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227.2010 Homer Ave.Swr. Dist. RESOLUTION RELATING TO PROPOSED DRAINAGE DISTRICT IN VICINITY OF QUAKER ROAD AND HOMER AVENUE RESOLUTION NO.: 227, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, between Homer Avenue and Quaker Road in the Town of Queensbury there is a failed drainage pipe, which extends from and through property owned by Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse to Quaker Road, and WHEREAS, as a result of the failed drainage pipe there is substantial flooding in the area during the snow melt in the Spring and throughout the year during periods of heavy rain, and WHEREAS, the flooding poses a threat to the integrity of Homer Avenue, a Town Road, and creates serious problems for the owners of properties in the area, and WHEREAS, the Town has engaged in extensive discussions with the owners and representatives of Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse with the goal of bringing about a cooperative agreement to replace the failed drainage pipe, and WHEREAS, as a condition of its participation in the proposed cooperative agreement to replace the drainage pipe, The Tire Warehouse required that certain conditions be met regarding access to its property and parking for its employees and customers during work to replace the drainage pipe, and WHEREAS, the Town has made diligent good-faith efforts to gain the cooperation of others in order to meet the requirements of The Tire Warehouse, and WHEREAS, despite the Town’s best efforts in this regard, the access and parking requirements of The Tire Warehouse could not be met and, as a result, all attempts to bring about a cooperative agreement to replace the failed drainage pipe have been unsuccessful, and WHEREAS, the Town Board previously recognized the severity of the drainage problem when the Board adopted Resolution No.: 162,2010, in contemplation of the need to form a Drainage District, authorizing the Town Engineer to prepare a Map, Plan and Report for replacement of the failed drainage pipe, and WHEREAS, the Town Engineer was directed to temporarily suspend work on the Map, Plan and Report when it appeared that efforts to reach a cooperative agreement to replace the failed drainage pipe would be successful, and WHEREAS, because the Town’s final attempts to bring about a cooperative agreement with The Tire Warehouse and other property owners to replace the failed drainage pipe have been unsuccessful, it is necessary for the Town to pursue formation of the Drainage District to address the serious drainage problem in the vicinity of Quaker Road and Homer Avenue, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby directs the Town Engineer to resume and complete work on the previously authorized Map, Plan and Report with all due speed and to file it with the Town Clerk as expeditiously as possible so the Board can schedule a Public Hearing and take the other procedural steps required to form the Drainage District needed to address the serious drainage problem in the vicinity of Homer Avenue and Quaker Road. th Duly adopted this 7 day of June, 2010 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer NOES : Mr. Strough ABSENT : None