TOWN OF HAGUE
PUBLIC HEARING
SEWER DISTRICT No. 2
May 29, 2007
6:30 pm
Members present: Supervisor Belden E. Frasier
R. Gladu T. LaPointe
Absent: A. Steitz.
Also present: Attorney Viscardi
WC Engineer William Lamy (6:45 pm)
Supervisor Belden opened the public hearing at 6:30 pm.
The Town Clerk read the public notice (Resolution #45 of 2007) that was published in the Official Newspaper of the Town of Hague (Post Star) on May 12, 2007.
Supervisor Belden opened to public comment.
Myles Peterson – At the last meeting of the Sewer District we had 85% designer view documents, have we reached 95% or100% designer view documents so we can have a better understanding of the total cost. 2. If the pipe running along Route 9 north is going to be insulated and heat taped is the annual cost calculated out on what this would cost in power usage. 3. He reviewed the EDU listing and came up with approximately 10 more users that should be added, has this been changed
Supervisor Belden explained that the contractor will be taking care of these issues. Once billing begins the listing of EDU’s will be readdressed, due to yearly changes in property. This will be done by Board resolution.
Supervisor Belden also stressed that there is still a chance for grant funding. The application was resubmitted and hopefully we will hear soon.
Dottie Henry – Is this a separate district or an extension of District #1
Supervisor Belden – This will be a separate District.
RESOLUTION #48 OF 2007
RESOLUTION INTRODUCED BY T, LAPOINTE,
SECONDED BY E. FRASIER.
RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE TOWN OF HAGUE SEWER DISTRICT NO. 2
WHEREAS, the Town Board authorized Clough, Harbour & Associates, LLP, licensed New York State Professional Engineers, to proceed with the preparation of the Map, Plan and Report; and
WHEREAS, a Map, Plan and Report, dated July 2006 was filed with the Town and is in the possession of the Town Clerk and has been available for public inspection; and
WHEREAS, the boundaries of the proposed district were included in said Map, Plan and Report and are set forth on Schedule A annexed hereto and made a part hereof; and
WHEREAS, the improvements proposed are described in said Map, Plan & Report filed in the Office of the Town Clerk and include the construction of a wastewater collection, conveyance and treatment system and related appurtenances; and
WHEREAS, the maximum amount proposed to be expended for the district is recited to be $3,740,000, of which $3,085,000 of this total amount is to be funded by a United States Environmental Protection Agency Grant to Warren County and all remaining costs to be expended from bonds issued or on behalf of the proposed district, and not from any general town funds; and
WHEREAS, the Capital Cost to the District is $655,000; and
WHEREAS, all costs for the proposed district are to be assessed on a benefit basis to the lots and parcels in the district, in proportion as near as may be to the benefit each derives therefrom; and
WHEREAS, there is not proposed to be any hook up fee levied by the Town for permission to connect to the system; however, the cost for the installation of a service line will be required to be provided by the owner from the building to the property line estimated to cost between $2,000 and $6,000 per parcel, depending on the length of the line and other factors that might be encountered in installing the line; and
WHEREAS, the cost of the district to the typical property in the district is estimated to be $400.00 per year for Operation & Maintenance; and
WHEREAS, Clough, Harbour & Associates, LLP, Licensed New York State Professional Engineers, prepared a Map, Plan & Report dated July 2006 and filed with the Town Clerk, provided for the remaining capital cost to the district of $655,000.00 to be financed by the Town of Hague through the issuance of a bond with an annual debt service for the users of the district based on an estimated 20-year bond period, an interest rate of 5.8%, and an amortized repayment schedule of $55,952.00. The annual debt service of $55,952.00 divided by the total number of EDU's in Sewer District No. 2 equates to $395.00 per EDU. A single family residence rated at 1 EDU would pay an annual operation and maintenance fee of $400.00, together with debt service of $395.00, for a total of $795.00 per year; and
WHEREAS, the Town Board has caused to be prepared and filed for public inspection with the Town Clerk a detailed explanation of how the cost of the district will be assessed to the typical property in the district and, if different, how the cost to a typical one or two family home in the district was compiled; and
WHEREAS, the requirements of Section 209-d of Town Law require a Public Hearing to be held on the formation of the district; and
WHEREAS, SEQRA documents have been completed prior to the adoption of this Final Order and NEPA documents have been submitted to USEPA; and
NOW, THEREFORE, BE IT RESOLVED AND ORDERED AS FOLLOWS:
RESOLVED AND ORDERED, that the notice of hearing was published and posted as required by law and is otherwise sufficient; and it is further
RESOLVED AND ORDERED, that the Town Board has determined that all the property owners and all the property within the proposed district are benefited thereby; and it is further,
RESOLVED AND ORDERED, that all property and property owners benefited are included within the limits of the proposed district; and it is further
RESOLVED AND ORDERED, that the establishment of such district is in the public interest; and it is further
RESOLVED AND ORDERED, that the Town Board approves the creation of the proposed district, subject to permissive referendum, and the proposed bonds to furnish and finance said district; and it is further
RESOLVED AND ORDERED, that the proposed Map, Plan, and Report prepared by Clough, Harbour & Associates, LLP, Licensed New York State Professional Engineers, dated July 2006, and filed with the Town Clerk is hereby approved; and it is further
RESOLVED AND ORDERED, that the Town Board of the Town of Hague is authorized to obtain the USEPA Grant and Bonding in the amount of $3,740,000 for funding said district, of which $3,085,000 of this total amount is to be funded by a United State Environmental Protection Agency Grant to Warren County and all remaining costs to be expended from bonds issued or on behalf of the proposed district, and not from any general Town funds, and upon the further condition that the establishment of the proposed district be approved by the Comptroller of the State of New York upon submission of a completed application to establish the district filed pursuant to Town Law Section 209-f; and it is further
RESOLVED AND ORDERED, that the cost for the installation of the service line from the building to the property line shall be borne by the owner; and it is further
RESOLVED AND ORDERED, that the Town Clerk shall cause a certified copy of this order to be published at least once in The Post Star, the publication to be not less than 10 nor more than 20 days before the hearing herein; and be it further
RESOLVED AND ORDERED, that this resolution is subject to a permissive referendum as provided in Section 209-e(3) and Section 90 of the Town Law and that the Town Clerk of the Town of Hague shall have petitions available should any property owner located in the proposed district wished to file a petition calling for a permissive referendum, and if no petition for permissive referendum is filed in the office of the Town Clerk within 30 days after the adoption of this resolution, the Town Clerk shall file a certificate stating such fact in the office of the Warren County Clerk's Office; and be it further
RESOLVED AND ORDERED, that the Town Board of the Town of Hague is authorized to take any and all steps necessary and incidental to carry out this Resolution.
FOR BOUNDARY DESCRIPTION OF PROPOSED SEWER DISTRICT NO. 2, TOWN OF HAGUE, WARREN COUNTY, STATE OF NEW YORK, SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, T. LaPointe, E. Frasier, and R. Gladu.
NAYS: none.
ABSENT: A. Steitz
Motion carried.
SCHEDULE A
Boundary Description
Proposed Sewer District No. 2
Town of Hague Warren County
State of New York
The Town of Hague Sewer District No. 2, situate in the Town of Hague, County of Warren, State of New York and servicing parcels along New York State Route 9N, Point Drive and Bay Road, shall be described as follows:
Starting at a point of beginning at the at the most southerly corner of parcel 3, as shown on Town of Hague Tax Map 26.17-2 on the westerly shore of Lake George; thence northwesterly and northeasterly along said parcel 3 and along Tax Map 26.18-1 Parcels 18, 17, 9, 4, 3 and 2 to a point on the westerly road boundary of New York State Route 9N; thence northerly along said road boundary 520 feet to a point; thence easterly and crossing Route 9N to the easterly road boundary of said Route 9N and the northwesterly corner of Tax Map 26.14-1 Parcel 18.1; thence northerly along the said easterly road boundary of Route 9N, 5000 feet to a point at the northwesterly corner of Tax Map 26.06-1 Parcel 26; thence northeasterly along the northerly boundary of Parcel 26 to the southwest corner of Parcel 4; thence northeasterly along the westerly boundary of Parcel 4 to the westerly shore of Lake George; thence northerly, easterly, southerly and westerly along the westerly shore of Lake George and Tax Map 26.06-1 Parcels 5, 6, 7, 8, 9, 10, 11, 12 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25, Tax Map 26.10-1 Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.1, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30.2, 30.1, 31, 32, 33, 34, 36, 35, 37 and 38, Tax Map 26.14-1 Parcels 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17 and 18.1, Tax Map 26.18-1 Parcels 1.1, 1.2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 and Tax Map 26.17-2 Parcel 3 to the point of beginning.
The Town of Hague Sewer District No. 2, situate in the Town of Hague, County of Warren, State of New York and servicing parcels along New York State Route 9N, Pine Cove Road and Split Rock Road, shall be described as follows:
Starting at a point of beginning at the southeasterly corner of parcel 28, as shown on Town of Hague Tax Map 60.09-1 on the westerly shore of Lake George; thence westerly along the southerly boundary of said Parcel 28 to the southwest corner thereof and the southeasterly corner of Parcel 27; thence northerly along said easterly boundary of Parcel 27 to the westerly road boundary of Pine Cove Road; thence northerly along said westerly road boundary and along the easterly boundary of Tax Map 60.09-1 Parcels 27, 22, 23, 12, 10, 8, 6 and 4 to the northeast corner of the last mentioned parcel and the northerly limit of Bobkat Lane; thence northwesterly along the said northerly limit of Bobkat Lane to the northeasterly corner of Parcel 2; thence northwesterly along the northerly boundary line to the northwest corner of Parcel 2 and the northeasterly corner of Parcel 1; thence northwesterly along the northerly boundary line of Parcel 1 to a point on the easterly road boundary of New York State Route 9N; thence southwesterly crossing said Route 9N to the westerly road boundary of Route 9N and the southeasterly corner of Tax Map 59.08-1 Parcel 6; thence northwesterly along the southerly boundary of Parcel 6 to the most westerly corner of said parcel; thence north along the westerly boundary line to the most northerly corner of said parcel; thence southeasterly along the north boundary of said parcel to the said westerly road boundary of Route 9N; thence northerly along said westerly road boundary of Route 9N to a point on the northerly road boundary of Split Rock Road; thence westerly along said road boundary of Split Rock Road to the southeast corner of Tax Map 42.20-1 Parcel 13; thence northerly along the easterly boundary of Parcel 13 to the northeast corner thereof; thence westerly along the northerly boundary of said parcel to the northwesterly corner thereof; thence southerly along the westerly boundary of said parcel to the said northerly road boundary of Split Rock Road; thence westerly 45 feet along the said northerly road boundary to the most southerly corner of Parcel 12; thence westerly along the southerly boundary of Parcel 12 to the southwest corner thereof; thence northerly along the westerly boundary of said parcel to the northwesterly corner thereof and the southeasterly corner of Parcel 10; thence northerly along the westerly boundary of Parcel 10 to the northwesterly corner thereof, said point being in Jenkins Brook; thence easterly along said Jenkins Brook 950 feet to a point on the said westerly road boundary of Route 9N and the northeasterly corner of Parcel 9; thence crossing said Route 9N to the easterly boundary thereof and to the northwesterly corner of Tax Map 43.17-1 Parcel 1; thence continuing easterly along said Jenkins Brook and along the northerly line of Parcel 1, 1050 feet to a point on the westerly shore of Lake George; thence southerly along the said westerly shore of Lake George and Tax Map 43.17-1 Parcels 1, 3, 8, 16, 13, 14, 15, 17, 18, 19 and 20, Tax Map 60.05-1 Parcels 1, 2, 3, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Tax Map 60.09-1 Parcels 24, 25, 26 and 28 to the point of beginning.
Robert Lawrenson – Is there anyway the property owner can be off their debt service to the District in one lump sum.
Attorney Viscardi will research this issue to see if it can legally be done.
RESOLUTION #49 OF 2007
APPLICATION FOR PERMISSION OF STATE COMPTROLLER PER 2 NYCRR, CHAPTER III, PART 85 PURSUANT TO STATUTE AUTHORITY TOWN LAW ARTICLE 12a, SECTION 209c, 209 d, 209 e, 209 f and 209 g. STATE FINANCE LAW, SECTION 8(14), TO ESTABLISH SEWER DISTRICT NO.2, TOWN OF HAGUE, WARREN COUNTY, NEW YORK
RESOLUTION INTRODUCED BY E. FRASIER, SECONDED BY R. GLADU.
WHEREAS, the Town Board of the Town of Hague is making application for permission of the State Comptroller per 2 NYCRR, Chapter III, Part 85; and
WHEREAS, the application of the Town Board for permission of the State Comptroller pursuant to the provisions of Section 85.3(b) shall be accompanied by a certified copy of a resolution of the Town Board stating that the attached application was prepared at the direction of the Town Board and the Town Board believes the contents of the application to be accurate.
NOW THEREFORE BE IT RESOLVED AND ORDERED AS FOLLOWS:
RESOLVED AND ORDERED, that the application hereby submitted to the State Comptroller was prepared at the direction of the Town Board;
RESOLVED AND ORDERED, that the Town Board believes the contents of the application to be accurate;
RESOLVED AND ORDERED, that the Town Board determined that the improvement in establishing Sewer District No. 2, Town of Hague, Warren County, New York for which permission is sought is in the public interest and will not constitute an undue hardship on the property which will bear the cost thereof;
RESOLVED AND ORDERED, that the capital cost of the proposed district of $655,000.00 will be assessed against the benefited area, that all real property to be assessed will be benefited by the proposed improvements, and that no benefited property has been excluded.
DULY ADOPTED BY THE FOLLOWING VOTE:
AYES: Supervisor Belden, R. Gladu, E. Frasier, and T. LaPointe.
NAYS: None.
ABSENT: A. Steitz.
Motion carried.
Bill Lamy explained that we are waiting to get approval from the EPA. Once we get all approvals completed, Clough Harbour will continue with the construction phase. Construction of the system should begin in 2008. During the installation of pipe around Island Harbour the road will be closed for approximately 3 weeks. Traffic will be detoured around West Hague/New Hague Road.
Judy Stock – Is the capital cost of the project recalculated every year.
This will be done during Budget time.
Motion by E. Frasier, seconded by R. Gladu to adjourn meeting at 7:00 pm. All voting yes. Motion carried.
Respectfully submitted,
Deborah F. Manning