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101.2009 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE CERRONE SUBDIVISION RESOLUTION NO.: 101, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision (Subdivision) on the west side of Corinth and West Mountain Roads in the Town of Queensbury in accordance with New York Town Law Article 12-A, and WHEREAS, this small portion of nine (9) lots in the Subdivision is necessary only to include all developable portions of nine (9) lots which already were in the Queensbury Consolidated Water District and which already were benefited by the Water District, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Nace Engineering, P.C., concerning the proposed water district extension to include this small portion of these lots and will connect the Subdivision to the existing Queensbury Consolidated Water District water main along West Mountain and Corinth Roads as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review is not required, NOW, THEREFORE, IT IS HEREBY ORDERED: The boundaries of the proposed Water District are as set forth in the Map, Plan 1. and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded BEGINNING and described as follows: at THE NORTHEASTERLY CORNER OF THE LANDS CURRENTLY OWNED BY Robert McDonald in the southerly bounds of lands owned by Cerrone Builders Inc. by deed book 345 at page 173; thence running in a northerly direction through the lands of Cerrone Builders Inc., North 06 degrees, 20 minutes and 56 seconds East, a distance of 2577.55 feet to a point in the northerly bounds of the lands of Cerrone Builders Inc. by deed book 3435 at page 173 and the southerly bounds of lands of East Slope Holdings, LP by deed book 1355 at page 272, said point also being located in the westerly bounds of the existing Queensbury Consolidated Water District; thence running in a southerly direction along the westerly bounds of the existing Queensbury Consolidated Water District, 2700.00+/- feet to the place and point of beginning, containing 10.6 acres of land to be the same more or less. Bearings in the above description refer to magnetic of 1999. SUBJECT to easements of record. 2 2. The proposed improvements consist of construction of infrastructure to support the Subdivision in order to access the Town’s water main along the West Mountain and Corinth Roads. All individual water service connections from the water main to the edge of the Town highway right-of-way including the corporation stop, the copper service pipe, curb stop and curb box will be installed by the subdivision developer during the construction of the road and water distribution system. The connection from the property line to the individual houses will be done at the time of construction of the individual houses. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing and new facilities will be provided by the Town of Queensbury Water Department. The vast majority of these lots were already in the Water District. 3. All capital costs associated with installation of the water distribution facilities including labor, materials and equipment will be paid by the subdivision developer. There will be no financing cost or tax increase in the existing Queensbury Consolidated Water District. 4. The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension is not relevant to this Extension as every lot which has property within the Extension already was in the Water District and there are no new lots being served. The typical property which has property included in the District Extension having assessed value at $350,000, which typical property is a typical one family home, will have an estimated annual cost for operation and maintenance and other charges (assuming an average water usage) of $609. All individual water service connections will be installed by the subdivision developer during the construction of the road and water distribution system and such portion of the water service connection will be done at the expense of the subdivision developer and there will be no cost to the individual homeowner or the Queensbury Consolidated Water District. The connection from the property line to the individual houses will be done at the time of construction of the individual homes and will be the responsibility of the individual homeowners. The cost of a typical ¾” service connection from the property line to the house will be in the range of $500 to $3,000 depending on the length of pipe 3 required. All service connection construction shall be done to Queensbury Water Department Standards and subject to their inspection. 5. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. The maximum estimated cost of the improvements which actually only includes providing water to those portions of such lots that were already within the bounds of the existing Water District, is $125,000. . 6The developer of the Subdivision will pay all costs of the improvements so there will be no financing required by the Town on behalf of the District. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities th Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 6, 2009 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice 4 of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. rd Duly adopted this 23 day of March, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 5