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438.94 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE INSTALLATION OF AN INTERCONNECTION FOR THE WEST GLENS FALLS WATER DISTRICT RESOLUTION NO. 438.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Carol Pulver WHEREAS, the Town Board of the Town of Queensbury previously received information concerning the West Glens Falls Water District's water problems from the Superintendent of Water, Thomas Flaherty, and received a copy of a letter from the State Department of Health, dated August 22, 1994, which advised that, based on bacteriological information reported to the Department of Health, action needed to be taken, including a public health notice and the retention of the services of an engineer to prepare and submit to the Health Department a study which would define the problem, list alternatives to correct the problem and provide a feasibility rationale and selected alternative, together with a schedule for design and problem correction, and WHEREAS, a boil water notice was authorized and issued for the West Glens Falls Water District as a result of the above referred to information, and the Town Water Superintendent has advised that such notice must continue until such time as a solution to the problems described above has been put into place, and WHEREAS, the Town Water Superintendent has advised that it is necessary for businesses located within the District to bring massive quantities of water to their establishments at a significant expense, and that the same also constitutes a significant burden on persons residing within the area in that water must be either boiled or imported for human consumption, and WHEREAS, the Town Water Superintendent has advised that tests also indicate that there is a concern about sufficient water pressure for fire and emergency use, and WHEREAS, the Water Superintendent has advised that the construction of an interconnection between the West Glens Falls District and the Queensbury Consolidated District and the utilization of the Queensbury Consolidated District as the source of a water supply (as opposed to the City of Glens Falls water supply) will most likely be the recommended permanent solution, together with suggested improvements to transmission lines and other facilities, and WHEREAS, the Water Superintendent has also advised that, upon considering cost, practicality and expediency, a reasonable short- term solution is to install an interconnection between the West Glens Falls Water District and the Queensbury Consolidated Water District lines and allow the Queensbury Consolidated Water District to supply water to the District, and WHEREAS, the Town Board of the Town of Queensbury has, in addition to the foregoing, received a letter form report from O'Brien & Gere Engineers concerning the above referred to problems experienced by the West Glens Falls Water District and said letter also sets forth the recommendation that an interconnection between the West Glens Falls District and Queensbury Consolidated District be considered, and WHEREAS, the Town Board of the Town of Queensbury, after careful review of this matter and, after hearing testimony from the Water Superintendent, determined that the situation is serious and warranted a resolution as quickly as possible and warranted the use of any appropriate procedures that would allow the resolution of the problem as soon as possible and has authorized the work as the 2 Local Board of Health, and WHEREAS, the purpose of this resolution is to allow the Town Board to take such steps and proceedings that may be necessary or required to authorize the proposed improvement as a District expense, NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall use the letter and report from O'Brien & Gere and the information provided by Thomas Flaherty as the report for purposes of proceeding to a public hearing, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury acknowledges that the most reasonable and expeditious solution to the problems experienced in the West Glens Falls Water District would be the construction of an interconnection between the West Glens Falls Water District and the Queensbury Consolidated Water District, allowing use of Queensbury Consolidated Water District water, and has authorized the same as the Local Board of Health and this resolution is for the purpose of causing the expenditures incurred to be assessed against the district, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury acknowledges that the proposed improvement of an emergency water connection is estimated to cost, including engineering and construction fees, approximately $9,000.00, and that this amount shall be the maximum proposed amount, and BE IT FURTHER 3 RESOLVED, that the expense of constructing and maintaining an interconnection is proposed to be assessed and levied upon and collected from the several lots and parcels of and located within the West Glens Falls Water District, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury also acknowledges the report from the Town Water Superintendent that the emergency interconnection will also be used as part of the proposed ultimate solution and, therefore, funds expended for this emergency solution are proposed not to be spent simply for the emergency but, rather, will also be beneficial to the final solution, and BE IT FURTHER RESOLVED, that the Town Board considers the action about to be undertaken as an unlisted action under SEQRA, entitled to any provisions thereof that allow for emergency action, that a SEQRA review will be conducted after the hearing authorized hereby, and that the Water Superintendent, working with the engineers, shall prepare the appropriate EAF, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby calls for a public hearing on the report from O'Brien & Gere Engineers provided at this meeting and the recommendations of the Town Water Superintendent, as identified in this resolution and as also provided by way of testimony at this meeting, on the 3rd day of October, 1994, at 7:00 p.m., at the Queensbury Activity Center, 531 Bay Road, Queensbury, New York and 4 BE IT FURTHER RESOLVED, that notice shall be published and posted and such hearings shall be held, all in a manner as provided by Town Law, Section 202B, and that the notice shall constitute this resolution with lead paragraph reading as follows: NOTICE OF PUBLIC HEARING FOR IMPROVEMENTS PROPOSED TO BE ASSESSED TO THE WEST GLENS FALLS WATER DISTRICT CONSISTING OF AN INTERCONNECTION FOR WATER SUPPLY FROM THE QUEENSBURY CONSOLIDATED WATER DISTRICT Notice is hereby given, as authorized and directed by the Town Board of the Town of Queensbury that a public hearing will be held by the Town Board on October 3rd. 1994, at the Queensbury Activity Center, 531 Bay Road, Queensbury, New York, at which time all persons interested will be heard concerning improvements proposed to be authorized pursuant to appropriate Town Law and General Municipal Law provisions and assessed as an expense to the West Glens Falls Water District, said improvements consisting of the construction of an interconnection between the West Glens Falls Water District and Queensbury Consolidated Water District to allow the provision of water from the Queensbury Consolidated Water District to service the West Glens Falls Water District, as more fully set forth in the resolution set forth below, and PLEASE TAKE FURTHER NOTICE that the maximum amount proposed and preliminary project cost estimate is $9,000.00 and that the expense of such project is proposed to be assessed against the properties in the West Glens Falls Water District, as are other expenses currently incurred by the West Glens Falls Water District, and PLEASE TAKE FURTHER NOTICE that additional information and/or details are set forth in a copy of the resolution provided with this notice and set forth herein below and that further information may be obtained by reviewing the engineer's report on file with the Town of Queensbury Town Clerk's Office during normal business hours. , and 5 BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that, after such hearing, and based on the evidence given thereat, the Town Board shall determine whether it is in the public interest to authorize the proposed improvements pursuant to the appropriate State Laws and assess the same against the West Glens Falls Water District, and BE IT FURTHER RESOLVED, that the Water Superintendent is hereby authorized to make such applications and seek such approvals from DEC and DOH and any other agencies as may be necessary for the interconnection of West Glens Falls Water District and Queensbury Consolidated Water District, and BE IT FURTHER RESOLVED, that Resolution No. 435, dated September 2, 1994, is hereby amended to the extent the same is inconsistent with the terms and provisions of this resolution. Duly adopted this 12th day of September, l994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: None 6