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336.94 RESOLUTION MAKING DETERMINATION RELATING TO PROPOSED INCREASE IN IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES RESOLUTION NO.: 336.94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, there exists in the Town of Queensbury Consolidated Water District, a Water Treatment Plant, water storage facilities, and certain water transmission mains and related real property holdings servicing the Queensbury Consolidated Water District, Sherman Avenue Extension Water District, Peggy Ann Road Water District, Easy Street Water Extension, and Hiland Park Water District, hereinafter referred to as the "Effected Districts and Extensions," and to some extent, certain adjacent communities pursuant to Water Supply agreements, and WHEREAS, after considering the capacity, age, efficiency, and effectiveness of existing Water Treatment Plant and distribution facilities, the future water needs of the areas serviced by the said Plant and distribution facilities and those areas expected to be served in the future, the Town Board of the Town of Queensbury, hereinafter referred to as the "Town Board" previously determined it appropriate to consider the expansion of the aforesaid Water Treatment Plant, purchase of certain additional lands, construction of various improvements to the Water Distribution System, and assessment of the cost of construction of the improvements and subsequent operation and maintenance to all the aforedescribed Effected Districts and Extensions, and WHEREAS, the Town Board caused to be prepared a map, plan and report, as amended June 17, 1994, of the proposed improvements and land acquisition, together with an estimate of the costs thereof, 1 and Part I of an Environmental Assessment Form, a copy of the same being presented at this meeting and being kept on file in the office of Town Clerk of the Town of Queensbury, and WHEREAS, the Town Board of the Town of Queensbury duly adopted a resolution on the 20th day of June, 1994, calling for a public hearing to consider the aforesaid expansion of the aforesaid Water Treatment Plant, acquisition of additional lands, construction of various improvements in the Water Distribution System, and assessment of costs to the aforedescribed, affected districts and extensions, as well as the maximum amount to be expended for the improvements, and WHEREAS, the aforesaid resolution adopted on June 20, 1994, provided that the public hearing would be held at the Queensbury Activities Center, 531 Bay Road, Queensbury, New York, on the 11th day of July, 1994, at 7:00 p.m., and WHEREAS, Notice of said Public Hearing was duly published and posted in the manner provided by law, and proof thereof has been submitted to the Town Board, and WHEREAS, said public hearing has been duly held at the time and place aforesaid, at which time all persons interested were duly heard, and WHEREAS, the Town Board has considered the map, plan, and report, and all evidence and information presented at the said public hearing, and WHEREAS, the said Town Board has reviewed the proposed action of the State Environmental Quality Review Act, and has found that the proposed expansion of the Water Plant, appropriation of lands, construction of improvements to the distribution system, and 2 assessment of costs of construction to the various affected districts and extensions, will not have a significant environmental impact, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Queensbury, Warren County, New York, based upon the map, plan, and report and the evidence and information received at the aforesaid public hearing, the Town Board of the Town of Queensbury hereby determines: 1) that it agrees with the following assessment provided by O'Brien & Gere Engineers, Inc., as set forth in its map, plan, and report: The existing water treatment plant does not have sufficient production capacity for meeting the District's current water demands. With this shortfall, the reliability of the system is compromised. Also, the transmission and storage system needs to be improved to take advantage of the increased plant capacity by improving hydraulics and increasing reserve storage capacity. The Town Board of the Town of Queensbury also agrees with O'Brien & Gere Engineers Inc.'s opinion that the Town should make improvements to the Water Treatment Plant to provide a capacity of 15 mgd, construct a 1 million storage tank, construct a 16" transmission main, and incorporate other miscellaneous improvements as outlined in the map, plan, and report, such as the installation of variable frequency drives, and all raw, unfinished water pumps, and the construction of a new, high lift pumping station within the proposed filter building. The Town Board of the Town of Queensbury also determines that it would be appropriate and in the public 3 interest to acquire additional lands as previously described in the resolution calling for the public hearing and to incorporate, as necessary, any design measures that may be advisable or needed to address the potential PCB issues that have been previously raised by reason of the contamination on the property owned by Niagara Mohawk upstream from the Water Treatment Plant. 2) that the Village of Hudson Falls is interested in participating in the Water Treatment Plant Expansion and that the Town should pursue arranging for that participation, but in the meantime, until that agreement can be reached, or, even if the agreement cannot be reached and the Village does not join with the Town on the Water Treatment Plant Expansion Project, it is appropriate to continue to proceed with the plans for expansion of the aforesaid Water Treatment Plant, acquire additional lands therefore, construct additional water storage facilities, and perform all such tasks more specifically described in the map, plan, and report, as amended June 17, 1994; and BE IT FURTHER, RESOLVED, based upon the map, plan, and report provided by O'Brien & Gere Engineers, Inc., the evidence and information received at the aforesaid public hearing, it is hereby found and determined to be in the public interest: 1) to provide for the aforesaid increase and improvement of the facilities of the Queensbury Consolidated Water District, together with the acquisition of land as described in the preambles hereof, at an estimated cost of $13,228,000, and the same is hereby authorized. 4 2) to apportion the capital construction costs associated with the proposed improvements to the Water Treatment Plant, land acquisition, and other improvements to facilities, as more specifically set forth in the map, plan, and report, on an ad valorem basis for all affected districts and/or extensions, such that each district or extension contributes or is taxed for the aforesaid costs according to the assessed value of property within the same from time to time, and that the operation and maintenance charges thereafter incurred annually, equally, and proportionately shared among the affected districts and/or extensions in the manner similar to the costs associated with the aforedescribed expansion project, and the amount so proportioned, shall be levied and collected in each district and/or extension, as provided in Town Law §202 and §202-a, and that the Town Attorney shall draft written agreements between the Queensbury Consolidated Water District and all other districts and/or extensions, providing for apportionment as set forth herein; and BE IT FURTHER, RESOLVED, 1) that definite plans and specifications and a careful estimate of the expense of the aforesaid improvement are hereby directed to be prepared by O'Brien & Gere Engineers, Inc., working with the Water Superintendent and the Town Attorney, and the same shall be submitted to the Town Board for examination and approval. The cost of said definite plans and specifications shall be paid for from the Consolidated Water District Capital Projects Fund. 2) The Town Supervisor, working with the Town Attorney, shall arrange for the acquisition of the real property previously 5 described herein, and the Town Supervisor is hereby authorized, directed, and ordered to execute any and all documents that may be necessary to acquire the properties aforedescribed, and take such other and further actions as may be necessary to acquire the same, including the placement of the Town's seal on any documents as may be required, and arrangement for payment of the same from the account of the Consolidated Water District, which account shall be appropriately reimbursed for the proportionate share of other water districts and extensions and the Village of Hudson Falls, should a final agreement for participation in the project, be approved; and BE IT FURTHER, RESOLVED, that it is the intent of the Town Board to reimburse monies expended from current funds pursunt to and by virtue of this Resolution from the proceeds of the sale of Bonds and/or Bond Anticipation Notes, and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately. Duly adopted this 11th day of July, 1994, by the following vote: AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES : None ABSENT: None 6