LEGAL NOTICE

TOWN OF PEMBROKE

NOTICE OF PUBLIC HEARING BY THE TOWN BOARD OF THE TOWN OF PEMBROKE, NEW YORK

TO CONSIDER ADOPTING PROPOSED LOCAL LAW # 1 of 2021 ENTITLED, “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”

NOTICE IS HEREBY GIVEN that the Town Board of the Town of Pembroke, New York on the 8^th day of June, 2021 at 6:00 P.M. at the Pembroke Community Center, 116 East Main Street, Corfu, NY 14036, will propose Local Law No. 1 of 2021, entitled “A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW”, as summarized as follows:

LOCAL LAW NO. 1 OF THE YEAR 2021 OF THE TOWN OF PEMBROKE

A LOCAL LAW TO AMEND LOCAL LAW # 3 of 2003 TOWN OF PEMBROKE LAND SEPARATION LOCAL LAW

The Land Separation Local Law of the Town of Pembroke known as Local Law No. 3 of 2003, is hereby amended by Local Law No. 1 of 2021 as follows:

ARTICLE I PURPOSE

This Local Law is enacted by the Town Board of the Town of Pembroke pursuant to the provisions of Section 10 of Municipal Home Rule Law to regulate the division of land into individual lots, when such divisions of land fail to meet the threshold for review as a subdivision as set forth in the Town of Pembroke Land Subdivision Regulations. It is declared to be the policy of the Town of Pembroke to consider land separations as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things, that lots created by land separations shall be of such character that they can be used safely for building purposes without danger to health, or peril from fire, flood, or other menace; that proper provision shall be made for drainage, water supply, wastewater treatment, and other needed improvements; that all proposed lots shall be so laid out and of such size as to be in compliance with the Town of Pembroke Zoning Law and in harmony with the development pattern of the neighboring properties.

ARTICLE II TITLE

This Local Law shall be known as "the Town of Pembroke Land Separation Local Law".

ARTICLE III DEFINITIONS

Clerk of Planning Board: The individual appointed by the Pembroke Town Board.

Formal Offer to Sell: Any offer to sell land, which involves a form of public offering including but not limited to real estate listings, auction listings, media advertising (printed, radio, television, etc.) or use of signs.

Land Separation: Any division of land into four or fewer lots within a three-year period, where all such developable lots or parcels: (1) front on an existing public street, (2) do not require the extension of municipal facilities, and (3) comply with all the area requirements (i.e., lot width, lot area, etc.) set forth in the Zoning Law or have received all necessary area variances. Any division of agricultural land for the purpose of continued agricultural use shall be considered a land separation and subject to the Town of Pembroke Land Separation Local Law.  The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel.  Public acquisitions by purchase of strips of land for the widening or opening of streets, or for the installation or construction of municipal facilities, shall not be included within this definition nor subject to these regulations. Land separation shall also include the division of land to allow the transfer of property between adjacent parcels, provided nonconforming lots or parcels are not created, no existing degree of nonconformity is increased, and the proposed division does not involve the alteration of lot lines or dimensions of any lots or sites shown on a subdivision plat previously approved and filed with the County Clerk.  Land separations shall be processed in compliance with the Town of Pembroke Land Separation Local Law unless the Planning Board deems it necessary for the protection of public health, safety, and welfare (i.e. storm water drainage, topography, etc.) that a land separation be processed as a subdivision.

Lot: A parcel of land intended for transfer of ownership or site development, that is presently occupied or capable of being occupied by a principal building or use and uses accessory to the principal building or use.

Municipal Facility: Facilities operated by either a municipality or governmental agency for the provision of potable water; collection, treatment and/or disposal of wastewater; lighting, stormwater and/or erosion control; or provision of/for transportation (streets, highways, etc.).

Property Owner: The owner of the property subject to the proposed land separation, or his/her duly authorized representative (such authorization shall be provided in writing).

Subdivision: Division of land into lots that is not considered a land separation as defined herein.

Subdivisions shall include but are not limited to the division of land into five or more lots in a three-year period, or division into any number of lots when such lots: (1) do not front on an existing public street, or (2) require the extension of municipal facilities. This definition shall apply when land is divided for the purpose, whether immediate or future, of transfer of ownership or development, and shall include re-subdivision. Once the division of land is determined to be a subdivision, the Town of Pembroke Subdivision Regulations shall apply to all such lots, including any previous lots divided within the prior three-year time period, regardless of whether said lots have been sold singly or collectively. The three-year period shall commence running upon the final approval by the Planning Board of the first application to divide the original parcel. Public acquisitions by purchase of strips of land for the widening or opening of streets shall not be included within this definition nor subject to said subdivision regulations. Once a subdivision has been created, any subsequent division of lots from the original tract of land, irrespective of when such division(s) occurs, shall be subject to review as a subdivision, unless such proposed lot(s) are greater than one-half mile from any point on the boundary lines of a lot(s) created by a previous subdivision.

Zoning Law: The officially adopted Zoning Law of the Town of Pembroke together with all amendments thereto.

ARTICLE IV PROCEDURE

Whenever any land separation is proposed, before any formal offer to sell any lots in such land separation, or any other part thereof, is made, and before any contract for sale is executed by the

property owner, the property owner shall submit a sketch plan and obtain written approval of such sketch plan in accordance with the procedures set forth in Section 1, 2 and 3 of this Article. Before any land is transferred or any permit for the erection of a structure is issued for such land, final authorization of said land separation shall be obtained as set forth in Section 4 of this Article.

SECTION 1     SUBMISSION OF SKETCH PLAN

A property owner shall, prior to undertaking a land separation, submit to the Clerk of thePlanning Board at least seven days prior to any regular meeting of the Board, a completed application for and eight copies of a Sketch Plan of the proposed land separation. The Sketch Plan shall show: (1) The entire parcel being divided, proposed lot lines, and (2) Any existing easements, deed restrictions or covenants affecting the property. At that time, the property owner shall also pay the Land Separation fee established by separate resolution of the Town Board.

SECTION 2     REQUIREMENTS AND CLASSIFICATION

The property owner shall attend the meeting of the Planning Board to discuss his/her proposal as set forth in the Sketch Plan. Classification of the Sketch Plan will be made at this time by the Planning Board as to whether the proposal qualifies as a land separation or must be processed as a subdivision.  When it deems necessary for protection of the public health, safety and welfare, the Planning Board may require a land separation to be processed as a subdivision in compliance with the Town of Pembroke Land Subdivision Regulations.

SECTION 3      PLANNING BOARD PRELIMINARY DECISION

The Planning Board and shall review the Sketch Plan to determine whether it meets the purpose of these regulations as set forth in Article I.  Land Separations are deemed Type 2 actions per NYSDEC. The Planning Board shall, where it deems necessary, make specific recommendations in writing to be incorporated by the applicant into the proposal prior to submitting it for final authorization. When deemed necessary by the Planning Board, the applicant may be required to resubmit his/her revised proposal for review by the entire Planning Board prior to submitting it for final authorization.

Should the Planning Board Chairman and Code Enforcement Officer agree with a proposed Sketch Plan, and the proposed Sketch Plan creates a lot(s) that are in conformance with the Town of Pembroke Zoning Law and this Local Law, the Planning Chairman is authorized to grant Preliminary Approval.  Land Separations requiring mergers to conform with the Town of Pembroke Zoning Law or creating non-conforming parcels still require Planning Board approvals.

SECTION 4       FINAL AUTHORIZATION

Within 180 days of Planning Board approval, the property owner shall provide the Planning Board Chairperson, or his/her designee, three prints of a property survey prepared by a NYS Licensed Land Surveyor. This survey shall meet all the recommendations made by the Planning Board relative to the sketch plan. Upon determination that the survey complies with the Planning Board's recommendation, the Chairperson, or other duly designated Officer of the Planning Board, will sign the application, and provide the property owner with a copy of such application. Failure of the property owner to submit the required survey documentation to the Planning Board Chairperson, or his/her designee, within the 180-day time-period will render the Planning Boards approval null and void.

SECTION 5       FILING OF SURVEY(S) WITH COUNTY CLERK

Within sixty (60) days of obtaining final authorization from the Planning Board Chairperson, or

his/her designee, the property owner shall file the survey(s) at the Genesee County Clerk's Office. Failure of the property owner to file such documentation with the Genesee County Clerk within the specified time-period will render both the Planning Board's approval and final authorization null and void.

ARTICLE V            WAIVERS OR MODIFICATIONS

Where the Planning Board finds that special circumstances exist in a proposed Land Separation, it may waive or modify specific requirements of this Local Law, subject to appropriate conditions, provided that such waiver or modification shall not have the effect of nullifying the intent and purpose of the Town of Pembroke Land Separation Local Law, Subdivision Local Law, Zoning Law, Comprehensive Plan, or any existing master plan and official map. In granting said waivers or modifications, the Planning Board may require such conditions as will, in its' judgment, substantially secure the objectives of the standards or requirements so waived or modified.

ARTICLE VI           FEES

The Town of Pembroke has a Fee Schedule on file at the Town Clerk's Office. Copies of this Schedule are available and any fees due the Town must be paid in full before approvals are considered.

ARTICLE VII           VIOLATION AND PENALTY

A. Any violation of this Local Law shall be deemed an offense punishable by a fine and/or imprisonment as set forth in Section 268 of NYS Town Law. Each and every week such violation continues shall be deemed a separate and distinct violation.

B. It shall be further unlawful for any person to fail to comply with a written order of the Zoning Enforcement Officer within the time fixed for compliance therewith.

C. Appearance Ticket - The Zoning Enforcement Officer may issue an appearance ticket to any person who fails to respond to a notice of violation and written order to correct the violation.

D. The Zoning Enforcement Officer may, with permission of the Town Board, engage the Town Attorney or any other attorney approved by the Town Board to initiate legal action to enforce provisions of this Local Law.

E. In addition to the foregoing remedies, the Town of Pembroke and/or its appropriate officials and authorities may maintain an action for injunction to restrain, correct or abate any violation of this Local Law and/or maintain an action at law for damages sustained as a result of any violation of this Local Law and/or seek any other remedy permitted by law including Town Law Section 268. Damages shall include, but not be limited to, the legal fees and court costs expended or incurred by the Town as a result of any legal proceedings brought hereunder.

ARTICLE VIII             SUPERSEDING AND REPEALER CLAUSE

All applicable statutes, laws and local ordinances; in conflict with the provisions of this Local Law, including Sections 276 and 277 of New York State Town Law, are hereby superseded to the extent necessary to give this Local Law full force and effect.

Town of Pembroke Local Law No. 1, of 1992 is hereby repealed.

ARTICLE IX              EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the New York State Secretary of State.

A turtle was in the road on Church Street in the Village of Le Roy, says a caller to dispatch, and now it's on the sidewalk but there are children playing with it. A Le Roy police officer is responding.

UPDATE 12:04 p.m.: "The turtle has been removed; that job can now be cleared," an officer tells dispatch.

Press release:

The Batavia Police Department would like to notify citizens that the State of Emergency declared by Governor Cuomo at the start of the COVID-19 pandemic ended today (June 24). Therefore, the extension of expiration dates for driver licenses and permits that expired on or after March 1, 2020 also ended today.

Expired drivers licenses and permits are no longer valid and need to be renewed with the Department of Motor Vehicles.

Press release:

On June 24th, a ceremony was held in the lobby at Batavia Downs Gaming as Batavia Downs showcased their $2,300 sponsorship of the Genesee County Sheriff’s K-9 Unit. The money was left at Batavia Downs and was turned into the Sheriff’s office.

When the money went unclaimed, Batavia Downs decided to sponsor the Department’s K-9 Unit. The money will be used to help provide equipment for the unit, headed up by Officer Andrew Mullen and K-9 Frankie.

“We’re happy to help contribute to Genesee County Sheriff’s K-9 Unit,” said Henry Wojtaszek, president and CEO of Batavia Downs. “It’s important for our Sheriff to have the resources they need to keep our community safe.”

“We appreciate the support from Batavia Downs," said Genesee County Sheriff William Sheron Jr. “These funds will be put towards K-9 related expenses like food, training and equipment.”

Photo by Howard Owens.

Matt Gray, co-owner of the former J.J. Newberry Building at 109-111 Main St., Batavia, is proclaiming “mission accomplished” as construction of a trio of third-floor apartments has reached the finishing touches stage.

“The building is finally 100-percent complete,” Gray said this afternoon. “Bringing people Downtown, that’s the whole idea behind it. We’re looking forward to a good 2021.”

Gray and partner Matthew Boyd have a reason to be proud as they, along with Eli Fish Brewery Company co-owner Jon Mager, have coordinated the transformation of the building (that was built in 1881) into a Downtown destination.

The entrepreneurs have invited the media and a select group of community officials connected to the project to attend an open house at 4 p.m. Friday (tomorrow) where tours of the apartments will be conducted.

Gray said that Whitney East Inc., of Rochester, was the general contractor for the apartment project that began in January. Two of the apartments have two bedrooms and the other has one bedroom.

All are equipped with high-efficiency washers and dryers and stainless steel appliances.

Gray said that tenants will be moving in on July 1, and that all are being rented at market rate – around $1,000 per month.

In 2018, four apartments were put into the second floor, with Thompson Builds as the general contractor. The building’s first floor houses Eli Fish Brewing Co. and restaurant, and Eden Café & Bakeshop.

Previously: BDC director points to Eli Fish/Newberry project as shining example of agency's value

This stately home took more than two years to build! It boasts large beautiful rooms, gorgeous woodwork, wide-pegged hardwoods and features intricate crown moldings. Dining room has two arched built-in must-see glassed china cabinets. Sunken living room has three sets of French doors leading to beautiful yard and covered patio.

Upstairs has master bedroom with fireplace leading to a beautiful white-tiled bath. There are four additional bedrooms boasting walk-in closets. Third floor known to locals as "the ballroom" has four built-in benches and a spring-loaded hardwood floor; it's now used as game room. There is also a full bath there.

Well kept and modernized throughout the years with new gas boiler in the fall of 2019 as well as H2O tank, painting of exterior in 2020, kitchen and baths have all been modernized, updated electrical panel, some new carpeting upstairs as well as most hardwood on second floor refinished AND an amazing slate roof!

So many neat architectural gems spread throughout this amazing home AND if that is not enough room there's a 40' X 60' pole barn on this well-maintained 1.3 acre Village lot.

Click here for more information on this listing. Call Reliant Real Estate today, call (585) 344-HOME (4663).

Nineteen million, seven hundred thousand.

That’s the amount in dollars that was bet at Batavia Downs Gaming during the week of June 13-19, a record for the Park Road entertainment center.

Batavia Downs Gaming Marketing Director Ryan Hasenauer reported that figure to Western Regional Off-Track Betting Corp.’s directors, who gathered this morning for their monthly board meeting.

WROTB President/CEO Henry Wojtaszek, when asked if it was safe to say that the gaming industry has bounced back from the COVID-19 pandemic, simply replied, “Yes. That’s the most money that has been bet on the machines in our history in one week -- $19.7 million.”

Wojtaszek also commented on the Rockin’ The Downs Summer Concert Series, that moves into its third week tomorrow night.

“We’re off to a great start for the Summer Concert Series,” he said. “The first two concerts went well and we’ve sold a lot of tickets for Steve Augeri (formerly of Journey) on Friday night."

In other developments:

• Batavia Bets, WROTB’s interactive online platform, handled almost $2.2 million in May, up more than $1 million (97 percent) from 2020.

Through June 20, handle was $1.2 million – down $79,000 (6 percent) from 2020, but the year-to-date handle of $9 million is up almost $2.9 million (47 percent) from 2020.

Wojtaszek attributes the increase to patrons who turned to horse racing wagering during the pandemic and have found it a favorable pastime.

“It (COVID-19) did cause a lot of people to take a look at horse racing because that really was the only activity available to them at the time,” he said. “But, I think what they’ve seen, they liked because they continue to utilize that service. We have a great rewards rebate program that seems to be working well.”

Additionally, it was reported that $121,737 in surcharge generated in May will be distributed to the corporation's municipalities. 

• Batavia Downs Gaming will be hiring two full-time customer relations managers to “try to take our customer service up a notch,” Wojtaszek said.

“We want to make sure all of the different facets of the operation are coordinated properly and that our customers are looked after, so we’re trying to take it up a notch,” he said, adding that two current employees may be promoted although the positions will go through the Human Relations department.”

• Several resolutions were passed, including three pertaining to legal representation – a $200,000 contract with Harris Beach, $100,000 contract with Hodgson Russ and $5,000 contract with Connors LLP.

Others measures approved were a contract with Canal Concerts Inc., for $3,500 per concert (not to exceed $35,000) to provide setup and oversight services during the 2021 Concert Series, and the purchase of a block of eight tickets with parking in an amount not to exceed $25,200 from Live Nation Marketing Inc., for the 2021 concert series at Darien Lake.

Photo at top: Ryan Hasenauer, Batavia Downs Gaming marketing director, stands next to the Zoom Ball game the facility will be promoting next month. Hasenauer said that during the five Saturdays in July, two customers will be called at random each hour over a four-hour period (7 to 10 p.m.) to play the game. Upon pressing the big red button, the balls -- gold, red, white and blue -- will be blown around and sucked into the "win zone" at the top of the machine. If the player gets all six gold balls in the chute, he or she will win $50,000. Prizes decrease from there -- $10,000 for five, $1,000 for four, $250 and $250 free play for three, $150 and $250 free play for two, $100 and $250 free play for one, and $250 free play even if none of the balls at the top are gold. Ten of the balls in the machine are colored gold. Photo by Mike Pettinella.

The Batavia Concert Band performed its first concert of the 2021 season last evening in Centennial Park.

The public is encouraged to attend the free concerts at 7 p.m. every Wednesday through Aug. 4 in Centennial Park, located at 151 State St. in the city.

These concerts are "made completely possible through local funding."

Upcoming concerts and/or their sponsors:

• June 30th -- In memory of Robert Knipe, Gary Bird, Dave Funston and Ange Pillo
• July 7th -- Made possible by WBTA our season-long media sponsor and The Pacino Family, Gold Sponsor
• July 14th -- In memory of Neil Hartwick
• July 21st -- Made possible by Batavia Rotary Club, Gold Sponsor and Silver Sponsor, H.E. Turner & Co, Bohm-Calarco-Smith, Burdett & Sanford Funeral Homes
• July 28th -- In memory of John Arent by his family as Gold Sponsors, made possible by GCASA and Brighton Securities as Bronze Sponsors
• Aug. 4th -- Made possible by Great Lakes Insurance Services Group (Batavia Office), Gold Sponsor​

Photos by Howard Owens.

In what is being called a "good faith" gesture initiated by Genesee County's representative to the Western Regional Off-Track Betting Corp., the public benefit corporation's board of directors this morning voted to approve host agreements with the Batavia City School District, Genesee County and Town of Batavia to provide payments totaling more than $200,000 over the next four years.

These payments are being made to the taxing jurisdictions in light of Batavia Downs Gaming's recent purchase of the Hotel at Batavia Downs from ADK Hospitality of Buffalo, thus taking the property off of the tax rolls and negating a 10-year payment in lieu of taxes agreement the entities had with the previous hotel owners.

The breakdown of the payments, which add up to $212,508, reveals that the school district will receive $27,000 for 2021, and the school district, county and town will receive a total of $46,377 for 2022 through 2025. Dissecting the latter amount further, the school district will get approximately $27,000, the county approximately $13,000 and the town approximately $7,000.

"Dick Siebert," replied WROTB President/CEO Henry Wojtaszek when asked what prompted the board to propose allocating money to three taxing jurisdictions affected by Batavia Downs Gaming activities. "Mr. Siebert addressed the board and asked them to consider this because he indicated to everybody that we have great relationships with them -- which we do -- and thought it would be a good faith effort to go ahead and do this. It was something that they had counted on because they had a PILOT in place with the former owners of the hotel."

Wojtaszek said the funding covers the amount of the PILOT that would have been in place.

Siebert, a longtime WROTB director and Genesee County election commissioner, said passage of this resolution is "more about the spirit of what we're doing than the actual dollar amount."

"It's not a great deal of money, but it shows than even though we are tax exempt ... it shows our good faith," he said, adding that the county, school district and town have supported the corporation's efforts.

He asked Wojtaszek to formally inform the school superintendent, county manager and town supervisor.

Press release:

Wednesday was the Muckdogs' first doubleheader of the 2021 season, traveling to Sal Maglie Stadium in Niagara Falls to face the Power. The day started off with miscommunication on the report time with the bus, pushing game one’s start time back 30 minutes to 5 p.m.

Nathan Hinkley got the ball in game one with the Muckdogs trying to push their win streak to three, and in the process, making it for straight losses for Niagara. The Power would strike in the first inning, as five of the six hits over the seven-inning game occurred in the first three frames. TCU shortstop hit a deep home run down the left-field line in his first at-bat with Niagara to make a 1-0 ballgame.

Batavia would respond in the top of the fourth with a leadoff bunt single by Charlie Szykowny, and later would be driven in on the RBI single from first baseman Joe Georger to tie the game. Hinkley would settle in and groove in the last three innings, as the Keystone College right-hander allowed just one hit and three other base runners during that time in the complete game.

Base-running errors were crucial for both teams throughout the game, as Hinkley picked off four Niagara base runners at first base, and Brice Mortillaro was thrown out going home on an Ethan Sarimento double in the fifth. With the game still knotted at one heading into the seventh, Spencer Marcus smacked a leadoff triple into the right-center gap for his first hit of the day.

After Abner Benitez was walked on four pitches as reliever AC Chavez game into the game; Jerry Reinhart had the go-ahead RBI on an infield single that scored Marcus from third. Mortillaro would also redeem himself with a standup double where Reinhart showed off his speed and almost beat Benitez to home plate.

Hinkley would continue being the man on the mound in the seventh, retiring Casey Saucke for the final out to get his first win of the season and leading the Muckdogs to a 4-1 victory in a game that was one hour and 42 minutes long.

Game two was anticipated to start 30 minutes after the completion of game one, not leaving much time for players to get ready and eat some food on dollar cheeseburger day. Five minutes before the first pitch, penciled in starting pitcher Blair Frederick informed the coaching staff that he was not able to throw to due shoulder discomfort, creating a sense of panic in who was going to start for Batavia.

Kyle Kohlhafer would get his first start in PGCBL action, as his first appearance in a Muckdog uniform came against the Mansfield Destroyers in a friendly nonleague game. Kohlhafer’s start would only last one and two-thirds innings after giving up three earned runs and five hits. Colin Noeth came into the game to get the final out of the second inning but only lasted an inning as he let up three runs on one swing of the bat from the University of Virginia commitment Casey Saucke.

Nate Novia was handed the ball to start the fourth, but could not get an out in the fifth as Utah catcher Brock Rudy had a bases-clearing triple that made it a 10-2 game. Relievers George Osbourne and Kyle O’Neill did not allow a run to score in their combined two innings of work, striking out four Power batters.

The Batavia bats were pretty stagnant in game two, only mustering up three hits compared to Niagara’s 11. Mitch Fleming and Michael Florides would score the two Muckdog runs back in the third inning to make it a 3-2 ballgame before seven unanswered runs for Niagara. Florides, Charlie Szykowny, and Abner Benitez were responsible for the Muckdogs hits.

In a less than ideal scenario in game two, with Frederick not being able to throw with short notice to the other pitchers, Batavia’s win streak is snapped at three games to sit at an 8-10 record. Geneva currently sits at 8-8 as they are riding a three-game losing skid after Wednesday night’s loss to the Jamestown Tarp Skunks.

The Muckdogs will be back home tonight on Guaranteed Win Night against the Geneva Red Wings with the opportunity to jump into third place in the Western Division as they currently sit one game back.

First pitch of game one is scheduled for 7:05 p.m. at Dwyer Stadium. It can be viewed on YouTube Live by subscribing to “BataviaMuckdogBaseball.”

Make sure to follow our Twitter @BataviaMuckdogs and like our Facebook Page, “BataviaMuckdogBaseball.”

Photo submitted by JoAnne Meiser.

Press release:

Join the Richmond Reads Committee on Thursday, July 8 at 7 p.m. to celebrate the reveal of the 2021 title selection! 

Richmond Reads is a community one book program that began in 2019 at Richmond Memorial Library. Each year, a committee reads dozens of titles and selects a work of fiction to share with the community. Programs and discussions are then created around the selected title.

Prior selections include "Southernmost" by Silas House and "Nothing More Dangerous" by Allen Eskens. 

“This program is already developing into a tradition here at Richmond,” said program coordinator and librarian Samantha Basile. “We’re so encouraged and excited by the support we have from the community.

"The committee is looking forward to revealing the title, which we believe holds the note of hope that everyone is seeking after a long year.” 

The reveal program will take place outside at the library, pending good weather, with a rain location in the Reading Room. The event will include refreshments, the title reveal, and a special guest reader who will read from the first chapter of the book.

Copies of the title will be available for sale for $15, cash or check made out to The Friends of the Richmond Memorial Library, and the library will have plenty of copies to borrow. Copies will also be available to purchase at the library until the virtual author visit in October. 

Registration is requested at: http://batavialibrary.org/richmond-reads

The author will visit virtually on Thursday, Oct. 21 at 7 p.m.!

More programs and book discussions will be announced throughout the summer.

A waste of time and money?

Genesee County governmental leaders on Wednesday expressed their public displeasure over the extremely low early voting turnout prior to Tuesday’s Republican Primary races in the towns of Bethany, Byron and Stafford.

County Manager Matt Landers reported that only six people took advantage of the nine days of early voting – all of them casting their ballots in the Town of Stafford, which held a primary for the position of town clerk.

“The other two races had zero voters even though we had nine days of early voting – at a not cheap cost” (to those municipalities), he said. “So, some food for thought.”

Landers said the county will “charge back” expenses (personnel, etc.) for the early voting at the ARC Community Center in Batavia to the towns. He explained that the three towns will pay proportionally based on the total number of registered voters in the municipalities, not by the number of people who voted.

He said he expects the total cost to be several thousand dollars considering that four election workers were called to duty each day under supervision of both Republican and Democrat commissioners.

Upon hearing that just six early votes were cast, Legislator Marianne Clattenburg brought up that Democrat lawmakers in Washington have been promoting “a one size fits all” voting reform.

“This is a perfect example of how that does not (fit),” she said.

That prompted Landers to say that while the county conducted nine days of early voting, “there’s a push to make it 15 days …”

Legislature Chair Rochelle Stein said calls and/or letters to state and federal representatives are in order.

“I think that would be incumbent upon us to alert our representatives, both in the state and federal government … as an example of funds that aren’t being used in the manner that is prescribed and the value of those funds being used,” she said.

In another development, Mental Health Director Lynda Battaglia reported that the department’s application for a mobile access program has been accepted.

“This is an exciting opportunity to change how we deliver crisis service at the times that people need this service the most,” Landers said. “We look forward to seeing the results of that program.”

A key feature of the mobile access program is the use of an iPad for mental health crisis response with law enforcement personnel on-site.

At about 1 a.m., a motorist was in need of some assistance at Main and Oak in Batavia and two Batavia police officers stopped to help change a tire -- Pete Flanagan and Jordan McGinnis.

Tom Wood, former chief for Le Roy, was driving past and couldn't stop for a picture but thought the officers deserved some recognition.

"With all the negativity around police officers, I thought I should share this," Wood said.

Commended by the Genesee County Legislature this afternoon for “standing in the gap” during the COVID-19 pandemic, Genesee County Probation Department employees were honored with a proclamation designating July 18-24 as Pretrial, Probation and Parole Supervision Week.

Legislator Gordon Dibble presented Probation Director Timothy Michalak with the proclamation at a meeting at the Old County Courthouse.

Legislature Chair Rochelle Stein thanked probation officers for conducting COVID-related home visits and volunteering to work at the county's mass testing and vaccination clinics.

Michalak thanked legislators for the recognition, stating, “As we all emerge from this pandemic, our officers who did a fantastic job will continue to work hard and make a positive change within individuals and our community, with a particular focus this year on restoring trust and encouraging hope.”

The proclamation reads as follows:

“WHEREAS, community corrections is an essential part of the justice system and probation officers uphold the law with dignity, while recognizing the right of the public to be safeguarded from criminal activity; and

WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community and are trained professionals who provide services and referrals for offenders, and

WHEREAS, community corrections professionals work in partnership with community agencies and groups while promoting prevention, intervention and advocacy; and

WHEREAS, community corrections professionals provide vital services, support, and protection for victims and are advocates for community and restorative justice; and

WHEREAS, Genesee County Probation Officers have endeavored to maintain public safety while managing the added challenges and stressors of a global pandemic and volunteered to stand in the gap when called upon to conduct COVID-related home visits and work at the mass testing clinics and vaccination clinics, and

WHEREAS, Members of the Genesee County Probation Department partnered with law enforcement and county departments during the holidays to ensure children and seniors in need received a gift or food through the “Stuff the Cruiser” and Holiday Tote Project, and

WHEREAS, community corrections professionals are a true Force for Positive Change in our communities, Now, Therefore, Be it

RESOLVED, that in humble appreciation of our hard-working probation professionals, the Genesee County Legislature does hereby proclaim July 18-24, 2021 as Pretrial, Probation, and Parole Supervision Week and extends our gratitude for their conscientious service and achievements.”

Photo from left: Legislator Gordon Dibble, Probation Director Timothy Michalak, Probation Officers Bryan Pike, Terri Buchholz, Jason Mindler, Carly Luttrell, Beatriz Mateos, Ben Heale, Supervisor Kevin Wright, Officer Jessica Turman and Supervisor Rachel Sanfratello. Other members of the Probation Department staff are Senior Officers Michele Tucci, Jeremy Barber and Traci Russo and Officers Bill Bogan and Jeff Hyde. Photo by Mike Pettinella.

Press release:

The Muckdogs early last week were sitting at 5-5, riding a three-game winning streak before entering a four-game losing streak heading into action this past Sunday. Inconsistencies on both sides of the ball were credited to that losing streak said skipper Joe Martinez.

“It felt like when we would get runs and immediately give them right back,” Martinez said.

Looking to get back to their winning ways, Batavia played their most complete game of the season on Father’s Day on Sunday versus the Niagara Power. Just three days before, Niagara held a combined perfect game heading into the ninth inning as starting pitcher Ben Miller had a masterful performance.

Miller threw seven scoreless frames, not allowing a base runner and striking out 11 Muckdogs. Due to Miller only pitching seven and two-thirds innings prior to that appearance, he was pulled after 83 pitches. Cameron Gallardo was given the ball in the bottom of the eighth and kept the perfect game intact with just three outs remaining. Daniel Burroway broke the perfect game with a single past Casey Saucke down the third baseline.

Later in the inning, Joe Georger hit a line drive over the head of centerfielder Nathan Manning, putting the Muckdogs on the board as two runs would score on the Georger triple. The late-game rally came up short as the Muckdogs lost to the Power 5-2.

Fast forward to their next matchup against the Power, Batavia struck first in the fourth and did not look back as Spencer Marcus had a leadoff single off Power starter Joey Schott and would later score. Trey Bacon had a leadoff single off Gallardo in the fifth and tallied another run for the Dogs to go up 2-0.

For Batavia, former PGCBL Pitcher of the Week, Andrew Parr had his first start of the season, holding the Power scoreless. In six innings pitched Parr struck out six, allowing four hits, while also picking up his fourth win of the season. Parr currently leads the PGCBL in ERA (0.00) and Wins (4).

Ethan Frasca, Cameron Conley, and Charlie Szykowny scored runs in the sixth to go up 5-0, and Conley scored again in the eighth on Spencer Marcus’ RBI single. Batavia would snap the losing skid at four games in the 6-0 win and be tied with the Newark Pilots at 6-9.

Monday’s friendly matchup against the Elmira Pioneers was canceled at Dwyer Stadium due to a storm in Batavia. The Muckdogs then shifted their focus to the Pilots as they visited Colburn Park for the first time this season on Tuesday.

With both teams tied in fourth place in the Western Division at 6-9, Newark got out to an early 3-0 lead in the fourth inning. Blake MacMillian started on the mound for the Pilots, and Batavia had no answer for the Niagara University southpaw. MacMillian went five scoreless innings with only two Muckdogs reaching base but was taken out due to him mainly coming out of the pen.

Jimmy Dougherty was the man in relief, and the Muckdogs' bats came alive in the sixth. Brice Mortillaro started things off with a single; Michael Florides and Caden Walton had three straight singles. Abner Benitez knocked in two of them on a slicing double down the left-field line.

The game was tied 3-3 in the top of the seventh until Blair Frederick’s go-ahead two-run blast to go up 5-3. The flood gates opened as the Dogs scored eight runs in the seventh, batting through the entire lineup.

Batavia pitchers Dathon McGrath, Tyler Prospero and Carlos Rodriguez struck out 17 Pilots during the game, with an impressive outing from Prospero as he was responsible for six of them in his two innings of relief.

Batavia now sits at 7-9, heading into their doubleheader tonight with the Niagara Power at Sal Maglie Stadium. The rainout from this past Friday in Niagara Falls is responsible for the two seven-inning games with the opportunity for the Muckdogs to get back to .500.

First pitch of game one is scheduled for 5 p.m., with the second game starting 30 minutes after the completion of game one.

It can be viewed on YouTube Live by subscribing to BataviaMuckdogBaseball. Make sure to follow our Twitter @BataviaMuckdogs and liking our Facebook Page, “BataviaMuckdogBaseball.”

A car has reportedly hit a pedestrian at Clinton Street and East Main Street, Batavia.

The victim is down in the road.

City fire, Mercy EMS, Batavia PD responding.

UPDATE 5:35 p.m.: The bicyclist apparently sustained minor cuts and abrasions. He was a sign-off. Sgt. Mitch Cowen said it appears the bicyclist was crossing Clinton eastbound when a black SUV had the right-of-way. There were no marks on the SUV, so the bicyclist might not even have been struck. He may have hit his breaks suddenly and fell. No citations will be issued.

Fourth graders today competed in Batavia's annual Fourth Grade Track Meet at Van Detta Stadium.

In 2019, the competition was held in Oakfield because the Van Detta was under construction and in 2020 the meet was canceled because of COVID-19, so this year's fourth-grade class is the first group of fourth graders to hold its meet in the new Van Detta Stadium. 

That's something they'll be bragging about in 50 years said Athletic Director Mike Bromley.

Press release:

U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Barber, 53, of Batavia, pled guilty before Senior U.S. District Judge William M. Skretny to possession of child pornography following prior federal and state convictions relating to sexual abuse involving a minor.

The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on May 20 officers with the U.S. Probation Department and New York State Parole conducted a search at the defendant’s residence.

Officers seized a cellular phone, which was found to contain images and videos of child pornography. A flash drive containing child pornography was also seized.

Barber possessed more than 1,000 images and 200 videos of child pornography on the two devices, some of which depicted prepubescent minors, violence, and the sexual abuse or exploitation of an infant or toddler.

In April 2007, the defendant was convicted on a federal charge of possessing child pornography, and a state charge of sexual abuse in the first degree.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Sentencing is scheduled for Oct. 27 before Judge Skretny.

Previously: Batavia man who previously served time on child pornography charges indicted by Feds again