Press release:

Officials at Genesee/Orleans Council on Alcoholism and Substance Abuse have expanded the qualification criteria of the nonprofit agency’s annual Foundation scholarships.

GCASA Chief Executive Officer John Bennett has announced that four $1,000 scholarships will be awarded in May to students enrolled in schools or colleges located in Genesee and Orleans counties.

“The major change is that now students enrolled in a Genesee County or Orleans County school can apply for the scholarship even if their primary residence is in a different county,” Bennett said. “Previously, the scholarship eligibility stipulated that the high school students had to live in Genesee or Orleans.”

While one scholarship will go to a student in Genesee and another to a student in Orleans, the other two scholarships will go to a technical/trade school student and an adult student pursuing a bachelor’s and master’s degree who will be attending college in the fall of this year.

Bennett said the GCASA Foundation was established to support the work of GCASA and other human service agencies who are working to improve community health.

“The board of directors of both GCASA and GCASA Foundation are committed to providing quality services,” he added. “Educated, skilled employees and board members are the necessary ingredients for effective service delivery systems in the behavioral health field.”

Applications are available on the GCASA website – www.gcasa.org – or can be obtained by contacting Diane Klos at Diane Klos at 585-815-1883 or dklos@gcasa.org. Completed applications must be received via email or postmarked by 3/10/2023.

Other pertinent scholarship information is as follows:

• Applicant must be accepted at an accredited college or university and enrolled in or matriculated in an eligible program/major.

• Eligible programs or majors include: Social Work, Nursing, Health Science, Mental Health Counseling, Psychology, or Human Services.

• Current GCASA employees, board members and GCASA Foundation board members are NOT eligible.

• Relatives of GCASA employees, board members and GCASA Foundation board members ARE eligible.

• Applicant must provide academic history such as high school and/or college transcripts.

• Applicant must provide two letters of recommendation from someone who knows the applicant’s work/volunteer/academic history. Letters from relatives will not be accepted.

• Applicant must provide a resume or personal biography including work history, volunteer experiences, and extra-curricular activities.

• Applicant must provide an essay that addresses educational and employment objectives as they relate to the mission of GCASA. Financial need, volunteerism, employment history and civic involvement will be given careful consideration.

• The scholarship recipient will be announced at GCASA’s annual membership meeting in May 2023 upon verification of acceptance into an accredited college or university.

• The scholarship monies will be awarded upon completion of the fall semester. The award recipient must provide a copy of their transcript demonstrating at least a 2.0 GPA.

• Applicant may be invited for an interview before final awards are made.

A Monroe County man injured in a motorcycle accident at 1:30 a.m. on Aug. 9, 2021, is suing the Town of Batavia, alleging that a sign on Batavia Stafford Townline Road was pointing in the wrong direction causing him to misread a curve in the roadway.

Daniel W. Felix, Sr., is claiming he sustained significant injuries as a result of the crash.

Attorneys for the Town of Batavia have filed a response denying many of the allegations in the lawsuit.

According to the suit, filed in June, Felix was directed to the right by a road chevron sign when the road actually curved left.

The suit states, "The improper and unsafe right-facing road chevron sign existed for a sufficient period of time prior to the crash to serve as actual and/or implied constructive notice of the defect which existed through negligence, carelessness, and recklessness."

The suit does not state for how long a period of time the plaintiff believes the chevron pointed in the wrong direction.

The suit also states that double yellow lines also indicated he needed to move further to the right on a left curve, "causing him to exit off the road to the right with his motorcycle."

Felix is represented by C. Daniel McGillicuddy of Williamsville.

The town's answer was filed by Michael P. McLaren and Peter L. Powers, of Buffalo.

In the response, the town "explicitly denies any negligence, culpable conduct, or liability."

The filing advances a number of defenses.  Some of them are technical in nature.

Among them:

• "Pursuant to applicable statutes, ordinances, rules and/or regulations, the Town of Batavia is liable only if, prior to the alleged incident complained of, the Town of Batavia received written notice of the alleged effect proximately causing the alleged injuries to the Plaintiff. No such written notice was ever received by the Town of Batavia."
• "The condition of the area at issue was the result of certain various municipal planning decisions, thereby providing the Town of Batavia with immunity from suit and/or liability."
• "Upon information and belief, Plaintiff's alleged injuries and damages were caused in whole or in part by his own negligence, carelessness, or want of care."
• "Plaintiff crashed his vehicle in the Town of Stafford, outside the jurisdictional limits of the Town of Batavia; therefore, Plaintiff fails to state a cause of action upon which relief can be granted against the Town of Batavia." 

The attorneys call upon the court to either dismiss the case entirely or reduce the Plaintiff's damages if any.  The town also asks to recover its attorney fees if it prevails.

The County, Town of Stafford and Town of Elba were all originally named as codefendants, but the action against those agencies was discontinued by stipulation last month.

The Town of Pembroke passed a resolution at its meeting last week supporting a bill authored by Assemblyman Steve Hawley that would allow online-only news sites to publish legal notices.

Currently, any legal notice or public notice, published by an online-only news outlet doesn't meet the statutory requirements for properly letting the public know about a variety of actions taken by public agencies.  There are a number of potential actions by a government agency, such as announcing a public hearing on a specific topic, that must be published in a printed newspaper in order for that statutory requirement to be met.

The resolution passed by the Town Board states:

WHEREAS the Town of Pembroke has had ongoing issues with advertising in the Batavia Daily News and

WHEREAS the Pembroke Town Board believes that Johnson Newspaper Corporation / New York Press Service does not understand the legal ramifications of prompt advertising according to New York State Laws and deadlines and

WHEREAS the Pembroke Town Board believes that it is unfair to only allow for advertising in a printed, paid publication because it limits notices to only those residents that pay for that service; NOW, THEREFORE, BE IT

RESOLVED that the Town Board of the Town of Pembroke supports Assembly Bill A2040 Sponsored by Assemblyman Steve Hawley which would allow for online publication of public notices.

The bill is AB 2067 and changes one of the statutes governing legal notice to read:

§ 40-a. Public notices and publications.  Subject to the provisions of subdivision two of this section and notwithstanding any provision of law to the contrary, in any case in which notice of any fact is required by law to be published or advertised in a newspaper, in addition such requirement shall be satisfied by publication of the notice in an online news publication that:

a. provides general interest news on a daily basis to a defined geographic location; and

b. has been continuously published for at least one year prior to the date of publication of the notice. 1

2. Any publication made pursuant to the terms of this section shall be subject to all requirements and stipulations of publication imposed by law or by order of a court of competent jurisdiction with regard to the notice, with the exception of a requirement that the notice is published in a newspaper.
 

Hawley has introduced his or a similar bill every year for at least a decade. Newspaper owners have lobbied against any change in the law in order to protect their legal notice monopoly. As a result, even with bi-partisan support in some years, the bill has never made it out of the governmental administration committee.

New York's General Construction Law Section 50  currently defines "newspaper" as only a printed publication.  

A change in the law would also allow government agencies to designate online-only publications as the publication of records for the jurisdiction.

St. Paul Lutheran School has been celebrating "School Week" this week.

Events started Sunday, when students sang at the 10 a.m service. 

On Monday, they participated in a Read-A-Thon. Children dressed as book characters.

Tuesday was Planetarium Day at the Williamsville North High School, for K-6. The children were invited to wear "silly socks."  They enjoyed an African Drum Circle at the school.

Wednesday was Pastor's Day, and the children were asked to wear their Sunday Best to school

Today is Agriculture in Education Day and tomorrow is Mancuso Family Bowling Day. 

Submitted information and photos.

Press release:

The Oakfield Republican Committee is looking for candidates to fill the following positions. All are for four (4) year terms:

• Superintendent of Highways
• Town Clerk
• Councilpersons (2)

Interested persons should submit their letter of interest to:

Melissa M. Haacke, Secretary ORC 19 Bennett Ave. Oakfield, NY 14125, No later than, Feb. 8.

The Republican Committee meeting is at 6:30 p.m. Feb 9, at the Oakfield Community & Government Center, 3219 Drake St., Oakfield.

A U.S. Magistrate on Wednesday upheld a motion by David Bellavia to remove him as a codefendant in a lawsuit filed by his ex-wife alleging a conspiracy to effect a false arrest by officials in Orleans County in January 2021.

In his ruling, Magistrate Jeremiah J. McCarthy states that Nathan McMurray, the attorney for Deanna King, failed to make the case in his complaint filed with the court that King's arrest in the Town of Ridgeway lacked probable cause.

McCarthy said the complaint lacked the facts necessary to substantiate an arrest without probable cause.

The written opinion is a recommendation by McCarthy to the presiding federal judge, John L. Sinatra, who will issue a final ruling. 

King, according to documents filed in Federal Court, was arrested in January 2021 while she and Bellavia were in the midst of a contested divorce.  The case was eventually sealed by a justice in the Town of Ridgeway, and the final disposition of the case has not been publicly disclosed.

Bellavia, a former Batavia resident, was bestowed the Medal of Honor by President Donald Trump in 2019.  King is a Batavia resident and a broadcast personality in Rochester.

McMurray unsuccessfully ran for Congress three times, seeking a seat that would have included Genesee County. He is currently an attorney associated with Advocates for Justice Chartered Attorneys, based in New York City. He has represented George Maziarz in a lawsuit against Batavia Downs that was eventually dropped. He is also the attorney of record in a lawsuit against the Town of Irondequoit that was recently dismissed. He's reportedly also threatened the Veterans Administration with a lawsuit related to the Route 77 intersection next to the WNY National Cemetery in Pembroke.

In the initial claim written by McMurray on King's behalf, Bellavia is accused of threatening to have King arrested as part of an ongoing communication during their divorce proceedings.  Bellavia was, according to the suit, upset with King because of social media posts.  It alleges that Bellavia "followed through" on his threat by contacting a friend and political ally who works for the major crimes unit of the District Attorney's Office to effect King's arrest.

King claims that Corey Black called her at her home in January 2021 and informed her there was a warrant for her arrest. 

There is no publicly available information on the warrant and which court might have issued it, though the case was handled by the Town of Ridgeway Court. 

In Divorce Court, King and Bellavia were apparently instructed to communicate only about the children using a parenting app called AppClose.

The initial complaint filed by McMurray states:

On January 8. 2021, he (Bellavia) texts, “You are going to get in trouble.” Ms. King never called him, other than her having her son call him after repeated attempts to obtain health insurance information via the parenting application had failed. Accordingly, Ms. King explained on December 31, 2021, “I haven’t called you or had any non-children contact related with you, nor do I have a desire to call you. I only wanted the health insurance information you wouldn’t give.” 

None of the assertions made in the complaint, McCarthy ruled, rise to the level of proof that King was wrongfully arrested and that her civil rights were therefore violated.

"Although King repeatedly alleges that she was arrested and prosecuted without probable cause, she does so only in (a) conclusory fashion," McCarthy wrote. 

Meaning, the magistrate believes McMurray, or King, is concluding that there was no probable cause but doesn't provide sufficient facts to substantiate the claim.

McMurray, via text message, said he disagrees with the magistrate's opinion.

"The court ordered Ms. King to communicate with Mr. Bellavia on a parenting app about the children, which she did," McMurray stated. "Mr. Bellavia, however, continued to harass and threaten her on the app, which is all documented. There was no probable cause to arrest Ms. King, an issue that the court has not ruled on as of yesterday."

McCarthy heard oral arguments in the case on Tuesday and, in his written ruling, was critical of McMurray's presentation and "failure to identify the factual and legal elements of the specific criminal charge against King because the criminal complaint was sealed."

It's unclear from court documents if McMurray or King sought to have her case unsealed, at least for the purpose of providing those documents to McCarthy.  McCarthy indicates the documents were not available to the court and were apparently not reviewed by McMurray.

"How, then, could he allege in good faith that probable cause was lacking?" McCarthy wrote. "By signing the Complaint and proposed Amended Complaint, he certified that 'to the best of [his] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.”

In making the filing, McCarthy states, McMurray also asserted that  “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”

McMurray, via text message, said he plans to object to the ruling.

"To explain what was actually decided, the judge did not yet resolve whether it was appropriate for an investigator for a district attorney (in a distant county) working in a major felony drug crimes unit — who was not a police officer and just happened to be the friend of the defendant, Mr. Bellavia — arrested a mom because she asked for a health insurance card for her kids. But we will proceed with our efforts to get answers."

Regarding McMurray's assertion of a "distant county," one of the assertions of King's complaint is that authorities in Orleans County did not have jurisdiction in the matter because neither Bellavia nor King lived in Orleans County at the time of the criminal complaint against King.

Bellavia declined to comment on the matter, but a close associate of Bellavia's said that Bellavia has lived in Orleans County consistently since 2015.

Bellavia's attorneys, Donald W. O'Brien, Jr., and William F. Savino, declined to comment for this story.

According to a prior filing by the attorneys, many of the allegations made in King's complaint raise allegations made during the divorce proceeding and should have been kept confidential.  They also sought to seal a memorandum delivered to the court by McMurray that made new allegations that, the attorneys said, were subject to seal as part of the divorce proceedings. Earlier this month, McCarthy declined to redact and seal those portions of King's complaint. The attorneys have the option to reapply for sealing that portion of the suit.

Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Corey Black, and "Deputy John Doe" are all named codefendants in the lawsuit, and the complaint against those defendants has not been dismissed.  None of those codefendants have filed answers with the court, and McCarthy issued an indefinite stay of their requirement to respond pending further proceedings in the case.

Think of a tiny hamlet up north, not quite reaching Canada, filled with regular town folk but with no governing rules because nobody ever got around to officially organizing. It’s filled with geese, and moose, snow-sprinkled deer, and scenery so photogenic you’d swear it’s Maine.

But as you will soon learn, it’s Almost, Maine, Batavia Players’ next show to debut this weekend.

“The whole premise of the show is that it takes place over 10 minutes. And the place that's called Almost Maine is based on an actual place. So it's nine different vignettes that take place in the same town with nine different couples. It's kind of a cool premise, like a snapshot in a small town, to me is kind of like a cool premise,” Director Patrick Burk said. “So it goes from everything from the ridiculous to the sublime. There's extremely funny parts, there’s extremely dramatic parts, there's challenging parts, there's social redemption parts. It's really a great, great play.”

The show runs at 7:30 p.m. Friday and Saturday and at 2 p.m. Sunday on the concourse stage inside Batavia City Centre.

What better way to spend a cold winter night than to learn about the intermingling of those nine couples, introduced to the audience through each separate scene? Though the entire production is 90 minutes, each scene reenacts the same 10-minute point in time from varying perspectives, which fascinated Burk when he first encountered the show.

It makes a spectator wonder, ‘why didn’t he know that so-and-so did that?’ a question that is answered when one realizes that the scene is happening at the same exact time as every other scene, Burk said.

“There's connections between the scenes because, obviously, like in any tiny town, everybody knows everybody else. So there's references to the other scenes. And there's a lot of names that switch back and forth with the scenes, with the couples talking about different issues. It's a beautiful, beautiful play, it really is. But it's kind of a strange way to be looking at things because you're trying to figure out, well, why didn't she know that?” he said. “And it's because it happens at the same time, so she wouldn't know. It's not like one scene follows another scene. It all happens at the same time. So it's a very strange premise, but it's beautifully done. And I think the cast does a phenomenal job of that.”

Part of the beauty is that people fall in — and out of — love, hearts get broken, love happens in the strangest of ways, and residents of Almost, Maine -- cue the dramatic music -- “will never be the same,” according to the show’s description.

The set is rather basic since it is based outdoors, with a bench, chairs and a table, and costumes of winter apparel. There are 19 characters and 16 actors — some have two characters each — and Burk has been impressed with how actors embraced their roles so fully to unfold completely within each 10-minute segment.

“It is very, very popular in high schools. I think the characters are amazing,” he said. “I kind of looked at it as a fairy tale. Could this be true?”

He was equally impressed with how well actors collaborated with one another, given they were from several counties, including Genesee, Orleans, Wyoming, and Niagara.

That, coupled with the ability to perfect the role and be familiar with those of others in case of illness and absenteeism, has worked out well, he said.

“We just came off of our Christmas show, with a cast of 40 people, we were really pushing the envelope, and then coming back with this — and we’ve only been rehearsing for three and a half to four weeks,” he said. “I really do hope people come and see it. It's a tremendous show. And it's absolutely beautiful. I know, I say that frequently when we do things, but it really is a beautiful show. It really has a huge appeal, I think to a wide array of people. And I think people will see things, and the characters, of family and friends and themselves, and people that they know.

"And I just think it's extremely well written, and our actors in this particular show, the 16 of them are absolutely amazing. I can't say enough about it,” he said.

Almost, Maine was developed at the Cape Cod Theater Project in 2002 and received its world premiere at Portland Stage Company, where it broke box office records and garnered critical acclaim. It opened Off Broadway in the winter of 2005/2006 at the Daryl Roth Theatre and was subsequently published by Dramatists Play Service. Almost, Maine has been produced by more than 5,000 theater companies in the United States, making it one of the most frequently produced plays of the past decade.

Tickets are $16 for adults and $14 for students and seniors. To purchase, go to showtix4u.com.

Photos during rehearsal include actors Shaun Coburn, Jacquie Morrison, Justin Chortie, Brianna Jones, Maia Zerillo, Seth Coburn, Richard Ferris, Sophie Houseman, Stephen VanValkenburg, and Kristen Gelia. Photos by Howard Owens.

The Alexander Trojans fell to 5-10 in Boys Basketball on Tuesday with a loss to Wheatland-Chili, 60-48.

Dylan Pohl scored 16 points for the Trojans. Trent Woods scored 13 and Paul Schmitt scored eight.

Also in Boys Basketball on Tuesday:

• Notre Dame beat C.G. Finney, 74-68
• Oakfield-Alabama beat Rochester Prep, 61-53
• Pavilion beat Lyndonville, 67-50
• Pembroke beat Cheektowaga 76-75

In Girls Basketball:

• Elba beat Pavilion, 50-39.  Sydney Reilly scored 16 points for the Lancers. She had six assists and six steals. Maddie Hall scored 12 points. Mariah Ognibene had 13 rebounds to go with four points scored and two steals. For Pavilion, Lauren Kingsley scored 18 points and had 20 rebounds. Karlee Zinkievich scored eight points and had five assists. Kylie Conway scored eight points.
• Byron-Bergen lost to Gananda, 48-38.
• Le Roy beat Batavia, 45-40. Corina Dunn scored 17 points and had seven rebounds for Le Roy. Abby Allen scored 15 points. Lindsey Steffenilla had 10 rebounds.

To view or purchase photos, click here. Photos by Steve Ognibene

Friends of Jim Owen are asking that attendees of this Saturday's funeral who work at a school or had Jim as a teacher at school to please wear your school apparel or colors to the service. 

"That is what Jim is all about, he's being buried in the jacket from his obituary picture," friend Michael Marsh said.

The funeral service will be at 11 a.m. Saturday at Northgate Free Methodist Church, 8160 Bank Street Road, Batavia.

For those that can't attend, the service will be livestreamed and available for viewing online. 

Cancellations for Wednesday, Jan. 25 are below. This list will be updated as we receive submissions. Send cancellations to news@thebatavian.com.

• Alabama Fire has canceled bingo due to the weather.
• All after school and evening activities at Batavia City School District have been canceled for Wednesday.
• The BHS Opening Reception at GO ART! has been canceled this evening. It has been rescheduled for Feb. 15.  
• Due to the deteriorating weather conditions, Elba Central School is canceling all afterschool and evening activities for Wednesday.
• Northgate FMC Wednesday Night 7 p.m. Men's Group has been canceled.

In covering a lawsuit filed by organizers of the Batavia-based ReAwaken America Tour against Attorney General Letitia James, The Batavian reached out to James for comment Monday and did not hear back before the story was published.

We wanted to know why she felt it necessary to involve herself — a state official — with a religious/political event; what she was hoping to accomplish by issuing the warning; and how she intends to defend her stance given that the event did not include any visible threats of violence as predicted.

An AG office spokesperson said that "As the top law enforcement officer in the state, it is our job to remind any organization or individual about the laws in our state, especially those that protect New Yorkers against racially motivated violence or harassment.”

“The letter from our office served as a basic reminder of those very laws and to suggest otherwise is incorrect,” the spokesperson said.

The office also included a copy of the letter, which The Batavian already had, and included portions in its published story. The full letter can be read below, and outlines the attorney general’s concerns and the foundation upon which organizers Pastor Paul Doyle and Clay Clark, in collaboration with their attorney, used to file the lawsuit against James for defamation, libel and impinging their First Amendment rights, to boil down the lengthy scope of litigation material.

To sum it up, event organizers sued the attorney general, alleging defamation and a violation of their civil rights. She, in turn, is standing by her letter, suggesting it is her right as the state's “top law enforcement official” to send such letters to private citizens. 

Here is the letter in full, dated August 3, 2022, sent to General Michael Flynn and Clay Clark, care of Cornerstone Church in Batavia:

General Michael Flynn and Clay Clark:

As New York’s top law enforcement officer, I have significant concerns that the ReAwaken America Tour’s upcoming event at the Cornerstone Church in Batavia, New York on August 12 and 13 could spur extremist or racially motivated violence.

These concerns center around the event’s proposed dates, which coincide with the five-year anniversary of the deadly Unite the Right rally in Charlottesville, Virginia, and past extremist statements made by yourselves and the other featured speakers on the tour.

I am especially concerned about featured speakers’ regular allusions to white nationalist ideals connected to the “Great Replacement Theory,” a conspiracy theory that warns of white genocide and efforts to replace native born Americans with immigrants. The theory is frequently linked to violent actions, including the racially motivated mass shooting that killed 10 people at a Tops Friendly Markets store in Buffalo.

 Especially in light of this racist mass shooting, and other recent episodes of racially motivated violence in New York and throughout the country, the Office of the Attorney General is concerned that such rhetoric could contribute to violent or unlawful conduct at the ReAwaken America Tour’s upcoming event.

The Office of the Attorney General writes to remind you that New York law prohibits racially motivated violence, harassment, or interference with another person in the exercise of their civil rights.

New York Civil Rights Law § 79-n empowers the Office of the Attorney General to investigate acts of violence, intimidation, threats, or harassment directed at people based on a belief or perception regarding an individual’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. In addition to actual damages, any person who violates this statute can be held liable for $5,000 in penalties for each violation.

Additionally, New York Civil Rights Law § 40-c prohibits discriminating against another person in the exercise of their civil rights — including their right to peacefully protest — based on similar protected characteristics.

Finally, New York Executive Law § 63(12) empowers the Office of the Attorney General to take action against any business engaged in significant fraud or illegality — including the violation of New York’s civil rights laws.

The Office of the Attorney General has a duty to protect New Yorkers from extremist and racially motivated violence. We stand ready to investigate any violation of the laws above and, if necessary, to enforce them to the fullest extent available.

You are therefore instructed to take all necessary steps to ensure that the event complies fully with the requirements of New York’s civil rights laws and all other applicable state and federal statutes.

Your cooperation in ensuring a peaceful and law-abiding event will be greatly appreciated.

Sincerely,

LETITIA JAMES

New York State Attorney General

CC: Cornerstone Church

Photo of NYS Attorney General Letitia James from her website.

Christopher R. Scinta is indicted on counts of manslaughter in the second degree, a Class C felony, leaving the scene of a property damage accident, a Class C felony, reckless driving, a Class A misdemeanor, criminal mischief in the fourth degree, a Class A misdemeanor, two counts of obstructing governmental administration, a Class A misdemeanor, obstructing emergency medical personal, a Class misdemeanor, and speeding, a violation. Scinta is accused of causing the death of Jasmyne Rubel at the roundabout in the City of Batavia on Nov. 4. He is accused of leaving the scene of a personal injury accident without notifying police of the accident. He is accused of driving a 2006 Kawasaki in a reckless manner. He's accused of intentionally damaging window blinds in interview room #2 at the Batavia Police Department. He is accused of attempting to interfere with a government official's lawful duty. He is accused of interfering with the medical treatment of Jasmyne Rubel by a qualified first responder. 

Cindy L. Bush is indicted on a felony count of DWI and of aggravated unlicensed operation. Bush is accused of driving drunk on April 24 in the City of Batavia on Ross Street in a 2004 Chevrolet. The indictment alleges a prior conviction within the past 10 years for DWI in February 2015 in the City of Batavia.

David J. Leroy is indicted on a count of criminal possession of a weapon 3rd, a Class D felony. Leroy is accused of knowingly possessing a switchblade knife in the Town of Pembroke on July 25.

Geovanny Lopez is indicated a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony, and circumventing an interlock device, a Class A misdemeanor. Lopez is accused of driving a 2009 Ford on the I-490 on Aug. 4 in the Town of Le Roy. The indictment alleges that Lopez was convicted of DWI with the past 10 years, on Dec. 12, 2016, in Yonkers.

Shannon L. Marvin is indicted on a count of grand larceny in the fourth degree, a Class E felony. Marvin is accused of stealing a Discover card belonging to another person in the Town of Bergen during the month of October in 2021.

Press release:

The Batavia Police Department has closed out the Movember / Don’t Shave December campaigns for 2022. The department was able to raise $1,560 for Genesee Cancer Assistance. Department members would like to thank the community for their support and donations.

The Movember Worldwide Campaign started in 2003 in Australia and has since grown. Movember was created to bring awareness to Men’s Health, specifically, prostate cancer, testicular cancer, mental health, and suicide prevention.

Submitted photo.

PUBLIC NOTICE:

At a Special Meeting of the Town Board of the Town of Pembroke, held at the Town Hall in said Town of Pembroke, County of Genesee, State of New York on the 18th day of January, 2023.

PRESENT:

Thomas Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold, Jr., Councilman

In the Matter of ORDER CALLING PUBLIC HEARING

The Establishment of Water District #5 (Pratt Rd) in the Town of Pembroke, Genesee County, New York under Town Law Article 12-A.

Click the headline for more ... 

WHEREAS, A map, plan and report have been prepared in a manner and detail as determined by the Town Board of the Town of Pembroke, regarding the establishment of a proposed   Water District No. 5 in the Town of Pembroke.

The map, plan and report have been filed in the Town Clerk’s Office in the Town on the 2^nd day of June 2021.

The map, plan and report were prepared by Jeremy DeLyser, P.E., of Clark Patterson Lee, a competent engineer, licensed by the State of New York, showing the boundaries of the proposed district, a general plan of the distribution system and a report of the proposed methods of operation and the estimated maximum cost of said proposed district. The map depicts the boundaries of the proposed district.

The boundaries are as follows;

Beginning at the intersection of the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, and the center line of Slusser Road (49.5 feet wide right-of-way); thence,

1. Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 507 feet, more or less, to the southerly property line of tax account number 17.-2-10.1; thence,
2. Westerly, along the southerly line of tax account number 17.-2-10.1, a distance of 330 feet, more or less, to a point 500 feet southerly of and parallel to the center line of Slusser Road; thence,
3. Northwesterly, through the lands of tax account numbers 17.-2-10.1, 17.-2-10.2, and 17.-2-31.21, along a line 500 feet southerly of and parallel to the center line of Slusser Road, a distance of 1,868 feet, more or less, to a point on a southerly line of tax account number 17.-2-31.21; thence,
4. Northwesterly, along the southerly lines of the tax account numbers 17.-2-31.21, 17.-2-31.12, 17.-1-48.11, 17.-1-48.12, 17.-1-49, 17.-1-50.1, 17.-1-50.2, and 17.-1-75, to the easterly extension of a line of tax account number 17.-1-75; thence,
5. Westerly, across Tonawanda Creek, along the easterly extension of a southerly line of tax account number 17.-1-75, and a southerly line of tax account number 17.-1-75, a distance of 325 feet, more or less, to the westerly line of tax account number 17.-1-75; thence,
6. Northwesterly, along the westerly line of tax account number 17.-1-75, and the northerly extension of the westerly line of tax account number 17.-1-75 a distance of 337 feet, more or less, to the center line of Pratt Road; thence,
7. Westerly, along the center line of Pratt Road, a distance of 148 feet, more or less, to the southerly extension of a westerly line of tax account number 17.-1-11; thence,
8. Northwesterly, along the southerly extension of a westerly line of tax account number 17.-1-11, and a westerly line of tax account number 17.-1-11, a distance of 448 feet, more or less, to a northerly line of tax account number 17.-1-11; thence,
9. Easterly, along a northerly line of tax account number 17.-1-11, a distance of 165 feet, more or less, to a westerly line of 17.-1-11; thence,
10. Northwesterly, along a westerly line of tax account number 17.-1-11, a distance of 290 feet, more or less, to a westerly line of tax account number 17.-1-11; thence,
11. Easterly, along a northerly line of tax account number 17.-1-11, the easterly extension of the northerly line of tax account number 17.-1-11, and the existing Town of Pembroke Water District No. 1, a distance of 762 feet, more or less, to a southerly line of tax account number 17.-1-18; thence,
12. Northwesterly, along the southerly line of tax account number 17.-1-18, a distance of 541 feet, more or less, to a point 500 feet westerly of and parallel to the center line of Pratt Road (49.5 feet wide right-of-way; thence,
13. Northerly, through the lands of tax account numbers 17.-1-18, 17.-1-19.12, 17.-1-19.11, and 17.-1-21.111, along a line 500 feet westerly of and parallel to the center line of Pratt Road, a distance of 1,528 feet, more or less, to a northerly line of tax account number 17.-1-21.111; thence,
14. Northeasterly, along a northerly line of tax account number 17.-1-21.111, a distance of 323 feet, more or less, to a westerly line of tax account number 17.-1-21.111; thence,
15. Northwesterly, along a westerly line of tax account number 17.-1-21.111, a distance of 116 feet, more or less to a northerly line of tax account number 17.-1-21.111; thence,
16. Northeasterly, along a northerly line of tax account number 17.-1-21.111, and the westerly lines of tax account numbers 17.-1-35 and 17.-1-36, a distance of 684 feet, more or less, to the northwesterly corner of tax account number 17.-1-36; thence,
17. Southeasterly, along the northerly line of tax account number 17.-1-36, a distance of 68 feet, more or less, to an angle point; thence,
18. Easterly, along the northerly lines of tax account numbers 17.-1-36, 17.-1-37, 17.-2-2.212, 17.-2-2.211, and 17.-2-2.1, a distance of 1,863 feet, more or less, to the northeasterly corner of tax account number 17.-2-2.1; thence,
19. Southerly, along the easterly line of tax account number 17.-2-2.1, and the southerly extension of the easterly line of tax account number 17.-2-2.1, a distance of 330 feet, more or less, to the center line of Pratt Road; thence,
20. Easterly, along the center line of Pratt Road, a distance of 70 feet, more or less, to the southwesterly extension of the westerly line of tax account number 17.-2-3; thence,
21. Northeasterly, along the southwesterly extension of the westerly line of tax account number 17.-2-3, and the westerly line of tax account number 17.-2-3, a distance of 336 feet, more or less, to the northerly line of tax account number 17.-2-3; thence,
22. Easterly, along the northerly lines of tax account numbers 17.-2-3, 17.-2-5, 17.-2-4, 17.-2-38, 17.-2-39, 17.-2-40, 17.-2-41, 17.-2-42, 17.-2-43, 17.-2-44, and 17.-2-45, a distance of 1,179 feet, more or less, to the easterly line of tax account number 17.-2-45; thence,
23. Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 803 feet, more or less, to the southerly line of tax account number 17.-2-6.2; thence,
24. Westerly, along the southerly lines of tax account numbers 17.-2-6.2 and 17.-2-6.12, a distance of 408 feet, more or less, to the westerly line of tax account number 17.-2-6.12; thence,
25. Northerly, along the westerly line of tax account number 17.-2-6.12, a distance of 124 feet more or less, to the southerly line of tax account number 17.-2-46; thence,
26. Westerly, along the southerly lines of tax account numbers 17.-2-46, 17.-2-47, 17.-2-49.1, 17.-2-55.2, and 17.-2-6.112, a distance of 662 feet, more or less, to the easterly line of tax account number 17.-2-51; thence,
27. Southwesterly, along an easterly lines of tax account numbers 17.-2-51 and 17.-2-53.1, a distance of 143 feet, more or less, to a northerly line of tax account number 17.-2-53.1; thence,
28. Easterly, along a northerly line of tax account number 17.-2-53.1, a distance of 206 feet, more or less, to an easterly line of tax account number 17.-2-53.1; thence,
29. Southeasterly, along an easterly line of tax account number 17.-2-53.1, a distance of 96 feet, more or less, to a southerly line of tax account number 17.-2-53.1; thence,
30. Westerly, along a southerly line of a tax account number 17.-2-53.1, a distance of 40 feet, more or less, to a point 500 feet easterly of and parallel to the center line of Slusser Road; thence,
31. Southwesterly, through the lands of tax account numbers 17.-2-6.111 and 17.-2-7, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 667 feet, more or less, to the southerly line of tax account number 17.-2-7; thence,
32. Westerly, along a southerly line of tax account number 17.-2-7, a distance of 199 feet, more or less, to an easterly line of tax account number 17.-2-7; thence,
33. Southerly, along the westerly line of tax account number 17.-2-8, a distance of 1,952 feet, more or less, to a point 500 feet northerly of and parallel to the center line of Slusser Road; thence,
34. Southeasterly, through the lands of tax account numbers 17.-2-8, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 1,390 feet, more or less, to the easterly municipal boundary line of the Town of Pembroke/Town of Batavia; thence,
35. Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 530 feet, more or less, to the Point of Beginning.

Pratt Road/Water District #5, as described above, contains approximately 309 acres of land.

All as shown on a map prepared by CPL, entitled “Pratt Road Water District – Water District Map”, dated May 20, 2020.

WHEREAS, the improvements proposed consist of construction and maintenance of a water system, to serve the said district, including water mains, and distribution pipes to be installed at the sole expense of the residents of the district and no public funds will be expended therefore; and

WHEREAS, the maximum amount proposed to be expended for the improvements (or, the maximum amount proposed to be expended for the performance or supplying of services) as stated in the said Map. Plan and Report is the sum of Two Million Fifty five Thousand and no/100 Dollars ($2,055,000.00) of which Nine Hundred Four Thousand Dollars and no/100 ($904,000.00) will be provided by USDA Rural Development in the form of a grant and One Million One Hundred Fifty-one Thousand Dollars and no/100 ($1,151,000.00) will be provided by a loan from USDA Rural Development at a rate of 1.75% over a period of 38 years; and

WHEREAS, the total estimated cost after the first year of service for equivalent dwelling units is $1,048.00, of which $552.00 will be paid toward debt service and $496.00 will be paid toward annual water costs (including operation and maintenance costs) Total one time estimated costs per equivalent dwelling unit for installation are estimated to be $1,140.00.

NOW THEREFORE IT IS HEREBY:

ORDERED, that a public hearing before the Town Board of the Town of Pembroke, shall be held at the Pembroke Town Hall, 1145 Main Road Corfu, New York on the 9th day of February, 2023 at 6:30 p.m. to hear the residents and landowners in the proposed district  interested in the subject thereof, concerning the same, and for such other action on the part of said Town Board as may be required by law or proper in the premises.

Dated:  January 18^th, 2023

Motion made by: Supervisor Schneider
Seconded by: Councilman Arnold
Ayes: Manne, Arnold, Schneider
Nays: None

APPROVED by: Unanimous vote (3-0)

State of New York) County of Genesee)    ss:

I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 18^th of January, 2023, and that the same is a true and correct copy of said original and of the whole thereof.

In Testimony whereof, I have hereunto set my hand and affixed the seal of said Town, this 18^th day of January, 2023.

Nicole Begin

Town Clerk of the Town of Pembroke

Genesee County, New York

Press Release:

The Town of Stafford Republican Committee is seeking registered party members that are interested in receiving party endorsement for political office. The following offices will be elected on Nov. 7, 2023, in the general election.   All elected offices are four-year terms.

• County Legislature for the Town of Stafford and Town of Batavia
• Town of Stafford Supervisor
• Town of Stafford Council, two vacancies
• Town of Stafford Judge, two vacancies
• Town of Stafford Republican committee, two vacancies for District One

Those interested in these positions should contact Stafford Republican Committee Chairwoman Mary Alice Panek, 6361 Thwing Road, LeRoy, NY, 14482, or email staffordnyrepublicancommittee@gmail.com with a resume and letter of interest.  Please send information before Feb. 10, 2023.

PUBLIC NOTICE:

At a Special Meeting of the Town Board of the Town of Pembroke, held at the Town Hall in said Town of Pembroke, County of Genesee, State of New York on the 18^th day of January, 2023.

PRESENT:

Thomas Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold, Jr., Councilman

In the Matter of ORDER CALLING PUBLIC HEARING
The Establishment of Water District #4  in the Town of Pembroke, Genesee County, New York under Town Law Article 12-A.

Click the headline for more ...

WHEREAS, A map, plan and report have been prepared in a manner and detail as determined by the Town Board of the Town of Pembroke, regarding the establishment of a proposed   Water District No. 4 in the Town of Pembroke.

The map, plan and report have been filed in the Town Clerk’s Office in the Town on the 2^nd      day of June 2021.

The map, plan and report were prepared by Jeremy DeLyser, P.E., of Clark Patterson Lee, a competent engineer, licensed by the State of New York, showing the boundaries of the proposed district, a general plan of the distribution system and a report of the proposed methods of operation and the estimated maximum cost of said proposed district. The map depicts the boundaries of the proposed district.

The boundaries are as follows;

Beginning at a point, being the northwesterly corner of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1 and the intersection of the centerline of Gabbey Road (C.R. 4) (66 feet wide right-of-way) and a westerly extension of a southerly line of tax account number 10.-1-31.111; thence,

1. Northerly, along the centerline of Gabbey Road and an easterly line of the Existing Town of Pembroke Water District No. 1, a distance of 174 feet, more or less, to a northeasterly corner of the Existing Town of Pembroke Water District No. 1; thence,
2. Southwesterly, along a northerly line of the Town of Pembroke Water District No. 1, through the lands of tax account number 10.-1-38.115, a distance of 862 feet, more or less, to a point on the southwesterly line of tax account number 10.-1-38.115, 500 feet northeasterly of and parallel to the centerline of Gabbey Road; thence,
3. Northwesterly, along the southwesterly line of tax account number 10.-1-38.115, a distance of 307 feet, more or less, to a southwesterly corner of tax account number 10.-1-38.115; thence,
4. Northerly, along the westerly line of tax account number 10.-1-38.115, a distance of 400 feet, more or less, to the northwesterly corner of tax account number 10.-1-38.115; thence,
5. Easterly, along the northerly line of tax account number 10.-1-38.115, a distance of 514 feet, more or less, a point 500 feet westerly of and parallel to the centerline of Gabbey Road; thence,
6. Northerly, along a line 500 feet westerly of and parallel to the centerline of Gabbey Road, through the lands of tax account numbers 10.-1-52, 10.-1-51, 10.-1-50, 10.-1-1.112, 10.-1-2.123, 10.-1-49, 10.-1-48, and 10.-1-46.1, a distance of 2,006 feet, more or less, to the northerly line of tax account number 10.-1-46.1; thence,
7. Easterly, along the northerly line of tax account number 10.-1-46.1, a distance of 70 feet, more or less, to the southwesterly corner of tax account number 10.-1-2.21; thence,
8. Northerly, along the westerly line of tax account number 10.-1-2.21, a distance of 125 feet, more or less, to the southerly line of tax account number 9.-1-64; thence,
9. Westerly, along the southerly line of tax account number 9.-1-64, a distance of 519 feet, more or less, to the southwesterly corner of tax account number 9.-1-64; thence,
10. Northerly, along the westerly line of tax account number 9.-1-64, a distance of 422 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Akron Road (99 feet wide right-of-way); thence,
11. Westerly, along a line 500 feet southerly of and parallel to the centerline of Akron Road, through the lands of tax account numbers 9.-1-65.11, 9.-1-66, 8.-1-13.11, and 8.-1-13.12, a distance of 2,598 feet, more or less, to the westerly line of tax account number 8.-1-13.12; thence,
12. Northerly, along the westerly line of tax account number 8.-1-13.12, a distance of 269 feet, more or less, to the southeasterly corner of tax account number 8.-1-12; thence,
13. Westerly, along the southerly line of tax account number 8.-1-12, a distance of 250 feet, more or less, to the easterly line of tax account number 8.-1-16.21; thence,
14. Southerly, along the easterly line of tax account number 8.-1-16.21, a distance of 51 feet, more or less, to the southeasterly corner of tax account number 8.-1-16.21; thence,
15. Westerly, along the southerly line of tax account number 8.-1-16.21, a distance of 577 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of Marble Road (49.5 feet wide right-of-way); thence,
16. Southerly, along a line 500 feet easterly of and parallel to the centerline of Marble Road, through the lands of tax account numbers 8.-1-16.121, and 8.-1-16.112, a distance of 2,054 feet, more or less, to the easterly line of tax account number 8.-1-17.2; thence,
17. Southeasterly, along the easterly lines of tax account numbers 8.-1-17.2, 14.-2-66, and 14.-2-1.112, a distance of 1,009 feet, more or less, to the southeasterly corner of tax account number 14.-2-1.112; thence,
18. Westerly, along the southerly line of tax account number 14.-2-1.112, a distance of 163 feet, more or less, to the northwesterly corner of tax account number 14.-2-1.111; thence,
19. Southerly, along the easterly line of tax account number 14.-2-1.111, a distance of 400 feet, more or less, to the southwesterly corner of tax account number 14.-2-1.111 and a northeasterly corner of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1; thence,
20. Westerly, along the southerly line of tax account number 14.-2-1.111, across Marble Road, along the southerly line of tax account number 14.-1-18.2, and along a northerly line of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1, a distance of 1,093 feet, more or less, to the southwesterly corner of tax account number 14.-1-18.2 and a northwesterly corner of the Existing Extension No.1 to the Existing Town of Pembroke Water District No. 1; thence,
21. Southerly, along the easterly line of tax account number 14.-1-17.1 and along a westerly line of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1 and the Existing Town of Pembroke Water District No. 1, a distance of 1,811 feet, more or less, to the southeasterly corner of tax account number 14.-1-17.1 and a southwesterly corner of the Existing Town of Pembroke Water District No. 1; thence,
22. Southwesterly, along a line perpendicular to the northerly right-of-way line of Knapp Road (49.5 feet wide right-of-way) and along a northwesterly line of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1, a distance of 50 feet, more or less, to the southeasterly corner of tax account number 14.-1-15 and a northwesterly corner of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1; thence,
23. Westerly, along the southerly line of tax account number 14.-1-15 and along a northerly line of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1, a distance of 1,018 feet, more or less, to the southwesterly corner of tax account number 14.-1-15; thence,
24. Northerly, along the westerly line of tax account number 14.-1-15, a distance of 269 feet, more or less, to a point 500 feet southwesterly of and parallel to the centerline of Knapp Road; thence,
25. Northwesterly and westerly along a line 500 feet southerly of and parallel to the centerline of Knapp Road, through the lands of tax account number 14.-1-14.1, 14.-1-13.111, 14.-1-6.1, and 14.-1-5.113, a distance of 4,461 feet, more or less, to the easterly line of tax account number 14.-1-84; thence,
26. Southerly, along the easterly line of tax account number 14.-1-84, a distance of 149 feet, more or less, to the southeasterly corner of tax account number 14.-1-84; thence,
27. Westerly, along the southerly line of tax account number 14.-1-84, a distance of 210 feet, more or less, to the southwesterly corner of tax account number 14.-1-84; thence,
28. Northerly, along the westerly line of tax account number 14.-1-84, a distance of 150 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Knapp Road; thence,
29. Westerly, along a line 500 feet southerly of and parallel to the centerline of Knapp Road, through the lands of tax account numbers 14.-1-5.112, 14.-1-3.113, 14.-1-86, 14.-1-3.112, and 14.-1-2.1, a distance of 1,763 feet, more or less, to the westerly line of tax account number 14.-1-2.1 and the westerly line of the Town of Pembroke Municipal Boundary; thence,
30. Northerly, along the westerly line of the Town of Pembroke Municipal Boundary and along the westerly line of tax account number 14.-1-2.1, across Knapp Road, and along the westerly line of tax account number 14.-1-1.2, a distance of 1,000 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Knapp Road; thence,
31. Easterly, along a line 500 feet northerly of and parallel to the centerline of Knapp Road, through the lands of tax account number 14.-1-1.2, a distance of 81 feet, more or less, to the westerly line of tax account number 14.-1-1.12; thence,
32. Northerly, along the westerly line of tax account number 14.-1-1.12, a distance of 500 feet, more or less, to the northwesterly corner of tax account number 14.-1-1.12; thence,
33. Easterly, along the northerly lines of tax account numbers 14.-1-1.12 and 14.-1-97, a distance of 604 feet, more or less, to the northeasterly corner of tax account number 14.-1-97; thence,
34. Southerly, along the easterly line of tax account number 14.-1-97, a distance of 11 feet, more or less, to a northwesterly corner of tax account number 14.-1-4.11; thence,
35. Easterly, along a northerly line of tax account number 14.-1-4.11, a distance of 910 feet, more or less, to a northwesterly corner of tax account number 14.-1-4.11; thence,
36. Northerly, along the westerly lines of tax account numbers 14.-1-4.11, 8.-1-38.121, 8.-1-54, 8.-1-37.111, and 8.-1-37.12, a distance of 2,409 feet, more or less, to the southeasterly corner of tax account number 8.-1-50; thence,
37. Westerly, along the southerly lines of tax account numbers 8.-1-50, 8.-1-40.115, 8.-1-57 and through the lands of tax account number 8.-1-56-1 along the westerly extension of the southerly line of tax account number 8.-1-57, a distance 1,043 feet, more or less, to the easterly line of tax account number 8.-1-40.2; thence,
38. Southerly, along the easterly line of tax account number 8.-1-40.2, a distance of 255 feet, more or less, to the southeasterly corner of tax account number 8.-1-40.2; thence,
39. Westerly, along the southerly line of tax account number 8.-1-40.2 and along a westerly extension of the southerly line of tax account number 8.-1-40.2, through the lands of tax account number 8.-1-46, a distance of 729 feet, more or less, to the westerly line of tax account number 8.-1-46 and the westerly line of the Town of Pembroke Municipal Boundary; thence,
40. Northerly, along the westerly line of tax account number 8.-1-46, across Akron Road (66 feet wide right-of-way), and along the westerly line of tax account number 8.-1-45, also along the westerly line of the Town of Pembroke Municipal Boundary, a distance of 1,556 feet, more or less, to the northwesterly corner of tax account number 8.-1-45; thence,
41. Easterly, along the northerly lines of tax account numbers 8.-1-45, 8.-1-41.1, 8.-1-41.2, and 8.-1-42, and along an easterly extension of the northerly line of tax account number 8.-1-42, a distance of 1,828 feet, more or less, to the centerline of Tesnow; thence,
42. Northerly, along the centerline of Tesnow Road, a distance of 477 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Akron Road; thence,
43. Easterly, along a line 500 feet northerly of and parallel to the centerline of Akron Road, through the lands of tax account numbers 8.-1-7, 8.-1-8.1, 8.-1-9.1, 8.-1-10.12, and 8.-1-11.111, a distance of 8,476 feet, more or less, to a point 500 feet westerly of and parallel to the centerline of Hopkins Road (66 feet wide right-of-way); thence,
44. Northerly, along a line 500 feet westerly of and parallel to the centerline of Hopkins Road, through the lands of tax account number 8.-1-11.111, a distance of 577 feet, more or less, to a southerly line of tax account number 8.-1-11.221; thence,
45. Westerly, along a southerly line of tax account number 8.-1-11.221, a distance of 30 feet, more or less, to the southwesterly corner of tax account number 8.-1-11.221; thence,
46. Northerly, along a westerly line of tax account number 8.-1-11.221, a distance of 225 feet, more or less, to a northwesterly corner of tax account number 8.-1-11.221; thence,
47. Easterly, along a northerly line of tax account number 8.-1-11.221, a distance of 29 feet, more or less, to a point 500 feet westerly of and parallel to the centerline of Hopkins Road; thence,
48. Northerly, along a line 500 feet westerly of and parallel to the centerline of Hopkins Road, through the lands of tax account number 8.-1-59, a distance of 1,618 feet, more or less to the northerly line of tax account number 8.-1-59, and the northerly line of the Town of Pembroke Municipal Boundary; thence,
49. Easterly, along the northerly line of the Town of Pembroke Municipal Boundary, a distance of 1,000 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of Hopkins Road; thence,
50. Southerly, along a line 500 feet easterly of and parallel to the centerline of Hopkins Road, through the lands of tax account number 9.-1-1.1, a distance of 579 feet, more or less, to the northerly line of tax account number 9.-1-84; thence,
51. Easterly, along the northerly lines of tax account numbers 9.-1-84 and 9.-1-2.213, a distance of 740 feet, more or less, to a northwesterly corner of tax account number 9.-1-2.213; thence,
52. Northeasterly, along a westerly line of tax account number 9.-1-2.213, a distance of 460 feet, more or less, to a northwesterly corner of tax account number 9.-1-2.213; thence,
53. Easterly, along a northerly line of tax account number 9.-1-2.213, a distance of 240 feet, more or less, to a northeasterly corner of tax account number 9.-1-2.213; thence,
54. Southwesterly, along an easterly line of tax account number 9.-1-2.213, a distance of 392 feet, more or less, to a southeasterly corner of tax account number 9.-1-2.213; thence,
55. Southerly, along an easterly line of tax account number 9.-1-2.213, a distance of 38 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Sliker Road (66 feet wide right-of-way); thence,
56. Easterly, along a line 500 feet northerly of and parallel to the centerline of Sliker Road, through the lands of tax account number 9.-1-2.1, a distance of 1,576 feet, more or less, to the westerly line of tax account number 9.-1-7; thence,
57. Northerly, along the westerly line of tax account number 9.-1-7, a distance of 108 feet, more or less, to the northwesterly corner of tax account number 9.-1-7; thence,
58. Easterly, along the northerly lines of tax account numbers 9.-1-7, 9.-1-9.122, 9.-1-83, 9.-1-9.123, 9.-1-9.22, 9.-1-9.21, 9.-1-9.112, and 9.-1-9.111, a distance of 2,304 feet, more or less, to the northeasterly corner of tax account number 9.-1-9.111;
59. Northeasterly, along a westerly line of tax account number 9.-1-41.1, a distance of 324 feet, more or less, to the northwesterly corner of tax account number 9.-1-41.1; thence,
60. Southeasterly, along the northeasterly lines of tax account numbers 9.-1-41.1, 9.-1-41.2, and 9.-1-41.3, a distance of 345 feet, more or less, to a southwesterly corner of tax account number 9.-1-38.11; thence,
61. Northeasterly, along a westerly line of tax account number 9.-1-38.11, a distance of 229 feet, more or less, to the southerly line of tax account number 9.-1-11; thence,
62. Northwesterly, along the southerly line of tax account number 9.-1-11, through the abandoned right-of-way of McAlpine Road (66 feet wide abandoned right-of-way) and along the southwesterly line of tax account number 9.-1-12, a distance of 2,216 feet, more or less, to a westerly line of the Town of Pembroke Municipal Boundary and the southwesterly corner of tax account number 9.-1-12; thence,
63. Northeasterly, along a westerly line of the Town of Pembroke Municipal Boundary and a westerly line of tax account number 9.-2-12 and the northeasterly extension of the westerly line of tax account number 9.-1-12, a distance of 710 feet, more or less, to a northeasterly line of the Town of Pembroke Municipal Boundary and the centerline of Meiser Road (66 feet wide right-of-way); thence,
64. Southeasterly, along a northeasterly line of the Town of Pembroke Municipal Boundary, and the centerline of Meiser Road, and a distance of 971 feet, more or less, to a northwesterly line of the Town of Pembroke Municipal Boundary and the intersection of the centerlines of Meiser Road and McAlpine Road (66 feet wide right-of-way); thence,
65. Northeasterly, along a northwesterly line of the Town of Pembroke Municipal Boundary and the centerline of McAlpine Road, a distance of 347 feet, more or less, to a northeasterly line of the Town of Pembroke Municipal Boundary and the northwesterly extension of the northerly line of tax account number 9.-1-14; thence,
66. Southeasterly, along a northerly line of the Town of Pembroke Municipal Boundary, a northwesterly extension of the northerly line of tax account number 9.-1-14, and the northerly line of tax account number 9.-1-14, a distance of 233 feet, more or less, to a northerly line of the Town of Pembroke Municipal Boundary and a northwesterly corner of tax account number        9.-1-15.111; thence,
67. Northeasterly, along a northwesterly line of the Town of Pembroke Municipal Boundary and a northwesterly line of tax account number 9.-1-15.111, a distance of 310 feet, more or less, to a northeasterly line of the Town of Pembroke Municipal Boundary and a northwesterly corner of tax account number 9.-1-15.111; thence,
68. Southeasterly, along a northeasterly line of the Town of Pembroke Municipal Boundary and a northeasterly line of tax account number 9.-1-15.111, a distance of 353 feet, more or less, to a northwesterly line of the Town of Pembroke Municipal Boundary and northwesterly corner of tax account number 9.-1-15.111; thence,
69. Northeasterly, along a northwesterly line of the Town of Pembroke Municipal Boundary and a northwesterly line of tax account number 9.-1-15.111, and a northeasterly extension of a northwesterly line of tax account number 9.-1-15.111; a distance of 483 feet, more or less, to a northeasterly line of the Town of Pembroke Municipal Boundary and the centerline of the abandoned right-of-way of Ogden Street (66 feet wide abandoned right-of-way); thence,
70. Southeasterly, along a northeasterly line of the Town of Pembroke Municipal Boundary and the centerline of the abandoned right-of-way of Ogden Street, a distance of 330 feet, more or less, to a northwesterly line of the Town of Pembroke Municipal Boundary and a southwesterly extension of the northwesterly line of tax account number 9.-1-16.2; thence,
71. Northeasterly, along a northwesterly line of the Town of Pembroke Municipal Boundary and a southwesterly extension of the northwesterly line of tax account number 9.-1-16.2, a northwesterly line of tax account number 9.-1-16.2, a distance of 522 feet, more or less, to a northeasterly line of the Town of Pembroke Municipal Boundary and a northwesterly corner of tax account number 9.-1-16.2; thence,
72. Easterly, along a northeasterly line of the Town of Pembroke Municipal Boundary, a northerly line of tax account number 9.-1-16.2, across Alleghany Road (NYS Route 77) (right-of-way varies) and along the northerly line of tax account number 9.-2-1, a distance of 1,091 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of Alleghany Road; thence,
73. Southerly, along a line 500 feet easterly of and parallel to the centerline of Alleghany Road, through the lands of tax account number 9.-2-1, a distance of 894 feet, more and less, to the centerline of the abandoned right-of-way of Houseknecht Road (66 feet wide abandoned right-of-way); thence,
74. Westerly, along the centerline of the abandoned right-of-way of Houseknecht Road, a distance of 178 feet, more or less, to the northerly extension of the easterly line of tax account number 9.2-38.11; thence,
75. Southerly, along a northerly extension of the easterly line of tax account number 9.2-38.11, and the easterly lines of tax account numbers 9.-2-38.11, and 9.-2-38.2, a distance of 404 feet, more or less, to a southeasterly corner of tax account number 9.-2-38.2; thence,
76. Southwesterly, along a southerly line of tax account number 9.-2-38.2, a distance of 220 feet, more or less, to the easterly line of tax account number 9.-2-37.1; thence,
77. Southerly, along the easterly line of tax account number 9.-2-37.1 and a southerly extension of the easterly line of tax account number 9.-2-37.1 through the lands of the abandoned right-of-way of Troup Street (66 feet wide abandoned right-of-way), a distance of 152 feet, more or less, to the northerly line of tax account number 9.-2-33; thence,
78. Easterly, along the northerly lines of tax account numbers 9.-2-33, 9.-2-32, 9.-2-44.2, 9.-2-44.1, and 9.-2-46.2, a distance of 2,460 feet, more or less, to an easterly line of tax account number 9.-2-46.2; thence,
79. Southerly, along an easterly line of tax account number 9.-2-46.2, a distance of 61 feet, more or less, to the intersection of the easterly line of tax account number 9.-2-46.2 and the westerly extension of the northerly line of tax account number 9.-2-29; thence,
80. Easterly, along the westerly extension of the northerly line of tax account number 9.-2-29, through the lands of the abandoned right-of-way of East Street (66 feet wide abandoned right-of-way), and along the northerly line of tax account number 9.-2-29, a distance of 344 feet, more or less, to the westerly line of tax account number 9.-2-2.2; thence,
81. Northerly, along the westerly line of tax account number 9.-2-2.2, a distance of 218 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Phelps Road (66 feet wide right-of-way); thence,
82. Easterly, along a line 500 feet northerly of and parallel to the centerline of Phelps Road, through the lands of tax account numbers 9.-2-2.2, 9.-2-2.1, 9.-2-5.111, 11.-1-1.1, 11.-1-2.1, 11.-1-14.1, and 11.-1-13.11, across Gorton Road (49.5 feet wide right-of-way), through the lands of tax account numbers 11.-1-12, 11.-1-11, 11.-1-9.2, 11.-1-9.1, and 11.-1-10, a distance of 13,072 feet, more or less, to a point 500 feet westerly of and parallel to the centerline of North Pembroke Road (49.5 feet wide right-of-way); thence,
83. Northerly, along a line 500 feet westerly of and parallel to the centerline of North Pembroke Road, through the lands of tax account number 11.-1-10, a distance of 1,328 feet, more or less, to the northerly line of tax account number 11.-1-10; thence,
84. Easterly, along the northerly line of tax account number 11.-1-10, a distance of 187 feet, more or less, to the westerly line of tax account number 11.-1-8; thence,
85. Northerly, along the westerly line of tax account numbers 11.-1-8 and 11.-1-7.12, a distance of 981 feet, more or less, to a southerly line of tax account number 11.-1-7.12; thence,
86. Westerly, along a southerly line of tax account number 11.-1-7.12, a distance of 12 feet, more or less, to a westerly line of tax account number 11.-1-7.12; thence,
87. Northerly, along a westerly line of tax account number 11.-1-7.12, a distance of 120 feet, more or less, to a northerly line of tax account number 11.-1-7.12; thence,
88. Easterly, along a northerly line of tax account number 11.-1-7.12, a distance of 12 feet, more or less, to a westerly line of tax account number 11.-1-7.12; thence,
89. Northerly, along a westerly line of tax account number 11.-1-7.12, a distance of 150 feet, more or less, to a northerly line of tax account number 11.-1-7.12; thence,
90. Easterly, along a northerly line of tax account number 11.-1-7.12 and an easterly extension of tax account number 11.-1-7.12, a distance of 313 feet more or less, to the centerline of North Pembroke Road and a westerly line of the Existing Town of Alabama Water District No. 2; thence,
91. Southerly, along the centerline of North Pembroke Road and a westerly line of the Existing Town of Alabama Water District No. 2, a distance of 69 feet, more or less, to a southwesterly corner of the Existing Town of Alabama Water District No. 2 and the centerline line of Galloway Road (49.5 feet wide right-of-way); thence,
92. Easterly, along the centerline of Galloway Road and a southerly line of the Existing Town of Alabama Water District No. 2, a distance of 500 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of North Pembroke Road; thence,
93. Southerly, along a line 500 feet easterly of and parallel to the centerline of North Pembroke Road, through the lands of tax account numbers 13.-1-5.11 and 13.-1-2, a distance of 2,680 feet, more or less, to a northerly line of the Existing Town of Pembroke Water District No. 1; thence,
94. Westerly, along a northerly line of the Existing Town of Pembroke Water District No. 1, a distance of 464 feet, more or less, to a westerly line of the Existing Town of Pembroke Water District No. 1; thence,
95. Southerly, along a westerly line of the Existing Town of Pembroke Water District No. 1, a distance of 24 feet, more or less, to a northerly line of the Existing Town of Pembroke Water District No. 1; thence,
96. Westerly, along the centerline of Phelps Road and a northerly line of the Existing Town of Pembroke Water District No. 1, a distance of 270 feet, more or less, to a northwesterly corner of the Existing Town of Pembroke Water District No. 1 and the northerly extension of the easterly line of tax account number 12.-1-27; thence,
97. Southerly, along a westerly line of the Existing Town of Pembroke Water District No. 1, and the northerly extension of the easterly line of tax account number 12.-1-27, and the easterly line of tax account number 12.-1-27, a distance of 314 feet, more or less, to the southeasterly corner of tax account number 12.-1-27 and a northwesterly corner of the Existing Town of Pembroke Water District No. 1; thence,
98. Westerly, along a northerly line of the Existing Town of Pembroke Water District No. 1 and the southerly lines of tax account numbers 12.-1-27, 12.-1-26.11, 12.-1-26.12, and 12.-1-26.2, a distance of 1,007 feet, more or less, to an easterly line of tax account number 12.-1-24.113; thence,
99. Southerly, along an easterly line of tax account number 12.-1-24.113, a distance of 159 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Phelps Road; thence,

100. Westerly, along a line 500 feet southerly of and parallel to the centerline of Phelps Road, through the lands of tax account numbers 12.-1-24.113 and 12.-1-108, a distance of 494 feet, more or less, to the westerly line of tax account number 12.-1-108; thence,

101. Northerly, along the easterly line of tax account number 12.-1-108, a distance of 299 feet, more or less, to the southeasterly corner of tax account number 12.-1-24.2; thence,

102. Westerly, along the southerly line of tax account number 12.-1-24.2, a distance of 200 feet, more or less, to the easterly line of tax account number 12.-1-23; thence,

103. Southerly, along the easterly line of tax account number 12.-1-23, a distance of 304 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Phelps Road; thence,

104. Westerly, along a line 500 feet southerly of and parallel to the centerline of Phelps Road, through the lands of tax account number 12.-1-23 and 12.-1-19, across Airville Road (49.5 feet wide right-of-way), through the lands of tax account numbers 12.-1-14.2, 12.-1-14.1, 12.-1-13, 12.-1-12, 12.-1-9.1, and 12.-1-8, a distance of 6,046 feet, more or less, to the easterly line of tax account number 12.-1-4.121; thence,

105. Southerly, along the easterly line of tax account number 12.-1-4.121, a distance of 412 feet, more or less, to the southeasterly corner of tax account number 12.-1-4.121 and the northerly line of the Tonawanda Creek; thence,

106. Westerly, along the northerly line of the Tonawanda Creek, and along the southerly lines of tax account numbers 12.-1-4.121, 12.-1-4.21, 12.-1-4.11, 12.-1-3, 12.-1-2, 12.-1-1, 9.-2-6, 9.-1-11, and 9.-2-14.1, a distance of 6,728 feet, more or less, to the southeasterly corner of tax account number 9.-2-12; thence,

107. Northwesterly, along a southerly line of tax account number 9.-2-14.1, a distance of 149 feet, more or less, to the northeasterly corner of tax account number 9.-2-12; thence,

108. Southwesterly, along a southerly line of tax account number 9.-2-14.1, a distance of 526 feet, more or less, to the northwesterly corner of tax account number 9.-2-13; thence,

109. Westerly, along southerly lines of tax account numbers 9.-2-14.1 and 9.-2-14.2, a distance of 407 feet, more or less, to the southwesterly corner of tax account number 9.-2-14.2; thence,

110. Southerly, along an easterly line of tax account number 9.-2-31.11, a distance of 81 feet, more or less, to a northwesterly corner of tax account number 9.-2-15.11; thence,

111. Easterly, along the southerly line of the Tonawanda Creek and the northerly lines of tax account numbers 9.-2-15.11, 9.-2-15.212, and 9.-2-15.211, a distance of 1,148 feet, more or less, to the easterly line of tax account number 9.-2-15.211; thence,

112. Southerly, along the easterly lines of tax account numbers 9.-2-15.211 and 9.-2-15.22 and a southerly extension of the easterly line of tax account number 9.-2-15.22, a distance of 795 feet, more or less, to the centerline of Fuller Road (66 feet wide right-of-way); thence,

113. Easterly, along the centerline of Fuller Road, a distance of 348 feet, more or less, to the northerly extension of the easterly line of tax account number 9.-2-17; thence,

114. Southerly, along the northerly extension of the easterly line of tax account number 9.-2-17 and the easterly line of tax account number 9.-2-17, a distance of 437 feet, more or less, to the northwesterly corner of tax account number 9.-2-10.12; thence,

115. Easterly, along the northerly lines of tax account numbers 9.-2-10.12 and 9.-2-10.11, a distance of 435 feet, more or less, to the westerly line of tax account number 9.-2-8; thence,

116. Northerly, along the westerly line of tax account number 9.-2-8, a distance of 82 feet, more or less, to a point 500 feet northerly of and parallel to Indian Falls Road (66 feet wide right-of-way); thence,

117. Easterly, along a line 500 feet northerly of and parallel to Indian Falls Road, through the lands of tax account numbers 9.-2-8, 9.-2-7.21, 9.-2-7.12, and 12.-1-76, a distance of 2,333 feet, more or less, to the easterly line of tax account number 12.-1-76; thence,

118. Southerly, along easterly line of tax account number 12.-1-76, a distance of 35 feet, more or less, to a northwesterly corner of tax account number 12.-1-80.1; thence,

119. Easterly, along a northerly line of tax account number 12.-1-80.1, a distance of 125 feet, more or less, to the southwesterly corner of tax account number 12.-1-81; thence,

120. Northerly, along the westerly line of tax account number 12.-1-81, a distance of 187 feet, more or less, to the northwesterly corner of tax account number 12.-1-81 and the southerly line of the Tonawanda Creek; thence,

121. Easterly, along the northerly lines of tax account numbers 12.-1-81, 12.-1-82, and 12.-1-83 and the southerly line of the Tonawanda Creek, a distance of 535 feet, more or less, to the northeasterly corner of tax account number 12.-1-83; thence,

122. Southerly, along the easterly lines of tax account numbers 12.-1-83, 12.-1-84, 12.-1-85, and 12.-1-86, a distance of 616 feet, more or less, to the northerly line of tax account number 12.-1-6; thence,

123. Easterly, along the northerly line of tax account number 12.-1-6, a distance of 421 feet, more or less, to the westerly line of tax account number 12.-1-5.11; thence,

124. Northerly, along the westerly line of tax account number 12.-1-5.11, a distance of 644 feet, more or less, to the northerly corner of tax account number 12.-1-5.11 and the southerly line of the Tonawanda Creek; thence,

125. Southeasterly, along the northerly lines of tax account numbers 12.-1-5.11 and 12.-1-7.112 and the southerly line of the Tonawanda Creek, a distance of 804 feet, more or less, to the northeasterly corner of tax account number 12.-1-7.112; thence,

126. Southerly, along the easterly line of tax account number 12.-1-7.112, a distance of 376 feet, more or less, to the northwesterly corner of tax account number 12.-1-103; thence,

127. Easterly, along the northerly line of tax account number 12.-1-103, a distance of 165 feet, more or less, to the westerly line of tax account number 12.-1-105; thence,

128. Northerly, along the westerly line of tax account number 12.-1-105, a distance of 395 feet, more or less, to the northwesterly corner of tax account number 12.-1-105 and the southerly line of the Tonawanda Creek; thence,

129. Southeasterly, along the northerly lines of tax account numbers 12.-1-105, 12.-1-7.12, and 12.-1-7.2 and the southerly line of the Tonawanda Creek, a distance of 588 feet, more or less, to the northeasterly corner of tax account number 12.-1-7.2; thence,

130. Southerly, along the easterly line of tax account number 12.-1-7.2, a distance of 52 feet, more or less, to a point 500 feet northerly of and parallel to the centerline of Indian Falls Road; thence,

131. Easterly, along a line 500 feet northerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 12.-1-10.1, 12.-1-11.2, 12.-1-11.11, 12.-1-11.12, 12.-1-15.1, and 12.-1-16, across Airville Road, through the lands of 12.-1-55, 12.-1-54, 12.-1-53, 12.-1-52, and 12.-1-45, a distance of 8,000 feet, more or less, to an easterly line of 12.-1-45 and a westerly line of the Existing Town of Pembroke Water District No. 1; thence,

132. Southerly, along a westerly line of the Existing Town of Pembroke Water District No. 1 and the easterly line of tax account number 12.-1-45, across Indian Falls Road, and along the easterly line of tax account number 12.-1-48, a distance of 950 feet, more or less, to the southeasterly corner of tax account number 12.-1-48 and a southwesterly corner of the Existing Town of Pembroke Water District No. 1; thence,

133. Westerly, along the southerly lines of tax account numbers 12.-1-48 and 12.-1-50.1, a distance of 1,694 feet, more or less, to the southwesterly corner of tax account number 12.-1-50.1; thence,

134. Northerly, along the westerly line of tax account number 12.-1-50.1, a distance of 197 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Indian Falls Road; thence,

135. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 12.-1-59, 12.-1-61.2, 12.-1-61.1, 12.-1-62, and 12.-1-63.111, a distance of 3,776 feet, more or less, to a southerly extension of the easterly line of tax account number 12.-1-90.1; thence,

136. Northerly, along a southerly extension of the easterly line of tax account number 12.-1-90.1, a distance of 51 feet, more or less, to the southeasterly corner of tax account number 12.-1-90.1; thence,

137. Westerly, along the southerly lines of tax account numbers 12.-1-90.1, 12.-1-106.1, and 12.-1-63.112, along a westerly extension of the southerly line of tax account number 12.-1-63.112 through the lands of tax account number 12.-1-63.111, and along the southerly lines of tax account numbers 12.-1-63.12 and 12.-1-102, a distance of 1,279 feet, more or less, to a southwesterly corner of tax account number 12.-1-102; thence,

138. Northwesterly and northerly, along the westerly lines of tax account number 12.-1-102, a distance of 179 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Indian Falls Road; thence,

139. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 12.-1-101, 12.-1-64.1, 12.-1-65, 12.-1-66.1, and 12.-1-66.21, a distance of 1,801 feet, more or less, to the easterly line of tax account number 12.-1-66.22; thence,

140. Southerly, along the easterly line of tax account number 12.-1-66.22, a distance of 225 feet, more or less, to the southeasterly corner of tax account number 12.-1-66.22; thence,

141. Westerly, along the southerly line of tax account number 12.-1-66.22, a distance of 460 feet, more or less, to the easterly line of tax account number 12.-1-69; thence,

142. Southerly, along the easterly line of tax account number 12.-1-69, a distance of 287 feet, more or less, to the southeasterly corner of tax account number 12.-1-69; thence,

143. Westerly, along the southerly line of tax account number 12.-1-69, a distance of 469 feet, more or less, to the southwesterly corner of tax account number 12.-1-69; thence,

144. Northerly, along the westerly line of tax account number 12.-1-69, a distance of 531 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of  Indian Falls Road; thence,

145. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 12.-1-70 and 12.-1-72, a distance of 1,642 feet, more or less, to the westerly line of tax account number 12.-1-72; thence

146. Northerly, along the westerly line of tax account number 12.-1-72, a distance of 37 feet, more or less, to the southeasterly corner of tax account number 12.-1-73.12; thence,

147. Westerly, along the southerly lines of tax account numbers 12.-1-73.12, 12.-1-73.11, and 10.-1-15.1, a distance of 1,035 feet, more or less, to an easterly line of tax account number 10.-1-16.1; thence,

148. Southerly, along an easterly line of tax account number 10.-1-16.1, a distance of 42 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Indian Falls Road; thence,

149. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 10.-1-16.1 and 10.-1-11.2, a distance of 1,552 feet, more or less, to the easterly line of tax account number 10.-1-10.2; thence,

150. Southerly, along an easterly line of tax account number 10.-1-10.2, a distance of 90 feet, more or less, to the southeasterly corner of tax account number 10.-1-10.2; thence,

151. Westerly, along the southerly line of tax account number 10.-1-10.2, a distance of 140 feet, more or less, to a southwesterly corner of tax account number 10.-1-10.2; thence,

152. Northerly, along a westerly line of tax account number 10.-1-10.2, a distance of 90 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Indian Falls Road; thence,

153. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 10.-1-10.1 and 10.-1-9, a distance of 889 feet, more or less, to the easterly line of tax account number 10.-1-8; thence,

154. Southerly, along an easterly line of tax account number 10.-1-8, a distance of 13 feet, more or less, to the southeasterly corner of tax account number 10.-1-8; thence,

155. Westerly, along the southerly line of tax account number 10.-1-8, a distance of 218 feet, more or less, to a southwesterly corner of tax account number 10.-1-8; thence,

156. Northerly, along the westerly line of tax account number 10.-1-8, a distance of 9 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Indian Falls Road; thence,

157. Westerly, along a line 500 feet southerly of and parallel to the centerline of Indian Falls Road, through the lands of tax account numbers 10.-1-7, 10.-1-5, and 10.-1-4, a distance of 1,560 feet, more or less, to a point, 500 feet easterly of and parallel to the centerline of Alleghany Road; thence,

158. Southerly, along a line 500 feet easterly of and parallel to the centerline of Alleghany Road, through the lands of tax account numbers 10.-1-4, 10.-1-29.2, 10.-1-28, and 10.-1-29.12, a distance of 4,208 feet, more or less, to the southeasterly line of tax account number 10.-1-29.12 and the northerly line of the New York State Thruway (I-90) (right-of-way varies); thence,

159. Southwesterly, along the southeasterly lines of tax account numbers 10.-1-29.12 and 15.-1-4, across Alleghany Road, and along the southeasterly line of tax account number 15.-1-2 and the northerly line of the NYS Thruway (I-90), a distance of 1,232 feet, more or less, to a point 500 feet westerly of and parallel to the centerline of Alleghany Road; thence,

160. Northerly, along a line 500 feet westerly of and parallel to the centerline of Alleghany Road, through the lands of tax account numbers 15.-1-2, 10.-1-30, and 10.-1-3.1, a distance of 4,745 feet, more or less, to a point 500 feet southerly of and parallel to the centerline of Gabbey Road; thence,

161. Westerly, along a line 500 feet southerly of and parallel to the centerline of Gabbey Road, through the lands of tax account number 10.-1-3.1, a distance of 2,346 feet, more or less, to the easterly line of tax account number 10.-1-3.2; thence,

162. Southerly, along an easterly line of tax account number 10.-1-3.2, a distance of 1,797 feet, more or less, to the southeasterly corner of tax account number 10.-1-3.2; thence,

163. Westerly, along the southerly line of tax account number 10.-1-3.2, a distance of 335 feet, more or less, to a point 500 feet easterly of and parallel to the centerline of Gabbey Road; thence,

164. Southerly, along a line 500 feet easterly of and parallel to the centerline of Gabbey Road, through the lands of tax account number 10.-1-31.111, a distance of 275 feet, more or less, to an easterly extension of a southerly line of tax account number 10.-1-31.111; thence,

165. Westerly, along an easterly extension of a southerly line of tax account number 10.-1-31.111, a southerly line of tax account number 10.-1-31.111, and a northerly line of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1, a distance of 500 feet, more or less, the centerline of Gabbey Road and a northeasterly corner of the Existing Extension No. 1 to the Existing Town of Pembroke Water District No. 1, and the point of beginning.

The water district boundary map as described above will exclude the following land locked tax account parcels that fall within the described boundary as listed below:

Drawing Number WD-4A

8.-1-48.2         8.-1-32.1         14.-1-82          8.-1-29.2         9.17-1-7.1       9.17-1-25       

9.17-1-14        9.17-1-15        9.17-1-22        9.17-1-23        9.17-1-24        9.17-1-41

9.17-1-26        9.17-1-27        9.17-1-28        9.17-1-39        9.17-1-40        9.17-1-47       

9.17-1-42        9.17-1-43        9.17-1-44        9.17-1-45        9.17-1-46        9.18-1-33       

9.17-1-71.2     9.18-1-29        9.18-1-30        9.18-1-31        9.18-1-38                   

9.18-1-34.1     9.18-1-35.11   9.18-1-36        9.18-1-37        9.17-1-11                   

Drawing Number WD-4B

9.-2-25.112     12.-1-107                   

Town of Pembroke Water District No. 4, as described above contains approximately 2,581 acres of land.

All as shown on a map prepared by Clark Patterson Lee, “Town of Pembroke Water System Improvements – Proposed Water District No. 4”, Drawing Numbers WD-4A and WD-4B, dated July 10, 2018.         

WHEREAS, the improvements proposed consist of construction and maintenance of a water system, to serve the said district, including water mains, and distribution pipes to be installed at the sole expense of the residents of the district and no public funds will be expended therefore; and

WHEREAS, the maximum amount proposed to be expended for the improvements (or, the maximum amount proposed to be expended for the performance or supplying of services) as stated in the said Map. Plan and Report is the sum of Nine Million Fifty Six Thousand and no/100 Dollars ($9,056,000.00) of which Three Million Seven Hundred Forty-Four Thousand Dollars and no/100 ($3,744,000.00) will be provided by USDA Rural Development in the form of a grant and Five Million Three Hundred Twelve Thousand Dollars and no/100 ($5,312,000.00) will be provided by a loan from USDA Rural Development at a rate of 1.25% over a period of 38 years; and

WHEREAS, the total estimated cost after the first year of service for equivalent dwelling units is $962.00, of which $466.00 will be paid toward debt service and $496.00 will be paid toward annual water costs (including operation and maintenance costs) Total one time estimated costs per equivalent dwelling unit for installation are estimated to be $1,140.00. The permission of the Office of the State Comptroller is required prior to District formation.

NOW THEREFORE IT IS HEREBY:

ORDERED, that a public hearing before the Town Board of the Town of Pembroke, shall be held at the Town Hall, 1145 Main Road Corfu, New York on the 9^th day of February, 2023 at 6:30 p.m. to hear the residents and landowners in the proposed District interested in the subject thereof, concerning the same, and for such other action on the part of said Town Board as may be required by law or proper in the premises.                                                                 Dated:  January 18, 202   

Motion made by: Councilwoman Manne
Seconded by: Supervisor Schneider
Ayes: Manne, Arnold, Schneider
Nays: None

APPROVED by: Unanimous vote (3-0)

State of New York)

County of Genesee)    ss:

            I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 18^th of January, 2023, and that the same is a true and correct copy of said original and of the whole thereof.

            In Testimony whereof, I have hereunto set my hand and affixed the seal of said Town, this 18^th day of January, 2023.

                                                                                                Nicole M. Begin

Town Clerk of the Town of Pembroke, Genesee County, New York

Press release:

The Batavia Save-A-Lot recently conducted a holiday food drive in support of local Catholic Charities’ clients needing emergency assistance.

Catholic Charities is planning a parish pop-up event at one of the local churches in the near future to distribute the 72 bags of groceries generously donated by Save-A-Lot to help those in need in Genesee County.

Submitted photos. Pictured are Kelly Grimaldi, district director for Catholic Charities in Genesee, Orleans and Wyoming counties, and Save-A-Lot employees Cheryl and Skarlette, and Kayla, store manager, with the donated groceries.