TOWN OF VICTOR - ORDER PUBLIC HEARING - ESTABLISH THE 378 COUNTY ROAD 9 SEWER DISTRICT AND CONSOLIDATE IT INTO THE VICTOR CONSOLIDATED SEWER DISTRICT
WHEREAS, the Town Board of the Town of Victor (“the Town”) has received from John Billone Sr. a Consolidated Sewer District Extension Engineers Report containing, in part, a map, Short Form Environmental Assessment Form, and a proposed sewer extension plan (the “Report”) requesting an extension of the Town of Victor Consolidated Sewer District (the “Sewer District”) to include 4.0+/- acres of lands located on the west side of County Road 9 at the intersection of Cobble Creek Road, more specifically depicted on the map contained in the Report, the metes and bounds description of which is also set forth in the Report (the proposed extension to the Sewer District is hereinafter referred to as the “378 County Road 9 Sewer District”), all of which is available for public inspection at the Victor Town Clerk’s Office; and
WHEREAS, given the nature of the Report and the policy of the Town of Victor with respect to sewer districts, the Report has been converted to one for the proposed establishment and consolidation of the 378 County Road 9 Sewer District into the Sewer District; and
WHEREAS, simultaneous with its establishment, the Town of Victor will cause the 378 County Road 9 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 378 County Road 9 Sewer District comprise approximately 4.0+/- acres of lands located on the west side of County Road 9 at the intersection of Cobble Creek Road, more specifically depicted on a map, a part of the Report, the metes and bounds description of which is set forth in the Report referred to herein and available for public inspection at the Victor Town Clerk’s Office; and
WHEREAS, the proposed improvements include: Infrastructure, 6 inch PVC sanitary sewer extension; and
WHEREAS, the maximum amount proposed to be expended by the Town for the 378 County Road 9 Sewer District and associated improvements is the sum of zero dollars ($0.00), as the applicant will pay for the capital cost thereof; and
WHEREAS, since there will be no capital cost to the Town for the 378 County Road 9 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 378 County Road 9 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 378 County Road 9 Sewer District,” (hereinafter referred to as the “Agreement”) as accepted by the Victor Town Board on September 13, 2021; and
WHEREAS, a descriptive summary of the Agreement follows:
The current Town of Victor Consolidated Sewer District and the 378 County Road 9 Sewer District (as proposed and described in the MPR referred to herein) will be consolidated so that the area and infrastructure of the 378 County Road 9 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 378 County Road 9 Sewer District is fully established in compliance with NY Town Law; and
WHEREAS, after establishment and consolidation into the Victor Consolidated Sewer District, the capital cost to the typical residential property will be approximately One Hundred Thirteen dollars and Fifty Seven cents ($113.57), annually, and the capital cost to the typical commercial property will be approximately Eight Hundred Thirty dollars and Fifty Nine cents ($830.59), 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 378 County Road 9 Sewer District) will be in accordance with the formula established by the Town Board as set forth in Chapter 162 of the Victor Town Code, 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 Chapter 162; and
WHEREAS, a hook-up fee will be charged in accordance with Chapter 162 of the Victor Town Code; and
WHEREAS, the Report describing the 378 County Road 9, and the Agreement, are both on file in the office of the Town Clerk where they are available for public inspection; now, therefore be it
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 October, 2021, at 7:00 p.m. for the purpose of conducting a public hearing on the proposal to create the 378 County Road 9 Sewer District as well as the simultaneous consolidation of the 378 County Road 9 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 be it 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: October 13, 2021 Karen C. Bodine, Town Clerk