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Law and Order: Alexander Road man accused of strangling two victims, jailed without bail

By Billie Owens

Kaleb James Bobzien, 23, of Alexander Road, Batavia, is charged with: second-degree strangulation; two counts of criminal obstruction of breathing; and endangering the welfare of a child under age 17. Bobzien was arrested at 8 p.m. June 24 on Alexander Road in Batavia after an incident in which he allegedly obstructed the breathing of two victims, including one juvenile. During an altercation with the two victms, Bobzien is alleged to have placed a blanket over the face of one victim while choking the second victim with his arm. One victim reported an injury to her neck as a result of the choking. Following an investigation, Bobzien was arrested and put in Genesee County Jail with no bail. The case was handled by Genesee County Sheriff's Deputy Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

David Thomas Gay, 40, of Ellicott Street, Batavia is charged with: driving while intoxicated -- first offense; unlawfully fleeing a police officer in a motor vehicle in the third degree; second-degree obstruction of governmental administration; resisting arrest; and speeding -- exceeding 55 mph; and refusal to take a breath test. On June 30 at 8:36 p.m., Gay was arrested on Byron Road in Stafford after Genesee County Sheriff's Deputy Kenneth Quackenbush tried to stop Gay's vehicle on Route 33 for allegedly violating NYS vehicle and traffic law. Gay eventually stopped a few miles away on Byron Road. It is alleged that Gay was intoxicated and that he resisted arrest. Gay was transported to GC Jail, where he allegedly fought with officers. He was released with appearance tickets and is due in Stafford Town Court on July 9. Quackenbush was assisted by Deputy Jacob Gauthier in this case.

Newly elected City Schools trustee steps down to pursue administration position

By Howard B. Owens

Brenda Good, elected to a City Schools Board of Trustees seat in May would rather be a candidate for an administrator's position in the district than a member of the board, according to a letter of resignation she sent to Superintendent Anibal Soler on June 14.

The board voted unanimously to accept her resignation last night.

Good's resignation comes after last month's resignation by Peter Cecere, so there are now two vacant positions on the board. 

In her resignation email to Soler, Good acknowledged a prior phone call and said, "After much thought, I have decided to resign my anticipated seat on the Batavia City School Board. I am very invested in the youth and community of Batavia as my goal is to help all of our students become successful adults. With that said, I'm highly interested in becoming an administrator within the Batavia City School District. I'd like to be given the opportunity to interview for anticipated openings."

It will be up to the remaining trustees to fill the vacancies and the district has posted a call for candidates.

John Reigle, who won re-election in May, and Jennifer Lendvay, elected to her first term, took their oaths of office last night.

Anibal Soler informs staff he's likely to become new superintendent in Schenectady

By Howard B. Owens

Eighteen months into his tenure as Batavia City School District superintendent, Anibal Soler informed city schools staff this morning that he is the final candidate to become superintendent of schools in Schenectady.

"Once I am officially appointed, I will be working with the Board of Education on a transition plan to ensure the district is supported and ready to reopen in the Fall, Batavia Strong," Soler said in his letter.

In an interview this morning, Soler said it's bittersweet leaving Batavia where he thinks the district has moved forward during his time here but the opportunity in Schenectady fits his career aspirations. 

"It's a larger district in a larger community," Soler said. 

It also offers some significant challenges for an ambitious superintendent. The graduation rate there is 68 to 70 percent, much lower than Batavia's 90 to 94 percent, and Schenectady has a couple of schools in receivership, which are "persistently struggling" schools.

"It wasn't an easy decision," Soler said. "I thought about it a long time and this fits my aspirations to do good things for more students."

There are 9,750 students in the Schenectady district. There are 2,283 students in Batavia.

Soler will step into a district roiled by controversy and facing a $7.8 million lawsuit by its former superintendent, Larry Spring.  

The claim alleges Spring was "coerced" to resign a year ago based on what he insists were false sexual harassment and workplace retaliation allegations made by a female employee, and that the district subsequently breached a confidentiality agreement by allegedly sharing materials concerning the claims against Spring with the media.

Soler said he was aware of the situation but knew no more about it than what has been reported in news sources. He then shifted the discussion to the bigger challenge of the academic issues in the district.

Soler has not officially resigned. He informed the school board and the staff of his position as the finalist in Schenectady because his potential appointment is being made public in that community today. Once the Schenectady board approves his appointment -- the vote is Wednesday -- Soler will formally resign from Batavia City Schools and begin working with the board and staff on a transition.

The Batavia City School District Board of Trustees recently approved a contractually scheduled 2-percent raise for Soler along with a one-year contract extension, extending the agreement to 2024. Soler was expected to make $164,800 in 2021-22.

After more than eight years with the Schenectady district, Spring was earning $205,000 a year at the time of his resignation.

Letter:

Good morning Batavia Staff, 

I hope your summer recess has kicked off to an amazing start and you are finding time to rest, rejuvenate and recharge. I am writing to let you know that today it will be announced that I have been selected as the next permanent candidate for Superintendent of Schools in the Schenectady City School District in Schenectady, NY. 

This was not an easy decision given all that we have endured and achieved in my short tenure. I want to first thank the Batavia Board of Education for their continuous support and understanding. Once I am officially appointed I will be working with the Board of Education on a transition plan to ensure the district is supported and ready to reopen in the Fall, Batavia Strong. 

It has truly been my honor and privilege to serve the children and families of Batavia for the past year and a half. I thank the many parents, community members and countless committed educators and staff members, who have offered their unwavering encouragement, resources, and expertise on behalf of children. What we accomplished during a pandemic is commendable and will never be something I will forget. In addition, working with the dedicated individuals on the leadership team and staff who also comprise the Batavia School Board has been equally rewarding. 

Most importantly, I thank the students of Batavia, for demonstrating their talents, resilience, persistence, and skills to all of us during what has been a difficult time. The work we accomplished across the district includes experiences that I will take with me as I embark on this new opportunity.

I am extremely proud of the work we accomplished together during my time in Batavia City Schools. Behind each of these accomplishments lies the hard work and dedication of the exceptional Leadership Team in the district. 

These are but a few of those achievements and highlights:

  • Developed a strong Reopening Plan in the Fall of 2020.
    • No layoffs or mid-year cuts in staff during pandemic despite ongoing threat from Governor’s Office regarding a 20% reduction.
    • Stayed open five days a week throughout the majority of 2020-21 school year for our English Language Learners, Special Education, and at-risk students.
    • Reopened schools for the last 10 weeks to 5 days of in-person learning.
    • All of our student-athletes were able to have a sports season this year.
  • 2019-20 Budget: Closed $2 million deficit & 0% Tax Increase - 63% Community Approval.
  • 2020-21 Budget: Adopted with 0% Tax Increase and no impact on staff/ programs - 82% Community Approval.
  • The 2020-21 Budget includes fully funded appropriated & unappropriated reserve funds.
  • Graduation rate for 2016-20 Cohort 93% (June) Cohort 94% (August) - 2% point growth from the previous cohort.  Estimated to be higher for 2017-21 Cohort.
  • Served 500,000 meals to our community since March 2020.
  • Opened the new Family and Community Engagement Center at Robert Morris.
  • Launched a Community Schools Initiative that focuses on equity, opportunity and family.
  • Implemented a Strategic Planning Process - that will help guide the district forward for years to come.
  • Adopted Policy 8140, Equity, Inclusivity, and Diversity in Education - which will create systemic structures and practices to ensure ALL kids are supported.
  • District-wide Equity Journey.
  • Grants Awarded:
    • My Brother’s Keeper Family & Community Engagement Grant - $500,000 (4 year Grant).
    • Extended School Day/ School Violence Prevention Grant - $1.75 million (5 year Grant).
  • Built a new state of the art playground at Jackson Primary School.
  • Assisted in adding an eSports Program at BHS in partnership with Daemen College.
  • Successfully Negotiated contracts for the Batavia Custodial Department, Batavia Administrative Association and IT Department. 
  • Energy Performance Contract Initiated that will bring operational savings to the district.
  • Completed an updated Building Condition Survey of all district facilities. 
  • Implemented new website management and communication platform - Thrillshare by Apptegy.
  • Added a new critical executive position to the organization overseeing Human Resources, labor relations and personnel matters. 

I wish much-continued success for Batavia and the Batavia City School District. Batavia will always hold a special place in my heart as the district of my first Superintendency. I will, at the pleasure of the Board, spend my remaining time ensuring and assisting in a smooth transition in order to maintain the positive momentum that has begun. 

Enjoy your holiday weekend.

Batavia Community Schools initiative is on a mission to meet needs of students, parents beyond the classroom

By Mike Pettinella

Acknowledging that she is at the starting line, longtime Batavia City Schools administrator Julia Rogers says she has great expectations for the district’s new Batavia Community Schools program.

“I think the biggest thing is that we want to get our outreach in many different areas,” said Rogers, a Batavia native. “Batavia Community Schools wants to be everywhere and anywhere so that people know that we’re here to support the community – even during the summer when we’re based at Robert Morris (building on Union Street).

Rogers was speaking during an interagency informational event in conjunction with Genesee/Orleans Council on Alcoholism and Substance Abuse last week at The Recovery Station on Clinton Street Road.

She said the goal of Batavia Community Schools is to inspire student success in many different ways, exploring opportunities and activities beyond the classroom.

“We find that in order to encourage success in the classroom, you also have to support the families. And by supporting the families, we’re looking at all aspects – from integrated student supports, mental health, dental, medical, healthy lifestyles and also jobs,” she said.

The program’s framework is adaptable to communities of all sizes, she said, mentioning that Wayne County has launched one for its school district.

“For Batavia, it really works with our demographics,” she said. “We have all different needs in our community. We’re going to be working with elders and working with the young. Really, this goes beyond the academics of school.”

Rogers said that as someone who grew up in Batavia, she understands the community and most of its needs, but admitted “that I’m learning through this position that there are needs that I wasn’t aware of.”

“The initiative is going to continue to grow as we have evening and weekend programming lined up. We’re building this and we’re open to ideas from residents to help us move forward,” she said.

Several agencies participated in the event, including Richmond Memorial Library, Hillside Children’s Center, ACT, Blue Cross/Blue Shield, Young Life and, of course, GCASA.

Sherri Bensley, assistant director of Prevention at GCASA, said she set up a “Hidden Mischief” test for parents – a mock teen bedroom that was “planted” with numerous illegal drugs (facsimiles), drug paraphernalia and drug references.

The object was to see how many of these things parents could find in the three to five minutes they were given to search the bedroom.

“Once they do that, we do a presentation and show them different things that kids have hidden, such as a stash can or drug references that parents don’t know about,” Bensley said. “It has been a program that we have taken throughout Genesee and Orleans counties -- to schools, open houses and those type of things. It’s really a popular program right now that is providing valuable education to parents about the drug culture.”

Photo at top: Julia Rogers, center, Batavia Community Schools coordinator, greets Erin Mattison, left, and Halee Potter, educators with ACT, a Community Action of Orleans and Genesee program that offers a curriculum geared to helping those from the ages of 11 to 21 make responsible choices when it comes to sexual health.

Photo at bottom: Carla Laird, front, and Melissa Vinyard search for drugs and drug-related items during a "Hidden Mischief" exercise offered by GCASA at the recent informational fair at The Recovery Station.

Disclosure: Mike Pettinella is the media specialist for GCASA.

Power outage reported on east side of Batavia into Stafford, Bethany, and Byron

By Howard B. Owens

A power outage affecting more than 4,600 National Grid customers is reported in the northeast section of Batavia into Byron, Stafford and East Bethany.

A crew has yet to be assigned. There is not yet an ETA for repairs.

A dispatcher informed Batavia PD that several traffic lights are not functioning in the area.

UPDATE 11:08 a.m.: Dispatch has received calls from people concerned about the light being out at Route 33 and Batavia Stafford Townline Road. The concern is that people "coming over the hill" will not see the lights are out. A trooper is advised but the dispatcher said callers have been advised multiple lights are out in the area and law enforcement may not be available for that specific intersection.

UPDATE 11:21 a.m.: Statement from Batavia PD: "There is currently a power outage affecting some areas of the City. Remember that if you approach a traffic signal that is not functioning to treat it as a 4-way stop."

UPDATE 11:30 a.m.: The estimated power restoration time for the Batavia-to-Byron outage is 1:15 p.m. For the outage to the east, the restoration time estimate is 12:45 p.m.

UPDATE Noon: Statement from National Grid -- "Earlier today a faulty piece of equipment at a substation resulted in the loss of electricity service for around 4,800 customers in the Batavia area. Our crews are making repairs and they should all be restored at around 1 p.m."

UPDATE 1:41 p.m.: It appears power has been restored to both areas.

With shooting range in doubt, Lewis aims for campground, drive-in at Town of Batavia location

By Mike Pettinella

While not giving up on the Town of Batavia location completely, Brandon Lewis, owner of The Firing Pin in Bergen, figures he’s fighting a losing battle as far as developing an outdoor shooting range at the 22-acre parcel he owns at 3269 Harloff Road.

Acknowledging restrictions that come with the necessary special use permit from the Town of Batavia Planning Board and solid opposition from homeowners in that area, Lewis said he is changing up his game plan for the property.

“We’re going to move forward with some of our other business ventures as it does look less and less likely every day (that a shooting range will become a reality there) just because of the requirements set forth by the town,” Lewis said on Monday afternoon.

“(The revised plan) would include some of the other ideas I had, maybe not as full bore as I wanted to. I do like the property and I would like to keep it.”

Lewis, a Brockport resident who grew up in Genesee County, introduced his idea to place a shooting range/training facility, modest drive-in movie theater and small campground in March to the Genesee County Planning Board.

Since then, he has appeared before the town planning board on a few occasions but the proposal has been stuck in the mud for several reasons: planners’ justifiable request for specific details of Lewis’ plan; Lewis’ questioning of the constraints of the special use permit and; most notably, Harloff Road area residents’ objections to the shooting range over, primarily, noise and safety concerns.

“It’s not so much the town, but I don’t want to run a business where every neighbor is pitting against me,” Lewis said. “That’s certainly not how my shop in Bergen is. I think the community quite likes us out there.”

He said he understands the planning board is “just trying to do their duty” but isn’t ready to invest several hundred thousand dollars in an unreceptive environment.

“I just think no matter what I do, the residents – the locals – are just going to be against it. My neighbor here, Chris (Mosier) at Area 51. He’s been there how many years? And they’re giving him trouble, too,” he said.

Lewis said he continues to look into how he can proceed with the campground and drive-in ventures.

“The camping was never intended to be a 200 or 300 spot campsite. It will be like 20 spots at the most, and will be like dry camping or boondocking, basically,” he said. “It’s just a spot to do it inexpensively. There won’t be sewer. A lot of people questioned that project, too. Once we unveil the full project of it, they’ll see that there’s nothing to be worried about.”

On the drive-in, he said it could become a major undertaking.

“If you want to show current release movies, just the projection equipment alone is like $200,000 or $300,000, if not more,” he said. “Again, I’m not going to spend a half a million dollars needed to do everything to put in a drive-in, and then in a few years the neighbors say, ‘No, we don’t want it anymore,’ and they pull the special use permit.”

Lewis said he hasn’t contacted the planning board to have his referral placed on an agenda yet.

“I’m just regrouping – working with some of my other friends who are small business owners and seeing what kind of collaborations we can do together. I’m just trying to get something going out here so we can use the property and keep improving it,” he said.

As far as the outdoor shooting range is concerned, Lewis said he believes there is “a definite need” and he’s exploring other locations.

“We showed that there was a need for an indoor range like we offer (in Bergen) and I think the same thing – what we could do with an outdoor range, we still want to do,” he said. “We’re looking at properties that are more suited or better for us. If we can find a spot that’s great, we’re going to move forward with it. If anyone has land that could hold a 1,000-yard range, have them call me at (585) 494-0333.”

Previously: All jammed up. Shooting range proposal's lack of progress, commentary irritate Town of Batavia planners

No bail hearing and no plea yet for Batavia man facing multiple charges

By Howard B. Owens
         Devon Wright

A Batavia man who has been arrested multiple times since 2019 but has remained out of jail apparently because of the state's bail reform law was admonished by Judge Charle Zambito today that he is "walking a fine" line while his cases are pending.

Zambito was shown a photograph provided by Genesee Justice that apparently showed Devon Wright, 19, received a traffic ticket for alleged aggravated unauthorized operation. The ticket, Zambito said, indicated that Wright was outside of his residence at night in violation of his terms of release.

It was expected that Wright would enter a guilty plea today in relation to his multiple charges but his attorney, Nathan Pace, said he needed more time to explain the charges and plea to his client. After much haggling over a date -- finding a time that fits into both Pace's calendar and the court calendar -- the parties agree to be back in court at 11:45 a.m., July 19.

After the appearance date was set, District Attorney Lawrence Friedman raised the issue of the email from Genesee Justice with the attached photo.

Friedman noted that at Wright's last court appearance -- after Wright was arrested on a weapon's charge -- he asked that Wright's bail be revoked. He renewed that request today.

Zambito read to Friedman the language of the current bail statute. The law would require Zambito to conduct a bail hearing, at which time Wright could challenge the evidence against him and present his own evidence, and even after the hearing, if Zambito determined new bail requirements were required, Zambito could only set the minimum bail necessary to assure Wright's appearance at future hearings.

"The one thing Mr. Wright has done," Zambito said, "is appear in court when he's told to appear. He may be out committing crimes but he's been here when he needs to be here. I can't change the law. I don't like it myself."

At Wright's May 24 hearing, Zambito also expressed frustration with bail reform law.

"It's impossible under the current bail reform laws," Zambito said then. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested." 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

In the past 21 months, Batavia PD has reported the following arrests:

After reminding Friedman of the constraints of the law, Zambito asked if Friedman wanted a hearing on this latest apparent violation of the terms of Wright's release and Friedman said no. 

In speaking to Wright, Zambito noted that the picture couldn't be authenticated and that may be a factor in why Friedman wasn't requesting a hearing because "if he could confirm when the picture was taken he would not only be asking that your bail be pulled but he would be asking for new charges."

He then told Wright, "You're on curfew. You need to be home at 9 p.m., not 10 after nine and you can't be out driving. Your privilege has been revoked."

Assemblyman Hawley pens letter in support of Council's stance against 'disastrous, dangerous' bail reform

By Mike Pettinella

With Assemblyman Steve Hawley already weighing in on her push to get New York State lawmakers to change the current bail rules and regulations, City Council Member Rose Mary Christian is hopeful that other municipalities will act as well.

Hawley penned a letter dated June 24 in response to hearing Christian’s concerns about what he writes, “the disastrous and dangerous 2019 Bail Reform” (that puts strict limits on the use of cash bail and pretrial detention).

The assemblyman’s letter points to a plan introduced by the Minority Conference to help combat the recent rise in violent crime across the state, and outlines seven areas of proposed legislation to counteract the 2019 Bail Reform act. The letter was entered into Monday night’s City Council meeting proceedings with City Clerk Heidi Parker reading the 14-paragraph statement aloud.

At Council’s meeting on June 14, Christian requested that the city draft a letter requesting a change in the bail reform laws – and her colleagues agreed – and sending it to state representatives in Albany.

Last night, the board reviewed a letter written by City Manager Rachael Tabelski, accepting a revision of the third paragraph to read:

“We commend the Legislature’s efforts to roll back some of the original reforms that were passed last year, such as allowing judges to set bail for more criminal charges that had eliminated bail. We respectfully request that the Legislature consider adding more crimes in which judges have discretion to set bail, including crimes against police officers, firemen and sexual assaults and burglary. We also support restoring bail for any crime involving the use of a gun.”

Christian was pleased with the changes, noting that the letter “has got some teeth in it now.”

“By us passing this – and not just by one person, not by just me but this whole board – is very important and it will show some credence to the fact that we really mean business and maybe other councils, maybe other towns, will follow and we might be able to change this law now,” she said.

It also was suggested to send the letter to Genesee Association of Municipalities in anticipation of it being sent to all Genesee County towns and villages.

Previously: City manager drafts letter from Council asking New York State lawmakers to 'revisit' bail reform laws

Napolitano shows humility as he bids farewell to the city; Dan Herberger to assume role as interim fire chief

By Mike Pettinella

As is his style, City of Batavia Fire Chief Stefano Napolitano humbly took a bow Monday night as he prepares to move on to a New York State-level position next month, while giving all the credit for his success to his employees and thanking city management and staff for the opportunity to serve over the past four years.

“It has been amazing times and tough times, but through it all I was successful because of my team over there,” Napolitano said, pointing to the 10 firefighters who came to the City Council meeting in honor of their chief. “I’m just the guy that signs the payroll -- I point a little bit and throw an idea out -- but it’s the staff here in the City of Batavia Fire Department that makes everything happen.”

Napolitano quickly endeared himself to city leaders and residents after accepting the position in April 2017, relocating after a productive career as deputy fire chief for the Village of Herkimer.

City Council President Eugene Jankowski Jr. called Napolitano, a Queens native, a great leader and said he will be missed.

“Hopefully, we’ll be seeing you back and helping out in our area, and I wish you all the best,” Jankowski said.

City Manager Rachael Tabelski thanked Napolitano for his work.

“I’ve only had the pleasure of working with you for about two years, but they’ve been great years,” she said. “You really are a true leader to your staff – and everyone here is a testament (to that).”

LEAVING IS ‘VERY BITTERSWEET’

Moved by a standing ovation from all in attendance, Napolitano quickly deflected any credit away from himself.

“They (his staff) allowed me to come in here four years ago; didn’t know anything about me, a transplant from 175 miles away,” he said. “They immediately accepted me and it’s been a great partnership – relationship. I’m fortunate to say that I know pretty much all of their family members.”

Napolitano said the situation is “very bittersweet.”

“This job is an opportunity to serve more firefighters at the state level, but it’s very bittersweet leaving my new home,” he said.

On July 19, he begins his new job as deputy state fire administrator, working out of an office in a building on the State University of Albany campus. The state position is affiliated with the Division of Homeland Security and Emergency Services. His final day in Batavia is July 9.

He said he expects to do a fair amount of traveling in his new position and likely will be back at some point. He then thanked city management and staff.

“It’s been an absolute pleasure and honor, and I thank everyone.”

HERBERGER TO STEP IN

Tabelski then announced the appointment of Capt. Dan Herberger as interim fire chief – a position that Herberger held for 16 months before Napolitano was hired.

Herberger has climbed up the ranks, joining the department as a paramedic in 2002 before being promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.

Contacted this morning, Herberger said he’s prepared to take the reins on an interim basis, but is in an exploration stage as far as the permanent position is concerned.

“There were two other captains that were interested and we did a lot of talking amongst ourselves … so, at this point I’m really exploring – again – the position,” he said. “You know, a lot has changed with me in four years but a lot hasn’t changed with me in four years, with family situation and the like.”

He said he’s looking at the full-time chief position “very critically and taking all points of interest in.”

Married with three children, ages 17, 13 and 11, the Lancaster resident said he’s coming in to the interim role objectively and was willing to “take another crack at it.”

Speaking of the two other captains, Herberger, 47, said they decided to talk to Tabelski individually and let the process play out. He said no timetable has been set as far as when the permanent position is filled.

“We have some meetings coming up with Chief Napolitano during the transition, but we haven’t got into anything much past that,” he said. “I’m sure that eventually Rachael and I will sit down and discuss the details (of the chief’s position).”

Herberger said he has always desired to be a part of the community he serves, never wanting his place of residence to interfere with his responsibilities in Batavia.

KEY IS TREATING PEOPLE RIGHT

“I always try to treat people like they’re my neighbors,” he said. “Just because I live in Lancaster … I treat people like I want my mother to be treated, and that has always served me well and people accepted that.”

Napolitano said he backed Herberger, stating that he’s “a strong captain supported by a strong group. The city is very well served.”

And Herberger had nothing but good things to say about Napolitano.

“I always said that coming into a department from a different part of the state has to be difficult because you don’t know all of the inner workings … but he – I think it’s his personality – came in and really took the bull by the horns and made a conscious effort of forging relationships and putting the fire department in a positive light,” he said.

“He was open and honest with us, and even though we might not have agreed with him every time, we always appreciated that.”

Photo at top: Batavia Fire Chief Stefano Napolitano thanks city officials and staff for supporting him throughout his four-year tenure. Photo at bottom: Staff members, including Capt. Dan Herberger, second from right, attended the City Council meeting. Herberger has been appointed as interim fire chief. Photos by Mike Pettinella.

House on Gilhooly Road a total loss from fire

By Howard B. Owens

What may have started as a porch fire early Monday morning at 4225 Gilhooly Road, and was dispatched as a porch fire, turned out to be a fully involved house fire, said Alexander Fire Chief Marshall Merle.

The house was a total loss.

All occupants, at least four and maybe five people, Merle said, were out of the house and safe by the time fire crews arrived on scene.

There was no mention of any pets in the residence, Merle said.

No firefighters were injured during the incident. 

Merle said the fire started in the porch area. It's unclear if it started outside or inside the residence but investigators are leaning toward thinking it started inside, he said.  The cause is currently undetermined.

The American Red Cross is assisting the family. The Salvation Army responded to provide refreshments to the firefighters. Bethany's auxiliary also responded.

The biggest challenge in fighting the fire was water supply. Merle requested several tankers to the scene. Once on scene, firefighters were able to locate a pond on the property, which the fire department did not previously know about, and two engines were employed to pump water for fire suppression.

Responding to the fire were Alexander, Batavia, Bethany, Darien, East Pembroke, Stafford, and Pavilion. The City's Fast Team also responded. A crew from the Wyoming Correctional Facility assisted with scene cleanup.

Photos Courtesy Todd Rapp.

Council member: 'Rocket Car' restoration is almost done

By Mike Pettinella

What’s going on with the “Rocket Car?”

City resident John Roach posed that question about the 1938 invention of former Batavia resident Charles D. Thomas to Batavia City Council members at their meeting Monday night.

The vehicle, with innovations such as a rearview periscope and independent suspension, is officially called the Thomas Rocket Car. It was designed by Thomas and put together by a friend and welder, Norman Richardson, in a rented garage near Main Street and Ellicott Avenue.

It has been in the hands of Dick McClurg of Old World Collision for more than five years. The plan is to have the car, once fully restored, placed on display somewhere in the city.

Council Member Robert Bialkowski said the car was in the Memorial Day parade – on a trailer hauled by McClurg.

“Ninety-nine and a half percent of the exterior body work is done, the headliners in the interior panels are done, and I think they are waiting now to get a windshield and some other odds and ends, and it will be complete,” Bialkowski said.

City Manager Rachael Tabelski reported that, pre-COVID, there was a meeting with the Chamber of Commerce; Howard Owens, publisher of The Batavian, and McClurg, “and there was still a bit of fundraising to do – the last few parts and pieces of it – and we have not established the permanent home or location.”

She said people want to move it around to different shows, so she isn’t sure if the City Centre would be suitable in that case.

Bialkowski spoke of the independent suspension and unique periscope in responding to Roach’s query.

“It had a periscope, because back then if anybody remembers the older cars they were torpedo shaped in the back – you couldn’t see anything backing up – so a slow periscope went up and you looked in a mirror and you could see where you were backing up,” he said.

He said auto companies weren’t ready for something like that and that the car was way ahead of its time.

The car was cut up into pieces and almost scrapped, he said, before finding its way to Old World Collision for restoration.

“People from all over the country that aren’t from around here seem to know about it,” Bialkowski added.

Previously: Thomas Rocket Car nearly restored but another $4k needed to complete project

Photo at top: Picture of the original Thomas Rocket Car.

'It's horrible.' City resident seeks police intervention to end criminal activity around Washington Avenue

By Mike Pettinella

There’s some serious stuff going on around Washington Avenue, Willow Street and State Street -- and at least one resident is imploring City Council to do something about it.

“I’m just here tonight because I’m concerned about the neighborhood,” said Lynne Geissler, (in photo at top), noting that she has lived at Washington and Willow for four years. “I understand that it’s a different neighborhood.”

Geissler, speaking during the public comments portion of tonight’s Conference Meeting at City Centre Council Board Room, mentioned the increase in “criminal action,” adding that it is “horrible” and is taking place at all hours of the night, causing her to lose sleep.

“There’s got to be some way that … I don’t know,” she said. “I was going to go to the police department to talk to the police chief but they’re not letting anybody in (or so she believed). So, I figured I’d come down here to talk, to see, because there’s a lot of things going on and it has to be taken care of.”

She brought up that she has health issues and understands that drugs and mental disorders are real problems.

“But when you’re having the police at your house 20 times in a four-day period, and our landlord can’t do anything (and) we as tenants can’t do anything,” she said. “There’s got to be some way – CPS (Child Protective Services), there’s mental health, everybody’s involved but nothing’s getting fixed.”

Jankowski advised her to talk with Police Chief Shawn Heubusch directly after the meeting and set up an appointment.

Council Member Kathleen Briggs said that she has received calls from people living on State Street “and they’re telling me that they do call police and police are responding.”

“I also told them that they should contact their landlords and they said the landlords aren’t doing anything,” she added. “Police are doing what they can but don’t you think we have to hold these landlords accountable?”

It was mentioned that these instigators should be evicted, but current laws against eviction have tied landlords’ hands.

Geissler said her landlord is sympathetic but indicated that “if he went to evict someone right now – if it was one of his houses – it would be nine to 12 months before that person would be out.”

Afterward, Heubusch acknowledged that officers are dealing with "some serious things" and, without getting into details, said that investigations are ongoing.

“We will look into this further,” he said.

BOYD RESUMES DISC GOLF PITCH

Last month, city resident Phillip Boyd came to a City Council meeting to promote the placement of a disc golf course at a city park.

He reappeared tonight, flanked by six other disc golf enthusiasts, and said he has mapped out a course that would take up about two-thirds of Centennial Park, the 14-acre natural setting located in the north-central part of the city.

Boyd said he also has prices for how much sponsorship would cost.

“Now, I’m just looking for it to be actually brought up as an agenda item,” he said.

With that, City Council President Eugene Jankowski advised him to turn all his documents over to City Manager Rachael Tabelski and work with her going forward.

Two of his friends, Doug Forsyth and Louis Ortiz, also went up to the podium, speaking briefly while indicating that they backed Boyd’s efforts.

Forsyth said he heard about the matter from reading The Batavian and wanted to let Council know that his group has secured some funding for the initiative.

Tabelski said Centennial Park is the preferred location. She added that she will review Boyd’s proposal with department heads with the expectation of providing a recommendation to Council at the July 12 meeting.

In legislative matters, Council approved:

  • A resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main, and another setting a public hearing on the matter for 7 p.m. July 12. Tabelski said she thinks the grant, if received, could fund up to 90 percent of the project cost.
  • A resolution to award V.J. Gautieri Constructors $18,800 from the city’s Revolving Loan Fund Grant to help replace sidewalks at the Ellicott Place project at 45-47 Ellicott St. (Save-A-Lot building).

Sheriff's Office would like to find person who spray painted graffiti in County Park

By Howard B. Owens

The Sheriff's Office is seeking the public's assistance in identifying a person or people who defaced public property in the Genesee County Park in the Town of Bethany.

The vandalism occurred between May 19 and May 20 at Pavilion "A" in the park, off of Raymond Road.

If anyone has information that can assist in the investigation, contact Investigator Ryan DeLong at (585) 345-3000, ext. 3572.

State approves Mobile Access Program for Genesee County Mental Health to work with three police agencies

By Mike Pettinella

Genesee County’s director of mental health and community services apparently swung for the fences and hit a home run last week when she learned that the New York State Office of Mental Health approved the county’s application to participate in the Mobile Access Program with three law enforcement agencies.

The Mobile Access Program (MAP) is a pilot initiative that connects residents in distress with mental health clinicians utilizing iPads (via Zoom for Healthcare, a secure teleconferencing software program) when law enforcement officers request assistance.

Mental health staff then will conduct an evaluation remotely to help plan for an appropriate disposition.

“They (NYSOMH officials) really wanted one law enforcement agency but we kind of took a gamble and chose three. We asked for a lot,” said Lynda Battaglia, who heads up the county’s mental health department.

The three police departments that have agreed to partner with Genesee County are the Genesee County Sheriff’s Office, City of Batavia Police and Village of Le Roy Police.

Battaglia said heads of the three law enforcement agencies watched a webinar about the program and all expressed an interest in participating.

“I asked each police department to provide information specific to their line of work – how many devices they would need for each shift; bandwidth, accessibility in different areas; how many officers would need iPads and the number of calls related to mental health issues they receive,” Battaglia offered.

She then took that data and coupled it with mental health information and sent the application to the NYSOMH. Not only was Genesee County approved, but requests from all other counties as well.

“We received notice that since there was such a great response … they were able to accommodate all the applicants,” she noted.

Calling it a “telehealth program,” Battaglia said the state will give iPads to all three police departments and to the mental health clinic. The state also will provide training and support services.

She said that the objective is to increase accessibility to those having mental health issues and cut down the time it takes to deliver essential mental health consultations.

“Let’s say police receive a call to go out and talk with somebody – and it’s a mental health call,” she said. “One of the goals is to decrease unnecessary transport to the hospital, under Mental Health Law 9.41.”

Mental Health Law Section 9.41 give powers to peace officers and police officers to admit individuals in emergency situations for immediate observation, care, and treatment.

Battaglia explained that if an officer is interacting with someone who doesn’t need to be transported to a hospital (or to jail), they will ask that person if they wish to have a telehealth emergency visit with the mental health person on call.

“There will be arrangements made to have the officer connect with his or her iPad with our on-call person with their iPad, and the mental health person will conduct a telehealth session with that individual in crisis,” she said.

She did acknowledge that the program won’t work in all cases, specifically if someone is under the influence of alcohol or substances – “for clinical reasons you won’t get an accurate assessment,” she said – or if a person is extremely agitated or at very high risk.

“We’re hoping to have it where the mental health professionals make that determination (which is allowed under MHL Section 9.45 -- emergency admissions for immediate observation, care, and treatment under the authority of directors of community services or authorized designees).

Genesee County Sheriff William Sheron reported that mental health calls continue to increase.

“I would say we average at least one a day – and some days, more than others,” he said. “That’s why it’s important to get the proper treatment to these individuals in a timely fashion, and reduce the amount of police involvement in the process.”

Sheron said law enforcement is “working hand-in-hand with mental health to more directly address the needs of people who have mental health crises.”

“This will expedite that. It may not be appropriate for all cases, but I think for the majority of them, it will be very beneficial. The last thing we want to do is having law enforcement take some kind of criminal action against somebody when they really need the services of mental health professionals.”

Battaglia said she expects it to take a few months for state mental health officials to provide training and to implement the program. She said is hoping that this turns out to be a win-win situation for all.

“We have a crisis plan in place (contracting with SpectrumHealth for a mobile response team), and I think that it is a plan that has been OK. But, with this opportunity and moving into the future, we can make the crisis plan a little more connected,” she said.

“It will definitely prove how law enforcement and mental health officials can work together. It will build relationships. It will help the people in the community.”

Law and Order: Man accused of striking one victim with tire iron, another with his fists

By Billie Owens

James Timon Saddler III, 39, of University Street, Rochester, is charged with: second-degree assault -- with intent to injure with a weapon; criminal possession of a weapon in the third degree; second-degree harassment; and trespass. Following a call for service at a motel on West Main Street Road in Batavia, Saddler was arrested at 5:19 p.m. June 24. It is alleged that he got into a physical altercation and struck a victim with a tire iron and another victim with his fists. He was arraigned in Alabama Town Court and put in jail without bail. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Mathew Clor.

Ray Spencer-Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with first-degree criminal contempt; second-degree harassment; and second-degree assault -- causing injury to a victim age 65 or older. Following an incident in the early morning hours of June 26 in the Town of Alabama, Saile was arrested. It is alleged that he backhanded a person who had a stay away order of protection against him. Following arraignment in Alabama Town Court, Saile was released under supervision of Genesee Justice. He is due back in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Jazmin Pellot, 38, is charged with second-degree harassment and obstructing governmental administration. She was arrested at 1:33 p.m. June 15 after an incident that occurred on North Spruce Street in the City of Batavia. It is alleged that she struck a victim in the face with a closed fist and that she interfered with officers and failed to comply with directives during an investigation. She was arraigned in Batavia City Court later that afternoon and then released on her own recognizance. She is due back in court July 22.

Thomas Tacito, 61, was arrested at 1:30 p.m. June 17 after he allegedly violated an order of protection issued to a victim on North Spruce Street in the City of Batavia. He is accused of going to the protected party's residence and knocking on their door. He was issued an appearance ticket for Batavia City Court and is due there at a later date (unspecified).

Thomas Tacito, 61, was arrested at 11:15 a.m. June 23 after an investigation into a neighbor dispute that occurred at 10 p.m. April 24 on North Spruce Street. A victim had all four tires slashed and several windows smashed out on their vehicle. Tacito is charged with third-degree criminal mischief. It is alleged that he caused more than $250 in damage to the vehicle. He was issued an appearance ticket to be in Batavia City Court July 6 and then released.

Liltesia Nefetiria Turner, 39, of Tracey Avenue, Batavia is charged with: fourth-degree grand larceny -- property with a value greater that $1,000; fourth-degree grand larceny -- credit card; and petit larceny. Turner was arrested June 22 for allegedly stealing a wallet belonging to another person at 11:15 p.m. June 21 at Batavia Downs Gaming, which contained several credit cards and more than $1,000 cash. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Mitchell Bates, 29, is charged with: aggravated driving while intoxicated -- with a BAC of .18 percent or more DWI; and failure to keep right. Bates was arrested at 10:06 p.m. June 19 on Ellicott Street. The charges stem from a motor-vehicle accident in which Bates allegedly drove into oncoming traffic and struck another vehicle head on. He was processed at Batavia Police Headquarters and released on tickets returnable to Batavia City Court on Sept. 21.

Trevor M. Rich, 40, is charged with: criminal possession of a controlled substance in the seventh degree; driving while intoxicated; aggravated DWI; and failure to keep right. Rich was arrested on June 18 after an investigation of a motor-vehicle accident that occurred at 6:10 p.m. Feb. 25 on East Main Street in Batavia. It is alleged that he was driving under the influence of alcohol and that he possessed cocaine at the time. He was issued an appearance ticket for June 29 in Batavia City Court.

Jamie Dutton, 28, was arrested June 26 and charged with criminal mischief and criminal trespass. It is alleged that at about 5:45 p.m. Feb. 27 that Dutton entered a residence on Harvester Avenue unlawfully and damaged windows in the the process. The defendant is due in Batavia City Court on July 6.

Bianca Tyson, 30, was arrested at 2:28 a.m. June 20 on Jefferson Avenue in Batavia after a traffic stop. It is alleged that she was operating her vehicle while intoxicated with a BAC or .08 percent or more. Tyson was issued an appearance ticket to be in Batavia City Court on July 20.

Jaylinn Oneil, 31, was arrested at 10:21 p.m. June 18 on Holland Avenue in Batavia and is charged with criminal mischief and resisting arrest following a disturbance. She was issued a ticket to appear in Batavia City Court on June 29.

Kaleb Bobzien, 23, was arrested on charges of: resisting arrest; obstruction of governmental administration, speed in zone; aggravated unlicensed operation in the third degree; and suspended registration. He was arrested June 14 at 3:37 p.m. on Alexander Road after allegedly failing to comply with Batavia police officers' commands to exit his vehicle after being advised that he was under arrest on a warrant out of Warsaw PD. He was issued an appearance ticket for June 22 in Batavia City Court, and traffic tickets, then turned over to Warsaw PD on the warrant.

Ashley Elizabeth Quintern, 32, of Miller Avenue, Batavia, is charged with petit larceny. At 5:57 p.m. June 23, Genesee County Sheriff's deputies were dispatched to Walmart on Veterans Memorial Drive in Batavia for a larceny complaint. It is alleged that Quintern stole merchandise belonging to Walmart. She was processed at GC Jail then released on an appearance ticket. She is due in Town of Batavia Court on July 26. The case was handled by Deputy Kyle Tower.

Mitchell Merrill, 35, was arrested on June 17 at 4:55 a.m. following an investigation of a larceny that occurred at 4:36 a.m. that day on East Avenue. It is alleged that Greene took property that did not belong to him without permission of the owner. He was released on an appearance ticket for court (date unspecified).

Marcella Greene, 36, was arrested June 22 for failure to appear in Batavia City Court on April 19; reason not specified. After being processed at Batavia Police Headquarters and arraigned in city court, she was released. Greene is due to return to court Aug. 5.

Nicole Casey, 33, of West Main Street, Batavia, turned herself into Batavia Police Headquarters at 10:45 a.m. June 21 after failing to appear in Batavia City Court as required by an appearance ticket. The original charge involved a shoplifting incident at a local business in Feburary of 2018. After arraignment in city court, Casey was directed to return to court on July 21.

Tim Kauffman, 52, was arrested on a warrant out of Batavia City Court on June 15. It was issued after he failed to appear in city court on May 13 as required. He was processed, arraigned and released on his own recognizance and is due to return to court at a later date (unspecified).

City manager drafts letter from Council asking New York State lawmakers to 'revisit' bail reform laws

By Mike Pettinella

Pending the expected approval by her colleagues Monday night, Batavia City Council Member Rose Mary Christian will get her wish: A letter to New York State legislative leaders asking them to “revisit” the bail reform laws currently on the books.

At Council’s previous meeting on June 14, Christian expressed – in no uncertain terms – her dismay with recent legislation that limits the use of cash bail and pretrial detention.

“This law harms police, public safety and it’s up to the judges to eliminate these laws,” Christian said at the time. “These laws need to be changed and revised. I’m asking us to send a letter to the governor, state legislators and the judges to repeal this law.”

She was supported by Police Chief Shawn Heubusch and, after some discussion, by the other Council members, who came to a consensus to have City Manager Rachael Tabelski draft a letter to send to representatives in Albany.

Tabelski did just that, and presentation of the letter to Council is on tomorrow’s agenda of the Conference Meeting at 7 p.m. at City Centre Council Chambers. A Special Business Meeting will follow.

The letter from all nine Council members, addressed to Assembly Speaker Carl Heastie, Senate President Pro Tempore and Majority Leader Andrea Stewart-Cousins and Assembly Majority Leader Crystal Peoples Stokes, reads as follows:

“On behalf of the City of Batavia, we are very concerned about the recent impacts of bail reforms passed by the New York State Legislature. While well intentioned, these reforms are having serious consequences regarding public safety across New York State, including smaller urban areas such as Batavia. In fact, criminal elements from both Rochester and Buffalo have an even more visible presence in Batavia.

“If criminals know there are no consequences for their actions because they will be right back out on the street, then it is only logical that crime is going to increase. That is what is occurring across New York, including Batavia.

“We commend the Legislature’s efforts to roll back some of the original reforms that were passed last year, such as allowing judges to set bail for more criminal charges that had eliminated bail. We respectfully request that the Legislature consider adding more crimes in which judges have discretion to set bail, including restoring bail for any crime involving a gun.

“At the end of the day, judges should be able to determine whether a violent criminal poses a dangerous threat to the community and can be held without bail.

“As representatives of the residents and taxpayers of the City of Batavia, we respectfully request that in your significant role in leadership in the New York State Assembly (and Senate), that bail reform be revisited by the New York State Legislature in due haste.”

Copies are to be sent to Assemblyman Stephen Hawley, Senator Edward Rath, Assembly Minority Leader William Barclay and Senate Minority Leader Robert Ortt.

Also on the Conference Meeting agenda:

Tabelski will be forwarding a resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main.

In a memo dated June 21, Tabelski wrote that work would entail replacing a 4-inch line from Ellicott to South Jackson on the western side of Jackson Street and a 6-inch line under the sidewalk between Watson and South Jackson on the west side of the road. A 6-inch line also runs from Central Avenue to Ellicott Street.

She wrote that the commercial section of Jackson, north of Ellicott, will be a separate project.

The project will include 58 service connections, 10 interconnections, installation of six fire hydrants and new valves at each interconnection plus two 8-inch line valves. It also will address elimination of lead water services if encountered, and set the stage for application of another grant for road rehabilitation, she wrote.

If approved, a public hearing will be scheduled for 7 p.m. July 12.

GCEDC officials see Plug Power's investment as a continuation of agency's 'track record of success'

By Mike Pettinella

A high-ranking official of the local industrial development agency that owns the Western New York Science and Technology Advanced Manufacturing Park says Plug Power’s investment in the Town of Alabama site will more than offset the loss in revenue caused by removing about 1,100 acres of mostly farmland from the tax rolls.

That official, Mark Masse, is senior vice president of operations for the Genesee County Economic Development Center.

“I know that people get upset with farmland coming out of production but when you have projects like Plug Power that can give you a 10 to 25 times rate of return, that is a significant help – not only to the agricultural community but also your residents,” Masse said.

“We do not give money away. We do not give out bags of cash. That is what everybody seems to have a misconception about. We give an abatement, so they don’t pay the tax.”

Masse and Jim Krencik, the agency’s director of marketing and communications, sat down with The Batavian earlier this week at their Upstate Med & Tech Park office on R. Stephen Hawley Drive to talk about STAMP and the GCEDC’s other ventures.

According to Masse, the agency has acquired 25 parcels equating to 1,144 acres of STAMP’s total of 1,250 acres. He said the assessed value of those properties is about $3 million.

He said that based on 2020 tax rates, that comes to about $104,00 a year for all three taxing jurisdictions – the Town of Alabama, Oakfield-Alabama Central School and Genesee County.

“So, if you were to say that we owned all of those properties for the 10 years – which we didn’t, because we acquired them over time – so you couldn’t apply 10 years to all of them,” he said. “But if you did, that would just be about a million dollars in tax revenue lost over 10 years.”

‘A SIGNIFICANTLY BIGGER PAYBACK’

Masse said that pales in comparison to what Plug Power, the Latham-based producer of green hydrogen fuel cells, will be paying to those three entities as a result of agreeing to build a $232.7 million manufacturing plant and $53 million, 345/115 kilovolt electric power substation at STAMP.

“The Plug Power project will generate a significantly bigger payback than all of those combined,” he said. “So, that’s the big windfall, so to speak, for these municipalities. These are 20-year agreements we’re entering into for Plug Power and those payments are about $1.4 million a year to the taxing jurisdictions, compared to previously collecting only $104,000.”

The contract with Plug Power includes a PILOT (payment in lieu of taxes), community benefit agreement and community education agreement. Masse said those are classified together as a property tax and it is "additional revenue for the taxing jurisdictions being driven by the project.”

Directors of the GCEDC have approved $118.8 million in property tax ($117.7 million) and sales tax ($1.1 million) abatements for Plug Power.

Krencik said the incentives are based on Plug Power’s performance outlook, including a pledge to create 68 full-time jobs, with salaries and benefits equaling about $70,000 per job.

“When considering the company’s capital investment, job creation, initial investment and projected revenues, the estimate economic impact is $4.40 for every $1 of requested public investment,” he said. “Comparing that against all of our corporate taxpayers in Genesee County, aside from utilities (National Grid, National Fuel), when you look at a single-source business, such as a theme park or a manufacturer, this would make this project the largest single company taxpayer of all those in Genesee County.”

“Unlike when the land – mostly farmland -- was vacant and you had $104,000 in annual taxes, this $1.4 million that Plug Power is going to pay is on 30 acres,” Masse added. “So, that’s a significant rate of return that you see on these types of projects.”

KRENCIK: FOLLOWING THE MODEL

Plug Power is the first tenant at STAMP, which has sat dormant for many years. In 2016, Gov. Andrew Cuomo came to Batavia to announce that 1366 Technologies, a solar wafer manufacturer based in Massachusetts, would be building a facility at STAMP but that deal eventually fell through.

Krencik said the GCEDC was following a model used by other municipalities – acquiring land and working to install necessary infrastructure to attract interest from mega-companies such as Plug Power.

He said he understands how inactivity at these large sites could lead to public dissatisfaction, while the lack of progress isn’t as evident at smaller manufacturing parks, such as the Genesee Valley Agri-Business Park on East Main Street Road.

“That’s kind of been the model across all the towns – you typically see a shorter timeline on some of these things because they’re smaller projects, smaller sites, smaller infrastructure,” he explained. “In the case of an ag park, I don’t think you’d feel the same type of pressure where you may be thinking, ‘Is there a loss there?’

“There are acres in the ag parks that currently are not on the tax rolls, but, of course, you already see the benefit in Batavia where you have two very large operations that are significant contributors to the town, city schools and the county (HP Hood and Upstate Milk Cooperative).”

Masse agreed, adding that the GCEDC is running out of acreage, “but that’s a good problem to have.”

MASSE: FARMERS BEAR THE BURDEN

Getting back to STAMP, Masse said the GCEDC continues to pay the fire district fees on those properties as they are not tax exempt.

“So, the emergency fire support services are still being paid for all the properties that we own, with the tax based on the assessed values and fire district tax rate,” he said.

Masse also mentioned that many parcels zoned Agricultural receive property tax exemptions.

“Obviously, agriculture is the No. 1 industry in Genesee County and if you look at who bears the largest tax burden in the county it is farmers, because they own the majority of the land,” he said. “That’s why they try to give them some help with the ag exemption. They’ll scale them in over a time period.”

He brought up a municipal consumption study that was done in Amherst around a decade ago that showed that commercial enterprises consume about 80 cents in municipal services while residential consumes around $1.20 in municipal services.

“Everybody complains about these companies but, in the long run, they’re going to help subsidize the municipal services that the residents use more of,” he said. “That’s always our hope that we’re not only creating jobs but also creating additional tax base to alleviate the tax burden. Creating those jobs and having those people spend their money here … what they call the indirect and induced effect of that money being spent throughout your community.”

COMPANIES MUST MEET THEIR GOALS

Masse said companies’ economic impact projections are keys to determining if they qualify for tax incentives and the amount of those incentives.

“Firms are required in their applications to give us the number of full-time equivalent (jobs) that they believe will be created by their projects,” he said. “Back in October of 2015 or 2016, the law changed. Now, that job creation goal is put into our PILOT agreements and other agreements. If they do not achieve that, our board could consider cancelling their PILOT and making them claw back and basically, pay back the incentives that they took.”

He said the GCEDC tracks companies as long as they are receiving benefits and that the board of directors would likely would call in a company to find out why it didn’t reach its goals.

“So, for the 10 years of a PILOT, they are required to report to us their annual job numbers every year. We record them and input them into the New York State reporting system – PARIS (Public Authorities Reporting Information System),” he said. “It’s a public document that shows how many jobs were pledged and how many were created. Once the PILOT expires, the company is no longer required to report those jobs to us.”

Krencik credited Masse for staying in touch with the cities, towns and villages that usually initiate construction projects.

“Mark meets with the town, the school and the county folks more than I meet with members of my immediately family,” Krencik said. “He has kept that dialogue going. At the town board level, for example, that is a strong mode of communication.”  

STAMP DIVIDED INTO ‘DISTRICTS’

A look at the layout of STAMP reveals that it is divided into three “technology districts”:

  • Technology District 1 -- a 600-acre parcel in the northern portion dedicated to high-tech manufacturing, including semiconductor, renewable energy and other advanced industries;
  • Technology District 2 -- office, and research and development space;
  • Technology District 3- -- area geared toward retail support services.

Masse said the concept was to create blocks of three semiconductor chip “fabs” that would open six million square feet for production, accommodating 930 employees.

“We went through the required State Environmental Quality Review, with the full build-out (as such) that if it’s within those thresholds, we really don’t have to do more work,” he said. “When we proposed to rezone the property, that is an action under SEQR and any proposed changes have to comply with SEQR.”

He said that’s what the GCEDC did in 2010 and “that took the better part of two years to get through that process.”

POWER, GAS LINES ARE RIGHT THERE

Masse also said that the presence of the nearby dual 345kV power lines and a National Fuel Empire Pipeline, a 24-inch natural gas transmission line, was a major reason the Town of Alabama location was selected.

“The 345 kV power lines take power from the Niagara Falls power station and run it down to New York City. We did a system impact study that revealed we can pull down 450 megawatts off of those lines,” he said. “With that, we would construct a very large, about a 10-acre substation (on the site), that would be a 345 to 115 kV – it would step the voltage down.”

As previously stated, Plug Power is funding this substation at a cost of about $53 million. Both the Plug Power plant and the substation are expected to be operational by December 2022.

Plug Power, along with the 30 acres it purchased for the green hydrogen facility, has a right of first refusal for an adjoining 30 acres for the possibility of future expansion.

The GCEDC has no applications for other major manufacturers at this time, Masse said. A couple months ago, it was rumored that Samsung was interested in placing a semiconductor manufacturing plant at STAMP.

INCREASED INTEREST IN STAMP?

When asked if Plug Power’s pending move to STAMP has generated more interest in the site, Masse said he’s hopeful that other businesses will take note. He did, however, mention that the COVID-19 pandemic “has driven a lot of companies to take a hard look at where they’re sourcing their products from and where are they selling their products to.”

“COVID broke a lot of supply chain issues throughout the world,” he said. “I think we’ve seen that with shortages and price increases of a lot of things. A lot of companies are doing a reassessment, saying we don’t ever want to go through that again.”

As a result, Masse said that companies are looking to locate new facilities coming out of COVID-19.

“So, one of the nice things about the Plug Project is that timelines are crucial to these companies – time is money to them,” he offered. “That substation is a major piece of infrastructure. Having that in place will go a long way toward alleviating companies’ concerns about that being available. We have the force main of the sewer project under construction. The only real long lead time item left will be the water from Niagara County, and we are just completing our design and engineering on that as well.”

Masse said he sees a light at the end of the tunnel.

“A lot of people say, well, it’s been 10 years and all you have done is build a road. They don’t see the amount of soft work, so to speak, that is in my office in about 2,000 pages worth of documents of archaeological, environmental, phase one, phase two – all the design and engineering you have to do and all the regulatory agencies you have deal with. That takes time, and that’s what we have been working on very diligently,” he said.

The development of STAMP has been beneficial to Town of Alabama residents already, he said, in that they gained access to municipal water.

“If we had not done this, they could not afford to get municipal water,” he said. “They had failing wells. A lot of those people were spending $1,500, $2,000 a year on replacing equipment because the water was so bad. And because we were able to fund a significant portion of the water, the town was able to add on and they’re going to end up covering about 95 percent of town residents with public water.”

CORPORATE PARKS IN FULL SWING

The GCEDC has invested tens of millions of dollars in the STAMP project, likely more than anticipated, but Masse said he is confident that the agency’s track record of success in Genesee County will produce a similar outcome in the Town of Alabama.

“If you look at our corporate parks, they’re almost all full at this time,” he said. “It was 2007 when the Ag Park was started. You can see the success that we have had there.”

The Genesee Valley Agri-Business Park is one of seven corporate parks owned by the GCEDC. Currently, HP Hood, Upstate Niagara and O-At-Ka Milk Products are running at high capacity and are expanding, Masse said.

The other corporate parks are as follows:

  • Le Roy Food & Tech Park in the Town of Le Roy: BioWorks has just signed to take 60 of the park’s 75 acres, and the Le Roy Town Board has set a public hearing for July 8 to consider rezoning neighboring parcels for expansion.

Word has it that Great Lakes Cheese, an Ohio-based manufacturer, has approached individual landowners with purchase offers. Masse said Great Lakes Cheese has yet to apply to the GCEDC for incentives.

“We do not have any applications from any companies for that location,” he said. “A lot of companies will go out and do due diligence on sites. We do not own the property. Whoever is talking with private landowners is between them.”

  • Apple Tree Acres, Bergen: Sixty-two percent of the acreage there is sold, with Liberty Pumps as the key tenant. Liberty Pumps is undergoing an expansion project as well.
  • Gateway I and Gateway II Corporate Park, on both sides of Route 98 near the Thruway exit: “All of those acres are spoken for,” Masse said.
  • Med Tech Center on R. Stephen Hawley Drive: The GCEDC has renovated 800 square feet of space in that building that is available for lease.
  • Buffalo East Tech Park in Pembroke: Artisan cheese maker Yancey’s Fancy has a new plant there and a couple smaller businesses are being proposed for that site.

Masse said he believes that the more the public knows about economic development projects, the perception that the GCEDC is just an administrator of corporate welfare will subside.

“We’ve tried to do public outreach sessions, but they were poorly attended,” he said. “However, all of our agency business is open to public viewing. From a transparency standpoint, we are as transparent an organization as you’re going to find. Everything is on our website. Our board meetings are recorded and they’re Zoomed. Everything we have is out there under public authorities law.”

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SENECA NATION FILES SUIT

In a separate development, Masse said it is agency policy to not comment on any pending litigation.

Earlier this month, the Tonawanda Seneca Nation filed a lawsuit in state Supreme Court in Genesee County, disputing the GCEDC’s determination that the Plug Power project would have no negative effect on the nation’s “Big Woods” land that is situated on the western end of STAMP.

According to the lawsuit’s preliminary statement, the Seneca Nation considers that area “as a property of religious and cultural significance” and that the Plug Power siting would infringe upon those grounds. The plaintiff also contends that the GCEDC did not provide notification prior to the completion of the environmental review process.

Photo at top: Mark Masse, right, and Jim Krencik at the Genesee County Economic Development Center on R. Stephen Hawley Drive; Photo at bottom: A look at the WNY STAMP site, with the Plug Power project area "X'd out" just south of the Technology District 1 area highlighted in purple. Photos by Mike Pettinella.

Historic downtown building is ready to welcome tenants

By Mike Pettinella

Sight unseen.

The people who have signed contracts to rent the new third-floor apartments above Eli Fish Brewery Co. at 109-111 Main St. did so even before seeing the finish product, according to the building’s co-owner.

Matt Gray, who led a group of government and municipal agency officials on a tour of the apartments this afternoon, said the two two-bedroom and one one-bedroom units were rented about three months ago – well before completion.

“Yes, it was unsolicited,” he said. “We started receiving phone calls and emails down at Eli (Fish) wondering if we had apartments available. We told them that they were under construction and they still wanted to see them. And all three of them ended up being rented in March.”

Gray said the woman who is renting one of the two-bedroom flats in the historic J.J. Newberry building picked up the keys today and will be ready to move in on July 1.

“It really was the first time that she has seen it since drywall started to go up. She was very excited to see how it turned out,” he said, adding that none of the tenants (some are in their 30s and one is retired) are from Batavia.

The two-bedroom apartments are renting for $1,100 per month and the one bedroom is going for $800 per month.

City Council President Eugene Jankowski Jr., one of the people invited for a sneak peek, called the apartments “absolutely beautiful and I would love to live in an apartment like that as a young person or retired person.”

Jankowski said Gray and co-owner Matthew Boyd are fulfilling city leaders’ mission of creating a vibrant Downtown.

“That’s exactly what I had envisioned when they talked about apartments and people living above businesses and bringing a downtown neighborhood back to our community,” he said. “That’s a perfect place to start.”

Gray, when asked why people are being attracted to living above downtown buildings, said it was a matter of walkability.

“It’s a lifestyle. People that are looking to live Downtown want to be able to walk to entertainment, to dining, to shopping,” he offered. “One of the gentlemen who is moving in is excited because everything that he wants to do is nearby – even walking to the Muckdog game or the farmer’s market. It’s all right here.”

He said the demographics of tenants in the building’s seven apartments (there are four apartments on the second floor) are across the board.

“Whether they’re young or retired even, the desire is there to be social and to walk to where they want to go,” he said.

Construction of the new apartments was aided by a $137,600 grant from the state Downtown Revitalization Initiative, facilitated by the Batavia Development Corp., NY Main Street program, and a grant from the DRI Building Improvement Fund.

Photos at top: Matt Gray, center, conducts a tour of the new third-floor apartments above Eli Fish Brewery Co. on Main Street, Batavia, as, from left, Chris Suozzi, Penny Kennett, Mary Valle and Mark Masse look on; kitchen area of the one-bedroom apartment. Photos below: View onto Main Street of the front apartment; the large kitchen/living room of the two-bedroom unit at the rear of the building. Photos by Mike Pettinella.

FOUND: Police looking for missing 66-year-old Batavia man

By Howard B. Owens

UPDATED 5:48 p.m. Saturday, June 26:

From BPD -- Louis Morris has been located alive and unharmed. The Batavia Police Department would like to thank the public for the tips they sent in.

Press release:

The Batavia Police Department is seeking the public’s assistance in locating Lewis A. Morris who was reported missing from his home in the City of Batavia on June 25th.

Mr. Morris was last seen at his residence on June 25th at approximately 12:30 a.m. and reportedly may have left sometime before 3 a.m. Mr. Morris is believed to be with his vehicle, which is a 2011 Hyundai Sonata, 4-door sedan, black, with New York registration - JAT5955.

Morris is described as an African American male, age 66, there is currently no clothing description available. His photo accompanies this news release. Anyone who sees Morris, or his vehicle, should call their local law enforcement agency.

Please be prepared to provide his current location and clothing description. Anyone with information regarding this investigation is asked to call the Batavia Police Department without delay at (585) 345-6350.

'Straightforward' audit shows about 16 percent increase in Batavia Development Corp.'s net position

By Mike Pettinella

Calling it a “straightforward” audit, a certified public accountant with the Freed Maxick firm in Batavia reported that the Batavia Development Corp. experienced a 16-percent increase in its net position from March 31, 2020 to the same date this year.

At Thursday’s monthly BDC meeting at the City Centre Council Chambers, Nicole Ryan reviewed financial statements from fiscal years 2020 and 2021, giving the agency’s board a comparative look at its activity.

She said that since there was no new activity for Creek Park Batavia LLC, a BDC entity, her presentation focused on the BDC.

The BDC’s net position increased from $172,469 as of March 31, 2020, to $199,931 as of March 31, 2021 (about a 16-percent jump), while the operating revenues increased by about $5,000 from 2020 (from $114,964 to $119,769) and expenditures decreased about $3,000 (from $95,136 to $92,307).

“So, overall, year to year, there wasn’t a large change in the activity – as expected based on the type of year that was had …,” Ryan said. “There wasn’t an abundant amount of information that we had to go over; there was minimal grant activity that took place this year, compared to previous years. Overall, it was very straightforward and a rather quick audit. Very painless.”

Ryan found that the agency’s cash flow increase of only $31,358 from the prior year “again was due to the minimal grant activity that took place.”

Receivables for 2021 totaled $125,750 with $81,428 as part of the financial close of the Ellicott Station and $44,322 as part of the Building Improvement Fund, which will be reimbursed through New York State Homes and Community Renewal.

All told, Ryan said the audit identified no material weaknesses or significant deficiencies, “so I don’t have any exhibits for any type of filings that would have been communicated during the process.”

Andrew Maguire, BDC director of economic development, said that in April the agency was awarded a New York Main Street Grant of $417,000 for the Theater 56 project. That transaction will be reflected in the 2021-22 fiscal year financial statement, he noted.

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