Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is criticizing the governor for not including $4.6 million in SAFE Act funding within the 154 items he vetoed late last week. The funding has yet to be used because the SAFE Act was enacted four years ago, and those funds could be used more appropriately to rebuild infrastructure and fund schools in Western New York.

“I am disheartened by Gov. Cuomo’s failure to cease funding for the SAFE Act,” Hawley said. “I voted against the Capital Projects budget bill, which contained millions to fund the unconstitutional SAFE Act, and I continue to stand in opposition.

“The high number of vetoes makes it clear that there is massive waste in the budget,” Hawley continued. “The governor vetoed millions to fund workforce development, various grant programs and environmental projects across the state but doubled-down on his fight against law-abiding gun owners.

"Funding for the SAFE Act hasn’t been used since its inception, so it should have been eliminated from the budget. We need a budget that’s free of waste and only utilizes funds to benefit New Yorkers.”

We told you about Roamer yesterday, the German shepherd pup belonging to Don Mengs. Roamer ran off into the woods near Country Max and went into the DeWitt Recreation Area. Roamer is still missing. It's possible somebody has found him and still has him. If you see Roamer, contact Don at (716) 698-6096.

We do not have any new information about the fire at this time.

UPDATE: Bob Tripp, 1st assistant chief for Town of Batavia, and scene commander yesterday, said the cause of the fire is still undetermined, but it appears to be electrical in nature. There was still electricity going to the barn complex and a portion of the barn has been damaged by the wind. That may have caused a line to short out and yesterday's wind fanned the sparks into flames.

A car into tree accident is reported in the area of 7681 Alleghany Road, Alabama.

The initial call was for possible entrapment and possible serious injury, but units have just been told they can respond non-emergency.

Traffic is shut down at MacAlpine Road and at Ledge Road and Route 77.

Alabama fire and Mercy EMS dispatched.

Fire police from Pembroke and Indian Falls requested to assist with traffic.

UPDATE 5:22 p.m.: Indian Falls is back in service.

Here are a few photos from the fire this afternoon on Oak Orchard Road, Batavia.

The first two are by Frank Capuano. The others are reader submitted.

I was at the fire and will have photos posted later.

A plan to build apartment complexes on East Main Street drew a full house to Monday's City Council meeting, but the project, aimed at people in vulnerable populations, got mixed reviews from the 23 speakers.

The City Council was being asked to move forward a resolution to rezone the properties at 661, 665 and 679 E. Main St. Most of the location is a former State Police barracks.

The area is currently part of an industrial zone. The council is being asked to consider rezoning it to Commercial, or C2.

This would allow the project from DePaul, known as Batavia Square Apartments, to move forward, but it would not mean the project is approved.

City Attorney George Van Nest reminded council members they were being asked to consider a rezoning proposal, not the actual project that inspires the consideration.

“You really need to center on the question, does this zoning change make sense, notwithstanding some of the considerations that may have been out there or questions about other uses or other studies that are not specifically germane to the question of zoning itself," Van Nest said. "The petition is for rezoning that is at the behest of the City Council legislatively.”

There was a public hearing on the rezoning issue, but comments during to hearing had to be just about the rezoning issue. Since many of the 23 speakers at the meeting wanted to talk about more than just zoning, they took to the podium during the public comments section of the council meeting.

About half of the speakers favored the project, and of those, about half worked, have worked for DePaul or were families that have benefitted from DePaul's services.

Opposition came from people concerned about adding more rental apartment units to the city and how that would impact the current population and private-property landlords. They also raised the issue the amount of taxes DePaul would be paying while the new apartments would lead to the use of city services, such as police and fire.

The council voted by a narrow 5-4 margin to move the resolution for the zoning change to its next business meeting.

"If it's to be believed that 50 percent of the residences in the City of Batavia are rentals, then the question is, why do we need more rentals?" Chuck Ruffino said.

He referenced a study being done on the county's housing stock, designed to help planners understand local housing needs. Ruffino said the council shouldn't move forward without more information.

"We really don’t have good information on which to make this decision, because once you make that decision, the agenda is set," he said. "You can’t take it away. It’s done. Thirty years, tax exempt."

Russ Romano raised concerns about the number of rentals already in the community, the need for the housing study to be completed, and the seeming shortage of housing for people in the workforce. He also questioned the wisdom of changing the zoning.

"I question the fact that you can make this change in zoning when it goes against the current zoning law of being zoned industrial," Romano said. "I think it's dangerous and in your comprehensive plan it has not changed."

John Gerace said he doesn't believe anybody in the community is against housing for people on disability or against veterans or seniors, but he did question the need for it now, especially housing that is tax-break subsidized.

He calculated that at $25 million for construction, each of the 80 units would be worth more than $300,000.

"I would like to live in a $325,000 apartment," Gerace said.

Since subsidized rents are available to many potential tenants, Gerace said he's concerned that current landlords will lose out.

"It will be a drain on the local economy, on local landlords who bought property and have been paying property taxes right along and have vacancies right now," Gerace said.

George Galliford said it would be unfair to local landlords to allow this project to move forward.

“It seems to me that it’s very unfair competition for landlords who have been conscientious, paid their taxes, done what they needed to do and are never ever given any kind of favor," Galliford said. "Thirty years is a long time. Those payments in lieu of taxes are to me are a joke. They should be much, much more than what they are. It’s unfair competition."

John Roach said he thought it was premature for the City to move forward with project approval. 

He said the current vacancy rate in the city is 7 percent and that 5 percent is considered ideal. He said the county is projected to lose 9 percent of its population in coming years.

Adding more apartment units will just put more financial pressure on existing landlords, he suggested, and if those properties move off the tax roles, "it will just put more pressure on the rest of us."

The DePaul project also had its defenders.

Stacy Falkowski (top photo), a Batavia resident, said life is getting harder for her elderly parents, especially now that her father has Parkinson's disease. She described the difficulties she and her mother have caring for her father in her parent's current commercial apartment.

She said her father has fallen more than once in the bathroom and they're lucky he hasn't been seriously hurt; no broken bones, but there has been blood to clean up.

“It’s pretty tough to deal with every single day of the month,” she said.

The planned DePaul housing complex, with its amenities for the elderly, the disabled and other vulnerable adults, along with greater social opportunities, would be great for her parents.

Most of the people who would move there, she said, are already local residents and to counter the argument against the lower taxes paid by DePaul, she said our local older residents had earned this sort of amenity.

"These people are paying taxes, and they’ve lived in the City ofBataviaa for many years and paid a lot of taxes, school taxes, property taxes," Falkowski said.

Colleen Gillam, from Waterport, said her 25-year-old son currently lives in a DePaul apartment in Batavia and for the first time in his life, he's living on his own and doing very well. She said for people like her son, the kind of housing DePaul provides is hard to come by.

"I think with this coming into your community it will only benefit you and the families who live here and in the surrounding areas," she said.

Chris Syracuse, a longtime employee of DePaul said when DePaul comes into a community, they do so humbly and with an eye toward building a beautiful facility that the community will be proud to see.

"Never in 27 years have I ever had somebody say to me, ‘I regret DePaul coming into my community,' " Syracuse said.

After the council discussion and before the vote, City Manager Jason Molino addressed some of the issues raised during the meeting.

He said the area had been zoned industrial for 50 years. Before that, it was considered a business district, which is similar to today's commercial zone. Over the past half century, there has been no industrial activity in the area. The train tracks that would have supported industrial activity, and supported the Trojan tractor factory in the area, were removed in the 1960s or 1970s. Over the past 50 years it's been mixed commercial and residential with some light manufacturing.  

During that period, industrial growth in the city has taken place around Graham, Treadeasy, and O-AT-KA, and future industrial growth is more likely to take place in the greenfield developments outside of the city. The East Main Street area of the city isn't likely to attract any industrial development.

"It hasn’t happened in the past 50 years, and it’s not likely to occur in that specific area," he said.

Mark Fuller, project developer.

A working barn fire is reported at 7736 Oak Orchard Road, Batavia. Town of Batavia Fire Department is responding, along with mutual aid from Oakfield, Stafford, East Pembroke and the Alexander Fast Team. Mercy medics are also called. This has gone to a second alarm.

UPDATE 2:49 p.m.: The bulk of the fire is knocked down. Flames are no longer visible, but the area is quite smoky and firefighters are still at work. The fire burned through the roof and it destroyed nearby auxiliary structures.

Congressman Steve King, a republican from Iowa, has reintroduced the Davis-Bacon Repeal Act to Congress that could significantly affect workers’ wages.
The Davis-Bacon Act, passed by Congress in 1931, requires private contractors to pay workers the prevailing wage of their trade or occupation on all federally funded projects worth more than $2,000. Prevailing wages are determined by the Department of Labor and in most cases, the prevailing wage matches the union wage for that job type.

Like the five-day, 40-hour work week, this is an example of labor unions benefitting even nonunion workers. Without the Davis-Bacon Act, contractors would be able to pay their nonunion employees less than their union counterparts.

Dolce Panepinto knows how harmful this legislation would be to Western New York’s working families, and how important it is for workers to receive fair compensation. We stand ready and willing to fight for workers’ rights to guarantee they continue to get the wages they deserve. If you have any questions about this proposed repeal act and how it could affect you, or if you or a family member has been hurt on the job, please do not hesitate to call us at 716-852-1888.

The VA Hospital honored its volunteers today with a luncheon at the Quality Inn & Suites in Batavia.

The volunteers with the most hours, more than 1,750 were Phyllis Scharader, Robert J. Shepard, Douglas Titus and James Yoder. Pictured with three of the top volunteers above is Danielle Bergman, assistant medical director, on the right.

The volunteers with at least 20 years of service were also honored, though not all could make it to the luncheon. The volunteers with at least 20 years are Helen Batchelor, center of the photo, with 31 years, Emerson Campbell, Joshua T. Dickens, Joseph Flynn, Joseph Guppenberger, 31 years, Robert Jurewicz, Lee Kauffman, Robert Mellody, Anthony Palmer, 32 years, Robert Radley, and John Scott, with 31 years.

The Elks from Brockport made a $1,500 donation to the VA Center.

Garden Brothers Circus have brought to town clowns, jugglers, magicians, acrobats, stunt riders and everything else that goes with a professional, touring circus.

Including elephants.

This is the last tour that elephants will be included in the Garden Brothers Circus, so miss the show at 7:30 p.m. at Falleti Ice Arena and maybe you miss your last chance to see a circus with elephants.

These pictures are from the 4:30 p.m. performance today (no elephant pictures because I couldn't stick around until the end of the 90-minute show, but from what I saw, this is a circus well worth seeing).

Solid and cozy brick ranch in the Darien hamlet with great neighbors! This home has loads of possibilities and plenty of spread-out room for its size! Hardwood floors throughout and mechanically up-to-date with newer furnace and metal roof. Downstairs features awesome walkout basement with great hobby shop and three additional rooms currently used as bedrooms and or playrooms...come check it out! Call Lynn Bezon today to see this listing or click here to see full listing details.

Press release:

Camp Invention, a nationally recognized, nonprofit summer enrichment camp program, is coming to Wolcott Street School in Le Roy the week of July 17 - 21.

Camp Invention is a program of the National Inventors Hall of Fame® — a nonprofit organization dedicated to recognizing inventors and invention, promoting creativity, and advancing the spirit of innovation and entrepreneurship — and supported by the United States Patent and Trademark Office (USPTO).

What makes this camp truly unique is that the curriculum is inspired by some of our nation’s most brilliant minds — the Inductees of the National Inventors Hall of Fame.

For students entering kindergarten through sixth grade, Camp Invention is a weeklong adventure that turns the summer from ordinary to extraordinary through hands-on problem solving, collaboration, and the use of science, technology, engineering and mathematics (STEM).

Inventive young minds can exercise their creativity and use their imagination, all while learning and developing new skills they typically don’t get to use in the classroom. Children are empowered to have big ideas while they take on challenges that inspire them to question, brainstorm, work as a team and build amazing invention prototypes.

This year’s fresh, action-packed Camp Invention curriculum features several hands-on modules:

* Duct Tape Billionaire™: Campers design duct tape products they can market and sell to mock investors;
* Have a Blast™: Children build high-tech Bubble Blasters and compete as a team in friendly air battles that use physics to boost their advantage;
* Mission Space Makers™: Teams hatch eggs, sprout living plants and grow crystal trees, all while on a mission to locate and prepare a new planet
for human habitation; and
* Operation Keep Out™: Campers learn to reverse engineer old machines and devices, and use their parts to create the ultimate Spy Gadget Alarm Box.

More about this year’s all-new curriculum:

All local Camp Invention programs are facilitated and taught by certified educators who reside and teach in the community. Camp Invention serves more than 130,000 students every year and partners with more than 1,400 schools and districts across the nation. For additional information or to find the camp nearest you, visit campinvention.org.

About Camp Invention:

Camp Invention is the only nationally recognized summer program focused oncreativity, innovation, real-world problem solving and the spirit of invention. Through hands-on programming, Camp Invention encourages children entering kindergarten through sixth grade to explore science, technology, engineering and mathematics curriculum inspired by some of the world's great inventors. Camp Invention is a program of the National Inventors Hall of Fame.

Ricky Miller II had previously entered a guilty plea to third-degree robbery.

Defense Attorney Jamie Welch sought an adjournment of the sentencing in Genesee County Court this afternoon to give Miller more time to complete $254 in restitution in order to avoid fees and surcharges.

Miller is expecting a tax-refund check the first week of May, so Welch asked for sentencing on May 8.

District Attorney Lawrence Friedman said it would cost the county more than $250 to house him in the local jail those additional days.

Judge Charles Zambito denied the request.

Miller can avoid some additional fees if he makes restitution before May 8. If he doesn't, then he must pay $25 per month until restitution is paid (Welch asked for $10 a month and Friedman countered $50 per month and Zambito went to with $25).

When asked to make a pre-sentence statement, Miller declined.

He was given two to four years in prison.

News partner WBTA contributed to this report.

A family tradition for more than 100 years comes to Batavia today -- the Garden Brothers Circus. This is your last chance to see this circus in Batavia with live elephants!

Plus there will be elephant rides, camel rides and pony rides and a Kids' Fun Zone one hour before each show.

Performances are at 4:30 and again at 7:30 p.m. at Falleti Arena, located at 22 Evans St. in the City of Batavia.

The Garden Brothers has everything you’d expect to see at a Circus.

"We are bringing an all new, fast paced; totally exciting show to town!”

See "Motorcycle Madness" with motorcycle daredevils somersaulting and spinning in a big "Globe of Doom"; Chinese acrobats; "The Human Slingshot," watch camels, llamas, horses-and a buffalo perform together for the first time; crazy comedy with Circus Clowns; daring aerialists; cirque artists.

It's 90 minutes of excitement and fun!

Elizabeth Ann Hicks, 34, of Jackson Street, Batavia, is charged with promoting prison contraband, 1st, criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Hicks was allegedly found in possession of a needle and syringe with Suboxone while being booked on an unrelated charge. She was jailed on $5,000 bail, $10,000 bond.

David Henry Luther, 56, of Cider Mill Court, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, consuming alcohol in a motor vehicle. Luther was charged following a "check the welfare" call on Bloomingdale Road, Tonawanda Indian Reservation, at 7:43 p.m. Sunday by Deputy Michael Lute.

Alicia Brandi Clark, 41, of Halstead Road, Batavia, is charged with endangering the welfare of a child, unlawful possession of marijuana, mobile phone use on highway and misuse of dealer plates. Clark was stopped at 4:35 p.m. Saturday on Lewiston Road, Batavia, by Deputy Michael Lute.

Timothy McCarthy, 47, of Alexander, is charged with DWI and driving with a BAC of .18 or greater. McCarthy was stopped by State Police.

Shawn Matthew Szczcygiel, 39, of Tinkham Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, unsafe tires, and inadequate exhaust. Szczcygiel was stopped at 4:54 a.m. Saturday on Tinkham Road by Deputy Eric Meyer.

Hector Maximilliano Vidal, 22, of Eggert Road, Tonawanda, is charged with petit larceny and unlawful possession of marijuana. Vidal is accused of shoplifting at Kohl's.

Dustin W. Bogue, 35, no permanent address, is charged with trespass. Bogue allegedly entered property owned by another person after being advised to stay off the property. He was jailed on $1,000 bail.

Ashley N. Ziccardi, 24, of Brooklyn Avenue, Batavia, was arrested on a warrant for alleged failure to appear.

Tiffany M. Brown, 25, of Maple Street, Batavia, was arrested on a warrant for alleged failure to appear. Brown was arrested by Sheriff's deputies and turned over to Batavia PD on a City Court warrant.

Russell R. Miles, 48, of South Main Street, Batavia, is charged with criminal contempt, 1st. Miles allegedly violated an order of protection. He was allegedly found at the residence of the protected party in violation of the order. He is accused of violating the same order at least twice in five years. He was jailed without bail.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, was arrested on warrant for alleged failure to appear. He was taken into custody at the Erie County Holding Center on the warrant. He was jailed on $300 bail.

Press release:

The Genesee County Economic Development Center (GCEDC) today announced that William Kent Inc. in Stafford will conduct an auction for items in vacant structures on the site of STAMP -- Science and Technology Advanced Manufacturing Park. The items to be auctioned are from 6758 Allegany Road; 6725 Crosby Road; and, 6840 Crosby Road. 

The auction will be held online from April 27 through May 2.  All items purchased must be removed from the properties by May 12.  The auction will precede asbestos removal and demolition of the structures.

The agreement between the GCEDC and William Kent Inc. states that the auction company will receive 10-percent commission of the sale of all items. William Kent Inc. also may deduct their fee from the gross sales receipts resulting from the sale of the items. The notice of the auction was published in The Batavia Daily News, Genesee Valley PennySaver (Oatka and Batavia editions) and the Lake Country PennySaver.

“There are items in the vacant structures that have some value and funds from the online auction will be used to mitigate costs associated with preparing the site for development,” said Mark Masse, senior vice president, GCEDC.

Since 1970, William Kent Inc. has conducted thousands of auctions across upstate New York from farm and commercial properties to estates and antiques.

For more information about the online auction please visit www.williamkentinc.com.

Members of Girl Scout Troop 42025, from Corfu, set up a Little Free Library outside Seaman's Hardware in East Pembroke as part of their Earth Day project on Saturday. They stocked it with a large collection of children's and adult books they collected.

"We wanted to put a free library in our neighborhood with hopes that it will be used greatly!" said member Lilly Senko.

"Reading is so important to being a good learner, and when everyone can get free books to read, it will help them read more," said Hannah Beach.

Photos and info submitted by Julie Beach.

A contingent of Navy Sea Cadets volunteered their time Saturday to help clean the grounds of the VFW Hall on Edwards Street, Batavia. The exterior work comes after members recently completed interior renovations.