Last updated on March 27, 2025
LEGAL NOTICE OF ADOPTION OF ORDER CALLING A PUBLIC HEARING ON THE PROPOSED INCREASE IN THE MAXIMUM AMOUNT TO EXPENDED FOR THE ESTABLISHMENT OF WATER DISTRICT NO. 8 IN THE TOWN OF FAYETTE
PLEASE TAKE NOTICE that the Town of Fayette, Seneca County, New York on the 23rd day of January, 2025, duly adopted the Order published herewith calling a Public Hearing on the proposed increase in the maximum amount to be expended for the establishment of Water District #8 in said Town. The public hearing will be held at the Fayette Fire Department, 4200 NYS Route 414, in the Town of Fayette, New York on February 20, 2025 at 6:00 PM., prevailing time. By order of the Fayette Town Board; Patti Nogle, Fayette Town Clerk.
Patti Nogle
/S/ Fayette Town Clerk
At a special meeting of the Town Board of the Town of Fayette, Seneca County, New York, held at the Town Hall, in Waterloo, New York, in said Town, on the 23rd day of January, 2025, at 8:00 o’clock A.M., Prevailing Time.
_____________JEFF TROUT__________________
Supervisor
_____________TOM MURRAY________________
Councilman
_____________JENN SALONE________________
Councilman
_____________COREEN LOWRY______________
Councilman
___________________________________________
Councilman
| In The Matter Of The Establishment of a proposed increase in the maximum amount to be expended for the establishment for Water District No. 8 in the Town of Fayette, Seneca County. | ORDER CALLING PUBLIC HEARING |
WHEREAS, the Town of Fayette will issue its municipal bonds and/or bond anticipation notes to finance a portion of the Water District #8 project with amounts required for debt service to be apportioned among individual properties which will be benefited by the project hereinafter described, and
WHEREAS, the Town of Fayette has heretofore created the water district known as the Town of Fayette Water District No. 8, and
WHEREAS, the project was previously determined to be a “Type I Action” pursuant to the regulations of the New York Department of Environmental Conservation pursuant to State Environmental Quality Review Act (“SEQRA”), the implementation of which as proposed, as the Town Board determined, will not result in significant adverse environmental impact, and
WHEREAS, project planning and engineering design for Water District #8 was originally carried out by McCormick Engineering P.C. of Geneva, New York. A Map and Plan for Water District No. 8 were included in the Engineering Report titled Fayette Water District No. 8 dated September 2020, revised October 27, 2020, to be completed in two (2) phases, and
WHEREAS, The Town of Fayette Water District No. 8 was formed in 2023 (the “Water District”) to provide access to public drinking water to homes and businesses in the southern and western ends of the Town. Project planning and engineering design for this Phase 1 of the new water district was originally carried out by McCormick Engineering P.C. of Geneva, New York. Project Planning and conceptual design was also completed for Phase 2 by McCormick Engineering PC. The construction of the new distribution system was planned to be carried out in 2 phases, and to reduce capital expense the water mains and appurtenances would be constructed by the Town’s forces with assistance from subcontractors to handle excavation and other equipment. Directional Drilling work will be bid out as separate contract, and
WHEREAS, Phase 1 construction began in 2023 and was completed in 2024. Phase I resulted in installation of water mains along portions of Yost Road, Leader Road, and Poorman Road, and is now supplied through a connection to Town of Fayette Water District No. 5. This in turn supplied by the Seneca County Water District No. 1, which is supplied by the Village of Waterloo via connections through the Town of Romulus and Varick, and
WHEREAS, in 2024 MRB Group was selected to prepare a further Engineering Report (“PER”) for Phase 2 and to continue with design for this phase. The report has been prepared to apply for funding from the New York State Environmental Facilities Corporation’s Water Infrastructure Improvement Act grant program (NYS EFC WIIA), and the United States Department of Agriculture Rural Development Water & Wastewater Loan & Grant Program (USDA RD), and
WHEREAS, Phase 2 of the project includes construction of a new booster pumping station near the Village of Waterloo’s Rose Hill Water Storage Tank, and completion of Water District No. 8’s distribution system which is to be comprised of 8-inch and 12-inch High Density Polyethylene (HDPE) water mains. Fire hydrants will be placed at 600-foot intervals along the water mains and at road intersections, and isolation valves will be placed at approximately 1,200-foot intervals along the water main. In total, 249 Equivalent Dwelling Unites (EDUs) are included in Water District No. 8 (Phase 1 and 2). Phase 1 construction was completed at a cost of $1,228,000. Pursuant to the analysis outlined in the Map, Plan and Report, the cost of Phase 2 will be $7,514,000. Therefore, the total cost to complete Water District No. 8 (Phases 1 and 2) is $8,742,000. If Phase 2 project costs are funded by a 60% grant from EFC, and the balance of all projects costs are financed by a USDA RD market rate loan, the expected first year cost for a typical user in Water District No. 8 will be $1,234, and
WHEREAS, In July and August 2024, twenty-one (21) wells were sampled at various locations of Water District No. 8 Phase 2, and tested by the Village of Waterloo Environmental Lab. Eleven (11) tested positive for the presence of coliform contaminants, with five (5) of the tests demonstrating the presence of E. coli. The wells tested are a representative sample of the proposed district; it is reasonable to assume that other wells in the area may be in similar situation, and therefore unsuitable for potable water, and
WHEREAS, the PER has been prepared to meet the requirements of the United States Department of Agriculture (USDA) Rural Utilities Service Bulletin 1780-2, and the New York State Environmental Facilities Corporation (EFC) Engineering Report Outline for New York State Assisted Drinking Water Infrastructure Projects, and
WHEREAS, the original Map, Plan and Report and revised Map, Plan and Report were filed in the Town of Fayette Clerk’s Office and are available for public inspection, and
WHEREAS, the original together with the revised Map, Plan and Report delineates the boundaries of the Water District, a general plan of the water district, a report of the Water District and method of operation, and
WHEREAS, the Water District was duly and properly formed, and
WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk and as part of the original Map, Plan and Report, which “typical property” is a one or two family home, and
WHEREAS, the Town of Fayette believes that this is an important Project, and
WHEREAS, the costs to the typical property will exceed the State Comptroller’s Office threshold for the average estimated cost of a water district to a typical property and will require approval of the New York State Comptroller, and
WHEREAS, the Town Board wishes to increase the maximum amount to be expended for Water District No. 8 from $2,525,000 to $8,742,000 in accordance with Section 209-H of the Town Law Article 12-A,
NOW, THEREFORE, IT IS ORDERED,
1. The boundaries of the Water District have not changed and are shown on the Project Location Map included with the revised Map, Plan and Report on file with the Town Clerk’s Office. The benefited properties proposed to be a part of the Water District are set forth in “Exhibit A” attached hereto.
2. All proposed improvements shall be installed and paid for as described in the revised Map, Plan and Report (including the cost payable to the Town at the time of initial hook-up) and shall be constructed and installed in full accordance with Town of Fayette specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision.
3. The typical cost for the typical property amount proposed to be expended for these improvements is increased from $912 to $1,234. As described in paragraph 5 below, the maximum amount to be expended is increased from $2,525,000 to $8,742,000.
4. A detailed explanation of how the proposed estimated cost of the Water District to the typical property, and, if different, the typical one or two family home was computed is included in the Map, Plan and Report which is on file with the Town Clerk and available for public inspection.
5. The proposed method of financing the total cost of the Project includes the following:
A. The project’s affordability hinges on securing grant funds; without which the project may not proceed as planned. Capital and debt costs will be apportioned among the District’s Equivalent Dwelling Units (EDUs). Financing will involve a bond resolution and the use of Bond Anticipation Notes (BANs). With repayment through a permanent bond assessed to district properties post-completion. The final financing amount will be adjusted based on the received grant funds, and the actual construction costs.
B. Proposed financing for the project has been developed based on the following assumptions:
- Total project cost for Phase 2 is estimated at $7,514,000.
- The project appears to qualify for EFC WIIA Grant funding and USDA loan financing. Grant amounts and financing are subject to final determination from the funding agency, but are estimated to be a 60% grant (only Phase 2 costs are eligible) from EFC and a 38-year loan at a 4.0% interest rate (subject to change) from USDA.
- Debt service will be apportioned on a per EDU basis, with 249 EDU’s total.
- Total project cost for Phase 1 is $1,228,000.
6. A meeting of the Town Board of the Town of Fayette, Seneca County, New York, shall be held at the Fayette Fire Department, located at 4200 NYS Route 414, in the Town of Fayette, New York, on February 20, 2025, at 6:00 o’clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider an increase in cost of the maximum amount to be expended for Water District No. 8 of the Town of Fayette, and the improvements proposed therefor, the boundaries hereof being as set forth in Exhibit “A” hereto, the method of assessment therein, and to consider the revised 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. If, after said public hearing and deliberation, the Town Board decides to proceed with the increase in cost to the project as outlined herein, the Order will be subject to permissive referendum and approval by the Office of the New York State Comptroller.
7. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in the official newspaper(s) 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 sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and on the website of the Town not less than ten (10) nor more than twenty (20) days before the day set for the hearing as aforesaid.
Section 3. This Order shall take effect immediately. The vote was taken by roll call, which resulted as follows
________JEFF TROUT________________ VOTING _yes____
________COREEN LOWRY___________ VOTING _yes____
________TOM MURRAY_____________ VOTING __yes___
________JENN SALONE_____________ VOTING __yes___
___________________________________ VOTING ________
The resolution was thereupon declared duly adopted.
* * * * *
Exhibit “A”
Boundaries of
Water District No. 8 of the
Town of Fayette, Seneca County, New York
PROPOSED TOWN OF FAYETTE WATER DISTRICT
Legal Description
Beginning at a point, said point being 500 feet west of the intersection of the existing centerline of Leader Road and the existing centerline of New York State Route 414, said point lies on the boundary of Fayette Water District No 5 in the Town of Fayette, County of Seneca, State of New York;
thence northerly a distance of 500 feet more or less to a point, said point being on a line parallel to and 500 feet more or less north of the existing centerline of Leader Road;
thence westerly a distance of 24,100 feet more or less along said line which is parallel to and 500 feet more or less north of the existing centerline of Leader Road to its intersection with a line parallel to and 500 feet more or less east of the existing centerline of NYS Route 96A;
thence northerly a distance of 10,900 feet more or less along said line which is parallel to and 500 feet more or less east of the existing centerline of NYS Route 96A, to its intersection with a line which is parallel to and 500 feet more or less north of the intersection of the existing centerline of NYS Route 96A and the existing centerline of Kime Road;
thence westerly a distance of 5,900 feet more or less along said line which is parallel to and 500 feet more or less north of the existing centerline of Kime Road to its intersection with a line which is parallel to and 500 feet more or less east of the existing centerline of East Lake Road;
thence northerly a distance of 2,000 feet more or less along said line which is parallel to and 500 feet more or less east of the existing centerline of East Lake Road;
thence westerly a distance of 1,000 feet more or less to a point, said point being on a line parallel to and 500 feet more or less west of the existing centerline of East Lake Road;
thence southerly a distance of 13,000 feet more or less along said line which is parallel to and 500 feet more or less west of the existing centerline of East Lake Road to its intersection with a line parallel to and 500 feet more or less south of the existing centerline of Lerch Road;
thence easterly a distance of 8,600 feet more or less along said line which is parallel to and 500 feet more or less south of the existing centerline of Lerch Road said point being the intersection of said line which is parallel to and 500 feet more or less south of the existing centerline of Lerch Road and the existing centerline of NYS Route 96A;
thence easterly from said point, a distance of 5,300 feet more or less along said line which is parallel to and 500 feet more or less south of the existing centerline of Leader Road to its intersection with a line parallel to and 500 feet more or less west of the existing centerline of MacDougal Road;
thence southerly a distance of 2,900 feet more or less along said line which is parallel to and 500 feet more or less west of the existing centerline of MacDougal Road to a point, said point also lies on the boundary of Fayette Water District No 5;
thence westerly a distance of 1,000 feet more or less to a point, said point being on a line parallel to and 500 feet more or less east of the existing centerline of MacDougal Road, said point also lies on the boundary of Fayette Water District No 5;
thence northerly a distance of 2,900 feet more or less along said line which is parallel to and 500 feet more or less east of the existing centerline of MacDougal Road to its intersection with a line parallel to and 500 feet more or less south of the existing centerline of Leader Road;
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PROPOSED TOWN OF FAYETTE WATER DISTRICT
Legal Description
thence easterly from said point, a distance of 10,900 feet more or less along said line which is parallel to and 500 feet more or less south of the existing centerline of Leader Road to its intersection with a line parallel to and 500 feet more or less west of the existing centerline of Yost Road;
thence northerly a distance of 4,200 feet more or less along said line which is parallel to and 500 feet more or less west of the existing centerline of Yost Road to its intersection with a line parallel to and 500 feet more or less south of the existing centerline of NYS Route 336, said point also lies on the boundary of Fayette Water District No 5;
thence easterly a distance of 1,000 feet more or less to a point, said point being on a line parallel to and 500 feet more or less east of the existing centerline of Yost Road, said point also lies on the boundary of Fayette Water District No 5;
thence northerly a distance of 2,300 feet more or less along said line which is parallel to and 500 feet more or less east of the existing centerline of Yost Road to its intersection with a line parallel to and 500 feet more or less south of the existing centerline of Poorman,
thence easterly a distance of 6,500 feet more or less along said line which is parallel to and 500 feet more or less south of the existing centerline of Poorman Road to a point 800 feet more or less from the intersection of said line which is parallel to and 500 feet more or less south of the existing centerline of Poorman Road and the existing centerline of NYS Route 414, said point also lies on the boundary of Fayette Water District No 5;
thence northerly a distance of 1,000 feet more or less to a point, said point being on a line parallel to and 500 feet more or less north of the existing centerline of Poorman Road, said point also lies on the boundary of Fayette Water District No 5;
thence westerly a distance of 6,500 feet more or less along said line which is parallel to and 500 feet more or less north of the existing centerline of Poorman Road to its intersection with a line parallel to and 500 feet more or less east of the existing centerline of Yost Road;
thence northerly a distance of 900 feet more or less along said line which is parallel to and 500 feet more or less east of the existing centerline of Yost Road to its intersection with a line parallel to and 500 feet more or less south of the existing centerline of Leader Road;
thence easterly a distance of 6,900 feet more or less along said line which is parallel to and 500 feet more or less south of the existing centerline of Leader Road to its intersection with a line parallel to and 500 feet more or less west of the existing centerline of NYS Route 414, said point also lies on the boundary of Fayette Water District No 5;
thence northerly a distance of 500 feet more or less along said line which is parallel to and 500 feet more or less west of the existing centerline of NYS Route 414, to the point and place of beginning.
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