144.2015 Approve Ext 49 to Qsby Consolidated Water District - Leuci Subdivision RESOLUTION APPROVING EXTENSION NO. 49 TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE LEUCI SUBDIVISION
RESOLUTION NO.: 144,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve the proposed Leuci Subdivision (Subdivision) on Peggy Ann Road in
accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Thomas
Nace, P.E., concerning the proposed Water District Extension No. 49 to connect the Subdivision
to the existing Queensbury Consolidated Water District water main along the south side of Peggy
Ann Road as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and made available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension No. 49, 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, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed Water District Extension No. 49, determined that the project would not have a significant
effect on the environment and issued a Negative Declaration, and
WHEREAS, the estimated annual cost to the"typical property" was filed with the Town Clerk
and made a part of the Map, Plan and Report, and
WHEREAS, on April 6h, 2015, 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 No. 49; (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 proposed Water District Extension No. 49 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 improvements 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 No. 49, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension No.
49 to the typical property and typical one or two family home (if not the typical property) were
computed was filed with the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Water District Extension No. 49 was duly held
on Monday, April 20'`, 2015 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 No.
49 as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, BE IT
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RESOLVED, that the Queensbury Town Board hereby determines that:
I. The Order scheduling the Public Hearing was published and posted as required by law
and is otherwise sufficient;
2. All property and property owners within the proposed Water District Extension No. 49
are benefited thereby;
3. All property and property owners benefited are included within the limits of the
proposed Water District Extension No. 49;
4. It is in the public interest to establish, authorize, and approve the proposed Water
District Extension No. 49 as described in the Map, Plan and Report on file with the
Queensbury Town Clerk with the boundaries and benefited areas of the proposed
Water District Extension No. 49 to be as described in and shown on the map of the
proposed Water District Extension No. 49 attached as Exhibit A to the Map, Plan and
Report;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the Leuci
Subdivision Water District Extension in accordance with the boundaries and descriptions set forth in
the Map, Plan and Report, and construction of the improvements may proceed and service may be
provided subject to the following:
I. The obtaining of any necessary permits or approvals from the New York State
Department of Health;
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2. The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3. The obtaining of any required approval(s) of the New York State Comptroller's Office;
4. Permissive referendum in the manner provided in New York State Town Law Article
7; and
5. The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post
and publish such notice of this Resolution as may be required by law and to cause to be prepared and
have available for distribution proper forms for the petition and to distribute a supply to any person
requesting such petition, and if no such petition is filed within 30 days to file a certificate to that effect in
the Office of the County Clerk and with the State Department of Audit and Control.
Duly adopted this 20'h day of April, 2015, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Clements
NOES None
ABSENT: Mr. Metivier
I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County,New York, do hereby
certify that I have compared the foregoing with the original resolution as listed above adopted at a
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Regular meeting of the Town Board of the Town of Queensbury held on the 20th day of April, 2015 at
which a quorum was present and that the same is a correct transcript there from and of the whole
original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this
20th day of May, 2015.
SEAL SIGNED:
Caroline H. Barber
Town Clerk
Town of Queensbury
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