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Austin Moody, billed as an up-and-coming country singer/songwriter from Nashville, so up-and-coming, his first CD won't be out until the end of the year, played GCC for a couple hundred appreciative country fans.

Moody said he's played Upstate before and likes coming up here. It reminds him of home. There are real country fans here, he said. 

"And I mean, real country fans," he said. "Not bro-country fans. Not, 'I'm hot. You're hot. We're in a pickup truck,' country fans, but real country fans."

Saturday, Oct. 15 is looking more and more like the date for the grand opening of the Hotel at Batavia Downs on Park Road.

Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., today said that Downs officials and the Buffalo investors who own the hotel are gearing toward a grand opening ceremony on the 15th of next month.

"The fourth floor (of the 84-room hotel) is almost completed and we expect to be ready for booking" by the second week of October, Wojtaszek said, adding that the facility is a "step up" from most hotels and is run "by a top-notch staff."

The hotel has been painted a unique blue (Wojtaszek called it "Batavia Downs Hotel blue") and that color has been extended to the front of Batavia Downs Gaming. He added that the hotel's owners have the option to add another 42 rooms at some point in time.

WROTB has invested about $30 million into capital improvements in recent years, and continues to renovate the entrance area to the casino. Most recently, it added left-turn lanes into the parking lot for cars heading north on Park Road. Wojtaszek said the corporation is into the third year of paying back its long-term debt, which currently stands at around $20 million.

In other developments at today's WROTB Board of Directors meeting:

-- Directors approved putting an additional $20,000 into the Kane Memorial Race on Oct. 8, upping Batavia Downs' contribution from its usual $30,000 to $50,000.  Wojtaszek said this is being done per an agreement with the Western New York Harness Horsemen's Association in light of the Downs' delaying the construction of a new paddock area until next year.

-- Wojtaszek said the New York State Gaming Commission is close to approving Batavia Downs Gaming's contract with FanDuel, a fantasy sports company which agreed to a four-year contract with WROTB to provide this type of competition at Batavia Downs Gaming and at some of its OTB branches.

While acknowledging that sign-ups for the program have been "slow" to this point, Wojtaszek said it's too early to tell how successful the venture will be. The contract does provide WROTB a specific amount of "guaranteed" money, it was reported.

-- Marketing Manager Ryan Hasenauer reported that a former Buffalo Bills running back Thurman Thomas, a Batavia Downs Gaming spokesman, will be at the casino on Nov. 20 for a FanDuel event, and he also will be on hand on Oct. 9 for a "meet and greet."

On Nov. 5-6, an autograph show will feature former professional sports stars Ron Darling and Cecil Fielder (baseball), Grant Fuhr (hockey), Jo Jo White and Nate "Tiny" Archibald (basketball), and Bob Lilly, Joe Cribbs and Kordell Stewart (football).

In photos at top, the view of Batavia Downs Gaming with the new Hotel at Batavia Downs in the background; the revamped parking lanes which enable drivers to make left turns from Park Road into the facility's parking lot and a front view of the hotel. Photos by Mike Pettinella.

The county will be prepared, Dick Siebert, the Republican election commissioner, for a historic turnout on presidential election day, Nov. 8, Siebert told members of the County Ways and Means Committee at Wednesday meeting.

Where an off-year, local election might garner a 20- to 24-percent turnout, Siebert is ordering enough computer-readable ballots to handle an 80-percent turnout.

"One thing we don’t want to do is run out of ballots on a presidential election," Siebert said.

In his role as an election commissioner and as chair of the county's GOP committee, Siebert said he is seeing a lot of interest in this election.

"We’ve had a lot of activity," Siebert said. "We had a strong turnout in the primary. We had a 40-percent turnout on the Republic line in the primary. There’s been a lot of interest, both for Trump and for Hillary in our county. We normally experience anywhere around 70 to 72 percent in a presidential year. I think this year we will exceed that."

The fact that both the Republican and Democratic primaries were strongly contested until late in the season, helped drive interest in this year's presidential election, Siebert said.

Plus both top-party candidates are polarizing.

"This campaign has been going on forever," Siebert said. "Everybody has been following it. It seems like it’s never ending. Trump has his supporters. He has his people who love him. He has his people who hate him. Same thing with Hillary. There are people who love her and there are people who hate her. There’s just a lot of extra interest this time."

As GOP chair, he said he's getting a lot of requests for Trump lawn signs. He just got a batch of 300 in and half of them are already gone.

He said the Democrats will soon get Clinton signs in and Siebert expects strong demand for those signs as well.

"This will be our busiest election in my 13 years as a commissioner," Siebert said. "We had strong turnouts before, but there just seems to be so much more vocal interest locally, at least in Genesee County."

Even so, the election staff is ready, he said, though it will be a long day.

"We’re well staffed," Siebert said. "We’ve got great crews out there. We add on people where we can, but we suspect that our workers will be busy right from six o’clock straight through until nine o’clock at night. Unfortunately, some of them won’t even get a break."

The biggest problem he expects on election day is people turning out who never registered to vote.

"We’ll get complaints that 'I can’t exercise my Constitutional rights because I can’t vote,' " Siebert said. "Well, they can’t vote because they didn’t register, even though they think they did, but they didn’t it. It makes it a very touchy year."

The deadline to register for the general election is Oct. 14.

A groundbreaking ceremony should take place in Alabama sometime next month for the WNY Science, Technology & Advanced Manufacturing Park -- the STAMP project -- complete with state government dignitaries, said Steve Hyde, CEO of the Genesee County Economic Development Center, during a meeting Wednesday of the County's Ways and Means Committee.

It will signal the start of development of STAMP, a planned high-tech industrial center that Hyde first proposed more than a decade ago.

Initial development will be building the infrastructure to support the site's first tenant and serve to attract additional tenants with the dream of eventually creating 10,000 jobs at the industrial park.

The first tenant is 1366 Technologies. With headquarters in the Boston area, 1366 will use a revolutionary manufacturing process to create silicon wafers for solar panels. 

Once the infrastructure work -- roads, sewer, water, electrical -- starts, 1366 will begin the design process for its facility.

Hyde expects there will be a second groundbreaking especially for 1366 sometime in the spring and the plant will be completed by the end of 2017.

Legislature John Deleo asked Hyde to explain why local residents shouldn't be worried about the prospects of 1366 when Solar City, part of the Buffalo Billions project, seems to be struggling.

Solar City and 1366 are completely unrelated projects and the two companies are pursuing very different business models, Hyde told Deleo.

Solar City is building a very large factory to manufacture residential and commercial solar panels that the company will sell itself to a domestic market.

Whereas, 1366 is only making solar wafers and its product will be a component in solar panels built by others for large industrial solar operations in overseas markets.

So far, 1366 has about $100 million in private investment capital, overseas strategic partners and its initial customers.

At full capacity, 1366 is expected to employ about 1,000 people.

For prior 1366 Technologies coverage, click here.

From one end of the town to the other, employees of the Town of Batavia have been extremely busy over the past few months dealing with a truckload full of building permits, construction projects, zoning reviews and maintenance issues.

That message was conveyed to the Town Board on Wednesday night by Supervisor Gregory Post, who shared a long list of projects and recent developments in a report from Daniel Lang, the municipality's senior zoning and codes officer.

"As you can clearly see, much is going on in the town," Post said.

Lang's report indicated that there are 144 active open permits in the town and that 10 single-family homes are being built.

It also provided an update on the status of several noteworthy projects:

-- Batavia Downs Gaming Hotel: Construction is expected to be completed wilthin the next few weeks.
-- Arc of Genesee Orleans: Crews are waiting for the steel to start construction of an addition on West Main Street Road.
-- O-AT-KA Milk Products Cooperative: Information pertaining to a flood plain development permit has been provided to the town as the Cedar Street facility looks to close out its 200,000-square-foot addition by the end of September.
-- Walmart: A new training center at the rear of the store is finished, with ribbon cutting set for 7:30 a.m. Oct. 11.
-- Chamber of Commerce, Park Road: Phase 1 of its construction/renovation (upstairs) is complete and Phase 2 is underway (downstairs).
-- Manning Squires Hennig, Seven Springs Road: Its construction project is 80-percent complete.

Lang also reported that the East Pembroke Fire Department has awarded contracts for its new 9,000-square-foot fire hall on Barrett Drive, east of the hamlet of East Pembroke, and that project updates are expected over the next several weeks from Koolatron, Fairfield Inn & Suites, L&M Fabricating and others.

Post said that the board will be receiving budget requests from department heads and other town employees prior to releasing its 2017 tentative budget at a special meeting on Oct. 5. He noted that the board is prepared to "do what needs to be done" in the areas of infrastructure and staff, as well as "the mechanics necessary to keep the community safe and sustained."

With that, he acknowledged that a deficit spending strategy that prevailed in the town for a decade and a half is a thing of the past and that residents can expect a town tax for a second straight year. In 2016, the tax rate was $1.42 per thousand of assessed valuation.

In other action, the board:

-- Approved a pair of resolutions connected to the Ellicott Trail Project, a walking/bicycle path project between the town and city of Batavia.

One measure will allocate $13,860 to renovate the CSX railroad bridge off of East Main Street Road, behind the Town & Country Restaurant, turning it into a pedestrian overhead walkway, and the other is to appropriate $30,000 to Clark Patterson Lee for structural design work of a new pedestrian bridge over Tonawanda Creek (at a site to be determined).

Post said that funds from a grant provided by the NYS Department of Transportation will be used for these projects, and added that an additional $200,000 in funding has been obtained recently through the efforts of State Sen. Michael H. Ranzenhofer.

-- Reappointed Engineer Technician Joseph Neth to full-time status effective immediately as the employee has completed a five-year commitment to further his education.

A semi-truck is reportedly on fire in the parking lot of Cargill on Wortendyke Road, Batavia.

East Pembroke fire is responding.

UPDATE 7:15 a.m.: It's an electrical issue. It keeps reigniting. They're going to have to cut cables, says a deputy on scene.

UPDATE 7:22 a.m.: Fire is out.

A car vs. pedestrian accident with injuries is reported in the area of 1600 Erie St. in Darien. The location is between Tinkham Road and Route 77. Darien fire and ambulance are called to respond.

UPDATE 8:02 p.m.: Darien Ambulance Service is at Erie County Medical Center with one patient.

The former Muller Quaker Dairy plant in the Genesee Valley Agri-Business Park is a big, gorgeous (if you're into such things), state-of-the-art dairy processing facility and Dairy Farmers of America officials think it has great potential. But they just don't know what to do with it yet.

DFA has yet to submit planning documents to the Town of Batavia and at the County's Ways and Means Committee. Today, Steve Hyde, CEO of the Genesee County Economic Development Center, said there are ongoing negotiations about the future of the plant, but he can't discuss them.

Hyde did say there are businesses interested in acquiring the plant outright and DFA is in negotiations with potential partners, but nothing is settled to date.

"They are fully committed to bringing milk into the plant and sending out dairy products," Hyde said.

There will be jobs in that plant again, Hyde said. It's just a matter of when and what business model either DFA or some other suitor decides to pursue.

Negotiations are ongoing.

DFA acquired the plant, which cost $206 million to build, for $60 million in January.

PepsiCo and Germany-based Muller Dairy formed a joint venture, Muller Quaker Dairy, to create tasty yogurt products designed to capture a portion of the growing Greek yogurt market, though the yogurt produced by the plant wasn't exactly Greek yogurt.

Whether through lack of marketing (either enough of it or the right message), lack of good distribution or lack of consumer interest, the product never caught on (though there was, according to sources, $100 million in first-year sales); the joint venture was dissolved and the plant closed in December 2015, costing about 200 people their jobs.

There are, we are told, still three former Muller employees on site, keeping the plant maintained so that when somebody does decide to do something with it, everything is in working order.

How much money Muller lost on the joint venture isn't known, because Muller isn't a publicly traded company. PepsiCo is, and the company took a $78 million impairment charge in 2015. An impairment charge is a somewhat complex accounting term that can mean a write-off on a loss of fair market value.

With gross sales of more than $66 billion annually and a net profit of nearly $10 billion, the write-down warranted nothing more than a footnote in PepsiCo's 2015 annual report.

The Wave Project, as it was initially known, did receive some subsidies along the way to assist in construction and starting production, but Muller Quaker never qualified for all of the subsidies it signed up for.

The PILOT (Payment in Lieu of Taxes), mortgage tax abatement and sales tax abatement on construction totaled about $11 million, but Muller Quaker never benefited from most of that tax relief. Since the PILOT is spread out over a 10-year span, as a reduction in property tax on the increase in assessed value, with the size of the abatement declining over time, Muller Quaker doesn't benefit for any of the PILOT relief from 2015 onward. The new owners, DFA, or other, could benefit from the PILOT until it expires (or is replaced by a new agreement as part of a new business being established).

From Empire State Development, Muller Quaker was promised $4.5 million in tax credits tied to job creation. As a result of creating 446 jobs in 2013 and 2014 (the number is combined for the two years -- one job in one year warrants credits for that year, and the same job, still in place, counts in the second year, and so on), Muller Quaker received $556,446 in tax credits, not the $4.5 million originally offered.

The company was offered, and received, $995,000 from New York State Homes and Community Renewal.  The grant was based on meeting specific investment and job-creation goals. 

New York State Energy Research and Development Authority (NYSERDA) also made a commitment for nearly $2 million to offset the cost of installing energy-efficient equipment and HVAV measures that would lower costs at the plant. Only $1.2 million had been awarded prior to the plant closing.

The New York Power Authority awarded a 1.3-megawatt grant of power under the ReCharge NY program and the plant used the full allotment of the grant.

(Submitted photos.)

We'll cut to the chase and tell you: Sam Tambe popped the question to Christina Strang after the ARC 5K race in Elba on Saturday and she accepted his proposal of marriage.

"I was hot and sweaty and she was hot and sweaty, and I couldn't tell if I took her breath away or she was just out of breath," Tambe said this afternoon, with the comedic delivery of a vaudevillian.

At any rate, he thought the venue was apropos.

"We met a year and a half ago at a running club in Oakfield and it grew from there," Tambe said. "I thought it would be appropriate to propose after a race."

He also liked the element of surprise afforded by the 12th annual Genesee ARC Friends & Family race, which raises money for its Mary Anne Graney Memorial Scholarship. 

So after crossing the finish line, on bended knee with ring at the ready, he gallantly asked for Christina's hand and she gasped and covered her mouth in shock, letting the moment sink in a second, before answering in the affirmative.

Onlookers seemed delighted by the turn of events. Many clapped and voiced hearty approvals.

The couple plans to have a long engagement. They currently are without firm plans about the kind of wedding they want to have and when they want to have it.

Meanwhile, the 46-year-old fiance and his 41-year-old fiancee run together practically every day and both live in Oakfield, where she owns a home and he rents an apartment. (Strang was three children ages 14, 17 and 20 from a previous marriage. Tambe was also previously married.)

Matrimony will come in its own time.

"I wanted her to know I am serious about my intentions," Tambe said.

Lily, who likes to chase bubbles, has her life on the line.

In May, Judge Durin Rogers declared Lily a vicious dog and ordered her destroyed within 30 days.

Lily has had a stay of execution, so to speak, as volunteers and others have taken up Lily's cause, and the cause of her previous owner, Duty Caswell, to try and save her life.

Caswell has already surrendered ownership of Lily, and the Kramer Foundation, which specializes in rehabilitating dogs deemed vicious, has written to Rogers and confirmed an interest in obtaining Lily.

Lily's fate may rest on a hearing in City Court tomorrow (Thursday) on an appeal of Caswell's conviction of harboring a vicious dog.

The appeal was written by Public Defender Jerry Ader who stepped in after Caswell's conviction.

Ader's appeal rests on two primary points:

• Caswell was not represented by counsel. He was not granted assigned counsel and did not hire his own attorney.
• Caswell was convicted under Batavia's Municipal Law. A case in 2010 overturned a similar conviction because that local law, in Nassau County, was deemed void by conflicting with state law. Under state law, Lily would not be considered a candidate for euthanasia. 

Lily was taken into Animal Control custody on March 7 after she bit a 13-year-old boy on Hutchins Place while keeping a frightened woman pinned down as she screamed and Lily circled her.

At Caswell's hearing, the prosecution called three witnesses and Caswell produced no witnesses or testimony on his behalf. Rogers issued his decision after a short recess.

At some point, K-9 Deputy Chris Erion was called in to evaluate Lily. Lily bit him.

Erion confirmed he was bitten (his duty pants have a small tear, but he wasn't hurt) and said that Lily, with her current behavior, wouldn't be a good candidate as a family dog or a police dog. 

Volunteers with Volunteers for Animals believe that with proper training and socialization, she is redeemable. She is high energy and can't be trusted unsupervised, but they said she's fine when given a job to do, such as chase bubbles.

"Having a young, high-strung dog is difficult for anybody," said one volunteer. "Give her something to do and she's fine."

Another person at the shelter said, "With proper exercise and mental stimulation she is fine."

Erion, among others, said it was later learned that Lily may have given birth to a puppy prior to the March 7 incident, and her puppy was taken away from her. That would typically cause behavioral issues, both folks at the shelter and Erion said.

The hearing is tomorrow at 1:15 p.m.

File photo from March 7. The gentleman with Lily is a friend of Caswell's.

Press release:

An FBI Special Agent will address issues of cybersecurity at a free public forum Thursday, Oct. 6, at Genesee Community College.

It will be held from 12:30 to 2 p.m. in the Conable Technology Building / Room T102, located at 1 College Road, Batavia.

In an age of online convenience, security threats are always a looming possibility. Through Internet shopping, banking, social networking and mobile apps, we all have a cyber presence that needs to be protected.

October is National Cyber Security Awareness Month, which is designed to engage and educate public and private sector partners through events and initiatives to raise awareness about cybersecurity, provide tools and resources needed to stay safe online, and increase the resiliency of the nation in the event of a cyber incident. 

The Criminal Justice Club of Genesee Community College and members of the College's Computer Services Department, Computer Repair Club and GUSTO (Genesee Unites to Support Team Opportunities) are hosting this special guest speaker, a Supervisory Special Agent of the Buffalo Division's Cyber Squad. It brings together local, state and federal intelligence community experts to combat computer intrusions, viruses and other cyber threats.

A question-and-answer session will follow the presentation.

The FBI leads the national effort to investigate high-tech crimes, including cyber-based terrorism and espionage, computer and network intrusions, and major cyber fraud and identity theft. To stay in front of current and emerging trends, the FBI gathers and shares information and intelligence with public and private-sector partners worldwide.

It's taken 26 years for sludge to build up to about a three-foot depth in one of the processing ponds at the Batavia Wastewater Treatment Plant, but that buildup has reduced the pond's capacity by about 50 percent, so it's time to have it removed.

A removal project is now underway that costs about $1.3 million and is being conducted by contractors who specialize in sludge removal.

The process involves pumping the water-logged sludge out of the pond, screening it for large objects -- shoes, bottles, rocks -- and then sending it through one of two centrifuges, which use gravitational force and a polymer to separate the sludge from the water. The water is pumped back into the pond and the sludge is sent up a conveyor belt and dumped into a truck before it is hauled to a landfill.

Initially, the original estimate for the project was eight weeks, but a second centrifuge was added and now the contractor is processing a truckful of sludge every 90 minutes, to fill at least eight trucks a day, reducing the project timeframe to about four weeks.

Jim Ficarella, superintendent of water & wastewater for the City of Batavia, provided a tour of the project yesterday.

The water that has been squeezed from the sludge just before being piped back to the pond.

There will be about 2,100 dry tons of sludge removed from the pond.

One of the two centrifuges being used.

The pipelines that draw sludge from the pond and return water to the pond.

The screening process for removing large items that have inadvertently fallen into the pond.

The pond with sludge that has floated to the surface and been pushed by the wind to the eastern shoreline.

Ficarella said they know they won't get 100 percent of the sludge out of the pond, but they'll get most of it.

This pond is the second stage of the process. By this point, the wastewater has been at the plant for about three months. The whole process, which includes passing the wastewater through several ponds and a series of wetlands ponds, takes about a year. The clean water is pumped into Tonawanda Creek. 

See our previous story: Batavia Wastewater Treatment Plant, one of city's hidden treasures

The plant remains a birder's paradise, with birders traveling, literally, from all over the world, to visit the plant.

Holden W. Byer, 25, of East Main Street, Batavia, is charged with: unlawful possession of marijuana; second-degree obstruction of government administration; resisting arrest; and criminal mischief in the fourth degree. He was arrested at 8:42 p.m. on Sept. 10 on East Main Street in Batavia following a "check-the-welfare" complaint. While being interviewed by police, Byer allegedly attempted to run from police and resisted arrest by pushing and punching police while thrashing about. He was taken to UMMC for a medical evaluation and while in the emergency room he allegedly caused damage to a wall by punching, kicking and slamming furniture into it. He was jailed on $1,000 bail and was due in City Court on Sept. 12. The case was handled by Batavia Police Officers Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher J. Rockefeller, 35, of North Spruce Street, Batavia, is charged with second-degree assault with a dangerous instrument. He allegedly struck a female in the face with a fan at 9:45 p.m. on Sept. 17 on North Spruce Street. He was arrested, arraigned in City Court and jailed without bail. He was due in court Monday (Sept. 19). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Cirlio Martinez-Jose, 29, of Federal Road, Piffard, is charged with second-degree harassment and criminal obstruction of breathing or circulation. He was arrested at midnight on Sept. 18 following a domestic incident at an apartment on Maple Street in Batavia wherein he allegedly pushed and grabbed the victim by the neck and obstructed her breath. He was jailed on $2,500 cash bail or bond. He was due in City Court on Sept. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, is charged with second-degree harassment and thrid-degree menacing. Bartz was arrested at 5:20 p.m. on Aug. 28 on Trumbull Parkway following a physical altercation in which he allegedly physically menaced and attempted to punch another male. He was issued an appearance ticket and is due in City Court on Sept. 27. The case was handled by Batavia Police Officer Arick Perkins.

Keanon S. Williams, 39, of West Main Street, Batavia, is charged with two counts of second-degree criminal contempt. He was arrested on Sept. 18 following an investigation into two incidents in Batavia wherein Williams allegedly violated an order of protection by contacting the protected party. The first incident occured at 4:38 p.m. on Sept. 1 on Harvester Avenue. The second incident occured at 2 p.m. on Sept. 7 on West Main Street. He was arraigned in City Court, then jailed in lieu of $2,500 bail. He was due in court Sept. 19. The cases were handled by Batavia Police Officer Stephen Cronmiller.

Kamre H. Green, 18, of Elm Street, Batavia, is charged with: driving while intoxicated; reckless driving; unauthorized use of a vehicle; unlicensed operator; and following too closely.  Green was arrested at 1:22 p.m. Sept. 13 on Oak Street after allegedly operating a motor vehicle, which he did not have permission to take or use, while intoxicated. Green struck a motor coach bus which was stopped in traffic after making an unsafe U-turn and traveling at an excessive speed, according to the police report. A small amount of marijuana was also allegedly found in the vehicle. Green was arraigned in City Court and jailed in lieu of $1,000 bail. He was due back in court on Sept. 15. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey. 

Randall James Draper, 30, of Adeline Road, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and operating a motor vehicle with an insufficient exhaust. Draper was arrested at 8:45 p.m. on Route 77 in the Town of Pembroke following a traffic stop. He was arraigned in Town of Pembroke Court and jailed in lieu of $1,500 cash bail. The case was handled by Sheriff's Deputy Eric Meyer.

Bryan D. Bates, 37, of Mill Street, Batavia, was arrested Sept. 19 on a bench warrant out of Batavia City Court for failure to appear. He was arraigned in City Court then released. He is set to return on Sept. 22. The warrant stems from an unspecified incident which occurred at 1:47 a.m. on Nov. 9, 2014. The case was handled by Batavia Police Officer Jamie Givens.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with failure to appear. He was arrested this morning on a warrant out of Batavia City Court. He was issued an appearance ticket for City Court and released. The charge stems from an unspecified incident which occurred at 8:05 p.m. on July 16 at 300 Ellicott St. in Batavia. The case was handled by Batavia Police Officer Stephen Cronmiller.

Driving back from Bergen this morning, I saw a beautiful clear blue sky and one of my favorite trees on Route 33, Stafford.

An accident with injuries and possible entrapment is reported on South Lake Road (Route 19) and Maple Avenue, Bergen.

Bergen fire and Mercy EMS dispatched.

UPDATE(S) (By Billie) 8:44 a.m.: Mercy Flight in Batavia is on ground standby. Two vehicles and three people involved. One male in a truck is unresponsive, hunched over the wheel, and having difficulty breathing. He is the most seriously injured. Another male has facial cuts and abrasions. Another subject has no apparent injuries.

UPDATE 8:51 a.m.: Le Roy fire rescue is called to provide mutual aid to Bergen. Mercy Flight is summoned along with additional fire police. The landing zone will be the church parking lot across from just south of the accident site.

UPDATE 8:58 a.m.: Route 19 is to be shut down "completely."

UPDATE 9:02 a.m.: Mercy Flight has an ETA of less than a minute.

UPDATE 9:23 a.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital.

UPDATE 9:40 a.m.: A pickup truck was eastbound on Maple Avenue when the driver apparently blew through a stop sign and was T-boned by a small plumbing company van traveling on Route 19. Both vehicles left the roadway as a result of the collision and the pickup truck struck a large tree in the front yard of a residence. A car occupied by a doctor, a nurse and possibly a combat medic happened to be driving by in the immediate aftermath. The car stopped and the occupants provided emergency medical aid until first responders arrived. The pickup truck driver was deemed in serious condition at the time he was airlifted to Strong. A first responder said if he makes it, he'll have the medical assistance provided by the passersby largely to thank for it. The driver and passenger in the plumbing van were taken to Strong by ground ambulance with minor injuries; in fact, the driver was walking around at the scene.

UPDATE 9:57 a.m.: One lane is open on Route 19 and fire police are alternating the traffic flow.

The Town of Batavia Planning Board is claiming it was victimized by a “lack of transparency” during discussions with Conifer Realty LLC about the income levels for prospective tenants at the recently opened Big Tree Glen apartment complex at 3727 W. Main Street Road.

In a meeting with a team of Conifer officials Tuesday night, planners said they were led to believe that middle-income individuals and families would be able to rent the 56 one-, two- and three-bedroom apartments that were constructed as part of a joint venture by Conifer, a Rochester firm, and United Memorial Medical Center.

“This is not a medium-income (arrangement),” Paul Marchese said. “This is truly a low-income facility.”

Marchese said that planners were concerned over the impact upon the town and the Pembroke Central School District.

“There would be an influx of kids not paying into the tax base, and we were concerned about that. This is not what was portrayed. The transparency was not there and that is what bothered me the most.”

Conifer vice presidents Sandy Gorie and Cheryl Stulpin offered apologies for the miscommunication, but Gorie was quick to add that “this is not market-based housing.”

“We run into this challenge in all the communities we go to,” Gorie said. “It’s all public knowledge; we have to go through the state (Homes and Community Renewal).”

In Phase I of the development, 34 of the 56 units are being occupied by those making 50 percent of the county’s average median income ($64,500 for a family of four) and the other 22 are being rented by those at the 60-percent level.

For Phase II, which could see construction next summer pending funding approvals, half of the proposed 40 apartments would be rented to those at 90 percent of the AMI, while eligibility for the other half would be set at the 60-percent and 50-percent levels, said Paul Marfione, project director.

Gorie said the state is allowing Conifer to use the 90-percent criteria due to higher than anticipated income levels in Genesee County.

The planning board also brought up the fact that a sex offender was allowed to rent an apartment.

Gorie said her company screens 11,0000 applicants each year and this was only the second time that this happened.

“Management did make a mistake, the site staff alerted its supervisor, a termination notice was sent and the resident vacated the property,” she said. “Since then we have revisited our policy and will be submitting (screenings) through our compliance department.”

“It’s important that you know that Conifer is in this for the long haul. We’ve been doing this for 40 years.”

Following the meeting, Planning Board Chairperson Kathy Jasinski said she appreciated Conifer sending people with “such expertise to meet with us and answer all our questions.”

“I am comfortable with the project and look forward to Phase II,” she said.

In other action, the Planning Board:

-- Approved a site plan review for Oakfield Hospitality LLC, a company headed by Ash Patel that is getting ready to build a four-story, 64-room Fairfield Inn & Suites at Gateway I Corporate Park off Route 98 near the Thruway interchange.

“This is the final discretionary approval from the town,” said Sean Hopkins, of Williamsville, attorney for the developer, who also owns a Holiday Inn Express and Hampton Inn in the same vicinity.

Hopkins said engineers have determined that the hotel’s footprint will have to be moved 18-20 feet to the west to account for an 18-foot easement. This opens the way for a subdivision of the property, which would be subject to another review process.

Town Engineer Steve Mountain said concerns over traffic on Route 98 turning left into the industrial park have been alleviated thanks, in part, to an independent traffic analysis.

Patel said he hopes to have the hotel open next fall. He would not say whether he plans to build another hotel next to the Fairfield Inn, but is keeping his options open for “future development.”

-- Approved a state environmental quality review and site plan review for the 21,000-square-foot (140x150) L&M Specialty Fabrication metal fabrication facility at East Saile Drive and Bank Street in the Town of Batavia, contingent upon the settlement of a few engineering issues.

Contractor David Tufts said it will be a steel-frame building, with the main entrance off East Saile Drive. The owners, Lee Shuknecht and Matt Geissler, have purchased 300 acres and plan to situate the facility 480 feet west of the intersection.

Planners urged Shuknecht to plant some trees and consider landscaping.

“It’s a big project for us,” he replied. “We want to keep it looking nice.”

The manufacturing and repair business received a $200,000 loan from the Growing the Agriculture Industry Now fund to purchase equipment.

-- Approved a site plan review from East Saile Properties LLC to build a 2,936-square-foot addition to an existing tractor-trailer repair shop at 4736 E. Saile Drive in the Town of Batavia.

A SEQR was not needed because the owner produced a letter from the state Department of Environmental Conservation stating that the project would not disturb any nearby wetlands.

While acknowledging the artistic value of a five-panel window mural on the storefront of the Main St. Pizza Company at 206 E. Main St., the Batavia Planning & Development Committee nevertheless ruled on Tuesday night that business owner Vic Marchese will have to remove the one that depicts two young ladies simultaneously taking a bite out of a large pie.

The planners granted a special sign permit that allows Marchese to keep four of the perforated vinyl window coverings despite the fact that the total area of the signs is more than the maximum allowable amount of 25 percent of the window space.

The other renditions show a woman enjoying a plate of spaghetti (which covers two windows), a display of pizzas and a pizza chef flipping dough into the air.

Marchese requested the permit last month, but action was tabled after the board decided to seek an interpretation from the City Zoning Board of Appeals as to whether the coverings constituted a window sign as defined by the Batavia Municipal Code and whether the total coverage area should be based on the percentage of coverage for the individual window pane or all window surfaces combined.

The ZBA ruled that this form of window treatment clearly meets the BMC definition of a window sign, and that the maximum amount of window coverage allowed refers to the individual space in which the sign is located and not all window surfaces combined.

Additionally, the Genesee County Planning Board recommended approval of the special sign permit as long as the 25 percent maximum area standard was met, providing for the transparency needed to "enhance the pedestrian experience."

Planning Board Member Ed Flynn, before making the motion to grant the permit, said he was of the opinion that all of the space at the front of the building should be considered when figuring the percentage.

"I am thinking that it should be 25 percent of the entire frontage," Flynn said. "That's my interpretation."

Flynn, Robert Knipe, Matthew Gray and Chairman Duane Preston agreed that the window murals were "attractive," but stressed that they needed to adhere to the city code.

"I agree that it's not unattractive, and I commend the job you have done with the place, but for us it's a compliance issue," Knipe said in addressing Marchese.

For his part, Marchese pointed out that several other Batavia businesses, citing Batavia Optical, Burger King and Ziebart as examples, have large window signs.

"How can the optical place get away with it?" Marchese asked.

Preston countered his claim, however, stating that those places put up posters, which are meant to be temporary.

Planners, as well as Code Enforcement Officer Doug Randall, suggested to Marchese that he should remove the advertising component of the signs or eliminate two of the coverings.

In the end, Flynn's motion asked that only one of the panels be removed, and the special sign permit was approved by a 4-0 vote.

Following City Manager Jason Molino's lead, the board did not tie its decision to the maximum allowable percentage of available space requirement, but said it would be looking at these situations on a "case by case basis."

Going forward, Randall said that the board would have to treat every business owner making a similar request in the same fashion. 

After the meeting, Marchese said he would remove the panel (Randall noted that it shouldn't have been put up before the permit was issued) but wondered aloud about his rights.

"It's one panel; I'm not going to miss it," he said. "But is it like a First Amendment thing, too? The city makes things so difficult. It's a lot easier to work with the town (of Batavia)."

Continuing, he said he understood that the city has rules, but didn't understand "what the big deal is."

"It's because somebody complained about it," he surmised.

In other action, the board approved a pair of signs that will be placed on the exterior walls of United Memorial Healthy Living at 164 Washington Ave., and two signs for the exterior of Carter's Restaurant & Bar at 60 Main St.

Mary-Clare Stokes gets a strike of blue hair weaved into her own as part of Spirit Week at Genesee Community College and to honor the college's 50th anniversary.  Kassandra Bowen, of The Mane Attraction Salon & Spa, is performing the weave. Staff from Mane Attraction were in the Student Union this afternoon to provide the weaves to any students who wanted them. It was all Stokes' idea.

Press release from Village of Le Roy Police Department:

A call from an alert citizen Monday morning (Sept.19) assisted police in catching two subjects who allegedly went on a crime spree in the Village, allegedly damaging numerous vehicles.

Robert W. Devos, 28, of 66 Lake St. in Le Roy, and 27-year old Katrina M. Klaich, of 47 Spring St. in Lackawanna, are each charged with one count of felony criminal mischief in the second degree.

It is alleged that Devos and Klaich did damage to the rear windows of three vehicles and damage to the trunk of another vehicle that were parked on village streets.  In addition, Klaich was charged with DWI, DWI -- BAC .08 percent or more, and driving an uninspected vehicle. 

Both subjects were arraigned in the Town of Le Roy Court by the Hon. Darryl Sehm. Klaich was put in Genesee County Jail in lieu of $5,000 cash bail and Devos was  jailed without bail. Both subjects are due back in Court at 1 p.m. on Oct.27^th.

Also assisting with the investigation was the Genesee County Sheriff’s Department.