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Press release:

Senator Michael H. Ranzenhofer (R-C-I, Amherst) has introduced legislation (S7397) today in the State Senate to establish tax parity between Batavia Downs and other gaming facilities in New York State.

“New York State imposes one of the highest tax rates on Batavia Downs, and it’s one of the smallest gaming facilities in our region,” Ranzenhofer said. “This regressive rate deprives taxpayers across 15 counties an equitable portion of revenues.

"Lowering the tax rate will make Batavia Downs more competitive with other gaming facilities while ensuring a fairer share of revenues are returned to taxpayers through our local governments.”

In 2015, the facility had a total economic impact of $83.4 million, generating $21.5 million for state education funding, and $3.4 million to participating municipalities.

“We applaud Senator Ranzenhofer’s legislative efforts to level the playing field for Batavia Downs Gaming. This bill will allow us to return more resources to our member communities,” said Western Region Off-Track Betting Corporation (WROTB) Board of Directors Chairman Richard Bianchi.

The legislation would lower Batavia Down’s taxes paid to New York State by increasing the facility’s portion of net winnings from 35 percent to 41 percent. If enacted, the act would take effect on April 1, 2019.

Under existing state law, the oldest nighttime harness track in the country pays one of the highest effective tax rates among gaming centers in the region.

 

Gaming Operation

Facility’s Portion of Net Winnings* (%)

Batavia Downs

35

del Lago Resort & Casino

70.18

Vernon Downs

41

Hamburg Gaming

41

*2017-18 Fiscal Year

 

Batavia Downs Gaming, operated by WROTB, is a standardbred racetrack and gaming facility. WROTB is a public benefit corporation – owned by 15 Western New York counties, including Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne, and Wyoming, as well as the cities of Rochester and Buffalo. Since its inception, WROTB has generated hundreds of millions of dollars in operating and surcharge revenues to the residents of those participating municipalities.

Press release:

Nick Stankevich spoke to about 30 constituents in the Town of Pavilion late Thursday afternoon. The gathering was hosted by Sarah Noble-Moag, of Noblehurst Farms.

Farmers, teachers, business owners and other local residents had the opportunity to meet the only rural congressional candidate in New York's 27th District.

He covered a range of questions from rural Internet access to immigration reform.

Stankevich acknowledged that there is a lot of work to do but it must be done by working with the people, making fiscally responsible economic choices and putting people first.

Dozens of people turned up at T.F. Brown's last night for a goodbye and thank you party for Jason Molino, who is working his last day as Batavia's City Manager today.

Above, Molino with County Manager Jay Gsell and Max Pies co-owner Steve Pies.

Molino with council presidents. From left, current council president Eugene Jankowski, and former council presidents Marianne Clattenburg and Bruce Tehan, who was council president in the 1980s, before Molino came to town, but wanted his picture with Molino and the other council presidents in attendance.

Recent rain has washed away whatever salt remained on roadways and with temperatures dropping to below freezing this afternoon, the wet roadways are likely to ice over.

That's the warning of the National Weather Service and the same message from County Highway Superintendent Tim Hens when we happened to speak last night about the coming storm.

The storm tonight and tomorrow will bring heavy, wet snow, making driving conditions difficult and very different from the drier snow of recent storms. Drivers need to slow down, Hens warned.

Temperatures will start dropping between 1 and 3 p.m. in Batavia, bringing freezing rain and sleet. Bridges and overpasses will likely freeze over first.

While plow trucks will be out spreading salt, drivers should use extra caution.

Areas of previous flooding could also freeze over.

The National Weather Services advises drivers to plan accordingly.

Between tonight and 4 p.m. tomorrow, from nine to 17 inches of snow is expected.

UPDATE 2:13 p.m.: Stegman Road in the Town of Batavia is closed due to high water.

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

New York Times: Facebook Is Changing. What Does That Mean for Your News Feed?

A storm coming into the area tomorrow that promises high winds and a foot or more of snow has convinced organizers to reschedule a trip to Batavia that had been planned for this Friday and Satruday for author David Fitzpatrick. He lives in Ann Arbor, Mich., and was going to talk about his 2017 book "Emory Upton: Misunderstood Reformer." 

Fitzpatrick's presentation at the Holland Land Office Museum is rescheduled to 7 p.m., March 2. He will also participate in a panel discussion the following day at Genesee Community College. More details on the GCC discussion will be announced later.

Many people had reserved a seat for Fitzpatrick's talk at HLOM, said director Ryan Duffy. The room tomorrow night would have been at near capacity. 

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic

The Board of Education for Batavia City Schools approved two additional tax exemptions for veterans owning homes in the school district.

The Cold War and Eligible Funds exemptions have been available as exemptions for county, town and city taxpayers but the school districts have only recently been able to pass the exemptions. 

There are currently 75 veterans in the district who are eligible for an exemption on property taxes for their Cold War service to the nation. Five veterans are eligible for the Eligible Funds exemption.

The Eligible Funds exemption is an exemption on a portion of the purchase price of a house paid for with veterans benefits.

The veterans exemptions will be in effect for the 2018-19 school year. 

"We have been advised by Genesee County that veterans who are eligible are being encouraged apply for them -- i.e. see their local assessor, even if they are currently receiving the exemption from the county, town or village," said Scott Rozanski, business administrator for the district.

"There is a March 1 deadline each year for any applications. They would only need to apply once, not each year while residing in the same address."

Cold War veterans are eligible for up to a $6,000 reduction in assessment for tax purposes, and Eligible Funds veterans can get taxable assessed value reduction of up to $5,000. In both cases, the exemptions can be offset by other exemptions.

Press release:

Empire State Development (ESD) today announced that O-AT-KA Milk Products Cooperative Inc., a dairy cooperative based in Genesee County, will construct a more than 20,000-square-foot addition at its production facility.

In an effort to meet the growing demand of its customers, the cooperative will install a new retort beverage production line and install support equipment at its facility located at the corner of Cedar and Ellicott in the City of Batavia. The additional space will facilitate the addition of up to 20 new jobs; 440 jobs will be retained.

The cooperative expects to have the new line up and running sometime next fall.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “The Finger Lakes Regional Economic Development Council is supporting the growth of food processing companies, like O-AT-KA dairy cooperative, which will be retaining hundreds of jobs and hiring additional employees to help them on their path to continued success.”

O-AT-KA’s production facility ensures there is a market for milk produced by more than 400 farms in the Western, Finger Lakes and Central New York regions.

The cooperative is majority owned by Upstate Niagara Cooperative Inc., which is headquartered in Buffalo, New York and also by Dairy Farmers of America, a cooperative with a strong presence in Central New York.

Michael Fuchs, O-AT-KA’s Chief Financial Officer and project manager said, “This project supports our continued growth and will allow us to meet growing market demands for our products.

"The support we continue to receive from ESD, GCEDC and our Board of Directors is a testament to their commitment to the livelihood of our dairy farmer owners and to our position as a leading employer in Western New York.”

Empire State Development is providing a total of up to $750,000 for the project through a Finger Lakes Regional Economic Development Council Grant. Genesee County Economic Development Agency also offered incentives for the enterprise. The total project cost is $34.5 million.

Supporting agribusiness is a top priority for the Finger Lakes Regional Economic Development Council and the locally designed the Finger Lakes Forward economic development plan.

Finger Lakes Regional Economic Development Council Co-Chairs Monroe Community College President Anne Kress and Greater Rochester Chamber of Commerce President & CEO Bob Duffy said, “The Finger Lakes Regional Economic Development Council is committed to supporting projects that grow jobs. Agriculture is an important industry and a key driver of our regional economy.

"This expansion project will also create solid opportunities for area farmers, shaping the future of the region’s agricultural industry, helping to move the Finger Lakes forward.”

State Senator Michael H. Ranzenhofer said, "Agribusiness is Genesee County's number one economic driver, and growing demand for milk products produced by our local dairy farmers will help to reinforce this important industry.

"Today's announcement by O-AT-KA Milk Products will further strengthen our local economy. I commend Genesee County's largest private-sector employer for continuing to create jobs for Western New York residents."

Assemblyman Steve Hawley said, “Economic development and business expansion, especially when it comes to the dairy sector, is tremendously important to our region. I am pleased to see that not only will O-AT-KA be expanding its production, but also adding 20 new jobs to solidify itself as a top-tier producer in Western New York.

"The support of businesses and job creation at the state level benefits our entire community, and this is a prime example of our state’s agricultural sector rising to one of the best in the nation. I look forward to the continued prominence of our area’s farmers and producers and am proud to share in their success.”

Steve Hyde, president & chief executive officer of the Genesee County Economic Development Center, said, “The GCEDC is proud to assist O-AT-KA Milk Products, the largest private sector employer in Genesee County, to expand its operations. O-AT-KA is an industry leader through innovation and commitment to excellence.

"Through our collaboration with Empire State Development and the Finger Lakes Regional Economic Development Council, we are demonstrating that companies like O-AT-KA can grow and prosper in New York State.”

O-AT-KA’s name was taken from the Seneca Native Americans, and means leaving the highlands or approaching an opening. The “highlands” refers to Wyoming County, New York and the “opening” refers to the Genesee River flowing into Lake Ontario.

The cooperative opened in 1959 with only five employees and has since grown to provide employment tomore than 440 people contributing to growth in the local economy. O-AT-KA has long-term business relationships with many Fortune 500 listed manufacturers, retailers and wholesalers.

This poll merely asks you to pick the five projects you favor the most regardless of cost. The DRI local committee is being asked to select projects with funding requests of $15 million, and then state officials will pick from those projects with a request totaling $10 million. So, cost aside, which five projects do you most favor?

Refer to this story for more information on the projects.

A motor-vehicle accident with airbag deployment is reported on East Main Street, Batavia.

The vehicle may have struck the former Sunoco station in Eastown Plaza.

City fire and Mercy EMS responding.

UPDATE 7:30 a.m.: One vehicle. One patient. The vehicle did strike the building. No damage. The victim is out of the car. Engine 15 back in service.

An accident is reported on East Main Road in Le Roy, in the area of Stella Collison.

No word on injuries.

It is blocking.

A chief on scene is asking for Route 5 to be shut down at Linwood Road.

Le Roy fire responding.

UPDATE 6:55 p.m.: A chief on scene says two ambulances are needed.

Press release:

Longtime Notre Dame football Coach Rick Mancuso (ND Class of 1976) has announced his retirement from coaching with the goal of spending more time with his family especially his grandchildren.

In announcing his decision, Rick said: “All of us reach a time of reflection on where we’ve been and where we are going. Over the course of the last 35-plus years my family, as all coaches families, sacrificed to allow me to be a part of something special.

"At this moment of my life I would like to spend more time being a part of our children and grandchildren’s lives and create memories that we will forever cherish.”

Coach Mancuso’s retirement ends a 37-year relationship with ND football during which he coached for 22 seasons and spent the other 15 as a key member of the football program’s support staff. Rick began his football coaching career at Notre Dame as the Head JV coach in the fall of 1981. In 2005, he took on the daunting task of replacing retiring HOF Coach Bill Sutherland as Varsity Head Football Coach.

This was the beginning of a very successful coaching career the highlights of which include qualifying for sectional competition in nine of his 13 seasons as Varsity Football Coach, winning Sectional Championships in 2006 and 2012, advancing to the title game on three other occasions and winning three GR League championships.

Although most recognizable for his football coaching role, Coach Mancuso has also been a successful coach at his alma mater in other sports as well. He coached Varsity softball for five seasons from 2011-2015 winning a State Championship in 2012 after advancing to the State finals in 2011.

His softball squads brought home “the Block” in 2011 and 2012 as well as earning three GR championships. He also was a successful JV and Varsity baseball coach and even coached Modified basketball where his squads only lost one game in two seasons.

Rick has had a positive impact on the lives of numerous Notre Dame athletes and has always been there for them both on and off the field. He has built relationships that have stood the test of time and has always been a resource for young coaches seeking mentorship as they begin their careers. He has always taken pride in the numerous alumni on his coaching staff.

A prominent local businessman who is a lifelong resident of Batavia, Rick and his wife, Julie, are parents of five Notre Dame graduates Morgan (’01), Alexandra (03), Rick (05), Pat (’08) and Maddie (’14). They have both donated countless hours to the betterment of the Notre Dame experience for all our students as well as helping to keep the school vibrant and an affordable option to any who would like to attend.

Photo: File photo

Press release:

Polk County Sheriff's Office homicide detectives have arrested 22-year-old Kenley Campbell and 22-year-old Darril Lamar Rankin Jr. on Saturday, Jan. 6, and 18-year-old Gerjuan Demarcus Jackson all of Mobile, Ala., on Tuesday, Jan. 9. They have all been charged with:

•  First-degree murder (FC)
• Attempted first-degree murder (F1)
• Armed burglary with assault/battery (F1)
• 13 counts of grand theft of a firearm (F3)
• Robbery with a firearm/deadly weapon (FL)
• Conveyance burglary (F3)
• Grand theft of a motor vehicle (F3)

The Polk County Sheriff's Office alleges that: on Jan. 3, Campbell, Rankin, and Jackson drove from Mobile to William Reiss’ residence in Polk City, Fla.; Jackson fired shots at William Reiss multiple times (who was found deceased in the home) and his roommate, Kenneth Maier, who is fighting for his life. Maier is still in critical/stable condition at a local hospital.

According to the investigation and admissions made by the suspects:

Jackson met William Reiss while conducting a hurricane damage estimate in 2017, and he purchased two handguns from Reiss. Detectives located an official FEMA contractor identification for Jackson during the investigation. Upon returning to Alabama, Jackson was arrested for possession of cannabis and carrying a firearm without a permit.

Campbell drove his vehicle, a Chevrolet Sonic, with Gerjuan Jackson and Darril Rankin to Florida and arrived at 7462 Berkley Road in Polk City at between 1:30 – 1:40 p.m. on Wednesday, Jan. 3^rd. Jackson went inside the home while they (Campbell and Rankin) stayed inside the Chevrolet Sonic.

Jackson admitted he fired several gunshots at Reiss and at Maier.

Jackson exited the residence, at which point Campbell and Rankin assisted with loading the victim’s firearm collection and flat-screen television into Campbell's trunk and the victim’s Dodge pickup truck.

When they arrived in Alabama, Jackson took the victim’s truck to a wooded area and set the pickup truck on fire.

During the investigation, detectives found six firearms, an extensive amount of ammunition, electronic devices, and clothing believed to be worn by the suspects during the incident in Campbell and Rankin’s home. Three of these firearms are from the victim’s stolen collection. Detectives also found a box of latex gloves and apparent trace amounts of blood in the Chevrolet Sonic.

Jackson said the stolen property firearms and television had been sold on “the streets,” except for the three firearms that were recovered from Campbell and Rankin’s home. Jackson estimated that a total of 20 to 25 firearms were stolen from the victim’s residence.

“Three killers traveled to Polk City all the way from Mobile, Alabama to steal firearms. William Reiss was shot and murdered, and Kenneth Maier was shot and left for dead. Maier is currently in the hospital fighting for his life. I can’t begin to say how disgusted we are at the depravity displayed by these men.” -- Grady Judd, Polk County Sheriff 

All suspects were booked into the Mobile County Metro Jail without incident and will be extradited to Polk County at a later date. The investigation is ongoing and further charges may be filed.

All suspects have previous criminal histories.

The 25 projects vying for a piece of the $10 million prize awarded by the state to Batavia as part of the Downtown Revitalization Initiative are full of ideas for dining, entertainment and downtown living and this just what the committee considering the proposals should concentrate on, Steve Hyde said near the end of last night's review of the projects.

Hyde, CEO of the Genesee County Economic Development Center, is co-chair of the Local Planning Committee for the DRI.

Quoting from a book he's reading on planning, he said, " 'If a place lacks attractive shopping, dining, and entertainment options, it may struggle to attract and retain workers and employers as a result.'

"Keep that in mind as another piece of this," he added. "It really is embodied in our goals and strategies. Shopping, dining and entertainment are very important considerations as we try to move from that millennials' complex of Blahtavia."

The projects range from $39,000 to expand downtown's art canvas to $5 million for the Ellicott Street Corridor or $5 million for proposed Healthy Living Center.

Altogether, the 25 projects total more than $24 million in requested DRI funding.

The committee will need to whittle down the requests to $15 million total and state officials will make the final decision on which projects get funded for how much, to a total of $10 million.

Here's a summary of the projects:

• Theater 56:
  • Total project cost, $701,750. Funding request, $546,000. Location, in City Center at the former location of Dent Neurological. Proposed by Batavia Players. It would create a theater, offices and storage. 
• BOA/BP2 Strategic Site Advancement
  • Total project cost $30 million. Funding request, $3 million. This project involves rehabilitation and new development at the mall, including extending Jackson Street.
• BOA/BP2 Strategic Site Advancement
  • Total project costs, $15 million. Funding request, $1 million. This funding would assist construction of the Health Living Center proposed by the YMCA and UMMC.
• BOA/BP2 Strategic Site Advancement
  • Total project costs, $15 million. Funding request, $1 million. This is for construction of new residential apartments off Evans Street and by the Tonawanda Creek. There is reportedly a developer with ties to Genesee County who has experience with large BOA projects in cities such as Corning who is interested in this project.
• Batavia Innovation Zones
  • Project cost, $400,000. Funding request, $200,000. This is a request by the BDC to create more business incubator space similar to the current construction of freshLab in the former Newberry's building. The new incubators would be planned for the Carr's buidling, the public market, and GO Art!
• Newberry Place Lofts
  • Project cost, $350,000. Funding request, $150,000. This is to assist with the existing project, which includes completion of three market-rate apartments in the building and the addition of a beer garden in Jackson Square.
• Ellicott Place
  • Project cost, $2.5 million. Funding request, $1.15 million. This project would create retail spaces on the Ellicott Street side of the current Sav-A-Lot building (currently vacant space in the building), the addition of apartments on the second floor, and the creation of interior parking for new apartments.
• Healthy Living Campus
  • Project cost, $22.5 million. Funding request, $5 million. This is a joint project of the YMCA and UMMC for new construction on the site of the current Y, the Cary Building and the vacant lot once occupied by the Elks Lodge. It would be an 85,000-square-foot building with more than 140 full-time equivilant employees. 
• Downtown Public Market
  • Project cost, $2 million to $3 million. Funding request, $1 million. This would create a permanent structure for the public market at Bank Street and Alva Place.
• 214 & 216 E. Main St.
  • Project cost, $150,000. Funding request, $90,000. This project would restore the facade to its vintage look of 216 E. Main, the former Montgomery Ward and upgrade the facade of 214 E. Main St.
•  Jackson Square
  • Project cost, $750,000. Funding request, $500,000. This would complete the Jackson Square project started in 2004 by removing the concrete in Jackson Square and replacing it with brick, including the entryways off Jackson and Center streets.
• GO Art! Arts & Cultural Center
  • Project cost, $2.2 million. Funding request, $1.98 million. This project would include upkeep and upgrades to Seymore Place at Main and Bank, including the addition of an elevator and performance space on the second floor.
• Ellicott Station
  • Project cost, $23 million. Funding request, $425,000. The money is requested to cover an unexpected environmental remediation expense -- the removal of an old drainage canal under the property.
• Ellicott Street Corridor
  • Project cost, $5 million. Funding request, $5 million. To help tie together two sections of the Ellicott Trail and to make Ellicott Street more attractive and safer for pedestrians and bike riders, this would add a median to the street and create a barrier between bike lanes and vehicle traffic.
• Batavia City Art Canvas
  • Project cost, $39,000. Funding requests, $39,000. A project championed by local artist Brian Kemp that is already underway, the money would be used to buy supplies for artists to create more murals downtown and create material for a walking tour of Downtown Batavia's outdoor art.
• Downtown Marketing/Branding
  • Project cost, $250,000. Funding request, $200,000. A request by the Business Improvement District for new marketing material and branding approach for Downtown.
• Carr's Reborn
  • Project cost, $7.1 million. Funding request, $1.5 million. A request to complete restoration of the Carr's building and the former Genesee Bank. These would be mixed-use developments with retail, a cafe and apartments.
• Batavia Showtime
  • Project cost, $250,000. Funding request, $250,000. The proposal is for a new marquee on the theater, lounge seating, and a 3D-movie system.
• Historic Masonic Temple 
  • Project cost, $750,000. Funding request, $290,000. This project includes adding an elevator to make the third and fourth floors more accessible. The owner, Dave Howe, could then potentially convert those floors to apartments.
• 206 E. Main St.
  • Project cost, $674,000. Funding request, $404,000. Rehabilitation of the second floor of the building, adding a banquet facility and bar for Main St. Pizza Company, and market-rate apartments.
• 315 and 327 Ellicott St.
  • Project cost, $120,000. Funding request, $80,000. Improvements to commercial and residential units.
• Waggoner Building
  • Project cost, $77,000. Funding request, $38,500. Renovations to second-floor office space. Location is School and Jackson streets.
• Game On
  • Project cost, $150,000. Funding request, $150,000. Owner is requesting funding for new equipment, marketing and working capital.
• Borrell's Gym
  • Project cost, $100,000. Funding request, $80,000. Improvements to the gym.
• Vance Group
  • Project cost $70,000. Funding request, $40,000. Improvements to the facade and residential units at corner of Liberty and Ellicott streets.

There were also requests for projects outside the DRI boundary, including upgrades to Faletti Ice Arena, two buildings on South Swan, and improvements to Austin Park. The committee seemed to not favor considering these projects.

Consultant Ed Flynn will need to work with some of the projects to get more details for the proposal and the committee will try to pick several of the most viable projects and perhaps ask the owners or project leaders to make a presentation to the committee.

Top photo: Consultant Ed Flynn.

Eric Fix and Craig Yunker

Tom Turnbull

Marianne Clattenburg, Susie Ott, Tammy Hathaway

A caller on eastbound Route 20 reports that a red semi-truck with a white trailer had a large chunk of ice fly off of it and strike the caller's car, causing extensive damage.

We didn't catch the exact location on Route 20.

Law enforcement is dispatched.

No injuries have been reported.

UPDATE 1:10 p.m.: The driver is at Route 20 and Route 98 waiting for a tow. The truck has not been located.

Le Roy PD is investigating the theft of copper gutters from a residence in the Village sometime overnight this past Saturday into Sunday.

During that night an unknown person stole the copper gutters, which were stored in the backyard of the residences on West Main Street, which was having the roof replaced.  

The gutters were greened with age.

Anyone having information as to who committed this crime or who recently came in contact with copper gutters aged green is asked to call the Le Roy Police Department at 585-345-6350.