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Hawley issues statement on Tax Freedom Day

By Howard B. Owens

Press release:

“New York’s taxes and spending have reached monumental proportions. It is a shameful reflection of the policies pushed by New York City elites and state leaders that our families must work over four months a year to pay off their collective tax burden.

We have some of the highest property taxes in the country right here in our state, and it is abundantly clear that many businesses and families would rather uproot and relocate to more tax-friendly states than remain in New York.

We need to cut business and income taxes to incentivize families to remain in our state and reinvest in our citizens rather than spending money on programs for illegal immigrants and Hollywood movie producers.”

City Council rejects rezoning request that would have brought housing for disabled to Batavia

By Howard B. Owens

Three pieces of property snug in the middle of other housing and commercial parcels should remain, at least for the time being, available for industrial use, the City Council decided Monday night on a 3-6 vote.

The decision ends, perhaps permanently, a bid by DePaul Properties to build an 80-unit apartment complex at 661, 665 and 679 E. Main St., Batavia, that would have provided housing for people with disabilities, elderly residents lacking mobility, and veterans with special needs.

Developer Mark Fuller didn't rule out trying to build the complex sometime in the future -- the property is likely to be rezoned as part of the city's revision of its comprehensive plan -- but he sounded a sour note as he discussed the council's rejection of the rezoning resolution, and hence, his project.

"I really don’t want to go into communities where we’re not well received," Fulle said. "There’s yet to be a community that hasn’t wanted us to come in. If the community is still against it if it’s zoned differently, I just don’t know that I want to put energy into a community that is not behind it."

Fuller is a Genesee County resident and said he was baffled by the community's response to the project proposal, which would have represented a $25 million local investment by DePaul and increased the current tax revenue for the city four times over the current tax revenue, plus generated significant revenue for sewer and water hookups.

The PILOT (Payment in Lieu of Taxes) agreement DePaul Properties was willing to enter into for the project would have actually obligated DePaul to pay more in taxes than otherwise required for a nonprofit under Property & Tax Law section 581(a).

In other communities where Fuller has overseen the development of DePaul projects there has been nothing but positive feedback he said, including West Seneca, which he said saw an increase in property values around the DePaul project there.

"We had a press conference in Rome this morning where 80 people showed up thanking us for coming and every single City Council member came up and thanked me for developing there," Fuller said. "We have a lot of projects across the state. We get calls all the time, so I think I’m going to put my energy into communities that want the redevelopment and investment."

The housing is needed in Batavia, Fuller said, because currently the people who might live in the complex are stuck in substandard housing for their needs or unable to live independently because of the lack of adequate housing for their needs. The market for this housing is very different from standard rentals, he said, and wouldn't be competition for existing landlords.

Fuller's comments came after a lengthy City Council session that included public comments both for and against the project and remarks from council members who both supported and opposed letting DePaul build on the property.

The nay votes came from Bob Bialkowski, Paul Viele, Kathy Briggs, Al McGinnis, John Canale, and Council President Eugene Jankowski.

Many of the DePaul supporters were clients of DePaul or otherwise associated with the organization.

Quentin Call said that DePaul has been an asset to every community where it has built a project and that even though it's a nonprofit, through a special Payment In Lieu of Taxes arrangement, DePaul will increase funding for the city over the property's present commercial use. 

"I’m not sure if any industrial uses have been proposed for the property, however in regards to the PILOT program, any industrial facility that might come in would be seeking that designation as well," Call noted.

Pastor Marty Macdonald, from City Church, and himself a local landlord, said he believes, based on his experience as a landlord and pastor of a large church, that the community needs the additional handicapped accessible housing from DePaul.

"I’m going at this from a humanitarian position, but business side as well, that there is a need for housing and there is going to be a greater need for housing," Macdonald said. "Batavia will not stay the same as it is. There are too many great things going on. I’m thankful for that and I hope you are, too."

Batavia resident John Roach was among the speakers casting doubts on the need for more apartments in Batavia. He said including DePaul, there are an additional 180 to 190 apartment units currently on the drawing board for Batavia.

"You’re already going to have one 100 new apartments in areas that are already zoned for it," Roach said. "We don’t need these 80 rooms."

George Gallegher said something industrial or commercial should go on the property, not apartments run by a nonprofit.

"This isn’t the best use of our land resources that are capable of generating tax income," Gallegher said. "Now they want to add two more tax exempt PILOT programs again right on Main Street. The people that I talk to who are well versed in where properties should be and how they should be used, they said that’s not very smart."

John Gerace argued the property should remain zoned industrial.

"The City Manager apparently must be clairvoyant to say that there will never be any development on that property that is industrial," Gerace said. "Who knew what happened in the city years and years ago --- what’s going to happen down the road a year from now, two years from now, and what that property could be used for and on the tax record."

DePaul, he said, like anybody else, was just looking to make money.

"DePaul is going to receive dollar for dollar tax credits," Gerace said. "That’s $25 million in tax credits. Why do they want to build this? Because there’s money in it. And yes, will it serve a purpose for our community, absolutely, and I’m all for helping our seniors, our veterans, our needy folks. This is not the project for it, unfortunately, and it should not be here in Batavia. I don’t know why it’s not in Le Roy."

It's not clear where Gerace is getting the $25 million tax credit figure. There's no public document available to support the assertion. Also, there already is a DePaul project being considered for Le Roy.

When it came time for council members to address the issue, Councilwoman Patti Pacino spoke up first and said as somebody about to turn 70, her need for a place to live such as DePaul is only about a decade away. She said her and her husband, a disabled veteran, will want a place with the ease-of-access the DePaul project was offering and that currently there isn't an adequate supply of such housing in Batavia.

"You know what, I don’t want to live in Le Roy," Pacino said. "I don’t want to live in Stafford. I don’t want to live in the Town of Batavia. I want to live in the city I grew up in and I helped make better in any number of ways, working with children, church organizations, City Council.

"There are lovely apartments here if you happen to be a young person," she added, "but guess what guys, all the sudden you look in the mirror and you’re looking at your mother’s face and her hand is coming out your sleeve."

She said she favored tabling the resolution until the city completes its comprehensive plan and the county completes its housing study so the council could make a decision with more information available. The motion to table failed on a 4-5 vote.

Councilman John Canale also supported tabling the resolution, but ultimately voted against the rezone, saying it was one of the hardest decisions he's wrestled with in four-and-a-half years on council, but it was what his constituents wanted.

"I feel that at this point I just can’t support this because I know we wouldn’t be sitting here talking about rezoning if DePaul hadn’t come froward with this project," Canale said.

Councilman Adam Tabelski spoke at length about the rezoning issue, arguing that dropping the industrial zone designation was the only reasonable approach the council could take.

"That (industrial zoning) is very difficult to justify in my opinion when nobody is out marketing it as such," Tabelski said. "The fact is, industrial development has not had a history at all at that site. In fact, as Councilman (Bob) Bialkowski mentioned, its history has been residential and commercial. If we are waiting for some factory to be built on this location, we’re waiting for a ship that is never going to come in."

Tabeliski noted that nearly every property to the east of the three parcels is currently residential and all the properties to the west are commercial.

"Across the street, you have an ice cream shop, a gas station, a car wash and an auto parts store," Tabelski said. "It makes no sense to me how a C2 designation is somehow out of character with that immediate neighborhood."

He said keeping the property zoned industrial is just inviting something out of character, that will upset area residents, to be built on the property. The council should listen to the city's own planning board, which recommended rezoning, and the County Planning Board, which also supported the rezoning.

"These are the experts who are supposed to guide us on land use, both in the short term and the long term, and to ignore their expertise and experience does them and us a big disservice," Tabelski said. "We have a reputable developer knocking on our door willing to invest $25 million in our community and our goal is to create opportunities for our residents. I think we need to welcome it."

Batavia Area Jaycees to host premiere 'Tap Batavia' on June 10, tickets $35 in advance

By Billie Owens
The premiere of the Batavia Area Jaycees' Tap Batavia will take place from 4 to 9 p.m. on Saturday, June 10.
 
This is a roving fundraiser and a portion of proceeds from this event will be donated to Genesee Cancer Assistance to support local residents battling cancer.
 
Participants pay $35 in advance to get a Tap Batavia T-shirt -- which you must wear to participate -- and tickets for one beer at each of the following locations, valid only between 4 and 9 p.m. on the day of the event:
  • Bourbon & Burger Co.
  • Center Street Smoke House
  • City Slickers Bar & Grill
  • O'Lacy's Irish Pub
  • T.F. Brown's

Plus, pizza and wings, courtesy of T.F. Brown’s, served at T.F. Brown's between 8 and 9 p.m. June 10 only.

*Must be 21 or older to attend this event. *Event T-shirt MUST be worn to redeem beer tickets. *Please Drink Responsibly. *NO REFUNDS.

For tickets, please contact:

Mark Ditzel @ 585-409-7708

Jennifer Shaffer @ 585-409-9980

Got metal junk? Volunteers for Animals want it on the first weekend of June

By Billie Owens

Press release:

Come out and support the animals of the Genesee County Animal Shelter. Volunteers for Animals are collecting scrap metal to raise money for the animals one weekend only -- on Saturday, June 3rd and Sunday, June 4th from 11 a.m. to 3 p.m. at the Shelter parking lot, 3841 W. Main Street Road, Batavia.

Metal of any almost kind will be accepted this first weekend in June only: railings, doors, garbage cans, file cabinets, bicycle frames, gutters, pipes, poles, fencing, window frames, lawn furniture, tools, shelving, washing machines, dryers, stoves, wheel barrows, wagons, etc.

But they CANNOT take propane tanks, A/C units, or refrigerators!

Scrap service provided by Ed Arnold EAS Scrap Processors, of Corfu.

All proceeds benefit local shelter animals.

Law and Order: Covington resident accused of dealing cocaine in two counties

By Howard B. Owens
Jeffery Brodsky

Jeffery M. Brodsky, 45, of Morrow Road, Hilltop Acres, Covington, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Brodsky is accused of providing cocaine in both Genesee and Wyoming counties. He is accused of selling cocaine to an agent of the Local Drug Task Force in Genesee County on two occasions. He was jailed pending a bail review.

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, was arrested on a warrant while being held in the Genesee County Jail on unrelated charges.

Devon D. Rogers, 30, of Pearl Street, Batavia, is charged with harassment, 2nd. Rogers was allegedly involved in an incident reported at 1:50 a.m., May 2, on Pearl Street, Batavia.

Amanda L. Dixon, 31, of Oak Orchard Road, Albion, was arrested on a warrant for alleged failure to appear. Dixon allegedly failed to appear in City Court on a traffic violation. She was arrested by Medina PD and turned over to Batavia PD. Dixon posted $500 bail and was released.

Kimberly M. Douglas, 35, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas allegedly failed to appear for a previous court date.

Michael Adam Jude Salter, 36, of North Service Road, Beamsville, Ontario, Canada, is charged with petit larceny and harassment, 2nd. Salter was allegedly involved in a domestic incident at 2:19 a.m. on May 1.

Garrett A. Jurewicz, 19, of Crittenden Road, Akron, is charged with DWI, driving while ability impaired by drugs, criminal possession of a controlled substance, unlawful possession of marijuana, and driving left of pavement marketings. Jurewicz was stopped at 2:30 a.m. on West Main Street Road, Batavia, by Deputy Howard Wilson.

Jacob Anthony Hazzard, 22, of Hudson Avenue, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unauthorized stickers on rear window, insufficient tail lamps, and unlicensed operator. Hazzard was stopped at 9:59 p.m. Saturday on Drake Street, Oakfield, by Deputy Micheal Lute.

Brett Nelson Magoffin, 41, of Genesee Street, Pembroke, is charged with assault, 3rd. Magoffin is accused of assaulting another person during a dispute at 5:01 p.m., Thursday.

Michael Evan Wilson, 23, of Macedon Center Road, Palmyra, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, speeding, and unregistered motor vehicle. Wilson was stopped at 3:06 a.m. Friday on Lake Street Road, Le Roy, by Deputy Ryan Young.

A 17-year-old resident of Telephone Road, Pavilion, is charged with unlawful possession of marijuana. The youth was charged following an investigation into a reported suspicious condition in the parking lot of Alexander Deli in the Village of Alexander by Deputy Eric Meyer.

Linda Eileen Grimes, 52, of Transit Road, Elba, is charged with endangering the welfare of a child and unlawful imprisonment, 2nd. Grimes is accused of physically preventing a 13-year-old from leaving a room in a residence in Byron and of allegedly touching the youth inappropriately.

Darrel T. Wilder, 29, of Bates Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to notify DMV of address change, drinking alcohol in a motor vehicle on a highway. Wilder was stopped at 11:45 p.m. April 29 on Route 33, Stafford, by Deputy Kyle Krzemien.

Developer of new DePaul project may ask council to table tonight's vote on rezoning

By Howard B. Owens

The developer of an apartment complex intended to provide an increase in affordable housing for people with disabilities, especially seniors with disabilities, in Batavia, said this afternoon that he intends to ask the City Council to table a resolution tonight that would rezone the land needed for the apartments.

Mark Fuller, a Genesee County resident, intends to build more than 80 units in a complex at 661, 665 and 679 E. Main St., Batavia.

"We're actually going to ask them to table the vote tonight until a housing study comes out in the middle of the year that I think very much supports the need for this type of housing," Fuller said. "That (the study) was brought up by a couple of council members, so we at least want to give them a chance to read the study before taking the vote."

The lots are currently zoned industrial and in order for the project to go forward, the council would need to rezone it to C2, a commercial designation that would allow apartments.

The lots are a former state police barracks and are surrounded by mostly residential and commercial property.

Two weeks ago, the council voted by a narrow 5-4 margin to move the resolution for rezoning to tonight's business meeting.

"In all the projects that we've done, we've had nothing but great support," Fuller said. "I'm just surprised there's been some pushback from City Council."

Fuller is currently working on 18 similar projects around the region for DePaul Properties, he said.

He said he thinks there is community support for building the apartments and that there is an unmet need in the community for this type of affordable housing oriented toward people with disabilities, seniors with disabilities, and veterans.

"We've had nothing but terrific support from everyone I've talk to about this," Fuller said.

He said once completed, even with a PILOT agreement in place, property taxes generated by these apartments would still be four times more revenue for the city and school district than the revenue currently generated by the existing use. Plus, the development would pay a substantial bill for municipal sewer and water.

The City Council meets at 7 p.m.

Interview conducted by The Batavian's news partner, WBTA.

Batavia to host regional plastic scale model show May 19 & 20

By Howard B. Owens

Press release:

NOREASTCON 46, a scale model show and contest, will take place on Friday, May 19th and Saturday, May 20th at the Quality Inn, 8250 Park Road in Batavia. NOREASTCON 46 will be cohosted by the "Buffcon Boys" of Buffalo and the "Roc City Scale Modelers" of Rochester -- both chapters of the International Plastic Modelers Society (IPMS).

This amazing display of scale models will include aircraft, military vehicles, automobiles, ships, fantasy figures, space vehicles, junior categories, dioramas and more. NOREASTCON is held each year in a different Northeast location. The event features the best of the best modelers from as far away as Maine, Virginia and Eastern Canada.

"From past history to modern day to future visions, the models on display will be of interest to those of all ages. The attention to detail, the delicate workmanship and the over 80 different categories provide a unique and miniature look at the world around us," said event spokesperson Armand Miale.

A variety of hobby supply vendors will be on hand and there will also be an awesome raffle of hobby kits, books and supplies scheduled to take place. Demonstrations and seminars on building better models are scheduled for Saturday. For those who choose to enter models, the $20 fee is for unlimited entries. Awards will be presented. General admission is $10 per person and is good for both days.

For more information on NOREASTCON 46, visit www.noreastcon.com

Community members invited to participate in Memorial Day Parade

By Howard B. Owens

Press release:

This is an open invitation to all members of the community to participate in this year’s Batavia Memorial Day parade on Memorial Day Monday, May 29th.

The City of Batavia is sponsoring the parade and we are looking forward to another great turnout. The parade will kick off at 9:45 a.m. from the Eastown Plaza and end at the Alva Place parking lot. People can then go to the Veterans Memorial Service at the Memorial site across the street at the Jerome Center.

Any veterans wishing to participate in the parade can just show up at 9:15 a.m. Any veterans needing a ride in the parade, please contact Bob Bialkowski at (585) 409-3624. Any groups wishing to participate please let us know as all are welcome. Please keep the theme of respect to all our veteran and first responders.

Let’s show our support to our veterans and first responders.

Ranzenhofer bill to speed up ride sharing in WNY picks up Senate supporters

By Howard B. Owens

Press release:

Senator Michael H. Ranzenhofer (R, C, I – Amherst) has announced today that his legislation (S5814) to quicken access to ride-sharing services for Western New York has secured a sponsor in the State Assembly.

The legislation has also garnered bipartisan support from 12 senators, representing regions all across the state, as cosponsors after being written just one week ago.

“The momentum is building to get ride-sharing services up and running in Western New York for the Fourth of July holiday weekend,” Ranzenhofer said. “The legislation is one step closer to a reality with Assemblyman Cahill’s leadership in the State Assembly. I look forward to working with him to get this bill passed by both houses of the State Legislature.”

Assemblyman Kevin Cahill (D – Ulster, Dutchess) has introduced the bill (A7624) in the State Assembly. 

“With full legislative recognition of the unique business model of the ride-hailing industry, it makes sense to move up the authorization a few days to allow for the services to kick off before the 4th of July holiday. I will work to fast track this legislation through the Assembly and I am sure Senator Ranzenhofer will do the same in the Senate. It will then be up to the TNC's to bring their product to market all over Upstate New York,” Cahill said.

The bill amends the effective date for the ride-sharing legislation, Part AAA of Chapter 59 of the laws of 2017 approved as part of the recent state budget, from 90 to 80 days. If enacted, transportation network companies would be available as soon as June 29th. Under existing law, it would not be available until July 9th. 

Senator Ranzenhofer noted that transportation network companies will help to further public safety.

“Every year, we read about accidents and deaths caused by motorists who should not be driving during this holiday weekend. As families and residents celebrate the founding of our nation by watching fireworks all across the region, it is so important for our roads to be as safe as possible. One more safe, reliable transportation option will help to prevent injuries and save lives,” Ranzenhofer said.

Sponsored Post: Helping people in need, DePaul Batavia Square Apartments

By Lisa Ace

Helping People in Need -- DePaul Batavia Square Apartments
DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants.

The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of townhomes placed in half-circles around a central green space. The newest developments in solar technology would be utilized and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each townhome. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underutilized parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

Photos: Firefighters attempt to rescue ducklings from storm drain

By Howard B. Owens

An animal control officer and Town of Batavia volunteer firefighters attempted this morning to rescue three ducklings that fell into a storm drain at Main and Lewiston by House O' Laundry.

The duckling's mother left the area after a passerby tried to keep her and her six other ducklings out of the roadway, so duck calls from smartphones were used to try and lure the ducklings out of the storm drain pipes and to the open grate. They simply wouldn't come out of the pipe, even after attempts to create noises at the drain east of their location.

Their best hope now is to find their way to an opening that drains into the Tonawanda Creek.

Photos: Sixth Annual Derby Day at Terry Hills

By Howard B. Owens

The Michael Napoleone Memorial Foundation celebrated the running of the Kentucky Derby again today with its Sixth Annual Derby Day at Terry Hills. The even also marked the 10th anniversary of the creation of the foundation, which honors the son of Mark and Laurie Napoleone, who died of Burkitts Lymphoma/Leukemia at age 8. The foundation raises money to fund pediatric cancer research, treatment and to help families with children in cancer treatment.

To purchase prints, click here.

On Women's Build Day, Habitat working to turn a house into a home while trying to find the right family to move in

By Howard B. Owens

Diane Winters cuts a board for the new front porch going onto the front of 1299 Bloomingdale Road, Basom, as part of a restoration effort on the latest project home for Genesee County Habitat for Humanity.

It was Women's Build Day.

The thing about this house, originally built in 1900, is that a future owner has not yet been selected. Habitat for Humanity is still accepting applicants.

"This was a house outside our normal rehab area so we're excited about expanding our service area to families," said Lauren Casey, president of the board. "It’s been a little bit of a struggle for us, as it turns out, to find a family. We’re still searching for a family, but that was the opportunity we wanted to seize."

Casey said for the right family, the three-bedroom, 1,648-square-foot house on a half-acre lot, is going to be a beautiful home. But that family isn't likely to come from the area of Habitat's normal reach, which is Batavia.

"I think it’s going to be tough for a family where we normally communicate with our families in Batavia to have them relocate, especially if they have kids to have them come out to this area," Casey said. "I think somebody in the Oakfield-Alabama School District is going to be our best bet for a family."

The family will need to put in 500 hours of "sweat equity" into the home, plus meet other financial qualifications (there is both a minimum and maximum level of income -- for more information, click here).

"I think it’s going to be a beautiful house. I think it’s just a matter of finding the right family," Casey said.

Photos: Funeral for Marty Phelps

By Destin Danser

Marty C. Phelps was lain to rest today in Batavia with military and fire department honors. Phelps served 25 years with the City of Batavia Fire Department and was a strong advocate for fire prevention. He also served 50 years as a volunteer firefighter with various departments, was a veteran of the Army, and founder of the Medina Railroad Museum. Click Here to view complete obituary. 

Photos provided by Destin Danser Photography.

Sponsored Post: Kirkin of the Tartans & Chicken BBQ is Sunday May 7th

By Lisa Ace

KIRKIN OF THE TARTANS & CHICKEN BBQ is Sunday May 7th at 10:30 a.m., East Bethany Presbyterian Church, 5735 Ellicott Street Road, in their 200th Anniversary Year (1817-2017). For tickets please call  356-4906.

You are invited to participate in this special worship service commemorating the Scottish heritage of the Presbyterian Church and the Scots and Scot-Irish who settled in Western New York. The worship is for Scots and non-Scots. Then join us for the chicken BBQ following.

The Presbyterian Church of Scotland, The Kirk, which was founded by John Knox in 1560, honors its Celtic spiritual heritage bright to this country by the Rev. Francis McKemie, a Scots-Irish immigrant in 1683, he was educated in Glasgow University and a member of the presbytery of Laggan, West Ulster, Northern Ireland. He established his first church in Maryland and Presbyterianism quickly spread throughout the colonies by missionaries.

In the 20th century a Scottish pastor, who became a U.S. citizen, Rev. Peter Marshall, introduced the "Kirkin" of the Tartans to this country in 1941 with a sermon. He served as a pastor of the New York Avenue Presbyterian Church in Washington, D.C., and as Chaplain to the U.S. Senate. Kirkin of the Tartans translated from Gaelic means, blessing of the tartans and blessing of the families. Clans are identified by their tartan plaid wool fabrics, symbols of love and togetherness. The tartans help us remember our anicient heritage, past and present kith and kin, and asking God to help us and bless our future.

If you have a favorite plaid, please wear it. For more information, visit online by clicking here

Funeral procession today through Batavia for Marty Phelps

By Howard B. Owens

Former City of Batavia firefighter and a 50-year veteran of the volunteer fire service, Marty Phelps will be remembered today with a full-honors funeral procession down Main Street with a pass by the City fire station on Evans before winding up at St. Joseph's on Main Street.

The Army veteran was involved in many community organizations and was the creator, director and conductor of the Medina Railroad Museum.

A giant flag will be held aloft across Main Street at St. Joe's by City Ladder 15 and Town of Batavia Ladder 25.

The route begins at the Michael Tomaszewski funeral home, 4120 W. Main Street Road, Batavia, at 10:30 a.m., proceeds east down Main Street, onto Ellicott Street, to Evans Street, to Maple, to Jackson, to Ellicott, to Swan, to Main, to Summit.

Traffic diversions are being set up now at some locations along the route.

For the full obituary for Marty Phelps, click here.

Two new games, wicked rides, Loganberry, and more -- Darien Lake Theme Park is ready for Season 54 Saturday

By Billie Owens

If you took a game like "whack-a-mole" and merged it with a ride that goes up to 20 feet in the air, mixed in some friendly competition, the concoction would be a game known as "Strike-U-Up," which will be one of the new fun options at Darien Lake Theme Park this year.

Western New York's largest family fun zone opens for its 54th season tomorrow, May 6.

Located next to the Rolling Thunder roller coaster, Strike-U-Up straps two riders in special seats as two other people hammer away on large switches at the game's base, propelling the riders in the air. The person to make their partner reach the top first, wins.

Here's a YouTube video of the game at park in Florida:

Slapshot, the other new game, is based on ice hockey, and it's a spinoff of the National Hockey League's Accuracy Challenge.

You don't need ice skates or special clothes. Participants have a set amount of time to shoot a hockey puck at four targets within a regulation-size net. The company All Black Hockey Sticks donated Darien Lakes' supply of hockey sticks. Players can win some neat prizes, including team jerseys. 

The new indoor hockey game is located where the shooting gallery used to be next to the world-renowned Viper, the park's signature steel coaster featuring five inversions, a blackout tunnel and a 70-foot drop that is decidedly not for the squeamish. (A special 35th anniversary party is planned next month for the wicked and beloved Viper.)

Well before, or well after, an engagement on the Viper, or Rolling Thunder -- and its 73-foot high, 20-foot wide steel loop that spins riders clockwise and counterclockwise -- you might want to try one of the new noshes at the park. For example, the big salty pretzels filled with warm, gooey caramel, or a hot juicy beef sandwich from the new Beef 'n' Beer stands, which also serve craft brews.

Loganberry soda is available at some locations in the park thanks to its new beverage partner, PepsiCo., which also sells the ever-popular Mountain Dew in its product line. Loganberry is popular in Western New York, parts of Southern Ontario, Canada, and in merry olde England where it is used to flavor English trifles and the fortified dessert wine, sherry. (But it was created in California by Judge J. H. Logan, of Santa Cruz, who cleverly combined the Aughinbaugh blackberry and red Antwerp raspberry.)

Of course, there are Anchor Bar wings, pizza, and that curiously toothsome ice cream treat, Dippin' Dots.

And let's not forget about all the great music that's in store at Darien Lakes this year, its 25th concert season. To commenorate the anniversary, Darien Lake and Live Nation have teamed up to offer concertgoers at the Darien Lake Amphitheater a free admission ticket to the theme park on the day of the show. 

As General Manager Chris Thorpe says "Where else can you ride coasters all day and rock out all night with the greatest stars in the music industry?”

A total of 23 shows are scheduled, including Lady Antebellum, Goo Goo Dolls, Train, Zac Brown Band, Third Eye Blind, Nickleback, One Republic, Kings of Leon, and John Mayer.

Saturday is designated as Season Pass Holder Appreciation Day, and each season pass holder will get an additional free bring-a-friend ticket good for any day this season, as well as a Buy One, Get One Free discount on the two newest games, four free fun tickets, and a souvenir mug.

The Darien Lake Theme Park complex sits on more than 1,850 acres and features more than a hundred rides; included in the entrance fee is the Barracuda Bay water park with more than 20 water attractions and a huge wave pool. A hotel is next to it and a camp site with 2,000 camping lots and some cabins.

For more information on season passes, concerts or accommodations, visit www.DarienLake.com.

Remarks by Chris Collins and a financial transaction draw fire in national media reports

By Howard B. Owens

Yesterday, Rep. Chris Collins was quick to tout his support for legislation to change the nation's health care laws, but today, Collins was among a handful of Republican congressmen under fire after admitting they didn't read all of the language of the legislation before the rollcall vote.

"I will fully admit, Wolf, I did not," Collins told CNN's Wolf Blitzer. "But I can also assure you my staff did. We have to rely on our staff."  

According to CNN, Collins said he had several meetings with staff to discuss the plan, known as the "repeal and replace" answer to the Affordable Care Act that could change health insurance coverage for millions of Americans. He said he is "very comfortable that we have a solution to the disaster called 'Obamacare.' "

Collins reportedly went on to say, "You know, I have to rely on my staff, and I could probably tell you that I read every word, and I wouldn't be telling you the truth, nor would any other member. We rely on our staff, and we rely on our committees, and I'm comfortable that I understand this bill in its entirety, Wolf, without poring through every word."

Thousands of residents of the 27th Congressional District receive subsidized health insurance under the ACA, including more than 5,000 in Genesee County.

The legislation passed by the House yesterday, known as the American Health Care Act, would replace the subsidies, currently paid directly to health insurance companies, with tax credits that some critics say will not provide the same level of financial assistance for ever-more-expensive health insurance.

Jerry Zremski, bureau chief for the Buffalo News, picked up on the remarks by Collins and asked him about one specific provision of the bill, an amendment that would cost the State of New York $3 billion by ending a provision called "The Essential Plan," an optional program under the ACA offered only to New York and Minnesota. It provides low-cost health insurance to low- and middle-income residents who don't qualify for Medicaid. 

According to Zremski's report, Collins was unaware of the bill's elimination of the funding. He quotes Collins as saying, "No. But it doesn't surprise me for you to tell me that there were two states in the nation that were taking advantage of some other waiver program and New York was one of the two states."

Collins was traveling today and couldn't be reached for comment, but his local staff provided the following statement drafted by Micheal McAdams, press secretary in the D.C. office of the congressman:

“Once again the Buffalo News is twisting a Republican’s words to fit its out of touch, liberal narrative. Congressman Collins has been intimately involved in the creation of this legislation from its inception. Over the past four years, he has participated in hundreds of hours of health care hearings, spent many hours marking up this legislation including a 26 hour mark-up in March, and spent hundreds of hours hearing from countless organizations that have a stake in the the health care debate. As a member of the Health Subcommittee, he participated in writing the text of the American Health Care Act.

“Just like Congressman Elijah Cummings who also said he didn’t read every word of this legislation, Congressman Collins has a complete understanding of this bill. He understands the impact it would have on Western New Yorkers. To infer Congressman Collins doesn’t understand the disastrous impact Obamacare has had on our region and our nation is absolutely shameful. The bottom line is the American Health Care Act provides the health care solutions Western New Yorkers need to increase choice and lower costs, as well as providing real property tax relief to every taxpayer in his district. 

"Congressman Collins is proud to have played a substantial role in the legislation’s creation and passage.”

The dustup over reading the bill is just the latest bit of negative publicity Collins has gotten from the national media. He's also been scrutinized for a financial investment that gives the appearance of an overlap with his legislative activity.

From The Daily Beast:

The Republican congressman purchased $2.2 million worth of stock in Innate Immunotherapeutics as part of its initial public offering in late 2013, according to a previously unreported document Collins filed with Australia’s securities authority. The IPO prospectus said Innate would seek FDA approval of its drug to treat multiple sclerosis. More than a year later, Collins wrote into a bill language to expedite the FDA’s approval process for such drugs. Four months before the bill was signed into law, Collins again purchased stock in Innate, this time as much as $1 million, according to congressional financial disclosure records.

According to the story, Collins, who owns $22 million of the stock, has been criticized by ethics experts for the transactions.

We also sought comments from Collins on the controversy and received the following statement drafted by McAdams:

“Despite the continued partisan attacks insinuating otherwise, Congressman Collins has followed all ethical guidelines related to his personal finances during his time in the House and will continue to do so.
 
“Congressman Collins’ relationship with Innate Immunotherapeutics dates back more than 15 years. Secondary Progressive Multiple Sclerosis is one of the most debilitating diseases in the world and Congressman Collins saw its deadly impact first hand as it affected a close family member. As of now, it has no cure and no relief of symptoms. He is very proud of the progress the company has made over the years and hopeful it will develop a potentially life-saving treatment for the millions of individuals suffering from Secondary Progressive Multiple Sclerosis.”

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