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The original item was published from 5/15/2013 10:26:08 AM to 5/29/2013 12:05:01 AM.

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Public Hearing Notices & Public Notices

Posted on: May 15, 2013

[ARCHIVED] Town Order for Public Hearing-To Establish The "East Victor Park Sewer District"

CORRECTED PUBLIC HEARING DATE
ORDER FOR PUBLIC HEARING TO ESTABLISH THE “EAST VICTOR PARK SEWER DISTRICT” AND CONSOLIDATE IT INTO THE VICTOR CONSOLIDATED SEWER DISTRICT

WHEREAS, the Town Board of the Town of Victor (“the Town”) has received a petition (the “Petition”) from Difelice Development (the “Petitioner”) requesting an extension to the Town of Victor Consolidated Sewer District (the “Sewer District”) into the East Victor Park subdivision (the “East Victor Park Sewer District”); and

WHEREAS, on or about March 5, 2013, the Petitioner duly caused to be filed a map, plan and report for the East Victor Park Sewer District (the details thereof which are available at the Town Clerk’s Office in the Sanitary District Extension Report for East Victor Park [the “MPR”], dated January, 2013 and prepared by Parrone Engineering), in the office of the Town Clerk of the Town of Victor; and

WHEREAS, given the nature of the Petition and the policy of the Town of Victor with respect to sewer districts, the Petition has been converted into one for the establishment and consolidation of the East Victor Park Sewer District into the Victor Consolidated Sewer District; and

WHEREAS, simultaneous with its establishment, the Town of Victor will cause the East Victor Park Sewer District to be consolidated into the Town of Victor Consolidated Sewer District, so as to eliminate the additional administrative burden and costs associated with the operation of multiple sewer districts; and

WHEREAS, the boundaries of the proposed East Victor Park Sewer District are as follows:
A 16.23 +/- acre site comprised of multiple parcels, located along the south side of Anthony Road, adjacent to the intersection of Anthony Road and NYS Route 96 in the Town of Victor, the metes and bounds description of which is set forth within the MPR referred to herein and available for public inspection at the Victor Town Clerk’s Office; and

WHEREAS, the proposed improvements include: Infrastructure, including sewer mains, a manhole, etc., all as described the MPR referred to herein. This infrastructure has an estimated replacement value of approximately $37,925.00; and

WHEREAS, the maximum amount proposed to be expended by the Town for the East Victor Park Sewer District and associated improvements is the sum of zero dollars ($0.00), as the Petitioner will pay for the capital cost thereof; and

WHEREAS, since there will be no capital cost to the Town for the East Victor Park Sewer District, no financing will be employed and it is therefore not necessary to obtain the approval of the New York State Comptroller’s Office; and

WHEREAS, simultaneous with the establishment of the East Victor Park Sewer District, it shall be consolidated into the Victor Consolidated Sewer District as more fully described in the “Proposed Joint Consolidation Agreement for the Town of Victor Consolidated Sewer District and the East Victor Park Sewer District,” (the “Agreement”) previously adopted by the Victor Town Board; and

WHEREAS, a descriptive summary of the Agreement follows:

The Victor Town Board, acting jointly as the governing body of the Town of Victor Consolidated Sewer District as well as the governing body of the proposed East Victor Park Sewer District (the details thereof which are available at the Town Clerk’s Office in the Sanitary District Extension Report for East Victor Park [the “MPR”], dated January, 2013 and prepared by Parrone Engineering), sets forth the following terms which constitute the Proposed Joint Consolidation Agreement between the Victor Consolidated Sewer District and the East Victor Park Sewer District, as required by Town Law Article 17-A:

The current Town of Victor Consolidated Sewer District and the East Victor Park Sewer District (as proposed and described in the MPR referred to herein) will be consolidated so that the area and infrastructure of the East Victor Park Sewer District is added and consolidated into the Victor Consolidated Sewer District. The consolidation will eliminate the annual need for additional expenses in the administrative oversight of multiple sewer districts. The existing debt of the Victor Consolidated Sewer District will be spread across the newly consolidated Victor Consolidated Sewer District. This consolidation will not be effective unless and until East Victor Park Sewer District is fully established in compliance with NY Town Law.

WHEREAS, after establishment and consolidation into the Victor Consolidated Sewer District, the capital cost to the typical residential property will be approximately $105.24, annually, and the capital cost to the typical commercial property will be approximately $599.25, annually, and the capital cost to those properties added into the Town of Victor Consolidated Sewer District by operation of this action (i.e., those properties within the area formerly referred to as East Victor Park Sewer District) will be in accordance with the formula established by the Town Board as set forth in the Victor Town Code at Chapter 162, and this action will not significantly change the costs for residential or commercial properties; and

WHEREAS, maintenance and operation charges will be calculated as more specifically set forth in the Victor Town Code at Chapter 162; and

WHEREAS, a hook-up fee will be charged in accordance with Chapter 162 of the Victor Town Code; and

WHEREAS, the MPR describing the East Victor Park Sewer District, and the Agreement, are both on file in the office of the Town Clerk where they are available for public inspection; now, therefore it is

ORDERED and RESOLVED, that, pursuant to Article 12 of the Town Law, the Town Board of the Town of Victor, shall meet at the Town Hall, 85 East Main Street, Victor, New York, on the 28th day of May, 2013, at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to create the East Victor Park Sewer District and on the environmental impact, if any, thereof, as well as the simultaneous consolidation of the East Victor Park District into the Town of Victor Consolidated Sewer District, at which time and place all persons interested in the subjects thereof may be heard; and it is further

ORDERED and RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to duly publish and post a copy of this Order in the official Town newspaper, on the bulletin board in the office of said Town Clerk, and on the Town website not less than ten (10) days before and not more than twenty (20) days before the public hearing date as is required by Town Law and complete or arrange for the securing of Affidavits of Publication of Notice and Affidavits of Posting Notice of Public Hearing.

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