115.2009
RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION
TO QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE THE CERRONE SUBDIVISION
RESOLUTION NO. 115, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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
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WHEREAS, on March 23, 2009, subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up
fees (if any) and the cost of the Water District to the typical property and the typical one or two family
home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact
that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g)
the time and place of a public hearing on the proposed Water District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the New York State Comptroller’s Office, all as required by law, and
WHEREAS, the Town Board held a public hearing and heard all interested persons concerning
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the proposed Water District Extension on Monday, April 6, 2009 and the Town Board has
considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension in
accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury
Consolidated Water District in accordance with Town Law §206-a, and
WHEREAS, this action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review
is not required,
NOW, THEREFORE, BE IT
RESOLVED, that it is the determination of the Queensbury Town Board that:
1. The Notice of Public Hearing was published and posted as required by law and is
otherwise sufficient;
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2. It is in the public interest to establish, authorize, and approve the Water District
Extension (to serve the Cerrone Subdivision) to the existing Queensbury Consolidated Water District
as described in the Map, Plan and Report on file with the Queensbury Town Clerk;
3. All property and property owners within the Extension are benefited;
4. All benefited property and property owners are included within the limits of the
Extension;
5. In accordance with New York State Town Law §206-a, it is in the public interest to
assess all expenses of the District, including all extensions heretofore or hereafter established as a
charge against the entire area of the District as extended and it is in the public interest to extend the
District only if all expenses of the District shall be assessed against the entire District as extended, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water
District Extension to serve the Cerrone Subdivision to the Queensbury Consolidated Water District
and the Extension is in accordance with the boundaries and descriptions set forth in the previously
described Map, Plan and Report and construction of the improvements may proceed and service
provided, subject to the adoption of a Final Order by the Queensbury Town Board, and
BE IT FURTHER,
RESOLVED, that this Resolution is also subject to a permissive referendum in the manner
provided by the provisions of New York State Town Law Article 7 and Article 12-A and the Town
Board hereby authorizes and directs the Queensbury Town Clerk to file, post, and publish such Notice
of this Resolution as may be required by law.
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Duly adopted this 6 day of April, 2009, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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