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Maple Street arsonist convicted in jury trial

By Howard B. Owens

UPDATED with additional information from the trial.

     Plush Dozier

An arson and attempted murder case dating back to 2018, beset by numerous delays -- including the 2020 pandemic -- has reached a resolution after a jury trial this week of Plush Dozier, 24.

Dozier was convicted by the jury this afternoon on both counts.

First-degree arson is a Class A-1 felony. Second-degree attempted murder is a Class B felony.  Under New York's penal law, both sentences must run concurrently.

Dozier intentionally set fire on June 15 to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

First Assistant District Attorney Kevin Finnell, who prosecuted the case, indicated the conviction came on the strength of a confession by Dozier the night of the fire. At the fire scene while fire crews were still battling the blaze, Dozier approached Officer Arick Perkins and admitted to starting the fire. He later made a tape confession that included method and intent. Those details were corroborated through additional investigation and statements by occupants of the home.

During the drive, Lt. Micahel Morris, City Fire, provided testimony that helped secure the conviction.

During deliberations, the jury asked for a replay of the video of Dozier's confession and also asked for a readback of a portion of the testimony of one of the children who was home at the time of the fire.  

Finnell said the jury deliberated for more than two hours before returning a verdict.

Among the delays in the case was a September 2019 mental health evaluation that ended in a determination that Dozier was mentally fit to stand trial.

While in custody, Dozier allegedly damaged the door of a Sheriff's patrol vehicle and menaced an officer.  He also is accused of kicking out a plate glass window at the jail in a separate incident.

For previous coverage, click here.

Batavia defeats Newark/Marion, 35-0; ND loses to Avon

By Mike Pettinella

Tonight's Section V football quarterfinal scores:

Class B -- Batavia 35, Newark/Marion 0

Class C -- Letchworth/Warsaw/Perry 6, Livonia 0

Class C -- Le Roy 7, Attica 3

Class D -- Avon 22, Notre Dame 0

Class D -- Cal-Mum/Byron-Bergen 27, Bolivar-Richburg 20

Class D -- Alexander 45, Geneseo/Mount Morris 0

Class D -- Oakfield-Alabama/Elba 68, Clyde-Savannah 8

Eight-Man -- Pembroke 34, Lyons/Sodus 0

O'Donnell supporter miffed by disappearance of signs

By Mike Pettinella

It’s not exactly trying to “steal the election,” but the removal of a couple political signs supporting Erica O'Donnell in her bid for an at-large seat on Batavia City Council has an Ellicott Street resident hopping mad.

Diana Kastenbaum is reporting that both of her O'Donnell for City Council yard signs – one on Ellicott and one on Richmond Avenue -- were stolen in the last 24 hours.

“And it’s not even Halloween yet,” she stated in an email to The Batavian.

O’Donnell is the lone Democratic Party candidate in a four-person race for three at-large positions. She is running against incumbent Republicans Eugene Jankowski Jr., Robert Bialkowski and Jeremy Karas.

“The Republican signs for Council are all still standing on Ellicott.  This has happened in the past to Dem signs, but not the Republicans signs in the City of Batavia,” Kastenbaum said.

“Someone left a note in my mailbox today to say Erica's signs were no longer in my front yard. I didn't notice if they were there this morning, but when I came home from work only the stakes were left.  Of course, I will replace them, but every year we have to deal with this nonsense and no one seems to do anything about it.”

When informed of Kastenbaum’s predicament, Jankowski said he could understand why she would be annoyed.

“I don’t understand what people gain by that,” he said. “I know that in past elections, a few of my signs went missing.”

He also theorized that it could be an O’Donnell supporter who wanted a sign to put up somewhere else.

“I mean, in a couple of days, they’ll all be coming down so if you want one, just ask and you can get one for free,” he said.

Assistant Police Chief Chris Camp said that the Batavia PD has received no reports of political signs being removed from yards in the city thus far this election season.

Batavia Downs Gaming 3rd-quarter earnings at $2.5M

By Mike Pettinella

While falling short of the $3 million predicted by Western Regional Off-Track Betting Corp.’s chief financial officer, the 2021 third quarter nevertheless turned out to be a record three-month period at Batavia Downs Gaming.

WROTB’s 17 participating municipalities will be receiving $2,518,587 in earnings from July, August and September and another $62,729 in surcharge in September, according to figures released Thursday by CFO Jacquelyne Leach.

"We fell short because we were able to come to an agreement with the Batavia Downs Gaming Union to provide a much deserved bonus and wage adjustment to our gaming union employees," Leach said.

Furthermore, illustrating the facility’s recent surge in activity, earnings and surcharge distributions of $4.4 million for the first nine months of 2021 are $1.2 million more when compared to the first nine months of 2019 -- a 39.48 percent increase, Leach reported.

Genesee County will be receiving $53,393 in earnings from the third quarter and $1,090 in surcharge from September. For the year, the combined amount going to Genesee is $93,344 – up from $71,287 for the same period in 2019.

The years 2021 and 2019 were used since 2020’s earnings were adversely affected by COVID-19.

The third-quarter numbers for the other GLOW counties are as follows:

Livingston -- $57,738 in earnings and $1,129 in surcharge (September);

Orleans -- $37,144 and $634;

Wyoming -- $36,771 and $671.

Surcharge and earnings distributions for the other GLOW counties for 2021 are as follows:

Livingston -- $100,232 (up from $77,427 in 2019);

Orleans -- $63,187 (up from 51,822 in 2019);

Wyoming -- $63,382 (up from $49,969 in 2019).

Four Bills' Hall of Famers, Molitor, Guidry to appear at this weekend's Legends & Stars expo at Batavia Downs

By Mike Pettinella

Seven NFL Hall of Famers -- including Buffalo Bills’ greats Andre Reed, Jim Kelly (photo above), Thurman Thomas and Joe DeLamielluere – and former Major League Baseball standouts Ron Guidry and Paul Molitor are headlining this weekend’s Legends & Stars Batavia Sports Expo at Batavia Downs Gaming on Park Road.

The event runs from 4:30 to 8:30 p.m. today and from 9:30 a.m. to 5:30 p.m. Saturday.

“We have a tremendous lineup of sports legends with us this year,” said Ryan Hasenauer, Batavia Downs Gaming marketing director. “This gives people an opportunity to come out and purchase all kinds of great memorabilia and cards – anything sports related.”

Other NFL Hall of Famers scheduled to appear are linebacker Rickey Jackson, halfback Lenny Moore and tight end Kellen Winslow Sr.

Guidry, a left-hander pitcher, is a two-time World Series champion with the New York Yankees (1977-78) and won the Cy Young Award in 1978. Molitor, an infielder and designated hitter, is a member of the 3,000 hit club and was inducted into the Baseball Hall of Fame in 2004.

Hasenauer said collectors will be glad to know that many vendors have signed up to participate.

Admission is $10 person each day and must be paid in cash. Each paid admission guest receives the following:

  • $10 Casino free play voucher (only for guests ages 18 & up);
  • One raffle ticket for “Dealer Bucks” Giveaways awarded throughout the day.

Children 12 & Under are admitted at no charge, but will not receive a raffle ticket or a casino free play voucher.

The lineup for “legends and stars” and their autograph session times are as follows. Prices for autographs vary depending upon the item to be signed. Photo opportunities also will be available.

TODAY

-- Joe Cribbs, running back, Buffalo Bills, San Francisco 49ers, Indianapolis Colts, Miami Dolphins; 3x All-Pro. 5:30 to 6:30 p.m.

-- Joe DeLamielluere, offensive guard,  Buffalo Bills, Cleveland Browns; HOF '03, 6x Pro Bowl, 8x All-Pro. 6 to 7 p.m.

-- Jordan Poyer, safety, Buffalo Bills. 6 to 7 p.m.

-- Andre Reed, wide receiver, Buffalo Bills, Washington Redskins; HOF '14, 4x AFC Champ, 7x Pro Bowl. 7 to 8 p.m.

-- Thurman Thomas, running back, Buffalo Bills; HOF '07, 1991 NFL MVP, 5x Pro Bowl, 4x AFC Champ. 6:30 to 7:30 p.m.

SATURDAY

-- Carlos "Boogie" Basham Jr., defensive end, Buffalo Bills; 2021 2nd Round Draft Pick. 3 to 4 p.m.

-- Marty Cordova, left fielder, Minnesota Twins, Toronto Blue Jays, Cleveland Indians, Baltimore Orioles; 1995 AL ROY. 11 a.m. to noon.

-- Doug Drabek, pitcher, New York Yankees, Pittsburgh Pirates, Houston Astros, Chicago White Sox, Baltimore Orioles; 1990 NL Cy Young, 1994 All-Star. 11 a.m. to noon.

-- Ron Guidry (photo above), pitcher, New York Yankees; 2x World Series Champ, 1978 AL Cy Young, 5x Gold Glove, 4x All-Star, Yankees Co-Captain 1986-88. 11:30 a.m. to 12:30 p.m.

-- Micah Hyde, safety, Buffalo Bills, Green Bay Packer; 2017 Pro Bowl. 1 to 2 p.m.

-- Rickey Jackson, linebacker, New Orleans Saints, San Francisco 49ers; HOF '10, Super Bowl XXIX Champion, 6x Pro Bowl. 11:30 a.m. to 12:30 p.m.

-- Stevie Johnson, wide receiver, Buffalo Bills, San Francisco 49ers, San Diego Chargers; 1:30 to 2:30 p.m.

-- Jim Kelly, quarterback, Buffalo Bills; HOF '02, 5x Pro Bowl, 4x AFC Champ. Noon to 1 p.m.

-- Dawson Knox, tight end, Buffalo Bills; 2 to 3 p.m.

-- Paul Molitor, infielder/DH, Milwaukee Brewers, Toronto Blue Jays, Minnesota Twins; HOF '04, 3,000 Hit Club, 1993 World Series Champ, 1993 WS MVP, 7x All-Star, 4x Silver Slugger. Noon to 1 p.m.

-- Lenny Moore, halfback/wide receiver, Baltimore Colts; HOF '75, 2x NFL Champion, 1956 NFL ROY, 1964 NFL MVP, 7x Pro Bowl. 11 a.m. to noon.

-- Eric Moulds, wide receiver, Buffalo Bills, Houston Texans, Tennessee Titans; 3x Pro Bowl. 1 to 2 p.m.

-- Andre Rison, wide receiver, Indianapolis Colts, Atlanta Falcons, Cleveland Browns, Jacksonville Jaguars, Green Bay Packers, Kansas City Chiefs, Oakland Raiders; Super Bowl XXXI Champion, 1990 All Pro, 5x Pro Bowl. 12:30 to 1:30 p.m.

-- Greg Rousseau, defensive end, Buffalo Bills; 2021 1st Round Draft Pick. 2 to 3 p.m.

-- Devin Singletary, running back, Buffalo Bills. 2 to 3 p.m.

-- Sean Waltman, WWE Hall of Famer/DX Member. Noon to 3 p.m.

-- Kellen Winslow Sr., tight end, San Diego Chargers; HOF '02, 3x All-Pro, 5x Pro Bowl. 1 to 2 p.m.

Celebrity Bartending to Benefit Connor O’Neil

A celebrity bartending event is set for 8:30 tonight at the Labatt Blue Zone at 34 Rush. A portion of food and drink purchases made from 8:30-10:30 p.m. will benefit Connor O’Neil, a 9-year-old boy from Lockport who has been stricken with a rare form of malignant brain cancer.

Appearing will be 97 Rock’s DJ Jickster, Channel 2’s Patrick Hammer, Channel 4’s Dave Greber, Buffalo Hockey Legend Danny Gare and Thurman Thomas.

There will be live auctions for autographed sports memorabilia as well with all proceeds benefitting #ConnorStrong. For more information on #ConnorStrong, visit https://connorstrong.org/.

Rose Mary Christian nears end of nearly 30-year run on City Council; farewell party, proclamation set for Nov. 22

By Mike Pettinella

Depending upon the closing date of the home that she and her daughter, Raelene, have purchased on Holmes Avenue, Rose Mary Christian is about to close the door on a nearly 30-year career as a member of the Batavia City Council.

Because Christian (in file photo above) is moving from her Williams Street home of 22 years in the Sixth Ward, which she represents, to the First Ward, she will be ineligible to continue on the governing body.

“I would think that we will close on the house within a month,” she said earlier this evening.

If the transaction is finalized before Council’s next meeting on Nov. 8 and Christian is in her new residence, it would mean that Monday night’s meeting was her final hurrah.

During her tenure, she was known for her willingness to speak her mind – ruffling feathers along the way – and fought valiantly to keep taxes down and for her constituents in the Sixth Ward.

The Sixth Ward covers the area south of Main Street and east of Liberty Street, extending to the Genesee County Fairgrounds on East Main Street.

Christian said she will miss the interaction with the residents and her colleagues.

“You know what I’m going to miss is the people in this ward. Am I going to miss Council? Yeah, I’m going to miss some of those people – quite a bit,” she said. “I might have not been able to override them that many times, but I gave it my best. I voted what I believe, you bet I did. And if I voted for four budgets, that’s saying a lot.”

According to the City Charter, someone will have to be appointed to replace Christian and complete her term, which is up for election in two more years, she said,

Christian switched affiliations from Democrat to Republican about 18 months ago, and thinks that could be an issue.

“There will be a problem with it because of the fact that I was a Democrat when I won the last election – and that was my eighth term to be elected,” she said, noting that she served the community for 29 ¾ years.

A check of the City Charter, Chapter 3, Section 3, reads as follows:

“Vacancies in the office of Council member shall be filled by election for the remainder of the unexpired term at the next general election occurring not less than 60 days after the occurrence of the vacancy. Such election to fill a vacancy where it occurs after the last day to file nominating petitions for the primary election shall be filled upon nominations made in the manner provided by law for the filling of vacancies in primary nominations occurring after the primary election.

“Pending such election and qualification of a Council member to fill a vacancy, Council shall fill the vacancy temporarily by appointment of a qualified person who shall be of the same political affiliation as the Council member whose place has become vacant and, if he or she was a ward Council member, a resident of the same ward.

"In the event that Council shall fail to appoint within 30 days after the vacancy, such appointment must be made by the Council President. This appointment must be made within 10 days under the same conditions as to political affiliation and residency noted in the paragraph above."

Going by the paragraph in boldface -- but yet to be confirmed by the city attorney, City Republicans would make the appointment since Christian now is a registered Republican.

Christian said that city leaders have scheduled a farewell party for her on Nov. 22 at City Hall Council Board Room. At the conclusion of that event, which runs from 5:15 to 7 p.m., City Council will present her with a proclamation in recognition of her service.

Assistant city manager says permit fee update would ensure fairness, help cover municipality's costs

By Mike Pettinella

Updating the City of Batavia’s building permit fees will even the playing field and produce revenue for the municipality that more accurately reflects the amount of time and effort spent by Inspection Bureau employees on residential and commercial projects.

That’s the view of Assistant City Manager Jill Wiedrick, who proposed a new fee schedule at Monday night’s City Council Conference Meeting at the City Hall Council Board Room.

Wiedrick, asserting that she knows a little bit about construction inspection and code enforcement “to be dangerous,” offered a list of reasons why she thinks the time is right for a revision of permit charges for undertakings such as roofing, fencing, siding and home/business additions.

Working in conjunction with the city’s Bureau of Inspection, Plumbing Board and Bureau of Maintenance, she said the updated fee strategy emphasizes easy calculation (via Energov computer software), fairness, flat fees, signed contracts and penalties for work done without a permit.

Actually, Wiedrick knows more than “a little bit” about the subject as she returned to Batavia in July after serving as the City of Rochester’s manager of zoning. Previously, she worked for the Genesee County Planning Department for seven years and before that worked as a construction inspector.

Charged with evaluating the city’s current state of affairs concerning inspection and permit fees, she said she discovered inefficiencies in the time spent by staff and the way in which fees were determined.

WIEDRICK: PERMITTING IS A PROCESS

“A lot of us think that once those drawings (for the work) are submitted (to the city), that’s the end of the story,” Wiedrick said. “I get my permit and I move on with my life. Unfortunately, that’s not the end of the story. Many times, when our crew gets the permit into the office, it’s reviewed at least twice, maybe three times.”

Wiedrick said in most cases the submitted drawings are missing key information or don’t meet code standards – instances that trigger more work and additional inspections at the location.

“Typically, for residential permits for an addition, the inspection might go out there five times. They’re checking out first what does the soil look like, the forms for the foundation, then see the foundation being poured – they’re out there a number of times,” she said.

Under the current system, city inspectors have to take notes at the site and come back to the office to input the information into a computer. Wiedrick said that with Energov software, this can be done by using a laptop at the property being renovated.

“What it’s (Energov) going to do is provide the opportunity for code enforcement officers to do things in the field live,” she explained. “It’s going to make them 1,000 times more efficient … and the process easier for them and the public. It will advance our inspections department immensely.”

As for the current fee schedule, which hasn’t been updated in at least 15 years, she said it is challenging for the staff and the public to figure out the right permit fees, and often the city receives checks for permit fees in the wrong amount.

LOOKING AT THE KEY COMPONENTS

Key aspects of the permit fee structure as of today include the following:

  • Based on the cost of the project, along with the square footage, with no flat fee permits.
  • Often inaccurate costs of project provided to staff, resulting in incorrect permit fee.
  • Schedule penalizes use of higher end materials for projects.
  • Work without a permit is not penalized.

The proposed new schedule would focus on the following:

  • Can be calculated by Energov and the public.
  • Fair to all.
  • Many permits are proposed to be a flat fee.

“Who doesn’t love flat fee permits?” Wiedrick said. “You know exactly what you’re paying for whatever your project is. A flat fee permit also says you can put in whatever sort of high end products that you’d like to use for that project and not be penalized for that.”

  • Require a signed contract when work is performed by a contractor, ensuring the proper fee is assessed.

“This happens across the board in every municipality,” she said. “Somebody knows they’re doing a $10,000 deck … and they’ll come in and say, I’m only spending $2,500 and we base the permit fee on that $2,500 and everybody knows that the deck is $10,000 deck but we don’t have the ability at this point to say, no, no, no, I know how much that’s going to be. The proposed fee schedule takes that out.”

  • Project not found on the list of flat fee permits, the value is multiplied by 1.25 percent to determine the fee.
  • Work without a permit will result in the permit fee being multiplied by three.

“At this point, if I’m a contractor or a person, I’m going to take my chances, I’m going to gamble,” she said. “I’m going to do my project and if I get cited, I know that I’m just going to pay the permit fee – no big deal. And if I don’t, I keep that permit money.”

CHRISTIAN: IT’S NOT THE RIGHT TIME

Upon completing her presentation, Council member Rose Mary Christian quickly spoke against a change in the fees – mentioning the “economy, inflation, food, utilities and gas.”

“I’m looking at these figures here, for instance, an addition to a piece of property – a commercial one where right now it’s $550 (based on 1,400 square feet, $105,000 project), and it will be $1,260. That’s quite a jump,” Christian said. “With everything that’s going on, I think that this is the wrong time to bring this to us. There’s a lot of people out there that are hurting right now and this is going to hurt them even further … I’m not in favor of this by no means.”

Wiedrick countered by saying that another reason for the proposed changes is to cover the city’s expenses for providing the service.

“One of the things that’s happening right now is when a resident does a project or there’s a commercial project, essentially with the current fee schedule, all of the residents of the City of Batavia are subsidizing those projects,” she said. “So, if I never put up a deck in the entire time I’m living in Batavia, I still – because the fees are not commensurate with the work that has to go into it – am subsidizing other work that’s happening.

“The idea was to raise the fees so we’re ensuring that we’re covering those costs and we’re actually keeping pace with the other municipalities.”

Christian replied, “I don’t care what other municipalities are doing. I care about what’s happening here in Batavia.”

City Manager Rachael Tabelski noted that some of the fees in the new schedule are being reduced for residents while some are increasing for various commercial projects.

TABELSKI: NOT A LAUGHING MATTER

“The majority of the commercial projects that we’re seeing are businesses that are thriving and using grant money funneled through the city and we continue to have so much staff time spent on them,” Tabelski said, later adding that contractors “laugh at our fee schedule – at how low our pricing is … but yet how many hours they take from our Inspection office.”

Christian changed her tune a bit, stating that she “can agree” to the commercial work charges (although she cited a proposed commercial fee change in her initial argument).

“But as far as residents go and people from the city, no, I don’t agree with it,” she added.

Council President Eugene Jankowski Jr. said his takeaway was that an attempt was being made to establish fees that were in line with the cost of the work being performed by Inspection Bureau staff.

“The Inspection office is fully funded by the General fund; it cannot be funded by the water fund or the sewer fund, so it is a direct result of property taxes,” Tabelski said. “We only have those employees … because of property taxes and to try to offset some of that in a small way, especially on commercial type activities … this would be somewhat helpful.”

Council member Robert Bialkowski said that while he didn’t have a problem with the new fee schedule, he did call for educating the public on the need to obtain building permits.

“There’s a lot of work being done on evenings and weekends, and a lot of work that’s not visible from the street … roof replacements and all that – where there’s no permits issued and the people know they need to get a permit,” he said. “There’s contractors that are a little on the shaky side that know they can evade the permits because it won’t be visible from the street.”

CANALE: ‘AN UNFRIENDLY ENVIRONMENT’

Council member John Canale agreed, adding that the perception from commercial contractors and developers is that the “City of Batavia is the hardest one to get along with. (But) I’ve worked with those guys (Inspection Bureau) and I think they’re very easy to get along with.”

“The business world sees us as an unfriendly environment,” he continued. “I hear that all the time. I heard it for years when my father was a councilman. That Batavia is business unfriendly. We’re not. So, if we do a few things proactively, I think we can clean that reputation up a little bit.”

Wiedrick said that inspections is a tough line of work.

“I’m probably one of 10 people in New York that is passionate about inspections because I know how important it is. I’m a big cheerleader for our team because they do a good job,” she said, crediting Code Enforcement Officer Doug Randall for his contribution to the new fee schedule study.

In the end, Jankowski said he looks forward to receiving input from residents and to work on the educational component. The proposal was forwarded to a future Council Business Meeting (possibly Nov. 8) for a possible vote.

Photo: Assistant City Manager Jill Wiedrick, left, speaking to City Council about the proposed permit fee schedule revision. Photo by Mike Pettinella.

Previously: City Council to consider permit fee schedule update

Council congratulates Genesee Symphony Orchestra -- A 'community treasure' celebrating its 75th season

By Mike Pettinella

City Council President Eugene Jankowski Jr. reads a proclamation from the City of Batavia in commemoration of the Genesee Symphony Orchestra's 75th year as Sherry Mosher, left, GSO board member, and Melzie Case, symphony musician, look on at tonight's City Council meeting. Founded as the Batavia Civic Orchestra in 1947, it is one of the oldest civic orchestras in New York State. The proclamation credits the GSO for "enriching the community through high quality performance, educational opportunities, guest artists and partnerships." Photo by Mike Pettinella.

City Council voices displeasure with lack of progress at Ellicott Station as it approves grant to help developer

By Mike Pettinella

Batavia City Council members and city management tonight exhibited varying degrees of trust in the Buffalo development company charged with turning the eyesore on Ellicott Street into the multi-million dollar Downtown Revitalization Initiative project known as Ellicott Station.

Council, during its Conference and Special Business Meetings at the City Hall Council Board Room, had the task of considering two resolutions in connection with the mixed-use endeavor on property that once was the home of Soccio & Della Penna Inc. construction and Santy’s Tire Sales:

  • Whether to take receipt of a $500,000 Restore New Grant that would support Savarino Companies in its demolition, rehabilitation and adaptive re-use of the former National Grid electric building;
  • Whether to approve a resolution requiring the developer to enter into an “undertaking agreement” that would protect the city by transferring all or a portion of the obligations of the grant to Savarino Companies.

Although City Manager Rachael Tabelski emphasized that if Savarino doesn’t perform the work, it won’t get the grant, some Council members were skeptical to the point of believing that the project will never get off the ground.

Rose Mary Christian called the Brownfield Opportunity Area in its current blighted condition as “disgusting and deplorable.”

“I don’t have any faith in this company,” she said, while voting “no” to both measures.

Fellow Council member Robert Bialkowski said he had “great concerns” as he voted yes, while Council President Eugene Jankowski agreed, but feared that squashing the grant proposal could jeopardize the start of demolition.

“It’s my opinion that there’s a lot of small, complicated parts to this project of that magnitude,” he said following the meeting. “You have a large project that’s a brownfield, and on top of it you’re trying to put together all of the funding for it. It’s not an easy task.”

Jankowski admitted that he “got his hopes up” early on when the project was submitted, but understands that outside factors such as working with New York State, COVID and cost overruns likely contributed to the delay.

“At this point, we need to give them the opportunity to start construction in November like they said, and I am going to be optimistic that that’s exactly what’s going to happen.”

During the meeting, Tabelski said that Sam Savarino, company president, told her that the final closing with the New York State Office of Community Renewal, which has jurisdiction over the project, is scheduled for the first week of November.

The Batavian received that same information when talking to Savarino prior to environmental testing that was conducted on the property last week.

“I have no doubt that when they start, they will finish (the project),” she said, noting that Savarino Companies has paid the Batavia Development Corp. for the transaction of creating a Limited Liability Company and paid the city for permit fees and extension fees. “The developer does projects all over the state and he doesn’t want to lose the trust of the OCR.”

Unfortunately, after five and a half years since the announcement of the Ellicott Station residential/commercial/entertainment venture, the same can’t be said for some of those serving on City Council.

For the record, Council did vote 7-1 to pass both resolutions related to the grant.

Also, tonight, the board approved a resolution to accept a $7,500 STOP-DWI grant from Genesee County to combat impaired driving through the utilization of specified high-visibility engagement campaigns.

Summons issued to Northside Meadows for violations

By Mike Pettinella

The City of Batavia has issued a summons to the owners of Northside Meadows to appear in Batavia City Court next month to answer criminal charges in connection with Batavia Municipal Code violations at the three-building, 24-unit apartment complex at 335 Bank St.

According to documents obtained by The Batavian through the Freedom of Information Law, the summons lists a court date of 10 a.m. Nov. 18 to address offenses pertaining to ongoing roof, drainage and fire classification violations.

Correspondence dated Sept. 29 from Doug Randall, City of Batavia code enforcement officer, indicates that on June 29, 2021 through Sept. 27, 2021, the following violations did exist:

  • Roofs and drainage. The asphalt roof coverings are deteriorated, missing material, and not maintained in a sound and tight condition on the two (center and rear) residential buildings located on this property.
  • Fire classification: General. Two of the residential buildings – center and rear buildings – are covered with gray plastic tarps. The tarps are not approved roof covering materials.

The notice states that “since notification of 7/1/21 and 9/10/21 (similar violations), the defendant has failed and/or refused to satisfactorily correct cited violations of the City of Batavia Municipal Code and/or New York State Uniform Fire Prevention and Building Code.”

Additionally, “… the structures at 335 Bank St., Batavia, continue to be in violation of the Property Maintenance Code and Building Code of NYS. That pursuant to B.M.C. (Batavia Municipal Code) 51-45 B, each day that the violation continues is a separate violation.”

The violation notice sent out on Sept. 10 after a re-inspection of the premises called for Northside Meadows Association to correct the violations by Sept. 27. Should this action result in a conviction, the owner would be subject to a maximum fine of $250 and/or 15 days in jail for each and every day that you remain in violation.

Contacted today, property manager David Renzo of V&V Development Corp. of Batavia, said he was aware of the latest inspection violation notice but did not know about the summons. He said he wants to get the roofs fixed as soon as possible and also to pay more than $160,000 in back taxes owed to the city.

“I’m trying to devise a plan to get them paid and get the roofs done,” he said. “We got the blacktop done, but we still are going back and forth with USDA (United States Department of Agriculture) on trying to figure out a plan on how to get the roofs done and the taxes paid.”

A previous violation notice from the city did reveal that the sidewalks and driveways at Northside Meadows were in violation, but that does not appear on the latest notice.

“We fixed the driveways by funding that out of operations,” he said.

Renzo said he has a roofing contractor lined up to do the work.

“I had to submit a plan of action (to the USDA),” he said. “My first plan was to request additional funding to get it done. And I requested to pay it off in three or four years. However, they’re saying that it would be a burden on the project, and that we have to establish some other kind of financing – either through them or through a third party or bank.”

He said he working on a “Plan B,” so to speak, adding, “We’re going to figure this out one way or another. We can’t let it go any further.”

As far as the tax situation, the City Clerk’s office reported that $167,544.26 is owed to the city in back taxes.

Tax bills have been paid recently at two other subsidized housing sites managed by V&V Development – Le Roy Meadows and Corfu Meadows.

The Genesee County Treasurer’s office confirmed that a payment of $615,851.84 was received on Aug. 26 for taxes on Le Roy Meadows and a payment of $62,195.13 was received on Sept. 27 for taxes at Corfu Meadows.

Renzo said that roof work on three of the 10 buildings at Le Roy Meadows, 16 Genesee St., has been completed, with the remaining seven to be done on an “as needed basis.”

Previously: City inspection violation notices call upon Northside Meadows management to rectify roof, driveway issues

Previously: Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

Fall Festival raises $4,000 for All Babies Cherished

By Mike Pettinella

The executive director of the All Babies Cherished Pregnancy Assistance Center said about $4,000 was raised today for the nonprofit, pro-life organization through its second Fall Festival at the Batavia City Centre concourse.

"There are 90 vendors here and they're all doing well," Sue Sherman said during the event that ran from 10 a.m. to 3 p.m. "They're selling their goods and it's a great representation of things that the community has to offer."

Sherman said ABC receives the vendor fees charged to the entrepreneurs, while "the proceeds they (vendors) make here are for the fruits of the their labor."

The procees comes at an opportune time for ABC, Sherman added, as it is setting up a house it has acquired to be used as temporary living quarters for the homeless women the organization serves.

"It will probably be between eight months and a year before we're able to open it for girls to live there. It's a work in progress but we're very thankful that we have one," she said.

The event has become one of the nonprofit organization's major fundraisers, she said, crediting volunteer Lucille DiSanto for her efforts in coordinating the show.

Program Coordinator Mona Doyon said she considered it "a blessing" to see the mall used again and being able meet and greet people.

She also said she is looking forward to ABC's virtual fundraising event this Thursday.

The agency will be hosting a free online fundraiser at 7 p.m. Oct. 28 in commemoration of its 25th year.

Le Roy resident Alexandra Andrews will tell her story as an abortion survivor.

A wife and mother of three, she said her testimony centers upon the ways God revealed His plan for her life, bringing her out of an orphanage in Russia to share a message of mercy, healing and forgiveness.

A registered nurse, Andrews is an active member at her church and serves on the ABC board of directors.

For more information, call 344-5660, go to www.allbabiescherished.com or www.facebook.com/AllBabiesCherishedPregnancyCenter/ 

All Babies Cherished Program Coordinator Mona Doyon, left, and Executive Director Sue Sherman.

Rochester Regional Health "Baby Cafe" employees Jay Balduf, left, and Linda Lee Stoiber greet Barb Worthington and her grandkids, Fae and Arlo Hoisington.

It's all about unique holiday decor at the Creative Crafts by Lori table. From left are Rochester area residents Donna Erickson, Lori Mariani (owner) and R.J. Kessler.

Delevan area residents Sue McKay (owner) and friend Kristi Cain at Grandma's Love Boutique, which features mittens, bows, stockings, washcloths and scrubbies.

Checking out the selection of items at the basket raffle table. Photos by Mike Pettinella.

City Council to consider permit fee schedule update

By Mike Pettinella

The introduction of new computer software means that it’s time to say good-bye to an old -- and outdated -- permitting and licensing fee schedule for the City of Batavia, according to a memo from City Manager Rachael Tabelski dated Oct. 25 and sent out ahead of Monday’s City Council Conference Meeting.

Council will convene at 7 p.m. for the Conference Meeting, which features a full slate of agenda items. A Special Business Meeting set up to vote on three of those items will follow.

In the memo, Tabelski promotes Energov software, a program that creates digital files for permits and licensing that will make life easier for Inspection Bureau staff. However, some of the current fees are not articulated clearly enough to jive with that software.

Additionally, she reports that a review of the city’s current processes and procedures – along with permit fees – was conducted.

Noting that the fee schedule hasn’t been updated in at least 15 years and has resulted in varying, inaccurate cost calculations, she is proposing a new fee schedule – a revised list of charges for certain projects that was approved by the Inspections Bureau, Plumbing Board and Bureau of Maintenance.

“In order to ensure that permit fees can be calculated in Energov and to create a permit fee schedule that is fair to all, a new fee schedule is proposed,” Tabelski wrote. “Many permits are proposed to be a flat fee. Permits that are not a flat fee have been structured for easy calculation by staff, the public and will easily compute in Energov.”

The memo indicates that work performed by the property owner will be calculated by square foot. If the project is not included on the list of flat fee permits – such as a porch rebuild or removal of a load-bearing wall – then the value of the cost of the project would be multiplied by 1.2 percent to determine the fee. Also, the fee will triple if work is done without a permit.

If approved by Council, changes would take effect on Jan. 1, 2022.

Tabelski put together a chart showing items up for revision and compared the proposed new cost to fees in Canandaigua, Lockport, Rome and Glens Falls.

Items on the list for revision, followed by the current fee, proposed fee (in bold), and fees in the four cities listed above in order:

  • Re-roof all 1-family dwelling (2,200 sq ft - $13,000) -- $52, $65, $100, $59, $75, $50.
  • Re-roof porch only (350 sq ft - $1,800) -- $40, $35, $100, $51, $75, $50.
  • Re-roof commercial (1,200 sq ft - $26,000) -- $113, $312, $100, $150, $200, $150.
  • Six-foot vinyl fence ($15,000) -- $65, $65, $50, $20, $75, $25.
  • Six-foot wood fence ($7,000) -- $43, $65, $50, $20, $75, $25.
  • Entire house vinyl siding (1,600 sq ft - $14,000) -- $53.50, $65, $480, $47, $75, $400.
  • 1-family (375 sq ft - $22,000) -- $115.50, $264, $300, $150, $100, $200.
  • Commercial addition (1,400 sq ft-$105,000) -- $550, $1,260, $500, $350, $200, $350.

Other Conference Meeting agenda items are as follows:

  • Agreements with the Town of Batavia for city personnel to repair and maintain 31 street lights the town is putting up on Park Road in the area of Batavia Downs Gaming and a traffic control device the town is installing at the intersection of Route 98 and Federal Drive, north of the city.

In both cases, the city would invoice the town for labor and material costs.

Currently, city employees maintain the traffic light for the town at Veterans Memorial Drive and the Towne Center.

  • Acceptance of a $500,000 Restore New York Grant that was awarded to the city in 2017 to assist Savarino Companies for demolition, rehabilitation and adaptive re-use of the existing former National Grid electric building in connection with the Ellicott Station project.

As a condition of disbursing the funds to Savarino, the Buffalo developer is required to enter into an “Undertaking Agreement” with the city to assume a portion or all of the obligations of the city under the grant.

  • Mid-fiscal year transfers due to expenses incurred in excess of budgeted amounts set in April.

These include $30,000 from the contingency fund into the legal services budget for increased litigation costs, $12,000 from contingency into the information technology budget for an increase in the number of monitored computer servers, and $25,000 from the public works administrative salary account to the DPW engineering account for expenses owed to LaBella Associates in light of the city’s ongoing search for a DPW director.

County clerk: New York needs to revamp revenue-sharing formula to fairly compensate local DMV offices

By Mike Pettinella

With revenues from auto dealer work on the decline, Genesee County Clerk Michael Cianfrini is hoping for a change in New York State’s revenue-sharing practices as well as participation in a pilot program to provide a much-needed boost for local Department of Motor Vehicle offices.

Cianfrini, in his yearly departmental review at the County Legislature’s Ways & Means Committee meeting earlier this week, said a lack of vehicle inventory has resulted in decreased income for the county DMV.

“The volume of dealer work has dropped off pretty significantly in recent months – and that’s statewide,” he reported. “Every county clerk is experiencing the same thing. A lot of that has to do with inventory … so car sales have dropped off.”

County DMV staff continues to handle dealer work for both in-county and out-of-county entities, Cianfrini said, but the revenue thus far – about $132,000 through September – likely will lead to an amount less than what was generated in 2020.

He said he recently registered the local office to take part in a state-sponsored pilot program where local DMV offices will be able to process transactions received at the state office via mail or online.

“They’re (state DMV employees) behind right now in processing those transactions that are mailed into them,” he said. “They’re behind and we need the revenue so they started this program … where they mail (those) transactions to our county for us to process and return them to customers.”

Cianfrini said the pilot program is expected to start in November or December and “hopefully make up for some of the lost revenues from dealer sales being down.”

Mentioning that he attended the NYS Association of County Clerks conference in Poughkeepsie on Monday, Cianfrini said the group’s “biggest push this year is to increase the revenue sharing that we get from the state.”

He said local DMV offices receive 12.7 percent of revenue generated from in-office transactions and “a pittance” from online transactions.

“We will be trying to negotiate either an increase in the online share to bring it up to parity with the 12.7 percent we get in-office or some negotiated figure along those lines,” he advised. “We do the lion’s share of the work, yet we get a minimal amount of proceeds, so we don’t think that’s fair.”

Since August, the county DVM office has been open for residents of all counties without appointment, and continues to offer drop box service.

“We’re processing everything from the drop box or mailed (to us) the same day it is received and we get it turned around and mailed out that same day,” Cianfrini said. “One or two people are assigned to do just that.”

In areas concerning the Genesee County Clerk's office (which, along with the DMV, is located at County Building I pictured above), Cianfrini reported:

  • Back-scanning of records to digital images continues, with deed indexes and actual deed images available back to 1927, mortgage index and images back to 1966, miscellaneous records back to 1974 and miscellaneous index back to 1926.

“I just solicited a bid to get our mortgage index books back to 1917 and also asked for an estimate to image our mortgage books back to 1917,” he said. “Each year we’re trying to push our image records farther and farther back, especially for our online record sales. This makes it that much more valuable when people can do their research farther back.”

  • The clerk’s office began online record subscriptions in January 2020, and the practice has been successful – generating more than $33,000 thus far in 2021.

“We’re anticipating revenues of $45,000 for this year, which is significantly higher than last year,” he said. “We take these revenues as a credit against our IQS (Info Quick Solutions) document management services contract, so that lowers the contractual amount we have to pay each year.”

  • To date, pistol permit applications have hit the 440 mark and amendments have reached 2,273 – numbers that are higher than historic averages.
  • About $425,000 is projected in local mortgage tax revenue for 2021, up from $419,000 last year.

Fire chief's suggestion of mediation may be the answer to ending stalemate between town, village boards

By Mike Pettinella

Leave it to a first responder to jump into the fray and attempt to put out the “fire” that has embroiled the Oakfield village and town boards over the financial payment plan for fire protection for their residents.

On Thursday night, Sean Downing, chief of the Oakfield Volunteer Fire Department, said that he is working toward a meeting of town, village and fire department officials, with OVFD attorney Mark Butler of Williamsville acting as a mediator.

“It’s time to get this thing resolved and move forward,” Downing said. “The fire department is stuck in the middle here.”

Downing said citizens are upset over the impasse and several of them voiced their displeasure at a recent town board meeting.

After that, the fire chief said he suggested having representatives of the village and town sit down with fire department personnel and Butler.

“I’m drafting a letter to send to our attorney for review and for the town (Supervisor Matt Martin) and the village (Mayor David Boyle) to sign (indicating) that they will come to the meeting,” Downing said. “The letter also reads that they will agree to what our attorney recommends.”

Downing said he is proposing a few dates for the meeting in an attempt to find one that accommodates everyone involved.

Martin, responding to an email from The Batavian, reported that “a tentative meeting is in the works.”

Boyle, speaking by telephone yesterday, also acknowledged that “a meeting is being set up by the fire chief.”

The dispute centers upon how much the town should pay for fire protection services offered by the village, which owns the fire department trucks and equipment. The building itself, on Albert Street, is owned by the fire department.

The village is threatening legal action against the town for failure to pay $78,644.71 owed for the 2020-21 fiscal year. Boyle said the village will shut off fire and emergency response to the town (including the Oakfield-Alabama Central School District) if the bill isn’t paid by Nov. 30 – action that Downing said could be supported by the OVFD.

Martin said the town wants to renegotiate the longstanding agreement, and sent the village a check for half of that amount in an attempt to sit down and come up with a new three-year pact that removes charges to the town for capital expenses, such as trucks and equipment.

“The town would like a three-year agreement and a service contract only,” Martin wrote. “When we say service contract, we mean that the capital portion not be included as that is owned by the village.”

When asked if the town considered paying the full amount owed prior to renegotiation, Martin responded, “We have done this in the past and have gotten nowhere.”

“Once the village gets their money, they do not contact us again until it is time to discuss the fire budget again the next year,” he said. “We have asked for five years to work this out and they continue to ignore our request.”

He said the town board favors a service agreement for fire protection, similar to the one it has with the village for snowplowing.

Boyle’s response made it clear that he doesn’t believe that is fair.

“That’s ludicrous to me,” he said, reiterating that all necessary vehicles are dispatched and equipment used when firefighters respond to town emergencies.

The mayor, however, did say he was encouraged by the chance to express the village’s stance in mediation.

“There are issues to iron out, for sure,” he said. “I hope there’s a sense of give-and-take in the discussions, and not just demands.

“As far as I’m concerned it’s a no-win situation at this point. We’re going to have to come to some kind of compromise. Both parties deserve a contract that supports the fire department but also is fiscally conservative and responsible.”

Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half

Previously: O-A school superintendent hoping for quick resolution to village, town fire protection squabble

Nov. 2 election: Four vying for three spots on City Council

By Mike Pettinella

Republican incumbents Eugene Jankowski Jr., Jeremy Karas and F. Robert Bialkowski are being challenged by Erica O’Donnell (Democrat and Families of Batavia) for Batavia City Council-At-Large seats in the Nov. 2 general election.

Voters will select three of those four people to four-year terms.

Most of the candidates for elected positions in Genesee County this year are running unopposed.

Contested races include Town Council in Stafford, Bergen, Le Roy and Pembroke; Town Justice in Bethany and Le Roy, and Town Supervisor in Byron.

The election slate, according to the Genesee County Board of Elections:

GENESEE COUNTY

  • County Court Judge/Surrogate (10-year term, vote for one) -- Melissa L. Cianfrini, R, C
  • District Attorney (four-year term, vote for one) -- Kevin T. Finnell, R
  • County Coroner (unexpired term, vote for two) -- Wade E. Schwab, R; John W. Peck, R
  • County Legislature (four-year terms unless noted, vote for one) -- District 1, Chad A. Klotzbach, R; District 3, Gordon L. Dibble, R, C; District 4, unexpired term, Brooks M. Hawley, R, C; District 5, Rochelle M. Stein, R, C; District 7, John Deleo, R, C; District 9, Gary T. Maha, R, C

CITY OF BATAVIA

  • City Council at Large (four-year terms, vote for three) -- Eugene A. Jankowski, Jr., R, C; Jeremy W. Karas, R, C; F. Robert Bialkowski, R; Erica B. O’Donnell, D, Families of Batavia

TOWN OF ALABAMA

  • Town Justice (four-year term, vote for one) -- Pamela J. Thurber, R
  • Town Council (four-year terms, vote for two) -- Jill L. Klotzbach, R; Kevin J. Veazey, R

TOWN OF ALEXANDER

  • Town Justice (four-year term, vote for one) -- Ronald P. Merrill, R
  • Town Council (four-year terms, vote for two) -- Eric T. Wagner, R; Laura F. Schmieder, R

TOWN OF BATAVIA

  • Town Supervisor (four-year term, vote for one) -- Gregory H. Post, R.
  • Town Clerk (vote for one) -- Teressa M. Morasco, R
  • Town Justice (four-year term, vote for one) -- Andrew J. Young, R
  • Council (four-year term, vote for two) -- Patti A. Michalak, R; Daniel G. Underhill, R\
  • Town Highway Superintendent (four-year term, vote for one) -- Thomas W. Lichtenthal, Jr., R

TOWN OF BERGEN

  • Town Supervisor (four-year term, vote for one) -- Ernest J. Haywood, R
  • Town Council (four-year term, vote for two) -- James S. Starowitz, R; Anne M. Sapienza, D, C, WOR; Teresa F. Whalin, R

TOWN OF BETHANY

  • Town Clerk (unexpired term, vote for one) -- Shauna P. Klump, R
  • Town Justice (four-year terms, vote for two) -- Joseph Nowakowski, R, Legal Party; Jeff Wolak, R; Peggy Johnson, Justice; Nichole Szymkowiak, Justice
  • Council (four-year terms, vote for two) -- Diane L. Fowler, R; Daniel K. Street, R

TOWN OF BYRON

  • Town Supervisor (two-year term, vote for one) -- Peter N. Yasses, R; Gerald L. Heins, Ind.
  • Town Clerk (four-year term, vote for one) -- Debra M. Buck-Leaton, R, WOR
  • Town Justice (four-year term, vote for one) -- Christopher M. Erion, R
  • Council (four-year terms, vote for two) -- Jeffrey J. Thompson, R; Thomas H. Felton, R
  • Highway Superintendent (two-year term, vote for one) -- David W. Leaton, Jr., R

TOWN OF DARIEN

  • Town Clerk (four-year term, vote for one) -- Alice E. Calmes, D, C
  • Council (four-year terms, vote for two) -- Michael A. Fix, R; David H. Krzemien, D

TOWN OF ELBA

  • Town Supervisor (four-year term, vote for one) -- Donna J. Hynes, R
  • Council (four-year terms, vote for two) -- Daniel L. Coughlin, Jr., R; Michael P. Augello, R

TOWN OF LE ROY

  • Town Justice (four-year term, vote for one) -- Carol DiFrancisco, D; Tom Feeley (write-in)
  • Council (four-year terms, vote for two) -- Robert Fussell, D; Sarah Krzemien, D; Bill Fox, C; David R. Paddock, R, C; Ronald B. Pangrazio, R

TOWN OF OAKFIELD

  • Town Supervisor (four-year term, vote for one) -- Matthew E. Martin, R
  • Town Justice (four-year term, vote for one) -- Thomas A. Graham, R
  • Council (four-year term, vote for two) -- Carol L. Glor, R; Kim E. Wolcott, R

TOWN OF PAVILION

  • Town Council (four-year term, vote for two) -- Donald A. Oberlin, R; Dean A. Davis, R

TOWN OF PEMBROKE

  • Town Justice (four-year term, vote for one) -- Edwin F. Mileham, Jr., R
  • Council (four-year terms, vote for two) -- Edward G. Arnold, Jr., R; Helen Trowbridge Hanes, D, Ind. Cit. of Pem.; K. Warren Clark, R
  • Highway Superintendent (unexpired term, vote for one) -- Scott T. Turner, R

TOWN OF STAFFORD

  • Town Clerk (four-year term, vote for one) -- Barbara L. Radley, R, Barb for Clerk
  • Council (four-year terms, vote for two) -- Ronald T. Panek, R; James R. Duyssen, R; Cathy Worthington, C (write-in)
  • Highway Superintendent (four-year term, vote for one) -- Steven B. Boldt, R, C

County manager: Property tax rate currently sits at $9.37; 2022 budget report to come out on Friday

By Mike Pettinella

Emphasizing that the Genesee County Legislature has no intention of overriding the New York State property tax cap, County Manager Matt Landers this morning said he expects the tax rate for 2022 to decrease by 53 cents from last year’s figure.

“The rate as of right now, and the only reason the rate would go up if there is any kind of change to the assessments between now and when we finalize the budget in late November, is at $9.37 (per $1,000 of assessed value),” Landers said.

That’s down from the rate of $9.80 in 2021, a drop of about 4 ½ percent.

The tax levy, or the amount to be raised by taxes, is going from $31,451,727 to $32,130,246 – an increase of slightly more than 2 percent.

Landers pointed out that municipalities such as Genesee County can’t raise their tax levies by more than the 2 percent tax cap.

He said his office is finalizing the All Funds and General Fund spending plans, but indicated both will go up compared to 2021.

“I will have those numbers when I file the budget on Friday,” he said, indicating that his office will be issuing a press release tomorrow.

Genesee County is using $1.4 million of its unexpended fund balance in 2022, down from $2.3 million utilized in 2021.

Landers said the new Genesee County Jail – with groundbreaking set for next spring – is a key part of the 2022 budget.

“We don’t have any debt service in the 2022 budget because we’ll be borrowing for the jail in '22,” he said. “Debt service will come out in 2023.”

There are line items in next year’s budget, however, for four new corrections officers – positions that are part of a jail transition team required by the state Commission of Corrections to be in place prior to groundbreaking.  

“We’ll pick four us our more experienced COs to work on that, and that’s all they work on,” Landers said. “Then, we’ll backfill and hire four positions that we create. These positions will be kept on with the new jail because there’s an expected staffing increase with the new county jail.”

The county is planning to spend about $70 million on a 184-bed jail on West Main Street Road, just east of County Building 2. The facility will include a backup E-911 Center.

Two full-time nurses will be on duty at the new jail, an upgrade from the current one full-time nurse and one part-time nurse, Landers said, and four new positions will be added at the highway department – two seasonal and two full-time positions – to focus on tree cutting.

“We’re going to dedicate a tree crew that will work year round, working on the backlog of trees that have been devastated by the ash borer,” Landers said. “Trees are in the right-of-way and need to be cleared for safety purposes.”

Batavia Town Supervisor: 2022 property tax rate expected to drop 12 percent to $2.51 per $1,000 of assessed value

By Mike Pettinella

The Town of Batavia property tax rate is expected to decrease by about 12 percent for 2022, Supervisor Greg Post said today.

Post, (photo at right), in providing The Batavian his first update on budget proceedings, said the preliminary General Fund spending plan for next year is currently at $4,845,357, which includes $1,346,403 in expenditures for the Highway Fund.

While the General Fund budget is up by about $800,000 from 2021 and the town’s revenue decreased, the Town Board is looking at using $1.18 million in unexpended fund balance ($600,000 more than originally anticipated) to keep the property tax levy at the same level, Post said.

The current tax levy on the books for 2022 (the amount raised by taxes) is at $1,236,000 – the same as the number in 2021.

“Which means that because of the increased assessed value (in the town), the tax rate will go down by about 12 percent – from $2.85 to $2.51,” Post indicated. “Nothing is set in stone as we still have several weeks to work through this and we may tweak it prior to adoption.”

The sewer rate is expected to remain flat at $7.09 per 1,000 gallons used, while the water rate for both residential and agricultural consumers is projected to increase by 2 percent – to $6.32 and $5.12 per 1,000 gallons, respectively.

Meanwhile, the fire district tax rate looks as though it will remain flat, but will result in greater revenue due to the increased assessed valuation.

The Town Board has scheduled public hearings on the sewer and water rates for 7 p.m. Nov. 3 at the Town Hall on West Main Street Road, with a public hearing on the budget to follow at 7:10 p.m.

A special meeting to adopt the budget, and the sewer and water rates is set for Nov. 17 at the Town Hall.

Additional details provided by Post are as follows:

  • The strategy on the tax levy “was to keep this as flat as we can, and use up the residual money saved during COVID to purchase the things that were deferred from the last two years,” he said. “Now that we’re in full operation and projects are happening, we need to have the staff and the means to attend to that so we can continue to be in a growth mode.”
  • The town is hiring another highway department employee and a “project manager” engineer to assist with administration of Park Road Reconstruction Project. “This is similar to what we did five or six years ago,” Post advised. “When the work increases, we add staff, and when the work decreases, we reduce staff.”
  • The plan includes spending about $500,000 on a fleet of pickup trucks, something that was deferred due to COVID.  “But we might not even be able to buy trucks next year because they might not be available yet; trucks are hard to find,” Post said.
  • The town realized a surplus last year of $280,000, enabling it to use more of its unexpended fund balance, Post reported. “That was due to the efforts the staff has made to find creative ways to finance projects and get grant money to subsidize the operations,” he said. “Through this process, we still have adequate reserves and unexpended fund balances to carry us through whatever the next Apocalypse is.”
  • The board is considering pay increases averaging 3 percent, although not across the board, Post said. “That doesn’t mean that money gets spent. Those numbers are not finalized and set until the first of the year. This virtual situation has found a number of efficiencies and it has also allowed the town to service building permits, applications and plan reviews as well as administer public sector projects like Ellicott Trail and repaving and now Park Road and Route 98 improvements.

Gov. Kathy Hochul at WNY STAMP: Plug Power will get 'the very best people'

By Mike Pettinella

Gov. Kathy Hochul touted the hard working Western New York community today as she took part in a groundbreaking ceremony to recognize Plug Power, Inc.’s $290 million investment at the Science & Technology Advanced Manufacturing Park in the Town of Alabama.

“There is a strong work ethic here,” said Hochul, a Buffalo native who spent much time in Genesee and surrounding counties during her days as a U.S. Congresswoman and New York State lieutenant governor. “I come from just a little bit down the road – the granddaughter of a steel worker in a steel plant; my dad worked in the steel plant. In Rochester, he worked at Eastman Kodak and many other jobs.

“People are used to working hard, and employers are recognizing it. This is in our DNA. This is what they will get when they come here and invest here. They’ll get the very best people.”

Hochul was joined by Andy Marsh, chief executive officer of the Latham-based Plug Power, which is set to construct a major green hydrogen fuel production plant and a 450-megawatt electric substation that will provide power to the entire STAMP site.

Officials from the New York Power Authority were also on hand at the Genesee County Economic Development Center-coordinate event, which drew around 100 people.

The NYPA board previously approved a 10,000-kilowatt hydropower provision along with $1.5 million in funding from the Western New York Power Proceeds program, and 143 MW of High-Load Factor power that NYPA will procure for Plug Power on the energy market, drastically lowering electric bills through a reduction in electricity delivery chargers.

Other speakers were State Sen. Edward Rath, Assemblyman Steve Hawley, Genesee County Legislature Chair Rochelle Stein and GCEDC Vice President of Operations Mark Masse.

A CLEAN ENERGY REVOLUTION

Hochul said that the location “is the place where the clean energy revolution is happening.”

She thanked officials at the NYPA for “harnessing the power of the Niagara River … and (being able to) spread that energy across the state – literally, spread the energy across the state.”

“To invest here and to send a message that this project is important enough to have your investment, but also to transfer electricity here and power here, and the conversion into green hydrogen. That’s not happening anywhere else; nowhere else are they being that creative,” she said.

She drew a round of applause when she said, “It’s happening here in Genesee County. And as a result, we’ll have North America’s largest green hydrogen production facility here in the State of New York, but right here in Genesee County.”

The governor said she was “so delighted” to be back home again as this county has special meaning to her.

“I heard Mark (Masse) say I was here a few times,” she said. “I was here a few times a week – to your candy stores and your shops and your restaurants and your downtown, and had the opportunity to talk about the Downtown Revitalization Initiative and so many other transformative projects. So, when I come back home here it gives me the sense of not just (being) excited about what we’ve done in the past but the possibilities in the future. And, ladies and gentlemen, the future is starting today.”

THANKING THE 'EARLY VISIONARIES'

She credited “early visionaries” such as Steve Hyde, former Senator Mary Lou Rath, Assemblyman Steven Hawley, Genesee County Legislature Chair Rochelle Stein and local government officials.

“Thank you for never giving up, for always having the faith. Your persistence and patience has paid off. And that’s what today is all about.”

And she thanked Marsh for seeing the possibilities in Genesee County.

“It’s companies, it’s people and it’s also places, and this place has been crying out for an opportunity like this to show what it was really made out of,” she said. “And the location, I’ve always said this. This region is spectacular because of its proximity to two larger urban areas …”

Masse said interest in STAMP from corporate site selectors from the advanced manufacturing sector -- including semiconductor and clean energy -- has never been stronger.

“There’s a long queue of prospects constantly asking for information, meetings and visiting the site. Our region and our site are very suitable for companies such as Plug Power to succeed and make a lasting impact,” he said.

MASSE PROMOTES SHOVEL-READINESS

Noting that the region has 2.1 million people in a 60-mile radius with 57 colleges and universities – and 4,000 engineering graduates annually, Masse said, “The only thing holding us back now is the increasing of our capacities of existing infrastructure to make this site completely shovel-ready.”

“This would have the full water, sewer, electric at the property line for any company looking to locate here so they can move quickly to construct their facility and be up and running as soon as possible.”

Masse said he was hopeful that New York State will continue to make infrastructure investments to advance the shovel-readiness of mega-sites such as STAMP.

Marsh compared Plug Power’s expansion to George Westinghouse’s pioneering electrical network more than 100 years ago.

“Hydrogen is really important, and green hydrogen is especially important,” he said, adding that projections show that 18 percent of the world’s energy is going to come from hydrogen.

MARSH FORESEES ACCELERATION

“And right here in the field will be the first large-scale green hydrogen network, not only in New York, not only in the U.S., but around the world. Just like George Westinghouse did with electricity years and years ago.”

He called that “a great accelerator for this local economy and Plug Power believes, with its investments here, which we hope to continue to grow – with our investments in Rochester – we will see the same.”

Marsh, mentioning that Plug Power’s green hydrogen will power forklifts at several big companies, said that 25 percent of food during COVID moved through Plug Power products.

“It really made the world realize what Plug Power was doing. We were able to raise $5 billion in the public market, which supplements a lot that goes on with support in New York and other places,” he offered.

CLICK HERE for more about today's developments.

Photo above: Gov. Kathy Hochul speaking at this morning's Plug Power groundbreaking event at WNY STAMP in the Town of Alabama. Photos below: Hochul and Plug Power CEO (center) and other regional and state officials take part in the ceremony; state, regional and local government leaders turned out for the event. Photos by Steve Ognibene.

Patio homes/building lots development project is back on the Le Roy Village Board's agenda for tonight

By Mike Pettinella

Update, 3 p.m.: Le Roy Village Mayor just reported that the Village Board will not be deciding the fate of this project tonight, but plans to complete the State Environmental Quality Review process. He said he is looking into scheduling a meeting for Nov. 1 for the vote, although that date has yet to be confirmed.

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The housing development being proposed by a Batavia businessman returns to the public arena tonight when the Le Roy Village Board convenes its regular monthly meeting at Memorial Auditorium on Trigon Park.

Eric Biscaro’s plan to construct 30 duplex units for residents 50 and older on a 20-acre parcel of land off East Avenue in the village (photo at top) has drawn much attention over the past five months – and a great deal of opposition from a vocal group of citizens who live in the East Avenue, Poplar Lane, Orchard Drive neighborhood.

Those calling for the village board to turn down the project – which requires rezoning from Residential to Planned Unit Development – have given various reasons, including it’s not a good fit for the area, increased traffic and stormwater runoff.

However, there have been LeRoyans who have spoken favorably of the venture, which also includes extending East Avenue to accommodate 18 single-family building lots. Those supporting it have pointed to studies that show Le Roy (and Genesee County) lack adequate housing for seniors and also have mentioned the tax revenue the project would generate.

So, after a recommendation of approval by the Genesee County Planning Board, two previous well-attended public hearings, and some back-and-forth dialogue on The Batavian, the matter is back on the village board’s agenda, with proceedings to begin at 7 o’clock.

Mayor Greg Rogers, contacted earlier this week, said board members seem to be satisfied with traffic and stormwater runoff studies conducted by the CPL engineering firm hired by the village.

“Yes. We’ve reviewed CPL’s study of the water and traffic issues and they’re (CPL) good with that,” he said.

The pressing concern now, he said, is what to do about Biscaro’s offer to put the East Avenue extension in himself, with minimal assistance (around $30,000) in the way of stone, gravel and trucks from the village. The developer also is seeking a $7,000 cap on building permit fees (which represents about a 50 percent discount).

Rogers said that no decision has been made by the board as far as Biscaro putting the road in.

“He has proposed putting the majority of the roads in for the 60 units (senior housing complex) and the 18 building lots on an extension of East Avenue,” Rogers advised. “The board is looking at a commitment of $50,000 to $75,000 toward the road extension.”

The board is thinking about spending that much because the current village code stipulates that curbs and storm sewers come with the installation of new roads.

“That definitely will be part of the conversation Wednesday (tonight),” he said.

Biscaro, using his Clinton Crossings Adult Community as an example, contends that curbs and storm drains aren’t necessary and “do not make the neighborhood.”

“Curbs trap the water on the street and force it to the storm drains,” he said. “You all heard the complaints about water in the storm drains going into the culvert under East Avenue and on to the golf course. Why do it? It’s not necessary. Our stormwater plan already takes care of any water on that street without sending it on to anyone else.”

The owner of Armor Building Supply in Batavia, Biscaro said he has multiple plans that will meet New York State Department of Environmental Conservation requirements and will present those, as well as a Letter of Compliance, to the board.

He said the “pros” of the project far outweigh the “cons” when it comes to being a benefit for the Village of Le Roy.

Biscaro said he got involved with the village after receiving word from Rogers that the board was considering an investment of up to $1 million to extend East Avenue. The proposal also includes opening up South Avenue as an emergency exit/entrance to South Street.

“A vote for the project will lead to quality built patio homes with garages built for easy senior living with no maintenance and more importantly no worries, and a nice new street where beautiful single-family homes will be built,” Biscaro said. “Maybe someone’s children or siblings can build and stay in Le Roy.”

As he did at the last public hearing, Biscaro – who said he will be investing $9 million over the next five years -- brought up the positive tax implications for the village.

“The current annual tax receipts for that property is approximately $1,360 -- $400 to the village and $960 to the (Le Roy Central) school district,” said Biscaro, who is seeking a Payment in Lieu of Taxes agreement with the Genesee County Economic Development Center. “In just the first year alone, the village would get $2,400 and the school would receive $5,760.”

He said the cumulative totals after 10 years would equal $311,500 to the village and $747,600 to the school district.

“If the board votes against it, it’s the same $1,360 year after year,” he said.

Biscaro said he is committed to building something that will enhance the neighborhood, which has been called a “jewel” by its residents.

“The issue right now is that we have nothing at this location and very little income,” he said. “We need to work together to create something out of this scrub land section of the village, and make this development another gem of the neighborhood.”

Genesee County legislators call on G/FLRPC to provide answers to broadband availability question

By Mike Pettinella

As a Genesee County legislator representing the rural towns of Elba, Byron and Bergen, Christian Yunker said people are constantly coming up to him to ask when they will be getting broadband internet service in their area.

“What do I tell them?” Yunker asked on Monday, pointing his question to Paul Gavin, the just-hired executive director of the Genesee/Finger Lakes Regional Planning Council.

Gavin was at the legislature’s Public Service Committee meeting at the Old County Courthouse to introduce himself and inform the committee of some of the agency’s priorities heading into 2022.

He was joined by Jay Gsell, the former longtime county manager who was employed as G/FLRPC’s interim executive director over the past year, and Richard Sutherland, a planner with the organization that serves the nine Finger Lakes Region counties, including Genesee, Livingston, Orleans and Wyoming.

Gavin’s reply focused on initiating a broadband internet gaps analysis, which could take up to six months to complete, and then lining up financing, addressing any issues that invariably will pop up, and contracting with an Internet Service Provider.

“I would tell them that we’re at least a year away,” Gavin said, adding that the process would be shortened with the use of local and/or state funds. “(By having to obtain) federal funding, it takes longer.”

Gsell, who was charged with streamlining the agency’s operations in the temporary role, said that Genesee and Wyoming counties have yet to reach a level where they can take a broadband internet plan to a third party (such as Spectrum or Empire Access).

County Manager Matt Landers said Genesee has “already informally set aside a portion of our ARPA (American Rescue Plan Act money) to go toward this.”

“I know that some of our towns are better positioned – and have some funds set aside – to implement it,” he said.

Sutherland said that New York has authorized a broadband gap study for every county, looking for citizen participation to determine internet speed, availability in certain areas and what people would be willing to pay for the service.

He said the state’s Public Service Commission is hoping to complete the study by May 2022.

Landers said Genesee can’t enact a plan without countywide data of where the gaps are with all of its providers – noting that most information is proprietary.

It’s important to know the financial means of the towns and “critical to have that data first,” he said.

Gavin suggested that counties pressure the PSC by emphasizing the urgency in getting something done and to work with the G/FLPLC to implement a strategy that works best.

A Dunkirk native, Gavin is joining the regional planning council after holding a similar position with the Gulf Regional Planning Commission in Biloxi, Miss. Previous to that, he worked for the Port of Pascagoula (Miss.) and Department of Transportation in New York and Nebraska.

He is a graduate of the Merchant Marine Academy and St. Bonaventure University. He and his wife and daughter will be residing in the Rochester area, he said.

Gavin credited Gsell for his role in the G/FLRPC’s designation as an Economic Development District.

“That’s important … as it allows you to spend economic development administration funds and, as you know, they’re really flowing from the federal government right now,” he advised.

He said the G/FLRPC is available to assist counties with grant writing, strategic planning, land planning.

“We want you to turn to us and look for us to help you. Yes, you can go to consulting firms and yes, they will do a fabulous job, and yes, you will pay much, much more for that service that we can provide for you,” he said.

Gavin and Gsell said the agency is seeking a 10 percent increase in annual county contributions, from $9,600 to $10,600. The last increase came in 2002.

“The preliminary 2022 budget draft includes many operating expense reductions and continues our long-term history of strategic yet frugal budgeting and cost containment,” Gsell reported.

Photo: Jay Gsell, left; Paul Gavin and Richard Sutherland. Photo by Mike Pettinella.

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