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049.2005 RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS IN VICINITY OF BAY AND COUNTRY CLUB ROADS AND WINCREST DRIVE WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 49, 2005 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (District) in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing a water main on Bay Road and installing a water main connector at Country Club Road and Wincrest Drive in accordance with Town Law §202-b, and WHEREAS, C. T. Male Associates, P.C., professional engineers, have prepared a Map and Plan concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and the Map, Plan and Report describes exactly what work is proposed to be done, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, 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), and th WHEREAS, on January 10, 2005, 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 proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on th January 24, 2005 and the Town Board has considered the evidence given together with other information, and WHEREAS, the “Whereas” clause in the Public Hearing Order was inaccurate and instead, the actions described in the Map, Plan and Report are State Environmental Quality Review Act (SEQRA) Type II actions listed under 617.5(c)(1), (2), (5) and (11), and WHEREAS, as Type II actions, no SEQRA review is required, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, and WHEREAS, the Town has the funds to pay for the proposed Water District improvements in a Capital Reserve Fund previously established, and WHEREAS, any expenditure from such capital reserve fund is subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that these actions are Type II actions and therefore, no State Environmental Quality Review Act (SEQRA) review is required, and 2 BE IT FURTHER, 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; 2.It is in the public interest to authorize and approve the improvements to the Queensbury Consolidated Water District, such improvements being: A.replacement of existing water main with approximately 4,190 LF of 12-inch pipe along the east side of Bay Road from just north of Cronin Road to the Adirondack Community College property; and B.installation of approximately 210 LF of 8-inch pipe to connect the 8-inch water main on Country Club Road with the 6-inch main on Wincrest Drive; in the Town of Queensbury as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 3 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation. 3. a permissive referendum in the manner provided in New York State Town Law Article 7; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Map, Plan and Report from the Water District’s Capital Reserve Fund subject to a permissive referendum in the manner provide din New York State Town Law Article 7, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 24 day of January, 2005, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None 4