A fully involved structure fire is reported at 8699 Hartshorn Road, Town of Batavia. East Pembroke Fire Department is responding, along with mutual aid from Corfu, Town of Batavia, Alexander and Darien.

An occupant is believed to be trapped inside, according to neighbors. The location is between West Main Street Road and Pearl Street Road.

UPDATE 9:34 p.m.: A second ambulance is requested to the scene.

UPDATE 9:37 p.m.: The trapped resident has been removed and is being evaluated by medics.

UPDATE 9:42 p.m.: Fire knocked down; doing overhaul. Alexander fire can go back in service. Alexander's ambulance is going to evaluate the patient.

UPDATE 9:45 p.m.: GC Emergency Management Services asks Byron and Bethany ambulances to stand by in their quarters.

UPDATE 9:58 p.m.: The Alexander ambulance, with a Mercy medic on board, is transporting a patient to UMMC. A Mercy ambulance that just went in service is requested to the scene for firefighter rehab.

UPDATE 11:18 p.m.: Bethany and Byron ambulances can go back in service.

UPDATE 1:15 a.m., Sept. 13: A quick knockdown of a fire that appeared to be on the exterior of the house was the reason volunteer firefighters from East Pembroke and Batavia were able to rescue an elderly woman from her home on Hartshorn Road on Saturday night.

"I just can't be more proud of these guys right now," said Don Newton, chief of East Pembroke. "They got in there and did a great job of knocking it down and between our guys and the Town of Batavia, they just did a hell of a job getting her out of the house."

Tim Yaeger, emergency management coordinator for Genesee County, said the preliminary indication is that the fire started on the outside of the house near an electrical outlet but at this point, no cause of the fire has been determined and nothing has been ruled out.  

"I wouldn't say we're really leaning towards anything," Yaeger said. "We're just going to we have to actually look at every possibility. It's going to be a while for this investigation. Again, it's fairly rare to have a fire in outside on a porch so it's going to take some time to find out what exactly caused the fire."

East Pembroke fire is still on scene at this hour though some mutual aid companies are back in service.

UPDATE 11:40 a.m.: East Pembroke Fire is responding to a rekindle at the residence. Smoke is coming from the roof line.

Photos and interviews by Alecia Kaus/Video News Service.

A driver is reportedly irate following a motor-vehicle accident at Bliss Road and Lewiston Road in Oakfield.

Injuries are reported.

Oakfield fire and Mercy EMS dispatched.

UPDATE 8:55 p.m.: There are possibly six injuries, including a pregnant female. A second ambulance is requested.

UPDATE 9:06 p.m.: A third ambulance requested.

A group of area residents gathered in front of City Hall carrying signs today protesting the lack of visitation with seniors in nursing homes.

A rider is down in the roadway after the report of an accident involving a motorcycle in the area of 240 State St., Batavia.

City fire and Mercy EMS dispatched.

Dispatchers are asked to check on the availability of Mercy Flight.

UPDATE: Mercy Flight was not required. No further word on injuries.

WIth What About Jane and the Old Hippies

Genesee Community College Associate Professor of History Derek D. Maxfield (above photo) had a reception this afteroon at Roman's restaurant in Downtown Batavia and signed copies of his first book, "HELLMIRA: The Union's Most Infamous Civil War Prison Camp -- Elmira, NY."

He became an expert on the excruciating conditions at the infamous POW camp while researching material for his book.

He will be featured on C-SPAN tonight at 6 o'clock sharing what his research uncovered about this notorious time period in Elmira's history.

It is the largest city and the county seat of Chemung County. "The Queen City" was incorporated in 1864. By the late 19th century, it was a major transportation hub, connecting commercial centers in Rochester and Buffalo with Albany and New York City.

Called by some the "Andersonville of the North," the prisoner of war camp in Elmira is remembered as the most notorious of all Union-run POW camps. It existed for only a year -- from the summer of 1864 to July 1865. But in that time, and for long after, it became darkly emblematic of man's inhumanity to man. Confederate prisoners called it "Hellmira."

In the end, Maxfield suggests that it is time to move on from the blame game and see prisoner of war camps -- North and South -- as a great humanitarian failure.

"HELLMIRA: The Union's Most Infamous Civil War Prison Camp -- Elmira, NY" is available through Amazon, Savas Beatie -- and was released in July as an audio book as well.

Most of the information in this post provided by GCC.

Kelly Boyle delivers a few remarks this afternoon at Town of Batavia Fire's Station 1 to thank the volunteers for their service to the community as part of an ABATE motorcycle ride around the county to recognize firefighters.

Boyle said, "We thank you because you're there for us. You save us no matter who we are, white, black, or brown, you are there to help us when we need it most."

ABATE a national nonprofit organization of motorcycle enthusiasts which has a chapter in Genesee County -- also visited Mercy EMS, City fire, Stafford, and Le Roy today in their "Ride for the Red."

(ABATE is dedicated to preserving motorcyclist rights, promoting safe operating practices and raising motorists' awareness of motorcycles.)

The Just Kings Social Club distributed 80 backpacks containing school supplies to children at Austin Park on Friday evening.

The club raised funds to support the project through sales of chicken dinners and other fundraising events. 

A member of the club said there are still some funds available for school supplies if there were any parents who could not bring their children by for a backpack. The Kings can be contacted through their Facebook page.

Rochester and Southern Railroad is in the process of replacing a bridge abutment on Mill Street in Le Roy that was heavily damaged July 15 when a Waste Management garbage truck struck the bridge.

The truck was powered by compressed natural gas with the tanks on top of the truck. With the tanks, the truck stood 13' 6" tall. Unfortunately, the bridge clearance was only 12' 6". The gas tanks exploded on impact, causing a large crack in the foundation of the bridge.

A spokesman for R&S said crews still take at least another three weeks to replace the abutment but with the work, the bridge will be ready to "meet the next century."

Rail service is not affected by the repair. there are temporary structural supports under the bridge during the project.

Mill Street is closed to thru traffic during the repairs.

Members of the volunteer Corfu Rescue Hook & Ladder Co. #1 carried the U.S. flag through the village yesterday evening in remembrance of those who fell on Sept. 11, 2001.

Photos submitted by Tyler Lang.

The performers are patiently waiting in the wings as, slowly but surely, the Downtown Revitalization Initiative project known as Main Street 56 Theater moves forward.

Project Manager David Ciurzynski of Ciurzynski Consulting LLC, of Attica, on Friday said the preliminary design work has been delayed by the coronavirus but, if everything breaks right, the theater will be able to open its doors to the public next summer.

“We’re trying to finalize the design that got held up a bit because of the COVID-19 requirements – (as we’re) looking to design it in a way that is flexible for social distancing,” Ciurzynski said. “And we’re also still looking for people for financing – to solidify that.”

He said the demolition work is almost done.

“The area is pretty cleared out, and ready to build,” he said, noting that the 11,000-square-foot facility will feature a dance studio, theater that seats 150, offices and storage rooms.

It will be located at 35 City Centre -- in space formerly used by the Dent Neurological Clinic office, between Genesee Dental and The Insurance Center.

Ciurzynski said that Batavia Players, the not-for-profit organization operating the theater, has hired Thompson Builds of Churchville as the general contractor. Thompson Builds has done extensive work in Genesee County, including construction of a new Town of Batavia firehall off Clinton Street that is happening now.

“We’re going to start, hopefully, in a couple months on the dance studio and then the theater after that,” Ciurzynski said. “We are waiting on some of our first reimbursements from the DRI for the work that we’ve done so far – we have to wait for the Department of State on that. But, hopefully, in the next month or so, we’ll be able to get some money from the state so we can keep things moving.”

He said the timetable has “the meat” of construction taking place in late winter and early spring.

“We’re trying to get through all of the pandemic requirements and making sure we have space for social distancing, and it’s a kind of reimburse-as-you go-along with the Department of State,” he offered.

The project is one of several awarded to the City of Batavia as part of the state’s $10 million DRI.

Since the total project cost is estimated at $910,000 and the DRI award for the theater is $701,750, fundraising will come into play, Ciurzynski said.

“Batavia Players will have to raise the difference, and will have to rely on the community to help them with that,” Ciurzynski said, advising that various fundraising efforts are underway.

Patrick Burk, president of Batavia Players, said the troupe is in the process of closing down its current location at the Batavia Industrial Center on Harvester Avenue.

“We will be reopening a new office and bringing in a bunch of new volunteers to assist state and local government officials on the project,” he said.

Batavia Development Corporation Director Andrew Maguire said the theater project aligns with the city’s “All In” effort which, in part, focuses on fostering arts and entertainment and cultural appreciation Downtown.

Renderings provided by David Ciurzynski, Ciurzynski Consulting LLC.

A semi-truck has rear-ended a sedan in the Easy Pass lane of Exit 48 of the Thruway in Pembroke.

Unknown injuries.

Pembroke and Indian Falls along with Mercy EMS dispatched.

UPDATE 8:49 p.m.: The occupant of the sedan is likely a sign off.

Press release:

New Cases – As of 2 p.m. 

• Genesee County received zero new positive cases of COVID-19.
  • Three of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Twelve new individuals are on precautionary quarantine due to travel from restricted states.
     
• Orleans County received zero new positive cases of COVID-19.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.

The roster of an 18-member City of Batavia Police Collaboration Advisory Stakeholder Group is complete and the task of formulating a plan to coincide with Gov. Andrew Cuomo’s Executive Order No. 203 on police reform will begin in a couple weeks.

The Batavia Police Department today issued a press release indicating that the selection process has been finalized, and that the first meeting of the committee will take place at 7 p.m. Sept. 24 at the City Centre Council Chambers.

The meeting is open to the public, with all COVID-19 protocols in effect, Interim City Manager Rachael Tabelski said.

Per the governor’s Executive Order, “New York State Police Reform and Reinvention Collaborative,” municipal police departments must adopt a plan by April 1 to be eligible for future state funding.

Members of the advisory group are as follows:

• Interim City Manager Rachael Tabelski;
• Police Chief Shawn Heubusch;
• Assistant Police Chief Chris Camp;
• City Attorney George Van Nest;
• City Council Member Kathleen Briggs;
• Just Kings representative Victor Thomas;
• Citizen representatives Raelene Christian, Bill Hayes, Francis Marchese, Gregory Munroe II;
• Batavia Housing Authority Director Nathan Varland;
• YWCA Executive Director Millie Tomidy;
• First District Attorney Kevin Finnell;
• Public Defender Jerry Ader;
• Batavia Police Benevolent Association President Matt Wojtaszczyk;
• Batavia City School District Superintendent Anibal Soler Jr.;
• Business leader Brandon Armstrong;
• Rev. Martin Macdonald, City Church.

The press release notes that “other industry experts have been invited to attend the meetings and participate to assist the group in developing the plan.”

They are the Genesee County Department of Social Services, NYS Department of Corrections and Community Supervision, Genesee County Mental Health Services, Lake Plains Community Care, RESTORE Sexual Assault Services, City of Batavia Youth Center and Genesee County Sheriff’s Office 9-1-1 Center.

Jay Gsell and Erik Fix have been appointed as facilitators/moderators.

“We look forward to positive dialogue that will bring this community closer together and foster positive relationships between those we serve and the stakeholders in the community,” Heubusch said.

Cuomo’s Executive Order includes wording that stakeholders should include “but not (be) limited to membership and leadership of the local police force, members of the community with emphasis in areas with high numbers of police and community interactions, interested nonprofit and faith-based community groups, local office of the district attorney, local public defender and local elected officials.”

Tabelski said the stakeholder group will meet on a regular basis to help identify recommendations for more effective strategies, policies, and procedures to better serve all residents within the City of Batavia.

The Sept. 24 meeting agenda includes a review of the Executive Order, presentation by the Batavia Police Department focusing on the evolution of policing, current operations and its policy manual, and a discussion of the police agency’s Policy 300 -- Use of Force.

The three other Genesee County police agencies affected by the Executive Order are at various stages.

Genesee County Sheriff’s Department

Sheriff William Sheron and Manager Matt Landers said the county will be ready to move forward once the renewal of the department’s New York State accreditation is finalized. A review of the sheriff’s office accreditation status is set for the end of the week.

Sheron said that having accreditation status means that “some of the requirements in the governor’s order have already been met.”

“We have a sincere interest in getting public input and involvement,” Sheron said, pointing out the high level of cooperation among county agencies. “We all adhere to the same standards of excellence.”

Landers said that he will be meeting with Sheron and Legislature Chair Rochelle Stein in the near future to put together a plan, following the governor’s guidelines.

“We are ready to move forward,” he said. “We have been waiting until the sheriff’s office goes through the accreditation process.”

Le Roy Police Department

Village of Le Roy Police Chief Chris Hayward said the subject will be discussed at the next Village Board meeting on Sept. 16.

He said the small size of the community could present a challenge as far as filling all of the “slots” outlined in the Executive Order.

“What he is asking us to do is to draft a plan that makes the best sense for our community – it’s a little bit difficult to do that when you may have to bring people in from outside of the community to participate in the process, who may or may not have a lot of knowledge of what goes on in Le Roy,” he explained.

Still, Hayward said his goal is to have a plan in place before he retires on Jan. 8, ending 36 years of service – including the past 18 as police chief.

Corfu Police Department

Village of Corfu Mayor Thomas Sargent said he plans to discuss the Executive Order with the village board in the near future.

A zoning text amendment that would add “public garages” to the list of allowed uses with a special use permit in all Industrial Districts in the City of Batavia is back in City Council’s hands after a recommendation of approval Thursday night from the Genesee County Planning Board.

County planners had no issues with the zoning change that was initiated back in January when Batavia businessman Eric Biscaro sought the city’s permission to build an auto service station on his Ellicott Street property that currently houses Classic Home Improvements and Armor Building Supply.

Initially, county planners denied Biscaro’s request for a use variance because the city code allowed auto repair shops only in the Batavia Industrial Park, and in a C-2 (Commercial) zone with a special use permit.

In July, the City of Batavia Planning & Development Committee decided to open the I-1 (Industrial) zone to include public garages, setting the stage for another review by the Genesee County Planning Board and, ultimately, a public hearing set by City Council.

Genesee County Planning Director Felipe Oltramari said that last night’s planning board action is “the middle step” in the process and could see things working out for Biscaro, and any others who wish to pursue similar ventures in the I-1 zones.

“This is the way it is supposed to work,” Oltramari said, comparing this situation to the referral pertaining to an event venue in the Town of Darien that also was on Thursday’s agenda.

The planning board also approved, with modifications, a special use permit for West Seneca business partners Glenn Laben and Kelsey Dellaneve to build The Barn at Flower Creek, a 3,120-square-foot gambrel roof gathering facility to accommodate up to 220 guests for weddings, parties, graduations, etc., located at 388 Broadway Road, Darien.

The estimated $500,000 project also will include an access driveway, parking lot for 85 vehicles, and an onsite wastewater treatment system meeting health department requirements.

Required modifications are obtaining a driveway permit from the state Department of Transportation prior to approval by the Darien Town Planning Board and completing a Stormwater Pollution Prevention Plan prior to final approval from the Town.

Two years ago, the couple was denied a use variance and, as was the case with Biscaro, needed to seek a zoning amendment from the Town of Darien – this one to allow gathering halls in Low Density Residential Districts with a special use permit.

A public hearing on their proposal is set for 7:45 p.m. Sept. 21 at Darien Town Hall, 10569 Alleghany Road.

In other action, planners approved the following site plans:

• For HP Hood to construct a 7,200-square-foot commercial cooler addition to the existing structure at its plant in the Genesee Valley Agri-Business Park, East Main Street Road, Batavia. Neil Zinsmeyer, of Napierala Consulting, representing the company, said the cooler will provide overflow storage and will have little impact upon traffic or staffing levels.
• For a 2,800-square-foot addition (78 feet by 36 feet) to the rear of the Imagination Station child care center at 5079 Clinton Street Road, Batavia.
• For Holland Resources of East Bethany to put up a 45- by 100-foot addition (six more bays) to the north side of an existing self-service Recreational Vehicle storage building at 5545 Route 5, Stafford.
• For a new real estate office in a Commercial District (C-2) at 7133 W. Main Road, Le Roy. Documents submitted by applicant Nancy Crocker, of SB Gee’s LLC indicate that Empire Realty Group, will be moving into the location.

Previous story: Genesee County planners to address special use permit for The Barn at Flower Creek in Darien​

Upon the approval of City Council, the Batavia Police Department will take on the responsibility of managing the community’s Deer Management Plan.

A memo dated Sept. 8 from Interim City Manager Rachael Tabelski to council members indicates that “operationally, the Batavia Police Department will manage the program, accept applications, qualify participants, and schedule hunting times, work with participants and landowners on behalf of the City. A special detail will be set up to appoint an officer to this position and we will incur some overtime costs associated with this plan.”

Tabelski writes that additional deer management options added to the plan could be considered by City Council, upon recommendation by the city manager, if the current plan is not successful in reducing the deer population.

Those options are as follows:

• Batavia Police Department culling operation;
• Utilizing a private firm to cull;
• Utilizing the U.S. Department of Agriculture Wildlife Service culling operation.

A resolution to approve the revised archery hunting plan, dated Sept. 14, is on the agenda of Monday night’s Business Meeting at City Centre Council Chambers. A Special Conference Meeting will open proceedings at 7 p.m.

Contacted today, Police Chief Shawn Heubusch did not offer any specifics, noting that the plan still has to be endorsed by City Council.

“We’re happy to help out in any way that we can and do our best to move things forward, but everything’s very preliminary right now. With everything else that is on the table, the Police Advisory Stakeholder Group, potential construction of a police facility – there’s just a lot going on.”

This updated plan differs from the one dated Aug. 3, which came out of eight months of meetings of the City’s Deer Management Plan Committee, a five-person group enlisted by City Council. The committee worked primarily with former City Manager Martin Moore and Council liaison John Canale with assistance from New York State Department of Environmental Conservation officials.

The Deer Management Plan Committee abruptly resigned, however, on Aug. 13, citing a breakdown in communication with city leaders and disagreement with modifications to the plan.

The current version of the plan replaces “City Clerk” with “Batavia Police Department” in the Participant Application and Selection Process section as follows: City of Batavia Deer Management Program Hunter Application -- Submission to Batavia Police Department.

It also removes a section that placed the Genesee County Federation of Sportsmen (consisting of 12 clubs) as the top priority for program participants and replaces that with words indicating that proof of residency within the City of Batavia or Genesee County, and/or membership in a hunting club associated with the Genesee County Federation of Sportsmen, and/or City Employee status are required.

The Sept. 14 draft also indicates that the police department would be responsible for all tasks and documentation necessary to qualify potential hunters, schedule hunting times, and assist participants and owners of property in the three of the five identified hunting zones. The other two zones are city property and would be open for hunting only to city employees.

Moreover, the section titled Program Review and Measures of Program Success has been changed from “The City of Batavia Deer Management Committee will meet as needed during the program to review activities and to gather data as to the program’s success” to the following:

The City of Batavia Police Department, City Manager, and qualified program participants will meet as needed during the program to review activities and to gather data as to the program’s success.

That variation is understandable as the Deer Management Committee is no longer intact.

Tabelski’s memo also addressed the Batavia City School District’s current “hybrid” schedule that has some students in school and others learning remotely (at home). The deer plan calls for hunting only between sunrise and 2 p.m., and only when school is in session.

“Due to the temporary pause on the full reopening of schools, and because the top priority of all culling activities is the safety of the community, I recommend that the Batavia Police Department continue to monitor the school situation as it progresses and make an operational decision, based on the changing dynamics of in-school vs. home learning, to determine if the plan can be executed safely this fall.”

In closing, she wrote that the “final plan provides a streamlined program experience, ensures programmatic compliance, program metric tracking, increased safety and oversite (sic), and in increased focus on communication.”

Batavia’s current proposal is similar to the Town of Irondequoit’s deer program, which is managed by its police department.

In a separate development:

Council President Eugene Jankowski Jr. said a discussion of the vacant city manager position is scheduled for Executive Session following Monday night’s meeting.

Jankowski provided a brief update, mentioning The Novak Consulting Group, the Cincinnati, Ohio-based firm that was used in the search that resulted in the hiring of Moore in 2018.

“At the last meeting, City Council was informed that Novak wouldn’t be able to start the city manager search process until late September,” Jankowski said. “At that time, Council requested additional information from the Human Resources department and that information has been provided.

“Due to the sensitive nature of personnel matters, Council will meet in executive session during the upcoming regular Business meeting to decide a path forward in the hiring process.”

The gaming floor at Batavia Downs reopened this week, along with Fortune's and the Backstretch Grill, and the Grandstands will be opening soon, after a six-month closure mandated by the State of New York in the battle against COVID-19.

Race fans, however, are still prohibited at this point from attending live harness racing.

-----------------

Update: Sept. 11, 3 p.m.

Even at a fourth of maximum capacity, Batavia Downs Gaming will be able to keep its employees on the job but, unfortunately, monetary distributions to the municipalities it serves will suffer.

That’s the perspective of Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp. that oversee operations at the casino, harness race track and OTB parlors in 15 counties plus the cities of Buffalo and Rochester.

A public benefit corporation, WROTB returns a portion of its profits to counties and the two metropolitan communities.

“You know, we've done the math, we've done some projections, and we certainly can pay our bills probably at 25 percent,” Wojtaszek said on Wednesday, the day the gaming facility was allowed to reopen – but only at a quarter of the maximum occupancy. “If we remain pretty steady, we can pay our bills. We can keep our employment levels pretty close to where we were before.”

Wojtaszek said “difficulty” comes into play when considering profit and return to municipalities – “which is obviously one of the big reasons why we exist.”

“We exist to make sure we create jobs and create an environment for people to have an entertainment venue, but also to return money to the municipality. So that's going to be a little tough. But I think for now, even at 25 percent, we can cover our costs.”

He said the business has to dig itself out of a “deep hole” caused by ongoing utility and building maintenance costs and unemployment insurance and by having to pay employees still on the job.

Despite the setbacks, Wojtaszek said he it is “very rewarding to see people come back so quickly.”

“We were having people call us all the time during the last six months," he said. "They were stopping at the front door. A lot of emails following our Facebook page. So, when we knew we had a pretty good following of people who want to come back here, we'd like to think we do deliver great customer service."

Batavia Downs has had to cancel its summer concert series due to the pandemic, but six of the eight bands have been rescheduled for next year, Wojtaszek said.

“And we’ve added two,” he said. “We have Queensrÿche signed up for sure. And then the eighth band will remain silent until I confirm it. But it's a great band. They'll be probably the best band we've ever had here.”