The Batavian: Shortage of prosecutors has hit 'crisis' stage, DA warns County Legislature

An accident is reported on Route 5 near Cleveland Road, Batavia.

This is a rollover accident. There was an initial report of a serious injury and entrapment but the patient may be out of the vehicle.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 9:24 a.m.: The driver suffered only minor injuries in this rollover accident. He told a deputy he fell asleep. His vehicle exited the road, went airborne, flipped over and then hit the utility pole sideways, which knocked it back on its wheels. The driver was able to self-extricate. A citation may be issued in  the accident.

A multi-vehicle accident is reported at 3686 Batavia Elba Townline Road, Batavia.

A dump truck is involved.

Extrication is needed.

Unknown injuries but so far no report of serious injuries.

Town of Batavia fire and Mercy EMS dispatched.

Oakfield Fire Police request for traffic control.

UPDATE 9:15 a.m.: Sun was a likely factor in the four-vehicle accident, according to a trooper at the scene. He did, however, anticipate issuing citations. One person was injured, the driver of the silver sedan. She was not seriously hurt. This was actually two accidents. The first accident, the pickup into the garbage truck. The next two cars came along later.

Press release:

New York State, as part of the Adopted 2017/18 State Budget, included a mandate on all local governments to discuss and develop shared services ideas and plans for eventual submittal to the County Legislature and subsequently the New York State Department of State.

Part of the process for discussing and developing these public sector shared services plans is to have public meetings/opportunities for citizen input and to take suggestions on possible public sector shared services opportunities that have not already occurred and are in place.

The Genesee County Legislature scheduled three Public Hearings and has added a fourth opportunity for public comment to be held Tuesday, Sept. 18, at 4:30 p.m. in the Old Courthouse, 7 Main St., Batavia. All interested citizens are encouraged to attend and provide comments.

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

Ed Glow shared this photo of a rafter of turkeys about 30 yards from his home on Merrill Road in Byron.

He said he first saw a tom and three hens and a few young birds about three weeks ago. They reappeared a couple of days ago and he figures the young ones have doubled in size since then.

He counted 21 birds total. 

"Almost makes me want to start hunting again," Glow said.

The John Gardner Society will host its annual reading of Batavia's most renowned novelist at the Pok-A-Dot the evening of Oct. 27.

The reading will start at 8 p.m.

Anybody with an interest in Gardner, literature, Batavia's history, or just looking for an evening of camaraderie and entertainment, is invited to attend or read their own favorite passages from Gardner's work.

For more information or to be added to the list of readers, contact Bill Kauffman at bkbatavia@yahoo.com.

The event is sponsored by the John Gardner Society and Genesee Community College.

Photo: File photo from last year's reading.

Press release:

The City of Batavia Fire Department is sponsoring the sixth Annual Fire Prevention Week Coloring Contest. This coloring contest is open to students from kindergarten through grade 5.

“Our hope is to get the children to discuss fire safety with their teachers, other students and parents/guardians,” an organizer said.

Information has been distributed to City schools, but we wanted to include any City area homeschooled children as well.

Copies of the official coloring page and contest rules can be picked up at City Fire Headquarters, 18 Evans St. We encourage all eligible students to participate.

The 2018 Fire Prevention Week (Oct. 7-13) theme is “LOOK. LISTEN. LEARN. Be aware. Fire can happen anywhere.” Additional information can be found at the Fire Prevention Week website www.FPW.org

Any posters wishing to be entered need to be at the Fire Station located at 18 Evans St. in Batavia no later than 4 p.m. on Thursday, Oct. 11.

Judging of the posters will take place Oct. 12th – 15th.

The winner of each group will receive a ride to school on a City Fire Engine, and be invited to a special awards luncheon with their family held at the fire station. Second- and third-place finishers in each group will also be invited to the fire station awards luncheon.

The best of luck to the students! Full rules are available at the City of Batavia Fire Department at 18 Evans St. in Batavia or email the Fire Prevention Officer, Lt. Greg Ireland, at:   gireland@batavianewyork.com

Standing in front of about 100 members of the Democratic Party -- volunteers who signed up walk precincts on his behalf -- Nate McMurray, candidate for Congress, said something you might find surprising: Donald Trump is right about a few things.

"Let's be honest, a lot of people voted for Donald Trump because they knew they needed help," McMurray said. "It was a Hail Mary. They felt like there wasn't a party representing them and maybe they needed somebody on the outside to say, 'hey, I can shake the system up.'

"I'm going to tell you something to a lot of people in the Democratic Party will not say," McMurray added. "Mr. Trump may be a master salesman. He may be a lot of things but his message was right in many respects. The message of the fact that a lot of Americans get left behind or forgotten about."

Many of Trump's voters are now disappointed in Trump, McMurray suggested, because he hasn't delivered on his promises.

"The problem is, Mr. Trump's message has been nothing but bluster," McMurray said. "He's is not doing anything to help people in this country. We hear about a booming economy but do you think the people here in this part of the region or the people in Attica, do you think they feel things are booming and moving and things are going great?"

McMurray promised not only to fight for jobs if elected, including opposing bad trade deals, but to support health care for all, protect Social Security, and follow through on a campaign promise Trump seems to have forgotten: infrastructure.

"Within 60 days in office, we will present a joint infrastructure bill in the house," McMurray said.

Right now, it's unclear who McMurray is running against. The man he planned to beat, Rep. Chris Collins, is under federal indictment on insider trading charges. The Erie County businessman continues as the singular target in McMurray's crosshairs, at least until, and if, the GOP NY-27 chairs are able to remove Collins from the ballot and replace him with another nominee.

Next week, Democratic Party Chair Tom Perez is going to visit the NY-27 but there was a time in McMurray's congressional quest, he said, when the party bosses told him he couldn't possibly beat Chris Collins and he should save his political capital for another fight, he said he told them Collins needed to be taken out.

"I said no someone has to stand up to Chris," McMurray said. "We know he has an ethics violation. We know he has this history of saying 'I only represent my constituents who are my donors.' He had this horrible record and all knew his record even before he was a congressman. We knew about his record when he was county executive when he would fire people and defund libraries and defund all kinds of projects important to the community just because he felt like it."

There was only one person in Washington, D.C., back then willing to encourage McMurray's run, said: Louise Slaughter.

It was Slaughter, he said, who wanted to know if McMurray would "fight like hell," which has become the campaign motto. 

"She said something else," McMurray said. "She said, 'this man has used the house of the people not to do people's business but to make money for himself and his family. Are you ready to stand up against that?' and I said yes and she said, 'Will you stand on his neck?' She said that.

"Now that's mean and it sounds tough but there comes time for accountability. It is time for accountability, not just for Collins but for the entire party that supported him."

Brandon Rebert had the best time today in the Arc of Genesee Orleans 5K in Elba.

Liz Bender (second picture) had the best time among the women.

The Blue Devils dominated another good team on the gridiron Friday night, beating Letchworth-Warsaw 40-0.

Ray Leach, who said after the game he's feeling much better physically, rushed for 187 yards on 17 carries. He scored four touchdowns. Leach also had two receptions for 38 yards giving him 225 all-purpose yards for the game.

Alex Rood added another 75 yards to the ground game on 10 carries. Taiyo Iburi‐Bethel had five receptions for 45 yards. Andrew Francis lone reception was for a nine-yard touchdown. Ethan Biscaro was 10-13 passing for 112 yards and a TD. He also rushed for 34 yards. Josh Barber and Cody Burns led the defense with six tackles each.

"They are a good football team," Coach Brennen Briggs said of Letchworth-Warsaw, now 2-1. "I think they're going to have a good run. I think they're going have a very good season. But again, we know we've got some big boys.

"We've got some powerful kids. We've got some kids that like to hit. We have some athletes out here and you know I think that they showed that tonight."

In other Friday night football action:

In the game a lot of people are talking about today, Alexander beat Geneseo 90-14. With his team up 60-14 at the half, Coach Tim Sawyer offered to let the clock run in the second half and Geneseo's coach, Tim Dolgos, refused the rule modification.  In the second half, Alexander, now 3-0, played its second and third-string players and outscored Geneseo 40-0. Chris McClinic scored three TDs and rushed for 157 yards on only four carries. He also had two receptions for 82 yards and a TD. Terrez Smith had six carries for 72 yards and two TDs. He also had a 73-yard kickoff return for a TD. Robert Fazzio had eight carries for 66  yards and a TD. JJ Goodenbury had five carries for 42 yards and a TD.  Ty Woods had two carries for 27 yards and TD receptions. Josh Devries had three receptions for 80 yards and a TD. QB  Dylan Busch was 7-8 passing for 211 yards and four touchdowns.  Jake Jasen had eight tackles, Woods seven plus a sack and a forced fumble. Hayden Walton had seven tackles.

Oakfield-Alabama/Elba opened its inaugural eight-man football season with a 46-30 win over CG Finney/Northstar. It was the first eight-man game in Section V in nearly 50 years. Colton Dillon had two TD runs. He had 188 yards rushing on 16 carries. Ty Mott scored twice and Gage Dieterle, Ty Kropelin, and Jayden Hughes also scored. Peyton Yasses had 13 tackles and Dieterle had 11.

Notre Dame beat Cuba-Rushford 20-9. Gabe McDonald had 27 carries, 201 yards, and two TDs. Tim Klotzbach had 36 yards rushing with a touchdown and 43 yards passing. Cody Henry had eight tackles and an interception and Gabe McDonald had 7 tackles with an interception.

Attica beat Le Roy 21-20. Jake Hill was 9-16 for 89 yards passing and Kyler LaCarte was 3-4 passing for 77 yards and two TDs. Hill rushed for 65 yards on 14 carries and LaCarte had 53 yards and a TD on 10 carries. Alex Bordonaro had seven tackles, Cole Rauscher, six, and Anthony Leitten, six.

Cal-Mum/Byron-Bergen beat St. Mary's 35-12.

No score available for Perry/Mt. Morris vs. York/Pavilion.

The Blue Devils honored first responders, veterans and active military on Friday night, which included free admission, a hot dog and drink, and end-zone seats.

To purchase prints, click here.

164 Summit St., Batavia, 11 a.m. - 12:30 p.m. Comfortable and solid City colonial in nice neighborhood. Easy to see and super affordable!

This 3 bedroom, bath and a half home features very spacious room sizes, downstairs is open and great for entertaining but very homey. Some hardwood floors and gorgeous unpainted woodwork really give this home charm. Upstairs bedrooms are all large with closets and attic is already partially finished and with a little paint could be amazing extra living/play space!

Mechanically sound with nothing urgent to tackle but what you want to do! Enjoy the front porch that has the forever trexx decking to enjoy the neighborhood or have your morning coffee on the back deck to enjoy the peacefulness of the cute back yard-either way come check out a really nice home! Call Lynn Bezon today to see this listing or click here for more information.

147 Pearl Street Road, Batavia, 1 - 2:30 p.m. Solidly maintained 3 bedroom bath and a half home! Completely gutted and remodeled within the last 5 years --beautifully done and nothing for you to do but enjoy!

Full tear off roof 4 yrs ago Beautiful cherry cabinetry with granite countertops and all stainless appliances to stay plus washer/dryer! Extra large family/dining area perfect for entertaining with pretty gas fireplace! Super convenient upstairs laundry and 3 large bedrooms. All new carpeting thru out!

Outside features extra wide drive and double lot with great deck -- inexpensive utilities and NO flood insurance! SO MUCH BANG FOR THE BUCK AND EASY TO SEE AT MOMENT NOTICE! BE IN BEFORE THE HOLIDAYS! Call Lynn Bezon today to see this listing or click here for more information.

Changes in technology and criminal law in New York have increased the workload in the District Attorney's Office, according to DA Lawrence Friedman, to a point that is unsustainable and either some cases won't get prosecuted by his office or good attorneys will quit their jobs.

Friedman described the burdens on his office in a letter to the County Legislature to support his request for additional staffing.

"Without such additional resources, our attorneys will not be able to continue to shoulder all of the added responsibilities and time commitments that have been placed on us over the years," Friedman said. "Instead, we will need to figure out how we will implement a reduction in services. We don’t know exactly what that will look like, but we do know that it will not be good for public safety in this community."

Reduced services could include:

• Discontinue the prosecution of violations of probation, leaving probation officers to handle the violations themselves;
• Discontinue the prosecution of non-criminal offenses, such as disorderly conduct, harassment, and unlawful possession of marijuana, leaving it up to the arresting officers to prosecute those cases;
• Reduce the time spent educating new officers about criminal and court procedures.

Friedman is asking for at least one new full-time assistant DA. There are four now. 

When Friedman was himself an assistant, there were seven part-time (30 hours a week) prosecutors in the DA's office for a total of 210 attorney hours a week. In 1996, Friedman, newly appointed to DA, learned the county could obtain state money to fund a full-time DA so the county eliminated three part-time positions in favor of two full-time positions. When the county switched to five full-time prosecutors, it reduced the number of total attorney hours to 187.5, which helped save the county money, according to Friedman.

In recent years, the workload for prosecutors has increased substantially, Friedman said, because of: 

• Body-worn cameras, video-recorded suspect interviews, more surveillance footage of crime scenes. Before the age of ubiquitous video, most cases involved written documents that could be reviewed in minutes. Now, sometimes, a prosecutor must spend hours watching video, and sometimes the video must be viewed more than once, including times to prep witnesses, review with police officers, besides the initial review to see what if any evidence the videos might contain.
• The DA's office has been hit with numerous serious crimes over the past couple of years that assistant DAs help with during the investigation and then if an arrest has been made, handle the prosecution. These crimes include a gang-assault case, a homicide at the Sunset Motel, a deputy-involved shooting, a homicide on Liberty Street, a shooting on Jackson Street, a shooting on Thorpe Street, a series of residential burglaries, a stabbing and murder on Central Avenue, child sex offenses, a fatal hit-and-run in Darien, an attempted murder and arson on Maple Street, vehicular assaults in Corfu and Pavilion, a stabbing in the Town of Batavia, a stabbing on Ross Street, two first-degree rape cases, and follow up on a cold case murder.
• There has been an increase in search warrant applications.
• New state laws, such as Jenna's Law, Megan's Law, and Leandra's Law has added time and tasks to the prosecution of some criminal cases.
• Big Box stores have increased the number of reported larcenies and forgeries.
• DNA is helping to open cold cases.
• Since Friedman became DA, new courts have opened, including Drug Treatment Court, DWI Treatment Court, Mental Health Treatment Court, Veterans Court, Domestic Violence Court, and now the new Youth Court opening next month.

Assistant DAs work a lot of hours beyond their standard "9-5" shift, Friedman said. In additional evening hours for town courts, they are on call 24/7.

A  recent example, Friedman said, was the fatal hit-and-run in Darien. ADA Shirley Gorman was called into the case on an early Sunday morning and worked 12 hours. Friedman and First Assistant District Attorney Melissa Cianfrini also assisted that Sunday with the case. 

"Altogether, the attorneys in our office spent about 40 hours on this case in the first three days and many more hours since then," Friedman said. "Unfortunately, this type of scenario is becoming more and more common. I am concerned that this could result in our attorneys becoming 'burned out' and/or leaving for 'greener pastures.' "

He concluded the letter calling the current situation a "crisis."

"This is the most serious staffing concern that I've ever faced," said Friedman, who has worked in the DA's office for 37 years, and who plans to retire in 2021. 

"I sincerely hope that an inability to get the help we need will not become the next impediment to the effective prosecution of crimes committed in Genesee County," Friedman said. "The current District Attorney truly hopes that his legacy will not be that of leaving an office that is understaffed and thus unable to properly serve the citizens of this County and he assumes that our County Legislature does not want that to be their legacy either."

A car has reportedly hit a tree and rolled over in the area of 6845 Thwing Road, Le Roy.

The initial call reported entrapment but the driver is now reportedly out of the car.

Le Roy fire and Mercy EMS responding.

One way or another, the Town of Le Roy is not expecting to spend $40,000 in 2019 to support Le Roy Ambulance, according to Supervisor Steve Barbeau.

Barbeau presented his tentative 2019 budget to the town council at Thursday's meeting and then discussed the future of the Le Roy Ambulance after the meeting.

Barbeau said based on his discussion with representatives of the ambulance service, Le Roy Ambulance has reached a point financially where it either needs the tax support of a special district or the nonprofit corporation must be dissolved.

If the proposed budget doesn't change before approved, Le Roy residents would find their town property tax rate reduced by a nickel, from 90 cents to 85. The total levy would be $206,248.

In all, Le Roy, excluding special districts, will need $1,427,441 to operate in 2019.

The proposed budget includes raises for non-union staff of varying amounts depending on which department the staff serves. 

Town board members will be able to start going through more detail at its Sept. 27 meeting.

Some adjustments may be necessary because since Barbeau prepared the tentative budget, he's received new information, including a reduction in workers' compensation insurance costs, a reduction in  STOP-DWI money transferred from the state to the town's justice department, and a $5,000 expense for the town to work with the county on a records archive project.

Ambulance Service
As for the ambulance service, a public meeting planned for next week has been canceled because the attorney for the ambulance service has had some health issues. It hasn't been rescheduled yet but the attorneys are working on finding a new date.

At the meeting, the public will learn about the options for the ambulance service and about the prospect of setting up a special district.

After that meeting takes place, Barbeau would like to conduct a straw poll of residents. It would be a non-binding vote held at the Town Hall. Like a school budget election, all residents at least 18 years old would be eligible to cast votes.

The results, Barbeau said, could help the Town and the Village decide whether to support a special district for the ambulance service. If the vote was lopsided one way or another, officials could gauge whether voters would likely support a special district. A close vote would make the difficult decision even more difficult, Barbeau acknowledged.

Either the Town or the Village could approve the formation of a special district without a voter referendum. Residents could challenge any decision by either jurisdiction through a  petition (100 signatures required) for a public referendum to overturn the decision. 

In other words, if the Town board voted against the formation of a special district, through a petition drive, the decision could be challenged by voters. Or if the board agreed to form a district, that decision could be challenged as well.

The same goes for the Village.

Barbeau speculated that if only the Town supported a special district and the Village didn't, it wouldn't be financially feasible for the ambulance service to continue; however, the district could successfully form if approved by the Village but not the town.

Even with the $40,000 from the Town, Le Roy Ambulance has been losing money, Barbeau said. It's his understanding that a big issue for the service is patients' failure to pay their bills. He said last year, Le Roy Ambulance had $75,000 in uncollected fees.

A lot of people, Barbeau said, get their insurance check after an ambulance ride and instead of paying their ambulance bill say, "oh, Christmas in July" and pocket the money.

"I think by November of this year a decision needs to be made (about the future of the ambulance service)," Barbeau said, "because the $40,000 is not going to be in the budget for the ambulance. Imagine what their deficits are going to be without it. So they're either going to have to start taxing in 2019 or start exhausting the assets that they do have."

There is a complex process to wind down a nonprofit, Barbeau said, so without a special district, Le Roy Ambulance would begin that process in 2019 until it discontinued service.

Barbeau is seeking clarification from Mercy EMS on what level of service it will provide Le Roy if Le Roy Ambulance closes. Right now, there is an agreement that ensures Mercy EMS is the backup service for the Town and Village. 

If Le Roy Ambulance closes, Mercy EMS would by default become the primary ambulance service at no cost to the Town of Village.

Previously, Mercy officials have indicated they would consider making Le Roy their base of operations for the eastern part of the county if Le Roy Ambulance shut down. Barbeau would like to confirm that suggestion.

"The issue has always been, for the town board -- response time," Barbeau said. "Le Roy Ambulance has a response time that averages less than five minutes. If they're out on a call, Mercy comes from Batavia. They have a response time that's just shy of 20 minutes, and that comes from years' worth of data. So the rationale behind our subsidy has been to keep that response time for folks knowing we still have Mercy as a backup."

Barbeau praised both services. He's had experience with both. Ambulances were called twice to his late father's house. In the first instance, Le Roy took three minutes to respond. In the second, Le Roy wasn't available and Mercy EMS responded from Batavia, which took 18 minutes.

In that case, he said, it wasn't life or death but for a person suffering a heart attack or stroke, those 15 minutes could be critical.

County Sales Tax
During the meeting Thursday, Barbeau also discussed his understanding of a new proposal from the County on how to divvy up the local share of sale tax revenue.

Before getting into what Barbeau said, some background:

Currently, local consumers pay 8 percent sales tax on qualifying purchases. The state takes 4 percent and 4 percent is supposed to stay in Genesee County. 

The county could keep that 4 percent to itself but has traditionally shared the revenue with the other municipalities in the county. If the County didn't share with the City, the City of Batavia could institute its own sales tax. The villages and towns don't have that option.

Under the current formula, the County keeps half of the local 4-percent share, or 2 percent of the sales tax. The City gets 16 percent. The remaining 34 percent is divided among the towns and villages, using a formula derived from the assessed value of properties in each jurisdiction.

It's Barbeau's understanding based on his conversations with other officials, including County Manager Jay Gsell, that the County and City are set to enter into a new agreement that would keep the City's share in the 16 percent range, but that amount could fluctuate depending on the amount of sales tax revenue flowing into the county. It would never be less than 14 percent and the City couldn't receive more than a 2-percent share of anything over the prior year's amount of sales tax.

The villages and towns are not included in the agreement. Instead, they would each be asked to sign identical revenue distribution agreements.

All of the agreements would last for 40 years.

For the villages and towns, their share of sales tax revenue would be capped at the absolute dollar amount of 2018, but their share could go down if sales tax revenue goes down.

There would be no adjustments for inflation.

Barbeau said it's his understanding of the county's perspective on the agreement is based on three factors:

• The county is facing a state mandate to build a new, expensive jail. The bond on that jail will take 40 years to pay off.
• The new "Raise the Age" law, which mandates new rules for criminal cases involving 16- and 17-year-olds, will also increase County expenses. The State will reimburse the County for those additional expenses but only if the County keeps its property tax levy below the tax cap level of 2 percent per year.
• The County is also facing substantial infrastructure expenses, particularly for bridges and culverts.

The Town of Le Roy's anticipated share of sales tax revenue for 2019 is $722,000, or nearly 51 percent of the town's total revenue.

Elected representatives, including county officials, are expected to discuss the sales tax issue at the monthly Genesee Association of Municipalities (GAM) meeting Sept. 20 at 7 p.m. at County Building #2 on West Main Street Road in Batavia.

A report of a manure spill on Creek Road, Town of Batavia, in The Batavian on Wednesday incorrectly stated that the spill occurred in the area of Baskin Livestock, which is located at 9778 Creek Road.

The actual location of the spill was more than a mile away.

Bill Baskin, owner of Baskin Livestock, said none of his vehicles have been involved in a manure spill recently.

"And when they are," Baskin said, "we clean it up right away."

The Genesee County Planning Board on Thursday recommended rezoning six of the seven parcels that were requested to be reclassified for commercial use by City Church, owner of the former St. Anthony’s Church campus.

The county committee’s action comes on the heels of the Batavia City Council’s vote to send the issue to the City Planning & Development Committee for final review.

City Church had filed a petition to change the parcels – 42 Central Ave. and 110-124 Liberty St. – from Residential (R-3) to Central Commercial (C-3) to allow for uses such as a dance school, art school and community education classes.

County planners approved the request with a modification stating that the house at 124 Liberty St. should remain in the residential district.

In its opinion, the board pointed out that rezoning to C-3 will “ease the adaptive reuse of these buildings, however the Future Lane Use Map in the City’s Comprehensive Plan adopted in 2017 designates this area as “Restoration Residential.” Therefore, the home at 124 Liberty St. would serve as a buffer from any commercial uses in the other parcels."

County Planning Director Felipe Oltramari said that it was his understanding that City Church leaders had no plans for the commercial use of 124 Liberty St.

The item is on the agenda of the Sept. 18 meeting of the City Planning & Development Committee. Should it be approved, a public hearing will be scheduled.

In other action, County planners recommended:

-- Approval with modifications of a special use permit and area variance by DiLaura Enterprises to build a self-service storage building at 8994 Alexander Road (Route 98). The proposed 65,000-square-foot building is to be used to store impounded and collision vehicles.

Modifications include: a vegetative buffer between the NYS drainage right-of-way and the parking area; driveway permits from NYS DOT; no storage of vehicles for more than 120 days; proper on-site lighting; and regulated disposal of oils and other possibly hazardous materials.

The building reportedly would measure 50-by-100-by-16 feet with two overhead doors, and would have two entrances and exits to make it easy for trucks to pull in and out. It also would have all utilities, a few outside lights, be fully fenced and gated.

The owner, Dan DiLaura, has said the building will be used for “personal storage" of race cars, towing equipment, tools, tires, etc., but it would not be used for any commercial repairs.

A public hearing is scheduled for Sept. 18 before the Batavia Town Planning Board meeting.

-- Approval with modifications of a special use permit and site plan review to add a truck maintenance facility on the grounds of the Pilot Flying J Truck Care Center at 8484 Alleghany Road (Route 77), near the 48A Thruway interchange in the Town of Pembroke.

According to the application submitted by the owner, Landon Lane, the project calls for the construction of a 7,960-square-foot, two-bay service garage to be located behind the existing truck stop and entirely within the existing parking area.

The hours of the Truck Care Center are said to be 6 a.m. to 10 p.m. daily, and services performed at the shop include routine maintenance items such as oil changes, tire replacement/repair, mud flap, light bulb, and battery replacement, and other small maintenance items.

-- Approval of a site plan review to change the use of what was a “storefront church” at 10 Lake Ave. (Route 19) in Bergen to a professional office space and art studio owned by David and Anna Marie Barclay.

-- Approval with modifications of a special use permit for Matthew Baldwin to operate a bulk food/deli retail store at 3387 Broadway Road (Route 20) in Alexander.

Modifications focus on the proximity of the Route 20 right-of-way near the building, prompting planners to require the applicant to obtain a driveway permit from NYS DOT and to produce a site plan that clearly delineates all the parking spaces to be utilized by the business.