LEGAL NOTICE:

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application by Rochester MHP Portfolio, LLC (Jeffrey Cook) for the expansion of Country Meadows Manufactured Homes Community with the construction of 76 new mobile home lots within the existing community. The project also involves construction of internal private roads, utilities and stormwater management areas.  This is located at 5121 Clinton Street Road, Town of Batavia.  This is in an area zoned Mobile Home Park (MHP) District.

Said hearing will be held at the Town of Batavia Firehall, Station #2 on 8535 Stringham Drive, Batavia, NY on Tuesday, July 19, 2022, at 7:00 p.m. at which time all interested persons will be heard.  If you cannot attend, you may send your comments and concerns to the Chairman at kjasinski@townofbatavia.com  before the hearing.   All correspondence will be acknowledged.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

Genesee Community College is proud to announce the appointment of David Hagelberger to the College's Board of Trustees, effective April 27, 2022, through June 30, 2025.

Mr. Hagelberger earned an AAS in Electronic Communications degree from SUNY Alfred State and a BSEE from SUNY University at Buffalo. He began his career as a design engineer working on U.S. Military Defense projects for Sierra Research Corporation in Buffalo, New York. He worked for the company through several ownership changes in various leadership positions for 44 years, retiring in 2012.

Mr. Hagelberger has a long history of public service. In 1998 he was appointed to the Town of Darien Planning Board and soon became the chairman. In 2003 he was elected Town of Darien Supervisor and re-elected to three additional terms, retiring in 2019. During that period, he was a member of the Genesee Association of Municipalities and served as their representative for various committees.

Mr. Hagelberger and his family have resided in Darien since 1973 where he and his wife raised their three children. Since then, their family has grown to include four grandchildren. The ten-member Genesee Community College Board of Trustees is the governing body of Genesee Community College. Trustees are volunteers. Five members are appointed by the Genesee County Legislature; four by the Governor; and one, a student trustee is selected by the student body.

Press release:

Community Action of Orleans and Genesee has announced an agency-wide effort to collect personal care items that will be distributed to community members when they are facing an immediate need.

The agency will be collecting personal and household items such as deodorant, toothbrushes, toothpaste, soap, shampoo, laundry detergent, feminine hygiene products and toiletries for the entire month of July. These items will be used to assist those facing emergencies such as fires, domestic violence, job loss, and more.

Donations can be made in person at:

5073 Clinton Street Road,
Batavia, NY 14020
(585) 343-7798

For additional information, or to make a financial contribution, please visit our website at www.caoginc.org. 

Press release:

Pembroke Dragons 10U secured the All-Star Championship Wednesday evening with a 7-6 victory over Pavilion.

The undefeated #1 seed held home-field advantage at Pembroke Town Park.

Pitchers Connor and Carter Lang split the game with three innings a piece.

Jackson Loggins hit a solo home run and Cooper Senko stole home, boosting the team’s offensive play.

Ryder Metz contributed defensively with a huge catch in left field and Lukey Windnagle played a solid game behind the plate.

Carter Lang locked in the win with a walk-off single sending Owen Williams home.

Pembroke’s All-Star team included Connor Lang, Carter Lang, Owen Williams, Lukey Windnagle, Cade Weatherbee, Cooper Senko, Chase Henskee, Harlan Campbell, Simeon Calderon, Michael Gorski, Ethan Fancher, Ryder Metz, Lincoln Metz and Jackson Loggins.

This year’s coaches included Daniel Lang, Troy Williams, Luke Windnagle and Lyndsay Weatherbee.

Submitted photo

When Batavia native Jason Norton returned from a life out west with wife Michelle, they had a goal in mind to live in a more rural environment and slower-paced country life.

After settling into their first home, the couple spotted a cow in a neighboring yard. Rural it was.

“We’re home,” Jason said.

That was in 2000. Zoom ahead to this year, and they have been pastors of Everpresent Church at 4 Batavia City Centre for five years. Although most churches suffered loss of attendance due to COVID’s shutdown, the Nortons feel blessed that their small congregation was able to withstand the parameters of social distancing and only closed for 11 weeks.

The couple — and parents to 6-year-old Camilla — are in rebounding mode. Michelle said that some statistics show that 50 percent of the people that stopped going to church during the pandemic haven’t returned. She and Jason are “very community oriented” and family-friendly. The non-denominational, Bible-based church has previously been involved in outreach and she wants to resume those efforts.

The church will be hosting an event, Fun in the Son, catering especially to children with 10 carnival-like games; facepainting; a petting zoo with bunnies, a goat, chickens and ducks; bounce houses; a basket raffle; and hotdogs, chips, pop, snow cones and waffle cakes.

It will run from 11 a.m. to 3 p.m. July 16 in the parking lot at Alva Place and Bank Street.

“It’s our way to get back out to the community,” Mrs. Norton said. “We're very family oriented. We are very kid oriented. And we just wanted to create this event to bring families back out together, because I noticed the community has a lot of things for adults, but not a whole lot for families together.”

A sheet of 25 tickets is $5, and kids can throw axes — little plastic ones that stick to the target — get a ping pong ball in a cup and other similar games. The sheet also includes a raffle ticket for each a girls and a boys bicycle. Other prizes will be given away throughout the day, such as gift cards to McDonald’s, Subway and Pizza 151.

Every child is to get at least one small prize, Michelle said, and those collected prizes can be turned in for bigger prizes.

This will be a church event that’s not so much about church, or preaching, she said. Fun in the Son is an opportunity for people to meet and get to know the Nortons and their church family, she said. Jason added that many events of the past are no longer around — St. Joe’s parade and carnival, and other town and village fundraising events — and he’d like to see activities return for families to enjoy.

Proceeds from the event will go to support “much-needed building repairs” at the church.

“Our church needs a new heating unit. And so we're doing a fundraiser,” Michelle said. “Whether we make money or we break even, it doesn't matter, because, like I said, we want to do it anyways for the community.”

The congregation has 35 to 40 members, and the Nortons would like to see it grow. They offer a Tuesday prayer service, Wednesday Bible study and Sunday service. Everpresent’s mission is “to foster an atmosphere of genuine love, where people can encourage one another and grow in their gifts and talents.”

“We love our community,” Jason said. “We just really want our community to know we’re here, and there will be a blessing.”

For more information, go to Everpresent Church. 

Submitted photo of Pastors Jason and Michelle Norton and their daughter Camilla.

Press release:

Six Paul Harris Fellowships were awarded to members of the Batavia Rotary Club during its annual Awards Night in June.  The Paul Harris Fellow recognition acknowledges individuals who contribute, or who have contributions made in their name, of $1,000 to The Rotary Foundation and was started in 1957.  Our club contributes to the Foundation on behalf of members who exhibit outstanding service to RI and our club. 

Our 2022 recipients were introduced by the Foundation President Jay Gsell:

Jamie Mott, a member since 2015.  Jamie has filled a number of roles, most recently handling the budgeting and books as club treasurer. You can see Jamie pitching mulch at Rotary Park or flipping pancakes at the Fly-In breakfast.

Marlin Salmon, who joined Rotary in Batavia in 1981, then spent some years in the LeRoy Club, before returning to the fold in Batavia. He has been serving as our club president during the Rotary year that ended June 30.  Under Marlin's leadership, we returned to many of our traditional activities, including in-person meetings, several fundraisers that were disrupted by covid, and service projects in our community.

Laurie Mastin joined Rotary in 2003, served as our president during the club's centennial year, was secretary this year and co-chaired the very successful Corvette Raffle fundraiser.  She is a multiple PH Fellow.

Chris White, a member since 2013, Chris chairs the hardest working committee in our club:  the Flags and Flowers sale.  He also chairs the ever-vigilant Membership Committee. 

Sharon Kubiniec, who joined us in 2010. One of her first Rotary roles was as a beer wench in our production of Oliver, when our club produced annual Broadway shows as community events and fundraisers.  Since that time, she has tirelessly volunteered for many committees and projects, plus serving on the Board. 

Mike Kubiniec, who is probably the only Batavian who recruited his father to join the club.  Mike came on board in 1995, then convinced his dad, Conrad, to also become a member.  Past president, club secretary and one of Santa's elves are just a few of the roles Mike has contributed.  He and his wife, Sharon, are multiple PH Fellows.

Congrats to all recipients for their lasting contributions to our club through their boundless ideas, activities and energy.

A recent setback in an appellate court will not prevent former State Sen. George Maziarz from continuing with a lawsuit against Western Regional Off-Track Betting Corp. for what he terms “improper practices.”

Late last week, the state Supreme Court Appellate Division, Fourth Judicial Department, upheld a March 25, 2021 ruling by (then) Genesee County Supreme Court Justice Charles N. Zambito that Maziarz was not entitled to attorney’s fees and litigation costs incurred during a Freedom of Information Law proceeding to gain records from WROTB.

Responding to an email from The Batavian on Thursday, Maziarz said the judgment denying legal fees “stems from the Freedom of Information lawsuit we had to file against Western Regional Off-Track Betting a few years ago.”

“They want to operate in secrecy, but the courts forced WROTB to turn over the information we requested,” he said. ““What matters is that the information we received exposed apparent improper practices by WROTB (and) those facts laid the foundation of our recently-filed lawsuit against WROTB to recoup money spent on those practices for the citizens in the Western Region.”

In its ruling, the appeals court – citing case law -- “affirmed” Zambito’s order on the Article 78 issue, writing, “As relevant here, a court may assess reasonable attorney’s fees and other litigation costs against an agency in a FOIL proceeding where the petitioner 'has substantially prevailed, and . . . the agency failed to respond to a request or appeal within the statutory time.'”

Furthermore, the court stated that “even if the party meets those requirements, the award of attorney’s fees and litigation costs remains discretionary with the court. We agree with petitioner that respondent failed to respond to petitioner’s FOIL appeal within the statutory time and that Executive Order (A. Cuomo) No. 202.8 (9 NYCRR 8.202.8) did not toll respondent’s statutory time within which to respond.”

Nevertheless, the court concluded that the Genesee County Supreme Court “did not abuse its discretion in denying petitioner’s request for attorneys’ fees and litigation costs inasmuch as respondent’s delay was caused by the ongoing COVID-19 pandemic.”

Maziarz’s suit contends that WROTB – a public benefit company -- has, in effect, spent funds that should have gone to its 17 member municipalities by offering high-priced health insurance to its directors and improperly distributing sporting event tickets.

WROTB President Henry Wojtaszek on Thursday reiterated that the corporation’s attorneys have filed a motion to dismiss, adding that he is confident that nothing will come of Maziarz’s action.

“We prevailed at the Appellate Division, which is a telling sign that the outcome will be the same with the lawsuit,” he said.

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Previously: WROTB hires Buffalo law firm to oppose suit filed by Maziarz; Park Road traffic patterns set to change

Press release:

The Haxton Memorial Library had its Summer Reading Kick-off Carnival on Thursday, June 30th from 6:30-8:00 at Triangle Park in Oakfield.

This year’s theme is “Oceans of Possibilities” and our Carnival consisted of kiddie games, face painting, beachballs, popcorn, ocean gummy treats and the Aquarium of Niagara brought a touch tank for the children to enjoy.

“We had over 200 people attend this event, which is an amazing turnout and we know this is a great start to our Summer Reading Program”, said Kim Gibson, Library Manager for the Haxton Memorial Library. Our Summer Reading Program starts on July 5th and goes until Aug. 15th. Throughout this 6-week program our readers of all ages can participate in our programs and win prizes and more importantly read for fun!

“We love to see the excitement in our young reader’s faces when they return to the library to share how many minutes that they have read that week. “Seeing their love for reading and their joy of coming into the library, reassures us we are setting the foundation for all our future young readers and that makes all the difference in the world to us.”

Neither the outgoing nor incoming president was at Batavia City School board’s reorganizational meeting Thursday, but the remaining board members voted to put John Marucci in the role.

He was sworn in via Zoom. Marucci was the board vice president, having served three years, and had previously said that he “thoroughly enjoyed serving the students, parents and staff of the BCSD.”

Marucci, a resident of Batavia for five years with one son in the school system, is an active coach for the Batavia Bulldawgs Youth Football organization, and is head coach for the Vartsity team. He was previously head coach for the BMS modified wrestling team and helped coach Batavia Little Devils’ youth wrestling. His term ends in July of 2025, and has said that serving Batavia’s youth is a main reason for his participation on the school board. 

Marucci was not able to answer questions from The Batavian about his new title and position Thursday evening, as he is visiting family out of state. He will be available to do so on Wednesday, he said.

Former president Alice Benedict’s term is up in July 2023 after being appointed in May 2020 to fill out a vacated position. Benedict is no stranger to the Board of Education, having served from 1995 to 2006, and for three terms as president.

Two public hearings — about the Code of Conduct and hiring a second school resource officer — followed the reorganizational meeting. No one from the public spoke at the hearings, and both topics were approved later by the board.

Superintendent Jason Smith said that the Code of Conduct has received a thorough review by the school attorney “to make the code in line with current law and or current recommendations.”

“Our attorneys gave us some key updates that needed to be modified other than updated definitions for bullying, or harassment, to comply with the current Dignity For All Students Act,” Smith said. “Some modifications there, I think, we added definitions as to what is a tobacco product, what under the influence means and … illegal substances, that has been clarified as well.”

They have also revised the definition of "weapon," and when and if students would face certain consequences. Section three’s language was clarified and cleaned up, he said, to state that “students have a right to learn in a safe and supportive school environment.”

“A lot of the pieces that were in there have been removed because it's covered with the Dignity For All Students Act, and we modified some language regarding privacy and public restrooms and locker rooms, and expectations for that as well,” he said.

Section five reflects “a nice presentation in June by (BHS Principal) Paul Kesler and his students” about the dress code. Their work and attorney input focused on a gender-neutral dress code that didn’t particularly target guys or gals.

Other revisions included cyberbullying and virtual learning code of conduct, plus the addition of some legal updates to the prohibition against discrimination, harassment and or bullying. Long-term suspensions were considered, and families have the right to appeal the board on a five-day suspension.

“In the rare event that those are challenged or appealed, that clarifies that language,” Smith said. “It also clarifies long-term suspension appeals.”

Click here to view the Code of Conduct 

The school board also approved the move to hire a second resource officer for the district and a related contract with the city of Batavia.

“The proposal is to use additional COVID funding previously designated for learning … and use some of those funds. And we can gradually build a budget over time (to afford the positions when COVID funding is gone),” he said.

Given the tragedies this spring of mass shootings at a school in Texas and earlier much closer to home in Buffalo, the awareness of staff and families has been heightened of such possibilities. Smith received several emails from families and staff members regarding the district’s safety, he said.

Reigle said there’s been support for the current resource officer and now for a second one as well.

“It's nice to work in conjunction with somebody who is looking out for your safety,” Reigle said. “So we're in support of it.”

Each officer costs the district approximately $100,000 in salary and benefits, which will be paid to the city for use of two police department employees.

Photo by Chris Crocker.

Press release:

Madisonation was created to raise awareness and funds for other children and families fighting their battle against cancer. Madisonation has raised over $71,000 over the last 10 years for families and organizations. Previous recipients include: Golisanos Childrens Hospital, Ronald McDonald House, Make A Wish Foundation, Michael Napoleone Foundation and several families whose children were battling cancer.

This year we will be partnering with Joe and Meaghan Suhr to organize and provide Christmas bags and presents for Western New York children in area hospitals battling pediatric cancer. Please help us put a smile on the faces of these warriors during what’s supposed to be the happiest time of the year. Thank you for your support for such a great cause.

Please come and join us in our fight against childhood cancer and help raise funds for such a worthy cause. Please join us on August 28, 2022 for our 11th annual Madisonation "Never Give Up" Golf Tournament. The event will be held at LeRoy Country Club in LeRoy, NY. It will be a 4-man best ball tournament for $400 per team which includes, 18 holes of golf with cart, lunch, dinner, raffles, silent auction, hole contests and lots of fun, not to mention supporting a great cause.

Please contact Kevin Muckle at 585-300-7499 or Jen Moore at 585-300-8440 for more information or to register. Any donations can be mailed to Madisonation, 30 Lake St, LeRoy, NY 14482.

A farm field in Elba.  Photo by Bryan Gubb.

Jeffrey D. Hall, 38, of Batavia, is charged with sex abuse 1st (contact by forcible compulsion). Hall is accused of grabbing a Door Dash employee, forcing her to touch his intimate parts, at 11:48 p.m., May 24, at a location on Ross Street, Batavia.  Hall was arraigned in City Court and released on his own recognizance. 

Tarrell Jerry Carter, 37, of Raines Park, Rochester, is charged with strangulation 2nd, endangering the welfare of a child, and assault 3rd. Carter is accused of punching and choking a victim during an argument at 11:15 p.m., July 3, at a location on West Main Street, Le Roy. He was arrested by Officer Curtis Miller, arraigned in Town of Le Roy Court, and ordered held at the Genesee County Jail without bail.

Brandon Dodd, 35, of Highland Drive, Batavia, is charged wit falsifying business records 1st, criminal possession of stolen property 5th, and petit larceny. Dodd is accused of stealing merchandise from Kohl's Department Store and then selling the merchandise to Pawn King, falsifying a bill of sale attesting to ownership of the property. Dodd was issued an appearance ticket. The case was investigated by Investigator Erik Andre and Deputy Nicholas Chamoun.

Tonja Marie Stephens, 54, of Prole Road, Stafford, is charged with violation of a court order. Stephens is accused of violating a stay-away order of protection at 9 a.m., June 29, at a location on Prole Road, Stafford. She was arraigned in Town of Stafford Court and released on her own recognizance.

Joseph Michael Morelli, 53, Orchard Street, Oakfield, is charged with endangering the welfare of a child.  Morelli is accused of striking a child in the face at 7:43 p.m., June 26, at a location on Orchard Street, Oakfield. He was ordered to appear in court on July 22.

Dennis James Jenks, 23, of West Albion Street, Holley, is charged with obstructing governmental administration 2nd. Jenks is accused of physically and verbally impeding an investigation into a DWI at 11:34 p.m., June 30, on Byron Holly Road, Byron. He was arrested by Deputy David Moore and released on an appearance ticket.

Elizabeth Emily Ahl, 28, of Park Meadow Road, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, speeding not reasonable and prudent, moving from lane unsafely. Ahl was arrested by Deputy David Moore following an investigation into a motor vehicle accident reported at 3:42 a.m., July 2, at mile marker 3.4 on the I-490 in Bergen. She was issued an appearance ticket.

Cordero Leon Royes, 35, of Maple Street, Batavia, is charged with DWI. Royes is suspected of driving at speeds in excess of 120 mph on Route 33 through the Village of Corfu and Town of Pembroke at 9:58 p.m., July 5. She was arrested by Deputy Nicholas Chmoun and Sgt. Kyle Krzemien and released on an appearance ticket.

Adam N. Hume, 38, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Hume was stopped by a Batavia patrol officer at 12:15 a.m., June 24, on West Main Street, Batavia.  He was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with criminal contempt 2nd.  Jackson is accused of violating an order of protection at 8:58 p.m., June 29, at a location on East Main Street, Batavia. She was issued an appearance ticket.

Andrew J. Draper, 43, of Batavia, is charged with criminal contempt 2nd. Draper was allegedly with a person covered by an order of protection at 10 a.m., June 25, when Batavia PD made contact with him at a location on East Main Street on an unrelated matter.  He was issued an appearance ticket. 

Andrew J. Draper, 43, of Batavia, is charged with petit larceny. Draper is accused of stealing two rings from another person and selling them without permission on June 23. He was issued an appearance ticket.

Tammy M. Ace, 47, of Batavia, is charged with criminal mischief 4th. Ace is accused of dumping bleach on another person's belongings at 11:26 a.m., June 15, at a location on Holland Avenue, Batavia. She was issued an appearance ticket.

Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater.  Williams was stopped by a Batavia patrol officer at 8:19 p.m., June 17, at a location on East Main Street, after a complaint from a local business that Williams might be driving drunk. Williams was issued an appearance ticket.

Brian J. Ferguson, 35, of Batavia, is charged with DWI, failure to signal lane change, consumption of alcohol in a motor vehicle, inadequate headlights, and insufficient tail lamps. Ferguson was stopped by Officer Freeman at 12:13 a.m., June 11, on East Main Street.  Ferguson was released on an appearance ticket.

Oraid M. Blackshear-Edwards, 38, of Batavia, is charged with criminal trespass 2nd. Blackshear-Edwards was allegedly found sleeping inside a residence in South Main Street at 7:58 a.m., June 19, that was not his own. He was issued an appearance ticket.

Matthew D. Derrick, 37, of Batavia, is charged with criminal contempt 2nd. Derrick is accused of violating an order of protection by contacting another person on social media. at 4:28 p.m., June 17. He was issued an appearance ticket.

Julie L. Dutton, 27, of Le Roy, is charged with petit larceny. Dutton is accused of stealing two alcoholic beverages from a local grocery store on Ellicott Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 41, of Batavia, is accused of failure to appear on a bench warrant. Caplis was arrested on a warrant stemming from an incident on Nov. 4.

Jarrod K. Fotiathis, 27, of Lake Street, Le Roy, is charged with criminal mischief 3rd. Fotiathis is accused of kicking in a door, and damaging the door and frame, at 4:34 a.m., June 27, at a location on Lake Street, Le Roy. He was arraigned in Town of Le Roy Court, issued an order of protection, and released until his next court appearance on July 21.

Ronald J. Maxwell, 53, of Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Maxwell was stopped by State Police in the Town of Le Roy at 4:12 p.m., July 3. He was issued an appearance ticket.

State Police have identified the man killed in yesterday's motorcycle crash in Bethany as Nicholas Keiffer, 26, of Medina.

Troopers have released no further information about the crash.

According to statements by officials at the scene yesterday at Route 63 and Fargo Road, the motorcycle driver was on a "crotch rocket" and was observed speeding by a Genesee County deputy sheriff on Route 5, heading west. 

The officer attempted a traffic stop, Chief Deputy Joseph Graff said, but the rider failed to yield to an emergency vehicle. The pursuit continued to southbound Route 63, where the deputy lost sight of the bike and broke off his pursuit. 

The deputy continued southbound and within minutes spotted evidence of a crash and found the motorcycle behind a hedge row in a farm field off the east side of Fargo Road.

At the scene, tire ruts were clearly visible in the grass where the motorcycle left the roadway of Route 63 on the south shoulder and according to a statement by one of the investigators, likely went airborne when the bike hit the asphalt of Fargo Road.

According to scanner traffic during the incident, a deputy attempted CPR at the scene.  Keiffer was pronounced dead at the crash site.

Because the incident involved a deputy, the crash investigation was turned over to State Police.

Previously: Fatal motorcycle accident reported on Route 63 at Fargo Road

UPDATE:  Statement from Batavia PD: "Tyler Gulisano has been located. The Batavia Police Department would like to thank everyone who provided assistance."

Tyler Gulisano of Batavia is missing and was last seen on July 6 in the early morning hours after leaving the Sisters of Charity Hospital in Buffalo.

A family member received a call from him at about 12:45 p.m. while he was at Seneca Texas Red Hots in Buffalo.

He may have been in an altered mental state, so there is concern for his well-being.

Anyone with information regarding this investigation is asked to contact Officer Josh Girvin or the on-duty supervisor at the Batavia Police Department, without delay, at (585) 345-6350.

Niagara Power unleashed seven runs in the top of the second inning Wednesday evening to establish a lead that would be tough for the Batavia Muckdogs to overcome.

In the third inning the Dogs scored two runs, Levis Agulia drove home Caleb Rodriguez with an RBI double and Tyler Cannoe drove Aguila home with a shot to left.  

Bottom of the fourth, Jerry Reinhart and Gavin Schrader each scored on an error by the catcher, which cut the Niagara lead to 3.  Another run scored by Brian Fry inched Batavia to its closest margin of the game, down by two, with Niagara leading 7-5.

in the top of the ninth, Niagara pulled the plug on Batavia, scoring four more runs and held on for a 11-5 win.

Elementary school teacher Kristina Clark was honored by throwing out the first pitch and for being nominated for "Teacher of the Game."

Muckdogs travel away to Oneonta for a double header starting at 5 p.m. Thursday, then back home Friday night against Geneva at 7 p.m.

Photos by Steve Ognibene.

City and Town of Batavia and Genesee County officials have joined forces to oppose a request for water that could potentially affect the flow for area residents.

The three municipalities called upon environmental analyst Guillermo Saar of the state Department of Conservation to consider the burden a request --  to draw 715,600 gallons a day — would put on Batavia and Genesee County if granted. Seneca Power Partners, a company at 163 Cedar St., Batavia, with an unpaid debt of more than $1.5 million in back taxes, made the request through a permit application to DEC’s Division of Environmental Permits.

“The major users of the Well Field (Genesee County, Town of Batavia, and City of Batavia) oppose this application and seek to help Seneca Power Partners find an alternative means to access untreated water for their operations. The aquifer directly feeds the Batavia Water Treatment Plant (owned by Genesee County, and operated by the City of Batavia) as a major source of drinking water,” the letter stated. “While the Tonawanda Creek also contributes as a source of drinking water, the quality and turbidity of the Creek make it a much less desirable source. Any excess extraction of water from the aquifer will force the Batavia Water Treatment Plant to rely more heavily on the Creek, and that will, in turn, increase the cost of municipal water treatment and decrease sustainability.”

City Manager Rachael Tabelski was not given any advance warning about the request from Seneca Power Partners, she said.

“This application to tap into the aquifer was a surprise, and there was no previous conversation with the City about utilizing Well D,” she said to The Batavian Wednesday evening. “As the letter, you received stated, the aquifer is a protected natural resource that provides water to many residents and businesses and needs to be scrutinized at the highest levels for the best outcome for all parties.”

According to a letter sent by the three municipalities, the amount requested, 715,600 gallons per day is 75 times more water usage than the current average of 9,513 GPD. This will “burden the aquifer's ability to supply the Batavia Water Treatment Plant,” the letter states.

“The aquifer has seen historic low levels of source water in the last decade, a pattern that has not reversed itself,” it states.

Other supporting reasons for opposition is that Genesee County has issued water conservation notices to residents two years in a row, in June 2021 and again in July of this year. The notices warned that “the water level in the aquifer that feeds the City of Batavia Water Treatment Plant is approaching historic lows,” and “the deeper the water is below ground level the more inefficient the well pumps are..” It was the third consecutive year the county asked residents for a voluntary water restriction.

The City of Batavia Water Treatment Plant provides nearly 50 percent of the county's water needs. . Without an adequate source to supply the residential, agriculture, commercial and industrial users, they face the potential for water shortages, inadequate flows for fire suppression, and a risk of hydrological issues, the letter states. 

“In an emergency, if the county were to bring in water from other outside sources there would be an unknown hydrologic mix that could severely impact residents that have lead and galvanized pipes,” it states. “This could lead to a serious social injustice for the most economically disadvantaged citizens.” 

In the letter, it states that while the applicant claims that “they are operating in a socially responsible manner, their past activities indicate otherwise.” The company faced termination notices for water service in 2020 and 2021 for failure to pay its water bills, and is currently on the path to foreclosure of its plant and pipeline for failure to pay real property taxes since 2017. As of June 15 of this year, that tab is now at $1,528,402.32.

“How can we trust a company who blatantly ignores its water and tax bills with the responsibility to draw water from a protected aquifer?” the municipality leaders asked.

A final consideration is that Seneca Power Partners “has failed to consider other sources of water that would be more resilient and responsible." For example, O-AT-KA Milk Products, less than 100 yards away from the property line, discharges 1.0 mm gallons/day of non-contact water through its permit discharge and is “willing to entertain a discussion about rerouting a portion of this water to Seneca Power Partners.” As this is non-contact cooling water, it might be a suitable and more sustainable option to pursue, the letter stated.

“Therefore, and in light of the objections outlined above, we oppose the permit application to the DEC and ask that the DEC act in a manner to protect the aquifer and Batavia Water Treatment Plant,” it stated. 

The letter, signed by Tabelski, Genesee County Manager Matt Landers and Batavia Town Supervisor Gregory Post, was complemented by another letter sent by Genesee County Legislature and signed by Chairwoman Rochelle Stein.

Genesee County leaders are opposing the request due to a troubling trend of a declining water table; the misrepresentation by SPP of how the request would actually affect the city, town and county residents; and a request that is significantly higher than the historic daily average water use by SPP.

“Due to these three reasons listed above, Genesee County is strongly opposed to Seneca Power Partners’ direct well water withdrawal permit application,” Stein said. “We hope NYSDEC staff understands our position and puts the needs of an entire county above the interests of a private company.”

Press releases about this matter were sent out by the city and county around 4:15 p.m. and 5 p.m. Wednesday, respectively. Questions emailed to Landers and Stein were not answered Wednesday evening. Tabelski said that she would discuss some of the questions with the city attorney and also referred the matter to DEC. Emailed questions to DEC Regional 8 Director Tim Walsh were not answered as of Wednesday night.

See related article about the permit process for DEC.

The Batavian asked Genesee County and City of Batavia officials about the process required for Seneca Power Partners' request to draw 715,600 gallons of water per day from the city/county water system. More specifically, The Batavian wanted to know if there would have to be public hearings about this request, as it seems, according to responses from the city, county and Town of Batavia, that such a draw could severely affect local residents.

City Manager Rachael Tabelski referred us to the Department of Environmental Conservation for those specifics. 

According to DEC’s website, the following are steps to be taken for permit applications:

Step 1: Submit an Application

General Requirements for Applications

A complete application includes a properly completed department application form, location map, project plans, supplemental information required by 6 NYCRR Part 621 (leaves DEC website), Uniform Procedures Regulations and the specific program implementing regulations pertaining to the specific permit(s) sought for the project.

If a project requires more than one DEC permit, the applicant must submit all applications forms and information simultaneously.

If variances from permit standards are sought and provided for by the specific regulatory program in their regulations, the application must include a request and statement of justification for such variances.

Other application requirements include an environmental assessment in accordance with the State Environmental Quality Review Act (SEQR), and a cultural resources assessment in accordance with the State Historic Preservation Act (SHPA).

Application Assistance

Contact your DEC regional Permits office with questions about completing the application form and other required information for your application.

Keep plans flexible until DEC staff review your proposal and comment on its conformance with permit standards. Be willing to adjust your project. On occasion, minor changes in layout can avoid disagreements and delays and, in some cases, eliminate the need for a permit.

Applicants proposing complex, multi-residential, commercial or industrial projects are strongly encouraged to schedule a pre-application conference. This meeting with DEC allows the applicant to clarify project objectives and obtain DEC's recommendations. Such feedback can improve the project environmentally and shorten the application procedure.

Submitting Your Application to DEC

Applications are to be submitted to the Regional Permit Administrator. Applications may be submitted by mail, private carrier, or in person.

DEC encourages applicants to submit applications and supporting information electronically, and to submit paper copies as soon as possible. DEC is not yet able to accept electronic only application submissions except in limited circumstances. Contact your DEC regional Permits office for additional information on electronic submissions.

Step 2: Application Review

The Department must inform you of whether your application is complete according to the following time frames:

60 days from receipt of the application in the case of hazardous waste management facilities, certain wastewater discharges and certain air permit applications.
15 days from receipt of the application for all other permit applications.

If the application is incomplete, DEC's Notice of Incomplete Application will tell you what else is needed. When you respond, the above time frames for the DEC will again apply.

To prevent multiple information requests and reviews by DEC, prepare a thorough, accurate and fully justified application.

Step 3: Public Notice

The Uniform Procedures Act recognizes major projects and minor projects for each permit type.

If your project is major, then the project is subject to public review, as follows:

A Notice of Complete Application is published by the Department in the Environmental Notice Bulletin (ENB). You must also publish this notice in a local newspaper.
The Notice of Complete Application sets a public comment period. This is usually either 15-, 30- or 45-day period after the date the Notice is published, depending on the permit type requested.
Based on any comments received and on staff's review of the project against permitting standards, DEC decides whether to hold a public hearing. For more information, refer to the Guide for Public Hearings.

Minor projects do not usually require a public notice.

Step 4: Final Decision

The Uniform Procedures Act requires DEC to make its final decision in the following time frames:

Minor Projects:
DEC must make a permit decision on minor projects within 45 days of determining the application complete.

Major Projects:

If no hearing is held, DEC makes its final decision on the application within 90 days of its determination that the application is complete.
If a hearing is held, DEC notifies the applicant and the public of a hearing within 60 days of the completeness determination. The hearing must commence within 90 days of the completeness determination. Once the hearing ends, DEC must issue a final decision on the application within 60 days after receiving the final hearing records.

The Regional Permit Administrator normally issues permits for projects not requiring a public hearing.

Generally, the Commissioner makes the decision if DEC holds a public hearing.

An email sent to DEC Region 8 Director Tim Walsh Wednesday evening was not immediately answered.

A motorcycle accident with injuries is reported at Route 63 and Fargo Road, Bethany.

The accident seems to have occurred moments after a deputy reported losing sight of a "crotch-rocket" that he had been pursuing. The deputy reported backing off the pursuit before the accident was discovered.

UPDATE 7:03 p.m.: Bethany Fire and Mercy EMS dispatched.  Mercy Flight is on ground standby.

UPDATE 8:40 p.m.: Chief Deputy Joseph Graff confirmed that the motorcycle rider died at the scene. A deputy had spotted a motorcycle speeding westbound on Route 5, and attempted a traffic stop. The motorcyclist failed to yield to emergency lights. The deputy continued to follow the speeding bike southbound on Route 63 and lost sight of it shortly after. He discontinued the pursuit. A short time later, while continuing southbound, he came upon the accident scene.

Based on observations at the scene, the motorcycle left the roadway of Route 63 at Fargo Road, digging ruts in the grass before hitting the asphalt of Fargo Road, and becoming airborne. The motorcycle came to rest behind a hedge row in a field on the east side of Fargo Road. According to scanner reports, CPR was attempted. The accident scene investigation is being turned over to State Police.

Photo by Howard Owens.