Archived Legal Notices

Town of Batavia

Community Development Block Grant Program

Early Warning Notice of an Action In or Near the Floodplain and Wetland

Floodplain & Wetland Management Review

TO ALL INTERESTED AGENCIES, GROUPS, AND PERSONS

The Town of Batavia, 3833 West Main Street Road, Batavia, NY 14020, Gregory Post, Supervisor and Chief Executive Officer, has reviewed the following project activities as they relate to the environment and has done so according to the regulations established by the U.S. Department of Housing and Urban Development (HUD) in 24 CFR, Part 58.

PROJECT DESCRIPTION

The Town will utilize $600,000 in Community Development Block Grant (CDBG) funds to undertake improvements to the West Main Street Road Sewer District. Approximately 11,350 linear feet of gravity sewer line and an additional 3,600 linear feet of forcemain will be installed along the alignment on West Main Street Road and Kelsey Road.

Based on the Flood Insurance Rate Maps published by the Federal Government for the Town of Batavia, it has been determined that a portion of the project area may be located within the 100-year floodplain. In addition, according to maps based on the National Wetlands Inventory, it has been determined that designated wetlands are located within or adjacent to the project site.

A description of the proposed activities, including the location of the proposed improvements, is available for review and may be examined and copied, upon request, at the Town Hall, 3833 West Main Street Road, Batavia, NY 14020, during normal business hours beginning March 16, 2012. The purpose of this notice is to advise the public about the proposed action and to solicit comments on the improvements and their impact on the environment and the floodplain and wetland areas.

In order to be considered, written comments should be received by the Town of Batavia at the above address on or before March 30, 2012. The Town will proceed to complete the Floodplain and Wetland Management Review process based on comments and suggestions received during the comment period.

Gregory H. Post, Supervisor

Town of Batavia

March 15, 2012

NOTICE TO PUBLIC OF FINDING OF NO SIGNIFICANT IMPACT ON

THE ENVIRONMENT AND INTENT TO REQUEST RELEASE OF FUNDS

TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS:

Notice of Finding of No Significant Impact

The Town of Batavia gives notice that it has been determined that the project described below will not constitute actions significantly affecting the quality of the human environment and, accordingly, the Town of Batavia has decided not to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969 (NEPA, 42 USC 4321). The Town of Batavia is assuming NEPA environmental review responsibilities for this project according to U. S. Department of Housing and Urban Development (HUD) environmental review regulations at 24 CFR Part 58.

Project Name: Project Wave
NYS Office of Community Renewal Project Number: to be assigned

Location: Genesee Valley Agri-Business Park
5140 AgPark West Drive
Batavia, New York 14020

Purpose of Project: To assist in the financing of infrastructure improvements to support the construction and operations of a 332,000 square foot food and beverage manufacturing facility. The project will create employment opportunities for low- and moderate-income persons.

The reason for the decision not to prepare an EIS is as follows: The Town of Batavia has undertaken the statutory and environmental reviews of the nature, scope, and location of the project as required under 24 CFR Part 58 and has made a finding of no significant impact.

An Environmental Review Record respecting the within referenced project has been made by the Town of Batavia that documents the environmental review of the project and more fully sets forth the reasons why an EIS is not required. This Environmental Review Record is on file and available for public inspection during normal business hours at the following location:

Town of Batavia
3833 West Main Street Road
Batavia, New York 14020

No further environmental review of this project is proposed to be conducted prior to the release of Federal funds. Written comments on the substance or procedure of the environmental review will be accepted by the Town of Batavia at the address shown above until 4:30 PM on March 30, 2012.

All such comments so received will be considered and the Town of Batavia will not request the release of Federal funds or take any administrative action on the project prior to the expiration of the comment period as indicated above.

Notice of Intent to Request Release of Funds

This notice allows for procedural objections to the New York State Office of Community Renewal (OCR) and is separate from the findings notice printed above. The Town of Batavia must certify to the OCR that it has complied with all requirements of HUD environmental review regulations at 24 CFR Part 58, including receipt of public comments, before Federal funds can be released for the project described above. The Town of Batavia will submit a request for release of grant funds and an environmental certification to the OCR on or about April 2, 2012.

The Town of Batavia will undertake the project described above in whole or in part with Community Development Block Grant (CDBG) funds from the OCR under Title I of the Housing and Community Development Act of 1974. The Town of Batavia is certifying to the OCR that the Town of Batavia and Gregory H. Post, in his official capacity as Certifying Officer, consent to accept the jurisdiction of the Federal courts if an action is brought to enforce responsibilities in relation to environmental reviews, decision-making, and action; and that these responsibilities have been satisfied. The legal effect of the certification is that upon the OCR's approval, the Town of Batavia may use CDBG funds for this project and the OCR will have satisfied its responsibilities under the National Environmental Policy Act (NEPA) of 1969 and other related laws and authorities. The OCR will accept an objection to its approval for the release of funds and acceptance of the certification only if it is on one of the following bases: (a) that the certification was not in fact executed by the Town of Batavia's duly authorized Certifying Officer; or (b) that the Town of Batavia omitted a required decision, finding, or step applicable to the project in the environmental review process; or (c) other specific grounds as set forth in HUD regulations at 24 CFR 58.75. Objections must be prepared and submitted in accordance with the required procedure (24 CFR Part 58) and may be addressed to: New York State Office of Community Renewal, Hampton Plaza - 9th Floor, 38-40 State Street, Albany, New York 12207. No objection received after April 19, 2012 will be considered.

Gregory H. Post, Supervisor, Town of Batavia

Certifying Officer

March 15, 2012

NOTICE

ALL-HAZARD MITIGATION PLAN

PUBLIC NOTICE IS HEREBY GIVEN that the Batavia Town Board is considering a resolution to adopt the "Genesee County Multi-Jurisdictional All-Hazard Mitigation Plan" (sections related to the Town of Batavia). A copy of the Plan is available for public review during regular business hours at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York.

Please submit any comments or concerns to the Town Clerk's Office by March 20, 2012.

Dated: March 8, 2012

Teressa M. Morasco
Batavia Town Clerk

NOTICE OF PUBLIC HEARING

OFFICE OF COMMUNITY RENEWAL

GRANT PROGRAM

The Town of Batavia Board has scheduled a public hearing for Wednesday, March 14, 2012. The hearing will start at 6:00 p.m. and take place at the Batavia Town Hall, 3833 West Main Street Road, Batavia, NY 14020. Written comments are invited and will be accepted upon delivery to 3833 West Main Street Road, Batavia, NY 14020 prior to the hearing.

The public hearing will be held to discuss a request by the Genesee Valley Agri-Business Park, LLC ("Ag-Park, LLC") that the Town submit an application to the New York State Office of Community Renewal for Community Development Block Grant funding in the amount of $1,000,000 to be used by Ag-Park, LLC for infrastructure upgrades to support the construction and operations of a new food processing facility in the Genesee Valley Agri-Business Park. More detailed information regarding the project will be presented at the hearing.

Dated: March 5, 2012

Teressa M. Morasco
Town Clerk

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by Diane Waters, 13 Edgewood Drive, Batavia, NY to operate a beauty salon, by appointment only, in a residential district. Tax Map #8.-3-65.

Said hearing will be held on Tuesday, March 20, 2012 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, New York at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by Robert Houseknecht to operate a motor vehicle repair shop at 3282 West Main St.Rd., Town of Batavia. This district is zoned Commercial. Tax Map #11.-1-62.1.

Said hearing will be held on Tuesday, October 18, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, New York at 7:35 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

PUBLIC NOTICE

THE FOLLOWING ORDER WAS DULY ENACTED ON FEBRUARY 15, 2012, AND ORDERED PUBLISHED BY THE TOWN BOARD OF THE TOWN OF BATAVIA

s/ Teressa M. Morasco
TERESSA M. MORASCO, Town Clerk

ORDER FOR PUBLIC HEARING ON ESTABLISHMENT OF THE WEST MAIN STREET ROAD SEWER DISTRICT FOR A PORTION OF THE TOWN OF BATAVIA

WHEREAS, the Town Board of the Town of Batavia, New York, has duly adopted a Resolution directing the Supervisor of the Town of Batavia to file a map, plan and report for providing the facilities, improvements or services in a portion of the Town of Batavia, where a sewer district is proposed to be established; and said map, plan and report has been filed in the office of the Town Clerk of the Town of Batavia on February 14, 2012, and

WHEREAS, the boundaries of the proposed sewer district are as follows:

See EXHIBIT A attached hereto.

WHEREAS, the improvements proposed consists of the construction and installation of approximately 11,350 linear feet of new eight (8) inch diameter sanitary sewer gravity main and approximately 3,600 linear feet of new six (6) inch sanitary sewer force main to run starting on West Main Street Road and connecting to the west boundary of current Sewer District No. 2, and thence running westerly along West Main Street Road for approximately 10,300 feet, and also running northerly along Kelsey Road from its intersection with West Main Street Road for a distance of approximately 1,200 feet, together with all related right-of-way costs, site work and other ancillary work, apparatus and other improvements and costs incidental thereto (referred to herein as "sewer improvement"),and

WHEREAS, the maximum amount proposed to be expended for such sewer improvement is $2,822,000.00, which is planned to be financed by the issuance of serial bonds in an amount not to exceed $2,822,000.00, offset by any funds to be received from the United States of America, and/or the State of New York, and/or local grants; including, but not limited to, a CDBG grant and other grants totaling $1,600,000.00, and

WHEREAS, the proposed annual debt service (assuming 67.0 residential units) is estimated to be approximately $248.00 per typical property user in the proposed District, which is a single family home, based upon the proposed debt of $1,222,000.00 from Federal, New York State and/or local loans to be paid over a 38 year term at 2.375% interest, and

WHEREAS, a typical residential household uses 63,000 gallons of water per year and the estimated cost of the sewer service which is based upon water consumption, for the average household is expected to be approximately $344.00 per year for sewer usage beyond the debt service, and

WHEREAS, based upon the foregoing estimates, the total annual cost of the typical residential property in the proposed district will be $592.00 per year, and

WHEREAS, the estimated average annual debt service for commercial property in the District will be $1,253.00, with an average cost for sewer usage beyond the debt service of $1,483.00 per year; thereby the total annual cost for commercial property in the proposed district will be $2,736.00 per year, and

WHEREAS, payment of the debt service will be made by levy and collection of special assessments from the several lots and parcels of lands within the Sewer District, which the Town Board shall determine and specify to be specially benefited thereby, so much upon and from each as such shall be in just proportion of the amount of benefit conferred upon the same, to pay the principal and interest on the said bonds, as the same shall become due and payable, and

WHEREAS, each property will also have to pay for service from their home to the road right-of-way, incurring estimated one time costs of approximately $15.00-$30.00 per linear feet of pipe, plus septic system abandonment charges of approximately $200.00-$600.00; as well as any internal plumbing charges, and

WHEREAS, the map, plan and report describing such improvements is on file in the office of the Town Clerk of the Town of Batavia and available for public inspection, and it is

ORDERED, that the Town Board of the Town of Batavia, New York, shall meet at the Town Hall, located at 3833 West Main Street Road, Batavia, New York, on the 21st day of March, 2012, at 6:30 p.m., for the purpose of conducting a public hearing on the proposal to establish said Sewer District with the improvements specified herein, at which time and place all persons interested in the subject thereof may be heard concerning the same, and it is further

ORDERED, that the Town Clerk of the Town of Batavia is hereby authorized and directed to publish a copy of this Order in The Daily News, to post a copy of the same on the signboard of the Town of Batavia, and to mail a copy to all owners of property located within the proposed Sewer District, in the time and manner required by law.

Dated: February 15, 2012

EXHIBIT A

TOWN OF BATAVIA

WEST MAIN STREET ROAD SEWER DISTRICT

All that tract or parcel of land situate in the Town of Batavia, County of Genesee, State of New York, described as follows:

Beginning at a point at the westerly line of the Existing Town of Batavia Sewer District No. 2 at the centerline of West Main Street Road (NYS Route 5) (99 feet wide right-of-way); thence,

1. Southerly, along the westerly line of the existing Town of Batavia Sewer District, a distance of 685 feet, more or less, to the southeasterly corner of tax account number 11-2-55; thence,

2. Westerly, along the southerly property lines of tax account numbers 11-2-55, 11-2-54, 11-2-48, 11-2-47, 11-2-46, 11-2-45, 11-2-44, 11-2-43, 11-2-42, 11-2-41, 11-2-40, 11-2-39, 11-2-38, 11-2-37, 11-2-36, 11-2-35, 11-2-34, 11-2-33, 11-2-32, 11-2-31, 11-2-30, 11-2-29, 11-2-17.2, 11-2-17.1, 11-2-16.2, 11-2-16.1, 11-2-14, 11-2-11, 11-2-5, 11-2-4, 11-1-23, 11-1-20 and 11-1-19, a distance of 9,253 feet, more or less, to the southeasterly corner of tax account number 11-1-17; thence,

3. Westerly, along the southerly property line of tax account number 11-1-17, a distance of 288 feet, more or less, to a point on the centerline of Wortendyke Road (49.5 feet wide right-of-way); thence,

4. Southerly, along the centerline of Wortendyke Road, a distance of 2,411 feet, more or less, to a point on centerline of Wortendyke Road at the easterly extension of the southerly property line of 11-1-60; thence,

5. Westerly, along the southerly property line of tax account number 11-1-60, a distance of 1,281 feet, more or less, to the southwesterly corner thereof; thence,

6. Northerly, along the westerly property line of tax account number 11-1-60 and 11-1-61, a distance of 2,500 feet, more or less, to the centerline of West Main Street Road; thence,

7. Westerly, along the centerline of West Main Street Road a distance of 100 feet, more or less, to a point on the centerline of said road at the southerly extension of the westerly line of tax account number 6-1-17.2; thence,

8. Northerly, through the right-of-way of West Main Street Road and along the westerly property line of tax account 6-1-17.2, a distance of 250 feet, more or less, to the northwesterly corner thereof; thence,

9. Easterly, along the northerly property line of tax account number 6-1-17.2, a distance of 100 feet, more or less, to the northeasterly corner thereof; thence,

10. Northerly, along the westerly property line of tax account number 11-1-2.1, a distance of 110 feet, more or less, to the northwesterly corner thereof; thence,

11. Easterly, along the northerly property line of tax account number 11-1-2.1 a distance of 115 feet, more or less, to the northeasterly corner thereof; thence,

12. Northerly, along the westerly property line of tax account number 11-1-3, a distance of 90feet, more or less, to the northwesterly corner thereof; thence,

13. Easterly, along the northerly property lines of tax account numbers 11-1-3, 11-1-4, 11-1-5, 11-1-6, 11-1-7, 11-1-8, 11-1-9, 11-1-10, 11-1-11.1, 11-1-11.2, 11-1-12 and 11-1-13, a distance of 676 feet, more or less, to the northeasterly corner of tax account number 11-1-12; thence,

14. Northerly, along the westerly property line of tax account numbers 11-1-13 and 11-1-14, a distance of 964 feet, more or less, to the northwesterly corner thereof; thence,

15. Easterly, along the northerly property line of tax account number 11-1-14, a distance of 1,201 feet, more or less, to a point along the northeasterly corner thereof; said point being 500 feet north of the centerline of West Main Street Road; thence,

16. Northeasterly, through the lands of tax account number 11-1-16, along a line 500 feet northerly of and parallel to the centerline of West Main Street Road, a distance of 246 feet, more or less, to the centerline of Stegman Road (49.5 feet wide right-of-way); thence,

17. Southerly, along the centerline of Stegman Road a distance of 28 feet, more or less, to a point on the centerline of Stegman Road at the westerly extension of the northerly property line of tax account number 7-1-54.112; thence,

18. Northeasterly, through the Stegman Road right-of-way along the northwesterly property line of tax account number 7-1-54-.112, a distance of 623 feet, more or less, to the northeasterly corner thereof; thence,

19. Northerly, along the westerly property line of tax account number 7-1-52, a distance of 753 feet, more or less, to the northwesterly corner thereof; thence,

20. Easterly, along the northerly property lines of tax account numbers, 7-1-52, 7-1-51 and 7-1-50, a distance of 545 feet, more or less, to the northeasterly corner of tax account number 7-1-50; thence,

21. Southerly, along the easterly property line of tax account number 7-1-50, a distance of 228 feet, more or less, to the northwesterly corner of tax account number 7-1-49; thence,

22. Easterly, along the northerly line of tax account number 7-1-49, a distance of 244 feet, more or less, to the northeasterly corner thereof; thence,

23. Northerly, along the westerly property line of tax account number 7-1-47, a distance of 208 feet, more or less, to the northwesterly corner thereof; thence,

24. Easterly, along the northerly line of tax account number 7-1-47, a distance of 571 feet, more or less, to the northeasterly corner thereof; thence,

25. Northerly, along the westerly property lines of tax account numbers 7-1-41.111, 7-1-41.121 and 7-1-41.112, a distance of 576 feet, more or less, to the northwesterly corner of 7-1-41.112; thence,

26. Easterly, along the northerly lines of tax account numbers 7-1-41.112 and 7-1-41.2, a distance of 339 feet, more or less, to the centerline of Kelsey Road (49.5 feet wide right-of-way); thence,

27. Southerly, along the centerline of Kelsey Road, a distance of 51 feet, more or less, to a point on said centerline; thence,

28. Easterly, along the northerly line of tax account number 7-1-38, a distance of 1,203 feet, more or less, to the northeasterly corner thereof; thence,

29. Northerly, along the westerly property line of tax account number 7-1-87.111, a distance of 3,021 feet, more or less, to the northwesterly corner thereof, thence,

30. Easterly, along the northerly lines of tax account numbers 7-1-87.111 and 7-1-87.2, a distance of 3,769 feet, more or less, to the northeasterly corner of tax account number 7-1-87.2; thence,

31. Southerly, along the westerly bounds of the existing sewer district, a distance of 3,075 feet, more or less, to the northwesterly corner of tax account number 7-1-23.1; thence,

32. Easterly, along the southerly line of the existing sewer district and through the lands of 7-1-25.1, a distance of 450 feet, more or less, to the northeasterly corner thereof; thence,

33. Northerly, along westerly line of the existing sewer district and along the westerly line of tax account number 7-1-23.1, a distance of 263 feet, more or less, to the northwesterly corner thereof; thence,

34. Easterly, along the westerly line of the existing sewer district and along the northerly line of tax account number 7-1-23.1, a distance of 200 feet, more or less, to the northeasterly corner thereof; thence,

35. Southerly, along the westerly line of the existing sewer district and along the easterly line of tax account number 7-1-23.1, a distance of 360 feet, more or less, to an easterly corner thereof; thence,

36. Easterly, along the southerly line of existing sewer district and along the northerly line of tax account number 7-1-23.1, a distance of 100 feet, more or less, to the northeasterly corner thereof; thence,

37. Southerly, along the westerly line of the Existing Town of Batavia Sewer District No. 2, a distance of 250 feet, more or less, to the point of beginning.

Town of Batavia West Main Street Road Sewer District as described above contains approximately 583.2 acres of land.

NOTICE TO BIDDERS

The Town of Batavia will receive sealed bids for refuse removal at the Town of Batavia Transfer Station.

Interested bidders may obtain service specifications from the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, 14020 or by contacting the Town Clerk's Office at 343-1729. All bids must be received by 10:00 A.M. on Wednesday, February 8, 2012 at the Batavia Town Hall. Bids will be opened at that time. All bids must be accompanied by a non-collusion statement in order to be considered.

The Town of Batavia reserves the right to reject any and all bids.

Dated: January 18, 2012

Teressa M. Morasco
Batavia Town Clerk

NOTICE OF RECEIPT OF TAX ROLL AND WARRANT

TAKE NOTICE, that I, Teressa M. Morasco, the undersigned Collector of Taxes of the Town of Batavia, County of Genesee, New York, have duly received the tax roll and warrant for the collection of taxes within the Town of Batavia for the year 2012 and that I will receive at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, during the months of January, February, and March, Monday, Tuesday, Thursday, and Friday, 8:30 a.m. to 4:30 p.m., and Wednesday, 8:30 a.m. to 7:00 P.M. for the purpose of receiving taxes on said roll. Payment also may be made by mail at any time.

FURTHER, TAKE NOTICE, that taxes may be paid on or before January 31, 2012 without charge of interest. On all taxes collected after such date there shall be added interest of one percent for each month until the return of the unpaid taxes is made to the Genesee County Treasurer on the 1st day of April, 2012.

IN ADDITION, New York State Real Property Tax Law #987 mandates that all taxpayers be notified by letter of unpaid taxes on or after the 31st day after the interest free period. The expense of mailing this notice has been set by the State at $1.00 per tax bill.

Dated: December 20, 2011

Teressa M. Morasco
Town Clerk/Tax Collector
Town of Batavia

NOTICE FOR PUBLIC HEARING BY THE TOWN BOARD

OF THE TOWN OF BATAVIA, NEW YORK

TO CONSIDER ADOPTING A PROPOSED LOCAL LAW

PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Batavia, New York on the 30th day of November, 2011, proposed Local Law No. 3 of 2011 entitled "A Local Law to Authorize a Grant to the Genesee County Industrial Development Agency to Construct Infrastructure Improvements for Genesee Valley Agri-Business Park Projects". Said Local Law will authorize the Town of Batavia as follows:

1. To grant the sum of Two Hundred Thousand Dollars ($200,000.00) to the Genesee County Industrial Development Agency, d/b/a Genesee County Economic Development Center (GCEDC) in order to allow the GCEDC to plan, design and construct approximately 4,800 feet of 12 inch water main, with related appurtenances and infrastructure, to extend the water facilities already approved and under construction as part of the Ellicott Street Road and Townline Road Water District to increase the fire flow capacity within the Genesee Valley Agri-Business Park (hereinafter "Improvements").

2. To allow the GCEDC to use all or any part of the sum of One Hundred Thousand Dollars ($100,000.00) that was previously granted to this agency by Local Law No. 1 of 2010, for the prior purpose of constructing infrastructure to the Upstate Med & Tech Park, to be currently used for the Improvements set forth herein.

PLEASE TAKE FURTHER NOTICE that on 21st day of December, 2011, at 7:00 o'clock in the afternoon of that day the Town Board of the Town of Batavia, New York will conduct a public hearing at the Batavia Town Hall located at 3833 West Main Street Road in the Town of Batavia, New York for the purpose of considering the advisability of enacting said proposed Local Law, at which time and place all persons interested will be heard.

PLEASE TAKE FURTHER NOTICE that this notice represents only a summary of the proposed Local Law No. 3 of 2011. A complete copy of the Local Law is on file at the office of the Batavia Town Clerk, 3833 West Main Street, Batavia, New York and is open for public inspection during regular office hours.

Dated: November 30, 2011

Teressa M. Morasco
Town Clerk
Town of Batavia

NOTICE FOR PUBLIC HEARING

BY THE TOWN BOARD OF THE TOWN OF BATAVIA, NEW YORK

TO CONSIDER ADOPTING A PROPOSED LOCAL LAW

PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Batavia, New York on the 23rd day of November, 2011, proposed Local Law #2 of 2011 entitled "A Local Law to Amend Chapters 89 and 235 of the Code of the Town of Batavia Regarding the Definitions and Duties of the Code Enforcement Officer and the Building Inspector". Said Local Law proposes to amend portions of Chapter 89 of the Code of the Town of Batavia, designated as "Building Construction and Fire Prevention"; as well as Chapter 235 of the Code of the Town of Batavia, designated as "The Town of Batavia Zoning Ordinance", as summarized as follows:

1.To amend the definitions in Section 89-2 to grant to the Building Inspector appointed by the Town Board the same powers and duties to administer and enforce the Building Codes, as set forth in Chapter 89, as the Code Enforcement Officer appointed by the Town Board.

2.To amend the definitions in Section 235-5 to grant to the Code Enforcement Officer appointed by the Town Board the same powers and duties to administer and enforce the Zoning Ordinance, as set forth in Chapter 235, as the Building Inspector appointed by the Town Board.

PLEASE TAKE FURTHER NOTICE that on the 21st day of December, 2011, at 6:50 o'clock in the afternoon of that day the Town Board of the Town of Batavia, New York will conduct a public hearing at the Batavia Town Hall, located at 3833 West Main Street Road, in the Town of Batavia, New York, for the purpose of considering the advisability of enacting said proposed Local Law, at which time and place all persons interested will be heard.

PLEASE TAKE FURTHER NOTICE that this Notice represents only a summary of the proposed amendments to the Code of the Town of Batavia. A complete copy of the Local Law is on file at the office of the Batavia Town Clerk, 3833 West Main Street Road, Batavia, New York, and is open for public inspection during regular office hours.

Dated: November 23, 2011

Teressa M. Morasco
Town Clerk
Town of Batavia

NOTICE FOR PUBLIC HEARING

FIRE PROTECTION CONTRACT FOR 2012

PUBLIC NOTICE IS HEREBY GIVEN that a Public Hearing will be held Wednesday, December 21, 2011, by the Town Board of the Town of Batavia, Genesee County, New York, at the Batavia Town Hall located at 3833 West Main Street Road beginning at 6:55 P.M. of that day and for the purpose of considering contracting with the Town of Batavia Fire Department, Inc. for fire protection services to be furnished by the Town of Batavia Fire Department, Inc to the Fire Department District established in the Town of Batavia and known as the "Town of Batavia Fire Protection District" upon the following general terms, to wit:

1. The Town of Batavia Fire Department, Inc. shall answer and attend upon all calls in said District;

2. The Town of Batavia Fire Department Inc., shall purchase and maintain such property, crime, dishonesty bond and liability insurance as it deems prudent to protect its interests. Such insurance shall include Automobile Liability, General Liability naming the Town of Batavia, its agents and employees as Additional Insureds, Contractural Liability for this Contract and should include Ambulance Attendants Professional Liability, Volunteer Fire Department Errors and Omissions Liability and Liquor Law Liability coverages. Liability limits of at least $1,000,000.00 each occurrence, claim or incident are recommended but not required. A Certificate of all liability insurances, providing the Town with at least 30 days written notice of cancellation or nonrenewable, shall be furnished to the Town Attorney, Town Hall, 3833 West Main Street Road, Batavia, New York, 14020.
The Town of Batavia Fire Department, Inc. shall also indemnify and hold harmless the Town of Batavia, its agents and employees from all claims, suits, loss, damages, injuries, liability, cost and expenses arising from the services provided for in this contract and from the activities of the Fire District, its officers, employees and volunteers to the extent this provision is insured by the Town of Batavia Fire District.

3. The Town of Batavia Fire Department, Inc. shall maintain public liability and property damage insurance policies for the benefit of said District and the Town of Batavia, and shall hold said District and Town harmless for losses not covered by insurance;

4. The Town of Batavia Fire Department, Inc. shall be responsible for loss or damage sustained in fire apparatus or other equipment while attending fires in said District;

5. The Town of Batavia and the Town of Batavia Fire Protection District shall pay or provide insurance coverage for authorized items;

6. The Town of Batavia Fire Department, Inc. shall participate in the Genesee County Mutual Aid Plan and reserves certain rights pertaining to said participation;

7. The Town of Batavia Fire Department, Inc. shall reimburse the Town of Batavia should its equipment not be usable;

8. For such services the Town of Batavia Fire Department shall receive the yearly sum of Seven Hundred Thirty-Four Thousand Five Hundred Twenty and 00/100 Dollars ($734,520.00).

9. The Town of Batavia shall plow and provide routine maintenance to the driveway and parking area of the Fire Department's Fire Hall;

10. The Town of Batavia Fire Department, Inc. shall provide financial data and records to the Town of Batavia.

11. The contract shall run for one (1) year from January 1, 2012 and shall expire on December 31, 2012

All persons interested in the matter will be heard at such time and place specified above.

Dated: November 16, 2011

Teressa M. Morasco
Town Clerk
Town of Batavia

NOTICE FOR PUBLIC HEARING

AGRICULTURAL & FARMLAND PROTECTION PLAN

PUBLIC NOTICE IS HEREBY GIVEN that the new draft revised copy of the Agricultural and Farmland Protection Plan is complete and has been filed in the Office of the Town Clerk of the Town of Batavia, where it is available for public inspection during regular business hours and via the Town of Batavia Website at www.townofbatavia.com.

Notice is also given that the Town Board of the Town of Batavia will hold a Public Hearing on the Agricultural Farmland Protection Plan at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York beginning at 6:30 P.M. on Wednesday, December 21, 2011 at which time and place any person will be heard.

By order of the Town of Batavia Zoning Board of Appeals

Dated: November 16, 2011

Teressa M. Morasco
Batavia Town Clerk

NOTICE FOR PUBLIC HEARING

PUBLIC NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, November 14, 2011 at 7:00 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application from the Genesee County Economic Development Corp. for an Area Variance under Section 235 Schedule A of the Town of Batavia Zoning Ordinance pertaining to maximum height allowed for structure for property situated in the Agricultural Park on the South side of West Ag Park Drive at the intersection of North Ag Park Drive in the Town of Batavia. This application also includes a second variance request pertaining to size and number of parking spaces. The applicant proposes to construct a food and beverage processing facility which will require a building to be 120 feet in height where the zoning regulation allows from a structure 40 feet in height. In the applicants plans for the facility they are proposing one parking place per employee and are providing visitor parking. These parking spaces are proposed to be 9 feet by 18 feet. Zoning regulations determine number of parking spaces by building size and require spaces to be 10 feet by 20 feet. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals

Gary Diegelman
Chairman

NOTICE FOR PUBLIC HEARING

WATER RATE - MAY 2012 - FEBRUARY 2013

PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held November 9, 2011 at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, at 6:45 P.M. for the purpose of imposing water rates. The proposed water rate for May 2012 to February 2013 is $4.57/1,000 gallons.

The foregoing by order of the Batavia Town Board.

Dated: October 19, 2011

Teressa M. Morasco
Batavia Town Clerk

NOTICE FOR PUBLIC HEARING

SEWER RENTS - MAY 2012 - FEBRUARY 2013

PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held November 9, 2011 at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, at 6:40 P.M. for the purpose of imposing Sewer Rents. The proposed sewer rents for May 2012 to February 2013 are; Sewer District No. 1 at $5.46/1,000 gallons and Sewer District No. 2 at $5.46/1,000 gallons.

The foregoing by order of the Batavia Town Board.

Dated: October 19, 2011

Teressa M. Morasco
Batavia Town Clerk

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD

OF THE TOWN OF BATAVIA, NEW YORK

TO CONSIDER ADOPTING A PROPOSED LOCAL LAW

PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Batavia, New York on the 19th day of October, 2011, proposed Local Law #1 of 2011 entitled "A Local Law to Override the Tax Levy Limit Established in General Municipal Law 3-c". Said Local Law will allow the Town of Batavia to override the limit on the amount of real property taxes that may be levied, pursuant to General Municipal Law 3-c, and to allow the Town of Batavia to adopt a town budget for fiscal year 2012 that requires a real property tax levy in excess of the tax levy limit.

PLEASE TAKE FURTHER NOTICE that on 9th day of November, 2011, at 6:30 o'clock in the afternoon of that day the Town Board of the Town of Batavia, New York will conduct a public hearing at the Batavia Town Hall located at 3833 West Main Street Road, in the Town of Batavia, New York, for the purpose of considering the advisability of enacting said proposed Local Law, at which time and place all persons interested will be heard.

A copy of said proposed Local Law is on file at the office of the Batavia Town Clerk, 3833 West Main Street Road, Batavia, New York and is open for inspection during regular Office hours.

Dated: October 19, 2011

Teressa M. Morasco
Batavia Town Clerk

NOTICE OF PUBLIC HEARING

ON THE 2012 TOWN BUDGET

PUBLIC NOTICE IS HEREBY GIVEN that the Preliminary Budget of the Town of Batavia for fiscal year 2012 has been completed and filed in the Office of the Town Clerk of the Town of Batavia, where it is available for public inspection during regular business hours.

Notice is also given that the Town Board of the Town of Batavia will hold a Public Hearing on the Preliminary Budget at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York beginning at 6:50 P.M. on Wednesday, November 9, 2011 at which time and place any person will be heard in favor of or in opposition to any item or items contained therein.

Public Official Salaries are as follows:

Supervisor: $30,000

Deputy Supervisor: $15,000

Councilmen (3): $10,000

Town Clerk/Tax Collector: $48,218

Highway Superintendent: $15,450

Town Justices (2): $22,080

The foregoing by order of the Batavia Town Board.

Dated: October 19, 2011

Teressa M. Morasco
Batavia Town Clerk

NOTICE FOR PUBLIC HEARING

COMMUNITY DEVELOPMENT BLOCK GRANT

The Town of Batavia has scheduled a public hearing to be held on Friday, October 28, 2011. The hearing will start at 4pm at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York 14020. Written comments are invited and will be accepted upon delivery to 3833 West Main Street Road, Batavia, NY 14020 prior to the hearing.

The hearing will allow citizens to comment on specific projects for which Community Development Block Grant (CDBG) funding will be sought from New York Homes and Community Renewal.

Persons with disabilities who require special accommodations must notify the Town Clerk with a request for specific accommodations at least 48 hours prior to the Public Hearing.

Dated: October 19, 2011

Gregory H. Post
Supervisor
Town of Batavia

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by Robert Houseknecht to operate a motor vehicle repair shop at 3282 West Main St. Rd., Town of Batavia. This district is zoned commercial. Tax Map #11.-1-621.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by Matthew Fairbairn on behalf of Applebee's Restaurant, Batavia, New York to install an off premise advertising sign at the corner of Park Road and Oak Orchard Rd. on property owned by the Quality Inn at 8200 Park Road in the Town of Batavia. This district is zoned Commercial. Tax Map #8.-1-29.2.

Said hearing will be held on Tuesday, October 18, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, New York at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

NOTICE OF SURPLUS EQUIPMENT

The Town of Batavia declared the 1999 Ford F150 Pickup Truck with an 8 ft. wide snow plow as surplus equipment and will be accepting bids. Bids are only being accepted on Auctions International web site at www.auctionsinternational.com listed under Town of Batavia Equipment until October 17, 2011. For more information contact Tom Lichtenthal at 585-343-1729, ext. 218.

Dated: October 4, 2011

Tom Lichtenthal

Town Highway Superintendent

NOTICE OF ADOPTION OF RESOLUTION BY THE TOWN OF BATAVIA, NEW
YORK, TO GIFT A PORTION OF FEDERAL DRIVE FOR USE BY THE
FEDERAL DETENTION CENTER, SUBJECT TO PUBLIC REFERENDUM

PUBLIC NOTICE is hereby given that the Town Board of the Town of Batavia, New York on the 21st day of September, 2011, adopted a "Resolution to Gift a Portion of Federal Drive for Use by the Federal Detention Center". Said Resolution is summarized as follows:

Subject to the permissive referendum process set forth in Article 7 of the New York State Town Law; the Town will transfer to the United States of America, without consideration, a parcel of land consisting of approximately 260 linear feet that lies west of the intersection of Federal Drive with the West boundary of Commerce Drive, containing approximately 0.435 acre, for use by the Federal Detention Center.

PLEASE TAKE FURTHER NOTICE that this Notice of Adoption represents only a summary of the Resolution. Complete copies of the Resolution are on file at the Office of the Batavia Town Clerk, located at 3833 West Main Street Road, in the Town of Batavia, New York, and are open for public inspection during regular business hours.

Dated: September 21, 2011

Batavia, New York

Teressa M. Morasco, Town Clerk

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application by Genesee County Chapter NYSARC, a Nonprofit Organization, for a special use permit to operate a recycling business at 3785 West Main St. Rd., Town of Batavia. This district is zoned Commercial. Tax Map #7.-1-25.1.

Said hearing will be held on Tuesday, September 6, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, New York at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, August 29, 2011 at 6:55 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Monroe Tractor for an Area Variance under Section 235-39-E-1 of the Town of Batavia Zoning Ordinance pertaining number of building signs, for property identified by Tax Map #4.-1-24, located at 7941 Oak Orchard Rd. in the Town of Batavia. The applicant proposes to erect 2 additional ribbon style building signs along the top edge of the building 33 inches wide x 50 feet long. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals

Gary Diegelman, Chairman

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, August 29, 2011 at 6:50 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Palm Island Indoor Water Park for an Area Variance under Section 235-39-E of the Town of Batavia Zoning Ordinance pertaining number of business signs, for property identified by Tax Map 8.-1-74, located at 8250 Park Rd. in the Town of Batavia. The applicant proposes to attach a 25 square foot business sign designating the indoor water park at the Clarion Hotel. The Zoning Board of Appeals invites and will accept oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals

Gary Diegelman, Chairman

NOTICE OF ADOPTION OF A RESOLUTION BY THE
TOWN OF BATAVIA, NEW YORK, TO PURCHASE
REAL PROPERTY LOCATED AT 999 PARK ROAD

PUBLIC NOTICE is hereby given that the Town Board of the Town of Batavia, New York, on August 17, 2011, adopted a Resolution entitled "Resolution to Authorize the Purchase of Real Property Located at 999 Park Road". Said Resolution is summarized as follows:

Subject to permissive referendum, the Town will purchase for the price of $150,000.00 a vacant parcel of land consisting of approximately 19 acres, located on the southeast corner of Veteran's Memorial Drive and Park Road, in the City of Batavia, County of Genesee and State of New York, known locally as 999 Park Road, Tax Map No. 71.13-3-1.111. The purchase of this land is subject to the following:

a. The installation of sidewalks from the intersection of Route 98 and Park Road to the intersection of Veterans Parkway (cost estimated at $140,000);

b. The installation of directional signage to be located at the above intersections (cost is to be approximately $10,000); and

c. The revitalization of the wetlands, known as "pond", located on the parcel which will ultimately result in the reopening of the pond area allowing enhanced recreational activities for the long-term care patients and behavioral health residents.

PLEASE TAKE FURTHER NOTICE that this Notice represents only a summary of the adopted Resolution. Complete copies of the Resolution, as well as a Summary Appraisal Report, prepared on March 6, 2008, providing an estimated fair market value of this parcel of $150,000.00, the Purchase and Sale Contract, the Buyer's Responsibilities Addendum and the Release of Restrictions on Use; which are referred to in the Resolution, are on file at the Office of the Batavia Town Clerk, located at 3833 West Main Street Road, in the Town of Batavia, New York, and are open for public inspection during regular business hours.

Date: August 17, 2011

Teressa M. Morasco, Town Clerk
Town of Batavia, New York

NOTICE TO BIDDERS

The Town of Batavia will receive sealed bids for the purchase of a new or slightly used 2012 10 Wheel Plow Truck complete with one way plow, wing and dump body and stainless steel v box sander.

Specifications and bid form may be obtained from the office of the Batavia Town Clerk, 3833 West Main Street Road, Batavia, New York, 14020, between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday.

Sealed bids must be in the possession of the Town Clerk, 3833 West Main Street Road, Batavia, New York, no later than 3:00 P.M. on Wednesday, August 24, 2011 at the Batavia Town Hall. Bids will be opened at that time. All bids must be accompanied by a non-collusion statement in order to be considered.

The Town of Batavia reserves the right to reject any and all bids.

Date: August 9, 2011

Thomas W. Lichtenthal, Highway Superintendent

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application by Richard Wallace, 2995 West Main St. Rd., Batavia, New York for a special use permit for a Home Occupation 2 to operate a Holistic Therapy Office in an existing building at his address. This district is zoned Agricultural-Residential. Tax Map #6-1-27.2.

Said hearing will be held on Tuesday, August 16, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, New York at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date. A copy of the application is on file at the Town Hall for review.

By order of the Planning Board

Kathleen Jasinski, Chairman

NOTICE TO BIDDERS

The Town of Batavia will receive sealed bids for Asbestos Removal and Demolition of the Batavia Motel.

Sealed bids must be in the possession of the Town Clerk, 3833 West Main Street Road, Batavia, New York, no later than 3:00 P.M. on Friday, August 12, 2011 at the Batavia Town Hall. Bids will be opened at that time. All bids must be accompanied by a non-collusion statement in order to be considered.

The Town of Batavia reserves the right to reject any and all bids.

Date: July 29, 2011

Thomas W. Lichtenthal, Asst. Town Engineer
Town of Batavia

NOTICE OF SURPLUS EQUIPMENT

The Town of Batavia is accepting bids for a 2010 Ford F-350 XL 4WD, 4door crew cab pickup truck. The truck comes with dual rear wheel, 8 ft. bed, 6.8L V10, dark blue pearl exterior, tan Interior and only has 29,600 miles. It's loaded with cloth captain chairs, cruise, tilt, AM/FM/CD/MP3 player, electronic shift on the fly 4x4, tow package and remote start. Bids are only being accepted on Ebay Motors at www.ebay.com ID#250862226121 until Aug 5th, 2011. For more information contact Tom Lichtenthal at 585-343-1729, ext. 218.

Date: July 26, 2011

Tom Lichtenthal, Town Highway Superintendent

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, July 18,2011 at 6:50 PM in the Town Hall, 3833 West Main St Rd., Town of Batavia, Genesee County, New York to consider the application of Donna Mruczek for an Area Variance under Section 235-14-A-2 and zoning schedule A of the Town of Batavia Zoning Ordinance pertaining to rear yard setback, for property identified by Tax Map #12/5-1-10, located at 49 Edgewood Dr. in the Town of Batavia. The applicant proposes construct a 28 ft by 30 ft storage shed 8 feet from the rear property line where 30 feet is required by the zoning ordinance. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals

Gary Diegelman, Chairman

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board on the application of Genesee Valley Ag-Business Park to re-subdivide a 11.3 acre parcel and a 2 acre parcel of vacant land located at East Main Street Road in the Town of Batavia, tax map #13-1-165.1. This land is zoned Industrial Park.

Said Meeting will be held on Tuesday, June 21, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is available for public inspection prior to the public hearing at the Batavia Town Hall. Written comments will be accepted.

By order of the Planning Board

Kathleen Jasinski, Chairman

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Scoping Meeting will be held by the Town of Batavia Planning Board to determine the items that will be evaluated in the Draft Environmental Impact Statement (DEIS) for the proposed Gardner Estates Subdivision, 5017 Clinton St. Rd. Town of Batavia.

Said Meeting will be held on Tuesday, June 7, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time comments will be heard on the Draft Scoping Document. The Draft Scoping Document will be available for public review at the Batavia Town Hall, 3833 West Main Street Road, Batavia, NY 14020. Written comments will be accepted until the close of business on June 7, 2011.

By order of the Planning Board

Kathleen Jasinski, Chairman

NOTICE FOR PUBLIC HEARING

COMMUNITY DEVELOPMENT BLOCK GRANT

The Town of Batavia has scheduled a public hearing to be held on May 18, 2011 at 6:55 P.M. at Batavia Town Hall, 3833 West Main Street Road to solicit public input regarding a Community Development Block Grant application to the NYS Office of Community Renewal for funding to assist in the establishment of a dairy manufacturing facility in the Genesee Valley Agri-Business Park in the Town.

Persons with disabilities who require special accommodations must notify the Town Clerk with a request for specific accommodations at least 48 hours prior to the Public Hearing. The Town expects to submit an application for a CDBG grant in response to a Notice of Funding Availability issued by the administrative agency for the Fiscal Year 2011 program.

Date: May 11, 2011

Gregory H. Post, Supervisor
Town of Batavia

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Genesee County Economic Development Center for a Preliminary Subdivision to re-subdivide a 10 acre lot for the construction of a food processing plant on East Main St. Rd. Batavia, New York. This district is zoned Industrial Park (IP).

Said hearing will be held on Tuesday, May 3, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board

Kathleen Jasinski, Chairman

NOTICE FOR PUBLIC HEARING

Community Development Block Grant (CDBG) Program

The Town of Batavia, New York has scheduled a hearing for April 20, 2011. The hearing will start at 6:55 P.M. and take place in the Batavia Town Hall, 3833 W. Main Street, Batavia, NY, 14020. The Town Hall is in compliance with accessibility standards set forth in the American's with Disabilities Act. Hearing disabled persons who wish to attend shall call the Town Clerk at 585-343-1729 not less than 48 hours prior to the hearings to make arrangements for an interpreter, if needed. Written public comments will also be accepted.

The public hearing will be held to discuss community development needs and priorities, to provide residents with information about the Community Development Block Grant (CDBG) Program and to describe the Town's plan to meet these priority needs. The Town is considering applying for CDBG funding to make needed infrastructure improvements that would serve potential areas along West Main Street Road. Residents are invited to attend the hearing, to assist the Town in defining community development priorities and to comment on the projects the Town is considering. The Town will provide information at the hearing to comply with the legislative and program requirements which govern the CDBG Program. The Town expects to submit an application for a CDBG Grant in response to a Notice of Funding Availability issued by the NYS Office of Community Renewal (OCR) for the Open Competitive Round of grants for the Fiscal Year 2011 program.

Date: March 16, 2011

Teressa Morasco
Town Clerk

ADA Compliance Notice

The Town of Batavia has adopted a policy statement and complaint procedures to comply with the provisions of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 require that municipalities take affirmative steps to ensure that their federally funded programs and activities are accessible to handicapped and disabled persons.

Persons who feel they have been victims of discrimination under Title II of the ADA and/or Section 504 of the Rehabilitation Act of 1973 may file a complaint by contacting the Town Clerk. Copies of the policy statement, complaint form or other related resource materials may also be reviewed at the Town Clerk's Office.

FAIR HOUSING NOTICE

The Town of Batavia has appointed Councilwoman Patti Michalak as the local Fair Housing Officer for the Town. The Town has also adopted a Fair Housing Plan and maintains resource materials concerning Fair Housing, including Title VIII of the Civil Rights Act of 1968 and the Fair Housing Amendment Act of 1988.

The Federal Fair Housing Law, as well as the Laws of New York State, prohibit discrimination in the sale, rental, financing and brokerage of housing based on race, color, religion, sex, handicap, familial status, or national origin.

Persons who feel they have been victims of housing discrimination may receive assistance in filing a complaint by contacting Councilwoman Patti Michalak at 3833 West Main Street Road, Batavia, New York 14020. Copies of the Fair Housing Plan or other related materials are also available upon request from the Fair Housing Officer.

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Call Farms, Inc. (Monroe Tractor) 8127 Lewiston Rd., Batavia, New York for a Special Use Permit to construct an addition to an existing motor vehicles sales, service and repair shop. This district is zoned Industrial, Tax Map #4-1-24.

Said hearing will be held on Tuesday, April 5, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board

Kathleen Jasinski
Chairman

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Larry Abaire, 3282 West Main St. Rd. Batavia, NY for a Special Use Permit to operate a motor vehicle sales, service, repair and impound yard. This district is zoned Commercial, Tax Map #11-1-62.1.

Said hearing will be held on Tuesday, March 15, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board

Kathleen Jasinski
Chairman

NOTICE FOR PUBLIC HEARING

OFFICE OF COMMUNITY RENEWAL

GRANT PROGRAM

The Town of Batavia Board has scheduled a public hearing for Wednesday, March 16, 2011. The hearing will start at 6:55 p.m. and take place at the Batavia Town Hall, 3833 West Main Street Road, Batavia, NY 14020. Written comments are invited and will be accepted upon delivery to 3833 West Main Street Road, Batavia, NY 14020 prior to the Hearing.

The public hearing will be held to discuss community development needs and priorities and to provide residents with information about the Community Development Block Grant Program. Residents are invited to attend the hearing, to assist the Town in defining community development priorities and to assist the Town Board in identifying possible projects for inclusion in an application for Community Development Block Grant funding. Grant funds may be used for an array of projects including public infrastructure, public facilities, housing rehabilitation, homeownership assistance, private water/wastewater assistance, and economic development projects. Grant awards up to $400,000 are available for housing assistance and public facilities projects; and up to $600,000 for public water and sewer projects. The Town will provide more detailed information at the hearing to comply with the legislative and program requirements which govern the Community Development Block Grant Program. The Town expects to submit an application for a Community Development Block Grant in response to a Notice of Funding Availability issued by the New York State Office of Community Renewal for the Fiscal Year 2011 program.

The Town Hall is in compliance with accessibility standards under the Americans with Disabilities Act. Persons with disabilities who require special accommodations must notify the Town Clerk with a request for specific accommodations at least 48 hours prior to the Public Hearing. The Town expects to submit an application for a CDBG grant in response to a Notice of Funding Availability issued by the administrative agency for the Fiscal Year 2011 program.

By order of the Planning Board

Teressa M. Morasco
Town Clerk
Dated: February 16, 2011

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Ben Thompson (Grease Lightening/Oil Doctor) 4003 West Main St. Rd., Batavia, NY for a Special Use Permit to convert a portion of the existing building into sales area for motorcycles. This district is zoned Commercial, Tax Map #8-2-89.

Said hearing will be held on Tuesday, March 1, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board

Kathleen Jasinski
Chairman

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Mark Tiedmann, MWT Architecture of Kenmore, NY for a Special Use Permit to construct a four story Holiday Inn hotel in an Industrial Park at 8360 Commerce Drive in the Town of Batavia. Tax Map #8-1- 71.

Said hearing will be held on Tuesday, February 15, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board

Kathleen Jasinski
Chairman

NOTICE TO BIDDERS

The Town of Batavia will receive sealed bids for refuse removal at the Town of Batavia Transfer Station.

Interested bidders may obtain service specifications from the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, 14020 or by contacting the Town Clerk's Office at 343-1729. All bids must be received by 10:00 A.M. on Wednesday, February 9, 2011 at the Batavia Town Hall. Bids will be opened at that time. All bids must be accompanied by a noncollusion statement in order to be considered.

The Town of Batavia reserves the right to reject any and all bids.

Teressa M. Morasco
Batavia Town Clerk
Dated: January 19, 2011

NOTICE FOR PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Nathaniel Development, as accepted on January 4, 2011, for a Subdivision of 10.112 acres of vacant land for 19 single family homes to be located on Clinton Street Road in a Residential zone in the Town of Batavia. Tax Map #9-1-84.11 and 9-1-194.

Said hearing will be held on Tuesday, January 18, 2011 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:00 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board
Kathleen Jasinski,
Chairman

NOTICE OF RECEIPT OF TAX ROLL AND WARRANT

TAKE NOTICE, that I, Teressa M. Morasco, the undersigned Collector of Taxes of the Town of Batavia, County of Genesee, New York, have duly received the tax roll and warrant for the collection of taxes within the Town of Batavia for the year 2011 and that I will receive at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, during the months of January, February, and March, Monday, Tuesday, Thursday, and Friday, 8:30 a.m. to 4:30 p.m., and Wednesday, 8:30 a.m. to 7:00 p.m. for the purpose of receiving taxes on said roll. Payment also may be made by mail at the any time.

FURTHER, TAKE NOTICE, that taxes may be paid on or before January 31, 2011 without charge of interest. On all taxes collected after such date there shall be added interest of one percent for each month until the return of the unpaid taxes is made to the Genesee County Treasurer on the 1st day of April, 2011.

Dated: December 21, 2010
Teressa M. Morasco,
Town Clerk/Tax Collector
Town of Batavia

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Richard Stewart for a Special Use Permit to allow a Home Occupation II to operate a fence company in a residential zone at 8244 State Street Road in the Town of Batavia. Tax Map # 8.-1-34.

Said hearing will be held on Tuesday, September 7th, 2010 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board
Kathleen Jasinski,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Ray Nichols, 2720 Pearl St. Rd., Corfu, NY 14036 for a Special Use Permit to construct a self service storage building at that address. This property is zoned Commercial. Tax Map # 14.-1-7.

Said hearing will be held on Tuesday, August 17th at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the proposed subdivision plan is on file at the Town Hall for review. Written comments will be accepted prior to that date.

By order of the Planning Board
Kathleen Jasinski,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, August 16, 2010, at 6:50 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Richard Stewart for an Area Variance under Section 235-44-c (5) of the Town of Batavia Zoning Ordinance pertaining to to size of a home occupation business sign, for property identified by Tax Map #8.1-34, located at 8244 State Street in the Town of Batavia. The applicant proposes to erect a sign 12 square feet in area on the side of a builiding for a home occupied business. Building was used in the past as a motorcycle shop. Current zoning regulations allows for a sign of this nature to be 4 square feet in area. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD
TO CONSIDER ADOPTING A PROPOSED LOCAL LAW

PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Batavia, New York on the 28th day of July, 2010, proposed Local Law #2 of 2010 entitled "A Local Law to Enact Part A of the New York State 2010 Retirement Incentive Program". Said Local Law will provide employees who are members of the New York State and Local Employees� Retirement System, and otherwise meet the eligibility requirements pursuant to Part A of the New York State 2010 Retirement Incentive Program, with the allowable benefits pursuant to this Program of one (1) additional month of service credit for each year of service credit as of the date of retirement, with a maximum amount of additional service credit to be no more than three (3) years. The Town has also established that eligible employees shall be employed in the following titles:

A. Building Inspector
B. Sr. Water/Waste Water Maintenance Worker
C. Automotive Mechanic

PLEASE TAKE FURTHER NOTICE that on 18th day of August, 2010, at 6:55 o'clock in the afternoon of that day the Town Board of the Town of Batavia, New York will conduct a public hearing at the Batavia Town Hall located at 3833 West Main Street Road in the Town of Batavia, New York for the purpose of considering the advisability of enacting said proposed Local Law, at which time and place all persons interested will be heard.

A copy of said proposed Local Law is on file at the Office of the Batavia Town Clerk, 3833 West Main Street Road, Batavia, New York, and is open for inspection during regular Office hours.

Dated: July 28, 2010
Teressa M. Morasco,
Town Clerk
Town of Batavia, New York

ESTABLISHING WORKDAY ELECTED AND APPOINTED OFFICIALS
EXEMPT FROM THE TIME AND ATTENDANCE SYSTEM

RESOLVED, the Batavia Town Board herby establishes the following as a standard workday for elected and appointed officials exempt from the time and attendance system and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to Town Clerk and Secretary to the Supervisor:

Click to view the complete notice

Dated: June 16, 2010
Teressa M. Morasco,
Town Clerk

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, June 23, 2010, at 6:45 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Chris and Lisa Suozzi for an Area Variance under Section 235 schedule A of the Town of Batavia Zoning Ordinance pertaining to side lot line setback, for property identified by Tax Map #8.17-1-25, located at 10 Valley Drive in the Town of Batavia. The applicant proposes to construct a single family home 6 feet and 7.75 feet from the side property lines where 8 feet and 15 feet side yard setbacks are required by zoning regulations. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Jeffrey L. Frens, Precision Graphics, 3475 Pearl St. Rd., Town of Batavia for a Special Use Permit to operate a skilled trade shop and construct a sign 28 sf on his property. This property is zoned Ag/Residential. Tax Map # 11.-1-54.11

Said hearing will be held on Tuesday, June 1st, 2010 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date.

By order of the Planning Board
Kathleen Jasinski,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Stephen J. Castilone, 306 West Main St., Batavia, NY, for a Special Use Permit to construct a new motor vehicle sales, service and repair facility on West Main St. Road in the Town of Batavia. This property is zoned Commercial. Tax map Parcel 7.-1-33.

Said hearing will be held on Tuesday, June 1st, 2010 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:35 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date.

By order of the Planning Board
Kathleen Jasinski,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, April 19, 2010, at 6:30 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Katherine and Lawrence Riegel for an Area Variance under Section 235 schedule A of the Town of Batavia Zoning Ordinance pertaining to front yard property line setback, for property identified by Tax Map #11.-2-17.1, located at 3644 West Main Street Rd. in the Town of Batavia. The applicant proposes to add a new garage in front of an existing garage and converting the existing garage into living space. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, April 19, 2010, at 6:40 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Lous J. Lang for an Area Variance under Section 235-45 and schedule A of the Town of Batavia Zoning Ordinance pertaining to front yard setback, for property identified by Tax Map #20.-2-35.1, located at 4833 Batavia Bethany Townline Rd. in the Town of Batavia. The applicant proposes to add a 3 sided addition to an exissting storage building to be used partially as a roadside stand to sell produce raised by the owner. Applicant is proposing a 30 foot setback where 50 feet is required. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, April 19, 2010, at 6:50 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Gregory O'Brien for an Area Variance under Section 235 and schedule A of the Town of Batavia Zoning Ordinance pertaining to rear yard property line setback, for property identified by Tax Map #13.-1-14.2, located on East Main Street Rd. West of Seven Springs Rd. in the Town of Batavia. The applicant proposes to construct a 60 foot by 40 foot storage building 15 feet from the rear property line where 30 feet is required. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday, April 19, 2010, at 7:00 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of Jay Parmenter for an Area Variance under Section 235-39E of the Town of Batavia Zoning Ordinance pertaining to size of free standing sign, for property identified by Tax Map #4.-1-45.1, located at 4531 West Saile Dr. in the Town of Batavia. The applicant proposes to erect a free standing sign consisting of 108.75 square feet where 75 square feet is allowed by zoning regulations. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING
AGRICULTURAL & FARMLAND PROTECTION PLAN

NOTICE IS HEREBY GIVEN that the draft revised copy of the Agricultural and Farmland Protection Plan is complete and has been filed in the Office of the Town Clerk of the Town of Batavia, where it is available for public inspection during regular business hours and via the Town of Batavia Website at www.townofbatavia.com.

Notice is also given that the Town Board of the Town of Batavia will hold a Public Hearing on the Agricultural Farmland Protection Plan at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York beginning at 6:30 P.M. on Wednesday, April 21, 2010 at which time and place any person will be heard.

Dated: March 17, 2010
By order of the Batavia Town Board
Teressa M. Morasco,
Batavia Town Clerk

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Batavia will hold a Public Hearing on Monday March 15, 2010, at 6:45 P.M. in the Town Hall, 3833 West Main St Rd, Town of Batavia, Genesee County, New York to consider the application of North Star Housing and Development Corp. for 3 Area Variances for property identified by Tax Map #9.-1-84.11 and 9.-1-194, located on Violet Lane in the Town of Batavia. These variances pertain to sections 235-26 (B), 235-41.1 and schedule A of the Town of Batavia Zoning Ordinance. North Star is requesting a 25 foot front yard setback for buildings in the development where a 50 foot setback is required. The second variance pertains to a request for a 25 foot side yard setback where 50 feet is required for the community building and the third pertains to waiving a requirement for an enclosed building for parking for each unit. The Zoning Board of Appeals invites and will accept both oral and written comments relevant to this application at said hearing. A copy of the application is available for review at the Town Hall.

Dated: March 1, 2010
By order of the Town of Batavia Zoning Board of Appeals
Gary Diegelman,
Chairman

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of North Star Housing and Development Corporation of Rochester, NY for a Special Use Permit to construct a 56 unit apartment complex with community center (Gardner Estates) on a 10 acre site located at 5017 Clinton St. Rd. in the Town of Batavia. Tax Maps #9.-1-84.11 and #9.-1-194. This property is zoned Residential.

Said hearing will be held on Tuesday, March 2, 2010 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date.

Dated: March 1, 2010
By order of the Planning Board,
Kathleen Jasinski,
Chairman

NOTICE TO BIDDERS

The Town of Batavia will receive sealed bids for refuse removal at the Town of Batavia Transfer Station.

Interested bidders may obtain service specifications from the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, 14020 or by contacting the Town Clerk�s Office at 343-1729. All bids must be received by 10:00 A.M. on Wednesday, February 10, 2010 at the Batavia Town Hall. Bids will be opened at that time. All bids must be accompanied by a noncollusion statement in order to be considered.

The Town of Batavia reserves the right to reject any and all bids.

Dated: January 20, 2010
Teressa M. Morasco
Town Clerk

DOCUMENT 00020

ADVERTISEMENT FOR BIDS

Separate sealed Bids for the installation of 17,700 linear feet of 8-inch water main, valves, hydrants and appurtenances along Pike Road and Wortendyke Road will be received by the Town of Batavia until 3:00 p.m. (Local Time) on February 3, 2010, and then at said office publicly opened and read aloud.

The Contract Documents may be examined at the following locations:

Town of Batavia
3833 West Main Road
Batavia, New York 14020

Clark Patterson Lee
186 North Water Street
Rochester, New York 14020

Copies of the Contract Documents may be obtained ONLY at the office of the Engineer upon payment of $100.00 for each set. Checks for Contract Documents should be made payable to the Town of Batavia. Requests for mailing of Contract Documents shall only be made to the Engineer. Enclosed with the request for mailing shall be two checks: one check made payable to the Town of Batavia for $100.00 for the Contract Documents; and a check made payable to Clark Patterson Lee for $25.00 for handling and mailing fees.

Each bid must be accompanied by a certified check or bid bond from a domestic carrier licensed to do business in the State of New York in the amount of not less than five (5%) of the amount of the bid submitted.

Bidders on this work will be required to comply with the President�s Executive Order Nos. 11,246 and 11,375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin.

The successful bidder must be an equal opportunity employer, must meet all appropriate State and Federal standards, and comply with all relevant governmental regulations.

Statement of Non-Collusion: Bidders on the contract are required to execute a non-collusive bidding certificate pursuant to Section 103d of the General Municipal Law of the State of New York.

Security for Faithful Performance: The successful bidder will be required to furnish Performance and Labor and Material Payment Bonds written by firms licensed to do business in New York State, each in the amount of one hundred percent (100%) of the contract amounts in accordance with the provisions of the Contract Documents.

Sales and Use of Tax Exemptions: The Town of Batavia is exempt from the payment of sales and compensation use taxes of the State of New York and of cities and counties on all materials, equipment, and supplies sold to the Town of Batavia pursuant to this contract. Also exempt from such taxes are purchases by the Contractor and his Subcontractors of materials, equipment, and supplies to be sold to the Town of Batavia pursuant to this contract, including tangible personal property to be incorporated in any structure, building, or other real property forming part of the project. These taxes are not to be included in the Bid.

All bids shall be binding for a period of sixty (60) days after the bid opening date. The Town of Batavia reserves the right to reject any and all bids and to waive any informalities therein.

Dated: January 8, 2010
Teressa M. Morasco
Town Clerk

NOTICE OF PUBLIC HEARING

OFFICE OF COMMUNITY RENEWAL

GRANT PROGRAM

The Town of Batavia Board has scheduled a public hearing for Wednesday, January 20, 2010. The hearing will start at 6:55 p.m. and take place at the Batavia Town Hall, 3833 West Main Street Road, Batavia, NY 14020. Written comments are invited and will be accepted upon delivery to 3833 West Main Street Road, Batavia, NY 14020 prior to the Hearing.

The Public Hearing will be held to discuss approximately $40 million available statewide (up to $750,000 locally for this purpose) in Community Development Block Grant (CDBG) grant funds available. Eligible activities include Housing, Public Facilities, Public Infrastructure (water & sewer) and economic development. Residents are invited to attend the hearing, to assist the Town in defining community development priorities and to assist the Board in identifying possible projects for inclusion in an application for funding under the Office of Community Renewal program.

Dated: January 6, 2010
Teressa M. Morasco
Town Clerk

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD

OF THE TOWN OF BATAVIA, NEW YORK

TO CONSIDER ADOPTING A PROPOSED LOCAL LAW

PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Batavia, New York on the 16th day of December, 2009, proposed Local Law #1 of 2010 entitled "A Local Law to Authorize a Grant to the Genesee County Industrial Development Agency to Develop the Upstate Med & Tech Park and the Genesee Valley Agricultural Business Park". Said Local Law will authorize the Town of Batavia to grant the sum of $113,000.00 to the Genesee County Industrial Development Agency, d/b/a Genesee County Economic Development Center (GCEDC) in order to allow the GCEDC to plan, design and construct sewer and electrical utility improvements to facilitate the establishment of two projects in the Town of Batavia entitled the Upstate Med & Tech Park and the Genesee Valley Agricultural Business Park.

PLEASE TAKE FURTHER NOTICE that on 20th day of January, 2010, at 6:50 o'clock in the afternoon of that day the Town Board of the Town of Batavia, New York will conduct a public hearing at the Batavia Town Hall located at 3833 West Main Street Road in the Town of Batavia, New York for the purpose of considering the advisability of enacting said proposed Local Law, at which time and place all persons interested will be heard.

PLEASE TAKE FURTHER NOTICE that this notice represents only a summary of the proposed Zoning Law Amendment. A complete copy of the Local Law is on file at the office of the Batavia Town Clerk, 3833 West Main Street, Batavia, New York and is open for public inspection during regular office hours.

Batavia, New York
Dated: December 16, 2009 Teressa M. Morasco, Town Clerk
Town of Batavia, New York

Notice of Public Hearing

AGRICULTURAL & FARMLAND PROTECTION PLAN

NOTICE IS HEREBY GIVEN that the draft copy of the Agricultural and Farmland Protection Plan is complete and has been filed in the Office of the Town Clerk of the Town of Batavia, where it is available for public inspection during regular business hours and via the Town of Batavia Website at www.townofbatavia.com.

Notice is also given that the Town Board of the Town of Batavia will hold a Public Hearing on the Agricultural Farmland Protection Plan at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York beginning at 6:30 P.M. on Wednesday, January 20, 2010 at which time and place any person will be heard.

By order of the Batavia Town Board.
Dated: December 16, 2009 Teressa M. Morasco
Batavia Town Clerk

Notice of Public Hearing

ON THE 2010 TOWN BUDGET

NOTICE IS HEREBY GIVEN that the Preliminary Budget of the Town of Batavia for fiscal year 2010 has been completed and filed in the Office of the Town Clerk of the Town of Batavia, where it is available for public inspection during regular business hours.

Notice is also given that the Town Board of the Town of Batavia will hold a Public Hearing on the Preliminary Budget at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York beginning at 6:45 P.M. on Wednesday, November 4, 2009 at which time and place any person will be heard in favor of or in opposition to any item or items contained therein.

Public Official Salaries -- 2010
Supervisor:	$30,000.00
Deputy Supervisor:	$15,000.00
Councilmen (3):	$10,000.00
Town Clerk/Tax Collector:	$45,047.00
Highway Superintendent:	$58,861.00
Town Justices (2):	$21,542.00

The foregoing by order of the Batavia Town Board.
Teressa M. Morasco
Batavia Town Clerk
October 21, 2009

Notice of Public Hearing

SEWER RENTS � MAY 2010 � FEBRUARY 2011

NOTICE IS HEREBY GIVEN that a public hearing will be held November 4, 2009 at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, at 6:50 P.M. for the purpose of imposing Sewer Rents. The proposed sewer rents for May 2010 to February 2011 are, Sewer District No. 1 at $5.30/1,000 gallons and Sewer District No. 2 at $5.30/1,000 gallons.

The foregoing by order of the Batavia Town Board.
Teressa M. Morasco
Batavia Town Clerk
October 21, 2009

Notice of Public Hearing

WATER RATE � MAY 2010 � FEBRUARY 2011

NOTICE IS HEREBY GIVEN that a public hearing will be held November 4, 2009 at the Batavia Town Hall, 3833 West Main Street Road, Batavia, New York, at 6:55 P.M. for the purpose of imposing water rates. The proposed water rate for May 2010 to February 2011 is $4.35.

The foregoing by order of the Batavia Town Board.
Teressa M. Morasco
Batavia Town Clerk
October 21, 2009

Notice of Public Hearing

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Rob Woodford, Mercy Flight, for a temporary use permit to install a mobile home at Genesee County Airport as a temporary office for the Mercy Flight Ambulance Service. Tax Map #5.-1-66. This land is zoned Industrial.

Said hearing will be held on Tuesday, September 15, 2009 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:30 p.m. at which time all interested persons will be heard. A copy of the application is available at the Town Hall. Written comments will be accepted.

By order of the Planning Board
Kathleen Jasinski, Chairman
September 1,2009

Notice of Public Hearing

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Matt Redmond, Batavia Automotive, 10 Vine St., Batavia, NY for a Special Use Permit to allow a motor vehicle repair garage in a pre-existing motor vehicle collision shop at 8400 Lewiston Rd., Town of Batavia. Tax Map #8.-2-38. This land is zoned Commercial.

Said hearing will be held on Tuesday, September 15, 2009 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:35 p.m. at which time all interested persons will be heard. A copy of the application is available at the Town Hall. Written comments will be accepted.

By order of the Planning Board
Kathleen Jasinski, Chairman
September 1,2009

Notice of Public Hearing

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding the application of Mark Wood, 130 Pearl St. Batavia, NY for a Special Use Permit to install a mobile home as a residence during a single family home construction project on Rose Road, Town of Batavia. Tax map #18.-1-1.1. This land is zoned Ag/Residential.

Said hearing will be held on Tuesday, September 15, 2009 at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY at 7:40 p.m. at which time all interested persons will be heard. A copy of the application is available at the Town Hall. Written comments will be accepted.

By order of the Planning Board
Kathleen Jasinski, Chairman
September 1,2009