NOTICE OF ADOPTION OF ORDER CALLING A PUBLIC

HEARING ON ESTABLISHMENT OF VIENNA FAR EAST WATER

DISTRICT IN THE TOWN OF VIENNA

 

 

PLEASE TAKE NOTICE that the Town Board of the Town of Vienna, Oneida County,

 

New York, on the 6th day of November, 2024 duly adopted the Order published herewith calling

 

a Public Hearing.

 

 

Dated: Vienna, New York

November 6, 2024

 

/s/CAROL HUBER, Vienna Town Clerk

 

 

 

At a regular meeting of the Town Board of

the Town of Vienna, Oneida County, New

York, held at the Town Hall, 2083 NYS

Route 49, North Bay, New York, on the 6th

day of November, 2024, at 7:00 p.m.

 

PRESENT:

 

MICHAEL M. DAVIS, SR., Town Supervisor

JASON H. SPELLICY, Councilperson/Deputy Supervisor

JASON LAMB, Councilperson

DARRIN SMITH, Councilperson

MARY BETH McEWEN, Councilperson

_________________________________________

 

In the Matter of

 

The Establishment of VIENNA FAR EAST ORDER CALLING

WATER DISTRICT in the Town of Vienna, PUBLIC HEARING

Oneida County, New York

__________________________________________

 

WHEREAS, a written petition has been duly filed with the Town Board of the Town of Vienna, Oneida County, New York in relation to the establishment of a proposed water district to be known as the Vienna Far East Water District in the Town of Vienna, Oneida County, New York (the “District”), pursuant to Article 12 of the Town Law, which petition, together with a Map, Plan and Report, including an estimate of cost, accompanying same have been filed in the office of the Town Clerk and are available for public inspection; and

WHEREAS, said Map, Plan and Report, including an estimate of the cost, were prepared by BCA Architects & Engineers, duly licensed engineers by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any persons interested in the subject matter thereof; and

WHEREAS, the boundaries of said District shall be as described in “Exhibit A” attached hereto and hereby incorporated herein; and

WHEREAS, the capital improvements proposed for said District consist of the construction of a water distribution system which would connect the service areas to an adjacent water district owned and operated by Onondaga County Water Authority (OCWA), including watermains, water service laterals to the road right-of-way line, fire hydrants, and valves, all as more fully described in the Map, Plan and Report hereinbefore described; and

WHEREAS, the maximum estimated cost of said improvements is $9,925,000; and

WHEREAS, the proposed method of financing the cost of said improvements consists of the issuance of $9,925,000 serial bonds of said Town maturing in annual installments over a period not exceeding forty years, which will be payable in the first instance from the annual levy on all the taxable real property in said District deemed to be especially benefitted thereby in an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due and payable, such amount being expected to be reduced by federal and/or state grants in aid; and

WHEREAS, the estimated cost of hook-up fees to the typical property in said District, being a typical one or two family home, is $247.45; and

WHEREAS, the estimated cost of installation of a service line connection from the road right-of-way to the typical one or two family home in the District is $6,500 per 50 feet; and

WHEREAS, the estimated cost of said District to the typical property therein, being a typical one or two family home, is $1,080 in the first year in which operation, maintenance, debt service and other charges and expenses are to be paid; and

WHEREAS, a detailed explanation of the manner by which were computed said estimated costs of hook-up fees and first-year costs to the typical property has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject matter thereof; and

WHEREAS, said capital project for said District and the establishment thereof has been determined to be a Type 1 Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, the Town Board has determined will not result in any significant adverse environmental effect and SEQRA compliance documentation is available on file in the office of the Town Clerk where it may be inspected during normal office hours; and

WHEREAS, it is now desired to call a public hearing upon the question of the establishment of said District and the improvements proposed therefor, all pursuant to Section 193 of the Town Law;

NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Vienna, Oneida County, New York, as follows:

Section 1. A meeting of the Town Board of the Town of Vienna, Oneida County, New York, shall be held at the Vienna Town Hall, 2083 NYS Route 49, North Bay, New York, on the 4th day of December, 2024 at 7:05 p.m., for the purpose of holding a public hearing to consider the establishment of the District in said Town as described in the preambles hereof, to be known as the Vienna Far East Water District, the petition, and the improvements proposed therefor, and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises.

Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the official newspaper of said Town, the first publication thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid.

Section 3. This Order shall take effect immediately.

On motion of Councilman Smith and seconded by Councilwoman McEwen, the question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows:

Councilwoman McEwin VOTING Aye

Councilman Smith VOTING Aye

Councilman Spellicy VOTING Aye

Councilman Lamb VOTING Aye

Supervisor Davis VOTING Aye

 

The Resolution was thereupon declared duly adopted.

/s/Carol Huber, Town Clerk

Exhibit A

Boundaries of Proposed

Vienna Far East Water District of the

Town of Vienna, Oneida County, New York

 

ALL THAT TRACT or parcel of land situate in the Town of Vienna, County of Oneida, State of New York, and further described as follows:

 

AREA 1

BEGINNING at the margin of the southwesterly intersection of Oswego Road and Herder Road;

 

THENCE in a generally southerly direction along the westerly margin of Herder Road to its intersection with the northwesterly margin of Pine Road;

 

THENCE in a generally southwesterly direction along the northwesterly margin of Pine Road to its intersection with the westerly property line of Tax Map Parcel 201.000-2-16.17;

 

THENCE in a generally northerly direction along the westerly property line of Tax Map Parcel 201.000-2-16.17 to its intersection with the southerly property line of Tax Map Parcel 201.000-2-16.15;

 

THENCE in a generally southwesterly direction along the division line between Tax Map Parcel’s 201.000-2-16.15, 201.000-2-69, 201.000-2-16.7 and 201.000-2-72.8 on the northwest and Tax Map Parcel’s 201.000-2-16.6, 201.000-2-16.5, 201.000-2-70 and 201.000-2-71 on the southeast to the most northeasterly property corner of Tax Map Parcel 201.000-2-72.11;

 

THENCE in a generally westerly direction along the northerly property lines of Tax Map Parcel’s 201.000-2-72.11, 201.000-2-72.10, 201.000-2-72.9, 201.000-2-72.1 to the intersection of said northerly line with the southeasterly property line of Tax Map Parcel 201.000-1-24;

 

THENCE in a generally northeasterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-24 to its intersection with the southwesterly margin of Oswego Road;

 

THENCE in a generally northwesterly direction along the southwesterly margin of Oswego Road to its intersection with the southeasterly property line of Tax Map Parcel 201.000-1-26.3;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-26.3 to the southerly property corner of said Tax Map Parcel 201.000-1-26.3;

 

THENCE in a generally northwesterly direction along the southwesterly property line of Tax Map Parcels 201.000-1-26.3, 201.000-1-26.2, 201.000-1-26.5, and 201.000-1-26.4 to the most westerly property corner of Tax Map Parcel 201.000-1-26.4;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-27 to the most southerly corner of said Tax Map Parcel;

 

THENCE in a generally northwesterly, northeasterly, southeasterly, and northeasterly direction along the division line between Tax Map Parcel 201.000-1-27 and 201.000-1-29.1 to the intersection of the southwesterly property line of Tax Map Parcel 201.000-1-29.4;

 

THENCE in a generally northwesterly direction along the southwesterly property line of Tax Map Parcel 201.000-1-29.4 to its intersection with the southeasterly property line of Tax Map Parcel 201.000-1-29.2;

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-29.2 to the most southerly property corner of said parcel;

 

THENCE in a generally northwesterly direction along the southwesterly property line of Tax Map Parcel 201.000-1-29.2 to the most westerly corner of said parcel;

 

THENCE in a generally northeasterly direction along the northwesterly property line of Tax Map Parcel 201.000-1-29.2 to its intersection with the southwesterly road margin of Oswego Road;

 

THENCE in a generally northwesterly direction along the southwesterly margin of Oswego Road to its intersection with the southeasterly property line of Tax Map Parcel 201.000-1-28;

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-28 to the most southeasterly corner of said parcel;

 

THENCE in a generally northwesterly direction along the southwesterly property line of Tax Map Parcel 201.000-1-28 to its intersection with the southeasterly property line of Tax Map Parcel 201.000-1-29.3;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel 201.000-1-29.3 to the most southerly property corner of said parcel;

 

THENCE in a generally northwesterly direction along the southwesterly property line of Tax Map Parcel 201.000-1-29.3 to its intersection with the southeasterly property line of Tax Map Parcel 201.000-1-43.1;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel Number 201.000-1-43.1 to its intersection with the northeasterly property line of Tax Map Parcel 200.000-2-26.7;

 

THENCE in a generally northwesterly direction along the southwesterly property lines of Tax Map Parcel Number’s 201.000-1-43.1, 201.000-1-44, and 201.000-1-44.1 to the most westerly property corner of Tax Map Parcel Number 201.000-1-44.1;

 

THENCE in a generally northeasterly direction along the northwesterly property line of Tax Map Parcel Number 201.000-1-44.1 to its intersection with the most easterly property corner of Tax Map Parcel Number 200.000-2-25;

 

THENCE in a generally northwesterly, southwesterly and northwesterly direction along the division line between Tax Map Parcel Number 200.000-2-23.1 on the north and west and Tax Map Parcel Number 200.000-2-25 on the south and east to its intersection with the southeasterly property line of Tax Map Parcel Number 200.000-2-75.2;

 

THENCE in a generally southwesterly direction along the extension of southeasterly property line of Tax Map Parcel Number 200.000-2-75.2 crossing Tax Map Parcel Number 200.000-2-25 and continuing along the southeasterly property line of Tax Map Parcel Number 200.000-2-75.2 to its intersection with the northwesterly property line of Tax Map Parcel Number 200.000-2-76;

 

THENCE in a generally northwesterly direction along the northeasterly property line of Tax Map Parcel Number 200.000-2-76 to its intersection with the southeasterly margin of Deeley Road;

 

THENCE in a generally northeasterly direction along the southeasterly margin of Deeley Road to its intersection with the extension of the northeasterly margin of Powell Road;

 

THENCE in a generally northwesterly direction crossing Deeley Road and continuing along the northeasterly margin of Powell Road to its intersection with the northwesterly property line of Tax Map Parcel Number 200.000-2-13;

 

THENCE in a generally northeasterly direction along the northwesterly property lines of Tax Map Parcels 200.000-2-13 and 200.000-2-14.1 to the intersection with the northeasterly property line of Tax Map Parcel Number 200.000-2-3.3;

 

THENCE in a generally northwesterly direction along the northeasterly property line of Tax Map Parcel Number 200.000-2-3.3 to the easterly edge of a stream;

 

THENCE in a generally northeasterly and northwesterly direction along the easterly edge of the stream as it winds and turns to its intersection with the southerly margin of McConnellsville Road;

 

THENCE in a generally northeasterly direction along the centerline of the stream crossing McConnellsville Road to the northerly margin of McConnellsville Road;

THENCE in a generally easterly and northeasterly direction along the northerly margin of McConnellsville Road to its intersection with the northwesterly property line of Tax Map Parcel 184.000-1-1.3;

 

THENCE in a generally northeasterly direction along the northwesterly property line of Tax Map Parcel Number’s 184.000-1-1.3 and 184.000-1-1.4 to the intersection of said Tax Map Parcel Number 184.000-1-1.4 and the southerly edge of Fish Creek West Branch;

 

THENCE in a generally northeasterly, southeasterly, northeasterly, easterly, southeasterly, northeasterly and southeasterly direction along the edge of the Fish Creek West Branch as it winds and turns to its intersection with the northwesterly property line of Tax Map Parcel Number 184.000-1-27;

 

THENCE in a generally southwesterly and easterly direction along the northwesterly and southerly property lines of Tax Map Parcel Number 184.000-1-27 to its intersection with the westerly margin of Herder Road;

 

THENCE in a generally southerly direction along the westerly margin of Herder Road to its intersection with the northeasterly margin of Teelin Road;

 

THENCE in a generally southeasterly direction crossing Teelin Road and Herder Road to the southeasterly margin of the intersection of Teelin Road and Herder Road;

 

THENCE in a generally southeasterly direction along the southwesterly margin of Teelin Road to its intersection with the northwesterly property line of Tax Map Parcel Number 201.000-2-13.2;

 

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel Number 201.000-2-13.2 to the most westerly corner of said parcel;

 

THENCE in a generally southeasterly direction along the southwesterly property lines of Tax Map Parcel Number 201.000-2-13.2 and 201.000-2-14 to the most southeasterly property corner of Tax Map Parcel Number 201.000-2-14;

 

THENCE in a generally northeasterly direction along the southeasterly property line of Tax Map Parcel Number 201.000-2-14 to its intersection with the northwesterly property line of Tax Map Parcel Number 201.000-2-24.1;

 

THENCE in a generally southeasterly, southwesterly, and southeasterly direction along the division line between Tax Map Parcel Number 201.000-2-24.1 on the northeast and east and Tax Map Parcel Number 201.000-2-13.1 on the southwest and west to its intersection with the northerly property line of Tax Map Parcel Number 201.000-2-16.22;

 

THENCE in an easterly and southeasterly direction along the northerly and northeasterly property lines of Tax Map Parcel Number 201.000-2-16.22 to the most easterly property corner of said parcel;

 

THENCE in a southeasterly direction along the division line between Tax Map Parcel Number 201.000-2-16.20 on the southwest and Tax Map Parcel Number 201.000-2-24.1 on the northeast to the intersection with the northwesterly property line of Tax Map Parcel Number 201.000-2-22;

 

THENCE in a generally southwesterly direction along the northwesterly property line of Tax Map Parcel Number 201.000-2-22 to its intersection with the northerly property line of Tax Map Parcel Number 201.000-2-21;

 

THENCE in a generally westerly direction along the northerly property lines of Tax Map Parcel Numbers 201.000-2-21, 201.000-2-20, 201.000-2-19, and 201.000-2-18 to the northwesterly property corner of Tax Map Parcel Number 201.00-2-18;

THENCE in a generally southerly direction along the westerly property line of Tax Map Parcel Number 201.000-2-18 to its intersection with the northerly margin of Oswego Road;

 

THENCE in a generally westerly direction along the northerly margin of Oswego Road to its intersection with the northeasterly margin of Herder Road;

 

THENCE in a generally southwesterly direction crossing Herder Road and Oswego Road to the point of beginning.

CONTAINING 1,114 acres of land more or less.

 

IT BEING the intent to describe Area 1 of the Town of Vienna Far East Water District utilizing the Town of Vienna Tax Map Number 184.000, 200.000, 201.000 and said Tax Maps are filed in the Oneida County Tax Mapping Department.

 

IT ASLO BEING the intent to describe the area shown on District Formation Map Area - 1, Town of Vienna, Vienna Far East Water District prepared by Bernier Carr and Associates and dated March 14, 2023.

AREA 2

BEGINNING at the intersection of the of the southeasterly margin of Old State Route 49 and the southwesterly property line of Tax Map Parcel Number 218.000-1-58.3;

 

THENCE in a generally southwesterly direction along the southeasterly margin of Old State Route 49 to its intersection with the extension of the southwesterly property line of Tax Map Parcel Number 218.000-1-58.4;

 

THENCE in a generally northwesterly direction crossing Old State Route 49 along the extension of the of the southwesterly property line of Tax Map Parcel Number 218.000-1-58.4 and continuing along the southwesterly property line of said Tax Map Parcel Number to the most westerly corner of Tax Parcel Number 218.000-1-58.4;

 

THENCE in a generally northeasterly direction along the northwesterly property line of Tax Map Parcel Number 218.000-1-58.4 to its intersection with the southwesterly property line of Tax Map Parcel Number 219.000-2-24.5;

 

THENCE in a generally northwesterly direction along the division line between Tax Map Parcel Numbers 219.000-2-24.5, 219.000-2-24.4, 219.000-2-24.3 and 219.000-2-24.2 on the northeast and Tax Map Parcel Number 218.000-1-58.6 on the southwest to the intersection with the most easterly property line of Tax Parcel Number 218.000-1-53.1;

 

THENCE in a generally northeasterly direction along the northwesterly property lines of Tax Map Parcel Numbers 219.000-2-24.2 and 219.000-2-24.1 to the most southerly property corner of Tax Map Parcel Number 218.000-1-55;

 

THENCE in a generally northeasterly direction along the southeasterly property line of Tax Map Parcel Number 218.000-1-55 to its intersection with the westerly margin of Lewis Road;

 

THENCE in a generally easterly direction crossing Lewis Road to the intersection of the westerly margin of Lewis Road and the northerly property line of Tax Map Parcel Number 219.000-2-24.12, said northerly property line also being the southerly highway limits of New York State Route 49;

 

THENCE in an easterly and southeasterly direction along the southerly highway limits of New York State Route 49 and the northerly property line of Tax Map Parcel Number 219.000-2-24.12 to its intersection with the westerly property line of Tax Map Parcel Number 219.000-2-25;

THENCE in a generally southerly direction along the westerly property line of Tax Map Parcel Number 219.000-2-25 to the southwesterly corner of said parcel;

THENCE in a generally easterly direction along the southerly property line of Tax Map Parcel Number 219.000-2-25 to its intersection with the southwesterly property line of Tax Map Parcel Number 219.000-2-26.1;

 

THENCE in a generally southeasterly direction along division lines between Tax Map Parcel Numbers 219.000-2-26.1, 219.000-2-26.2 and 219.000-2-27 on the northeast and 219.000-2-24.12, 219.000-2-24.11, 219.000-2-24.10, 219.000-2-24.9 and 219.000-2-24.8 on the southwest to the most easterly corner of Tax Map Parcel Number 219.000-2-24.8;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel Number 219.000-2-24.8 to its intersection with the northeasterly property line of Tax Map Parcel Number 219.000-2-1.1;

 

THENCE in a generally southeasterly direction along the northeasterly property line of Tax Map Parcel Number 219.000-2-1.1 to the most easterly property corner of said Tax Map Parcel Number 219.000-2-1.1;

 

THENCE in a generally southwesterly direction along the southeasterly property line of Tax Map Parcel Number 219.000-2-1.1 to its intersection with the northwesterly margin of Old Route 49 and continuing along the extension of said southeasterly property line of Tax Map Parcel 219.000-2-1.1 crossing Old Route 49 to its intersection with the southeasterly margin;

 

THENCE in a generally southwesterly direction along the southeasterly margin of Old Route 49 to its intersection with the northeasterly property line of Tax Map Parcel Number 219.000-2-40;

 

THENCE in a generally southeasterly direction along the northeasterly property line of Tax Map Parcel Number 219.000-2-40 to its intersection with the northwesterly shoreline of Fish Creek;

 

THENCE in a generally southwesterly direction along the northwesterly shoreline of Fish Creek as it winds and turns to it its intersection with the southwesterly property line of Tax Map Parcel Number 218.000-1-58.3;

 

THENCE in a generally northwesterly direction along southwesterly property line of Tax Map Parcel Number 218.000-1-58.3 to the point of beginning.

CONTAINING 144 acres of land more or less.

 

IT BEING the intent to describe Area 2 of the Town of Vienna Far East Water District utilizing the Town of Vienna Tax Map Number 219.000 and 218.000 and said Tax Maps are filed in the Oneida County Tax Mapping Department.

 

IT ALSO BEING the intent to describe the area shown on District Formation Map - Area 2, Town of Vienna, Vienna Far East Water District prepared by Bernier Carr and Associates and dated March 14, 2023.

 

 

Bernier, Carr & Associates, P.C.

15 Public Square

Watertown, New York 13601