Notice of Adoption of a resolution regarding water district formation
NOTICE IS HEREBY GIVEN that a resolution was adopted by the Town Board of the Town of Pound Ridge, Westchester County, New York (the “Town”), at a meeting held at the Town House, 179 Westchester Avenue, in Pound Ridge, New York, on July 2, 2024, approving the establishment of the Scotts Corners Water District, subject to permissive referendum.
The meeting was called to order by Supervisor Hansan, and upon roll being called, the following were
PRESENT:
Councilperson Alison Boak
Councilperson Namasha Schelling
Councilperson/Deputy Supervisor Diane Briggs
Supervisor Kevin Hansan
ABSENT:
Councilperson Daniel Paschkes
The following resolution was offered by Councilperson Boak, who moved its adoption, and seconded by Councilperson Briggs, to‑wit:
WHEREAS, the Town Board of the Town of Pound Ridge (herein called the “Town Board” and the “Town”, respectively), in the County of Westchester, New York, pursuant to Town Law Article 12-A, has asked Laberge Group, competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the establishment of Scotts Corners Water District (the “District”), which map, plan and report entitled: "Scotts Corners Water District Map, Plan and Report" and dated May 2024 is on file at the office of the Town Clerk and is available for public inspection during regular business hours; AND
WHEREAS, the proposed District will contain approximately 39 parcels; AND
WHEREAS, the boundaries of the proposed District shall be as described in Exhibit A attached hereto and hereby incorporated herein; AND
WHEREAS, the improvements proposed for the District to connect to the water supply owned and operated by the Aquarion Water Company (described as Alternative No. 1 in the Report), consist of the acquisition and construction of a water main, valves, meter pit, hydrants, a treatment building and original equipment, machinery, apparatus, appurtenances, service lateral connections from the water main to the property or easement line, and incidental improvements and expenses in connection therewith, all as more fully described in the Report (collectively, the “Water Improvements”); AND
WHEREAS, the estimated maximum cost of said improvements is $11,129,000; AND
WHEREAS, the District plans to apply for (i) a Water Infrastructure improvement (WIIA) grant from the New York State Environmental Facilities Corporation ("EFC") and (ii) low-interest financing from EFC through its Drinking Water State Revolving Fund (DWSRF) program: AND
WHEREAS, it is the intention of hte Town to make the establishment of hte District contingent upon the award of a WIIA grant and financing assistance from EFC; AND
WHEREAS, the proposed plan of financing (described as Scario 3 in the Report) includes a (i) a WIIA grant for approximately 70% of the estimated maximum cost and (ii) the issuance of up to $3,340,000 of bonds and/or notes of said Town to be financed through EFC’s DWSRF program, assumed at an interest rate of 3% for a period of 30 years; AND
WHEREAS, the costs of hte proposed District will be apportioned based upon the equivalent dwelling unit (EDU) of each property in the proposed District, with each parcel being initially assigned an EDU as set forth in Appendix I of the Report (a single-family home being assigned an EDU of 1, and the commercial properties in the District having EDUs ranging from 1 to 50); AND
WHEREAS, assuming the District receives the grants and financing from EFC as described above, the annual user cost per EDU is approximately $856.00, which comprises a debt service cost of $590.00 and an operation and maintenance cost of $266.00, assuming the property does not exceed its designated EDU usage; AND
WHEREAS, assuming the District receives the grants and financing from EFC as described above, the expected average annual cost to the typical property (as such term is defined in Article 12-A of the Town Law) in the proposed District will be approximately $2,568.00 (for a commercial property with an EDU of 3) and the annual cost to the typical one-family home in the proposed District will be approximately $856.00 in the first year in which operation, maintenance, and other charges and expenses are to be paid by said properties, as described in Section VIII of the Report; AND
WHEREAS, there is no proposed hook-up fee imposed by the District but each property owner will be responsible for the one-time cost associated with the installation of and connecting to the water lateral that will be constructed by the project and installation of the Town-supplied water meter and setter, which cost will depend on the actual length of the service line and the complexity of installation; AND
WHEREAS, pursuant to an Order Calling for a Public Hearing dated May 21, 2024, which Order was duly posted and published, the Town Board held a public hearing on June 11, 2024, to consider the establishment of said District and the improvements proposed therefor, at which hearing all members of the public were given an opportunity to be heard; AND
WHEREAS, the Water Improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, the Town Board has determined will not result in any significant adverse impacts on the environmental and a SEQRA Negative Declaration was adopted by the Town Board on July 2, 2024; AND NOW, THEREFORE, BE IT
RESOLVED by the Town Board of the Town of Pound Ridge, Westchester County, New York, as follows:
Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows: (a) the notice of hearing was published and posted as required by law and is otherwise sufficient; (b) all the property and property owners within said proposed District are benefited thereby; (c) all the property and property owners benefited are included within the limits of said proposed District; and (d) the establishment of said proposed District is in the public interest.
Section 2. The establishment of the Scotts Corners Water District in the Town of Pound Ridge, Westchester County, New York, as described in the Report, the boundaries of which shall be as described in Exhibit A attached hereto and hereby made a part hereof, is hereby approved.
Section 3. The estimated maximum cost of the Water Improvements is $11,129,000, and the Town expects to pay for such project by applying for grant(s) and low-interest financing from EFC, including for (i) a WIIA grant for approximately 70% of the estimated maximum cost and (ii) low-cost financing for up to $3,340,000 through EFC’s DWSRF program.
Section 4. The cost of the Water Improvements attributable to the benefited properties in the proposed District will be $3,340,000, which amount is to be financed by the issuance of bonds and/or notes of said Town in an amount not to exceed $3,340,000, and shall be annually apportioned and assessed upon the several lots and parcels of land within said District in the manner provided by law in an amount sufficient to pay the principal and interest on said bonds, notes or other obligations issued to finance such cost as the same become due.
Section 5. Such costs of the proposed District will be apportioned based upon the equivalent dwelling unit (EDU) of each property in the proposed District. Each parcel will be initially assigned an EDU as set forth in Appendix I of the Report.
Section 6. This resolution is adopted subject to permissive referendum. The Town Clerk shall, within ten (10) days after the adoption date of this resolution, publish in the official newspaper and post on the official signboard of the Town, a notice which shall set forth the date of adoption of this resolution and the full text hereof.
Section 7. The establishment of the District is subject to approval by the State Comptroller under Article 12-A of the Town Law. The Town Supervisor is hereby authorized and directed to execute any such application to the State Comptroller and the Town Clerk is authorized to perform any filings necessary under Article 12-A of the Town Law.
APPENDIX A
The following is intended to describe the bounds of the proposed Scotts Corners Water District within the Town of Pound Ridge, Westchester County, New York as shown on the map entitled “Scotts Corners Water District, Figure 1A - Water District Boundary Map” prepared by Laberge Group and dated April 18, 2024. The district is comprised of a single contiguous area:
Beginning at a Point located at the intersection of the northerly bounds of Westchester Avenue and the westerly bounds of Tax Map Parcel 9454-36, and continuing northerly along said easterly bounds to a point located with the intersection of the southerly bounds of Parcel 9454-18;
Thence easterly, along the northerly bounds of the following Parcels: 9454-36, 9454-5, and 9454-6;
Thence southerly, along the easterly bounds of Parcel 9454-6 to the intersection with the northerly bounds of Parcel 9454-35;
Thence south-easterly, along the northern bounds of Parcel 9454-35 to its intersection with the northwestern bounds of Parcel 9454-10;
Thence north-easterly, along the northwestern bounds of parcel 9454-10 to its intersection with the westerly bounds of Trinity Pass Road;
Thence south-easterly along the westerly bounds of Trinity Pass Road to a point directly west from the northwesterly corner of Parcel 9456-1.9; Thence easterly across the bounds of Trinity Pass Road to its intersection with the northerly bounds of Parcel 9456-1.9;
Thence easterly, southerly and westerly around the bounds of Parcel 9456-1.9 to its intersection with the northerly bounds of Westchester Avenue;
Thence southerly across Westchester Avenue to the northerly bounds of Parcel 9455-25;
Thence easterly along the northern bounds of Parcels 9455-25 and 9455-26 to a point directly south of Parcel 9456-4;
Thence across the bounds of Westchester Avenue to its intersection with the north-westerly bounds of Parcel 9456-4;
Thence northerly and easterly along the northerly bounds of Parcel 9456-4 and 9456-5 to the westerly bounds of Parcel 9456-13;
Thence southerly along said bounds to the northwest corner of Parcel 9456-7;
Thence easterly along the northern bounds of Parcel 9456-7 to its intersection with the westerly bounds of Parcel 9456-9;
Thence southerly along the easterly bounds of Parcel 9456-7 to its intersection with the northerly bounds of Parcel 9456-8;
Thence easterly along the northerly bounds of Parcel 9456-7 to the its intersection with the westerly bounds of Parcel 9456-9;
Thence southerly along the easterly bounds of Parcel 9456-7 to the northerly bounds of Westchester Avenue;
Thence south-westerly across Westchester Avenue to the north-easterly corner of Parcel 9455-10;
Thence southerly to the easterly bounds of Parcel 9455-9;
Thence westerly along the southern bounds of the following Parcels: 9455-10, 9455-13, and 9455-14;
Thence south-westerly along the easterly bounds of Parcel 9455-20 to its intersection with the eastern corner of Parcel 9455-18.9;
Thence westerly along the southerly bounds of Parcel 9455-27 to its intersection with the easterly bounds of Parcel 9455-17;
Thence northerly along the westerly bounds of Parcel 9455-27 to its intersection with the southerly bounds of Parcel 9455-26;
Thence westerly along the southerly bounds of Parcel 9455-26 to the south-easterly corner of Parcel 9455- 22;
Thence northerly and westerly along the easterly and northerly bounds of Parcel 9455-22 to its intersection with the easterly bounds of Lower Trinity Pass Road;
Thence northerly along the easterly bounds of Lower Trinity Pass Road to a point easterly of the southeasterly corner of Parcel 9320-65;
Thence crossing Lower Trinity Pass Road to said corner;
Thence westerly along the southerly bounds of Parcel 9320-65 to its intersection with the easterly bounds of Trinity Lane;
Thence north-westerly across Trinity Lane to the south-easterly corner of Parcel 9320-56;
Thence westerly, northerly and easterly along the bounds of Parcel 9320-56 to the south-westerly corner of Parcel 9320-58;
Thence north-easterly along the westerly bounds of Parcel 9320-58 to its intersection with the southerly bounds of Westchester Avenue;
Thence crossing Westchester Avenue to a point on the southerly bounds of Parcel 9454-7;
Thence from said point, westerly along the southern bounds of Parcels 9454-7, 9454-6, 9454-5, and 9454- 36 to the Point and Place of Beginning.
The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows:
Councilperson Schelling VOTING aye
Councilperson Boak VOTING aye
Councilperson Briggs VOTING aye
Supervisor Hansan VOTING aye
The order was thereupon declared duly adopted.
Dated at Pound Ridge, New York
July 3, 2024
Erin Trostle
Town Clerk
