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Schumer: 'We want to build the future in Batavia, not Beijing'

By Howard B. Owens
Remote video URL

The pandemic exposed a weakness in the U.S. economy, Sen. Charles Schumer said today while at a car dealership in Genesee County -- not enough computer chips are manufactured in the U.S., leading to a shortage in the semiconductors that help cars, along with phones, computers, and appliances, run.

Currently, only 12 percent of chips are manufactured domestically, according to Schumer, compared to 37 percent in the 1990s.

Many foreign competitors, including China, are investing heavily to dominate the industry, Schumer said. Nearly 75 percent of global semiconductor production is now occurring in East Asia, and foreign government subsidies drive the majority of the cost difference for producing semiconductors overseas and in the U.S.

In response, Schumer, the majority leader in the Senate, introduced the CHIPS and Science Act, which with the president's signature this past week, is now law.

It provides over $50 billion in federal incentives to get more chips made in the U.S.

"We say (in the bill), not only do they have to make the chips here, but they can't make any more of them in China," Schumer said. "That is very, very good for America. We're saying we want to build the future in Batavia, not Beijing, in Syracuse, not Shanghai. So I wrote this legislation with upstate in mind."

Schumer is bullish on WNY STAMP, the 1,250-acre technology park that is now shovel-ready in the Town of Alabama.  He believes that before long, there will be a semiconductor plant at the park.

"Companies are seeing upstate New York is the place to be," Schumer said. "We hope there'll be many more. And we're fighting very hard to get one at STAMP. It is seen as a great opportunity at some of the chip companies -- I'm not allowed to say who -- but they have already visited here a couple of times. The bottom line is that manufacturing chips here in New York has the potential to be our 21st century Erie Canal."

He promised to do everything he can to attract chip manufacturers to upstate New York.

"We have more shovel-ready sites, including the STAMP facility right here in Genesee County than any place in the country," he said. "I'm gonna use my clout as majority leader in making (upstate New York) the center of the country with $5 billion of federal money for all of our semiconductor advanced research and development, which attracts people here. We have a great workforce here. We have great universities here. We have cheap water and cheap electric power, which these chip plants need as well, so you put that all together, and we are ideally suited now that this bill passed."

From a press release, highlights of the legislation:

Specifically, Schumer highlighted that the bill includes:

  • $39 billion for the CHIPS for America Fund to provide federal incentives to build, expand, or modernize domestic facilities and equipment for semiconductor fabrication, assembly, testing, advanced packaging, or research and development to help attract major chip manufacturers to shovel-ready sites like STAMP in Genesee County.  
  • $11 billion for Department of Commerce research and development including creating a National Semiconductor Technology Center (NSTC) a public-private partnership to conduct advanced semiconductor manufacturing, with Albany Nanotech primed to be a top contender to serve as a major hub for the NSTC, and other specialized R&D programs that universities across the state are in a strong position to compete for.
  • $2 billion for the DoD CHIPS for America Defense Fund.
  • $200 million for the CHIPS for America Workforce and Education Fund to kick start the development of the domestic semiconductor workforce, which faces near-term labor shortages, by leveraging activities of the National Science Foundation.
  • A new Investment Tax Credit for semiconductor manufacturing facilities and equipment.

Schumer explained that New York is uniquely suited to take advantage of these federal investments to reassert America’s global technological leadership. New York is currently home to over 80 semiconductor companies that employ over 34,000 NY workers, including global industry leaders like GlobalFoundries, Wolfspeed, onsemi, IBM, and other major microchip and innovation companies that support them like Corning Inc. in Monroe County which just announced a $139M, 270 job expansion in anticipation of this bill. Schumer said investments like these are only the beginning though, and now that his bill has finally become law, the ripple effects from more chip fabs and their supply chains being built in places like Upstate New York will give companies like Baxter and the American economy the stability it needs to avoid shocks like this again in the future. 

A linear shift in the earth on Scribner will be monitored, engineers plan to excavate the road on Monday

By Alecia Kaus

After a weeklong investigation, cracks in the roadway and on the property at 445 Scribner Road in Pembroke are not the result of a sinkhole, according to the Genesee County Director of Emergency Management Tim Yaeger.

Geologists have classified the event as a catastrophic movement of earth.

“Will it keep occurring? We are not sure,” Yaeger said.

Yaeger said the last time they noticed any shift or movement in the ground on Scribner Road was this past Monday and Tuesday. Monitoring equipment will be installed in a well to check water levels in the affected area and a seismograph will be placed to see if the ground is still moving.

On Monday, an excavation crew will arrive and dig up the 70-foot section of the road that is cracked to see if there are any other visual signs of movement. Earlier this week, there were core samples taken from about 30 feet deep with the assistance of Nature’s Way Contracting. Geologists and engineers from Clark Patterson Lee have also been assisting the Town of Pembroke, along with Genesee County and NYS DEC.

The NYS DEC has not completed their report as of yet Yaeger said. They are looking into a nearby quarry that is only one mile from Scribner road and the Nati home, which was condemned on Sunday.

“They were blasting on the other end of the quarry on Mondays and Fridays,” Yaeger said.

A phone meeting on Thursday morning with geologists, the DEC, the quarry operator, the town supervisor, zoning officer, code officer, and the highway supervisor has not uncovered any clues as to what exactly happened last Sunday morning at 6 a.m. when cracks started to appear in the driveway and roadway in front of 445 Scribner.

“We’re not seeing anything definitive of what’s causing the shift of earth,” Yaeger said.

Town Supervisor Tom Schneider said that people are on edge.

On Thursday evening a group of Scribner Road residents attended the regular Pembroke Town Board meeting where Schneider provided an update on the situation.

“We are very concerned about the neighborhood. The town is trying to get a handle on it and some data," he said. "They have developed a plan and there is going to be a lot of work out there on Monday to try and get a look at everything and get a better determination.”

Schneider said the quarry has an incentive zoning agreement with the Town of Pembroke to expand the quarry in the town of Pembroke, however, that will not move forward at this time.

“I will recommend that we put that on hold until we know exactly what happened with certainty," he said. "We are hiring a third-party Geotech firm to review any data collected. “

Scribner Road residents were advised to contact the Town Supervisor or call 911 if they hear strange noises or notice something in their basement. Strange popping noises preceded this past Sunday’s event for four to five days prior.

Gene Nati, whose home was condemned on Sunday, was at the meeting and thanked the Town of Pembroke. His home as of Thursday night was still standing.

“I want to let the board know, the supervisor Tom Schneider, has been phenomenal. For a small town, I absolutely cannot say enough about the effort and time he has put in. Scott Turner, Town Highway Supervisor -- incredible," Nati said. "On Sunday they’re sitting at my house, they’re doing what they gotta do, he has cried with my wife and myself. They have been there through this whole thing.”

Scribner Road will remain closed until next week while experts look at the road more thoroughly.

CLARIFICATION (2:30 p.m., Aug. 12): Town Supervisor Tom Schneider informs us that the house has not been condemned.  It has been tagged "Do Not Occupy" only.  He said:

Our Town engineer did an inspection yesterday, with my Code Enforcement Officer Jim Wolbert, and believes the house should not be condemned at this point.  He will provide a report to the town which will also be provided to Mr. Nati that contains recommendations for stabilizing the structure.  We all feel terrible for the situation that has fallen upon Mr. Nati and his family and is working at the Town level to get any answers we can.  I want to thank Mr. Nati and his neighbors for allowing the Town’s consultants to do what they need to do while investigating this situation.  I’d also like to thank NW Contracting from Alden, NY for getting started on sampling operations as fast as they can.  Brad Beyers with County Line Stone has also been very forthcoming with data requested by the Town’s Engineer and Geologist.   More extensive testing and investigation will begin on Monday; hopefully, we’ll know a lot more about this incident next week. 

 

 

Warrant issued for woman accused of letting dog OD after she fails to appear in court

By Howard B. Owens

A Batavia woman accused of allowing her dog, Oddey, access to narcotics, leading to emergency veterinarian treatment for overdoses three times, was a no-show in City Court on Thursday afternoon.

Cassandra Elmore may be in the hospital, acording to a friend who called court about four hours before Elmore's case was to be called, but City Court Judge Thomas Burns had no proof that the claim was true, so he issued a warrant for her arrest.

Elmore's court time was at 1:30 p.m., and there were several other cases then as well. Burns finally called her case at 2:40 p.m., and she was not in court. Her friend was informed that the court would require proof of Elmore's admission to a hospital -- a call an email or a fax from the hospital.  The court received no proof of the claim prior to her case being called.

According to police reports, Elmore showed up at veterinarian offices on May 21, May 25, and June 21 with Oddey unconscious.  

Investigators believe Oddey consumed cocaine on two of those occasions and either cocaine or another narcotic on the third.

Elmore, 30, a resident of River Street, Batavia, faces three counts of injuring an animal under New York Ag and Markets Law Section 353.

Previously:

Local public libraries seek level county funding; report increased activity, high costs for eBooks

By Mike Pettinella

Business is booming this summer at Genesee County’s six public libraries, which are having to adjust their budgets to account for rising costs of materials – especially when it comes to eBooks.

Two local librarians – Kim Gibson of Haxton Memorial Library in Oakfield and Diana Reding of Corfu Public Library – joined Thomas Bindeman and Lisa Erickson, officials with the Lockport-based Nioga Library System, at the Genesee County Legislature’s Human Services Committee meeting earlier this week to submit a request for funding and update lawmakers on library activities.

The county appropriates funds to each one of the six libraries to support the purchase of materials such as computers, books, music, movies and magazines. For 2023, the libraries are asking for $41,680 (the same amount as last year), which represents about 13 percent of their cumulative budgets.

Broken down by library, the dollar amounts are as follows:

  • Byron-Bergen Public Library, $4,570 requested, $32,780 materials budget, 13.94 percent;
  • Corfu Public Library, $3,500 requested, $16,255 materials budget, 21.53 percent;
  • Haxton Memorial Library, $3,200 requested, $10,000 materials budget, 32 percent;
  • Hollwedel Memorial Library, Pavilion, $1,950 requested, $14,700 materials budget, 13.27 percent;
  • Richmond Memorial Library, Batavia, $22,210 requested, $182,210 materials budget, 12.19 percent;
  • Woodward Memorial Library, Le Roy, $6,250 requested, $62,000 materials budget, 10.08 percent.

The bulk of funding for the libraries comes from the residents of their municipalities. In the case of Corfu, Hollwedel, Richmond and Woodward, their budgets are put to a public vote. With Haxton and B-B, the town/village provide most of the funding at this point, but progress is being made toward changing the designation of those libraries to enable a public vote.

Bindeman said libraries are being challenged by increased costs for transportation – “Our fuel expenses are up by $19,000 this year,” he said – and for eBooks, a popular reading option.

“eBooks are costly to libraries,” he said. “People can go online, or they can go online at the library and download them. A consumer could go online and possibly get a book for 15 to 20 bucks, but the library’s cost for the same book might be 80 to 150 dollars.”

He said it’s what publishers and authors call “intellectual content” that drives up the price.

“Publishers and the authors feel that if a library gets it, they're getting ripped off because it's in the electronic world. And they feel once it gets on the internet, people will lift the book and all that,” he said. “And plus, normally if a consumer buys an eBook, he or she will only read it once or twice. And they see if a library buys it, it's going to have multiple uses.

“So, they're going to lose money on that, and that's why they charge so much. Also, we really don't own the book. It's only a lease for two to three years.”

He said electronic publishers “control the agenda” and it’s hurting the library system.

“We really don't have much voice. Because eBooks cost more for libraries, that means we won't be able to buy as many titles (books in print),” he noted. “Sometimes, it's kind of counterproductive to whatever they're thinking.”

Gibson and Reding used terms such as “amazing” and “come full circle” as they described how their libraries have bounced back from the COVID-19 pandemic regulations that severely limited onsite interaction.

“We're getting back to pre-COVID levels -- getting our hours back to pre-COVID hours and getting staff and all that back to normal, whatever normal might be,” said Bindeman, who has been with Nioga for more than 40 years, the last 17 as the system’s director.

He said the Genesee libraries appreciate the county’s funding, understanding that government entities are facing similar financial challenges.

For more about the Nioga Library System, a non-profit cooperative library system that supports the 21 independent public libraries in Niagara, Orleans and Genesee counties, go to www.niogalibrary.org.

Defendant in arson cases accepts plea deal with 10-year prison cap

By Howard B. Owens
Matthew Zakrzewski

A Batavia man accused of starting fires on three different occasions in January entered guilty pleas in County Court Wednesday to counts of arson in each, the second and third degrees. 

Matthew Zakrzewski, 42, is likely to be sentenced to 10 years in state prison on Sept. 14 as part of a plea agreement he accepted.

Zakrzewski was facing several other felonies -- which have not yet been presented to a grand jury for possible indictment -- and without the plea deal could have been sent to prison for up to 25 years.

In court today, Zakrzewski admitted to starting a fire at Washington Towers on Jan. 16, and on the same date, setting a 2009 Jeep Patriot on fire.

As part of the plea, Zakrzewski agreed to pay more than $10,000 in restitution to the arson victims.

His attorney, Fred Rarick, raised a concern about the restitution agreement because Washington Towers made a claim for replacement property in new condition, which the law doesn't require.

Rarick said he was looking for legal, fair, and equitable restitution.

District Attorney Kevin Finnell said the plea offer included stipulation to restitution as claimed, and if Zakrzewski didn't want to accept those terms, Finnell was ready to present the case to a grand jury.

At that point, Zakrzewski piped up and said, "Mr. Rarick, it's fine."

Previously:

One person can make a big difference. Muriel H. Marshall Fund enhances life for older adults in Genesee County

By Mike Pettinella

No matter how you slice it, the Muriel H. Marshall Fund for the Aging is the “gift that keeps on giving.”

Just ask the leaders of the various agencies in Genesee County that continue to benefit as a result of the generosity of the late Roxanne Marshall, a school librarian and daughter of Batavia businessman Arthur H. Marshall Jr., who established the fund just prior to her death in 1997 in honor of her mother, Muriel.

Earlier this week, three members of the fund’s planning team – Bonnie Wallace, Jay Gsell and Pam Whitmore – along with Jennifer Leonard, chief executive officer of the Rochester Area Community Foundation, made a presentation to the Genesee County Legislature’s Human Services Committee at the Old County Courthouse.

The RACF oversees the fund that started with an initial gift of $7.9 million and now has a current value of $10.9 million. Considering that more than $9 million has been distributed in grants during that time, the fund is doing remarkably well, Gsell said.

“The fund is now distributing $500,000 per year for unduplicated services for seniors (over the age of 60) in Genesee County,” the former county manager reported.

Services provided to older adults by the fund include transportation through the Genesee County Office for the Aging and Community Action of Orleans and Genesee, Inc., financial management through Lifespan of Greater Rochester, handyman through PathStone Corp., home visitation through Catholic Charities, volunteerism through RSVP of Genesee County and library visits through Richmond Memorial Library.

Wallace, a former RACF employee and current Marshall Fund team chair, said all adults 60 and over are eligible to receive these services regardless of their income. She said the Office for the Aging acts as the administrative hub -- coordinating referrals, case management, volunteer support and special programs.

In January 2020, the planning team initiated the Ask Marshall campaign (www.askmarshall.net) that connects Geneseeans to the activities and resources in the area.

“The money is the least of what’s happening in Genesee County … we need to get people into the programs,” Wallace said, adding that continued enhancement of the website is the foundation’s “next big push.”

Whitmore, who served as OFA director for 18 years, said all of the services add up to putting “new meaning to life” for the recipients.

“A little kindness goes a long way,” she said. “The Marshall Fund is a very special gift to Genesee County. It provides an extra layer of service that brings that quality of life.”

Emphasizing that nothing compares to the fund across New York State, Whitmore said that "it’s just as important for caregivers to know about this as it is for the older adults.”

Leonard said Roxanne Marshall’s gift was the largest single gift to the RACF at that time and it is thriving 25 years later.

When added to money already allocated by the county and other sources, the fund’s contributions make “a wonderful partnership,” she said.

Goals of the planning team are to identify non-medical needs and opportunities for older adults in Genesee County, determine funding priorities and possibilities that are responsive to local needs, shape grantmaking strategies that meet the criteria of the fund, and provide for appropriate community input and reporting.

Other members of the Marshall Fund planning team are Ray Chaya, Richard Iannello, Peggy Lamb, Mary Ann Silvernail, Ruth Spink, Lynda Taylor, Diana Fox and Patricia Campbell.

For more information, call (585) 815-7979 or send an email to askmarshall@co.genesee.ny.us.

Photo: Bonnie Wallace, Marshall Fund planning team chair, speaks at Monday's Human Services Committee meeting. Photo by Mike Pettinella.

EMS task force is ready to release consultant's report

By Mike Pettinella

For the past year and a half, the Municipal Resources Inc. team has been taking a deep dive into Genesee County’s varied fire and emergency response operations in an effort to eliminate what County EMS Coordinator Tim Yaeger calls “the peaks and valleys.”

The report drafted by the consultants from the Plymouth, N.H.-based firm -- which includes around 90 recommendations for consideration – is on the verge of being released to the public, Yaeger said.

Speaking at Monday’s Public Service Committee meeting of the Genesee County Legislature, Yaeger said the local emergency services task force will be meeting at 6 o’clock tonight at the Fire Training Center on State Street Road to sift through the recommendations.

He said the initial goals are to develop “a plan of implementation and for a strategy of working groups, and how we’re going to work on those things – and then following that up with a meeting with the press so it can be read officially and released to the media (because) the public is waiting and wanting to know what that report said.”

Yaeger said the findings of MRI, which is fulfilling a $94,000 contract with the county, set the stage “for the real work to begin; to figure out where we’re going to be going to right the ship with our service.”

Following the task force meeting, the media has been invited to ask questions of the group at 7 p.m.

While it’s uncertain what measures will be implemented, Yaeger told the PSC by that no means is Genesee County government going to take over fire and emergency response in the county.

“I think my biggest hurdle, and our biggest hurdle collectively, is for the fire service (personnel) to understand the county is not taking over the fire service in Genesee County,” he said. “We're here to give them a path to get better -- to stabilize their system and move forward for many years to come.

“But I still hear some rumblings underneath that it's a county takeover and that’s all that it is because the county’s name is in the report and in their (MRI consultants) writing. So, they’re (community volunteers) very protective because they're very proud of what they do.”

Yaeger said the MRI supports community-based organizations.

“We're here to help them survive for the next 50 years (but) change is coming. They have to realize that they can't just continue to do the same things that we've been doing. We've got to act regionally. We've got to work regionally. We just need to formalize those things,” he said.

Mercy Flight EMS of Buffalo, which provides helicopter and ambulance service to the county, is on board with the changes, Yaeger said, relaying key points of a recent conversation he had with Margie Ferrentino, the company’s vice president and chief financial officer.

“I think she’s understanding that we need to stabilize the EMS system in this county,” he said. “We’re getting too many peaks and valleys. So, we had long conversation and I think she gets where we're coming from -- that those peaks and valleys need to go away.”

He said the location of where the ambulances are stationed is crucial to response time, and that MRI has addressed that situation in its report.

In a related development, Yaeger said county EMS has forged an agreement with the City of Batavia to bring about a dozen city firefighters into the county’s Special Operations Team.

“It’s very similar to the ERT team that law enforcement uses,” he noted. “That’s one of the changes that we felt was in the best interest of the public -- the city of Batavia residents and the county residents -- because we've got to be able to guarantee our response.”

Yaeger said he doesn’t fault town and village volunteers for the gaps in fire and emergency response.

“The message with the volunteer service, the dedicated folks out there, is that they’re ready, willing and able but they’ve got life and they’ve got everything else in front of them,” he said. “Some of them are getting pretty frustrated and aged to the point that they’ve been doing this 35 years, 40 years.

“And they’re wondering where the fresh troops are coming from. So, I think we've got to find out where those fresh troops are going to be coming from and find a new way to deliver that service.”

File photo of Timothy Yaeger. Photo by Mike Pettinella.

Director reports that Holland Land Office Museum is on the upswing in terms of attendance, membership

By Mike Pettinella

Things are looking up for the Holland Land Office Museum at 131 West Main St., the Genesee County-supported facility dedicated to highlighting the events and people that have contributed to the region’s rich history.

Membership in the museum, which is managed by the board of directors of the Holland Purchase Historical Society, is nearing 250 and attendance since last July has surpassed the 3,000 mark.

Those benchmarks alone, says Executive Director Ryan Duffy, indicate that the museum definitely has bounced back from the COVID-19 pandemic.

Duffy and Don Burkel, HLOM board president, presented their yearly report on Monday at the Genesee County Legislature’s Human Services Committee meeting.

“Our membership topped 200 for 2021 for the first time in quite a few years and we’re 90 percent to that number this year,” Duffy said. “Our goal (for 2022) is 250 and we’re 75 percent to that.”

He said the museum is attracting more international visitors – especially from The Netherlands (due to this area being a Dutch settlement) – while the recording of its guest speaker series is getting hundreds of views on YouTube.

Duffy also mentioned the restarting of the History Heroes program this summer, which brought around 27 young people to the museum, and that the Wonderland of Trees was the museum’s biggest yet in terms of visitors and sponsors.

Volunteer support is crucial to the museum’s success, he noted, and was glad to report that 17 people donate their time on a regular basis.

“Volunteers, docents and interns completed more than 1,500 hours of community service up to this date,” he reported, adding that attendance and gift shop sales have returned to pre-2020 levels.

Going forward, Duffy said directors are in the early stages of obtaining a design for a new entrance off the West Wing of the building “to create a more welcoming and efficient entry” that would be Americans with Disabilities Act-compliant. Additionally, this space would be utilized for the relocation of the gift shop and a larger space for the research library.

“This will be a better spot for the gift shop, hopefully generating double the annual revenue, and we would gain exhibit space (by utilizing the area currently occupied by the gift shop),” he advised.

The museum also has initiated the Garth Swanson Memorial Scholarship, which will be available to students in 2023, Duffy said.

The scholarship will benefit current high school students planning to attend Genesee Community College or students attending GCC currently with a passion for history. It is in honor of Garth Swanson, a longtime board member and patron of the museum who passed away in early 2022.

The Holland Land Office Museum is currently operating under normal, yearlong hours. It is open from 10 a.m. to 4 p.m. Tuesday to Saturday. For more information, call 585-343-4727.

Photo: Don Burkel, left, and Ryan Duffy, representing the Holland Land Office Museum, talked about the museum's activities over the past year at Monday's County Legislature Human Services Committee meeting. Photo by Mike Pettinella.

County jail update: Injured worker back on the job; plumbers, electricians on site next week

By Mike Pettinella

A worker injured at the construction site of the new Genesee County Jail is back on the job, the senior project manager for the facility management firm said on Monday.

Carl York of The Pike Company of Rochester updated the Genesee County Legislature’s Public Service Committee on the progress of the $70 million, 184-bed jail that's going up next to County Building 2 on West Main Street Road.

He said the worker was stationed inside the excavating shield, directing a co-worker on top who was operating the heavy equipment.

“He was directing the bucket back toward himself and he ran out of room and got caught between,” York said. “The worker was transported to the hospital and today he returned back to work. So, he was out for about a week and a half. But he is back to work.”

That’s good news for the employee, but not so fortunate for the site contractor, Bayside Paving Contractors, Inc. of Shortsville, York added.

“OSHA (Occupational Safety and Health Administration) did come out to investigate and they found nothing wrong with the safety or the way they were working,” York said. “They have not finalized their findings yet. But more than likely the contractor will probably get fined because they did not report the accident to OSHA within 24 hours which is required of a hospitalization.

“But that was really the only issue they had with over what happened. They said it was just a flat-out accident.”

Construction is ahead of schedule by about six weeks on the foundation work, York reported, adding that there have been no issues with stormwater pollution and no changes to the total project cost.

York said workers have met one of the first (and many) milestones by completing the building pad prep work three days ahead of the July 26 target date.

“Underground utilities -- our sanitary is about 90 percent complete, stormwater is about 40 percent complete and the water and fire service is about 70 percent complete,” he said.

He said media coverage over the fact that Pike was waiting for National Grid to supply permanent power to the site was a “real good boost … as we did get some good updates from National Grid.”

Foundational work on the administration building and the cell pods is moving along, he added, with expectations that all of that work will be complete by the first week of September.

“Right now, we're waiting for the mechanical – the plumbing and electrical contractors to start on August 15. It was just they couldn't get their deliveries moved up as fast as (general contractor) LeChase (Construction Services of Rochester) was moving along with foundations.”

York said his firm is exploring the addition of a booster pump for future growth, mentioning that a decision will be made on that after speaking with County Manager Matt Landers and his team this week.

Representatives of the state Commission of Correction visited the site last week and “were very pleased” with the progress, he said. Crews are in the third month of a 20-month construction schedule.

Previously: Safety, communication and a little rain for new Genesee County Jail project

GO Art! director spearheading effort to develop cultural plan for Western New York

By Mike Pettinella

The executive director of the Genesee-Orleans Regional Arts Council is seeking multiple county support to develop a comprehensive plan, of sorts, to expand arts and culture programming and tourism throughout Western New York.

Speaking at the Genesee County Legislature’s Human Services Committee meeting on Monday afternoon, Gregory Hallock pitched his proposal to apply for a National Endowment of the Arts grant that would partially fund the development of a “cultural plan” for nine WNY counties and possibly for the cities of Rochester and Buffalo.

He said foundations in Buffalo and Rochester are supporting the effort, with the goal of drafting plans for specific regions (including the GLOW region of Genesee, Livingston, Orleans and Wyoming counties) plus “an overall, arching plan that combines all of them.”

Hallock said he hasn’t determined the cost of this initiative yet, but is applying for $150,000 – with the NEA contributing $90,000 and the affected counties allocating the remaining $60,000.

“The Western New York Foundation and the Community Foundation for Greater Buffalo both said they would only do this if there was a buy-in from all the counties,” he said. “I want this because this is my ‘next step.’ We’ve built and done a lot of stuff, but now I need to get people coming to our area for arts and culture. So, this is a big thing.”

Erie County has committed $10,000, Hallock said, adding that he is hoping that Genesee County would provide the same amount as a “one-time contribution.”

Hallock said the grant application is due by the end of the week, with the time period for implementation starting next July and running through June 2024.

“It will be a year’s worth of working on this,” he said, advising the committee that the goal is to hire a program administrator at a salary of $50,000.

He asked the committee to submit “a letter of support” at this time. GO Art! and Orleans County are the lead agency and county, respectively, for the project.

County Legislature Chair Rochelle Stein informed the committee that County Manager Matt Landers is supporting the bid, while “not wanting to be the big dog in the fight,” and added that Wyoming County also will be signing a letter of support to apply for the grant.

Landers said the planning document is meant to show the area’s arts and culture strengths and weaknesses and where time, energy and resources should be dedicated.

“This is an opportunity for a study to be done,” Landers said. “The studies are not cheap and to get a grant to provide one is not only beneficial but essential.”

The committee agreed to issue a letter of support – moving the proposal up the line toward a vote by the full legislature.

City Council approves creation of full-time grant administrator position by 8-1 vote

By Mike Pettinella

The Batavia City Council on Monday night voted, 8-1, to hire a grant administrator, accepting City Manager Rachael Tabelski’s premise that the full-time, in-house position is essential and rejecting Council member Robert Bialkowski’s suggestion to explore grant writing/management services from an outside agency.

The position, which will report to the assistant city manager, has a salary range of $53,293 to $64,852, plus benefits.

Tabelski, reading from a memo to City Council, pointed to the city’s recent success in capital planning and receiving grants for strategic infrastructure projects – noting that city staff currently is managing more than $11.2 million in grant funds and has another $8.5 million in pending grant applications.

As a result, she is seeking a full-time grant administrator or compliance officer to manage the grant portfolio – a task that has, up until now, been handled by Tabelski and other department heads.

Her memo lists 14 new grants the city has received over the past four years in connection with key projects such as Ellicott Station, Jackson Square, City Centre, City Centre Feasibility, Richmond/Harvester street rehabilitation, Bank Street and Jackson Street water, water plant improvement, Brisbane Mansion reuse, Austin Park playground and fire truck purchase.

POSITION'S COMPENSATION TO BE SPLIT UP

Noting that the new grant administrator would be responsible for all aspects of grant management, including grant writing, Tabelski said the position would be funded through the water fund (60 percent), sewer fund (30 percent) and general fund (10 percent).

She said that expenditures in the general fund are anticipated to increase by $10,000 to fund this position.

During the discussion phase of this proposal – prior to the vote to send it to the Business Meeting (which immediately followed the Conference Meeting), Bialkowski moved to table the item as a result of his conversation with a representative of the Genesee/Finger Lakes Regional Planning Council.

He said he spoke to Executive Director Rich Sutherland about the possibility of the GFLRPC providing grant writing/management services to the city, and found out that the agency does this “at little or no cost to communities, and they’re writing it right into the grants.”

Bialkowski said that Sutherland was willing to make a presentation to City Council, adding that he learned that Genesee County “is going that route (using outside agencies).”

“Today, I had two phone calls from constituents, who are a little put out with me, because their property taxes are going up and they don’t see any growth or job opportunities in the community, but they do see taxes going up and they have some serious concerns in the directions were going,” Bialkowski said. “If there’s anything we can do to not hire someone, I’d be in favor of that.”

TABELSKI: OUTSIDE AGENCY NOT THE ANSWER

Tabelski immediately responded, stating that “even if we do allow Mr. Sutherland … even if we did allow the Finger Lakes Regional economic development council to administer the grants, all of the emails from the state agencies would still be coming to me and you – and we would have to get that information over to Mr. Sutherland and his team.”

“So, the workload wouldn’t decrease at all in our offices – and the financial tracking part of this is why we really need it because if we don’t have someone in-house, it would still fall on all of us to get the cancelled checks and everything we need to submit for a grant.”

The city manager added that she “respects” Bialkowski’s investigation but didn’t “feel that would be an adequate way to go and I would not support that.”

Tabelski said the grant administrator would take a “massive amount of paperwork off our top staff so we can get back to high-level planning for our infrastructure and strategic planning in the organization.”

At that point, Council member Paul Viele said he agreed with Tabelski, before Council President Eugene Jankowski Jr. admonished Bialkowski for going behind the city manager’s back by “calling other agencies and trying to work out a deal after reading our agenda.”

Jankowski also said he didn’t want to possibly give outside agencies “privileged information” and felt that enlisting an outside agency would result in a “duplication” of services.

CANALE: IT WILL BE COST-EFFECTIVE

Council member John Canale said he wasn’t a big proponent of adding another position but in this case, the new job “opens up a whole another world to us.”

“There’s a lot of grant money out there available as we’re finding out as a city,” he said. “… so, it’s extremely important that we utilize every grant dollar that’s available to us, whether it be statewide or federal-wide.”

Canale said he believes the cost of the position at that salary range would pay for itself.

“So, in the long run, let’s not trip over dollars to get to nickels,” he added.

Council member Rich Richmond concurred, adding that the city is capable of “doing it on our own – having full and direct control and not waiting for an answer … and doing it better than the Finger Lakes region.”

Council member Tammy Schmidt asked Tabelski if the new hire would write grant applications along with managing the grants that come in.

“There will be a writing grant component but first off, I see learning the management of all the grants that we have in the portfolio right now, and being fully responsible because there are different types of audits that go on as grants close out,” Tabelski replied.

Schmidt then said the position would cost closer to $100,000 when considering the fringe benefits.

SCHMIDT: MONEY HAS TO COME FROM SOMEWHERE

Tabelski then pointed out that the city’s workers’ compensation and health insurance are separate funds, prompting Schmidt to say “it’s still money, it has to come from somewhere.”

The city manager explained that “the more money we can bring in to do these pipeline projects – to do Bank Street … is going to save money on our police building because there are things that we needed to do and it’s coming from water and sewer fund, and we’re able to raise the rate if need be.”

“The hope is that we continue to have good years and we continue to invest. But every dime we bring in for infrastructure projects is another reason not to raise rates in those funds as well on our citizens.”

The proposal then was moved to the Business Meeting where all except Bialkowski voted in favor of creating the position.

Following the meeting, Bialkowski said that he “was taken aback” by Jankowski calling him out.

“Where does it say that I have to ask the city manager for approval for doing outside homework and getting information,” he said. “The chain of command is that the city manager works for Council and that we represent the people.”

Vandal draws anti-ReAwaken America Tour graffiti on City Centre

By Alecia Kaus

Police were called to Batavia City Centre on Monday evening after City Council wrapped up their Conference and Business meetings at about 8:45 p.m.

According to police, about a dozen or more chalk drawings were discovered on doors, brick columns, and sidewalks. City Manager Rachael Tabelski along with Public Works Director Brett Franks were on scene with police checking out the whole exterior of the building.

Police are investigating the incident and will be checking cameras in the area the front of the building. Police say the person responsible will face a charge of criminal tampering, a class B misdemeanor. The City of Batavia will keep track of the cost of the cleanup and submit an amount to the police.

The chalk drawings make reference to the ReAwaken America Tour (RAT) and rejecting hate and fascism.

Photos by Alecia Kaus/Video News Service

Hens: Weekend's heat, humidity 'stressed' water system

By Mike Pettinella

This past weekend’s high temperatures and humidity created some high anxiety for Genesee County Highway Superintendent Tim Hens, the person in charge of overseeing the municipality’s water supply.

“It was a stressful weekend,” Hens said, reporting to the County Legislature’s Public Service Committee on Monday afternoon.

Hens said the county water was being produced “100 percent off wells” over the weekend, adding that Well C in the City of Batavia was active and “came in very handy.”

This summer’s dry conditions have resulted in the groundwater dropping five to six inches a week, he said, slowing down the production of Well A. Furthermore, the city had to stop using creek water on Saturday afternoon because of the increased turbidity (mud) levels.

“Between (Wells) A, B and C, we were producing about 2.5 million gallons, which is 2 million short of the demand of the city plant that day,” he noted, adding the system relied on the tanks for most of the day Saturday.

The situation was a bit brighter on Monday morning, he said, as the system was “pushing out about 3.7 million gallons” – with the city able to access creek water once again.

Looking ahead, he said the heat and humidity are expected to subside and he hopes things return to normal.

In a related development, the PSC approved Hens’ request to apply for a Water Infrastructure Investment Act grant to assist with project cost escalation related to the completion of the Genesee County Phase 2 water supply upgrades.

Hens said the WIIA program provides up to 60 percent of the capital project costs up to $5 million.

The total anticipated costs related to the remaining Phase 2 water supply upgrades are estimated at $1.6 million. The WIIA grant, if successful, would fund up to 60 percent of these additional project costs. 

City resident calls Council members 'fascists' for not speaking out against ReAwaken America Tour

By Mike Pettinella

“Are you a white supremacist? Do you support fascism?”

Ross Street resident Danielle Clark, while protesting against the ReAwaken America Tour event scheduled for Cornerstone Church on Bank Street Road, directed those questions to Batavia City Council members at the outset of their Conference Meeting on Monday night.

Stating that she is “horrified” by the response of public officials in Genesee County regarding the tour, Clark said City Council should not be able to stand behind “plausible deniability” since the event isn’t taking place within the city limits.

“I’m here tonight to tell you and to tell the people of the city of Batavia, that that’s not true,” she said, before asking how much the city would be paying toward the deployment of the Emergency Response Team for the tour.

She said she spoke with a city police officer, who confirmed the ERT has been asked to deploy. She said she was not told the cost for security reasons.

“Therefore, leaving me not able to tell you exactly how much it will cost the taxpayers of the city of Batavia. But there will be a cost,” she said, adding that she was told the Batavia Police Department “shoulders approximately 60 percent of the cost of the ERT deployment.”

Clark said city leaders have an obligation to speak out against the RAT.

“I don’t delude myself with the idea that you guys, or any government agency, has the authority or the power to prevent events that are being held in a prime location,” she continued. “However, I do believe, and I am here to hold you to account for this belief, that as public servants it is your duty to clearly, vocally, loudly, express your opposition for an event like this coming to our community.

“It is your duty as public servants to let organizations like this know that this city does not stand for hate. The city does not stand for lawlessness. And we won't abide it.”

At that point she posed the “white supremacist” question to Council members and city employees in attendance, prompting Council President Eugene Jankowski Jr. to tell her to direct her questions to the chair.

Clark then said, “Mr. Chair then, I would like you to ask the employees if they are white supremacists. Do you support fascism? The people of this city deserve to have answers to those very straightforward questions.”

She then said she would be “listening closely” to Council members’ response to her comments after the public comment period.

“In the days ahead, I will be listening carefully for the Council members — our Council as a whole — to publicly speak against this event coming to our area,” she said. “We await a statement expressing that you have heard our very valid concerns and to tell those attending the tour that though they have found a way around the law by holding their event inside a church, (that) outside the church, the law still stands and will be enforced.”

Later in the meeting, when no one on Council addressed her concerns, Clark darted off, blurting, “Each and every one of you, showed your true colors. You are fascists and you are on the wrong side of history.”

Then, as she walked out of the room, she used a four-letter word against the City of Batavia.

Burke Drive residents say they're fed up with woman's farm animals; Council sets public hearing for Sept. 12

By Mike Pettinella

With despair in their voices, residents of three homes on Burke Drive tonight implored the Batavia City Council to do something to end the chaos being caused by several farm animals – along with five dogs and 20 cats – being kept by a neighbor woman who they claim has been abusive and unwilling to listen to their concerns.

Teresa Potrzebowski, John and Melissa Ladd, and Shannon Maute presented a united front during the public comments portion of Council’s Conference Meeting at the City Hall Council Board Room – each one of them speaking of the deplorable conditions stemming from the Jill Turner residence.

The governing body, according to Council President Eugene Jankowski Jr., has been dealing with this situation for 18 months. After hearing from the Burke Drive residents and sharing their opinions on the matter, Council members voted, 8-1, to hold a public hearing on Sept. 12 to consider a revision to the City Code titled “Restrictions on Animals and Fowl.”

Potrzebowski said she had to put up a 6-foot vinyl fence “just to preserve my sanity” due to the horrendous smell and the constant noise from the ducks, goats and chickens. Maute said she counted six goats, four chickens and two ducks that are kept in a 5-foot by 7-foot shed when they’re not “running wild” or inside the house with Turner and her daughter.

Both women said they have been subjected to verbal abuse, including profanity, when they have tried to speak with Turner about the animals.

“What kind of parent encourages her 11-year-old daughter to swear at everyone, giving them the middle finger and chanting (expletives)?” Maute asked. “Then dumps chicken feed all over the side and front lawn as she looks at us smiling and saying, “Here, chickens?”

Maute said that Potrzebowski has been tormented to the extent that she won’t come out of her house when Turner is home because Turner and her daughter continually harass her.

John Ladd said he lives next door to Turner, who has been “nothing but trouble and violent” for quite some time. He said she claims the animals are for therapy but that Turner spends no time with them, other than to change the water once in a while.

“I live in the city; I don’t live in the country,” he said. “I never thought I would have to deal with this – living in the city. And grandfathering her in won’t solve anything.”

Melissa Ladd said she was concerned for the welfare of the animals, noting that they are outside for hours with little or no access to water.

The “grandfathering” term used by John Ladd is in reference to proposed revisions in the City Code, as presented by the City Planning & Development Committee, that include a provision to allow property owners that have registered individual animals and/or fowl (farm animals) prior to the effective date of the amendment to keep the identified animal(s).

City Manager Rachael Tabelski asked City Council to strike that stipulation from the code revision since she doesn’t have the staff or resources to create an animal registry and to tag and track pre-existing animals.

She did say she agreed with another PDC recommendation to limit the number of hen chickens to six as long as they are penned appropriately, do not accumulate feces, cause odor or an unsightly or unsafe condition.

The gist of the “Restriction on Animals and Fowl” ordinance is that no person shall own, bring into, possess, keep, harbor or fee farm animals, cloven hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, feral cats, ponies, donkeys, mules or any other farm or wild animal within the city limits.

Council members who addressed the public speakers said they sympathized with their plight, with Paul Viele and Kathleen Briggs taking a stand against allowing any farm animals in the city.

“There shouldn’t be any chickens,” Viele said. “If you want eggs, go to the store and buy eggs.”

“This is a city ... we shouldn’t have farm animals in the city,” Briggs said. “We should write a law. You break the law, there’s consequences.”

Robert Bialkowski voted against moving the matter to a public hearing because he said it violates federal and state law pertaining to the right of handicapped citizens to have a small horse or dog for therapeutic reasons.

He said that one problem homeowner shouldn’t infringe on others.

“Let just deal with the problem,” he advised.

Bialkowski urged the residents to contact the county health department, police, fire department, dog warden and the ASPCA for assistance, mentioning that the animals would be confiscated if they’re being mistreated.

Jankowski said the city manager has spoken to animal control and “that’s where we found the missing part of our code."

“We’re unable to regulate change at this point,” Tabelski added, hopeful that next month’s public hearing bears some meaningful fruit.

Previously: Got farm animals in the city? A mandatory registry may be for you

Ground shifts under Pembroke family home, forced to evacuate with help of volunteer firefighters

By Howard B. Owens

When a volunteer firefighter realized today that his home on Scribner Road in Pembroke was potentially falling into a sinkhole, he did what volunteer firefighters do -- he called one of his brothers.

In this case, Gene Nati called Alan Piasecki, assistant chief in Crittenden.  

Piasecki showed up with a covered trailer and 30 firefighters to help the Nati family move all of their important belongings out of their house, which is only 10 years old.

Genesee County Emergency Management wanted the Natis to clear out within an hour once they assessed the situation.

Officials told Nati that they don't expect the house to still be standing by Monday morning.

Piasecki said the ground under the house appears to be collapsing fast.

"It's not real loud, but you can actually feel it in the ground and you can hear it, and if you get close enough to the house, you can actually hear it starting to crack," Piasecki said.

According to Piasecki, Nati first noticed a crack in the driveway at 6:30 a.m. He went to get some repair work done on his car and while he was out, his daughter called and said her window wouldn't close. He came home and found a crack in the foundation.

Residents in the area said they have heard blasting for the past eight days.

Nati said county officials suggested to him that the quarry may have drained the water table.

Nati is waiting for county engineers to let him know what is next. He said University at Buffalo geologists are going to respond to the location and extract core samples to determine whether it's a sinkhole.

The crack, he said, is getting worse and extends across Scribner Road and into the woods on the other side of the street.

Meanwhile, Nati and his family are staying with another family member just down the road.

Nati said he was grateful for the assistance of the Town of Pembroke supervisor, Tom Schneider, Highway Superintendent Scott Turner, the Pembroke fire chief, Jamie Waff, the code enforcement officer, James Wolbert, and the Sheriff's Office, and all the members of Crittenden Fire Department.

Piasecki isn't sure what they're going to do longer term.

"It's very unfortunate," Piasecki said. "I mean, he's got no place to go. I feel sorry for him. Where do you go from here? He has no clue and he's getting no help from his insurance. You would think that there would be some kind of emergency insurance service for him. It'll be okay. He's got a good family. And I think that he'll be okay. And then come Monday morning, hopefully, things will go better."

Photos by Alecia Kaus/Video News Service. Alecia Kaus contributed to this story.

August is chock full of happenings in Batavia

By Joanne Beck

Fall may be coming, but not before a plethora of events take place later this month.

Event applications are on City Council’s conference meeting agenda next week. It’s set for 7 p.m. Monday in Council Chambers, City Hall.

Take your pick: an Italian Fest, a bike rally, a rummage sale, an awareness event, a chicken barbecue, and backpack giveaway, or a block party (for neighbors in the block).

EverPresent Church has planned a rummage sale from 9 a.m. to 3 p.m. on Aug. 20 in the parking lot outside of its Batavia City Centre property. Look for the pop-up tents. A private neighborhood block party has also been set for noon to 3 p.m. on Aug. 20 on Fordham Drive.

Also on Aug. 20, across the street from the Centre, the vibe is to get European — specifically Italian — with a festival from 1 to 9 p.m. Music, food, games and crafts will be offered on Jackson, Center and School streets. Hosted by Batavia Business Improvement District, the event, it has been said, will bring a little bit of Italy to Downtown Batavia.

After all of those pizza slices and cannolis, you might want to check out the bike rally fundraiser for Batavia Notre Dame’s United youth hockey team. Bikers will take off for the 10K course at Batavia High School parking lot at 5 p.m. Aug. 21.

This is a first-time event to raise money and offset costs of travel and uniforms, Varsity Hockey Coach Marc Staley said. He would also like to donate some of the proceeds to the Genesee Amateur Hockey Association, he said.

“Last year we did a meat raffle, and it was successful. But, we're trying to think this year about things that we could do to involve more of the youth hockey players, and involve the community and have sort of a healthy thing,” Staley said to The Batavian Friday. “And so it's not a race or anything like that. We’re gonna ride together. I think we have over 50 people, and we’re hoping to get to 100.”

There will be a limited number of T-shirts, and anyone who registers by Tuesday is guaranteed one, he said. Organizers will take registrations right up to event day. The cost is $25 for kids and $40 for adults. The course is in the northeastern quadrant of the city, he said, similar to where local 5K races are.

“Then we're going to have a few fun things at the end of the rally, a little cookout, and we're going to raffle off a few things,” Staley said. “But really what it is, it's a bike ride. It's a bike ride for hockey players and for people in the community who support the program and want to do something healthy, and have fun and ride with the kids.”

This rally will also hopefully give United a little exposure, he said, while raising money for team uniforms and travel expenses, such a bus upgrade when the team goes to Albany for a couple of games with Albany Academy and Bethlehem.

During summer work-outs, Staley noticed a large number of kids in seventh and eighth grade joining in with the jayvee and Varsity players. He would like to organize a modified team with those younger players, which would happen in March after the other games have finished.

The bike rally is just another physical event to get people outside, he said, and early Sunday evening seemed like a good time when there might be less traffic and it still allows people to partake of other Sunday activities beforehand.

Click here for an application. Note that the deadline states Sunday; however, Staley said that it's by Tuesday for a guaranteed T-shirt.

Genesee-Orleans Council on Alcohol and Substance Abuse will be hosting an Overdose Awareness Day from 4 to 7 p.m. on Aug. 24 at Austin Park, Batavia. There are to be speakers, resource tables, and the band Groove, with danceable rock, in the pavilion. Although this event is geared toward substance abuse and overdose awareness, everyone is welcome to attend, GCASA staffer Sue Gagne said.

The event's debut was in 2019, and then it didn't return for two years due to the pandemic, Gagne said. Organizers are excited to bring it back as an educational tool and for some fun with the local band that includes Neil and Joe Gagne and Peter Gomez.

Also visiting Austin Park from 1 to 8 p.m. on Aug. 27, Just Kings will be hosting a backpack giveaway and chicken barbecue fundraiser.

Other event applications for the fall include Ascension Parish with an Oktoberfest fundraiser on October 1, and All Babies Cherished with a vendor fair on October 22.

File photos of a Just Kings chicken barbecue and GCASA's Overdose Awareness Day.

Downtown businesses plan for expansion on Main Street

By Joanne Beck

2018 File Photo: Eli Fish Brewing Company shows a definite sign during its initial phase of development, and now owners are planning a two-level back patio adjacent to Jackson Square. Photo by Howard Owens.

Recession? What recession?

Despite global doomsday predictions to go along with inflationary prices, there appear to be signs of definite life in downtown Batavia. Three Main Street businesses have each applied for a $20,000 grant for planned site expansions.

City Council is expected to discuss the applications during its conference meeting at 7 p.m. Monday in Council Chambers, City Hall.

Matt Gray, as AGRV Properties, Inc., is looking backward for his project — a patio adjacent to Jackson Square. With an investment of $140,000, the additional grant would support the cost of building an outdoor patio for Eli Fish Brewing Company at 109 Main St. Aid from grant funding will allow the applicant to replace the rear, exterior stairs and doors and assist in the cost of adding a large two-level patio attached to the rear of the building, according to the application to Batavia Development Corporation.

BDC’s board approved the request, according to a memo from Director Tammy Hathaway, and has forwarded it to council for final approval. The money is from BDC’s Revolving Loan Fund, which has a total of $120,097, Hathaway said. Specifically, the City of Batavia Revolving Loan Fund Grant Policy seeks to have private building owners make lasting building, public and/or façade improvements within the City.

Down the street are two more projects to be reviewed by council. Applicant Peter Casey, as 73 on rotary, LLC, has asked for $20,000 grants each, for 73 Main St., and an adjacent site at 79-81 Main St.

That block of the building apparently has some growing pains as well, with upgrades for YNGodess — by increasing usable space in the shop, and updating a breakroom and bathroom facility. An investment of $80,000 would be augmented with the grant money for the upgrades. The BDC Board approved the request and it now rests with the council for final approval.

Casey’s other project is to renovate the former Alberty’s Drug Store property at 79-81 and move the law office of DelPlato Casey into that space. Capital investment for this project is pegged at $820,000. Work includes handicap access to the firm's office and provides more room for the growing legal practice, according to the application.

Growth is expected immediately, with the addition of one staff member and the potential for two more hired soon afterward.

Council is also expected to discuss funding for the purchase of a new fire engine. A final funding pack includes a 20-year loan for $665,000 at 2.5 percent, and a $100,000 U.S. Department of Agriculture Rural Development grant, with an upfront contribution of $36,681 from the city’s fire reserves.

This fire engine is to replace Engine 12, which, at 20 years old, is showing signs of “extreme corrosion,” City Manager Rachael Tabelski said in a memo to council. The new vehicle would include a custom cab with seating for six fire personnel, a 1,500 per minute fire pump with foam capacity, a 750-gallon water tank, latest safety features, and full LED emergency and scene lights for maximum safety for personnel, and she recommends the purchase.

Farm animal registry might be too time-consuming for city officials

By Joanne Beck

A suggestion from City Planning and Development Committee members may have seemed like a good idea for better controlling farm animals, but it’s on a proposed chopping block for City Council’s Monday meeting.

The planning committee was tasked last month to review city code for the keeping of farm animals within city property and make some recommendations for how to deal with specific issues on a city-wide scale.

Neighbor complaints about goats running loose on Burke Drive were, in large part, what drove council to take another look at the animal ordinance. The group wanted the planning committee also to review it since committee members -- including Code Enforcement Officer Doug Randall -- were more versed with city code details.

The committee recommended a limit of six chickens on any one property, and implementing a system — to create a paper trail and more tracking — to document what types of animal species, how many, and where they are located, for city residents.

It seemed like a good idea, and one that would let city officials know who had what at their properties, committee members had agreed.

However, after reviewing the recommendations with city staff and the attorney, “we respectfully disagree with the addition of section E,” City Manager Rachael Tabelski said in a memo to council.

“The intent of the new law was to restrict animal and fowl in the city and provide code enforcement clear and concise guidelines for citing violations,” Tabelski said. “The city does not have the staff or resources to create an animal registry, to tag, and track pre-existing animals. Therefore, and with respect to the PDC’s deliberation, I recommend that the City Council strike section E from the proposed code revision.”

If approved by council, the code revisions will revert back to City Council for consideration and to set a public heading to receive public feedback before considering a local law adoption.

That public hearing is to be set for 7 p.m. Sept. 12. Council's conference session is at 7 p.m. Monday in Council Chambers, City Hall.

File photo of Jill Turner of Batavia with some of her goats at a summer event. Neighbors have complained about the goats getting loose, and the smell of goats and chickens, prompting a City Council review of a farm animal ordinance in the city code. Photo by Joanne Beck.

Foreclosures are no foregone conclusion for City Centre, officials say

By Joanne Beck

It might be difficult to be a fan of Batavia City Centre, which has struggled with an image problem, about a third of it being unoccupied and with vacant properties and foreclosures that are costing city taxpayers $45,000 a year in mall user fees.

The city pays those user fees to the City Centre Fund, not counting City Hall, which is assessed at $1.45 million and costs $23,000 a year in user fees.

The foreclosed properties and their assessed values are:

  • Parcel 2 - $16,970
  • Parcel 11, formerly Valle’s Jewelers - $124,000
  • Parcels 35 and 39, formerly Advanced Imaging - $139,300 and $6,970
  • Parcels 17-20, formerly Gentleman Jim’s, Palace of Sweets, The Hiding Place - $55,300

Batavia Players has a lease deal with the city to rent out parcels 2, 35 and 39 for a total of $45,768, City Manager Rachael Tabelski said.

That total assessed value of $342,540 has a zero property tax while in foreclosure.

Parcel 2, formerly Sunny’s restaurant, has been served a petition and notice of foreclosure, Tabelski said. The total assessed value will then be $440,543.

Mall merchants Bob Chiarmonte and Craig Jackson recently said they believed the city wasn’t working to fill those vacant spots and wished that more would be done to get new businesses in there. The Batavian reached out to Tabelski and Batavia Development Corporation Director Tammy Hathaway to find out what they were doing to market the vacancies.

Speaking on behalf of both of them, Tabelski said the vacant properties are shown to prospective buyers by Public Works Department staff and Hathaway. She did not mention any form of action being taken to market the sites.

“The city supports putting these parcels into productive use, and they may become more attractive to businesses as improvements are made in City Centre, including the roof, silos, and lighting,” Tabelski said.

Chiarmonte and Jackson hope that’s true. An entire roof replacement has been completed over the concourse, and the silos (entryways) are in the design phase to improve the look and practicality of the vertical tunnels at each entrance.

“I think upgrading the interior would make a difference; it’s more important than the exterior,” Chiarmonte said.

Case in point: the entryway next to the former Sunny’s. Just look up, and it becomes obvious how much wear and tear the structures have taken with rain and melting snow. Jackson pointed out that, when installed, the silo roof was tucked in lower within the structure, which doesn’t seem to allow an easy escape for water. Stains are easily visible and run down the length of the silo from the roof.

Other improvements, more cosmetic in nature, are to include painting the walls and floors. Ceiling tiles — which were black and haphazardly missing throughout the concourse — have begun to be taken down for a modern, industrial appearance.  

There are 34 business-related sites, according to a listed address within the concourse. A total assessed value, excluding foreclosed and other city properties, and a nonprofit organization, is more than $2.2 million. That’s more than $2 million worth of property taxes going into city revenues.

It seems a given that the mall-turned-City Centre’s reputation needs a major overhaul after all of these years of legal turmoil and struggle to retain newer businesses. But then some retailers have made a go of it over the long haul — Jackson and business partner Loretta DelPriore have thrived with Batavia Stagecoach Florist for more than two decades, Chiarmonte’s Classic Optical has been there 38 years, and Erika Siverling’s LeBeau Salon for more than 10 years, plus medical and dental providers with long-term track records.

City officials have shared plans to expand the scope and improve the appearance of the Centre, and tearing it down has been ruled out. That leaves a hint of promise that the bemoaned downtown landmark might just get a revival, and all involved hope that cynics might just become fans.   

Top photo: Some of the properties in foreclosure at Batavia City Centre, photo from City of Batavia; City Manager Rachael Tabelsk, photo by Howard Owens; and a silo at the Centre, photo by Joanne Beck.

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