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City Council to vote on Comprehensive Plan measures, learn details of non-lethal approach to deer management

By Mike Pettinella

City Council has called a special business meeting tonight (7 o'clock, City Hall, Council Board Room) to consider a pair of resolutions dealing with the community's Comprehensive Plan update.

The governing body is expected to act on a resolution establishing the City as the lead agency for the State Environmental Quality Review Act (SEQR) for the draft Comprehensive Plan and a measure to set a public hearing on the proposed plan for 7 p.m. Aug. 14.

The Comprehensive Plan update is one of six items on the agenda of Council's Conference Meeting. A five-resolution Business Meeting -- which also includes a report from the Deer Management Task Force -- also is scheduled for tonight.

In a memo to Council dated July 5, City Manager Jason Molino stated that the Council-appointed Comprehensive Plan steering committee has worked with Elan Planning, Design & Landscape Architecture PLLC over the past 18 months and has engaged community participation in an effort to update the document that outlines the City's vision for the next 10 years.

"The relationship between the comprehensive plan, zoning law and the local boards that implement the land use system are all interrelated," Molino wrote. "Most importantly, the future land use map sets the foundation for the City's zoning, based on feedback and input from businesses and residents on what they would like the Batavia of tomorrow to look like."

Molino pointed out that the City Plannining & Development Committee already has scheduled a public hearing on the matter for July 18. He recommends that City Council pass the resolution scheduling its public hearing for Aug. 14, which then could be considered for adoption at the Sept. 11 Council meeting.

Once adopted, Molino wrote, the Comprehensive Plan will require zoning code updates consistent with the new plan, adding that the City has money in a committed fund balance to support zoning code updates.

As far as the City's deer management strategy is concerned, a special task force met a dozen times since April 2016, with its activities including identifying problem areas, collecting pertinent data, conducting a survey of residents and looking at deer managements plans of two Michigan communities -- East Lansing (which takes a "deer-related impact" approach) and Meridian (which uses a bow hunting club to control the deer population).

In a memo dated June 29, the task force reports that the City "should not take a lethal approach to managing the deer population, but rather manage deer-related impacts."

The committee outlined several reasons for its recommendation:

-- The density of the City, little public land and an "inadequate environment to hunt in most (of its) areas."

-- Deer damage has been limited to select areas of the City.

-- There have not been a significant amount of deer-vehicle accidents in the City.

-- Response to the survey was low and suggested that the issue "did not rise to the attention that a lethal and proactive initiative needed to be undertaken ..."

-- Of those who did respond to the survey, half suggested lethal action and half opposed lethal action.

The committee's report does call for the implementation of a deer management website (link on the City of Batavia's website), conducting a public survey every two to three years to monitor activity, and to allow property owners to hunt within City limits, as long as they follow the parameters of the NYS Environmental Conservation Law which restricts the discharge of a gun, bow or crossbow within certain distances of residences and buildings.

UPDATED: Teenager dies following rollover accident on West Bethany Road

By Howard B. Owens

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UPDATE 9:07 a.m.: The driver, Brian D. West Jr., 17, of West Bethany Road, died this morning at 5:20 a.m. as a result of injuries sustained in the crash.

A 17-year-old East Bethany resident was seriously injured tonight after he lost control of his pickup truck and it rolled over -- perhaps twice -- on West Bethany Road, near his home.

The youth, who was ejected from the truck, was flown by Mercy Flight to Strong Memorial Hospital. He was conscious and alert, and even trying to get up, when an Alexander fire chief first arrived at 10198 West Bethany Road.

"There is a hill rise to the south of us," said Sgt. Eric Seppala, explaining the sequence of events in the accident. "He was northbound. For some reason, he moved from his northbound lane to the southbound lane, went across it, went off the west shoulder of the road. The tires bit in and the vehicle rolled at least once and then continued and rolled to a stop. During that time, somewhere near the end, is when he was ejected from the vehicle through the driver’s side door window."

The cause of the accident, reported at 10:39 p.m.,  is under investigation, according to Seppala, but there is no indication at the scene of alcohol or mobile phone use prior to the accident.

Within the 100 yards or so from where the Chevy Avalanche appears to have started to swerve and cross over into the southbound lane to where it finally came to rest on its three remaining wheels, there are tire marks, deep gouges in the asphalt roadway, bits of metal from the truck, and a small field of auto glass.

Whether speed was a factor hasn't been determined, but traffic citations are possible, Seppala said. 

Deputies were unable to speak with the youth before he was transported to Strong.

Seppala said it hasn't been determined yet if he was wearing a seat belt, but they suspect he wasn't.

There was a small fire in the truck when Alexander chiefs arrived on scene and they were able to put it out with portable extinguishers. 

Deputy Howard Wilson is handling the accident investigation.

Alexander fire and Mercy EMS responded to the accident. Troopers also assisted at the scene.

The driver's name will be available once the Sheriff's Office completes its reports and issues a press release.

(Initial Report)

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Small car fire and man down reported on West Bethany Road

By Howard B. Owens

There was a car with a small fire in the car -- the fire may be out -- in the area of 1098 W. Bethany Road, Bethany.

An Alexander fire chief is on scene.

A man is down in a driveway.

Mercy Flight, with a 20-minute ETA out of Buffalo, is in route.

Sheriff's Office remembers officers who died while on duty

By Howard B. Owens

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The Sheriff's Office dedicated two new signs in the garden outside the department's Park Road office this afternoon to the memory of William H. Johnson, who died in 1895, and Raymond F. Thompson, who died in 2002.

Pictured above, Deputy Brian Thompson on the left, with Undersheriff Greg Walker, and on the right, other members of the Thompson family with Sheriff William Sheron.

Brian Thompson is Raymond's brother. Raymond served eight years in the USAF in Security Police, then returned home, working in a couple of different manufacturing jobs before joining the Sheriff's Office as a corrections officer. He died on duty a few years later of a heart attack at the age of 37.

The dedication service comes on the third anniversary of the death of Deputy Frank Bordonaro, who is also honored with a sign in his memory in the garden.

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The ceremony was followed by lunch for all in attendance, with hot dogs, hamburgers and sausage grilled by, from left, Undersheriff Greg Walker, Chief Deputy Jerry Brewster, and Sheriff Bill Sheron.

Photos: Grand opening of Hearth & Soul

By Maria Pericozzi

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Saturday morning, Siobhan Larkin (left) and Jennifer Petry (right) celebrated their grand opening of a holistic home goods store, Hearth & Soul, located at 214 Ellicott St. in Batavia.

Hearth & Soul offers handmade Bohemian décor, holistic accessories, jewelry, organic skin care, clothing and more. 

Petry said the building recently got a new coat of paint, just in time for the grand opening ribbon-cutting ceremony. 

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Visitors enjoyed wine tastings, courtesy of Christine Crocker, owner of The Yngodess Shop on Main Street, music from local artist Justin Reynolds, and light hors d’oeuvres.

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Carnival and tractor pulls in Alexander tonight

By Howard B. Owens

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The Alexander Fire Department's annual carnival and tractor pull is back this weekend.

Today, the grounds open at 4 p.m. The kiddie parade is at 4 p.m. and pulls start at 7 p.m.

There will be music in the beer tent, starting at 9 p.m., with Red Creek.

The grounds close at 2 a.m.

The annual carnival dates back to 1938 and more than 22 years ago, the department added tractor pulls.

Top Photo: File photo.

Below, a photo by Nate Fix from the pull last night:

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Police looking for blue sedan with front end damage that caused accident in Bergen last night

By Howard B. Owens

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Local law enforcement is looking for a blue, four-door sedan with front and driver-side damage that investigators believe was the cause of an accident in Bergen last night that sent six people to the hospital.

The accident was reported at 9:15 in the area of 7762 Clinton Street Road.

The initial investigation by the Sheriff's Office indicates that the blue sedan passed a 2010 Dodge Grand Caravan unsafely and struck an eastbound 2010 Ford F150.

The collision forced the pickup truck off the road on the south shoulder where it came to rest facing north, resting on its passenger side.

The Caravan swerved to the right to avoid the collision and it traveled off the south shoulder, where it struck a large utility pole, continued west and struck a large tree.

Volunteer firefighters, when they arrived on scene, began a lengthy extrication to get the driver of the Caravan, Hailee N. Callicutt, of Prune Street, Batavia, out of the vehicle. She suffered a broken leg and was transported to Strong Memorial Hospital by Mercy Flight.

The five other passengers in the Caravan suffered minor injuries and were transported by ambulances to Strong.

No information was released on whether the driver of the pickup truck, John F. Gurtler, of Swamp Road, Bergen, was injured.

Responding to the scene were Bergen fire, Byron fire, Churchville fire, Le Roy ambulance, and Mercy EMS. 

The accident is being investigated by Sgt. Jason Saile, Deputy Ryan DeLong, and Trooper Chad Bea. 

To provide information about the blue sedan that may assist in the investigation, call the Sheriff's Office at (585) 343-5000.

(Initial Post)

Photo: Courtesy Alicia Kaus/Video News Service.

Lou Gramm packs a crowd outside Batavia Downs

By Steve Ognibene

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Rochester native Lou Gramm packed in a large crowd of fans in Western New York at Batavia Downs racetrack last evening. 

On this warm summer night people gathered all around the local area to hear “Lou Gramm the Original Voice of Foreigner” and his band play classic hits like, "Cold as Ice," "Double Vision," "Midnight Blue" and "Juke Box Hero," plus many more from his days with his former band Foreigner.

Fans were singing from their lawn chairs, dancing on the lawn and jamming out those classic revival tunes from many years since the 1970s to now.

This was the fourth outdoor summer concert part of Batavia Downs concert series with two remaining, Marshall Tucker band next Friday, July 14th, and Lee Greenwood on July 21st.

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Accident with possible entrapment reported on Clinton Street Road

By Howard B. Owens

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A motor-vehicle accident with possible entrapment is reported at 7762 Clinton Street Road, Bergen.

Bergen fire, Bergen ambulance and Mercy EMS dispatched.

There's a rollover and another vehicle reportedly struck a pole. Wires are reported down.

UPDATE 9:24 p.m.: Mercy Flight on ground standby.

UPDATE 9:25 p.m.: Confirmed, one person trapped.

UPDATE 9:26 p.m.: A second Mercy ambulance requested to the scene. Mercy Flight out of Olean is on in-air standby.

UPDATE 9:31 p.m.: Byron ambulance requested to the scene.

UPDATE 9:35 p.m.: Churchville requested to set up a landing zone at Dublin Road and Route 33 for Mercy Flight. Mercy Flight may be coming from Canandaigua. 

UPDATE 9:41 p.m.: Landing zone changed to Farm Market at Route 33 and Route 19.

UPDATE 9:45 p.m.: Le Roy ambulance requested to the scene.

UPDATE 9:53 p.m.: Alexander ambulance requested to stand by in quarters because so many ambulances in the county are tied up at the moment.

UPDATE 9:55 p.m.: Darien ambulances requested to stand by in quarters. Four-minute ETA on Mercy Flight.

UPDATE 9:56 p.m.: An ambulance is in route to Strong with two patients.

UPDATE 9:58 p.m.: Bethany requested to have ambulance crew stand by in quarters.

UPDATE 10:03 p.m.: Mercy Flight on the ground.

UPDATE 10:07 p.m.: Churchville's engine requested to the scene with extrication tools.

UPDATE 10:29 p.m.: All victims extricated.

UPDATE 11:04 p.m.: Bergen back in service.

UPDATE: Video from the scene from our news partner 13WHAM.

UPDATE: Photos courtesy Alecia Kaus/Video News Service

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Law and Order: Pair of teens from West Seneca busted for alleged pot possession

By Billie Owens

(name redacted upon request), 19, and (name redacted upon request), 18, both of Pacecrest Court, West Seneca, are charged with unlawful possession of marijuana. At 8:02 p.m. on July 3, the driver, (name redacted upon request), was stopped on Clinton Street Road in the Town of Batavia following the observation of an alleged vehicle and traffic violation. At the time, both (name redacted upon request) and (name redacted upon request) allegedly possessed a quantity of marijuana and drug paraphernalia. The defendants were issued appearance tickets for Town of Batavia Court on July 31. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong and Deputy Michael Lute.

Three business projects on GCEDC's agenda for next meeting

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for three projects at its meeting on Thursday, July 13, in the Innovation Zone board room on 99 Medtech Drive, starting at 4 p.m.

The Board will vote on whether to approve incentives for a $7.1 million expansion for a new 40,000-square-foot warehouse and service center for West Seneca-based Freightliner Western Star.

The expansion will create 24 new jobs and the center will be located adjacent to the New York State Thruway and next door to the Genesee Valley Educational Partnership (GVEP).

The GVEP graduates are seen as an "ideal" workforce for the new facility. Freightliner Western Star is seeking approximately $662,000 in sales, mortgage and property tax exemptions.

The popular Coach Tony’s, which makes a wide variety of food sauces, is seeking to expand its operations in the Town of Bergen. The company is expanding and planning on constructing a 5,000-square-foot building on three acres at Apple Tree Acres. The project will create three new jobs. Coach Tony’s is seeking approximately $50,000 in sales, mortgage and property tax exemptions.

The third project for consideration by the GCEDC is a $170,749 GAIN! loan fund for First Light Creamery in East Bethany. The loan will be used to assist with its existing production of goats' milk cheese from local distribution to regional distribution by adding to their barn, and associated infrastructure, to house more goats.

The GCEDC Board meeting is open to the public.

Mandated public forums to be held in Old Courthouse to gather citizens' ideas for shared local government services

By Billie Owens

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included another mandate on all local governments, and possibly school districts. It is the requirement to discuss and develop shared service ideas and plans for eventual submittal to the Genesee County Legislature in August/September. Then, these must be submitted to the NYS Department of State by Oct. 15.

Part of the process for discussing and developing these public-sector shared-service plans is to have public meetings/opportunities for citizen input. These provide forums to take suggestions on opportunities for possible public-sector shared services that have not already been put forth or are not already in place.

In order to satisfy this public-forum mandate, the GC Legislature will hold an open comment period at the beginning of each of its next three legislative body meetings. These will take place at approximately 5 p.m. on July 12, July 17, and Aug. 9 in the third-floor chambers of the Old Courthouse, located at 7 Main St. in the City of Batavia.

Car vs. pedestrian accident on Main Street in the city

By Billie Owens

A car vs. pedestrian accident with injuries is reported in front of the Movies in Motion shop at 511 E. Main St. between McKinley Avenue and Harvester Avenue. City fire is responding along with an ambulance from Alexander.

UPDATE 5:07 p.m.: Law enforcement arrived on scene and the patient was GOA -- "Gone on Arrival." The scene is clear.

Grand Jury indicts man on five counts related to alleged DWI on Route 19 in Le Roy

By Billie Owens

Evan M. Wilson is indicted for the crime of aggravated unlicensed operation in the first degree, a Class A felony. It is alleged that on May 6 in the Town of Le Roy that Wilson drove a 2006 Toyota on Route 19 while knowing, or having reason to know, that he driver's license was suspended, revoked or otherwise withdrawn by authorities. He allegedly had three separate suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In addition, Wilson is accused of driving on May 6 while under the influence of alcohol or a drug. In count two, the defendant is accused of the crime of DWI, as a misdemeanor. In count three, he is accused of the offense of unlawful possession of marijuana on the same date. In count four, Wilson is accused of speeding, a traffic offense, for driving in excess of 55 mph. In count five, Wilson is accused of the offense of refusing to submit to a breath test on that date.

GO ART! extends 'enormous thank you to all who attended' Picnic in the Park

By Billie Owens

Press release:

GO ART! would like to extend an enormous thank you to all who attended our 39th Annual Picnic in the Park presented by the Red Osier. Mother Nature blessed us with amazing weather allowing us the liberties to gather and enjoy the festivities from morning until early evening.

We cannot emphasize enough how much we enjoy having the kids participate in the parade nor how much we enjoy seeing family and friends visiting and laughing as they relaxed in their lawn chairs.

Michelle Cryer and team worked tirelessly to schedule and commit the artisans, vendors, non-profits, stage delivery, trash cans and everything your eyes and ears took in on Tuesday. A big job well done by all.

And how about those bands?! The feedback on the bands has been fantastic. We didn’t expect the headliner Britishmania to take as long as they did to set up, but the wait was worth it. Everyone loved them and they played longer than scheduled to make up for the extra time they took getting into their Beatles mindset.  It was the biggest crowd after 4 pm in over a decade.

Once again… thank you everyone for spending your morning, afternoon and evening with us.

And a big thank you to all our sponsors: The Original Red Osier Landmark Restaurant, Tonawanda Valley Federal Credit Union, City of Batavia, Rotary Club of Batavia, Pinnacle Manufacturing Company, Inc., Quality Inn, Stephen M. Hawley & Assoc. LLC, Turnbull Heating & Air Conditioning, Julia Garver & Joseph Ruh, Freed Maxick, Batavia Kiwanis Club, Arc of Genesee Orleans, Bob & Linda Knipe, Carrotman Productions, City of Batavia DPW, CY Farms / Batavia Turf, Diane & Hirman Kasten, DRH Construction, Max Pies Furniture, The Porter Family, Valle Jewelers, WBTA, Bouchard Financial Services LLC, McGinnis Excavating & Plumbing Inc.

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