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Judge issues preliminary injunction, halting STAMP sewer line in Orleans County

By Tom Rivers
sewer pipeline stamp
Traffic was limited to one-way on Route 63 on Aug. 30 while contractors installed a new sewer pipe in the Town of Alabama.
Photo by Tom Rivers.

A State Supreme Court has issued a preliminary injunction and temporarily won’t be allowing a sewer line to be constructed in Orleans County, running from the STAMP manufacturing site about 10 miles north to Oak Orchard Creek.

Contractors started installing the 20-inch sewer main last month and are headed north along 63. They haven’t reached Orleans County yet.

Judge Sanford Church on Monday issued the preliminary injunction and set a court date for Oct. 23 at the County Courthouse in Albion.

Orleans County has filed a lawsuit against Genesee County Industrial Development Agency of Batavia, Genesee Gateway Local Development Corporation of Batavia, Stamp Sewer Works, Inc. of Batavia, G. Devincentis & Son Construction Co., Inc. of Binghamton, Clark Patterson Lee of Rochester, and Highlander Construction of Memphis, NY.

Orleans contends the GCEDC didn’t properly form STAMP Sewer Works for the project and doesn’t have a right to seek construction easements in Orleans, which is outside Genesee County. Genesee never asked for Orleans permission to undertake the project, Orleans says in the suit.

Orleans economic development officials are also concerned the discharge of treated water from STAMP, at up to 6 million gallons a day at full capacity, could limit economic development efforts in Medina by overtaxing the creek.

GCEDC notes engineering reports say there would be another 10 million gallons of daily capacity for the creek from the Medina sewer plant if STAMP were at full capacity. The first two tenants at STAMP, Plug Power and Edwards Vacuum, would have a daily discharge of 50,000 gallons of treated wastewater GCEDC said.

GCEDC says it secured all required permits and approvals for construction and use of the force main for the sewer, including a right-of-way permit from the United States Fish and Wildlife Service to cross the Iroquois National Wildlife Refuge and a discharge permit from the New York State Department of Environmental Conservation.

The Iroquois National Wildlife Refuge has temporarily paused drilling as part of the construction after sinkholes were observed in the right of way of the refuge.

There also are fluids associated with subsurface drilling that appeared on the refuge surface outside the perimeter of the right of way, the U.S. Fish and Wildlife Service said in a statement on Tuesday.

Craig Leslie, GCEDC attorney, said in a Sept. 11 court filing, asked the judge not to approve a preliminary injunction and temporary restraining order.

“Orleans County’s allegations are wholly inconsistent with the facts and the law and smack of a frivolous and politicized attack on the STAMP project,” wrote Leslie, an attorney with Phillips Lytle LLP.

Orleans County, represented by attorney Jennifer Persico of Lippes Mathias LLP, contends the Genesee agencies and others named and in the lawsuit “have been engaged in a conspiracy not only to violate General Municipal and Transportation Corporations Law but also to defraud the residents of Orleans County and citizens of New York State in general by misusing millions of taxpayer dollars to fund an unauthorized project all while acting outside of their respective authority,” according to the Orleans court filing on Sept. 11, seeking the preliminary injunction.

Photo and story courtesy OrleansHub. Tom Rivers is editor of OrleansHub.

O-A board hears presentation on $23 million capital improvement project

By Howard B. Owens
Richard Little SEI oakfield-alabama presentation
Richard Little, business development with SEI Design, during a presentation Tuesday to the Board of Education for the Oakfield-Alabama Central School District on a capital improvement project proposal.
Photo by Howard Owens.

The Oakfield-Alabama Central School District is considering a new $23 million capital improvement project that would modernize and reconfigure classrooms, replace outdated heating and air units, upgrade locker rooms, replace and upgrade athletic fields, and add new parking.

The district would need to issue $20 million in bonds to finance the project at a cost of $7.2 million in interest.

If approved, the district would use $3 million from the capital reserve fund as a "down payment" on the expenditure.

State aid would cover 93.4 percent of the $20 million, which would be reimbursed to the district over the life of the 15-year bond.  If the project is approved by the board, voters in the district will get a chance to vote yes or no in December.

Consultants from SEI Design Group, who have been working with the district's facilities committee, presented an outline of the proposal plan to the Board of Education on Tuesday.

A big reason the district can cover the local share of the school building project without a tax increase is that when the district bonded (borrowed money), the annual payment on principal was $350,000 less than budgeted, said Christine Griffin, district business manager.

That $350,000 in the 2023-24 budget was used to finance a playground.  Going forward, it could help offset the cost of the new capital improvement project, negating the need for a higher tax rate to cover the local share of the project.

Existing capital reserve funds would also help cover the local share costs.

Board members wanted to know what portion of the project is critical, that it must be completed soon, and the answer is pretty much all of the school building work.

The critical portions of the project include replacing the high school and middle school HVAC rooftop units, which are 30 to 40 years old.

"The biggest thing is going to be mechanical, electrical plumbing impacts," said Richard Little, business development with SEI. "These were items that were identified during the (committee). The HVAC rooftop units are either being worked on excessively or reached the end of their usefulness. We can't get parts, so we need to replace them. Those were flagged not only by the engineers but also by (the committee)."

Then in the science classroom, the concrete slabs have settled in areas creating uneven floors.

"We're going to have to tear the rooms out just to fix the slab settlement issue," Little said.

There is also work that needs to be done on the pool and on an auditorium wall, Little said.  There is also carpet that is worn out and needs to be replaced with new flooring (it won't be carpet, Little said).

"Once you go into a room and start working on it, once you've touched it, you are not going to be able to go back to that room for 15 years without being penalized or questioned," Little said, addressing state aid rules about school renovation projects. "So once we're in there, we're taking advantage of it and renovating more spaces. You can vary that if you want to. You can make different types of modifications, but it's just a good opportunity to get that funding from the state."

The school building proposal, if broken out into a separate ballot initiative, would cost $15.6 million.  The athletic field portion would be $7.3 million.  It would include a new oval track, new shotput and jump pits, as well as new softball and baseball fields.

The board will decide at its October meeting whether to ask the voters to approve the two aspects of the project separately or together.  

Trustee Matt Lamb expressed concern that there are people in the community who are hearing rumors that the district is considering a new football stadium, which isn't the case.

"I got a phone call from somebody who wasn't able to attend the meeting tonight and described the project as the football stadium project, so we just need to be careful that this isn't seen as the football stadium capital project," Lamb said.

Trustee Jeff Hyde noted that since Batavia High built a new stadium, Van Detta is in steady use for various events, not just school events. And though this isn't a stadium project, he said he thinks an upgrade to the track and ball fields help bring more visitors into Oakfield.

"I mean, if I'm a business owner, if I'm smart, if I'm somebody who wants more people in this town, this is something that may give it to us," Hyde said.

For a PDF of the SEI presentation, click here.

Batavia/ND United gets go-ahead for yearly trip, to play Queensbury

By Joanne Beck
Feb. 17, 2023 Batavia United
2023 File Photo of a Batavia/ND United Hockey game at the David McCarthy Ice Arena in Batavia, by Steve Ognibene

It’s a rite of fall, when the pitch goes in for the boys Batavia/ND United Hockey team trip for an away game, and coaches Marc Staley and John Kirkwood made their presentation to the city school board this week.

The team saw a lot of action during the course of a season, Staley said, hosting Pittsford, Victor, Williamsville East, Grand Island and others at the David McCarthy Ice Arena in Batavia. This past year they were invited to Glens Falls Civic Center to play in January against Queensbury. 

“This is a no-joke trip,” Staley said. “This will really test our kids.”

The trip would include a two-game weekend on January 5 and 6, and would require an early dismissal on that Friday for a 5 p.m. start time for the first game. 

Considered to be traveling in “true hockey fashion,” the players would stay with their parents in a hotel per the usual arrangement, in a no-frills excursion to play hockey and return home on Saturday, he said.

The accompanying materials for the trip state that participation in these two games “will provide an opportunity from Batavia, Notre Dame, Oakfield-Alabama and Elba Central school athletes to compete against solid competition.” 

“Being an independent Class B team playing out of Section V, we do not have a league per se to play in,”  the coaches state in the document. “This has forced us to go out and generate our own 20-game schedule. The coaches agree wholeheartedly that the freedom and luxury of scheduling games outside of our section gives our student-athletes and our United program greater exposure to high school hockey across the state. Aside from the excellent competition, it’s also a lot of fun for the kids and families and helps build a unique culture.”

Only one board member had a question, and that was, what if a parent cannot make the trip — what happens to that student? When that has happened in the past, another family usually lets the student stay with them, Staley said. 

“We went to Albany last year. We typically like to travel once a year,” he said. “We had 11 home games and nine away games.”

Part of no-frills means that the parents provide the transportation and the lodging and meals during the trip, so there is no cost attached. The school board unanimously approved the trip. 

In a related vote, the board also approved a license agreement with Batavia Sports Facility Management for use of the David McCarthy Ice Arena, with rental fees of $225 per hour for weekday afternoons after 3 p.m. and for all weekend practice times and $150 an hour weekdays between 7 a.m. and 3 p.m. The district/licensee will also pay $265 per hour for all game times. 

Mockingbird Farm Sanctuary to host fall festival October 7

By Press Release

Press Release:

Mockingbird Farm Sanctuary is pleased to announce the 2nd annual Fall at the Farm Festival on Saturday, October 7 from 1 - 6 p.m. The sanctuary grounds are located at 5978 Upper Holley Rd, Byron. The suggested donation for admission is $10/person to help us reach our goal of raising $15,000 to stock our winter hay supply.

The festival will bring together local vendors featuring everything from artwork to a plant truck. Farm Fest attendees will also have the opportunity to purchase and taste a wide variety of local vegan food from vendors including Grass Fed Rochester, New Ethic Pizzeria & Cafe, Isotope Ice Cream and Desserts, and more.

Visitors will enjoy complimentary family-friendly activities like face painting, crafts and games, live music, and more. In addition to a donation-based pumpkin patch, there will be giveaways and a raffle. Attendees will also have the opportunity to meet some of the 52 animals by taking a self-guided walking tour of the farm. Last year’s festival drew hundreds of attendees.

For more information about attending as a member of the media, please send an email to Mockingbirdfarmny@gmail.com. We hope to see you at the festival!

NYC has change of heart, drops lawsuit against Genesee County

By Joanne Beck

They huffed and they puffed, but eventually, New York City opted to blow Batavia off of its list of defendants to sue for banning undocumented immigrants from seeking shelter in Genesee County.

County Manager Matt Landers had first issued a State of Emergency in May after receiving word that busloads of immigrants were potentially being sent to upstate New York, including Genesee County. Landers followed the move made by Orleans County, and, in dominoes fashion, counties began to react to their neighbors and filed one by one so as not to be the only county left with no protection if and when those immigrants arrived.

County Attorney Jim Wujcik informed legislators Wednesday that the plaintiffs had a change of heart.

“New York City filed for a discontinuance; they’re no longer suing Genesee County,” he said.

The official letter from Assistant Corporation Counsel Doris Bernhardt provided no explanation other than the plaintiff was discontinuing its lawsuit against the county and Landers “without prejudice and without costs to any party.”

Landers filed three executive orders, as he continued to extend the initial one two more times. New York City filed its lawsuit in June against 30 municipalities and was seeking to invalidate those executive orders, claiming that they were unconstitutional and impeded the rights of people who are legally within the borders of the United States as asylum seekers to travel and use public accommodations.

Genesee County strikes deal with two ambulance providers to cover all bases

By Joanne Beck
mercy ems ambulance 2015
File photo of a then-new Mercy EMS ambulance in 2015. Parent company Mercy Flight will be contracting with Genesee County in a county effort to provide more "accountable" ambulance services moving forward. 
Photo by Howard Owens.

After taking several months to evaluate Genesee County’s issues and needs in regard to ambulance services for residents, county Manager Matt Landers delivered a solution this week that he believes will do the job.

Landers worked with Emergency Management Services Coordinator Tim Yaeger and county Attorney James Wujcik to establish a formal contract with Le Roy Ambulance Services and Mercy Flight, Landers told legislators during the Ways and Means meeting Wednesday.

“We’ve spent about a year reviewing this issue of shoring up and strengthening our local ambulance providers between Mercy Flight and Le Roy Ambulance. We think we have all the bases covered. And this allows us to provide additional funding to those two professional ambulance providers, paid professional ambulance providers  … The one here with Le Roy takes effect Oct. 1. The one for Mercy Flight that we're negotiating with would take effect Jan. 1,” Landers said after the meeting. 

“So it provides additional funds to stabilize, it holds them, it makes them more accountable. They have to meet minimum standards for response times, or they have to meet minimum standards for number of ambulances to keep on staff. So there's minimum requirements that they must comply with in order to keep the funding throughout the county.”

Back in February, Landers confirmed that he and others had been asked by legislators to work on this issue and also clarified that, contrary to popular belief, the county did not have any formal contract for ambulance services. 

The issue of ambulance services and response times had come up during budget talks by City Council members, and The Batavian asked Landers for his input at the time. His concern was primarily on response times in the rural areas of the county, which provides “a minimum contract of $12,500 on an annual basis to go towards their Mercy Flight air,” and nothing official or directly for ambulance service.

The county Legislature is set to give the final vote next week on the resolution to pay Le Roy Ambulance Service $77,220 for ambulance and emergency advanced life support/paramedic service needs, $5,000 for related financial documents, and $187,705 for equipment and related maintenance for a three-year term beginning Oct. 1. 

The contract stipulates that Le Roy will provide pre-hospital emergency medical services within its Certificate of Need operating authority or when mutual aid has been requested by a municipality located within the county.

The total cost of $212,005 is to be offset by county sales tax proceeds.

“So Le Roy would be within the boundaries of Le Roy, and Mercy Flight will be throughout the whole county,” Landers said. “And that one we’re still finalizing, but they should come before this Legislature in October. 

“So I have many counterparts in the state that have actually had to invest in buying ambulances and having a county-run ambulance system with county EMTs,” he said. “We already have paid professional providers in our community that are doing an excellent job. This ensures their longer-term viability, their longer-term success and ensures the county doesn't have to enter into the business itself.”

Batavia Downs publicist elected to Harness Racing Hall of Fame

By Press Release

Press Release:

tim bojarski
Submitted photo of
Tim Bojarski.

Tim Bojarski, longtime writer, columnist, and racing publicist for Batavia Downs racetrack, has been elected to the Harness Racing Hall of Fame as a Communicator by the members of the United States Harness Writers Association (USHWA).

Bojarski began his contact with harness racing communications in 1986 at Batavia Downs by writing horsemen profiles and authoring a tip sheet. Since then the Akron, resident has written feature articles for renowned racing magazines Horseman And Fair World, Trot Magazine, and most notably Hoof Beats Magazine, where he is in his 23rd year of feature writing for the award-winning magazine of the United States Trotting Association.

Besides his current position with Batavia Downs, the busy Bojarski is also employed as a publicist by Plainridge Park near Boston, Massachusetts, the Standardbred Owners of Massachusetts, the Massachusetts Sire Stakes, the New York Sire Stakes, and the Goshen Standardbred Sales. 

Bojarski served two years as the National President of USHWA (2016 to 2017) and has been the president of the Upstate New York Chapter of USHWA since 2008. He was named USHWAN of the Year in 2007 and received the 2017 Clyde Hirt Memorial Media Award for excellence in harness racing reporting from Harness Horsemen International.

Also being inducted as a Communicator is the late Dave Brower, who worked for many years at the Meadowlands Racetrack and covered every major race in the sport, trainer Jim Campbell, owner/breeder David McDuffee, and driver Ed Lohmeyer (in the Veteran category) who will all be entering the Hall for their racing achievements.

Bojarski will be honored in two upcoming ceremonies. He will receive his first formal recognition at the Dan Patch Awards Banquet, presented by Caesars Entertainment, on Feb. 25, 2024, at the Rosen Centre Resort in Orlando, Fla. The second event will be the formal induction to the Hall of Fame in Goshen, New York on July 7, 2024. 

Boxcar derbies match speed of workforce development, coach says

By Press Release
oakfield-box-car-derby-2023-5.jpg
Photo from 2023 Inaugural Oakfield Labor Daze Box Car Derby by Howard Owens.

By Chris Suozzi

Accelerating as they hit the final stretch to cross the finish line, pairs of boxcar derby racers dipped their heads. It was one of many lessons I was pleased to share with youth aged 7 -13 gained through a Genesee Gateway Local Development Corporation-sponsored program.

70 racers and their families took up the challenge of building, designing, and perfecting their cars for a pair of fast-paced events – the August 26 BID Boxcar Derby in Batavia and the September 2 Labor Daze Boxcar Derby in Oakfield.

These events, and partners like the Batavia Business Improvement District and Oakfield Betterment Committee, create lifelong memories and demonstrate that through innovative workforce development programs, youth in Genesee County and surrounding communities develop through skill-building activities, career engagement, and training.

From Boxcar to Bootcamp

The pace of a boxcar derby matches the speed of our workforce development. We offer diverse tracks for our students, advancing them from pee-wee to pro levels, just like team sports. See below how our racers can progress with programs reaching every age and multiple ability levels.

  • Ages 7 to 13 – Boxcar Derby
  • Ages 8 to 11 – STEAM Jam, a GCC Tech Wars program for 3 rd to 5 th grade students
  • Ages 12 to 15 – Camp Hard Hat, a weeklong building construction trades program.
  • Ages 13 to 18 – GLOW With Your Hands: Manufacturing and GLOW With Your Hands : Healthcare, mass career exploration festivals with hands-on demonstrations; GCC Tech Wars, an extended STEM challenge program
  • Ages 17 to 18 – Finger Lakes Youth Apprenticeships, employer-matched job shadowing and co-ops; GV BOCES training in mechatronics, welding, precision machining, and building trades; Cornell in High School food processing training program, a three-day accelerated food & beverage training program
  • Ages 18 to 24 – Genesee Valley Pre-Apprenticeship Program, a six-week accelerated mechatronics training program

Committed to Workforce Solutions

As I recently told the Buffalo News, my sense of urgency is like no other. That’s why we’ve been in overdrive to solve the workforce demands of the future ahead of time.

The GCEDC works with our training providers, school engagement organizations, and educators to expand the capacity of training programs. We’ve seen real results – there’s been a 30% increase in BOCES training participation since 2019, events and programs in our community had over 3,000 participants last year, and we're on pace to welcome 1,000 students to GLOW With Your Hands: Manufacturing later this month. 

We need to continue to overcome national challenges that start at home and school. It is crucial to empower parents, older siblings, friends and teachers to encourage pathways with no college debt. The outcomes for our recent pre-apprenticeship graduates, with immediate careers paying over $27/hour highlight the importance of these opportunities.

It’s a challenge that renews every school year. With over 700 high-quality careers coming with Plug Power and Edwards semiconductor at STAMP, and over 1,000 more at the Genesee Valley Agri-Business Park, the capacity for great local jobs is being met. 

These are careers within reach.

Let’s all think and act like our boxcar racers. 

We just have to stretch, to pull together, and I know we’ll win.

Coach Swazz

Hawley responds to ammunition background check mandate

By Press Release

Press Release:

File photo of 
Steve Hawley

Assemblyman Steve Hawley (R,C-Batavia) recently bashed New York state’s new ammunition background check mandate. Beginning September 13, a background check is required prior to the purchase of firearm, rifle, or shotgun ammunition and the responsibility for initiating NICS background checks for firearm, rifle, or shotgun purchases has shifted to the State Police. 

Gun dealers and licensed ammunition sellers must now contact the State Police online to process these background checks, which include an additional fee. An automated phone system is expected to be active sometime next month. Hawley is disappointed that the Supreme Court did not recognize the state’s overreach on our Second Amendment rights and is committed to reversing this mandate in the State Assembly.

For any questions or concerns about this new background check provision, please contact the New York State Police directly either by phone, 1-877-NYS-NICS, or email, nysnics@troopers.ny.gov.

“This new mandate from the state government is yet another attempt to infringe on the rights of law-abiding citizens of New York,” said Hawley. “Policies like this are pushing New Yorkers out of our state and putting our small businesses in a difficult situation. Already we are seeing business owners reporting hours-long wait times for background check approvals. Businesses would never do things this way on their own and the state is now forcing them to operate in this new inefficient and confusing system,” continued Hawley.

“While this mandate is currently in effect, I will not stand for our rights being chipped away at piece by piece. I would encourage anyone who has questions to go through the proper avenues and contact the state police so that they can properly navigate this new regulation. As your assemblyman, I will continue to fight for your rights and reverse disastrous policies like this.”

Sponsored Post: New listings from Reliant Real Estate!! Call us today

By Lisa Ace
Reliant

NEW!! 2419 Main Road, Pembroke. Super solid and well cared for home that has so much more to offer than you can see from a driveby!! Home is really well laid out and square footage doesn't begin to show all the extra usable space there is, like the finished attic space that could easily be third bedroom or rec room, or the awesome partially finished high and dry basement that gives you tons of bonus space for additional living space or workshop area!! The kitchen, dining, living room is all connected and open for entertaining purposes and there is a lovely enclosed front porch that serves as a great morning room or TV watching on game days!! Two bedrooms and full bath on main floor make this the perfect home for someone that needs all one floor living! The location of home is perfect for easy access to shopping schools and thruway but the yard is where its at-it is fantastic!! Must walk to appreciate , it has a little something for everyone, deep-almost 2.5 acres-partially wooded with a path that allows you to sit and overlook creek-its great! Delayed negotiations so you can see for yourself Tuesday September 26 @12:00.

NEW!! 5484 Horseshoe Lake Road, Stafford. Solid and well maintained country ranch! Located on pretty rural road but close to everything you need- shopping, restaurants, and quick access to all major routes for quick commutes! Also located in Batavia School System and minutes from College. This 3 bedroom, 2 bath, brick ranch will sure to please and surprise you with its spacious layout and great hominess! The kitchen is updated with great cupboard space, first floor laundry at your fingertips and large but cozy family room with fireplace overlooking private pretty backyard. There is also an enclosed 3 season back porch for peaceful evenings as well as sunny and welcoming front porch with trex decking to welcome your guests! There is a deep attached garage as well as 8x10 back shed for all your extra storage needs. This home is ready for immediate occupancy and is easy to slip in and see! Delayed negotiations so you can get your opportunity until Monday September 25th at 7:00 p.m.
 

Batavia town planners approve Country Line Electrical storage building site plan

By Mike Pettinella

 

The Batavia Town Planning Board met for 4 ½ minutes on Tuesday night, just enough time to unanimously pass a site plan from Country Line Electrical Distributors, Inc. to construct an accessory building on its East Main Street Road property.

William Massett, business owner, submitted the proposal to build a 12- by 84-foot open air pipe storage building in the Commercial district at 5065 East Main St. Rd. The plan previously was recommended for approval by the Genesee County Planning Board.

Initially, the project calls for the construction of a roof in case of rain to make it easier for loading and unloading, said Jennifer Massett, who was at the meeting. She said that owners eventually will fence it in for safety and security.

That was the only item on the board’s agenda.

Push for owner-occupied and market rate homes fuels Batavia Home Fund

By Joanne Beck

A nice single-family residence? Check. Renovated properties for market rate apartments? Sure. A new development project that comes to fruition with affordable condominiums? Why not.

The newly announced Batavia Home Fund was purposely generic in nature to open the door and possibilities for any of those and other options, Assistant City Manager Erik Fix says.

“We really wrote it up so that it's going to really come down to the individual applicants and what they're wanting and trying to do. Obviously, for us, any type of renovations that we get in the city, when it comes to housing, is a bonus,” Fix said to The Batavian. “But a lot of times, a lot of these grants, what we found in the past is if you put too many guidelines and parameters on it, you're narrowing your audience, and you're narrowing the applicant pool. And then it becomes very difficult to find enough folks that actually want to apply for the funding. 

“So we wanted to make sure that we weren't doing that this time around,” he said. “We wanted to make sure not to be too specific.”

A collaboration of the city and town of Batavia and Genesee County Economic Development Center, which is kicking in $100,000 of seed money to get the fund going, this initiative offers grants of up to 40 percent of the total project cost, to be reimbursed upon completion of the work. 

It’s not a complete free-for-all, as there are guidelines, such as properties have to be in the city of Batavia, must be currently paid up with municipal property, water and sewer taxes, and the applicant will obtain a building permit prior to construction, have the ability to finance the entire project and be able to provide proof of readiness with a deed, purchase agreement and/or similar documents indicating proof that 100 percent of the financing is in place. 

Also, quotes should come from a licensed contractor for a project of visual improvement to a property, whether it be a rehabilitation of an existing site or a new build. 

For the first time in several years, owner-occupied city homes have slipped behind rentals, at 49 percent to 51 percent, respectively — a trend first noted in 2020, Fix said.

For some time now, city officials have talked about owner-occupied homes as typically having more of a vested interest, more accountability, and a deeper regard for the neighborhood, since a homeowner is in it for the longer haul than someone renting on a shorter-term basis. 

To be clear, Fix said "that's not a terrible thing" having a strong rental base, but the city would like to have more owner-occupied homes and other types of projects throughout the city. 

“We have a situation right now where one of our local developers is taking an existing multifamily home that's currently in bad shape, and is trying to turn it back into market rate housing, with a few less apartments in it, but really making it higher end. And that's the kind of stuff that we're looking for,” he said. “I think it was something along the lines of eight out of the last nine developments in the city, from a larger standpoint, have been for low income, and we need to start balancing that out with some market rate and some things like that.”

City priorities for the Batavia Home Fund is to advance the Brownfield Opportunity Area strategy, focusing on Wards Three and Six, and in the flood zone, all of which are eligible for additional points. 

Yes, projects are awarded based on a scoring system. For example, projects that are “aesthetically pleasing” to the surrounding neighborhood and designed to eliminate blight can earn up to 40 points. 

Eligible “activities” include:

  1. Extraordinary development costs related to hazardous material abatement, remediation, flood hazard areas, etc. (up to $50,000)
  2. Demolition/rehab of residential structures that cause community and neighborhood blight. ($50,000)
  3. Infrastructure modernization and improvements, including costs to plan, design and construct streets, multi-model, water, sewer, gas, electric, telecommunication enhancements, stormwater management facilities and related infrastructure, including landscaping and streetscape improvements related to redevelopment projects and new housing construction. ($50,000)
  4. Matching funds to secure other grant resources to further capitalize on redevelopment projects in the Brownfield Opportunity Area and flood zone areas. ($20,000)
  5. Land assemblage, property acquisition and due diligence for new market-rate housing projects. ($50,000)
  6. Grants to support owner-occupied single-family exterior rehabilitation. ($10,000)
  7. Grants to support multi-family conversion into single-family, owner-occupied homes. ($20,000)

A committee made up of representatives from city, town and GCEDC folks will review, assess and grade projects for viability and choose and award them accordingly. 

Awards will most likely range from $20,000 to $50,000, he said. They might go to an individual homeowner or to a developer. One caveat, though, is that someone can’t just do some work on his or her home and expect a check. 

“You have to have a contractor actually do the work,” Fix said. “I’d like to see three or four projects and, hopefully, in the next year or two, see the fund grow.”

There is also a five-year compliance period, meaning that if the property owner sells the property within five years of receiving the grant, repayment may be required based on a timetable of when the property was sold. If it was sold within a year, the recipient would have to repay 100 percent of the funds, versus 49 months later, when repayment would be 20 percent of the total.

There is also a $250 non-refundable application fee. 

For more information, go to Batavia Home Fund.

Borrello joins lawsuit challenging ammunition registration law

By Press Release

Press Release:

Senator George Borrello has joined a federal lawsuit challenging the constitutionality of New York State’s newly implemented ammunition registration law which requires that purchasers submit to and pay for a background check for ammunition transactions.

“My office has been flooded with calls from law-abiding gun owners, sporting goods dealers, and gun clubs who are upset about this latest assault on our Second Amendment rights,” said Senator Borrello. “Requiring a background check and fees for each ammunition purchase is unconstitutional and has already proven to be a technological and administrative failure.”

“Since the system launched on Wednesday, retailers who sell firearms and ammunition across the state have reported that attempts to use New York’s new online system either failed completely or took so long to complete, the potential purchasers had already left their stores,” said Borrello. “The end result is that the state is blatantly denying New Yorkers the ability to exercise their Second Amendment rights. That represents a violation of the U.S. Constitution, which is the basis for our lawsuit.”

Along with Senator Borrello, plaintiffs in the lawsuit include the New York State Firearms Association, Assemblyman David DiPietro, William Ortman and Aaron Dorr. The defendant is Steven A. Nigrelli, Acting Superintendent of the New York State Police.

The new requirements are part of Executive Law 228 and include the following:

Shifts New York State from a jurisdiction in which the FBI conducts firearms-related National Instant Criminal Background Check System (NICS) background checks, to one in which the New York State Police (NYSP) are the “point of contact” for background checks; 

  • Requires the NYSP to conduct background checks on all firearm and ammunition purchases in the state;
  • Authorizes NYSP to charge fees for each background check on purchases and transfers. Those fees have been set at $9 for firearms and $2.50 for ammunition; and
  • Requires the NYSP to create and maintain a statewide firearms license and records database to be used for ammunition sales as well as for the certification and recertification of permits and assault weapon registration. 

While the establishment of an ammunition database and background check requirements were part of the 2013 SAFE Act, implementation was put on hold because of legal and operational concerns.

“The governor and her allies in the Legislature are pushing the false narrative that public safety will be achieved by making it harder for law-abiding gun owners to purchase firearms and ammunition. Meanwhile, they are tripping over themselves in their rush to pass laws that keep dangerous criminals -- including criminals caught with illegally possessed firearms -- on the streets instead of behind bars where they belong,” said Senator Borrello.

“Law-abiding gun owners shouldn’t be punished for New York’s crime problems by having their Second Amendment rights taken away. These latest restrictions won’t accomplish anything other than driving more residents out of the state and diverting the hard-earned tax dollars of New Yorkers to our courts as the state is forced to try to defend its indefensible actions,” said Senator Borrello. “New Yorkers deserve better.”

The lawsuit filing can be viewed at:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.newyorkstatefirearmsassociation.org/wp-content/uploads/2023/09/2023.09.13-NYSFA-v-Nigrelli-Complaint.pdf

Sponsored Post: New Listing from Reliant Real Estate - 3184 Pearl Street Road, Batavia

By Lisa Ace
Reliant Real Estate


New Listing: 3184 Pearl Street Road, Batavia. What a house! This 6 bedroom, 3 bath home is situated on three pretty acres located in Town of Batavia and in the Pembroke school system! So much great space, but yet all the potential of cozy homestead! Layout is great from the minute you step in-all rooms are large - starting with the welcoming huge enclosed porch with windows galore! From there, you step into oversized living room with great woodwork and pretty stone fireplace leading to bright kitchen and dining area! There is also first floor half bath with laundry and two bedrooms-and this is all only on the first floor alone! Upstairs features 4 more bedrooms and two full baths-master bedroom suite is HUGE! There is plenty of great woodwork, many rooms with nice hardwood floors some with carpeting..this home is move in ready and waiting for someone’s updated ideas!! The 3 acres outside doesn’t disappoint either-home sits up off of road, is secluded by pretty trees, and opens up out back to wooded backdrop with room to roam and places to play and garden! Home has newer metal roof and recently connected to public water! This home has a lot to offer-easy to see, take a ride and enjoy the scenery! Delayed negotiation Monday Sept. 25th at 12:00

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Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
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