Stories from

Press release:

Congressman Chris Collins (NY-27) today denounced actions by New York State Attorney General Eric Schneiderman to bring a lawsuit against the Trump Administration’s decision to either rescind or revise the Waters of The United States (WOTUS) rule imposed by the Environmental Protection Agency (EPA) under President Obama.

In 2015, the Obama Administration finalized their WOTUS rule giving the EPA and U.S. Army Corps of Engineers (USACE) expanded jurisdiction over bodies of water including farm ponds, storm drains, and wetlands. The Obama rule, if implemented, would have increased permitting costs, lead to unnecessary litigation, and pile on red tape for anything from a construction site to a farm.  Adoption of the flawed WOTUS rule will have disastrous effects on agriculture, small business, and municipalities across the country. 

Realizing how devastating the Obama edict would be to local farmers and communities, President Trump signed an executive order in February 2017 to roll back the WOTUS rule. The Trump executive order instructed the EPA and USACE to begin the process of withdrawing the Obama rule with the EPA filing paperwork to suspend the rule for two years while they work to replace it.

“Yet again we are seeing Attorney General Eric Schneiderman catering to the liberal left and disregarding anything that is good for Western New York,” Collins said. “He continues to meddle with federal policy by supporting an Obama rule that would create confusion, increase costs, and place huge burdens on our nation’s farms, state governments, manufacturers, and just about any type of business resulting in detrimental economic impacts.”

Collins has been a vocal advocate for withdrawing and rewriting the Obama WOTUS rule since he was elected to Congress, something that has received strong bipartisan support in the House of Representatives. Implementing Obama's rule would contradict two Supreme Court decisions, as well as many state and tribal water laws. 

Collins added: “It is ironic that as we are heading into an election year, we are seeing more and more frivolous lawsuits from the Cuomo Administration and his left-wing allies. It is sad that instead of figuring out how to cut New York’s bloated budget and protect New York property owners and businesses, Cuomo and Schneiderman continue their never-ending effort to score political points at the cost of our State’s economy and the taxpayers who pay the bills.”

Press release:

“This week continues state leader’s assault on law-abiding, middle-class families. Last night was free college tuition for illegal aliens pushed by New York City liberals – a $27 million expense on the backs of taxpayers.

“Last week, Gov. Cuomo’s administration rolled out free tablets for prison inmates, - a luxury we should be working to provide for school children and libraries before convicts.

“While downstate liberal elites are fighting for convicts and illegals, I’ll be fighting even harder for the middle-class. These are the hardworking men and women we should be working to protect, not illegal aliens and criminals.”

Eli Fish Brewing Company, in the Newberry's building downtown, might be less than a month away from opening.

Co-owner Matt Gray said construction is done. Now it's just a matter of waiting for the delivery of the rest of the furniture and kitchen wares.

Starting today, four managers are working full-time at the restaurant and brewery. Next week, there will be an open interview period for potential staff members.

Gray said his partner, Jon Mager, should be able to start brewing beer next week, which is one of the big decisions because it will take four weeks for the first batch to be ready to serve.

"Which puts us in a real bind," Gray said. "Do we open on March 1 or do we wait another three weeks so we have our own beer on tap?"

The target date for the FreshLab winners to open their food booths is April 1. The winners have not yet been announced.

There are four apartments on the second floor just about ready for occupants. The rental rates will be from $850 to $950 for the one-bedrooms and $1,250 for the two-bedroom apartment (which features a large living room and dining area and a large master suite with a dual-head shower).

There's space on the third floor for three apartments. One will be either two or three bedrooms and possibly a balcony/deck in the back of the building. The Newberry building is one of the projects under consideration for a Downtown Revitalization Initiative prize and if selected, the money will be used to finish these apartments as well as a patio/seating area at the back of the restaurant in Jackson Square.

"I'm excited," Gray said. "Jon is excited. I've just got to get it open. Not only has it been a long time and a big project, we're pushing it. Our staff is ready to go. We're ready to go. We need to start changing the flow of cash."

A motor-vehicle accident with possible serious injuries is reported in the area of 11128 Alexander Road, Alexander.

The location is near Stroh Road.

Mercy Flight out of Buffalo is being put on in-air standby.

Alexander fire and ambulance and Mercy EMS dispatched.

UPDATE 12:03 p.m.: One patient, leg and back injury. The other driver out of vehicle and walking. Road is completely blocked.

UPDATE 12:10 p.m.: Injuries not believed to be serious. Mercy Flight can stand down.

UPDATE 12:31 p.m.: Alexander 10 is transporting one patient to UMMC.

UPDATE 1:15 p.m.: The patient is an 18-year-old female driver who was seat-belted and complained of left and right leg shin pain and back pain.

Triton A. Drock, 23, of Buell Street, Batavia, is charged with criminal contempt, 2nd. Drock is accused of failing to be a witness in a Grand Jury hearing after being legally summoned. Drock was jailed on $2,500 bail.

A 17-year-old resident of Batavia was arrested on a warrant. The reason for the warrant was not released. The 17-year-old was jailed on $5,000 bail.

Shannon L. Klinkbeil-Heyday, 41, of Liberty Street, Batavia, is charged with petit larceny and falsifying business records. Klinkbeil-Heyday is accused of making fraudulent returns and keeping the refund money.

Christopher S. Bump, 23, of Briarwood Drive, Batavia, was arrested on a warrant. The reason for the warrant was not released. Bump was ordered held in the Genesee County Jail.

Torrence C. Greene, 27, of Wearing Road, Rochester, is charged with two counts of criminal possession of a controlled substance, 3rd. Greene was arrested at 1:09 p.m. Friday following a police response by officers James Prusak and Frank Klimjack to a report of a disturbance on Walnut Street. Greene is accused of possession of a narcotic with the intent to sell. He was jailed without bail.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with aggravated harassment, 2nd. Misiak is accused of threatening a member of the Genesee County Sheriff's Office in a voicemail.

Jacob John Bukowski, 30, of East Park Street, Albion, is charged with unlawful possession of marijuana. Bukowski was allegedly found in possession of marijuana in the Town of Alabama at 3:30 p.m. Saturday by Deputy Kevin Forsyth.

Stephen Michael Milroy, 23, of Creek Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and failure to notify DMV of change of address. Milroy was stopped at 12:48 a.m. Saturday on Route 20, Alexander, by Deputy Erik Andre.

Michelle Amber Condidorio, 36, of South Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, and moving from lane unsafely. Condidorio was stopped at 2:01 a.m. Saturday on Telephone Road, Alexander, by Deputy Andrew Mullen.

Richard JM Button, 27, of Heritage Estates Street, Albion, is charged with unlawful possession of marijuana. Button was allegedly found in possession of marijuana and paraphernalia during a traffic stop at 4:48 p.m. Thursday on Judge Road, Alabama, by Deputy Austin Heberlein.

Jennifer Sue Davis, 38, of Webber Avenue, Oakfield, is charged with DWI, speed not reasonable and prudent, and uninspected motor vehicle. Davis was charged following an investigation into an accident reported at 8:52 p.m. Thursday on Downey Road, Batavia, by Deputy Austin Heberlein.

Gabriel A. Tapia, 19, of Woodhaven, is charged with unlawful possession of marijuana. Tapia was charged by State Police after allegedly being found in possession of marijuana at College Village at 11:16 a.m. Saturday.

Jacqueline M. Kobee, 28, of Buffalo, is charged with possession of controlled substance not in original container, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and aggravated unlicensed operation. Kobee was stopped at 1:54 p.m. Saturday on Route 77 in Pembroke by State Police.

An 18-year-old resident of Batavia is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana at 9:58 p.m., Saturday, at College Village, by State Police.

Michael T. Morasco, of Batavia, is charged with driving while impaired by drugs and moving from lane unsafely. Morasco was stopped at 11:52 a.m. Friday on Route 63 in Pavilion by State Police.

Town of Batavia Volunteer Fire Department's annual awards and installation dinner marked its 70th anniversary and Earl Dorman, an original 1948 member of the department, was honored with a Service Award.

Also receiving a Service Award was Renee Long.

Joshua Boyle was named Firefighter of the Year and Top Responder.

Gary Diegelman received the President's Award.

Boyle receiving Top Responder award from Chief Dan Coffey and Corporate VP Nate Fix.

Coffey and Boyle, Firefighter of the Year and Top Responder.

Gary Diegelman received the President's Award, with Coffey, Fix, and Corporate President Scott Garlock.

Joyce Diegelman was recognized for her 65 years of serving the department.

I spotted another Little Free Library in Batavia today. This one on Montclair Avenue.

Genesee County 4-H hosted a Valentine-making workshop today at JOANN Fabric and Craft Store in Batavia. Children who participated made Valentine cards to distribute to local veterans.

There wasn't enough snow on the ground today to bring out the snowmobiles but members of Sno-Packers in Oakfield gave ATV rides to clients of Arc of Genesee Orleans today.

About a dozen kids showed up over the course of the evening for skating under the lights at DeWitt Recreation Area last night. The Batavia Kiwanis Club served free hot cocoa.

A motor-vehicle accident is reported at Main and Bank streets, Batavia, believed to be with injuries.

City fire and Mercy EMS dispatched.

UPDATE 10:15 a.m.: No injuries. 

A car has reportedly rolled over after striking a deer in the area of 653 Bloomingdale Road, Basom.

It's believed injuries are minor.

A chief reports on scene one vehicle on its side in a ditch.

Alabama fire and Mercy EMS dispatched.

UPDATE 9:21 p.m.: Alabama command reports no injuries at this time.

Country Max, the pet and garden supply store at 610 E. Main St., is closing with the last day of business planned for Valentine's Day, Feb. 14.

None of the regional chain's other 15 stores are closing.

Owner Don Payne said employees of the Batavia store are being offered jobs in either Geneseo or Brockport.

"We had entered that location more than seven years ago with a great deal of optimism but it has just not worked out," Payne said.
"We just have not been able to bring the stores business along far enough to make it even cover the costs."

The decision to close the store, he said, wasn't easy.

"We certainly leave the area with a heavy heart and wish to thank all of the people that have shopped at our store over the years," Payne said.

The planning committee for the Downtown Revitalization Initiative will ask project leaders from seven project applications to make a presentation about their project at a future committee meeting, committee members decided during a meeting at City Hall this morning.

The projects are: 

• Carr's Reborn
• Ellicott Place
• Theater 56
• Healthy Living Corridor
• Healthy Living Center
• BID marketing/branding
• Public Market
• GO Art!

The committee is either looking for more information, to clarify other funding sources, to ask if the amount of DRI funding for the project could be reduced, or just to better understand the projects.

The DRI is a $10 million prize received by the City of Batavia from the state to help fund a variety of downtown projects intended to increase traffic and business in the city's primary business and cultural center.

Several other projects, the committee felt, were complete applications already and no additional information is required, such as Ellicott Station, Newberry Place, Jackson Square, renovations to the second floor of 206 E. Main St., and the Masonic Temple Building.

Six other projects were selected for a group submission; however, the applicants will need to go through a process similar to the state's Main Street Program, which provides funding at 75 percent of the project's total cost. Those projects include building renovation to 39-43 Ellicott St., Borrell Gym, facade work for 214 and 216 E. Main St., and Batavia Showtime.

This morning's conversation included some concern about some of the projects under consideration. 

Committee Co-Chairman Eugene Jankowski said he's hearing objections from local residents to using DRI prize money for the Healthy Living Center, which is a nonprofit, tax-exempt project. He said people felt the project backers, UMMC and the YMCA, being nonprofits, have other funding avenues not open to local business owners competing for DRI money. City Church Pastor Marty Macdonald shared the same concern and it was his perception that the project was well underway before the DRI award was made to the city.

Co-Chairman Steve Hyde said he was part of the project in its early stages -- he resigned after being selected for the DRI committee -- and he said organizers knew the city was applying for the DRI prize and that the potential of the grant was always part of the potential financing plan for the center.

There is also concern that the project is seeking $5 million, or half of the $10 million pie.  

Similar concerns were raised about the $3 million for the mall and $5 million for renovations to Ellicott Street (a median, plus pedestrian and bike paths).

Committee member John Riter expressed concern that both of these projects aren't far enough along and aren't able to provide the committee with enough information.

Hyde said the Genesee County Economic Development Center is taking a lead role in the revitalization of the mall and suggested that perhaps the mall should be included with a $1 million request to provide some start-up funds for the potential $30 million project. He said there is a developer interested but there needs to be some preliminary work done.

The committee appeared willing to consider that request.

The committee will present a list of projects totaling $15 million in requested funding and state officials will select the final winning projects for a total prize of $10 million. The current list is at $16,187,000.

At $197 per user per year, the price Village of Alexander residents would be asked to pay for a new water system seemed quite a bargain to at least one person who attended an information session at the Alexander Fire Hall on Thursday night.

"When I compare this to my cable bill, and water is an essential of life and cable isn't, this is cheaper than my cable bill," said Dawn Townsend at the end of the hour-long meeting.

Consultants Steve Mountain and Jeff Smith laid out for the residents the engineering and financing of the project and then answered questions.

The goal of the project is to replace an aging and break-prone water system that is also susceptible to spreading contaminated water, with all new water lines from the water source in Attica to and around the Village.

In all, 30,000 feet of water main would be replaced with new eight-inch and 12-inch PVC pipe. The Village would also receive new fire hydrants, a new pump station, and new water meters at each residence.

As a result, asbestos would be eliminated from the system and the potential for lead contamination would be eliminated. Water quality would likely improve and residents -- and fire hydrants -- would receive increased water pressure.

The total cost of the project is an estimated at $3.97 million. While that's an estimate contingent on final plans being drawn up, Mountain said he feels comfortable with the estimate based on what he's observed with the Village of Elba recently undertaking a similar project.

Village officials have identified a water infrastructure grant that would cover $2,382,000 -- or 60 percent -- of the cost.

The Village would borrow $1,588,000 through a program that would reduce the interest rate by a third, making it approximately 2.26 percent over the 30-year life of the loan.

The annual debt service per water customer then would be $197 each.

Without the grant and without the low-interest loan, the cost would have been $568 per user per year.

While the Health Department has put the Village on notice about low levels of contamination, particularly for haloacetic acids (HAA), a byproduct of the water cleaning process, concentrations are low enough that there is no health threat.

The new pipes wouldn't trap HAA the way metal pipes do currently, thereby reducing the amount of the chemical in the water system.

The other benefit for residents is that the new system and new hydrants should help improve the insurance service rating, which should mean lower insurance premiums for homeowners.

"We're going to make sure everything we do increases this rating as high as we can," Mountain said.

Smith said Village officials will continue to pursue grants that may come available to help reduce the per-user cost further.

There was a water main break in the Village awhile back that cost $200,000 to repair. In that case, an emergency grant helped cover the repair cost, but Smith said Village residents can't always count on those kinds of funds being available to cover future breaks.

The new system should have a practical useful life of 80 to 100 years.

Jacqueline M. Saeli, 52, of North Lake Road, Corfu, is charged with two counts of third-degree arson and one count of second-degree criminal mischief. Saeli is accused of starting a fire at 5:33 a.m. Jan. 6 at 8455 North Lake Road, Pembroke. The fire destroyed a shed and a Harley-Davidson motorcycle. Investigators say the shed and motorcycle were the property of her ex-boyfriend. The incident was investigated by Deputy Ryan Young, Investigator Christopher Parker, with assistance from the Pembroke Volunteer Fire Department and the Emergency Management Office. Saeli was arraigned and released under supervision of Genesee Justice.

Darcia Marie Golda, 46, of West Main Street, Batavia, is charged with third-degree grand larceny. Golda is accused of stealing more than $31,000 from her employer, Rite Aid, at 4155 W. Main St., Batavia, between October 2016 and September 2017.

David Allen Gurgir, 56, of Hulberton Road, Holley, is charged with two counts of conspiracy, 4th, and four counts of conspiracy, 5th. Gurgir is accused of working with two accomplices to purchase a truck and complete all of the associated paperwork under false pretenses.

Daniel L. Schmiegel, 32, of Basom, is charged with two counts of criminal possession of a weapon, 3rd. Schmiegel is accused of possession of an assault rifle and an ammo clip. Schmiegel was arrested by State Police. No further details released.

Maurice G. Leach, 41, of Batavia, is charged with resisting arrest, unlawful possession of marijuana, endangering the welfare of a child, fleeing a police officer in a motor vehicle, 3rd, aggravated unlicensed operation, using a vehicle without an interlock device, reckless driving. Leach was arrested by State Police in relation to an incident reported at 8:42 p.m. Thursday. No further details released.

It is once again cold enough to open the outdoor skate rink at DeWitt Recreation Area.

County Parks Director Paul Osborn said the rink will be open all day until 7:30 p.m.

The Kiwanis Club of Batavia is hosting the evening skate and will serve free hot cocoa this evening.