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226.2011 Set PH Shore Colony Water District ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION OF SHORE COLONY WATER DISTRICT AND REPLACEMENT OF OBSOLETE PIPES IN THE DISTRICT RESOLUTION NO.: 226, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly established the Shore Colony Water District (the “District”) in 1957; and WHEREAS, the Town Board wishes to extend the District in accordance with Town Law Article 12-A to include three parcels which have been out-of-District contract users and to confirm the inclusion of a fourth parcel in the District; and WHEREAS, the Town Board wishes to replace obsolete, inadequate and damaged pipes in accordance with Town Law §202-b to remedy distribution system leaking and repair problems; and WHEREAS, a Map, Plan and Report (“Map, Plan and Report”) has been prepared by Burley-Guminiak & Associates, Consulting Engineers, PLLC (“Burley-Guminiak”), concerning the proposed water district extension and pipe replacement as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection; and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply, the mode of constructing the proposed water district extension improvements and an estimate of the maximum cost of the improvement; 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); NOW, THEREFORE, IT IS HEREBY ORDERED: The boundaries of the proposed Water District extension are as set forth in the 1. Map, Plan and Report and as follows: Shore Colony Water District Extension – Assembly Point Road “A” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northwest corner of Parcel No. 226.19-1-97; THENCE southerly along the western bounds of Parcel No. 226.19-1-97, a distance of 119 feet, more or less; to the southwest corner of Parcel No. 226.19-1-97; THENCE easterly along the southern bounds of Parcel No. 226.19-1-97, a distance of 141 feet, more or less, to the southeast corner of Parcel No. 226.19-1-97; THENCE northerly along the eastern bound of Parcel No. 226.19-1-97, a distance of 63 feet, more or less, to the northeast corner of Parcel No. 226.19-1-97; THENCE westerly along the northern bounds of Parcel No. 226.19-1-97, a distance of 117 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Assembly Point Road “B” 2 ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-26; THENCE westerly along the northern bounds of Parcel No. 226.19-2-26, a distance of 253 feet, more or less, to the northwest corner of Parcel No. 226.19-2-26; THENCE southerly along the western bounds of Parcel No. 226.19-2-26, a distance of 173 feet, more or less, to the southwest corner of Parcel No. 226.19-2-26; THENCE easterly along the southern bounds of Parcel No. 226.19-2-26; a distance of 241 feet, more or less, to the southeast corner of Parcel No. 226.19-2-26; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-26, a distance of 178 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Honeysuckle Lane “C” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-33; THENCE westerly along the northern bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the northwest corner of Parcel No. 226.19-2-33; THENCE southerly along the western bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the southwest corner of Parcel No. 226.19-2-33; THENCE easterly along the southern bounds of Parcel No. 226.19-2-33, a distance of 98 feet, more or less, to the southeast corner of Parcel No. 226.19-2-33; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Honeysuckle Lane “D” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. 3 BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-35; THENCE westerly along the northern bounds of Parcel No. 226.19-2-35, a distance of 98 feet, more or less, to the northwest corner of Parcel No. 226.19-2-35; THENCE southerly along the western bounds of Parcel No. 226.19-2-35, a distance of 100 feet, more or less, to the southwest corner of Parcel No. 226.19-2-35; THENCE easterly along the southern bounds of Parcel No. 226.19-2-35, a distance of 99 feet, more or less, to the southeast corner of Parcel No. 226.19-2-35; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-35, a distance of 102 feet, more or less, to the POINT OF BEGINNING These properties shall become consolidated with and become a part of the District. 2. The proposed improvements consist of replacement of the existing water distribution system, consisting of 4,000 linear feet of 2.5” inch diameter pipe and 1,350 linear feet of 4” diameter galvanized metal pipe and related appurtenances, with up to 2,000 linear feet of 4” diameter ductile iron pipe minimum, 3,100 linear feet of 2” SDR 21 PVC pipe, 1,000 linear feet of ¾” copper service piping and associated curb stops, corporation stops, valves and other required appurtenances, which replacement will be made on the opposite side of the road from the existing pipe in some cases. 3. The maximum estimated cost of the proposed improvements is $150,000. The cost of the improvements will be paid for using Shore Colony Water District fund balances, including (a) $63,000 from Capital Fund #117, (b) $81,000 from the District’s fund balance and (c) $6,000 which has already been expended from other funds of the District. Therefore, there will be no additional charge to the current users of the District system to construct the proposed improvements and there will be no financing required by the Town on behalf of the District or debt service costs related to the District extension and proposed improvements. 4. The estimated annual cost of the District extension and improvements to the typical property in the District extension, which typical property is a typical one family home, for 4 operation and maintenance and other charges is $378. There will be no hook-up fees as all of the properties within the District extension are currently connected to the water distribution system. 5. A detailed explanation of how the estimated costs of the District extension and improvements were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities th Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, July 25, 2011 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 5