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Public hearing Monday invites input from homeowners for potential financial assistance

By Joanne Beck

Could your home use some TLC in the form of much-needed repairs?

The city wants to submit for a Community Development Block Grant to assist income-eligible, single-family homeowners with essential home improvements, and input is a crucial part of the process.

Assistant City Manager Erik Fix wants to hear from homeowners during a public hearing at 7 p.m. Monday in Council Chambers, second floor, City Hall.

Assistant City Manager Erik Fix
File Photo of Assistant City Manager Erik Fix, by Howard Owens.

“This grant, if we were awarded it, would coincide with our comprehensive housing strategy that we are in the process of developing.  It goes hand in hand with the Batavia Home Fund that the City, GCEDC and Town of Batavia signed an inter-municipal agreement to fund this past fall,” Fix said to The Batavian.  “The CDBG will provide funding for rehabilitation projects on owner-occupied, single-family home rehab projects throughout the city.  The hope is that when one neighbor makes improvements, others will as well, and the City can help foster rehabilitation throughout our communities.”

The Federal assistance Community Development Block Grant funds would enable homeowners to make home repairs with grant and deferred loan funding. Any single-family homeowner is encouraged to apply. The goal of the program would be to provide vibrancy to communities similar to recent improvements made to Summit Street to create vibrant transformations throughout the city.

This program will tie in with the city’s housing improvement plan and the recently created Batavia Home Fund. The process for CDBG applications involves one public hearing prior to the submission of any CDBG grant applications to provide residents with information about the CDBG program and to discuss community development needs and priorities.

In addition to the public hearing, Batavia city officials will be conducting a survey for city residents to understand the needs in the city. Surveys will be available on the city website, at Richmond Memorial Library, 19 Ross St., and at the City Manager’s office at City Hall. Surveys must be returned to the manager’s office by July 7.

The City will be partnering with LaBella Associates to complete the grant application, which is due August 7.

The hearing is part of a City Council conference session at City Hall. 

Monday's public hearings give time for input on budget, tax cap override and water increase

By Joanne Beck

A total operating budget of $33.5 million and tax cap override are not necessarily a done deal, City Councilman-at-large Bob Bialkowski says

Both of those issues are on the agenda for public hearings at the council’s next conference meeting. It’s set for 7 p.m. Monday, in the Council Board Room at City Hall.

Council had two budget workshops earlier this month to review the proposed 2023-24 budget, ask questions and make potential suggestions or amendments. No amendments were made to the spending plan, however, a final vote has not yet been cast, Bialkowski said.

“I’ve had a lot of constituents complain about it,” he said to The Batavian.

He hopes that citizens attend the hearing to make their feelings known for the record.

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In her memo to council, City Manager Rachael Tabelski said that a general fund of $19.4 million balances revenues and expenses and includes considerations for increased costs of 8 percent inflation, double diesel fuel, $400,000 in employee wages, $300,000 in retirements, $475,000 in health care and 15 to 40 percent hikes in utilities and materials, including salt, gas and electric.

Employee expenses include nonunion raises effective April 1 for 15 positions ranging from secretary to the city administrator to city manager.

City Council conducted its usual annual performance appraisal for the city manager, Council President Eugene Jankowski Jr. said, per conditions of the manager’s contract. He would not provide any additional comments about the manager’s performance. Her raise is set to go from an initial $112,000 to an adjusted 117,600 and then to $121,128 for the 2023-24 budget year, based on “highest union” numbers.

Positions of human resources director, assistant manager, police chief, and fire chief, and public works director are slated for an $8,000 increase from the initial 2022-23 figure to 2023-24 budget year, for salaries of $111,687 for the first three positions, respectively; $106,453 for fire chief; and $96,194 for DPW director.

City Council recently approved increases for police personnel that would incrementally boost salaries by 3 percent in the first year and 2.5 percent in the second and third years as part of union negotiations. Council members, including Jankowski, Tammy Schmidt, and Kathy Briggs, had agreed that the increases were warranted as ways to attract and retain quality employees and remain competitive with other similarly sized cities.

If the council approves the budget, which requires a larger tax levy than allowable by state mandate, the tax cap override would also have to go to vote and be approved by at least a 60 percent yes vote of council. The proposed tax levy is $6.6 million, however, Tabelski is recommending a stable tax rate of $8.94, which is the current rate. She has said there are to be no new assessment increases this year — unless substantial improvements have been made to one’s property — which may be of little consolation for those still adjusting to the last two years of hikes. Bottom line is that a flat tax rate has meant a bigger property tax bill due to a higher assessment.

There is a third public hearing regarding new water rates, meter fees, and a capital improvement fee. The proposed water rate increase is 30 cents more per $1,000 gallons of water. This measure is to cost a typical family of four $60 more per year, Tabelski said.

There is time allotted for public comments during the meeting. Sign up with the city clerk before it begins.

To view the agenda and related documents, go HERE.

File Photo of City Manager Rachael Tabelski by Howard Owens.

County salary increases on tap for public hearing

By Joanne Beck

There will be a public hearing on Nov. 21, the same date the Genesee County Legislature is to adopt a 2023 budget, regarding a 2.5 percent salary and cost of living increase and/or any step upgrades for several county positions.

The employees listed in the local law for vote by the county Legislature have to go through this process every year they get a salary increase in the middle of their elected or appointed term.  When an elected or appointed official starts a new term they do not need to be listed in the annual resolution, County Manager Matt Landers said. 

“Employees in different bargaining units received an increase that their current contract calls for, along with any steps they are still eligible for, and any grade adjustments that were negotiated,” Landers said to The Batavian.

For example, he said, if the county clerk were up for election in November, he would not need to be listed in this resolution.  But since he is getting a cost of living adjustment and step increase mid-term, he is required to be listed.

The county resolution is to approve the following salaries to be effective Jan. 1, 2023:

  • Commissioner of Elections (2) -  $53,966
  • Director of Human Resources - $102,565
  • Commissioner of Social Services - $95,325
  • County Clerk - $105,819
  • Treasurer - $111,639
  • Sheriff - $117,121
  • Highway Superintendent - $128,922
  • County Attorney - $137,519
  • Public Defender - $111,239

The public hearing has been set for 5:30 p.m. Nov. 21 at the Genesee County Courthouse, 7 Main St., Batavia.

New county jail creates more expense, 2 percent levy increase while assessments create lower tax rate

By Joanne Beck

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A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

Batavia City Schools' residents invited for comments about Safety Plan

By Joanne Beck

Lockdowns, evacuations, responses to violent threats: they’re all part of the city school’s current District-wide Safety Plan table of contents.

They -- and the several remaining topics -- are also up for comment during a public hearing this week.

“It is a requirement of the board to hold a public hearing and reading of the proposed safety plan and allow the public 30 days to comment or ask questions,” Superintendent Jason Smith said Wednesday to The Batavian.

The hearing is set for 6 p.m. Thursday at the Batavia High School superintendent's conference room, 260 State St., Batavia. It is a prelude to the city’s Board of Education meeting that follows.

“Our plan continues to implement global school safety ‘best practices.’ Each school has a customized safety plan specific to its building that cannot be shared with the public,” Smith said. “The only change to this year’s district-wide plan will include personnel updates, which will be discussed on Thursday.”

The plan is available for review HERE.

Batavia City Schools’ Safety Committee is chaired by Director of Health, Physical Education and Athletics Mike Bromley, and includes members of the faculty and staff from throughout the district. The committee has reviewed and approved the Safety Plan, and submitted it to the board for final vote (after the hearing period is complete).

“As always, community members are welcome to attend the Board of Education meeting on Thursday or watch via our District YouTube channel,” Smith said. “Comments, questions, and feedback are welcome and will be reviewed by the Board prior to the final implementation of the plan.”

He also suggested that parents and community members can send comments or questions to District Chairman Mike Bromley at mbromley@bataviacsd.org

Other items for the board meeting include discussion about district needs and the position of School Resource Officer;  presentations by school and administrative staff; the superintendent’s report; and board votes on several resignations, appointments and contracts.

Two advocates speak out about opting in for cannabis dispensaries

By Joanne Beck

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Kelly March is a mother of three teenagers, a local business owner, and someone who believes in following state mandates. 

The Batavia resident is also a patient advocate and cannabis ambassador who encouraged Batavia Town Council members Wednesday to opt into allowing cannabis retail dispensaries.

"When you opt out, you’re not making it safer; you’re giving the legacy market license to flourish,” March said during a public hearing about proposed cannabis legislation that would allow dispensaries and on-site consumption of the product. 

March was one of two speakers and about a half dozen quiet supporters at Batavia Town Hall. She supports the reformed marijuana laws that would ensure safe, high quality cannabis in this area, she said. 

Otherwise, by opting out of the move, Town Council members are side-stepping legal ways to provide and sell marijuana, she said, and opening up opportunities for those that sell on the “legacy market.” Legacy is the more acceptable term nowadays for the previously used phrase “black” market, she said. 

“By banning the legalized market, it will increase use by the youth,” she said. “Batavia is a community rooted in farming. We have cannabis now … We want the right to be able to pursue our own business, just like distilleries in the area.”

March foresees craft cannabis products available, just as craft beer, wine and liquors have become popular. Aside from the business end of the issue, she also spoke of the Compassionate Care Act, which has gradually been adopting less restrictive policies so that patients have an easier way to access medical marijuana. Right now patients have had to deal with “a plethora of issues,” she said, including affordability and access due to dispensaries being at greater distances.

A medical card-carrying patient herself, March knows only too well the hassle of driving two hours to obtain relief through cannabis treatment, she said. Having to figure out what to do with one’s children while visiting a dispensary only compounds the problem, she said. 

March founded her business, Genesee Cannabis Club, in 2018. It provides educational programs for women to empower them as part of the work force, she said. There is no down side to allowing for dispensaries locally, she said. 

“I urge you to please think about it,” she said. 

Although Penelope Hamilton Crescibene is not a recreational cannabis user and was once “petrified” of all the pitfalls she heard about marijuana, she has become a vocal advocate of its use. Batavia was her sixth board visit to address issues of opting out of cannabis dispensaries, she said. 

“People are afraid of this change. The old fear-mongering is alive and well,” she said to The Batavian. “I get calls all day long from people needing help." 

Crescibene was diagnosed years ago with rheumatoid arthritis and the auto-immune disease of Sjögren’s syndrome. Once on heavy loads of prescription opioids to lessen the pain, she eventually turned to cannabis. Within 30 days she was off all opioid drugs, she said. 

“I learned all about the science. I learned about this plant,” she said during the hearing. 

The East Pembroke resident is director of community engagement for The Cannabis Community, which shares information through “education, awareness and access.” She is also a medical adviser for Empire State’s chapter of the National Organization for the Reform of Marijuana Laws, known as NORML, and wants to help inform individuals and groups about this topic.

There have already been cannabis sales locally, she said, and people are driving on the roads.

“We already know people are using this,” she said. “If it was legal, we would be able to grow it like apples. If you give the option of opting out, you are saying ‘you’re welcome to stay and continue your illicit sales.’  You’re also opting out of taxes.”

She urged the board to help address the stigma associated with who uses marijuana: the majority of people are patients medicating their health conditions, she said, versus the stereotypical notion that minorities are using it more heavily than other populations. 

“Let’s start working together and start educating,” she said.

During a previous meeting, Batavia Town Board voted to have the public hearing to obtain community member feedback on the resolution. One option is to enable the municipality to opt out of allowing cannabis retail dispensaries and on-site consumption sites through New York’s Marijuana Regulation & Taxation Act.

Supervisor Gregory Post had said he didn’t think the town had enough information from New York State to “enter into something that we could never get out of.” He suggested that the town take more time in making an affirmative decision. The board can always opt in at a later time, he said, once more details are available. Post had also expressed concern regarding the vote of five board members, citing that it probably “isn’t a clear and transparent representation of the whole community.”

The board will vote on the resolution at a future meeting. 

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Photo above: Penelope Hamilton Crescibene speaks during a Batavia Town Board public hearing to opt in or out of cannabis dispensaries.

Advocates Kelly March of Batavia and Penelope Hamilton Crescibene of East Pembroke advocate for allowing cannabis dispensaries and on-site consumption, per the Marijuana Regulation and Taxation Act in New York. 

Batavia Town Board receives feedback about its future vote on cannabis dispensaries during a public hearing Wednesday evening at Batavia Town Hall. 

Photos by Howard Owens. 

LEGAL NOTICE: Town of Pembroke sets Public Hearing on proposed Water District #4

By Legal Notices

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 24th 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 8th 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 24th, 2021

LEGAL NOTICE: Town of Pembroke sets Public Hearing on proposed Water District #5

By Legal Notices

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 24th 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 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 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 8thday 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 24th 2021

Public hearing on tentative 2020 county budget set for Nov. 6 at Old Courthouse

By Billie Owens

Notice of Public Hearing

Notice is hereby given that the Genesee County Legislature will meet at the Genesee County Old Courthouse, 7 Main St., Batavia, on Wednesday, Nov. 6, at 6 p.m. for the purpose of holding a Public Hearing on the Tentative Genesee County Budget for 2020.

A copy of the Tentative Budget will be available in the Office of the Clerk of the Legislature, 7 Main St., Batavia, where it may be inspected by any interested person.

Pursuant to Section 359 of the County Law, the maximum salaries that may be fixed and payable during said fiscal year to members of the Genesee County Legislature and to the Chair thereof are as follows:

  • Members of the Legislature -- $12,606 each
  • Chair of the Legislature -- $16,587

Public hearing on the next GCC budget is June 27 in the Old Courthouse

By Billie Owens

Notice of Public Hearing on Genesee Community College Budget

The Genesee County Legislature will hold a Public Hearing on the proposed budget for the Genesee Community College for the fiscal year beginning Sept. 1, 2018 at 5:30 p.m. on Wednesday, June 27, in the Old Courthouse, 7 Main St., Batavia.

All interested persons will be heard.

The Budget for Genesee Community College for the year Sept. 1, 2018 through Aug. 31, 2019 is $40,153,000 with Genesee County’s share as sponsor in the amount of $2,586,374.

Pamela LaGrou, Clerk

Genesee County Legislature 

GCEDC to hold public hearings for two projects - hotel at the Downs, plus offices

By Traci Turner

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) has scheduled public hearings on June 22 and June 23 for project applications submitted by ADK Hospitality, LLC, and Manning Squires Henning Co., Inc. The public hearings are required because both projects have applied for incentives totaling more than $100,000 from the GCEDC.

A public hearing for ADK Hospitality will be held at 7 p.m. on Monday, June 22 at Batavia Town Hall. The company is proposing to build an 82-room hotel connected to Batavia Down’s gaming facility. ADK Hospitality is seeking an estimated $638,193 in sales tax, mortgage tax and property tax exemptions. The planned capital investment is approximately $5.49 million.

A public hearing for Manning Squires Hennig Co. will be held at 4 p.m. on Tuesday, June 23, at Batavia Town Hall. The company is proposing to expand its corporate offices and maintenance facilities in the Town of Batavia by up to 5,000 square foot. Manning Squires Hennig Co. is seeking an estimated $170,556 in incentives.

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