pembroke

A Pembroke woman arrested earlier this year after more than 15 animals were found at her home on Akron Road in Pembroke in poor health entered a guilty plea in Pembroke Town Court to one count of animal abuse/failure to sustain under New York's Agriculture and Markets Law.

Lori Ann Adolf, 47, also entered a guilty plea to endangering the welfare of a child.

Both charges are Class A misdemeanors and could carry a maximum jail term of one year each, but under terms of the plea agreement, Adolf will likely be sentenced Oct. 13 to three years probation.

During those three years, Adolf cannot own, purchase, breed, or work with any animal of any kind.

The state does not have the authority to order her to own or keep animals for any period of time she's not on probation.

As part of the plea, Adolf also agreed to sign over six more dogs and two cats to the Genesee County Animal Shelter. Those animals are now available for adoption and as of yesterday had not been spoken for by any potential new owners.

Previously, Adolf had surrendered seven of the dogs to the shelter. 

Adolf will also be under the terms of a no-offensive-conduct order of protection in regard to the minor involved in the case.

She must also continue mental health and substance abuse care.

Previously:

• Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions
• Pembroke woman pleads not guilty to animal abuse charges, asks to keep 3 dogs and 2 cats
• Seven dogs going to new homes while criminal case against former owner remains pending

Photo: File photo of one of the dogs that had been in Adolf's care after being housed at the Animal Shelter for a few months.

Governmental leaders in the towns of Darien and Pembroke and Village of Corfu say they will be putting their heads together to determine how to proceed in connection with Genesee County’s new sales tax and revenue distribution proposal.

“We will be having a discussion in the coming days,” said Pembroke Town Supervisor Thomas Schneider Jr. this morning as he contemplates the pros and cons of the county’s offer to either share a fixed $10 million in sales tax revenue with towns and villages, or a combination of sales tax and other revenue over the next 38 years.

As indicated in a story on The Batavian on Friday, Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein presented their plan to town supervisors and village mayors last Wednesday at a meeting at the Old County Courthouse.

The amended strategy currently boils down to two options:

• The first one being a $10 million annual distribution of sales tax revenue, contingent upon all the county’s towns and villages opting into an updated water supply agreement by mid-August;

• The second one being that without universal update water supply agreements, the county would allot $7 million in annual sales tax distributions and pass annual revenue distribution resolutions for another $3 million – minus water surcharges to the municipalities that do not opt in.

Darien, Pembroke and Corfu have yet to agree to the revised plan.

Schneider, noting that the Town of Pembroke is proactive in “generating as much new business growth as possible,” said it is vital for his town to receive as much as possible in sales tax and/or revenue sharing.

“However, I don’t really like the fact that it’s a locked amount for 38 years,” he said. “With that, we don’t get to share in the growth, and we do include sales tax revenue in our budgets. We really don’t have a lot of power since we can’t collect sales tax.”

He said he also would like to see changes in the county’s Smart Growth plan, mentioning situations where some property owners are unable to hook into nearby water lines.

Schneider did acknowledge that the county is open to sharing more revenue over that period of time if conditions allow.

“I would think that if the county keeps more sales tax, then it would lower the tax rate or share more with the towns to take pressure off of the taxpayers,” he said, adding that Landers and Stein are scheduled to talk with Pembroke Town Board members at their workshop on July 22.

Darien Town Supervisor Steve Ferry Jr. mentioned that over the past 20 years, those three municipalities have been paying more for water than the other towns and villages due to the fact that the county has to buy water from Erie County “to supplement that because they can not move enough water efficiently through the county to get to us.”

“At this point in time, we’re paying $1.14 more (per 1,000 gallons) than what the rest of the county is paying,” he said, adding that no action has been proposed to provide an equalization rate to Darien, Pembroke and Corfu.

Ferry said that stabilization of the water rate would go a long way toward the Darien Town Board signing the new agreement.

“But as it stands, the agreement is a little tilted unfairly for the western side of the county,” he said.

Stein said that she spoke with Ferry over the weekend to clear up any misconceptions that he may have had.

“In a sales tax agreement, a distribution has to be straightforward and there can be no reductions to make the county whole for that water surcharge. There’s no allowance for that in a sales tax agreement per the (state) Comptroller,” she said.

As far as the $3 million figure set aside for voluntary revenue sharing based on the taxable assessed value of all the municipalities, Stein said that amount ensures there will be enough to secure the water surcharge from Darien, Corfu and Pembroke and the growth going forward for 38 years.

Stein said the county has to make sure it can make the debt payments on the bond due to the Monroe County Water Authority for bringing more water into the county as “unfortunately, there are still areas in our county that do not have access to public water.”

She said the most important aspect of the plan is that the county and City of Batavia are open to bringing towns and villages back into the sales tax agreement.

“This means that they have, for 38 years, a foundation of funding for their communities that currently they do not have,” she said. “This is a big win for every single town and village, and it allows for flexibility far forward into our future.”

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

Sunset on McAlpine Road from yesterday, submitted by JoAnne Meiser.

Deep in the Sierra Madre Mountains on the West Coast are the California Caverns, a cave system that twists in a 30-foot descent until it reaches an abrupt 180-foot drop.

Spelunkers can now safely -- relatively speaking -- reach the bottom of this otherwise-seemingly bottomless pit. What Park Rangers have found in this dark, dank chamber are skeletal remains dating back centuries. The bones discovered there are always those of adolescents who took one step too many while seeking adventure.

Robert Sapolsky, a neuroendocrinologist and professor at Stanford University, used this example of adolescent risk-taking in his book Behave: The Biology of Humans at Our Best and Worst.

Adolescents, research has shown, engage their prefrontal cortex less than adults when assessing risk.

By way of example, Sapolsky writes, "Researcher: 'How likely are you to have a car accident if you’re driving while drunk?' Adolescent: 'One chance in a gazillion.' Researcher: 'Actually, the risk is about 50 percent; what do you think your own chances are now?' Adolescent: 'Hey, we’re talking about me; one chance in a gazillion.' "

It's not just that adolescents do an inadequate job of assessing risk, but adolescent brain chemistry also drives them to seek more novelty and desire a close affiliation with peers.

That is one reason, perhaps, it is going to be difficult for local authorities to prevent another death -- and there have been at least 14 since 1870 -- at Indian Falls. 

The other issue is there is no clear answer as to who is responsible and accountable for what happens at Indian Falls. County officials and state officials have looked into it. There is no record of anybody -- not a private owner, not the government -- having title to that section of the Tonawanda Creek, even though it was once a site of grain mill wheels.

Former County Manager Jay Gsell said Indian Falls were a vexing issue for local officials throughout his 27 years running Genesee County. The last time during his career he and county staff looked into the issue was after Bradley Augustin drowned at the falls while celebrating his 22nd birthday. At that time, Assistant County Clerk Steve Grice researched the title for the land.  He found nothing. No former owner, no previous deed, no old tax map that assigned the property to anybody.

"We tried to find out, does anybody have the ability to assert legal authority over the property, to block all access? And the answer was no," Gsell said.

While private property abuts the falls on both sides and people often trespass on adjoining private land to get to the falls, the falls are also accessible from public land, notably Route 77 and its shoulders.

The property owners on the south bank of the Tonawanda Creek at the falls have been aggressive about trying to block access to the Tonawanda but those efforts at times have seemed futile. As for the state, neither Department of Transportation nor the Department of Environmental Conservation claimed state ownership of the land.

From the DEC:

The ownership of that section of Tonawanda Creek is unknown and would require a deed and title search at Genesee County to ascertain ownership. It is not DEC land. DEC enforcement jurisdiction in this area is the same as similar creeks throughout the state under the Environmental Conservation Law. For more information about trespassing laws for private land, please contact local law enforcement.

From the DOT:

NYSDOT would review any proposal from local officials to enhance safety along State Route 77 near the bridge over Tonawanda Creek. Guide rail is already in place and the surrounding area is posted for no trespassing.

The Log Cabin Restaurant overlooks the falls and the business is impacted anytime there is a rescue or recovery event at the falls. The owners have tried fencing and "no trespassing" signs.

A representative from the business said, "We have made our best efforts to keep people out of the dangerous swimming area."

In April, two months before Jacob C. Minnick, an 18-year-old championship diver from Lockport, jumped off the falls on June 17 and drowned, Barry Guthrie, a homeowner on the southside of the falls, wrote to the Pembroke Town Board. Over the course of a six-page letter, he outlined his efforts to try to keep kids from endangering themselves at the falls. He also offered to buy the falls so he could enforce private property rights at the falls themselves.

In 2020, he obtained a permit and built a 40-foot long fence with a locked gate at the main path from the restaurant parking lot across his property and to the falls. He said he still observed people in swimsuits, with towels and their own food and drinks, heading to the falls.

"These people were very persistent in getting down into the falls and were going around the fence's side perimeters," Guthrie wrote. "I secured a second building permit with the Log Cabin Restaurant owner to install two fence extensions on both side perimeters of the main fence."

That didn't stop people trying to get to the falls.

"People threw their bodies full force into the main gain and rotated the gate latch to open up the gate," he wrote. 

Would-be swimmers also used bolt cutters to defeat attempts to keep them from taking a fatal dive.

Throughout the season he tried numerous tactics to reinforce the fence but people continued to attack it. He installed trail cameras after four teenagers were rescued at the falls in July 2020. Even his cameras have been vandalized (he identified one local resident by name as a suspected culprit). With the cameras, he counted 33 trespass occurrences of four to five people each for a total of 140 possible trespassers.  

"During this time, people had no respect for my property even though I had multiple trespassing signs posted," he wrote. "People stole my trespassing signs. They also stole my chain with my trespassing sign still attached."

The only people he charged with trespassing were the four youths who had to be rescued. 

In one incident he took pity on the trespassers.

"I was at an anger level that I was going to charge everyone with trespassing," he wrote. "The police officer told me they wanted to talk with me and apologize and just get a warning. I was so upset that I didn't want to speak with them. Then the officer told me that one of the persons was in an internship with the Niagara Falls police department and another was in an FBI training program. Unbelievable! I didn't want to ruin their job potentials so I just let them all go with a warning."

Even with his efforts being circumvented at times, Guthrie estimates that he has stopped as many as 600 people from reaching the falls. 

The Town of Pembroke has also tried to do what it can to discourage people from going to the falls -- which is promoted on social media as a place for adventure -- by posting no parking signs on roads close to the falls.

Brian Frieday, chief deputy of road patrol for the Sheriff's Office, said officers are aware of the no parking signs and do what they can to maintain public safety.

"We do try to be proactive and check the area when not on other complaints," Frieday said. "Obviously, when patrols see cars parked illegally, that is a sign there are potentially people there. The illegally parked cars are ticketed and the patrols check for people at the falls."

Guthrie has researched the cost of putting up more fencing on public land around the creek, including DOT land, and he estimates it would cost $11,000.

At its June 25 meeting, the Pembroke Town Board discussed Guthrie's letter and was at least somewhat receptive to the idea of approaching the DOT about putting up additional barriers but at the same time, additional barriers aren't going to stop any youth determined enough to get to the falls.

"You can put up more fencing along the bridge but that isn't going to stop anybody from going down along state property, going around the fence," Supervisor Thomas Schneider said. "You can't put a fence in the waterway."

Guthrie's other idea: Work out a way either by contacting State Senator Ed Rath or a judge and getting clearance to buy Indian Falls for $1 and then he can enforce no trespassing on the falls.

That proposal was met with a bit more skepticism from Pembroke's elected leaders. First, they doubt such a purchase is even possible. Second, what would stop somebody else from offering more money for the property, or if at some time later, somebody comes along and offers an outrageous amount of money to Guthrie for his property?

The board seemed inclined to take no position on Guthrie's offer.

They did discuss the idea of putting up more warning signs.

Board Member Tom Dix said, "We could put up a sign at each end of the bridge that said so many people died here in the last 20 years, just a warning." 

Schneider said he has had similar thoughts.

"I thought about how to word it," Schneider said. "If you insist on going down here be sure to call your mother and say goodbye or something. I don’t know how to be tactful about it but get the point across."

The board didn't take any action after the discussion. Nobody said it, but there isn't a clear answer on what to do about adolescents taking a big risk with their lives at Indian Falls.

Further reading: A list of tragedies at Indian Falls going back to 1870 complied by the Town of Pembroke historian (pdf).

Photo: A reader-submitted photo from 2016 of a marker at Indian Falls placed in memory of Bradley Augustin.

Press release -- Updated at 3:48 p.m. with statements from Town of Pembroke Supervisor Thomas Schneider Jr. and Congressman Chris Jacobs (NY-27):

Agriculture Secretary Tom Vilsack today (July 7) announced that the United States Department of Agriculture (USDA) is investing $307 million to modernize rural drinking water and wastewater infrastructure in 34 states and Puerto Rico (PDF, 224 KB).

“Expanding access to drinking water in our rural communities and cleaning up existing systems are essential to moving our region forward,” Sen. Chris Jacobs said. “With this funding, Pembroke will not only be able to provide more residents with safe drinking water, but also attract new small businesses and residents. This is a much-needed investment in Western New York, and I will continue to advocate for more water resources for our region.”

In Genesee County, the sole recipient for this round of loans and grants for residents without safe, potable public water service is the Town of Pembroke. It will receive a total of more than $9 million -- comprised of a $5,306,000 loan and a grant for $3,744,000 in Rural Development investments -- to create Water District #4.

“It is important to bring municipal water to every resident in the Town of Pembroke and to do it at a reasonable cost," Pembroke Town Supervisor Thomas Schneider Jr. said. "This funding helps the town in accomplishing that."

The investments being announced today follow President Biden’s announcement last week of a Bipartisan Infrastructure Framework that will make the largest investment in clean drinking water in American history. The Framework will replace all of the nation’s lead pipes and service lines, helping address barriers faced by communities of color, Tribal communities, and people who live in rural America.

“Every community needs safe, reliable and modern water and wastewater systems,” said Secretary Vilsack. “The consequences of decades of disinvestment in physical infrastructure have fallen most heavily on communities of color. This is why USDA is investing in water infrastructure in rural and Tribal communities that need it most – to help them build back better, stronger and more equitably than ever before.”

USDA is financing the projects through the Water and Waste Disposal Loan and Grant Program. The investments will help eliminate outdated pipes and service lines to safeguard public health and safety in rural communities. They will improve rural infrastructure for 250,000 residents and businesses.

USDA is announcing investments today in Arkansas, Arizona, California, Colorado, Georgia, Idaho, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Maine, Michigan, Minnesota, Missouri, North Carolina, North Dakota, New Jersey, New Mexico, New York (total of five projects statewide), Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Puerto Rico.

A fire inside a box truck carrying fireworks was "roaring pretty good" on South Lake Road in Pembroke when firefighters arrived on scene, said Indian Falls Assistant Chief Ed Mileham.

The call initially came in as a firework striking a vehicle and starting a fire but as it turned out the fire started inside a truck that was returning to Genesee County from a fireworks show last night in Akron.

The driver is unsure how the fire started, Mileham said.

The truck was loaded with launch canisters stacked in the front of the truck and unused fireworks in the back of the truck.

Exploding fireworks lit up the neighborhood and blew out the passenger side panel of the truck, the back roll-up door, and the roof. The cab was undamaged, probably because of the stacked canisters in the box stacked between the fireworks and the cab, Mileham said.

The driver was rolling on Route 5 through Pembroke when he spotted some sparks in his rearview mirror. He stopped to inspect, heard some bangs, and thought "I need to get out of here," Mileham said. He started yelling for residents to call 9-1-1.

Pembroke fire was first on scene with a truck that had a deck gun, which allowed firefighters to spray water on the fire from a distance.  

"The flames just roaring out of the back of the truck, almost hitting the power lines in the area," Mileham said.

National Grid was called to the scene and the power lines and a transformer about 20 feet away appeared to be undamaged.

"It was not a normal truck fire or car fire where you go up, put some water on it, put it out, and that's hit," Mileham said.

There was smoking debris up and down the roadway for dozens of feet, Mileham said, as well as in residential yards. No secondary fire was started by the fireworks, however.

Pembroke and Indian Falls were assisted at the scene by Corfu, the Genesee County Sheriff's Office, and Dadswell, which towed the truck and cleaned up the debris.

Video taken with a home security camera submitted by a reader.

UPDATE: Here's another video from James Garrett.

A vehicle fire is reported in the area of 8783 S. Lake Road, Pembroke.

A firework reportedly hit the vehicle.

Pembroke fire and Mercy EMS dispatched.

UPDATE 11:56 p.m.: Corfu Fire Police requested to shut off traffic at Cohocton on South Lake. A responding unit is standing back because "it's still exploding." National Grid requested to the scene.

UPDATE 11:57 p.m.: A neighbor told a chief that the vehicle was full of fireworks. "Until about 60 seconds ago it was still exploding," the chief informs dispatchers. (If any Pembroke residents took photos or video, please email to howard@thebatavian.com)

UPDATE 12:38 a.m.: A box truck is apparently involved. It will require "massive cleanup."

UPDATE 1:30 a.m.: Pembroke, Indian Falls, Corfu, back in service.

A two-vehicle head-on collision is reported just north of the Thruway at 8331 Alleghany Road in Pembroke. There is air bag deployment and one of the vehicles is blocking southbound traffic. The second vehicle is off the roadway.

Indian Falls and Pembroke fire departments are responding. Corfu Fire Police are called to reroute traffic at the Thruway entrance.

UPDATE 2:09 p.m.: Command asks for Speedy Dry to soak up liquids leaking from the vehicle in the roadway.

UPDATE 2:11 p.m.: Injuries are mostly minor. One man with a cardiac history is being assisted by medics on scene.

UPDATE 2:25 p.m.: Two patients are being transported by medics to ECMC. Two wreckers are called to tow the disabled vehicles.

Sunset on McAlpine Road, Indian Falls, by JoAnne Meiser.

Submitted photos and press release:

Four top 10 seniors from Alexander, Elba, Pembroke and Notre Dame high schools are the recipients of the 2021 Mary Anne Graney Memorial Scholarships administered by the Arc of Genesee Orleans.

The $1,000 scholarship award winners, Annie Kochmanski, Taylor Augello, Lauren Filter and Isabelle Cooper are planning to pursue careers related to healthcare or working with those with a disability.  

Annie Kochmanski (top inset photo right) -- Alexander Central, will begin her studies in the teacher education transfer program at Genesee Community College, transferring to Keuka College to study Special Education and American Sign Language.

The Darien resident plans to become a teacher for individuals who are deaf/hearing impaired. In 2020, before school closed due to the coronavirus pandemic, Annie was involved in Alexander’s Big Buddy program, paired with a student in the elementary school, and was also an intern/teacher assistant for the second and third grades.

This experience solidified Annie’s decision to become and educator.

“I know that helping special needs students is where my heart lies,” Annie said in her scholarship application.

Taylor Augello (inset photo at left) -- Elba Central, will attend Genesee Community College for nursing and plans to one day become a Nurse Practitioner.

A scholar/athlete at Elba, Taylor said she has chosen nursing as her career path, because she has seen how individuals, especially those with disabilities can struggle.

“Knowing that I can help people with disabilities will fulfill my childhood dreams of helping others,” Taylor said.  

Lauren Filter (inset photo below right)-- Pembroke Central, has been accepted to Daemen College and plans to study Nursing, setting her sights on one day becoming a Certified Registered Nurse anesthetist (CRNA). “In a hospital, I will be working with people of all abilities,” Lauren said, adding, “There needs to be compassion, empathy and understanding that individuals (with disabilities) have complex communication needs.” As a certified lifeguard, Lauren has taught swimming lessons to children with a variety of swimming skills, special needs and learning disorders.  

Isabelle Cooper (below left inset photo) -- Notre Dame High School, is from the Town of Pavilion.

In the fall, she will be attending Seton Hill University in Greensburg, Pa., in the Physician Assistant program.

In her scholarship application, Isabelle said, “I hope to one day work in a neurology practice with children with developmental delays.”

Isabelle has more than five years’ experience in the YMCA’s Challenger Sports program, volunteering with children with special needs.

In 2019, she took on the leadership role of running the Challenger Tennis program.

About the Mary Anne Graney Memorial Scholarship

Now in its 16th year, the Mary Anne Graney Memorial Scholarship is presented to area high school seniors planning to further their studies in human services, special education or related fields.

It is in honor of Mary Anne Graney, a special education teacher, who died in 2004.

The scholarship is funded by the Friends & Family 5K, scheduled this year for Sept. 18 in Elba.

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

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.

Photo submitted by JoAnne Meiser.

A traffic controller has contacted Genesee County Emergency Dispatch to report the sighting of a drone flying at 3,000 feet over Pembroke, apparently in the flight path for the Buffalo Airport.

It's illegal to fly a drone above 400 feet unless flying over a tall structure. 

A deputy has been dispatched to the area of Gorton Road and Phelps Road.

The drone is described as about two feet by two feet and silver.

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Jacob Minnick, the 18-year-old from Lockport who died yesterday in a drowning incident at Indian Falls, was a back-to-back to Section VI diving champion, according to the Lockport Journal.

In his senior year at Lockport High School, Minnick was undefeated.

He had just completed his freshman year on Clarion University where he was a member of the swim team. The athletic department issued the following press release (and photo above):

CLARION, Pa. – Jacob Minnick, a member of the Clarion men's swimming & diving team, tragically passed away on Thursday, June 17. He was 18 years old. A native of Lockport, N.Y., Minnick had just completed his first year of study at Clarion and was an active member of the Golden Eagle team.

Information regarding memorial services are not available at this time.

"Jacob was a very sincere, polite, happy, caring kid," said Diving Coach Dave Hrovat. "In the time I got to know him, it was easy to see that he loved training with his teammates and loved being part of the program. He had a bright future ahead of him, athletically and academically. I want to express my heartfelt condolences to all his family and loved ones, and let them know that we are there for them in this tremendously difficult time."

"Jacob had a smiling, bright-eyed face every day walking on the pool deck," said Head Swimming & Diving Coach Bree Kelley. "He enjoyed his teammates and Clarion and we were excited to see him progress through our program. We are surely going to miss that smiling face. We will be offering counseling services for our team if they should need it but in the meantime our team will stand together to support one another through this tough loss."

"We are extremely saddened to learn of the passing of Jacob," said Director of Intercollegiate Athletics Wendy Snodgrass, Ed.D. "He was an important and valued member of our men's swimming and diving program, and quickly developed strong bonds with his teammates and coaches. Our thoughts and prayers are with his family and everyone who knew and loved him."

"I extend our deepest sympathy to Jacob's family, friends, teammates and the faculty and staff in the Clarion community who knew him," said Clarion President Dale-Elizabeth Pehrsson, Ed.D. "Any loss of life is a tragedy, but the grief cuts especially deep as we mourn a young man who had accomplished so much and had so much more to give."

Minnick recently completed his first year as a member of the Golden Eagle men's swimming & diving program, and was a Biology / Ecology major. A freshman from Lockport High School, he did not compete during the 2020-21 season but was an integral part of the team during their training schedule. One of the top divers in the history of Lockport, he was a three-time state meet qualifier in high school, with a number of section championships to his credit. He placed 14th at the state meet as a junior and 16th as a senior.

A volunteer dive team attached with the Alden Volunteer Fire Department located the body of 18-year-old Jacob C. Minnick, of Lockport, in the churning waters below Indian Falls at 5:51 p.m. on Thursday.

Minnick had apparently gone to the falls with a group of friends to jump off the rocks into the water and after one jump shortly before 4 p.m. he resurfaced briefly and wasn't seen again.

His friends tried searching for him themselves before first responders from Pembroke, Indian Falls, and the Sheriff's Office arrived.

The City of Batavia's Fast Water Team was dispatched to assist in the search and team members were in the water for about an hour before the dive team was able to deploy. It took a diver about 11 minutes to locate Minnick's body. Coroner Karen Lang declared him dead at the scene.

Also assisting at the scene were Emergency Management and Corfu fire.

Previously: Juvenile who jumped in Indian Falls has not been seen coming to the surface, rescue units responding

Photo by JoAnne Meiser of yesterday's sunset at McAlpine Road in Indian Falls.