news

Submitted photo and press release:

The Genesee County Libertarian Committee met on Tuesday, Aug. 6^th to nominate candidates for local office.

Committee Chairman Mark Potwora announced the following Libertarian nominees, who will be on the ballot for the November election.

• Genesee County Legislature District 8: Colin McAllister
• Batavia City Council Ward 3: Deborah Kerr-Rosenbeck
• Bethany Town Board: Josiah Berkemeier

McAllister is focused on providing the best possible tax rates for all residents and businesses rather than have the county Economic Development Agency continue to pick economic winners and losers.

Kerr-Rosenbeck will make it her focus to visit every resident in her ward and listen to their individual thoughts and concerns. She plans to be an independent voice for ward residents.

Berkemeier is a lifelong resident of Bethany and is passionate about helping make his community a better place to live.

The Libertarian Party of New York earned ballot access as a result of gubernatorial candidate Larry Sharpe’s performance in the November 2018 election. Since that election the Libertarian Party has seen unprecedented growth in NYS both in party enrollment and the development of more than 20 county committees.

A local meet the candidates event has been scheduled for Sept. 21 from 2-4 p.m. at T.F. Brown's restaurant in Batavia and will include an address by Sharpe. The public is invited to attend.

The Town of Bergen is approved for nearly $9 million in funding for water infrastructure, the USDA's Rural Utilities Service Administrator Chad Rupe announced Thursday.

A loan of $5.9 million and a grant of $3,058,000 from the USDA's Water and Environmental Program will be used to install a water distribution system.

The project description says the service area has no municipal water system and Bergen residents rely on individual wells. It says this funding will bring public water service to 335 residential connections and 32 commerical properties in the town that currently lack access to safe potable water.

"We are very pleased with the award (of the funding package)," said Town of Bergen Supervisor Ernie Haywood this morning (Aug. 9), "and we thank all those involved who made it possible. We are moving forward..."

According to the description, "Regulatory agencies indicate the deficiencies in the system are a threat to the health of residents and that the completion of this project will address the code issues, alleviate health problems and provide reliable water to the residents and commercial properties. The project will also supply fire protection for all located in the district."

In areas without public water, firefighters must draw water from other sources such as ponds and creeks in order to fight a blaze.

Proponents of the federal assistance package reached out to property owners to inform them about the plan for a water district and public meetings have been held about it.

As part of the approval process, the USDA requires a percentage of affected property owners to sign petitions in favor of the infrastructure and funding package. For the last several months, the Town of Bergen has gathered signatures to create a water district where there is no public water system.

The expectation is that construction would start quickly once the funds are released and that it would take about a year to complete, said Bergen Councilman Mark Anderson.

In April 2017, President Donald J. Trump established the Interagency Task Force on Agriculture and Rural Prosperity to identify legislative, regulatory and policy changes that could promote agriculture and prosperity in rural communities.

In January 2018, Secretary George Ervin "Sonny" Perdue III presented the Task Force’s findings to President Trump.

These findings included 31 recommendations to align the federal government with state, local and tribal governments to take advantage of opportunities that exist in rural America. Increasing investments in rural infrastructure is a key recommendation of the task force.

Thursday's announcement about rural water and wastewater investments will benefit 133,000 rural Americans in 24 states. A total of $135 million will be distributed to pay for 49 U.S. projects.

USDA had $2.9 billion in loans and grants available in the Water and Environmental at the start of the 2019 fiscal year. Additional funding announcements are expected in the coming weeks.

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports: infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed Internet access in rural areas.

For more information, visit www.rd.usda.gov.

A possible serious injury accident is reported on Clinton Street Road just east of Ivison Road in Stafford involving a car and a semi-truck.

Stafford Fire and Mercy EMS dispatched.

UPDATE 9:28 a.m.: It is now reported as a minor injury accident with heavy debris in the roadway.

UPDATE(S) (By Billie) 9:45 a.m.: The accident involved a car and a truck hauling trash. The trash is strewn all over the roadway. Fire police from Byron and South Byron are there as mutual aid to provide traffic control so the debris can be removed. Route 33 at Route 237 is shut down; so it traffic at Coward Road and Route 33.

UPDATE 10:09 a.m.: An 18-month-old female, who was appropriately seated and strapped in the rear passenger side of the car, is being transported to UMMC for evaluation.

UPDATE 11:08 a.m.: A second ambulance is called to the scene.

UPDATE 11:29 a.m.: The roadways are reopened. The Stafford assignment is back in service. But the cleanup will continue off the roadway.

Genesee County planners tonight stood by the Town of Batavia’s directive concerning its Planned Business Development District as it recommended disapproval of a special use permit and area variance for a pair of 20-acre, 7.2 megawatt ground solar systems on Oak Orchard Road (Route 98), just north of the NYS Thruway interchange.

In its unanimous decision, the planning board determined that the request by Oak Orchard Solar 1 LLC -- an entity set up by Borrego Solar Systems LLC -- does not fit into parameters set by the Batavia Town Board on what is considered to be prime agricultural land.

According to requirements of the PBD District, the minimum development size is 100 acres.

The Oak Orchard Solar project on land owned by Eric Saile totals 40 acres, but Marc Kenward, a senior engineer with the Erdman Anthony firm of Rochester, disagreed with that number.

“We’re disappointed (with the decision) since the two systems are to be built on an 85.96-acre site (broken into two parcels of 48 and 37 acres),” Kenward, principal engineer, said. “Plus, the Town Zoning Code clearly indicates that solar energy is an allowed use in all zoning districts.”

Kenward went on to say that the solar farm project meets many of the criteria of the PDB District and will increase the tax base and land assessment, preserve federal wetlands, and accommodate continued agricultural use in the area.

County Planning Director Felipe Oltramari then explained that the Town’s Comprehensive Plan calls for this area to be held for “large-scale development … not to be broken up into smaller pieces.”

“The Town wants someone to come in with a complete package; almost like a mini-STAMP (referring to the WNY Science & Technology Advanced Manufacturing Park in the Town of Alabama),” Oltramari said. “Maybe even a place for a new (Buffalo) Bills stadium, which is pie in the sky, in my opinion.”

He said solar could be a part of a potential project there, but as an accessory use to offset expenses of a major mixed-use component.

The requirements of the PBD District as stated in the Town’s zoning regulations are as follows:

(1) Establish an area for new commercial, industrial, recreational and/or mixed use development on a large scale that will provide the Town and region with employment opportunities, additional tax base and other community benefits, while minimizing impacts on public services;

(2) Prevent piecemeal development that would compromise the availability and future marketability of a large area for significant new development;

(3) Accommodate continued agricultural use in an area that is highly suited for agriculture;

(4) Provide greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities;

(5) Provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities;

(6) Permit a variety of industrial, commercial and/or recreational uses;

(7) Preserve natural and scenic qualities of the site during the development process.

Kenward said that if Oak Orchard Solar 1 LLC decides to move ahead with the project, it will have to “make our case” with the Town Zoning Board of Appeals later this month and, if successful, to the Town Planning Board in September.

In other action, the county planning board recommended:

-- Approval with modifications a site plan review for Provident Batavia LLC, doing business as SCP Distributors at 4430 W. Saile Drive, Batavia, to construct a 13,000-square-foot (180 by 60) addition.

SCP Distributors, a national swimming pool supplies company, is undergoing a $1.2 million project to complement its existing 25,000-square-foot warehouse that was built in 2006. According to submitted documents, Building Innovation Group of East Rochester has been selected as the general contractor.

Modifications center around preserving wetlands on the property and making sure there is no archaeological impact on the grounds.

Previously, the Genesee County Economic Development Center Board approved $156,312 in tax incentives, noting that the venture will produce a state/regional economic impact of more than $600,000 and will enable SCP Distributors to retain 15 full-time equivalent jobs.

-- Approval of a special use permit for a 19.8-acre, 4 megawatt ground-mounted solar system on property in an agricultural-residential district owned by Wayne Dunham at 3656 Galloway Road, Batavia. Prowind Inc. is the developer for Bright Oak Solar LLC.

-- Approval of a second group home for women at 234 Broadway Road, Darien, as requested by John Kula of Freedom Fellowship.

The home, located not far from the ministry’s current group home for women at 282 Broadway Road, was previously used as a plumbing business. It will sit on a commercial zone lot of 750 by 320 feet surrounded by a 5.4-acre parcel.

-- Approval of tandem 24-acre solar farms to be constructed by Borrego Solar Systems on property owned by Benjamin Miles at 241 Knapp Road, Pembroke.

The Knapp Road parcels, situated in an Agricultural-Residential District, will be designated as “east” and “west” and each will generate 5 megawatts of power.

Press release:

Genesee Community College invites visual artists to submit their work for possible exhibition at GCC's Rosalie "Roz" Steiner Art Gallery located in the Genesee Center for the Arts on GCC's main campus located in Batavia.

This call for work is open to individual artists and group exhibitions in all media interested in the 2020-2021 academic year. The deadline for consideration for the 2020-2021 academic year is Dec. 31.

The Steiner Gallery's mission is to foster community involvement in the arts while enhancing the learning experience for all GCC students, faculty and staff. Proposals are selected by the GCC Gallery Committee, which seeks out exhibitions rich in content and quality craftsmanship. 

"Our gallery attracts artists and visitors from across Western New York, and with our robust international student population, there is also a dynamic community of enthusiastic supporters right on campus," said Mary Jo Whitman, gallery coordinato.

"During the academic year, we average about 300 visitors each month. Our committee is always looking for artists who contribute meaningfully to the education of students while participating in the larger discourse of the contemporary art world."

The Roz Steiner Gallery opened in Spring 2011 and offers 1,700 square feet of outstanding exhibit space featuring 25-foot walls, moveable island walls, bamboo flooring and multimedia capabilities.

To review the space and submit an exhibition proposal go to GCC's webpage for the Roz Steiner Art Gallery here.

Today the YMCA in Batavia is getting about $90,000 in new cardio equipment, part of a six-year replacement cycle (with half of the cardio equipment getting replaced every three years).

Delivered today were new Expresso bikes (digital training programs on video screens), recumbent bikes (ideal for seniors and people recovering from injuries), ellipticals, and arch trainers (options for multiple training motions on one machine), as well as new bikes for the spinning class.

Jeff Townsend, executive director, said the new spinning class bikes are state-of-the-art and few facilities have these. They replace 12-year-old bikes.

"Our cycle club and group that will be coming indoors soon is the one that will be pretty excited to get back into indoor cycling with these new bikes," Townsend said.

The only cardio equipment not replaced today were the treadmills and rowers, which were replaced three years ago.

Ajie Jqunn Javontez Smith-Ezell, 24, of Cummings Street, Rochester, is charged with: criminal possession of a narcotic drug with intent to sell; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; escape in the third degree; driving while ability impaired by drugs; unlawful possession of marijuana; and failure to keep right. Additional charges are pending. The county DA's Office was contacted due to felony-level charges. At 9:17 a.m. on Aug. 1, a traffic stop was conducted on Route 33 in the Town of Bergen. While conducting a roadside interview with operator/owner Smith-Ezell, the odor of burnt marijuana was allegedly detected. He was escorted to the rear of a marked Sheriff's patrol car, where he was interviewed by Investigator Christopher Parker. A vehicle search allegedly yielded packaging indicative of narcotics distribution as well as about an ounce of marijuana. Smith-Ezell was interviewed some more and while attempting to remove "an anomaly" from the driver's pant leg, he is accused of resisting arrest and obstructing deputies from accessing and taking possession of the item. A brief foot chase ensued and Smith-Ezell was taken into custody after allegedly physically resisting arrest. He was arraigned in Bergen Town Court and jailed in lieu of $5,000 cash or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Investigator Parker and several others, including Deputy Richard Schildwaster, Sgt. James Diehl, Deputy Rachel Diehl, Deputy Kevin McCarthy, Investigator Ronald Welker, Trooper Valetta, Trooper M. Schmidt and his K9 partner.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with disobeying a mandate of the court and second-degree harassment. He was arrested after the investigation of a domestic incident that occurred 9:39 p.m. on July 25 in Pavilion. He was issued appearance tickets and is due in Town of Pavilion Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sarah Ann Fiegl, 26, of Moore Road, Ransomville, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; having a front headlight out; and driving left of pavement markings. At 11:24 p.m. on Aug. 4 on Main Road in Pembroke, Fiegl was arrested following a traffic stop. She was issued an appearance ticket for Aug. 22 in Pembroke Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy David Moore.

A sudden downpour a little after noon caused quite a puddle to form on Liberty Street near Cherry Street in Batavia.

• Alcohol Ink Explorations by Patience Wnek
• Works by Kenneth Brant

Important Notice

Due to the severe storms, and projected forecast the city's Summer Recreation Program will be closing early today.

Parents of participants at the parks have been notified.

Program will resume as scheduled tomorrow, Aug. 9, from 9 a.m. to 4 p.m. Thank you!

Lydia Schauf, Program Coordinator 

City of Batavia Youth Bureau

Press release:

Darien Center –  The Outlaw Music Festival featuring Willie Nelson & Family, Bonnie Raitt, Phil Lesh & Friends and Alison Krauss will go on as scheduled this Sept. 8^th.

Unfortunately, Willie had to cancel a handful of shows in August due to breathing problems, but the beloved "red-headed stranger" will see you on the road again starting in September for the Outlaw Music Festival Tour!

Press release:

The City of Batavia Republican Committee is seeking City Republicans who are interested in being considered for the Committee’s recommendation for Council-At-Large.

This position is for the seat soon to be vacated by Adam Tabelski.

The City of Batavia Republican Committee will make a recommendation to City Council with the appointment being made by City Council for the unexpired term. Letters of interest can be emailed to City Republican Chairman David Saleh at salehdavej@gmail.com by Aug. 24^th.

Submitted photo and press release:

The Genesee County Suicide Prevention Coalition partners with Batavia High School and its Sources of Strength program, which recently made a donation to the local coalition.

Pictured above are students Lily Whiting and Benjamin Best from the BHS Sources of Strength program.

During Sources of Strength Kindness Week, SOS members collected donations in decorated jugs. The donations help to support the coalition work that includes providing resources at community events as well as support for local suicide prevention workshops/trainings.  

The coalition especially thanks Kelly Deneka and Heidi Meides, SOS adiversers at BHS, for their continued support of the SPC and the work they do with young people. You are making a difference!

A minor injury accident involving a car and a farm tractor is reported at Fisher and Maltby roads in Oakfield.

Oakfield fire and Mercy EMS dispatched.

UPDATE 10:46 a.m.: Oakfield and Elba fire police requested to the scene.

John Bennett, executive director of GCASA, has gone in a short time from the shock and disappointment he felt when people in the City of Batavia reacted with anger to a proposed social center at the former St. Nick's on Swan Street, to gratitude for the acceptance the same proposal for another property in the Town of Batavia.

Tuesday night there was a public hearing on a request for a special use permit to convert the former Bohn's Restaurant location on Clinton Street Road into a recreation center for people in recovery. There was no opposition and several people spoke in support of it. The Town of Batavia Planning Board subsequently passed all the necessary resolutions unanimously to give the project a green light.

"I'll say when I came to the town to meet with the town board originally, that I got a little choked up," Bennett said. "I got a little emotional because my reception was so different than what happened on the Southside in the city.

"(Town officials) were welcoming and they really had seemed to have an understanding of addiction and they said that this is needed in the community. I just feel blessed, actually, to be connected with this project and the town and they've welcomed us with open arms and they see the benefit of it."

The center will be the first of its kind in Batavia, a place where people who don't want to be an environment where beer, wine and liquor are part of the fabric of the party, and some people might show up with drugs. That's because the context of such an atmosphere makes it harder to resist the temptation to partake. Instead, they'll have a place to go to relax, socialize, make friends, and have a good time.

Several speakers at the public said the new center will make it easier for people in recovery to stay in recovery.

"The recovery center itself is it really a meet and greet," said Kathy Miller. "After you go in and you get treatment, you start living your life and you start getting normal, doing normal everyday things like get a job, buy a house, buy a car, have a baby -- living your life.

"You're not meeting anyone in recovery because now you're doing things and there's no place to go unless you can go into a recovery center. Then, when you're meeting other people, you don't have to say, 'hey, I'm in recovery,' because you already are there meeting people in recovery."

If you don't change the people you hang out with, Miller said, it's harder to stay in recovery.

"You need to change the people, places, and things around you," Miller said. "And sometimes that means your old friends, sometimes that's the people that are still doing the same old things they used to do. You have to find a new place. You have to find a way to live in it."

Jason Adams said a social and recreation center for people in recovery will be a game-changer for people locally. It will give them a place to engage in a variety of activities, watch sports on TV, or just hang out and talk, all without thinking about easy access to booze.

"The sky's the limit of what the program is available to do," Adams said.

The closest thing to an objection to the proposed recreation center on Clinton Street Road came from a nearby neighbor who said she supports the concept -- she understands the struggle of people in recovery because she's a cigarette smoker herself -- but was concerned that people using the center might loiter in the area or along the street, which could diminish her privacy.

A board member asked if a privacy fence would help. She said it would.

As soon as the public hearing was completed, the woman left.

During the board discussion of the project, Code Enforcement Officer Dan Lang looked up her property on a parcel map and said it was really too far from the actual Bohn's property to warrant a privacy fence.  

There is a parcel in between the Bohn's Restaurant property and the woman's property, and that property, Bennett revealed is subject of a negotiation with the town -- GCASA may swap that property with the town to settle some tax issues.

The board agreed to approve the project without the privacy fence, but left the door open to revisit the issue should circumstances make it more apparent a fence is needed.

Bennett said he totally understands the concern about people loitering and smoking cigarettes outside. He's aware of complaints about similar activity outside the GCASA property along East Main Street.

The state agency that oversees drug rehabilitation facilities has always frowned on designated smoking areas on the property of such programs or facilities but that policy is changing. GCASA has been given the approval to have a designated smoking area on the Bohn's property. He said he's working on getting approval for smoking areas on all of GCASA's properties.

"I think smoking in general in front of restaurants and other buildings the community is an eyesore and we working to remedy that," Bennett said.

Bennett said the community opposition to GCASA opening a recovery center on Swan Street caught him by surprise but admitted it may have been his own fault. He wasn't prepared for the opposition and therefore did a poor job of setting the stage and explaining the project.

At a 400 Towers community meeting where residents expressed a great deal of anger about the proposal, he could barely say anything to try and explain the project, there were so many other voices dominating the conversation.

"I guess I didn't get out ahead of this in terms of really getting out and educating people because it was such a quick grant that we got," Bennett said. "And I really guess I didn't think people would have an issue with a recovery center because people in recovery really are just like you and I.

"If you stood in a room full of  -- I bet you couldn't tell tonight who was in recovery and who wasn't, right? And the methadone clinic kind of went off without a hitch, so I just kind of thought the recovery center would, too.

"I didn't really see people being upset and angry about this. I missed that and then I should have done a couple more things to educate the public, especially down on the Southside."

Photo: Sue Gagne and John Bennett.

The public is invited to the Batavia Radio Control Flying Club's "Wings & Wheels" Fun Fly and Car Show on the weekend of Aug. 17-18 in Le Roy.

It takes place from 10 a.m. to dusk each day at 6684 Randall Road. Children are encouraged to attend with their families.

Show off your special ride! Classic muscle and antique cars and motorcycles welcome. Flyers: Turbines welcome; pilot AMA (Academy of Model Aeronautics) required.

Entry is FREE. No landing fees either.

Food and beverages available.

50/50 raffles throughout the day.

Primitive camping allowed -- no hookups.

For more information, call Gary Bobzin at (585) 354-4880.

Press release:

On Saturday, Aug. 24^th from 11 a.m. – 3 p.m., Mercy Flight will host its annual open house at the Mercy EMS Base.

The Mercy Flight Batavia Base, located at 8050 Call Parkway, will be open to the public from 10 a.m. to 3 p.m. that day. We kindly ask you to support this remarkable celebration.

The day will be filled with plenty to enjoy, including a tour of the base, food, refreshments, and activities for the family.

Mercy Flight was founded on the premise of wanting to help more patients during their time of need. Since our inception in 1981, Mercy Flight has grown from one part-time crew to 24/7 air operations in Buffalo, Batavia, and Olean, and ground ambulance operations in Springville, Genesee County, and Niagara County.

Having transported more than 26,000 patients by helicopter and conducting countless ground ambulance missions, Mercy Flight has truly been Western New York’s beacon of hope WHEN MINUTES MATTER.

At Mercy Flight, we pride ourselves on performing our lifesaving services without regard to our patients’ insurance status or their ability to pay. While third-party payers reimburse a portion of each flight’s cost, we rely heavily on the generous support of community contributors like you.

We would greatly appreciate the donation of a product or service to support this essential and well-attended community event. Would you so generously consider donating an item or certificate for our basket auction?

I would be happy to pick up any donations you offer. Please contact me at 585.250.3002 or pcherry@mercyflight.org to arrange.

Pam Cherry, Outreach Coordinator - Batavia, Mercy Flight Inc.

Arc of Genesee Orleans will hold its 15th annual Family & Friends 5K and Fun Walk on Saturday, Sept. 21 in Elba.

There will be food, music, kids' activities and face painting at a post-party afterward. It all begins and ends at the Day Habilitation Center, 4603 Barrville Road.

Registration / check-in begins at 8:45 a.m. The 5K run starts at 10 o'clock, with the Fun Walk immediately following.

Register by Sept. 16 for best pricing. After that, rates increase to $25 (5K) and $20 (Fun Walk) up to and including race day.

Sponsorships are available.

Funds raised benefit education through the Arc of Genesee Orleans Mary Anne Graney Memorial Scholarship Fund and programs and services for people served by Arc.

Register online here.

For more information, call Sandy at 585-343-4203, ext. 223.

Press release:

The City of Batavia Police Department is proud to announce, in partnership with City Church, National Night Out 2019.

The event is tonight from 6 to 8 p.m. at the St. Anthony's facility at 114 Liberty St..

Liberty Street and Central Avenue in the area of St. Anthony's will be closed starting at 4 p.m.

There will be many displays by first responders, including: the Wyoming County Sheriff's Posse Mounted Patrol; City of Batavia Fire Department; the NY State Park Police, who will demo high-angle rope rescue; and the NY State Police, who will demo the Seat Belt Enforcer.

Car seat installation and safety checks will be provided by the city fire department. There will be a K-9 demonstration and much more.

There will also be face painting, balloon animals, a dunk tank and a live band.

The event is free and City Church will be cooking for those who attend.

Raffles and giveaways will take place throughout the evening.

National Night Out will also serve as a fundraiser to bring back the Police K-9 Program to the City of Batavia Police Department and any donations will go directly for that purpose.

Please come join us for a night of fun and get to know your first responders.

Thanks to the following sponsors for their generous donations to make this event happen:

• Ken Barrett Chevrolet
• Chapin International
• Batavia P.B.A.
• Graham Corp.
• Sheriff's Association
• Target
• Brian Kemp, T-Shirts Etc.
• Batavia Family Dental
• Blondie's Sip-n-Dip
• Human Energies
• CSEA
• Carquest Auto Supply
• WNY Chiefs of Police
• Hillside Children's Center
• Bill's Auto
• Batavia's Original
• Salmon Orthodontics
• City Church
• Southside Deli
• The Radley Family
• O'Lacy's Irish Pub
• The Benedict Family
• Red Osier Landmark Restaurant
• Tompkins Bank of Castile
• T.Y. Lin International
• Kiwanis Club of Batavia
• Artic Refrigeration
• Dunkin' Donuts
• GCASA
• Extended Sound, DJ & Event Rentals
• Toyota of Batavia
• Northside Deli
• Batavia Tailor & Cleaners
• Bohm-Calarco-Smith Funeral Home
• 7-11