232.2011 Shore Colony replacement of pipes
RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION
OF SHORE COLONY WATER DISTRICT AND
REPLACEMENT OF OBSOLETE PIPES IN THE DISTRICT
RESOLUTION NO. 232, 2011
INTRODUCED BY: Mr. John Strough
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 (the “Water District Extension”), 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
WHEREAS, on July 11, 2011, 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
boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the
maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up
fees (if any) and the cost of the Water District to the typical property and the typical one or two family
home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact
that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g)
the time and place of a public hearing on the proposed Water District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published, and
WHEREAS, the Town Board held a public hearing and heard all interested persons concerning
the proposed Water District Extension and Water District improvements on Monday, July 25, 2011
and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension in
accordance with Town Law Article 12-A and consolidate the Extension with the Shore Colony Water
District, and
WHEREAS, the Town Board also wishes to authorize the proposed Water District
improvements in accordance with Town Law §202-b, and
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WHEREAS, pursuant to the State Environmental Quality Review Act (SEQRA), the
Town Board must determine the environmental significance of the Project, and
WHEREAS, the Town Board has determined that the Water District Extension is an
Unlisted Action under the State Environmental Quality Review Act ("SEQRA"), has determined
to conduct uncoordinated SEQRA review and has completed Parts I and II of the SEQRA Short
Environmental Assessment Form ("EAF"), and
WHEREAS, the Town has the funds to pay for the proposed Water District improvements
from water funds previously expended combined with Capital Funds previously established,
NOW, THEREFORE, BE IT
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. All property and property owners within the Extension will be benefited;
3. All benefited property and property owners are included within the limits of the
Extension; and
4. It is in the public interest to extend the Shore Colony Water District as described in the
Map, Plan and Report; and
BE IT FURTHER,
RESOLVED, that it is in the public interest to acquire and construct the improvements to the
Water District as described in the Map and Plan, such improvements generally being the replacement
of the existing water distribution system, consisting of 4,000 linear feet of 2.5” inch diameter pipe
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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, and
BE IT FURTHER,
RESOLVED, that the Town Board determines that there will be no adverse environmental
impacts from the proposed extension of the District and installation and construction of the
proposed improvements, and adopts and authorizes the filing of a Negative Declaration for the
project under the State Environmental Quality Review Act ("SEQRA"), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves the extension of the Shore Colony Water
District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, the
construction of the improvements and the providing of service therein, and
BE IT FURTHER,
RESOLVED, that Burley-Guminiak is hereby authorized and directed to prepare definite plans
and specifications for the proposed improvements, and to make a careful estimate of the expense and,
with the assistance of Town Counsel, to prepare a proposed contract for the execution of the work,
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Water
Superintendent, Budget Officer and/or Town Clerk to take any and all actions needed to effectuate the
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terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum pursuant to Article 7 of
Town Law and subdivision 3 of §209-e of Town Law, and shall not take effect until such time as
provided therein. The Town Clerk is hereby authorized and directed to post and publish the notice
required for resolutions subject to permissive referendum, to make available proper forms for a petition
for referendum and distribute a supply to anyone who requests them and, if no such petition is filed
within 30 days after the date of this Resolution, to file a certificate to that effect in the office of the
County Clerk.
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Duly adopted this 25 day of July, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT:None
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