The Oneida Daily Dispatch, LEGAL NOTICE At a Regular Meeting of the Town Board of the Town of Sullivan, Madison County, New York, held at the Town Hall, located at 7507 Lakeport Road, Chittenango, New York on December 4, 2013 at 7:00 p.m. The meeting was called to order by the Supervisor, and upon roll being called, there were: PRESENT: John M. Becker Supervisor William S. Cole Councilor Thomas J. Kopp Jr. Councilor Kerry Ranger Councilor John E. Brzuszkiewicz Councilor IN THE MATTER OF THE FORMATION OF THE SLEEPY HOLLOW WATER DISTRICT IN THE TOWN OF SULLIVAN, COUNTY OF MADISON AND STATE OF NEW YORK Councilor Brzuszkiewicz moved and Councilor Ranger seconded the following resolution. WHEREAS, the Town Board of the Town of Sullivan (the “Town Board” and the “Town”, respectively), in the County of Madison, State of New York, has received a petition, dated November 25, 2013, pursuant to Article 12 of the Town Law, for the formation of the Sleepy Hollow Water District in an area generally known as Sleepy Hollow Road, Chittenango, New York, which petition is signed by the owners of taxable real property situate in the proposed District, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed District, as shown upon the latest completed assessment roll of said Town, and including the signatures of resident owners of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed District, owned by resident owners according to the latest completed assessment roll; and WHEREAS, said petition purported to describe the boundaries of the proposed District in a manner sufficient to identify the lands included therein as in a deed of conveyance and was signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded; and WHEREAS, the proposed District is bounded and described in the attached Schedule “A”; and WHEREAS, following preparation of a map, plan and report by Dunn & Sgromo Engineers, PLLC, competent engineers duly licensed by the State of New York, for the proposed District, and the construction of water facilities therein, consisting generally of the replacement of existing well sources with a connection to the Onondaga County Water Authority (“OCWA”) water main and replace the distribution line serving properties and related site work, to be installed within the project area (the “water improvements”) in the Town of Sullivan, said map, plan and report are now on file in the Office of the Town Clerk; and WHEREAS, no other agency (including any Federal agency) is involved within the meaning of the New York State Environmental Quality Review Act (“SEQR”) with respect to this matter, with the result that the Planning Board shall act as lead agency in this matter; and WHEREAS, the establishment or extension of this special district is an unlisted action for purposes of environmental review under SEQR; and WHEREAS, the Town Board has given due consideration to the impact that such construction in said District may have on the environment and on the basis of such consideration, the Town Board will hereby determine the environmental impact, if any, to be caused by such construction under SEQR; and WHEREAS, the Town Board has determined that a short environmental assessment form (“EAF”) shall be required in connection with this matter; and WHEREAS, the said EAF has been prepared and has been reviewed by the Town Board; and WHEREAS, the maximum amount proposed to be expended for the construction of the water improvements is estimated to be One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) and the plan of financing includes the issuance of bonds of the Town to finance said cost and the assessment, levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefitted thereby, so much upon and from each as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable, all as shown on the attached financing plan (Schedule “B”) as set forth in said Map, Plan and Report; and WHEREAS, the estimated cost of the District to the “typical property” (as defined in the Town Law) is One Thousand Two Hundred and 00/100 Dollars ($1,200.00) (taking into account the capital/debt service, operation, maintenance, user fees and county fees), annually; and that the Town Board has heretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and WHEREAS, all future costs and expenses of operation, maintenance and improvements, in said District, including all expenses related to all extensions of said District which may thereafter be established, shall be a charge against the entire area of said District as extended. NOW THEREFORE, BE IT RESOLVED AND DETERMINED, that the establishment of the said District and construction of improvements therein will have no significant adverse affects on the environment, and this Resolution shall constitute a negative declaration under SEQR for the following reasons: 1. The improvements shall consist of the replacement of existing well source with a connection to the OCWA water main and replace the distribution line serving the properties as described in the map, plan and report submitted by the applicants. The improvements are not anticipated to be in conjunction with any development which may eventually be constructed within the area of said district. 2. Such installation results in no substantial adverse changes in existing air quality, water quality or noise levels, no substantial increase in solid waste production and no substantial increase in the potential for erosion, flooding or drainage problems. 3. The improvements themselves provide a clear and reliable source of potable water to residents in the District in a safe and efficient manner. 4. No substantial interference with or adverse affects on animal life are anticipated. 5. None of the other criteria listed in 6 NYCRR Part 617.11 have been identified as being relevant to this action; and it is further RESOLVED AND DETERMINED, that a hearing of the Town Board of said Town of Sullivan shall be held at the Town Hall located at 7507 Lakeport Road, Chittenango, New York on the 2nd day of January, 2014, at 9:00 a.m., or as soon thereafter as the matter can be heard, to consider the establishment of the proposed District herein referred to and the construction of such water improvements therein, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is further RESOLVED AND DETERMINED, the Town Clerk publish at least once in the Oneida Daily Dispatch, a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and it is further RESOLVED AND DETERMINED, that the Town Clerk file a certified copy of this order with the Comptroller of the State of New York on or about the date of publication of a copy of this Order. The question of the adoption of the foregoing resolution was duly put to a vote and upon roll call, the vote was as follows: John E. Brzuszkiewicz Councilor Voted Yes Kerry Ranger Councilor Voted Yes Thomas J. Kopp Jr. Councilor Voted Yes William S. Cole Councilor Voted Yes John M. Becker Supervisor Voted Yes The foregoing resolution was thereupon declared duly adopted. SCHEDULE “A” 1. Beginning at a point in the westerly highway boundary of Sleepy Hollow Road, said point being approximately 191 feet south of the southerly highway boundary of New York State Route 5, said point also being the northeast property corner of a parcel owned by Moon, N/F, said point also being located on the municipal boundary of the Village of Chittenango and Town of Sullivan; 2. Thence westerly, along the northerly boundary of said Moon property, and along said municipal boundary, a distance of approximately 330 feet to a point, said point being the northwest property corner of said Moon property; 3. Thence southerly, along the westerly boundary of said Moon property, an approximate distance of 100 feet to the southwest property corner of said Moon property, said point also being located on the northerly property line of a parcel owned by DiChristina; 4. Thence westerly, along the northerly boundary of said DiChristina property, an approximate distance of 100 feet to the northwest property corner of said DiChristina property; 5. Thence southerly, along the westerly property line of said DiChristina property, and along the westerly property lines of parcels owned by Phillips, N/F, Riley, N/F, Shawley, N/F, and Graf, N/F, an approximate distance of 500 feet to the southwest property corner of said Graf property; 6. Thence easterly, along the southerly boundary of said Graf property, an approximate distance of 100 feet to the northwest property corner of a parcel owned by Kieffer, N/F; 7. Thence southerly, along the westerly boundary of said Kieffer property, an approximate distance of 173 feet to the southwest property corner of said Kieffer property; 8. Thence easterly, along the southerly boundary of said Kieffer property, an approximate distance of 217 feet to the southeast property corner of said Kieffer property, said point also being on the westerly highway boundary of said Sleepy Hollow Road; 9. Thence northeasterly, across Sleepy Hollow Road, an approximate distance of 63 feet to a point in the easterly right-of-way boundary of said Sleepy Hollow Road, said point also being the southwest property corner of a parcel owned by Roberts, N/F; 10. Thence westerly, along the southerly boundary of said Roberts property, an approximate distance of 186 feet to the southeast property corner of said Roberts property, said point also being on the municipal boundary of the Village of Chittenango and the Town of Sullivan; 11. Thence northerly, along said municipal boundary, said boundary also being the easterly boundary of said Roberts property and parcels owned by Ferguson, N/F, and Schiralli, N/F, Leonard, N/F, Charde, N/F, and Schiralli, N/F, an approximate distance of 695 feet to the northeast property corner of said Schiralli property, said point also being a corner of said municipal boundary; 12. Thence westerly, along the northerly boundary of said Schiralli parcel, and along said municipal boundary, across Sleepy Hollow Road, an approximate distance of 111 feet to the point of beginning. SCHEDULE “B” Sleepy Hollow Water District Improvement Project Preliminary Budget September 11, 2013 Revised November 12, 2013 1. Construction Costs: Master meter, duplex pumps, pressure tank, chamber 865 feet of 4-inch water main 13 - ¾-inch services 12 - ¾-inch meters Total = $110,000 2. Contingency (15%) = $ 15,000 3. Soft Costs (legal, survey, engineering) = $ 25,000 4. Total Project Cost = $150,000 5. Water District Annual Unit Costs: Project financing for $150,000 project: 30-year Municipal Bond @ 3% = (.0510) = $7,650/year 30-year Municipal Bond @ 4% = (.0578) = $8,670/year Units = 12½ Approximate unit cost @ 3% = $ 612/unit/year* Approximate unit cost @ 4% = $ 694/unit/year* 6. Additional Costs: Water purchase from OCWA (average cost) = $800/year = $ 64/unit/year* Town of Sullivan O&M = $4,000/year (estimated) = $ 320/unit/year* Capital reserve = $1,000/year $ 80/unit/year 7. Total Annual Typical User Costs = $1,200/year With debt service, water usage, O&M, and capital reserve total annual unit cost will likely exceed the Comptroller’s limit for water districts – will require special approval. CERTIFICATE STATE OF NEW YORK ) COUNTY OF MADISON ) I, the undersigned Clerk of the Town of Sullivan, Madison County, New York, DO HEREBY CERTIFY: That I have compared the foregoing resolution setting public hearing with the original thereof on file in my office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting and that, pursuant to Section 103 of the Public Officers Law, said meeting was open to the general public. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on December ___, 2013 CHARLOTTE A. FERSTLER Town Clerk
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