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115.2024 Order Setting PH Proposed Improvement of Qby Consol Water Dist Facilities St Rt 9 & 254 Water Main Replacement Project ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES - STATE ROUTES 9 AND 254 WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 115,2024 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District(the "District") in accordance with New York Town Law, and WHEREAS, by Resolution No.: 335,2023, the Queensbury Town Board authorized and ratified emergency water main repairs relating to a catastrophic water main failure at the Intersection of State Routes 9 and 254, and WHEREAS, the Town Board wishes to now authorize improvement of the District's water transmission facilities to restore permanent fire flow to the commercial district located south of Quaker Road and east of Bay Road by replacing approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254 (Project), in accordance with Town Law §202-b, and WHEREAS, by Resolution No.: 261,2021, the Town Board accepted a total of $2,794,633.02 in American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Grant Funds from the New York State Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions to be set forth by the New York State Department of Budget and/or the Federal Government, and established the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241 and the Town Board wishes to use some of these Recovery Funds, as well as funds from the Town Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), for this qualifying infrastructure investment Project, and WHEREAS, the Town Water Superintendent previously recommended that the Town Board engage the professional engineering services of Delaware Engineering, DPC (Delaware) for the design, bidding and construction administration and observation services related to the Project and by Resolution No.: 51,2024, the Town Board authorized engagement of Delaware for such services and the establishment of the State Routes 9 and 254 Water Main Repairs Capital Project No.: 252, and WHEREAS, Delaware has prepared an Engineering Report issued March 2024 concerning the Project together with an estimate of its cost, a copy of which Engineer's Report is duly filed in the Queensbury Town Clerk's Office and made available for public inspection and presented at this meeting, and WHEREAS, as detailed in the Engineering Report, this is a replacement of the water infrastructure in kind on the same site which also includes street openings and right-of-way openings to reconstruct and maintain the existing utility facilities, and therefore a Type 11 action under 6 NYCRR Section 617.5(c)(6) and (c)(2) of the State Environmental Quality Review Act (SEQRA) regulations and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The project is a SEQRA Type II action pursuant to 6 NYCRR Section 617.5(c)(6) and(c)(2) and therefore the project is not subject to SEQRA review. 2. The proposed improvements consist of the replacement of approximately 550 linear feet of 12" cast iron water main with new 14" HDPE water main (12.40-inch I.D.) to be directionally drilled under Route 9 and Route 254 with a new casing piping and replacing the existing PRV vault with a new PRV vault to be relocated on the other side of Route 254. 3. The estimated cost of such improvements is $1,354,250. 4. The cost of the improvements will be funded by ARPA Funds, funds from the Town Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 and/or by issuance of Bond Anticipation Note(s) (which would have to be duly authorized by a subsequent Bond Resolution), to be paid from Capital Project Fund No.: 252. 5. The proposed improvements shall be constructed and installed as specifically delineated in the Engineering 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. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m., on Monday, April V, 2024 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 7. 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 §202-b. Duly adopted this 18t'day of March, 2024 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None