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The original item was published from 11/13/2013 11:46:02 AM to 11/26/2013 12:05:01 AM.

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Public Hearing Notices & Public Notices

Posted on: November 13, 2013

[ARCHIVED] Town Public Hearing-Establish "Heritage Packaging Sewer District"

ORDER FOR PUBLIC HEARING TO ESTABLISH THE “HERITAGE PACKAGING 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 Kenneth H. Hershey (the “Petitioner”) requesting an extension to the Town of Victor Consolidated Sewer District (the “Sewer District”) into a portion of the parcel at Tax Map # 6.00-1-58.11, also commonly known as the Heritage Packaging parcel (the location of the “Heritage Packaging Sewer District”); and

WHEREAS, on or about September 30, 2013 the Petitioner duly caused to be filed a map, plan and report for the Heritage Packaging Sewer Extension (entitled “Sanitary Sewer District Report” and referred to herein as the “MPR”) in the office of the Town Clerk of the Town of Victor; and

WHEREAS, the boundaries of the Heritage Packaging Sewer District are as follows: An 8.22 +/- acre site located on the west end of Fishers Run at Tax Map ID 6.00-1-58.11, the metes and bounds description of which is set forth at in the Sanitary Sewer District Report referred to herein and available for public inspection at the Victor Town Clerk’s Office; and

WHEREAS, the proposed improvements include sewer mains, etc., all as described in the MPR referred to herein;

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

WHEREAS, since there will be no capital cost to the Town for the Heritage Packaging 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 Heritage Packaging Sewer District, said Heritage Packaging Sewer District 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 Heritage Packaging Sewer District,” (the “Agreement”) adopted by the Victor Town Board on October 15, 2013; 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 Heritage Packaging Sewer District (the details thereof which are available at the Town Clerk’s Office in the “Sanitary Sewer District Report” for the “Heritage Packaging, Proposed Building, Fishers Run”, dated July, 2013 and prepared by MRB Group), sets forth the following terms which constitute the Proposed Joint Consolidation Agreement between the Victor Consolidated Sewer District and the Heritage Packaging Sewer District, as required by Town Law Article 17-A:

The current Town of Victor Consolidated Sewer District and the Heritage Packaging Sewer District (as proposed and described in the Report referred to herein) will be consolidated so that the area and infrastructure of the Heritage Packaging 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 the Heritage Packaging 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 $85.71, annually, and the capital cost to the typical commercial property will be approximately $432.57, 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 the Heritage Packaging 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 and charged 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 Heritage Packaging 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 25th day of November, 2013, at 7:30 p.m. for the purpose of conducting a public hearing on the proposal to create the Heritage Packaging Sewer District and on the environmental impact, if any, thereof, as well as the simultaneous consolidation of the Heritage Packaging Sewer 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.

Dated: November 13, 2013
Debra J. Denz, Town Clerk

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