Press release:

The Batavia Police Department announced Friday that it has joined the nationwide OffenderWatch sex offender registry network. This enables collaboration on investigations and sharing of critical information involving registered sex offenders with more than 4,000 other local law enforcement agencies across the country.

In addition, residents of Batavia can use the Batavia Police Department’s website to search for sex offenders residing in their neighborhood and subscribe to receive email alerts from the Batavia Police Department.

OffenderWatch is the nation's leading sex offender registration solution, with law enforcement agencies in 39 states using the technology and more than 15,000 users.

Local and state agencies use the software to keep track of registered offenders across jurisdictions, collaborate on interagency operations, and automatically notify the community through the Genesee County website and email alerts.

The public is encouraged to subscribe to free email alerts from the police department.

THE HOPE IS FOR FEWER VICTIMS

“The Batavia Police Department is pleased to join the coast-to-coast OffenderWatch network in order to better share information with the community, coordinate investigations, and collaborate on sex offenders,” said Police Chief Shawn Heubusch. “When a registered offender moves from outside the city into Batavia, officers save countless hours researching and re-entering data because the offender record is seamlessly shared from one agency to the other.

"OffenderWatch builds a history of the data we have on file, and this facilitates registry staff, investigators and others working together. So, our officers can be more proactive in offender management and keeping the community aware.”

There are more than 900,000 registered sex offenders in the United States, according to the National Center for Missing & Exploited Children. However, agencies often use disparate systems for managing sex offenders. OffenderWatch allows different law enforcement agencies to collaborate on a single offender record, improving accuracy and aiding in public safety.

“We believe data shared between law enforcement agencies leads to better investigations and safer cities and counties,” said Mike Cormaci, president, and cofounder of OffenderWatch. “With the Batavia Police Department joining our network, OffenderWatch now has most of the nation's children covered by our reach — hopefully leading to fewer victims.”

OffenderWatch allows the police department to better collaborate on investigations with the U.S. Marshals, Internet Crimes Against Children (ICAC) teams and other investigators. Further, the citizens of the City of Batavia now have at their disposal the OffenderWatch page for searching and real-time email alerting of sex offender movement within their community.

To learn more about OffenderWatch and sign up for email alerts on offenders, visit http://www.offenderwatch.com.

The first big concert weekend of 2021 at The Ridge NY kicked off Friday with Rochester's country singer/songwriter Claudia Hoyser. The night was also a celebration of her birthday and the release of her new album, "Red Lights Turning Green."

This afternoon gates open at 4 o'clock at The Ridge for a concert headlined by Travis Tritt. Also performing are opening acts Julian Eliza Music & Sunshine James, and the Shaun Abbott Band. VIP tickets, with special seating and pre-event party, are sold out. General admission (bring your own chair) seating is still available.

The Ridge is located at 8101 Conlon Road, Le Roy.

Batavia Downs Friday night summer concert series brought Steve Augeri (formerly of Journey) in town last evening.

Augeri and his band performed classics like “Open Arms,” “Stone in Love” and “Separate Ways” that highlighted some greatest hits in the '80s that are still played today.

Next Friday’s show features Molly Hatchet at Batavia Downs.

Photos by Steve Ognibene Photography.

A high-ranking official of the local industrial development agency that owns the Western New York Science and Technology Advanced Manufacturing Park says Plug Power’s investment in the Town of Alabama site will more than offset the loss in revenue caused by removing about 1,100 acres of mostly farmland from the tax rolls.

That official, Mark Masse, is senior vice president of operations for the Genesee County Economic Development Center.

“I know that people get upset with farmland coming out of production but when you have projects like Plug Power that can give you a 10 to 25 times rate of return, that is a significant help – not only to the agricultural community but also your residents,” Masse said.

“We do not give money away. We do not give out bags of cash. That is what everybody seems to have a misconception about. We give an abatement, so they don’t pay the tax.”

Masse and Jim Krencik, the agency’s director of marketing and communications, sat down with The Batavian earlier this week at their Upstate Med & Tech Park office on R. Stephen Hawley Drive to talk about STAMP and the GCEDC’s other ventures.

According to Masse, the agency has acquired 25 parcels equating to 1,144 acres of STAMP’s total of 1,250 acres. He said the assessed value of those properties is about $3 million.

He said that based on 2020 tax rates, that comes to about $104,00 a year for all three taxing jurisdictions – the Town of Alabama, Oakfield-Alabama Central School and Genesee County.

“So, if you were to say that we owned all of those properties for the 10 years – which we didn’t, because we acquired them over time – so you couldn’t apply 10 years to all of them,” he said. “But if you did, that would just be about a million dollars in tax revenue lost over 10 years.”

‘A SIGNIFICANTLY BIGGER PAYBACK’

Masse said that pales in comparison to what Plug Power, the Latham-based producer of green hydrogen fuel cells, will be paying to those three entities as a result of agreeing to build a $232.7 million manufacturing plant and $53 million, 345/115 kilovolt electric power substation at STAMP.

“The Plug Power project will generate a significantly bigger payback than all of those combined,” he said. “So, that’s the big windfall, so to speak, for these municipalities. These are 20-year agreements we’re entering into for Plug Power and those payments are about $1.4 million a year to the taxing jurisdictions, compared to previously collecting only $104,000.”

The contract with Plug Power includes a PILOT (payment in lieu of taxes), community benefit agreement and community education agreement. Masse said those are classified together as a property tax and it is "additional revenue for the taxing jurisdictions being driven by the project.”

Directors of the GCEDC have approved $118.8 million in property tax ($117.7 million) and sales tax ($1.1 million) abatements for Plug Power.

Krencik said the incentives are based on Plug Power’s performance outlook, including a pledge to create 68 full-time jobs, with salaries and benefits equaling about $70,000 per job.

“When considering the company’s capital investment, job creation, initial investment and projected revenues, the estimate economic impact is $4.40 for every $1 of requested public investment,” he said. “Comparing that against all of our corporate taxpayers in Genesee County, aside from utilities (National Grid, National Fuel), when you look at a single-source business, such as a theme park or a manufacturer, this would make this project the largest single company taxpayer of all those in Genesee County.”

“Unlike when the land – mostly farmland -- was vacant and you had $104,000 in annual taxes, this $1.4 million that Plug Power is going to pay is on 30 acres,” Masse added. “So, that’s a significant rate of return that you see on these types of projects.”

KRENCIK: FOLLOWING THE MODEL

Plug Power is the first tenant at STAMP, which has sat dormant for many years. In 2016, Gov. Andrew Cuomo came to Batavia to announce that 1366 Technologies, a solar wafer manufacturer based in Massachusetts, would be building a facility at STAMP but that deal eventually fell through.

Krencik said the GCEDC was following a model used by other municipalities – acquiring land and working to install necessary infrastructure to attract interest from mega-companies such as Plug Power.

He said he understands how inactivity at these large sites could lead to public dissatisfaction, while the lack of progress isn’t as evident at smaller manufacturing parks, such as the Genesee Valley Agri-Business Park on East Main Street Road.

“That’s kind of been the model across all the towns – you typically see a shorter timeline on some of these things because they’re smaller projects, smaller sites, smaller infrastructure,” he explained. “In the case of an ag park, I don’t think you’d feel the same type of pressure where you may be thinking, ‘Is there a loss there?’

“There are acres in the ag parks that currently are not on the tax rolls, but, of course, you already see the benefit in Batavia where you have two very large operations that are significant contributors to the town, city schools and the county (HP Hood and Upstate Milk Cooperative).”

Masse agreed, adding that the GCEDC is running out of acreage, “but that’s a good problem to have.”

MASSE: FARMERS BEAR THE BURDEN

Getting back to STAMP, Masse said the GCEDC continues to pay the fire district fees on those properties as they are not tax exempt.

“So, the emergency fire support services are still being paid for all the properties that we own, with the tax based on the assessed values and fire district tax rate,” he said.

Masse also mentioned that many parcels zoned Agricultural receive property tax exemptions.

“Obviously, agriculture is the No. 1 industry in Genesee County and if you look at who bears the largest tax burden in the county it is farmers, because they own the majority of the land,” he said. “That’s why they try to give them some help with the ag exemption. They’ll scale them in over a time period.”

He brought up a municipal consumption study that was done in Amherst around a decade ago that showed that commercial enterprises consume about 80 cents in municipal services while residential consumes around $1.20 in municipal services.

“Everybody complains about these companies but, in the long run, they’re going to help subsidize the municipal services that the residents use more of,” he said. “That’s always our hope that we’re not only creating jobs but also creating additional tax base to alleviate the tax burden. Creating those jobs and having those people spend their money here … what they call the indirect and induced effect of that money being spent throughout your community.”

COMPANIES MUST MEET THEIR GOALS

Masse said companies’ economic impact projections are keys to determining if they qualify for tax incentives and the amount of those incentives.

“Firms are required in their applications to give us the number of full-time equivalent (jobs) that they believe will be created by their projects,” he said. “Back in October of 2015 or 2016, the law changed. Now, that job creation goal is put into our PILOT agreements and other agreements. If they do not achieve that, our board could consider cancelling their PILOT and making them claw back and basically, pay back the incentives that they took.”

He said the GCEDC tracks companies as long as they are receiving benefits and that the board of directors would likely would call in a company to find out why it didn’t reach its goals.

“So, for the 10 years of a PILOT, they are required to report to us their annual job numbers every year. We record them and input them into the New York State reporting system – PARIS (Public Authorities Reporting Information System),” he said. “It’s a public document that shows how many jobs were pledged and how many were created. Once the PILOT expires, the company is no longer required to report those jobs to us.”

Krencik credited Masse for staying in touch with the cities, towns and villages that usually initiate construction projects.

“Mark meets with the town, the school and the county folks more than I meet with members of my immediately family,” Krencik said. “He has kept that dialogue going. At the town board level, for example, that is a strong mode of communication.”  

STAMP DIVIDED INTO ‘DISTRICTS’

A look at the layout of STAMP reveals that it is divided into three “technology districts”:

• Technology District 1 -- a 600-acre parcel in the northern portion dedicated to high-tech manufacturing, including semiconductor, renewable energy and other advanced industries;

• Technology District 2 -- office, and research and development space;

• Technology District 3- -- area geared toward retail support services.

Masse said the concept was to create blocks of three semiconductor chip “fabs” that would open six million square feet for production, accommodating 930 employees.

“We went through the required State Environmental Quality Review, with the full build-out (as such) that if it’s within those thresholds, we really don’t have to do more work,” he said. “When we proposed to rezone the property, that is an action under SEQR and any proposed changes have to comply with SEQR.”

He said that’s what the GCEDC did in 2010 and “that took the better part of two years to get through that process.”

POWER, GAS LINES ARE RIGHT THERE

Masse also said that the presence of the nearby dual 345kV power lines and a National Fuel Empire Pipeline, a 24-inch natural gas transmission line, was a major reason the Town of Alabama location was selected.

“The 345 kV power lines take power from the Niagara Falls power station and run it down to New York City. We did a system impact study that revealed we can pull down 450 megawatts off of those lines,” he said. “With that, we would construct a very large, about a 10-acre substation (on the site), that would be a 345 to 115 kV – it would step the voltage down.”

As previously stated, Plug Power is funding this substation at a cost of about $53 million. Both the Plug Power plant and the substation are expected to be operational by December 2022.

Plug Power, along with the 30 acres it purchased for the green hydrogen facility, has a right of first refusal for an adjoining 30 acres for the possibility of future expansion.

The GCEDC has no applications for other major manufacturers at this time, Masse said. A couple months ago, it was rumored that Samsung was interested in placing a semiconductor manufacturing plant at STAMP.

INCREASED INTEREST IN STAMP?

When asked if Plug Power’s pending move to STAMP has generated more interest in the site, Masse said he’s hopeful that other businesses will take note. He did, however, mention that the COVID-19 pandemic “has driven a lot of companies to take a hard look at where they’re sourcing their products from and where are they selling their products to.”

“COVID broke a lot of supply chain issues throughout the world,” he said. “I think we’ve seen that with shortages and price increases of a lot of things. A lot of companies are doing a reassessment, saying we don’t ever want to go through that again.”

As a result, Masse said that companies are looking to locate new facilities coming out of COVID-19.

“So, one of the nice things about the Plug Project is that timelines are crucial to these companies – time is money to them,” he offered. “That substation is a major piece of infrastructure. Having that in place will go a long way toward alleviating companies’ concerns about that being available. We have the force main of the sewer project under construction. The only real long lead time item left will be the water from Niagara County, and we are just completing our design and engineering on that as well.”

Masse said he sees a light at the end of the tunnel.

“A lot of people say, well, it’s been 10 years and all you have done is build a road. They don’t see the amount of soft work, so to speak, that is in my office in about 2,000 pages worth of documents of archaeological, environmental, phase one, phase two – all the design and engineering you have to do and all the regulatory agencies you have deal with. That takes time, and that’s what we have been working on very diligently,” he said.

The development of STAMP has been beneficial to Town of Alabama residents already, he said, in that they gained access to municipal water.

“If we had not done this, they could not afford to get municipal water,” he said. “They had failing wells. A lot of those people were spending $1,500, $2,000 a year on replacing equipment because the water was so bad. And because we were able to fund a significant portion of the water, the town was able to add on and they’re going to end up covering about 95 percent of town residents with public water.”

CORPORATE PARKS IN FULL SWING

The GCEDC has invested tens of millions of dollars in the STAMP project, likely more than anticipated, but Masse said he is confident that the agency’s track record of success in Genesee County will produce a similar outcome in the Town of Alabama.

“If you look at our corporate parks, they’re almost all full at this time,” he said. “It was 2007 when the Ag Park was started. You can see the success that we have had there.”

The Genesee Valley Agri-Business Park is one of seven corporate parks owned by the GCEDC. Currently, HP Hood, Upstate Niagara and O-At-Ka Milk Products are running at high capacity and are expanding, Masse said.

The other corporate parks are as follows:

• Le Roy Food & Tech Park in the Town of Le Roy: BioWorks has just signed to take 60 of the park’s 75 acres, and the Le Roy Town Board has set a public hearing for July 8 to consider rezoning neighboring parcels for expansion.

Word has it that Great Lakes Cheese, an Ohio-based manufacturer, has approached individual landowners with purchase offers. Masse said Great Lakes Cheese has yet to apply to the GCEDC for incentives.

“We do not have any applications from any companies for that location,” he said. “A lot of companies will go out and do due diligence on sites. We do not own the property. Whoever is talking with private landowners is between them.”

• Apple Tree Acres, Bergen: Sixty-two percent of the acreage there is sold, with Liberty Pumps as the key tenant. Liberty Pumps is undergoing an expansion project as well.

• Gateway I and Gateway II Corporate Park, on both sides of Route 98 near the Thruway exit: “All of those acres are spoken for,” Masse said.

• Med Tech Center on R. Stephen Hawley Drive: The GCEDC has renovated 800 square feet of space in that building that is available for lease.

• Buffalo East Tech Park in Pembroke: Artisan cheese maker Yancey’s Fancy has a new plant there and a couple smaller businesses are being proposed for that site.

Masse said he believes that the more the public knows about economic development projects, the perception that the GCEDC is just an administrator of corporate welfare will subside.

“We’ve tried to do public outreach sessions, but they were poorly attended,” he said. “However, all of our agency business is open to public viewing. From a transparency standpoint, we are as transparent an organization as you’re going to find. Everything is on our website. Our board meetings are recorded and they’re Zoomed. Everything we have is out there under public authorities law.”

----------------

SENECA NATION FILES SUIT

In a separate development, Masse said it is agency policy to not comment on any pending litigation.

Earlier this month, the Tonawanda Seneca Nation filed a lawsuit in state Supreme Court in Genesee County, disputing the GCEDC’s determination that the Plug Power project would have no negative effect on the nation’s “Big Woods” land that is situated on the western end of STAMP.

According to the lawsuit’s preliminary statement, the Seneca Nation considers that area “as a property of religious and cultural significance” and that the Plug Power siting would infringe upon those grounds. The plaintiff also contends that the GCEDC did not provide notification prior to the completion of the environmental review process.

Photo at top: Mark Masse, right, and Jim Krencik at the Genesee County Economic Development Center on R. Stephen Hawley Drive; Photo at bottom: A look at the WNY STAMP site, with the Plug Power project area "X'd out" just south of the Technology District 1 area highlighted in purple. Photos by Mike Pettinella.

Just over an hour or so ago, cat owner David Austin emailed us to let everyone know his cat "Spot" was found and is home safely. You'll recall he went missing last weekend from his city residence.

"We found him hiding in a covered-up boat. Before I did though, I dug up a big part of my 145-year-old barn floor. There are gofer tunnels under there."

So, we can surmise that Spot felt duty bound to hunt the varmints. He heard a higher calling and answered it nobly. For shame thinking he was out for self-indulgent amusement when there's obviously work to be done on the property by an expert -- veritable catacombs to search for burrowing pests!

Spot's latest photo with that pointed expression tells the whole story. "You gotta problem with that?!"

Previously: Don't beam him up, Scotty! This cat is missing from MacArthur Drive and State Street

Penny Whiskey kicked off this summer’s Friday Night Jackson Square concert series. The band features a mix of Celtic, folk, rock and bluegrass all rolled into a hilarious show. Members play a variety of instruments like banjo, bodhran, whistles, mandolin, acoustic and electric guitar and flute.

Penny Whiskey offers the best in music from both Ireland and Scotland along with homegrown bluegrass, folk and rock influences and that touch of crunchy electric guitar that gets you on your feet.

Executive Director for the Batavia BID, Beth Kemp said, “The Batavia Business Improvement District is so thrilled to be able to host Jackson Square Summer Concert Series this summer! It has been a tough last year for our businesses and community and we are happy to be providing events and opportunities for people to come together again in our Downtown!”

For a complete list of Friday night concerts in the square, click here.

Photos by Steve Ognibene Photography.

Sight unseen.

The people who have signed contracts to rent the new third-floor apartments above Eli Fish Brewery Co. at 109-111 Main St. did so even before seeing the finish product, according to the building’s co-owner.

Matt Gray, who led a group of government and municipal agency officials on a tour of the apartments this afternoon, said the two two-bedroom and one one-bedroom units were rented about three months ago – well before completion.

“Yes, it was unsolicited,” he said. “We started receiving phone calls and emails down at Eli (Fish) wondering if we had apartments available. We told them that they were under construction and they still wanted to see them. And all three of them ended up being rented in March.”

Gray said the woman who is renting one of the two-bedroom flats in the historic J.J. Newberry building picked up the keys today and will be ready to move in on July 1.

“It really was the first time that she has seen it since drywall started to go up. She was very excited to see how it turned out,” he said, adding that none of the tenants (some are in their 30s and one is retired) are from Batavia.

The two-bedroom apartments are renting for $1,100 per month and the one bedroom is going for $800 per month.

City Council President Eugene Jankowski Jr., one of the people invited for a sneak peek, called the apartments “absolutely beautiful and I would love to live in an apartment like that as a young person or retired person.”

Jankowski said Gray and co-owner Matthew Boyd are fulfilling city leaders’ mission of creating a vibrant Downtown.

“That’s exactly what I had envisioned when they talked about apartments and people living above businesses and bringing a downtown neighborhood back to our community,” he said. “That’s a perfect place to start.”

Gray, when asked why people are being attracted to living above downtown buildings, said it was a matter of walkability.

“It’s a lifestyle. People that are looking to live Downtown want to be able to walk to entertainment, to dining, to shopping,” he offered. “One of the gentlemen who is moving in is excited because everything that he wants to do is nearby – even walking to the Muckdog game or the farmer’s market. It’s all right here.”

He said the demographics of tenants in the building’s seven apartments (there are four apartments on the second floor) are across the board.

“Whether they’re young or retired even, the desire is there to be social and to walk to where they want to go,” he said.

Construction of the new apartments was aided by a $137,600 grant from the state Downtown Revitalization Initiative, facilitated by the Batavia Development Corp., NY Main Street program, and a grant from the DRI Building Improvement Fund.

Photos at top: Matt Gray, center, conducts a tour of the new third-floor apartments above Eli Fish Brewery Co. on Main Street, Batavia, as, from left, Chris Suozzi, Penny Kennett, Mary Valle and Mark Masse look on; kitchen area of the one-bedroom apartment. Photos below: View onto Main Street of the front apartment; the large kitchen/living room of the two-bedroom unit at the rear of the building. Photos by Mike Pettinella.

Press release from Tim Hens, County Highway Superintendent:

Heading into the weekend, it looks like a few days of 90° weather are forecasted for our area.  It has been abnormally dry and this combo is exactly what causes water usage to spike. The County is continuing to urge all residents connected to the public water supply system to make small changes to conserve water usage.  Please avoid watering lawns, washing vehicles and any unnecessary water usage.  If you need to water a garden, please do so at night.  Small changes at the residential level add up quickly. 

From BPD -- Louis Morris has been located alive and unharmed. The Batavia Police Department would like to thank the public for the tips they sent in.

Press release:

The Batavia Police Department is seeking the public’s assistance in locating Lewis A. Morris who was reported missing from his home in the City of Batavia on June 25th.

Mr. Morris was last seen at his residence on June 25th at approximately 12:30 a.m. and reportedly may have left sometime before 3 a.m. Mr. Morris is believed to be with his vehicle, which is a 2011 Hyundai Sonata, 4-door sedan, black, with New York registration - JAT5955.

Morris is described as an African American male, age 66, there is currently no clothing description available. His photo accompanies this news release. Anyone who sees Morris, or his vehicle, should call their local law enforcement agency.

Please be prepared to provide his current location and clothing description. Anyone with information regarding this investigation is asked to call the Batavia Police Department without delay at (585) 345-6350.

LEGAL NOTICE

At a 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 24^th day of June, 2021.

PRESENT:

Thomas Schneider, Supervisor

Kathleen Manne, Councilperson

Thomas Dix, Councilman

Edward ll Arnold, Jr., Councilman

K. Warren Clark, Councilman

ORDER CALLING

PUBLIC HEARING

In the Matter of The Establishment of Water District #4           

in the Town of Pembroke, 

Genesee County, New York under Town Law Article 12-A.

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 2nd day of June 2021.

The map, plan and report were prepared by Clark Patterson Lee, Jeremy DeLyser, P.E., 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. 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 whichThree 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 in 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 .

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 Community Center, 116 East Main Street, Corfu, New York on the 8^th day of July, 2021 at 6:35 p.m. to hear all persons 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.

By order of the Pembroke Town Board

Dated:  June 24^th, 2021

LEGAL NOTICE

At a 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 24^th day of June, 2021.

PRESENT:

Thomas Schneider, Supervisor

Kathleen Manne, Councilperson

Thomas Dix, Councilman

Edward Arnold, Jr., Councilman

K. Warren Clark, Councilman

ORDER CALLING

PUBLIC HEARING

In the Matter of

The Establishment of Water District #5 (Pratt Road) in the Town of Pembroke,

Genesee County, New York under Town Law Article 12-A.

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 Clark Patterson Lee, Jeremy DeLyser, P.E., 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. 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,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,

  24. 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,

  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 whichNine 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 in the first year of service for equivalent dwelling units is 1,048.00, of which $551.00 will be paid toward debt service and $495.00 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 Community Center, 116 East Main Street, Corfu, New York on the 8^thday of July, 2021 at 6:40 p.m. to hear all persons 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.

By Order of the Pembroke Town Board

Dated:  June 24^th 2021

Press release:

Genesee Symphony Orchestra Reveal Event

Music Director S. Shade Zajac reveals the orchestra's 75th Anniversary Season -- Get to know YOUR orchestra!

• GSO Concert
• Upcoming Season Information for the 75th Anniversary Celebration
• T-shirts for sale with orchestra logo
• Food trucks for refreshments

WHEN?  4 p.m. Saturday, July 17

WHERE?  Austin Park, 15 Jefferson Ave., City of Batavia

Bring a chair, relax and enjoy the evening celebrating YOUR community orchestra!

Press release:

The Genesee Chorale invites you to join them for a unique Spring virtual performance at 7 p.m. on Saturday, June 26.

A Genesee County Sheriff's Deputy has received a "walk-up complaint" by a person regarding a golf cart full of teenagers operating somewhere on Asbury Road -- either in Town of Le Roy or Pavilion.

The deputy is responding.

Calling it a “straightforward” audit, a certified public accountant with the Freed Maxick firm in Batavia reported that the Batavia Development Corp. experienced a 16-percent increase in its net position from March 31, 2020 to the same date this year.

At Thursday’s monthly BDC meeting at the City Centre Council Chambers, Nicole Ryan reviewed financial statements from fiscal years 2020 and 2021, giving the agency’s board a comparative look at its activity.

She said that since there was no new activity for Creek Park Batavia LLC, a BDC entity, her presentation focused on the BDC.

The BDC’s net position increased from $172,469 as of March 31, 2020, to $199,931 as of March 31, 2021 (about a 16-percent jump), while the operating revenues increased by about $5,000 from 2020 (from $114,964 to $119,769) and expenditures decreased about $3,000 (from $95,136 to $92,307).

“So, overall, year to year, there wasn’t a large change in the activity – as expected based on the type of year that was had …,” Ryan said. “There wasn’t an abundant amount of information that we had to go over; there was minimal grant activity that took place this year, compared to previous years. Overall, it was very straightforward and a rather quick audit. Very painless.”

Ryan found that the agency’s cash flow increase of only $31,358 from the prior year “again was due to the minimal grant activity that took place.”

Receivables for 2021 totaled $125,750 with $81,428 as part of the financial close of the Ellicott Station and $44,322 as part of the Building Improvement Fund, which will be reimbursed through New York State Homes and Community Renewal.

All told, Ryan said the audit identified no material weaknesses or significant deficiencies, “so I don’t have any exhibits for any type of filings that would have been communicated during the process.”

Andrew Maguire, BDC director of economic development, said that in April the agency was awarded a New York Main Street Grant of $417,000 for the Theater 56 project. That transaction will be reflected in the 2021-22 fiscal year financial statement, he noted.

LEGAL NOTICE

TOWN OF PEMBROKE

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD OF THE TOWN OF PEMBROKE, NEW YORK

TO CONSIDER ADOPTING PROPOSED LOCAL LAW # 1 of 2021 ENTITLED, “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Pembroke, New York on the 8^th day of June, 2021 at 6:00 P.M. at the Pembroke Community Center, 116 East Main Street, Corfu, NY 14036, will propose Local Law No. 1 of 2021, entitled “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”, as summarized as follows:

LOCAL LAW NO. 1 OF THE YEAR 2021 OF THE TOWN OF PEMBROKE

A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW

The Land Separation Local Law of the Town of Pembroke known as Local Law No. 3 of 2003, is hereby amended by Local Law No. 1 of 2021 as follows:

ARTICLE I PURPOSE

This Local Law is enacted by the Town Board of the Town of Pembroke pursuant to the provisions of Section 10 of Municipal Home Rule Law to regulate the division of land into individual lots, when such divisions of land fail to meet the threshold for review as a subdivision as set forth in the Town of Pembroke Land Subdivision Regulations. It is declared to be the policy of the Town of Pembroke to consider land separations as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things, that lots created by land separations shall be of such character that they can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace; that proper provision shall be made for drainage, water supply, wastewater treatment, and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in compliance with the Town of Pembroke Zoning Law and in harmony with the development pattern of the neighboring properties.

ARTICLE II TITLE

This Local Law shall be known as "the Town of Pembroke Land Separation Local Law".

ARTICLE III DEFINITIONS

Clerk of Planning Board: The individual appointed by the Pembroke Town Board.

Formal Offer to Sell: Any offer to sell land, which involves a form of public offering including but not limited to real estate listings, auction listings, media advertising (printed, radio, television, etc.) or use of signs.

Land Separation: Any division of land into four or fewer lots within a three-year period, where all such developable lots or parcels: (1) front on an existing public street, (2) do not require the extension of municipal facilities, and (3) comply with all the area requirements (i.e., lot width, lot area, etc.) set forth in the Zoning Law or have received all necessary area variances. Any division of agricultural land for the purpose of continued agricultural use shall be considered a land separation and subject to the Town of Pembroke Land Separation Local Law.  The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel.  Public acquisitions by purchase of strips of land for the widening or opening of streets, or for the installation or construction of municipal facilities, shall not be included within this definition nor subject to these regulations. Land separation shall also include the division of land to allow the transfer of property between adjacent parcels, provided nonconforming lots or parcels are not created, no existing degree of nonconformity is increased, and the proposed division does not involve the alteration of lot lines or dimensions of any lots or sites shown on a subdivision plat previously approved and filed with the County Clerk.  Land separations shall be processed in compliance with the Town of Pembroke Land Separation Local Law unless the Planning Board deems it necessary for the protection of public health, safety, and welfare (i.e. storm water drainage, topography, etc.) that a land separation be processed as a subdivision.

Lot: A parcel of land intended for transfer of ownership or site development, that is presently occupied or capable of being occupied by a principal building or use and uses accessory to the principal building or use.

Municipal Facility: Facilities operated by either a municipality or governmental agency for the provision of potable water; collection, treatment and/or disposal of wastewater; lighting, stormwater and/or erosion control; or provision of/for transportation (streets, highways, etc.).

Property Owner: The owner of the property subject to the proposed land separation, or his/her duly authorized representative (such authorization shall be provided in writing).

Subdivision: Division of land into lots that is not considered a land separation as defined herein.

Subdivisions shall include but are not limited to the division of land into five or more lots in a three-year period, or division into any number of lots when such lots: (1) do not front on an existing public street, or (2) require the extension of municipal facilities. This definition shall apply when land is divided for the purpose, whether immediate or future, of transfer of ownership or development, and shall include re-subdivision. Once the division of land is determined to be a subdivision, the Town of Pembroke Subdivision Regulations shall apply to all such lots, including any previous lots divided within the prior three-year time period, regardless of whether said lots have been sold singly or collectively. The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel. Public acquisitions by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to said subdivision regulations. Once a subdivision has been created, any subsequent division of lots from the original tract of land, irrespective of when such division(s) occurs, shall be subject to review as a subdivision, unless such proposed lot(s) are greater than one-half mile from any point on the boundary lines of a lot(s) created by a previous subdivision.

Zoning Law: The officially adopted Zoning Law of the Town of Pembroke together with all amendments thereto.

ARTICLE IV PROCEDURE

Whenever any land separation is proposed, before any formal offer to sell any lots in such land separation, or any other part thereof, is made, and before any contract for sale is executed by the

property owner, the property owner shall submit a sketch plan and obtain written approval of such sketch plan in accordance with the procedures set forth in Section 1, 2 and 3 of this Article. Before any land is transferred or any permit for the erection of a structure is issued for such land, final authorization of said land separation shall be obtained as set forth in Section 4 of this Article.

SECTION 1     SUBMISSION OF SKETCH PLAN

A property owner shall, prior to undertaking a land separation, submit to the Clerk of thePlanning Board at least seven days prior to any regular meeting of the Board, a completed application for and eight copies of a Sketch Plan of the proposed land separation. The Sketch Plan shall show: (1) The entire parcel being divided, proposed lot lines, and (2) Any existing easements, deed restrictions or covenants affecting the property. At that time, the property owner shall also pay the Land Separation fee established by separate resolution of the Town Board.

SECTION 2     REQUIREMENTS AND CLASSIFICATION

The property owner shall attend the meeting of the Planning Board to discuss his/her proposal as set forth in the Sketch Plan. Classification of the Sketch Plan will be made at this time by the Planning Board as to whether the proposal qualifies as a land separation or must be processed as a subdivision.  When it deems necessary for protection of the public health, safety and welfare, the Planning Board may require a land separation to be processed as a subdivision in compliance with the Town of Pembroke Land Subdivision Regulations.

SECTION 3      PLANNING BOARD PRELIMINARY DECISION

The Planning Board and shall review the Sketch Plan to determine whether it meets the purpose of these regulations as set forth in Article I.  Land Separations are deemed Type 2 actions per NYSDEC. The Planning Board shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant into the proposal prior to submitting it for final authorization. When deemed necessary by the Planning Board, the applicant may be required to resubmit his/her revised proposal for review by the entire Planning Board prior to submitting it for final authorization.

Should the Planning Board Chairman and Code Enforcement Officer agree with a proposed Sketch Plan, and the proposed Sketch Plan creates a lot(s) that are in conformance with the Town of Pembroke Zoning Law and this Local Law, the Planning Chairman is authorized to grant Preliminary Approval.  Land Separations requiring mergers to conform with the Town of Pembroke Zoning Law or creating non-conforming parcels still require Planning Board approvals.

SECTION 4       FINAL AUTHORIZATION

Within 180 days of Planning Board approval, the property owner shall provide the Planning Board Chairperson, or his/her designee, three prints of a property survey prepared by a NYS Licensed Land Surveyor. This survey shall meet all the recommendations made by the Planning Board relative to the sketch plan. Upon determination that the survey complies with the Planning Board's recommendation, the Chairperson, or other duly designated Officer of the Planning Board, will sign the application, and provide the property owner with a copy of such application. Failure of the property owner to submit the required survey documentation to the Planning Board Chairperson, or his/her designee, within the 180-day time-period will render the Planning Boards approval null and void.

SECTION 5       FILING OF SURVEY(S) WITH COUNTY CLERK

Within sixty (60) days of obtaining final authorization from the Planning Board Chairperson, or

his/her designee, the property owner shall file the survey(s) at the Genesee County Clerk's Office. Failure of the property owner to file such documentation with the Genesee County Clerk within the specified time-period will render both the Planning Board's approval and final authorization null and void.

ARTICLE V            WAIVERS OR MODIFICATIONS

Where the Planning Board finds that special circumstances exist in a proposed Land Separation, it may waive or modify specific requirements of this Local Law, subject to appropriate conditions, provided that such waiver or modification shall not have the effect of nullifying the intent and purpose of the Town of Pembroke Land Separation Local Law, Subdivision Local Law, Zoning Law, Comprehensive Plan, or any existing master plan and official map. In granting said waivers or modifications, the Planning Board may require such conditions as will, in its' judgment, substantially secure the objectives of the standards or requirements so waived or modified.

ARTICLE VI           FEES

The Town of Pembroke has a Fee Schedule on file at the Town Clerk's Office. Copies of this Schedule are available and any fees due the Town must be paid in full before approvals are considered.

ARTICLE VII           VIOLATION AND PENALTY

A. Any violation of this Local Law shall be deemed an offense punishable by a fine and/or imprisonment as set forth in Section 268 of NYS Town Law. Each and every week such violation continues shall be deemed a separate and distinct violation.

B. It shall be further unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.

C. Appearance Ticket - The Zoning Enforcement Officer may issue an appearance ticket to any person who fails to respond to a notice of violation and written order to correct the violation.

D. The Zoning Enforcement Officer may, with permission of the Town Board, engage the Town Attorney or any other attorney approved by the Town Board to initiate legal action to enforce provisions of this Local Law.

E. In addition to the foregoing remedies, the Town of Pembroke and/or its appropriate officials and authorities may maintain an action for injunction to restrain, correct or abate any violation of this Local Law and/or maintain an action at law for damages sustained as a result of any violation of this Local Law and/or seek any other remedy permitted by law including Town Law Section 268. Damages shall include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.

ARTICLE VIII             SUPERSEDING AND REPEALER CLAUSE

All applicable statutes, laws and local ordinances; in conflict with the provisions of this Local Law, including Sections 276 and 277 of New York State Town Law, are hereby superseded to the extent necessary to give this Local Law full force and effect.

Town of Pembroke Local Law No. 1, of 1992 is hereby repealed.

ARTICLE IX              EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the New York State Secretary of State.

A turtle was in the road on Church Street in the Village of Le Roy, says a caller to dispatch, and now it's on the sidewalk but there are children playing with it. A Le Roy police officer is responding.

UPDATE 12:04 p.m.: "The turtle has been removed; that job can now be cleared," an officer tells dispatch.

Press release:

The Batavia Police Department would like to notify citizens that the State of Emergency declared by Governor Cuomo at the start of the COVID-19 pandemic ended today (June 24). Therefore, the extension of expiration dates for driver licenses and permits that expired on or after March 1, 2020 also ended today.

Expired drivers licenses and permits are no longer valid and need to be renewed with the Department of Motor Vehicles.