188.2004
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
ACQUISITION OF PROPERTY RIGHTS BY EMINENT DOMAIN AND
AUTHORIZING APPRAISALS OF CERTAIN PROPERTIES WITHIN AREA
SCHEDULED FOR WATER TRANSMISSION SYSTEM IMPROVEMENTS
RESOLUTION NO.: 188, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Town Board Resolution No.: 353,2003 the Town Board authorized and
approved improvements to the Queensbury Consolidated Water District, such improvements being the
installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland
Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road
underneath Interstate 87 (Northway) in the Town of Queensbury, and
WHEREAS, the engineer working with the Town has determined the technical requirements of
the Project and has indicated that a line will need to run across certain properties as follows:
OWNER NAME TAX MAP NO. PROPERTY ADDRESS EASEMENT NO.
Robert Mulcahy 297.9-1-8 557 Ridge Road P-14
Howard Crannell 290.18-1-23 388 Haviland Road P-24
Niagara Mohawk Power Corp. P-42
No tax map listed Located on both sides of
and County GIS Round Pond Road. On
shows no tax south side it is bounded by
number either. two parcels (296.6-1-13 and
296.5-1-1 belonging to
Salvadore Russo listed as
144 Round Pond Road) and
on north side it is bounded
on both sides by Guido
Passarelli's parcel (296.5-1-
7 lot number(s) unknown).
and
WHEREAS, the Town has attempted to negotiate with the property owners for easements
necessary for the Project but it appears that it will not be possible to get consent easements, and
WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easements
by eminent domain in order to serve a public purpose, and
WHEREAS, the Town is required to compensate the property owners for the property
rights obtained, and
WHEREAS, the Town Board wishes to obtain appraisals of the value of the easements
across the properties, and
WHEREAS, the Town has in the past relied upon the appraisal services of Empire State
Appraisal Consultants, Inc., and has found their work to be thorough and accurate, and
WHEREAS, Eminent Domain Procedure Law §201 requires the Town Board to hold a public
hearing prior to commencing a proceeding to acquire property rights by eminent domain,
NOW, THEREFORE, BE IT
th
RESOLVED, that the Queensbury Town Board shall hold a public hearing on April 19, 2004
at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to inform the general
public about the Project, review the public use to be served by the Project and the potential impacts on
the environment and the residents of the locality where the Project is to be located and to hear all
persons interested in the proposed Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
publish a Notice of Public Hearing in at least five (5) successive issues of the Glens Falls Post-Star
commencing at least ten (10) but no more than thirty (30) days before the date of the public
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hearing, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor
to engage the services of Empire State Appraisal Consultants, Inc., to provide an appraisal value
of the easements over the properties listed in the preambles of this Resolution for a total cost not to
exceed $5,400 to be paid from the appropriate account as determined by the Town’s Budget Officer,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
any documentation, including a contract for appraisal services, and the Town Supervisor and/or Town
Counsel to take all action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
th
Duly adopted this 5 day of April, 2004, by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None
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