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Traffic pattern change announced for Park Road reconstruction

By Press Release

Press release:

The Park Road Improvement project continues to progress. Utility work is nearly complete. The project will be focusing on roadway reconstruction activities including excavation and removal of the existing roadbed, curb work, street lighting, sidewalks and paving.

To expedite this work, the portion of Park Road between Lewiston Road to Richmond Avenue will be closed to all through traffic beginning Tuesday, July 12, 2022 and will remain closed until the Labor Day holiday.

The portion of Park Road from Richmond Avenue to Veterans Memorial Drive will revert from one-way traffic back to two-way traffic. Daily work zones with reductions to a single-lane traffic are to be expected.

Batavia Downs traffic is asked to enter and exit the facility parking area from the north end of Park Road near Richmond Avenue. Signage will direct Batavia Downs customers and staff to the parking areas.

For traffic needing to access Park Road approaching from Lewiston Road/ NYS Route 63, you are asked to follow the Park Rd Detour utilizing Veterans Memorial Drive.

For traffic needing to access Lewiston Road/ NYS Route 63 approaching from Oak Street/ NYS Route 98 and NYS Thruway, you asked to follow the Route 63 Detour utilizing Veterans Memorial Drive.

All through traffic is asked to avoid Park Road if possible and seek alternate routes. 

STOP-DWI Night at the Ballpark slated for July 14

By Press Release

Press release:

Join Genesee County STOP-DWI and the Genesee County Youth Bureau for a night of family fun as they team up to host the STOP-DWI Night at the Ballpark on Thursday, July 14 at Dwyer Stadium as the Batavia Muckdogs take on Geneva. 

Brooke Jarkiewicz

The first 200 youth through the gate will receive a T-shirt or Muck Bucks for purchases in the ballpark.  Throughout the night, families can take part in a variety of fun and interactive education booths, experience the entertainment of “Balloons with a Twist,” receive numerous giveaways and have a chance to win a bike from Adam Miller Toy & Bicycle.

STOP-DWI needs your help to cheer on Brooke Jarkiewicz and Grace Shepard as they throw out the first pitch of the game.  Brooke and Grace are 2022 graduates of Byron-Bergen who have actively participated in the annual STOP-DWI poster contest throughout all of their high school years.  This dynamic duo has collaborated each year on their submissions successfully garnering multiple awards and recognition with each entry but more importantly, they helped raise awareness to the dangers of impaired driving. 

Grace Shepard

The Genesee County Youth Bureau has 500 free tickets available for youth and their families.  Get your tickets by calling 585-344-3960.  Any remaining tickets will be available the night of the event at the STOP-DWI booth outside the main gate. 

Join us for a great night at the Ballpark and remember impaired driving is completely preventable.  All it takes is a little planning.

Gates open at 6 p.m. and the game starts at 7:05 p.m. 

Event sponsors and contributors: GCASA, Kiwanis Club of Batavia, NY Association of Chiefs of Police, Red Osier Landmark, Salmon Orthodontics, US Gypsum Co., WNY Association of Chiefs of Police,  Batavia Police Benevolent Association, Chapin Manufacturing, Lions Club of Batavia, Marchese Computers, Polish Falcons Nest #493, and Adam Miller Toy & Bicycle.

LEGAL NOTICE: Town of Batavia to hold public hearing on Country Meadows expansion

By Legal Notices

LEGAL NOTICE:

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

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

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

Community Action collecting personal and household items for people in immediate need

By Press Release

Press release:

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

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

Donations can be made in person at:

5073 Clinton Street Road,
Batavia, NY 14020

(585) 343-7798

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

Fun in the Son puts focus on family time

By Joanne Beck

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

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

“We’re home,” Jason said.

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

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

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

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

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

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

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

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

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

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

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

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

For more information, go to Everpresent Church

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

Batavia Club Awards Six Paul Harris Fellowships

By Press Release

Press release:

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

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

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

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

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

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

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

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

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

New Batavia City Schools president, revised code and school resource officer

By Joanne Beck

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

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

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

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

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

Board member John Reigle, whose term ends in July 2024, was elected vice president.

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

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

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

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

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

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

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

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

Click here to view the Code of Conduct 

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

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

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

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

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

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

Law and Order: Batavia man accused of forcing Door Dash driver to touch him

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Police seek information on missing Batavia man

By Howard B. Owens

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

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

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

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

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

Batavia company seeks permit for water, faces opposition

By Joanne Beck

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See related article about the permit process for DEC.

DEC process for permit application

By Joanne Beck

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

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

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

Step 1: Submit an Application

General Requirements for Applications

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

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

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

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

Application Assistance

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

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

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

Submitting Your Application to DEC

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

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

Step 2: Application Review

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

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

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

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

Step 3: Public Notice

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

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

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

Minor projects do not usually require a public notice.

Step 4: Final Decision

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

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

Major Projects:

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

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

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

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

A portion of Richmond Avenue to be closed this week

By Press Release

Press Release

To all motorists, a portion of Richmond Avenue in the City of Batavia will be closed two days this week for road construction between Redfield Parkway and Park Road. The closure will occur between 7 a.m. and 5 p.m. on Thursday and Friday, and is to be re-opened after those time periods each night.

Motorists looking to access Park Road are asked to approach from the North at the intersection of Park Road and Veteran’s Memorial Drive.

If there are any questions concerning this work, please, contact The Town of Batavia Highway Department at (585) 343-1729, Extension 218.

Thank you for your cooperation in advance.

Batavia district residents invited to public hearings about code and second $100k resource officer

By Joanne Beck

Batavia City Schools residents are invited to not one, but two public hearings about the district's conduct code and the addition of another school resource officer at about $100,000 a year.

The hearings are part of combined reorganizational and regular meetings of the board this week. The session is to begin at 6:15 p.m. Thursday in the Superintendent’s Conference Room at Batavia High School, 260 State St., Batavia.

Public hearings are scheduled after what is usually a boilerplate type of meeting to plug in various district details, including swearing-in of board members, electing the president and vice president, and appointing people to a yearly list of roles. The list is fairly long and varied, from a school pesticide representative, tax collector, and purchasing agent to a faculty auditor, data protection officer and an extracurricular activities account treasurer.

Other board action includes votes to approve miscellaneous items, including the mileage reimbursement rate, existing bylaws and policies, and staff attendance at conferences and similar training.

Hearings are to follow for the review and public input of a District Code of Conduct and then of a School Resource Officer Contract to hire a second officer for the district. A prior hearing about the Code of Conduct brought out no one for comment. The school resource officer is obtained through the city of Batavia and its police department, with the school district picking up the tab. Each officer costs -- in salary and benefits -- approximately $100,000 each, Police Chief Shawn Heubusch confirmed with The Batavian.

Superintendent Jason Smith is to provide the review of each topic, and district residents are invited to sign up prior to or during the review to voice comments or questions. Speakers are given a three-minute time limit each per topic. 

Smith and Business Administrator Scott Rozanski had previously discussed that payment would be possible with leftover federal grant money (American Rescue Plan Act) paid out for COVID-related initiatives and responses. There is about $200,000 from that ARPA money available for another resource officer, Rozanski said.

After the public hearings are closed, a regular meeting is to commence with district “Good news to share,” a superintendent’s report, board votes for various appointments, contracts, a district strategic plan, Code of Conduct, and school resource officer services.

These meetings may be viewed on YouTube

For more information, go to bataviacsd.org

Positive vibes about Ramble, but concern about its venue redesign

By Joanne Beck

It’s fair to say that Stephen Kowalcyk is intense about what he does.

He has a passion for all things music — from playing the drums to working on the production elements of shows big and small. He might be doing the sound and lighting for a small town bar one night and then for a James Taylor concert the next. It has been his life now for the last two decades.

“I was a drummer since I was a little kid and that's what got me into this. I originally started playing in bands in Jackson Square and bought some lights for my band that I was in, and then when that band broke up, people kept calling me to bring the lights to shows, and next thing I know, I realize I can make money at it. And 20 years later, I'm doing some of the biggest names in the country,” Kowalcyk said to The Batavian during the annual Ramble. “I’ve been in 40 states, toured as a lighting designer, I've been a drummer in some regional bands. I do sound and I'm a union stagehand for some of the biggest concerts at Darien Lake and the Sabres arena, the Blue Cross Arena. I've done in the past month everything from cover bands to Kenny Chesney. So that's what I do for a living.”

A Batavia resident and volunteer fireman with the Town of Batavia, he is a partner with Genesee Production Group, which is “basically a bunch of sole proprietors that all work together,” he said.

As Batavia Ramble hit its 15th year this past weekend, Kowalcyk wants to see the venue of Jackson Square get better and better. He and co-organizer Paul Draper, with help from Jordann Luce, had nothing but praise for how this last Ramble went. Record attendance, beautiful weather, a great line-up of talent and but a few “hiccups,” as Kowalcyk described them. The two-year pandemic break made for a small learning curve to get back up and running smoothly,  he said.

This year featured input from GO ART!, which pleased the Ramble organizers, they said. A variety of cultures, performances, food and art lined Jackson Street for a good part of the day, with Ramble musicians finishing out the late evening in the Square. A basket raffle housed inside Eli Fish was to raise money for kids’ music lessons. That was a plan before Roxy’s owner Rose Caccamise died, and now Kowalcyk and Ramble co-organizer Paul Draper are looking for another nearby music store and teachers to help with the effort.

“We have a larger kids section this year than we've ever had, thanks to GO ART! And that has been extremely helpful. I've seen a lot more kids here than we have in the past,” he said. “So having kids here is something that we wanted to do before. But Paul and myself were never really good at that. We didn't know how to advertise for that and how to do that.”

All of the positives aside, Kowalcyk is perhaps a bit "protective," he said, about the space at Jackson Square and an impending redesign. The city has been awarded a Downtown Revitalization Initiative grant of $750,000 for a project to “transform public space in a public plaza.” Grant specs state that an upgraded plaza is to become a “lively hub and common space for community interaction” while also providing connections to multiple businesses throughout the alleyway.

Who's involved ...
Architectural Resources is the city's firm in charge of the redesign. The city hosted two public meetings in 2021 to gather input from community members regarding the space. The initial plan was to begin construction in the fall of 2021 for a revamped Square by the spring of this year. Bids for the work have been rejected twice due to not fitting the financial cap for the project. City Council more recently rescinded acceptance of a contractor after the company raised the initial bid.

Kowalcyk and Draper want very much to be part of the redesign process and feel that they have been left out in these final stages.

“I have my own opinion on how this area should be taken care of, as I played my first gig here 20 years ago. So it's kind of, it's very sensitive to me, this area's worries,” Kowalcyk said. “One of my first gigs ever was here in 2002-2003. I’ve been playing with bands since then. And it's actually been really huge to the music scene here. A lot of people my age can say that they played some of their first shows in Jackson Square. So it's very sentimental to people our age because in the early 2000s, that was one of the very few places that people that weren't 21 could play shows. So we don't want to see it turn into something that it's not … it's not an amphitheater, we know that. But we also know that being a free and open venue that the city allows us to use, it's a great asset to the city and to our music scene.”

Wanting to be more involved ...
Based on the last plans he was aware of, Kowalcyk heard that the roof would be made of glass, the stage wouldn’t be very high and a handicap-accessible ramp was targeted for the front of it. He appreciates that City Manager Rachael Tabelski “was very good to me once she realized how much it meant to us,” he said. But after those initial conversations with the design team, “there’s been no communications with us.”

“And obviously, I will straight up say, this is the largest event that happens in Jackson Square. We should be a part of the conversation on what happens with the design team. And I feel like we weren't a part of that initially until I kind of stuck my foot in the door and said, ‘Hey, we really need to be, you should listen to what we have to say. Because we have a lot of people that have a strong opinion on what happens back here.’”

The Batavian emailed questions to Tabelski, who said that her response is the same as it was when Kowalcyk and Draper spoke out in 2021. Input from citizens has been “heard and considered, and incorporated into the design,” she said, including those affiliated with the Ramble, which happens once a year.

“For the design side and bidding, we have to use a professionally licensed architect and engineer to complete the project for safety and liability reasons. The City will continue to look at the project and get the best outcome for the public gathering space and fulfill the DRI funding commitment,” Tabelski said.  “Just like with many public works projects, after citizen input is solicited and incorporated, the design/engineering/construction process is managed by professional city staff.  In this case, the project should already have been completed and I will be re-evaluating the architectural bid specs and seeking modifications so we can achieve an on-budget construction project that enhances Jackson Square.”

No throwing of stones, just suggestions ...
Well, if by chance the architects are listening, Kowalcyk wants to pitch his thoughts: no ramp right in front of performers and a solid roof for the stage “would prove beneficial.” Glass is a nice design element, he said, but given the open space with little shade, glass could make it unbearable for performers on a hot sunny day.

“We need shade at this time of year and almost every year when we do this. It's nearly the longest day of the year, and it's almost one of the hottest days of the year. Yeah, so we're looking for shade. That is the biggest thing,” he said. “Everyone knows that I'm a liaison between this event and the city, okay, so they've been coming to me, and I've been getting emails and phone calls and text messages saying you cannot let them go with a glass roof.”

Another complaint he’s been hearing is that a large portion of that $750,000 was going to replace the concrete and brick in Jackson Square. It wasn’t that long ago since it was last repaired, he said, and “really not that bad.”

“I hate to see the majority of our budget go to that aspect, where I don't think it's going to make that much of an improvement. The average person's not gonna come in there and see that much,” he said.

No disrespect to the design team, he said, but other missing elements (as far as he’s aware) include permanent lighting for night show options and a screen that could be pulled down for movies and other uses.

“With the right design of a stage, we could have built a little small AV corner to do that. And we're only talking hundreds of dollars, not thousands of dollars. It would have been easy to do the power button,” he said.

After speaking with a member of the City Council last year, Kowalcyk said he was told that the DRI grant was on a timeline and that money had to be spent and work completed to fulfill the requirements as a “use it or lose it” situation.  The member had indicated that it would be better to “get it done and then fix it later.”

“And I’m like no, that is not how you do that. That is a PR nightmare; you do not fix it after the fact,” he said. “I would like to do it right the first time and not come back and try to fix it because, why spend the extra money?”

To be clear, this was one person’s remark to Kowalcyk and apparently not an official comment about the design team’s approach.

Other team players ...
Kowalcyk has a sincere interest in promoting and utilizing the Square for a full plate of events beyond the Ramble, he said. He hopes to work with the Batavia Business Improvement District for future Rambles and other ideas, as the Square is right in BID’s backyard. BID has hosted the Jackson Square Friday night music series for several years, plus some Thursday nights this summer.

The Batavia BID board is updated monthly on the project, and has provided feedback to the City through the process, Tabelski said. BID Executive Director Shannon Maute said Tuesday that she is “open to anything” that would benefit the downtown area. She didn’t know why Ramble and BID organizers ever stopped collaborating on the effort, but she would be willing to do so, Maute said.

As for the Jackson Square redesign, aside from cleaning up the area, leave well enough alone, she said. An old relic of the past, it's a nostalgic space that she appreciates.

“As for me personally, I want it the way it is … it’s one of the very few things unchanged in downtown. The stage has worked,” she said. “If the city wants to revamp it, I’m fine with that as well.”

Kowalcyk likewise wants to work with the BID, he said. His vision of the Ramble is to perhaps make it a two-day event. As for the venue, he’d like to include affairs beyond the current line-up, such as themed DJ, 80s, hip-hop nights and other genres. 

“In the future, I see us actually being involved together, I fully plan on working with them. It just didn't happen this year, because we got far behind on where we wanted to be. GO ART! actually approached us to work together on this event. We've talked to them in the past and said that this would be a great event to work together on, and it didn't come to fruition. So this year it actually benefited both of us at the same time. It's been great working together; it’s fun.”

As co-organizer Paul Draper said, they believe Jackson Square is “a great space, a wonderful space, and it should be utilized to the maximum amount.”

“And we’ve just got to make sure that what they're planning is going to be able to benefit that, I guess,” Draper said. “I don't ever want to leave the square, I think this is a beautiful spot. It's just, you know, it's kitchy coo. For visibility, … I think we did a really, really good job. GO ART! is doing a fantastic job on the other end of it. So I'm happy with what we've been able to do so far. So going forward, just kind of what we've been doing is, changing, building up, seeing what works, what doesn't work, and kind of go from there. But I like what we have to offer this year.”

He and Kowalcyk agreed that one of the Square’s best-kept secrets — and not always fully recognized — is that it allows musicians that typically are in their own venues to get together, see one another and enjoy that rare time together.

“It's an interesting thing because a lot of us are in bands. We don't necessarily get to go out and see our friends that are in bands because we're in bands playing,” Draper said, as Kowalcyk admitted he had never thought of it that way.

“This is like the only time where we can actually see all our friends play in the same place,” Kowalcyk said. “That's actually really cool.”

Photo: Batavia Ramble organizers Stephen Kowalcyk, Jordann Luce, and Paul Draper take a moment on July 2 to pause during this year's music and arts festival at Jackson Square. Photo by Howard Owens.

BSA hosting plein air demo by Batavia artist Kevin Feary

By Press Release

Press release:

The Batavia Society of Artists is hosting artist Kevin Feary in a Plein Art Painting (painting outdoors) demonstration on Tuesday, July 12 from 6 to 8 p.m. 

The demonstration will be held at Karen's Yarn, Paper and Scissors, in the back yard, at 550 E. Main St., Batavia. Bring a lawn chair. 

Non-members are welcome for a $5 fee.

Kevin will base a quick demo on how to capture light effects through observing how the light hits a bush or potted plant or some other simple object. There will be something in Karen's backyard we can use to get sunlight where he can demonstrate how the light hits an object and how we can create an impression of that on our canvas.  He will also try to demonstrate how to paint scrub and weeds to add interest. People can bring their paint gear and give it a try, kind of like a short class, hands-on thing.

Kevin will do his best to keep it quick so people can try it if they want.

'Mary Todd Lincoln' to visit Richmond Memorial Library on July 16

By Press Release

Press release:

Mary Todd Lincoln to visit Richmond Memorial Library

Richmond Memorial Library is pleased to host librarian Laura Keyes of Historic Voices as she portrays Mary Todd Lincoln on Saturday, July 16 at 2 pm. The program will take place in the Reading Room and is free to attend. All are welcome!

Mary Todd Lincoln lived a life filled with triumphs and tragedies but few people know her story. Now, librarian Laura Keyes shares Mary’s story in an entertaining and educational program entitled “Mrs. Lincoln in Love,” which is set on January 31st 1862, when Mrs. Lincoln and her family are settled comfortably in the Executive Mansion. Visiting with ladies during Afternoon Tea, Mrs. Lincoln reflects on the Loves of her Life – her children, her husband, and her country. She even shares some of Mr. Lincoln’s love letters to her! Learn how Mary’s knowledge of both politics and social customs made it possible for a backwoods frontier attorney to achieve the highest office in the land.

Laura Keyes graduated from the University of Wisconsin-Madison with a Master’s Degree in Library Studies and is Director of the Dunlap Public Library. Laura is a lifetime member of the Association of Lincoln Presenters, and in 2017 won the Mary Todd Lincoln Oratory Contest at the Lincoln Days celebration in Hodgenville, KY.

For more about Laura Keyes, visit www.LauraFKeyes.com or visit her Facebook at facebook.com/HistoricVoices. Find more programs and events at Richmond Memorial Library at batavialibrary.org/calendar. Summer Reading programs for children, teens, and adults are now in full swing! Visit the library or the website for more information.

Photo via LauraFKeyes.com 

Northgate Church to host children's summer camp

By Press Release

Press release:

Northgate Church is hosting a children’s summer camp, On The Case, July 11-15. 

This week-long camp will be structured for children ages 3-9.

Kids Camp will run Monday through Thursday, July 11-14 (9 a.m. to 3 p.m.) and Friday, July 15 (9 a.m. to 1 p.m.) with lunch provided.

The camp will take place at Northgate’s North Campus located at 8160 Bank Street Road, Batavia.

The cost per camper is $125 with a subsequent discount for multiple children. 

Pre-registration is required.

Applications and cost descriptions are available here: ​​https://northgatefmc.churchcenter.com/registrations/events/1300091

Scholarships are available.

If you have any questions about the camp, please email leah@northgatefmc.com or visit northgatefmc.com 

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