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162.2008 RESOLUTION SETTING PUBLIC HEARING TO DISCUSS ACQUISITION BY CONDEMNATION OF PROPERTIES ON MAIN STREET RESOLUTION NO.: 162, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board of the Town of Queensbury (Town) is the duly elected governing body of the Town of Queensbury, and WHEREAS, in accordance with New York State Town Law, the Town may condemn privately owned property within the limits of the Town for a public purpose pursuant to the powers of eminent domain, and WHEREAS, Main Street is a narrow public highway in the Town, and WHEREAS, the County of Warren (County) has undertaken a project to widen the bounds of Main Street, and WHEREAS, a number of public utility facilities are constructed along the bounds of Main Street which creates visual confusion for drivers, and WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts, and improve the safety of the public along this Street, caused by public utilities’ above-ground facilities, and WHEREAS, the Town wishes to consider taking property by eminent domain for the placing of utilities, including municipal sewer, municipal water, and public utilities underground and/or above-ground, and WHEREAS, in furtherance of these goals, the Town will consider taking by eminent domain a portion of a number of properties adjacent to Main Street, and WHEREAS, the County will be holding a Public Hearing to describe the Main Street Project, the widening of Main Street, the County’s public purpose for such Project and the County’s consideration of taking by eminent domain a portion of a number of properties adjacent to Main Street, and WHEREAS, certain utility work is expected to be completed along with the County’s Main Street Project, and WHEREAS, the Town and County determined that they wish to hold any Public Hearing related to each municipality’s consideration of eminent domain jointly, NOW THEREFORE BE IT RESOLVED, in accordance with the Eminent Domain Procedure Law, the Town of Queensbury shall hold a Public Hearing at which time the Town shall set forth the project contemplated and the public purpose to be served thereby and all persons present shall have an opportunity to submit both written and verbal comments, and BE IT FURTHER, RESOLVED, that it is the intention of the Town to hold a Public Hearing jointly with the County, and BE IT FURTHER, RESOLVED, that the Public Hearing shall be held at the West Glens Falls Volunteer Fire 2 th Co., Inc.’s Station #1 located at 33 Luzerne Road, Queensbury on Wednesday, March 19, 2008 at 6:30 p.m., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and serve a Notice of Public Hearing in accordance with the Eminent Domain Procedure Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take any actions necessary to effectuate this Resolution. th Duly adopted this 25 day of February, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi 3