batavia

A bicyclist has reportedly hit a car at 375 W. Main St. Batavia.

Injuries are reported.

City fire and Mercy EMS dispatched.

Plastic model hobbyists from throughout the Northeast were in Batavia today at the Quality Inn & Suites for their convention, NOREASTCON, which included displays, vendors, demonstrations, and contests that provided awards in multiple categories.

GO ART! opened two shows at Seymore Place last night -- the member's show, with the theme, "Summer of Love," in honor of the 50th anniversary of the hippies' heyday --summer of 1967, and "The Dream of America."

"The Dream of America: Separation & Sacrifice in the Lives of North Country Latino Immigrants," is a display of the photography and writing of Lisa Catalfamo Flores. It originally was on display at the Crandall Public Library in Glens Falls. GO ART! is its first stop on a statewide tour. The show will be on display through July 7.

There should be no lack of motivation for Dairy Farmers of America to start production back up at the former Muller Quaker Dairy plant in Batavia it acquired in January 2016 for $60 million.

That was a big outlay on a plant that is considered state-of-the-art, is USDA certified, close to milk supplies, in the midst of a transportation hub, and cost PepsiCo and Theo Muller Group more than $200 million to construct.

There is also more milk being produced than there are places to process it in the Northeast and that has led to some milk dumping so it doesn't get added to the market supply.

Finally, there is the whopping $655,155 tax bill DFA paid in 2017 over and above what their obligation could have been with a new PILOT (Payment In Lieu of Taxes) agreement, which is wholly contingent on Kansas City, Kansas-based DFA putting the plant to productive use.

Genesee County Economic Development Center CEO Steve Hyde notified officials with City Schools, Genesee County and the Town of Batavia in January that those jurisdictions could expect suspension of the PILOT agreement Muller Quaker received to build the plant because there was no clear indication what DFA planned to do to live up the basic premise of the PILOT, which is that there would be people working at the plant.

"They will pay full taxes until it's back in productive use and people are back to work," Hyde told The Batavian. "DFA has been good with us and good to work with, but we want to see the plant back in productive use, and they want their members to be able to ship milk to that plant."

The Batavian obtained copies of the letters sent to local officials through a FOIL (Freedom of Infomation Act letter) request. The letters show that City Schools received an extra $427,397, the county received $180,476, and the Town received $47,282.

Hyde said the payment requirement was consistent with the original terms of the PILOT and would not have come as a surprise to DFA.

As for DFA's plans, spokeswoman Kim O'Brien said the plans are taking shape. It's a lot of work to bring a number of big players together to get a plant like this back into production, but she said DFA would announce its plans within weeks.

It's unclear if DFA will operate the plant itself, partner with other companies, lease it or sell it, and O'Brien said she couldn't comment beyond acknowledging that DFA would make an announcement soon.

There are reportedly other major players in the dairy industry interested in the plant and Shelly Stein, a co-owner of Stein Farms in Le Roy, a DFA member, said it's common knowledge that DFA has had the plant on the market, but she also doesn't know what DFA's plans are. She said she's just eager to see it processing milk again to help alleviate the oversupply problem for dairy farmers.

"In the dairy business, there are a lot of partnerships and relationships that go into running plants like this, and that's the model DFA uses," Stein said. "I believe that is still the thought process and as a member of the cooperative, I look forward to that plant being up and running, but at this point, all of the stars have to line up. The size of that plant means it's not going to be an overnight fix."

Sarah Noble Moag, of Noblehurst Farms in Linwood, and also a DFA member, said they are eager to see the plant reopen, but they also understand why it's taking so long to get something going.

"After having seen Muller Quaker come in with its business plan and fail, we want to see something for our local economy and our local jobs that is more stable, and if that takes a little more time to plan, then so be it," Noble Moag said. "We all know in this business how long those negotiations can take, especially for an asset that size."

According to documents obtained by The Batavian as part of a FOIL request, there was active communication between GCEDC and DFA, but in July, the communication, at least the written communication, abruptly stopped. We are told that's an accurate reflection of the state of things from that point forward, that there isn't any communication not part of the response to the FOIL request.

In February of 2016, DFA officials were diligent about making sure its logo was added to the business part sign along Route 5. In March, Chris Suozzi, VP of business development, started trying to find out from DFA officials what their plans were so he could put together a new incentive package that recognized the expense of the retooling of the plant.

Jackie Klippenstein, with DFA, asked for clarification on possible incentives on April 28, telling Suozzi, "it appears discussions at the end of the hall are intensifying."

In response, Suozzi wanted to know how much DFA was planning to invest in the plant. 

The number he got back was $250,000 for equipment and $100,000, rough estimate, for labor.

On April 29, 2016, he emailed Jackie Klippenstein to try and clarify DFA's plans.

"Based on other food processing facilities in our county, that number appears low, unless you're making yogurt," Suozzi wrote. "Can you share what products will be produced? Maybe I can understand better. Will you be using existing equipment from Muller Quaker Dairy? Do you already own equipment that you're bringing in? If so we will need to understand the capital expense."

He also asked, "is the 150 jobs to start or is a ramp-up schedule over the course of time (i.e. 2-year ramp up)?"

Suozzi apparently didn't get a response and followed up on May 3 and suggested a phone call.

Klippenstein responded May 10 and said, "We aren't quite ready -- but I expect information in the next 2-3 weeks. Stop and go, stop and go ... sorry but feeling optimistic."

Suozzi again followed up on June 1, 2016, and Klippenstein responded, "Thanks for checking in. I've been told July is the golden month when things will start to come together -- decisions made."

On July 6, 2016, Suozzi again requested a project update and the documents obtained by The Batavian, which we are told are complete, contains no response from Klippenstein or anybody else from DFA.

As part of the documents obtained by The Batavian, there is a state form DFA was required to fill out which lists employees and wages paid for 2016. The NYS-45-ATT shows DFA had seven employees at the plant with a total payroll of $408,006. The names of the employees are redacted, but the top gross pay was $72,195, with one other employee earning more than $70,000, two making more than $50,000, one making $41,883, and three earning at least $35,000. Their job duties are not listed as part of the form.

Hyde, like other officials we've talked to around the county, remains optimistic that the plant, so big, so well situated and well suited to dairy processing, will eventually be put to productive use. It's just a matter of time.

"It's not perfect what happened, but we have a couple hundred million dollar processing plant that is essentially new and largely funded on the backs of PepsiCo and Theo Muller," Hyde said. "We'll eventually have a production facility in there. It's a great asset to have in our community."

Stein, who is also a county legislator, agreed.

"It’s an asset that continues that get a lot of traction," Stein said. "I’m glad it’s in DFA’s hands. It’s the largest dairy cooperative in the nation. As a member, when a deal is worked out, whomever or whatever it’s going to be, it's going to be good for all milk producers in the area one way or another because it’s still milk."

For more than 70 years, there's been a Sallome in the heating and cooling business in Batavia, and with John Sallome Jr. joining his father's business, the tradition looks to continue for decades more, at least.

"I went to school and all my friends were like, ‘it’s pretty cool that you get to work for your own family business instead of going to work for somebody else,' ” John Jr., said.

The 21-year-old Sallome, the son of John and Marianne, graduated from the heating and air technology program at Alfred State, where he was a top student and received the New York Propane Gas Association Ganey Memorial Scholarship Award and Air-Conditioning and Heating Outstanding Student Award.

After graduating from Batavia High School, John Jr. thought he might like to work in computers, but after starting down that path, he found it didn't really interest him, so he went to his dad and said, "I want to work with my hands like you."

John Sr., who joined the business in 1977 while still in high school, working for his grandfather, decided to put him to the test.

"I took him on some of the worst, dirtiest jobs we ever had and he loved it, absolutely loved," John Sr. said.

John Sr., who has no plans to retire anytime soon, said his son joining the business is "a dream come true."

"It’s great that my son has come into the business and I'm looking forward to the future with him," John Sr. said.

The Top 10 students of Notre Dame High School were honored Thursday at the weekly luncheon of the Batavia Kiwanis Club.

Pictured are: Mckenzie Lynn Haller (first row, left), Hannah Bowen, Kyra Stella, Caleb Wolcott, Jordan Weatherwax, Kiwanis President Jocelyn Sikorski, Julia Streeter (back row, left), Theodora Bochicchio, Tyler Reese, Jacob Weatherwax, Erin Phillips, and Christopher Lemley.

A garage fire is reported at 141 Ross St., Batavia.

City fire responding.

UPDATE 11:01 p.m.: City fire on location, smoke showing.

UPDATE 11:02 p.m.: Working fire, second alarm.

UPDATE(S)(By Billie) 11:14 p.m.: Fire is now coming through the roof and the south side of the garage.

UPDATE 11:26 p.m.: The structure is fully involved and flames are shooting at least 20 feet into the air.

UPDATE 11:34 p.m.: The chief on scene reports they're "making some progress" in getting the blaze under control.

UPDATE 11:38 p.m.: The fire appears to be knocked down pretty good; no flames are visible.

UPDATE 11:47 p.m.: Fire under control. Doing overhaul.

UPDATE 12:01 a.m.: City Fire Captain Dan Herberger said shortly before 11 p.m., the call came in for a garage fire on Ross Street. When they arrived a few minutes later, smoke was showing at the 25 by 60-foot structure. "It was a deep-seated fire with a fiberglass boat and several cars inside," Herberger said, adding that the presence of those vehicles amounted to a "tremendous load" for fueling the fire and that the garage was "very difficult to get in," and accessing it was "labor intensive." Firefighters got in through a front garage door; there were no other doors or windows. They had to cut holes in the rear and side of the garage to battle the blaze. The wind wasn't bad, but Herberger said there was "enough to knock smoke in your face and know it was smoke." The breeze also caused some concern about flying embers. The mission was accomplished in short order: "We deployed a line right away, got in right away away and put water on it."

UPDATE 12:50 a.m.: Elba and Town of Batavia Engine 24 back in service.

"A large disturbance of 20 to 30 people" is reported on Maple Street in the city. Batavia PD units are responding along with Sheriff's deputies.

UPDATE 9:43 p.m.: Those involved scattered immediately and were gone by the time officers arrived, which was quickly. Officers are clearing the scene or have done so.

It takes good data to make good decisions and a lot of times when planners are considering housing projects, the developers with the proposals are the ones who have all the data.

A new housing needs assessment for Genesee County will help solve that problem, said Felipe Oltramari, the county's planning director. 

"(Developers) are not going to come into a market where they know there is no need," Oltramari said. "They did their own study, but it's a private study that is focused on their segment of the market."

As part of the needs assessment process, the county hosted an open house at the Senior Center on Bank Street last night, which gave the residents who attended an opportunity to provide feedback on what they see as local housing issues, whether it's too much stock in one place, or of one type, or not enough of something.

Oltramari said the comprehensive study will also use interviews with various stakeholders in the community, whether they be veterans' groups, groups that serve seniors, the disabled and business groups. Officials and consultants will also try to identify the housing needs of Millennials. The goal is to get a broad picture of what is needed, which will help guide planning decisions and maybe uncover undetected needs.

"When a study like this happens, you will be able to put that information out there for some developers who may not be looking at this area," Oltramari said

The study is expected to be completed by December.

Oftentimes developers look at census, sales data and current housing patterns to identify a need in a community -- that same data will be gathered for the county's assessment -- and then try to fit a project into that community. But in a small community such as Genesee County, there are potentially niche needs that private developers won't uncover on their own. The county's housing needs study could identify a potential need and make that information available to developers who might decide trying to fill that need could be profitable.

"We want to make sure we’re looking at all segments of the market," Oltramari said. "One thing we heard, especially when Muller Quaker came, there was no housing for executives and lot of them ended up living outside of the county. When STAMP comes, we want to make sure the same thing doesn't happen."

The county's own study will also be used to confirm, or not, what private developers say is a local need. For example, when DePaul Properties was still pursuing a $25 million project on East Main Street in the City, CEO Mark Fuller said DePaul had identified needs in the city for more housing for disabled people, seniors with diminished mobility and veterans. Asked where those people are now, Fuller said they are most likely living with parents or in substandard housing.  

That could be an example of a market need that isn't readily apparent to most observers, but solid data could help identify.

(The project was stymied by a City Council decision not to change the zoning of the property from industrial to commercial.)

"They (developers, such as DePaul) know that and they might do their own research and come to that conclusion, but we haven’t seen that research," Oltramari said. "I’m sure there is probably that need, because they have a business model and they have to make sure the project is going to work, so there is some evidence, you have to trust that. But it’s nice to really have the tool to show 'yes, there is that need and this is something we should support as a community.' "

A brush fire is reported in the area of 19 Ross St., Batavia, near the Richmond Memorial Library.

City fire is responding.

Robert R. Richmond, 53, of Wood Street, Batavia, is charged with possessing an obscene sexual performance by a child less than 16, and possessing a sexual performance by a child less than 16. Richmond was arrested following an investigation and he is accused of using a publicly accessible computer to view child pornography. The incident occured at 10:15 a.m. on Jan. 20 at an unspecified location in Batavia. Richmond was issued an appearance ticket for City Court at 1 p.m. next Tuesday, May 23. The case was investigated by Batavia Police Det. Eric Hill. (According to Batavia PD, no mug shot is available of the defendant.)

Charles Gregory Monacelli, 43, of West Bacon Road, Albion, is charged with petit larceny. On May 13 at 10:30 a.m., while attending Bontrager's Auction on Wortendyke Road in the Town of Batavia, he allegedly removed a tailgate from a pickup truck that was parked on the side of the road and drove off with it. He was arrested on May 14 and is due in Town of Batavia Court on June 13. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Roy Derwood Hooten, 56, of South Main Street, Oakfield, is charged with promoting prison contraband. Hooten was jailed on May 16 at 3:40 p.m. for an unspecified reason and when he entered the jail he had a walking cane, according to the Sheriff's report. Allegedly later than evening, the cane was found to contain 10 cigarettes. Today, he was charged with promoting prison contraband. Hooten is due in City Court on May 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Matthew Brian Starowitz, 28, of Whitney Mill Road, Elba, is charged with unlawful possession of marijuana and a muffler exhaust violation. Starowitz was stopped at 11:42 p.m. on May 12 on Byron-Holley Road, Stafford, following the observation of a vehicle and traffic violation. The defendant allegedly possessed a quantity of marijuana on his person at the time. He was issued an appearance ticket for Town of Stafford Court on June 16. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Howard Wilson.

Bryan Charles Greek, 31, of Electric Avenue, Rochester, is charged with unlawful possession of marijuana. At 1:40 a.m. on May 13, the defendant was arrested for unlawful possession of marijuana following a traffic stop on Clinton Street Road in Stafford. He allegedly possessed a "rolled cigar" containing marijuana. Greek was issued an appearance ticket for June 16 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young.

A fuel spill is reported at Jackson and Cherry streets in the city. City firefighters are on scene. A first responder says about eight gallons of fuel is on the ground and fuel has spilled into a nearby storm drain. Didn't catch how or why the spill occurred.

UPDATE 5:17 p.m.: A flatbed tow truck towing a car came around a corner and the plastic gas tank of the towed vehicle came off and spilled about eight gallons of fuel. Two of those gallons was captured in a container, most of the rest was soaked up with absorbent material. Less than a gallon went down the storm drain. Jackson was briefly closed but is now reopened. CORRECTION: The car was on the road. The tow truck was only there to pick up the disabled vehicle. The SUV, a Jeep, was not being towed.

Gov. Andrew Cuomo launched the second round of the Downtown Revitalization Initiative, DRI, on Tuesday, investing $100 million into 10 additional downtown neighborhoods across the state.

Batavia’s Economic Development coordinator Julie Pacette said the City of Batavia will be applying for the grant again this year.

“I think this year we will have a stronger application,” Pacette said. “We have had one year to think about it. We have been through the process and have a better understanding of the competition.”

According to a press release from Cuomo’s office, in the first year of the DRI, $100 million was awarded to 10 communities, one in each region of New York State, to identify and implement projects to restore their downtown.

“This new Downtown Revitalization completion will build upon the demonstrated success of round one, allowing even more communities across the state to reach their full potential,” Cuomo said in the press release.

“With this funding, we can provide 10 more forward-thinking communities the opportunity to transform their downtowns into vibrant economic hubs for people to live, work and raise a family.”

Pacette said there is a team meeting within the next week to finalize a plan for the application, but that residents of Batavia should look out for opportunities to offer ideas.

Last year, Pacette organized an event for residents to write and draw on the sidewalks in chalk to show how they would spend the $10 million if Batavia was chosen. Pacette said she will be looking at how to get residents involved this year.

Applications for the second round must be submitted by 4 p.m. on June 14.

One downtown community will be selected by each of the state’s 10 Regional Economic Development Councils. Each council will choose from applications for downtowns that are “ripe for revitalization and have the potential to become magnets for redevelopment, business, job creation, greater economic and housing diversity, and opportunity.”

Secretary of State Rossana Rosado said 123 communities applied for the DRI designation last year.

“We look forward to working with the 10 additional communities nominated by the Regional Councils this year to identify strategic investments for their downtowns that will help attract new and growing small businesses, improve the visitor’s experience and attract more residents to downtown,” Rosado said in a press release.

Clinton and Barbara Worthington held an open house party at their new home built by the Building Trades Program of the Genesee Valley Educational Partnership Batavia Campus on Thursday.

Around 70 students worked on the custom 2,200-square-foot home starting in September, learning technical skills in carpentry and cabinet making, residential wiring, plumbing, and heating.

Clinton said the project went very well and they are very pleased with the home.

Each year, students in the program build a house, getting hands-on experience in residential framing, door and window hanging, electrical wiring, heating systems, plumbing, siding, roofing, drywall installation, and trim on the interior and exterior. Students are also taught blueprint reading, and material codes and specifications.

Building Trades Program instructor Richard Monroe said the students are taught a set of transferable skills through the program.

“In our country, there is a huge skills gap,” Monroe said. “There are not enough trades people to fill the needs.”

Monroe said after students leave the program, some choose to step into postsecondary education. Others can directly go to work making around $75,000 a year.

In the spring of 2016, the Worthingtons decided to build a house at 4828 Ellicott Street Road in Batavia. They began meeting with the Building Trades Program weekly to create a calendar and develop plans for the house.

The Worthingtons designed the open floor plan for the house. Barbara said she likes to entertain, which inspired the plan.

One advantage to having the students building the house is the cost savings, Clinton said.

“We don’t have to pay the students for the labor, which was a huge advantage,” Clinton said. “The only disadvantage was the time frame.”

Clinton said the longer time frame gave them more time to shop.

“You can’t just go to the store and shop for all the stuff in one day,” he said.

Clinton said there were some limits to what they could do. He said if they wanted metal roofs or tile work they would have to subcontract.

“We like living in Batavia,” Clinton said. “[The students] needed a house to build and we needed a house to receive, so it worked out well.”

Genesee Community College is ready to welcome students to campus under the state's new free-tuition plan for SUNY schools, known as the Excelsior Scholarship, said College President Jim Sunser, but implementing the program won't be without a few snags.

First, Sunser said, not all the guidelines and rules have been released yet, so school counselors have less information than is ideal for advising students. Second, the program could have a small impact on cash flow for the college.

The way the program works is, students must successfully complete two semesters of 15 credits each. The state will pay the first semester, but no payments will be released to school for both semesters until the student has successfully completed a full 30 credits.

"From a cash-flow perspective, we would have to wait until the student finishes before we’d see the dollars, so there is an eight-month lag," Sunser said.

Based on the current school population and demographics, GCC expects about 100 students to enroll in the program, and since most would be expected to successfully complete 30 credits, the negative cash flow impact is expected to be something the college can absorb.

Of course, one of the goals of the Excelsior program is to encourage more students to enroll in college, and the college is ready to embrace a higher enrollment if that's the outcome, Sunser said.

"We would very much like to see as many students as possible take advantage of it and take advantage getting an education here in New York, for sure," Sunser said.

The Excelsior program is a "last dollar in" scholarship, meaning if a student has other grants or scholarships, those would be used first to pay for tuition and Excelsior would make up the difference.

Because of the 30-credit requirement, Excelsior may not be the best option for some students who might otherwise qualify, so school counselors will work with students to help them find the best fit.

"When they come in, we’re going to individually advise them through Student Success Center and we’re going to let them know if this is the best possible avenue for them to pursue or even if campus-based scholarships might make more sense," Sunser said. "We’ll work with them one-on-one to make sure they get to where they need to be."

Sunser spoke about the scholarship program after providing the County's Ways and Means Committee with a budget update Wednesday afternoon.

The college trustees have not yet approved the budget, but it's expected that it will call for an increase in spending from $40,537,000 to $40,923,000, which Sunser noted is less than a 1-percent increase in spending. 

"On our budget, we are already cost conscious and make sure we are as responsible as we can be," Sunser said.

The county, as the sponsoring county, is required to make a sponsorship contribution to GCC's budget.

Currently, the county's contribution is about 6 percent of GCC's budget. Sunser said that's the second-lowest sponsoring county's contribution in the state.

In recent years, the amount of the county's contribution has been going up by $50,000 per year. Last year, there was some sentiment on the part of legislators that they didn't get enough time to provide input or deliberate its contribution, so there was no $50,000 increase and Sunser agreed to open up communications with legislators earlier in the process. He said he provided an update in the fall and then yesterday's appearance was made in advance of the final budget being approved.

This year, the college is asking for a $100,000 increase in county share, covering the $50,000 not provided last year and $50,000 for this year.

Sunser said the trustees are looking to approve the budget next week. The committee took no action yesterday on the request.

Hundreds of volunteers spread out throughout the area today to perform a variety of tasks for charities and other civic groups as part of United Way's Day of Caring.

Among the projects, members of the Rotary Club built a new tool shed for the community garden behind the Youth Center off State Street. The garden's organizers had applied for a grant to buy the building materials and the club went a step further, sending over a volunteer construction crew as well.

Other volunteers at the garden helped replace about a third of the raised beds with new, deeper beds, which will make it easier for gardeners to grow carrots and other root vegetables.

There were dozens of projects countywide.

Along with the efforts at the community garden are pictures of the annual Lions Club bicycle repair at Adam Miller Toy and Bicycle, with the bikes going to clients of Arc of Genesee Orleans, and a project by the Batavia Improvement Association to chalk the sidewalks of Main Street with positive art and messages.

Rights of injured workers threatened workers’ compensation and the rights of injured workers has become a hot topic in today’s news. Recently, an Alabama judge has found portions of their state’s Workers’ Compensation Act to be unconstitutional. The judge ruled that the monetary cap for injured workers violates the due process of the law.

Similarly, here in New York State new workers’ compensation laws have been passed that threaten the rights of injured workers. These laws will not only decrease benefits, but also make it more difficult to qualify for benefits.

Our workers’ compensation team at Dolce Panepinto is always fighting for injured workers’ rights and are here to help. We will continue to keep you updated as changes continue to the workers’ compensation system. If you have any questions about your rights or if you or a family member has been hurt on the job, please do not hesitate to call us at 585-815-9003. Click here for more information.