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The Batavia City Council, back in the public eye after a five-week break, is expected to hear a review of the Batavia Muckdogs’ summer baseball season from owner Robbie Nichols and an audit presentation for the 2020-21 fiscal year by Kathryn Barrett, director at Freed Maxick CPAs, P.C.

Those two items, along with City Manager Rachael Tabelski’s recommended transfers of unassigned funds to restricted reserve funds, highlight the agenda of Council’s Special Conference Meeting, which is set for 7 p.m. at the City Hall Council Board Room.

A Business Meeting, featuring five resolutions to be voted upon, will follow. One of those resolutions is to approve the modified and restated sales tax allocation agreement with Genesee County – action that paves the way for the county to distribute sales tax revenue on an annual basis to its towns and villages for the next 38 years.

Muckdogs Make Winning Debut

The Batavia club enjoyed a successful first season in the Perfect Game Collegiate Baseball League after the city and CAN-USA Sports LLC, owned by Nichols and his wife, Nellie, came to a lease agreement over the winter to operate a team here – ultimately deciding to keep the popular nickname, Muckdogs.

The team posted a 22-19 record, finishing one game back of Geneva for a playoff berth in the league’s Western Division, but beyond that, fans flocked to Dwyer Stadium in large numbers. The Nichols and their players also supported numerous community events and causes.

In an interview with The Batavian at the end of July, Nichols said fans will see an even better team in 2022, stating that this year’s players will go back to their schools and tell the best players on their teams that “you want to go to Batavia."

“I think the team is really going to improve next year," he said.

Audit: City at ‘Healthy, Stable Position’

Barrett will present the key findings of the accounting firm’s audit of the city, which, per the document’s financial highlights section, continued to maintain a healthy and stable financial position for the fiscal year ending March 31, 2021.

“The city continues to maintain a positive unassigned fund balance. Despite the challenges such as a slow property tax base growth and state mandates (i.e. the property tax cap), the city continues to diligently commit one-time surplus funds to fund balance reserves for future capital investments,” the report reads.

Achievements over the past year, per the report, include:

-- Strong assigned and unassigned fund balances in the general fund and strong balances in the water and sewer funds, along with “healthy” operations in general, water and sewer funds;

-- Committing surplus to reserve funds for one-time equipment purchases and infrastructure and facility improvements;

-- Implementation of fiscal policies such as a fund balance policy, investment policy, revised purchasing manual and monthly financial monitoring.

Tabelski: Move $761,000 to Reserve Funds

The city manager, in a memo to the city’s Audit Advisory Committee dated Aug. 25, writes that after the 2021 fiscal year, the city is in “a good position to increase the percentage of unassigned fund balance … to 15 percent of current year general fund expenses.”

She recommends transferring $711,000 in general fund balance to reserve funds and another $50,000 in the workers’ compensation fund to that fund’s reserves.  Even with these transfers, she said there will be about $2,527,600 left in unassigned fund balance.

Tabelski noted that the city’s capital plan calls for “multiple” expenditures over the next two to five years, including public works equipment, sidewalk replacement and facility improvements – “without negatively affecting the city’s financial position or tax rate.”

The recommended transfers are as follows:

• Police Reserve, $50,000, primarily to replace patrol and detective vehicles on an annual basis, with two vehicles to be replaced next year.
• DPW Equipment Reserve, $100,000, raising the fund to $437,225, with the goal to replace three dump trucks/plows, six sedans, four pickup trucks with plows and a one-ton dump truck by the end of 2025.
• Facilities Reserve, $136,000, considering work on multiple proposed projects, such as the new police station, improvements at the fire station, Bureau of Maintenance, City Centre and other buildings.
• Compensated Absences, $75,000, noting the city’s liability in this area is $1.94 million, with nearly $200,000 due within a year, and also that three pending retirements will affect the general fund by nearly $100,000.
• Parking Lot, $100,000, with an eye on repaving, by 2025, lots on Williams Street, Court Street Plaza and Bureau of Maintenance
• Health Care Fund Reserve, $250,000, to build back funds spent over the last two years. As of March 31, the fund had $10,155.47 in restricted reserves and $13,863.08 in assigned fund balance.
• Workers’ Compensation Fund Reserve, $50,000, with the goal of reaching $1 million in the fund’s restricted reserve. As of March 31, the WC fund had $580,424.34 of restricted reserves and $485,111.13 in assigned fund balance.

The Caledonia-Mumford/Byron-Bergen Red Raiders dominated on both sides of the ball this afternoon, blanking host Notre Dame, 36-0, in varsity football action.

Senior quarterback Kyle Wade and senior receiver Scott Essig led the way with Wade passing for three touchdowns – two of them in the first half to Essig, who also scored on an interception as the visitors led 22-0 at intermission.

Both teams are 1-1.

After stopping the Fighting Irish on a fourth down play at the ND 29, Cal-Mum/B-B took a 6-0 lead midway through the first quarter when Wade found Essig from 11 yards out. Senior running back Jacob Cappotelli ran it in for the two-point conversion.

The visitors went up 14-0 late in the quarter when Essig intercepted a pass in the end zone by ND quarterback Jimmy Fanara, who was chased out of the pocket and attempted to throw the ball away.

Cal-Mum/B-B scored again in the second quarter, this time on a 33-yard pass from Wade to Essig on a fourth-and-11 play, capping a 77-yard drive. Cappotelli’s run made it 22-0 at the half.

ND was held to just one first down in the opening half, that coming in the final minute.

In the second half, Wade tossed a 29-yard TD strike to tight end Mark Poles-Harrison in the third quarter – sophomore Anthony Leach tallied the two-point conversion – and junior David Bromsted scampered into the end zone from 17 yards out in the fourth period to round out the scoring. Bromsted also had an interception for the Red Raiders.

Cappotelli ran the ball 20 times for 97 yards and Wade’s three completions in five attempts all went for touchdowns. Cal-Mum/BB outgained Notre Dame, 221-89.

For the Irish, George Woodruff (19 tackles), Drew Edwards (18 tackles) and Vin DiRisio (13 tackles) were defensive stalwarts. Ryan Fitzpatrick came up with an interception on a pass that was deflected by DiRisio.

For the game, Cal-Mum/B-B had 16 first downs to Notre Dame’s three. Bryceton Berry’s 20-yard run in the fourth quarter was ND’s longest play of the day.

This morning’s 9/11 remembrance at the Veness-Strollo Post 1602 VFW grounds included speeches from Det. Sgt. Matt Lutey (at right in photo above) of the Batavia Police Department and Lt. Dave Green of the Batavia Fire Department – both of whom said the events of that tragic day prompted them to enlist or re-enlist, respectively, in the military.

Here are their speeches:

Det. Sgt. Matt Lutey

It truly is an honor to be here among fellow service men and women who have served and those who continue to serve, and I would just like to take a moment to say thanks for what you do.

I just came across an article the other day that compared the two biggest military recruitment surges as Pearl Harbor and 9/11. The unique aspect of this is that those who enlisted after these events knew what they were signing up for.

It wasn’t for free college tuition and it wasn’t for pay or any other benefit. It was to step forward and fight for our country. I was in high school when 9/11 happened.

I’ll never forget the events of that day. I’ll never forget how I felt. I will never forget driving around after school and seeing everyone putting up American flags.

I will never forget the pride I felt for our country after that tragic day. I will never forget the images of first responders running toward the World Trade Center towers to help people while the majority of people were running away.

I will never forget the images of the men and women in the armed forces bringing the fight to the enemy who had the audacity to attack us on our soil that day.

I will never forget coming home to my dad on the phone with an Army recruiter, only to be turned down because he was too old to join.

The events of 9/11 and our country responses shaped the better part of my life. I was one of many of the post-9/11 military recruitment surge as I enlisted in the U.S. Air Force after I graduated from high school in 2003.

I served six years as a TACP (Tactical Air Control Party Officer) calling in air strikes for my Army counterparts. I completed three tours in support of Operation Iraqi Freedom. After I was honorable discharged, I knew that I wanted to continue to serve but in a capacity that was more personal to me.

I was fortunate enough to join the Batavia Police Department where I have had the privilege of serving my community for the past 11 years. In no way do I share this story for personal accolades. I share it because I believe it our duty to educate the next generation about duty, service and sacrifice.

Lt. Dave Green

I had been discharged from the Army National Guard just a couple of years before that. I went to work that morning, met up with my partner on the ambulance, and we went to work – met up with the other ambulance crew for the day and had just gotten some breakfast at the hospital that morning.

It’s strange but I remember details of that morning but the rest of the day was a blur. After seeing the planes hit the towers and the other locations, and the continuous news reports, I can remember feeling helpless and feeling a need to do something.

In the hours that passed, we sat and watched our world change. I’m proud to say that the City of Batavia Fire Department stepped up and sent crews to New York City as soon as we were able. However, I was not in that response.

So, for me, there still a feeling I needed to do something. After a discussion with my wife, I decided to get back in the military in a reserve capacity. As time passed, I still felt the draw and eventually got my time to serve.

I eventually deployed on three separate occasions to the wars in Iraq and Afghanistan. The City of Batavia supported my efforts and allowed me to keep my medical coverage for my family while I was serving overseas.

I’m extremely grateful for the opportunity to serve my country and to be able to serve the community where I live. On this anniversary of this tragedy I’m drawn to a memory of one of my deployments, where a sign hung that said, “Today is September 12^th.”

For me that means a chance to help pick up the pieces; to show that we are stronger than that event. I’m proud to be a veteran, a firefighter and a member of this community.

“Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shatter steel, but they cannot dent the steel of American resolve.” – President George W. Bush.

As those words by a president seeking to calm a nation shocked by the events of Tuesday, Sept. 11, 2001, resound to this day, officials of VFW Veness-Strollo Post 1602 this morning conducted a moving and fitting tribute to the nearly 3,000 lives lost as a result of that horrific terrorist attack on American soil.

The Batavian, as a community service to those unable to attend today's remembrance event, is publishing the text of the speeches given by Assemblyman Steven Hawley, VFW member Max Sernoffsky (who acted as master of ceremonies), Post 1602 Junior Vice Commander John Woodworth Jr. and City Councilman-At-Large Robert Bialkowski.

Another story, featuring Batavia Police Det. Sgt. Matt Lutey and Batavia Fire Lt. Dave Green, will follow.

Assemblyman Steven Hawley

It’s hard to believe that it has been 20 years since the terrorist attacks of September 11^th, 2001. Most, if not all of us, remember exactly what we were doing that day … almost as if it were yesterday. Where we were; who we were with and how we felt. Watching the twin towers (of the World Trade Center in New York City) fall changed our lives and our nation forever.

As New Yorkers, we were all particularly affected by the attack close to our own homes. We are forever grateful to our first responders, many of whom still live with the physical and psychological effects of their service during that tragic time.

Their courage can not be understated. Thousands of firefighters, emergency medical technicians, and police officers rushed into danger at that scene to save others during the attack – and we will never forget the hundreds of responders who died so that others might live.

After the tragedy of the terrorist attacks of 9-11-01, a sense of unity spread throughout the entire country. American flags blossomed everywhere – on homes and on businesses. Bumper stickers and magnets declaring support for our military were a common sight on highways. And we came together to support those within our communities and beyond.

The American spirit of resilience was on full display, just as it was during our Revolution and during the World Wars. We must always remember that resiliency and never forget that regardless of our personal or political differences, we are united freely and equally as one people under our Constitution.

It is that commitment to our common ideals and the respect for one another that has empowered us to be as strong as we are. The events of the past few weeks have thrust us into a new period, and reminds us – home or abroad – the strength, bravery and skill of our military service members are what stand between freedom and tyranny.

The men and women who fought in Afghanistan should be welcomed home as heroes, and those we lost should be remembered and honored for all history. They fought bravely for a righteous cause. As soldiers return to their families, we must ensure they’re given every resource to make a successful transition back into life at home.

Most of all, they deserve our gratitude and respect.

Max Sernoffsky, VFW Post 1602 member

Three major questions have got my attention while planning this event: who, how and, most importantly, why.

Well, 911 has always been known as a sign of distress. If there is trouble, just call the number and you get help from first responders. So, the question of who. Who are we honoring? Definitely, first responders.

Sept. 11, 2001 was very different. This was a very vicious and malicious attack on all of America through which our World Trade Center and Pentagon were attacked. In essence, the heartbeat of America.

On this day all of America responded. America became proud, ready and united. On this day, we honor all Americans who made themselves ready for the call to protect our way of life.

The question of how? It has been said that how we should act is sad and somber. I totally agree what happened 20 years ago was anything but a celebration. Well, America did not die on that day. America came together. Angry and upset, maybe, but definitely united.

As one may say, let a sleeping dog lie, because after this tragedy America did become alive. Every patriotic American volunteered to support the cause of freedom.

The most important question is why? Why are we gathered here today? This is a remembrance event. Remember there are some out there that try to take our freedoms, rights and way of life from us … as American we must always be prepared to protect and defend as we did on that day.

Heroes on Flight 93 were the first to respond. They were American citizens who were very heroic. They stopped the terrorists from reaching their mark in an attempt to destroy America. To those brave American citizens, we just always remember and never forget. Let us honor them by doing what it takes to keep our country free.

Among us today, we have many veterans and first responders. We also have many citizens whose help was instrumental. Several are part of the many organizations that are here to serve. Why? Because they believe in what you're doing for our country.

To our young citizens, I realize you were too little or not even born when this tragic event took place. To you I realize that you are about to embark on a path – whatever you become – doctors, firemen, policemen or even a member of the armed forces. There will be times you feel alone along the way, alienated, tested or even overwhelmed.

Just remember … we always have your back. I encourage you all to stay around after the ceremony and engage first hand with our fellow veterans, supporting organizations and first responders. Ask the questions, gain knowledge, insight and wisdom from them.

(He also thanked the businesses who supported the ceremony).

Today, we remember our firefighters, police force, armed forces and citizens who all stepped forward when they first got the news. These people ran toward the danger – not away from it. Why? Because there were American citizens in those towers.

It is because of that bravery that many lives were saved. They did this knowing full well of the risk that they themselves may never make it back alive. I can’t say this enough. It is Americans like you that make me so proud to be an American.

Please God, always give me the same strength that they had to be ready to face danger and to never turn my back to it. Whenever I think of the many Americans selflessly doing their part, protecting our way of life, it just makes me so thankful and patriotic.

Why do Americans do this? It is because Americans are resilient. They do this because America is worth protecting. As long as we continue to have our brave young Americans protecting our way of life, we will forever be and always will be the greatest nation ever.

Councilmember-At-Large Robert Bialkowski

We certainly live in very troubled times. 20 years (ago), it seems like just an hour ago, the mainland of our country was attacked by our enemies. Please, let’s never, ever forget this day.

Four airliners were hijacked and used for these attacks of terror. American Airlines Flight 11 was crashed into the World Trade Center north tower at 8:46 a.m. United Airlines Flight 175 was crashed 17 minutes later into the south tower at 9:03 a.m. American Airlines Flight 77 was crashed into the west side of the Pentagon at 9:37 a.m. United Airlines Flight 93, heading for target White House or the Capitol building was overtaken by some very brave passengers and crashed in Shanksville, Pa., at 10:03 a.m.

Many of us have had friends, relatives and associates working in these buildings. I, personally, had a relative and other military people I knew that were working in the Pentagon at that time. By the grace of God, they escaped.

The aftermath of this attack was 2,977 fatalities. Over 25,000 people were also injured. Three hundred and forty firefighters and 72 law enforcement officers paid the ultimate sacrifice performing their heroic rescue attempts, and to this day there are thousands of people suffering health issues.

This was a major attack and it all occurred in minutes, and it was well laid out and well planned. These people – al-Qaeda, Taliban, ISIS and all the other terrorist groups – are our enemies and must be treated as such. They will never be our friends and we must never forget.

It’s an honor to be here today to recognize our local post 1602 and the entire VFW organization for all your unselfish work supporting all our veterans. Since your beginning in 1899 … that’s a long time to be providing services. You provide a home, and when I say home, I’m talking about a community – a community where all veterans are welcome with honor and dignity.

He then was joined by City Council President Eugene Jankowski Jr. in presenting a proclamation from the City of Batavia recognizing today as “911 Day of Remembrance in the City of Batavia” and encourage citizens to honor the lives of those lost to participation in community service and remembrance ceremonies on this day and throughout this year.

VFW Post 1602 Junior Vice Commander John Woodworth Jr.

I encourage our recruits to understand that the VFW and American Legion is our voice in Washington, D.C. We have to depend on each other, so I highly recommend that you join these organizations to support not just ourselves but our community as well.

My name is John Woodworth Jr. I'm a U.S. Air Force retiree and I continue to serve our great nation as of now, for 31 years.

I would like to speak about September 11th, 2001, as we commemorate the 20th anniversary of the events ... and remember all those who lost their lives on that tragic day. To me, September 11th has been the worst attack on the American people and the second worst attack on America’s resolve.

The first, as many may know already, is December 7th, 1941, at the Pearl Harbor Naval Stations. However, but instead of another country waging war on our nation using military force against military force, 19 Islamic extremists committed an unthinkable act of cowardliness against the American people and tested our resolve. These 19 terrorists hijacked four commercial airliners – American Airlines Flight 11, United Airlines Flight 175, American Airlines Flight 77 and United Airlines Flight 93.

They used them as weapons of mass destruction on American citizens and citizens from 77 different countries. These weren’t the only victims of 911. We lost 412 of America’s heroes, and I’m referring to our firefighters, police officers and medical personnel who answered the call and gave all save tens of thousands of lives during rescue operations at the World Trade Center.

Which leads me to the other heroes of September 11^th – Chief Master Sgt. Troy McIntosh from the Pentagon who rushed into flames three times to help evacuate wounded personnel and Master Sgt. Noel Sepulveda, a career medical technician, who pulled six injured people through windows and set up a triage in the parking lot. And finally, the passengers of Flight 93.

The passengers of Flight 93, after learning the intentions of their hijackers, established a plan to retake their aircraft from these assailants – transforming themselves from victims to heroes. Their sacrifice resulted in safeguarding an unknown number lives at the hijackers’ unknown target – cementing themselves as the first ones to fight terrorism on September 11^th, and in my eyes, the biggest heroes of the day.

The actions of our first responders and Flight 93 passengers inspired and strengthened America’s resolve.

I often wonder if Osama Bin Laden felt the same pressure as Japanese World War II Admiral Yamamoto by awakening a sleeping giant. Did Bin Laden recognize true might of America or did he misjudge America’s pursuit of peace as a weakness?

On Sept. 18, 2001, President Bush signed a bill to authorize use of military force. Then on Oct. 7, 2001, U.S. forces began air campaigns against the Taliban and al-Qaeda forces. For nearly 20 years, the U.S. armed forces kept the fight on enemy soil.

However, the war on terrorism isn’t truly over as we discovered on August 26^th, 2021, when 13 American service members lost their lives to a suicide bombing as the United States was withdrawing from Afghanistan to officially end the longest war in American history. (He then mentioned a display inside the VFW set up to honor those 13 service members).

My final words for September 11^th are this:

We should never forget the men, women and children whose lives were so tragically on the ground and in the air. We should never forget the sacrifice our first responders and the passengers of Flight 93. As Americans, we need to remain ever vigilant and continue to stand together to stand together against terrorism.

As Flight 93 passenger Todd Beamer quoted, “Let’s roll.”

Photos at bottom: U.S. Army personnel observing a moment of silence; Tom Cecere rings the bell at 8:46 a.m. to mark the first strike into the World Trade Center (other bell ringings took place at 9:03, 9:37 and 10:03); playing of taps as VFW honor guard stands at attention. Photos by Mike Pettinella.

Dean M. Conboy, Sr., is indicted on two counts of attempted aggravated assault upon a police officer, two counts of menacing a police officer, attempted assault in the second degree, unlawful imprisonment in the first degree, two counts of criminal possession of a weapon in the fourth degree, resisting arrest, and menacing in the second degree.  On June 11, 2021, Conboy allegedly threatened police officers and intended to cause serious injury to police officers using a dangerous instrument. He also allegedly restained another person and exposed that person to the risk of serious physical injury. He allegedly possessed a knife during these incidents.

Andrew C. Aldrow is indicted on counts of felony DWI, refusal to submit to a breath test, consumption of alcoholic beverages in a motor vehicle, and moving from lane unsafely. Aldrow was stopped on Feb. 26 in  the Town of Le Roy.

Stephen L. Hegel is indicted on two counts of grand larceny in the third degree and one count of grand larceny in the fourth degree. On Oct. 8, in the City of Batavia, Hegel allegedly stole property with more than $3,000.  On Oct. 22,  he allegedly stole property with a value of more than $1,000. On Oct. 14, he allegedly stole property valued at more than $3,000.

Destination: Corner of West Saile Drive and Call Parkway.

New York Bus Sales -- pending approvals by local planning boards and scheduling of a public hearing – will be putting into motion its plan to construct a 20,000-plus-square foot facility at what has become a “go-to” location in the Town of Batavia.

Following a 10-minute presentation by two company officials this afternoon, the Genesee County Economic Development Center board of directors accepted an application from Valiant Real Estate USA, Inc., which is working on behalf of the Chittenango-based business – the largest authorized Blue Bird school bus dealer in New York State.

“When we were looking at this, we looked at strategically planning it and Batavia was the spot that worked for us,” said John Johnston, company vice president. “It is centrally located between two of the major urban areas. Electric buses – that’s where they will be strong. It made more sense for us to put it here.”

Johnston and Comptroller Jeff Purdy said Blue Bird is “very big” into alternative fuels, with many of its fleet of buses powered by propane and an increasing number by electricity.

“One of the big things that we see coming, that Blue Bird sees coming is electric vehicles,” Johnston said. “They are on the forefront with some of the first electric school buses. They have over 500 of them in service currently and another 500 to be delivered by the end of the year.”

The Batavia location would replace a leased facility in Rochester, said Purdy, noting the Rochester shop is significantly smaller, and is landlocked with no room for expansion.

Johnston said they considered putting the facility in Buffalo “but that did not make sense; it made more sense to centrally locate it in Batavia.”

Chris Suozzi, GCEDC’s vice president of Business & Workforce Development, said he showed several sites – including Pembroke and Bergen -- to Johnston and Purdy.

“They settled on Batavia,” Suozzi said. “They said they wanted to be on Saile Drive, and I think it’s the last lot that they found.”

New York Bus Sales’ proposal is to construct the building to support the sales and parts needs as well as the service of school buses in Western New York. The company hopes to break ground this fall.

Johnston said his company will be able to maintain the vehicles of bus companies that service schools in Western New Work – businesses such as First Student, First Transit and Student Transportation of America.

“So, one of the things that we’re looking at is some of those operators don’t have repair facilities – they basically outsource it. So, we’re looking at the fact that we’ll actually bring them in and maintain some of those vehicles. We’re basically like a car dealer, but for school buses,” he said.

He noted that electric vehicles would be most useful to schools located in urban areas, and that’s another reason Batavia fits the bill,

“We’re talking the second- and third-largest urban areas, and (us) being centralized between them,” he said. “We think that’s the biggest window of opportunity for EV product to be out there.”

Breaking down the proposed Batavia facility’s layout, there will be approximately 12,000 square feet of repair area with 11 work bays; approximately 4,000 square feet for parts, and approximately 4,000 square feet of office space, and another 1,500 square feet for a meeting/training room to support school districts and school bus operators.

Johnston said New York Bus Sales supports the New York Association For Pupil Transportation, and the New York Head Mechanics Association For Safe Pupil Transportation, Inc.

“One of the things that they get into quite frequently is having a facility to train in,” he said. “We will have a training room in this facility to not only train mechanics for the school districts but also to support and back both of those organizations in this part of the state.”

They said the site will include 18 parking spaces for electric buses, more than 100 parking spaces for full size buses and more than 50 parking spaces for mini-buses, with six regular charging stations and two fast charging stations. LaBella Associates of Rochester has been hired to do the engineering and design work.

Purdy said the total capital investment is estimated at $4.5 million, and the project will create 24 additional full-time equivalent jobs paying $30,000 to $75,000 annually by year three.

New York Bus Sales is seeking $430,120 in tax abatements: $224,800 in sales tax exemptions, $45,000 in mortgage tax exemptions and $160,320 in property tax exemptions. A 10-year Payment in Lieu of Taxes Agreement also is part of the financial assistance proposal. GCEDC officials project that for every $1 of public benefit, the company is investing $50 into the local economy.

The company has eight locations across the state – main sites in Chittenango, Ravena, Middletown and (currently) Rochester, as well as service contract facilities at school districts in Greene, Whitney Point, Morris and Malone. It also has three on-the-road service technicians.

In other action, the GCEDC board gave its final approval of incentives to Liberty Pumps expansion in Bergen and accepted the application (with a public hearing to be scheduled) for J&R Fancher Property Holdings LLC’s mixed-use development project at Brick House Corners in the Town of Pembroke.

Photo at top: John Johnston, right, and Jeff Purdy present New York Bus Sales plan to build at the intersection of West Saile Drive and Call Parkway in the Town of Batavia. Photo at bottom: Site plan of the garage and numerous parking spaces for school transportation vehicles. Photos by Mike Pettinella.

Previously: GCEDC board to consider three projects at meeting on Thursday

With a large contingent of family and friends present in the court room, Colleen L. Nelson, 50, of Alabama was sentenced to a determinate sentence of 3 1/2 years in state prison and 5 years post release supervision during her sentencing on Wednesday afternoon in Genesee County Court. The maximum sentence Nelson could have received was 7 1/2 years.

Nelson stabbed a male co-worker during an attack at a candy production facility on S. Main street in Elba on July 29, 2020. Nelson came up behind her co-worker and started stabbing him with a large knife. The 59-year-old victim suffered non-life-threatening injuries in the incident.

Nelson pleaded guilty to attempted assault first degree, a class C felony, in July, waiving her right to a defense of mental defect. She has been confined to the Wyoming County Jail since her arrest last July. She has served over 400 days up until sentencing today. She was originally facing an attempted murder charge where she could have been sentenced to 25 years in prison.

According to District Attorney Larry Friedman, Nelson had declined psychiatric services previous to this incident and cancelled her appointment.

“She committed a very violent crime, she says she didn’t mean to injure her co-worker, its luck he was not injured more seriously,” says Friedman.

Nelson’s attorney, Greg Colavecchia told the court that his client is remorseful and is being responsible.

“No one is here to minimize the effect this crime has had on the victim,” says Colavecchia.

Colavecchia says his client has never been in trouble before, she is happily married with two adult sons and she is missing her family.

“The victim says the why is bothersome, we will never know the answer to that. It is self-evident in reports that my client was distant and had a medical issue, but this does not minimize the incident.”

Before Judge Zambito imposed his sentence, Nelson told the court how deeply sorry she was.

“I hope he(the victim) can recover from this terrible incident; this is not my normal character. I know God was there that day looking over both of us, I hope that you can forgive me,” Nelson said.

The victim was able to view the sentencing today virtually, but was not allowed to record the court proceeding or speak. According to Judge Zambito, the victim did not feel comfortable being in the court room with Nelson present. District Attorney Larry Friedman says the victim is suffering emotionally after the incident.

Acknowledging Nelson’s time in jail since the incident last year, Zambito felt that Nelson was showing an acceptance of responsibility, along with paying restitution.

“This didn’t have to happen,” said Judge Zambito. “The victim was in the wrong spot at the wrong time. You intended to harm him; this was no accident.”

Zambito told Nelson her suffering from untreated psychiatric issues played a role in the incident.

“Today you may be fine, but if you don’t address the mental health issues this will happen again. Seven 1/2 years won’t guarantee that this won’t happen again.”

An order of protection was served and will remain in effect until September 2033.

Nelson also paid restitution in the amount of $2,698.14 to the victim.

Although the process to drafting a 2022 budget has just begun, Genesee County Manager Matt Landers is predicting a modest decrease in the property tax rate.

Speaking after Wednesday’s Genesee County Legislature meeting (and the first of several legislative budget workshops), Landers said he could see a 30- to 40-cent reduction in the rate, which was set at $9.80 per $1,000 of assessed value in 2021.

The county’s fiscal year runs from Jan. 1 through Dec. 31.

“Our discussion today focused on a schedule to adopt the budget, a (New York State) tax cap review and outside agency funding, and legislators were unanimous that they are not going to override the tax cap,” Landers said. “We also plan on flat funding (of outside agencies); there are no planned cuts.”

He said the tax rate hinges upon two key factors: “quantity change” (the growth that the state allows for new construction) and “allowable growth” (the lower of the 2 percent tax cap or inflation). For 2022, the tax cap is much less than the rate of inflation.

Landers said the amount to be raised by taxes – the tax levy – may increase by up to the cap number of 2.16 percent, but even with that, the tax rate will drop due to the increase in property assessments.

“The assessed valuation is still in flux,” he offered. “While that amount is based on the roll as of July 1^st, it may come down due to court challenges and corrections. Still, I foresee the tax rate somewhere around 30 to 40 cents less (than 2021).”

For 2021, the county adopted an All Funds budget of $143,204,679, with $31,451,727 of that from property taxes – an increase of $400,069 from 2020.

Landers reported that first- and second-quarter sales tax revenues this year are up by about 10 percent from the same period in 2020, but that’s not a fair comparison since the first six months of last year were negatively impacted by the COVID-19 pandemic. Sales tax this year is up slightly from the 2019 corresponding figures as well, he said.

On another matter, Landers said the county has started a monthly employee recognition program, honoring those who have “gone above and beyond” on its Facebook page. The initial selections are Rachel Mieney, Mental Health clinic supervisor; Vicki Athoe, Probation principal clerk, and Chelsea Elliott, Youth Bureau program coordinator.

In other developments, the legislature:

-- Extended a Local Law pertaining to hotel/motel room occupancy tax for three months through the end of the year, with no changes, to provide more time to consider subjecting short-stay lodging places, such as Airbnb and Vrbo sites, to a bed tax. Landers said the matter will be addressed early in 2022.

-- Approved eliminating a full-time Registered Nurse position and creating a part-time RN position to allow the continued employment for a Mental Health Continuing Day Treatment program nurse who has indicated she can no longer work on a full-time basis. This enables the department to cover critical nursing hours for continuity of care as it restructures its schedule.

-- Approved the creation of a full-time public health educator, full-time epidemiologist, and full-time senior financial clerk through September 2026 to be funded by a $248,226 grant from the Center for Disease Control for childhood lead poisoning prevention and surveillance of blood lead levels grant activities. 

-- Approved acceptance of $342,558 from the state Department of Health for additional COVID-19 contact tracing, overtime and supplies, with the funds to be allocated in the 2022 & 2023 budgets. Funding will be used to offset costs of COVID-19 response activities, all other COVID-19 costs over $342,558 will be partially (36 percent) offset by state aid.

-- Approved using DeWitt Park on Cedar Street to host the Batavia Kiwanis Club’s chicken barbeque fundraiser on Sept. 25. Proceeds will go toward the purchase of books by local libraries.

Previously: Future early voting location weighs heavily on minds of county election commissioners.

Note: The resolutions indicated in this story also were approved on Wednesday by the full legislature).

Photo: Genesee County Legislature Chair Rochelle Stein, left, swears in Lisa Casey to her new position as Clerk of the Legislature as Casey's mother, Sandra Casey, proudly looks on. Casey's sister and brother-in-law, Rita and Joe Pencille, also attended the ceremony on Wednesday afternoon. Photo by Mike Pettinella.

VFW Veness-Strollo Post 1602 is planning a solemn ceremony in remembrance of those lost on Sept. 11, 2001 – 9/11 – beginning at 8 a.m. this Saturday at the facility’s grounds at 25 Edward St.

Post Junior Vice Commander John Woodworth said the event will be marked by a variety of tributes, including:

• Speeches by Assemblyman Steven Hawley, Batavia City Council member Robert Bialkowski, representatives of Batavia’s police and fire departments and Woodworth;
• Bell ringing followed by moments of silence corresponding to key times of the terrorist attack on that fateful morning (8:46, 9:03, 9:37 and 10:03);
• A 21-gun salute around 10:30 a.m. commemorating the fall of the last tower of the World Trade Center;
• An “Echo Taps” salute performed by two buglers.

The ceremony will commence with a meet-and-greet with free coffee and donuts at 8 o’clock, with Hawley delivering his address at 8:30.

Following the observance, a jamboree is scheduled from 11 a.m. to 4 p.m. with live music by Bill Pitcher, Julia Morales Jr., Front Porch Pickers and Old State Roadhouse. Pizza will be provided.

An information fair with representatives from various veterans’ services organizations is set for 10 a.m. to 2 p.m. Those include the Genesee County Veterans Service Agency, WNY Heroes, Inc., Department of Veterans Affairs, Blue Star Mothers of America, Inc. and the Veterans Outreach Center at the VA Medical Center.

In Le Roy, American Legion Botts-Fiorito Post 576 at 53 West Main St. will observe a moment of silence in memory of 9/11 during its special dinner event from 2-6 p.m. Saturday. Steamed corn, sausage and salt potato dinners will be available for purchase for $12.

The Sept. 11, 2001 attacks on U.S. soil (New York City, the Pentagon and plane crash in Pennsylvania) by the militant Islamic terrorist group al-Qaeda resulted in the deaths of 2,996 people (2,977 victims plus 19 al-Qaeda terrorists) and injuries to an estimated 25,000 more.

It remains the deadliest terrorist attack in human history and the single deadliest incident for firefighters and law enforcement officers in the history of the U.S., with 340 and 72 killed, respectively.

The Buffalo Bills, based on two playoff victories last season and a franchise quarterback in Josh Allen, are on the short list of teams favored to make it to Super Bowl LVI. Expectations are high as the franchise has clawed its way back to being one of the National Football League’s elite teams.

One of their longtime fans, Robert “Bob” Neeley of Warsaw – motivated to a large degree by his passion for the team – is fighting his way back from two total knee replacement surgeries that utilized Robotic Surgical Assistant technology at United Memorial Medical Center.

Neeley, a 30-year employee of the Wyoming County village’s Department of Public Works, already has exceeded the expectations of his surgeon and physical therapists as he has received clearance to attend the Bills’ season opener this Sunday.

The Bills kick off their schedule with a 1 p.m. contest against the Pittsburgh Steelers at Highmark Stadium in Orchard Park.

“That’s been my big goal – to go to the Bills’ game this coming Sunday,” Neeley, a season ticket-holder since 2001, said during a Zoom call this afternoon with his surgeon, Dr. Nicholas Loffredo, chief of Orthopaedics at United Memorial Medical Center in Batavia.

“I’m glad that I got both knees done and that I can actually do it. It’s going to be exciting with all the fans and that I’m going to be there. It’s going to be great because my cousins have been looking forward to me going, too.”

Neeley, a 1982 Warsaw Central graduate, has been a Bills’ fan since the mid-1980’s – “I cheered for them at Ralph Wilson Stadium (as it was called then) and cried during the Super Bowls,” he said.

He said that prior to COVID-19 that he and his three cousins went to all the games since purchasing season tickets 20 years ago.  That tradition seemed to be in jeopardy this year due to the condition of Neeley’s knees.

“I had a tremendous amount of pain in both knees … and have been off work since November 2020,” Neeley said. “I got out of the dump truck and it twisted and swelled up. There was no way that I could keep working.”

He said that the pandemic and other factors resulted in surgery being cancelled three times. The plan was to have the left knee done after the first of the year (2020) but when Neeley’s wife, Susan, was stricken with cancer, it was postponed.

Susan, Neeley’s wife of almost 32 years, passed away in April 2020, leaving a heartbroken husband and daughter.

Neeley had the left knee replaced by Dr. Matthew Landfried in early March and had the right knee replaced on Aug. 2 – just five weeks ago – by Dr. Loffredo.

Since then, Neeley has been working extra hard to reach his goals of attending the game and returning to work.

“I feel that my wife is pushing me to do it; to keep going,” he said, fighting back the tears.

“I’ve been doing everything they say and the therapist has been making me work, and I’m doing what I am supposed to at home on my exercises,” he said. “(I) go to therapy twice a week and everything is going really good.”

Dr. Loffredo called Neeley an “ideal patient,” adding, “You give him an objective, and he’s going to get there.”

“You couldn’t ask for a better patient to work on because he’s very motivated … That’s what it is after a knee replacement … it’s doing the exercises and then you get an excellent result.”

The doctor explained that the use of robotics leads to consistent outcomes in terms of balancing the knee.

“The added benefits of the robot is that you get some numbers, whereas before it was more of a feel or an art to what we call soft tissue balancing,” he said. “So, during surgery … (with a) traditional knee replacement, it’s the surgeon feeling how is this knee balanced, side to side. You know it bends, like a hinge, but side to side how is the soft tissue balance?”

Dr. Loffredo said the robot provides data while the surgeon is “gapping” the knee.

“As opposed to with the robot, you literally get feedback while you’re gapping it – you’re two millimeters gapped on the inner, you’re one millimeter gapped on the outer side. So, we’ll make these cuts just so. We’ll release ligaments slightly to gap balance it. It gives you numbers whereas before it was more of a feel or an art. Now, you can quantify it and it makes it more reproducible.

“There’s good evidence that shows patients have a more reproducible result and there’s less revisions and basically better patient satisfaction and hopefully a fast recovery.”

Dr. Loffredo said he’s glad that UMMC is able to offer “that cutting edge service.”

“I believe that the robot is an additional tool to use in the OR (operating room) that in my hands helps to create a reproducible joint replacement, where we’re having a straight knee and a balanced knee each and every time,” he said.

Neeley said he couldn’t be happier in how things are turning out for him, and hopes the Bills can equal or better their performance of last season.

“I don’t know if they will beat out what they did last year; they did so well,” he said. “It’s going to be real tough … but they’ve got a good defense.”

And, the offense is led by a Pro Bowl signal caller.

Photo at top: Warsaw resident Bob Neeley giving his all in physical therapy to bounce back from two knee replacement surgeries. Photo at bottom: Neeley and Dr. Nicholas Loffredo. Photos submitted by United Memorial Medical Center.

It looks as though the Village of Corfu will be the home of two more eating places before the end of the year.

The agenda of Thursday night’s Genesee County Planning Board meeting includes site plan reviews for a pizzeria at 12 East Main St. and a restaurant/bistro/ice cream shop at 47-49 West Main St.

The meeting is scheduled for 7 o’clock at County Building 2, 3837 West Main St. Rd.

According to documents submitted to Planning Director Felipe Oltramari:

• Corfu Mayor Tom Sargent and Darien Town Council Member David Krzemien are teaming up to operate Home Slice 33 Pizzeria in an existing building in the village’s Commercial district.

It will be housed on the first floor, providing enough space for 18 to 20 customers and also will offer takeout and delivery. Menu offerings include pizza, wings, subs and fryer foods.

After about $15,000 in remodeling, the business will employ seven to 10 people.

Planning department recommendation, approval with the modification that any signage complies with the Village's zoning regulations. With this required modification, the proposed restaurant should pose no significant county-wide or inter-community impact.

• Akron resident Randy Hesior is looking to open Randy Joe’s Bistro by converting an empty building on a 7.2-acre parcel in the Neighborhood Business district into a “warm, welcoming bistro that will serve a variety of foods” – including ice cream.

He, too, after putting in about $15,000 in improvements, will employ eight to 16 people while operating the restaurant, which also will be able to cater small events and host company parties.

Planning department recommendation, approval with the modifications that the applicant obtains a driveway permit from NYS DOT for the change of use prior to approval by the Village Planning Board; installs on-site lighting so as to not shine directly onto neighboring properties or cause a hazard for motorists, and erects signage that complies with the village's zoning regulations.

Darien Mandates SUP for Airbnb Homes

Also, on the agenda are special use permit requests from three existing Airbnb bed and breakfast/tourist residences that have been in operation for quite some time in the Town of Darien.

The homes are Eliza Brooke Farmstead at 2407 Broadway Rd., Happy Harry’s Country Home at 11095 Warner Rd. and Fix Family Country Oasis at 938 Sumner Rd.

Town of Darien Zoning Law requires a special use permit for all short term rentals defined as bed and breakfast/tourist homes (also known as Airbnb or VRBO rentals or listed privately): a one-family dwelling (not necessarily owner-occupied) in which overnight accommodation is provided for not more than eight transient people for profit and may include serving breakfast.

Upon issuance of the SUP, the town’s code enforcement officer will conduct a fire inspection initially and at three year intervals, with an operating permit to be issued upon each fire inspection.

Genesee County Mental Health, in observance of Suicide Prevention Awareness Month in September, is inviting community members and healthcare providers to participate in a Rural Listening Tour on Sept. 30 and Oct. 1 to learn more about the rural environment factors that may contribute to mental health concerns and the increased risk of suicide.

Coordinated by the University of Albany’s School of Public Health,    the listening tours will consist of two 90-minute forums in four rural New York counties. One forum will include community members at-large (Sept. 30) and the other will consist of community providers/stakeholders (Oct. 1).

“Each county setting has its own unique aspects and cultural norms that can influence people’s mental wellness,” said Lynda Battaglia, Genesee’s director of Mental Health & Community Services. “We expect that our participation in these Listening Tour forums will generate valuable information that will enable us to better serve our residents.”

Battaglia advised that the purpose of the program is to gain insight on the following questions:

• What are the main factors that contribute to increased risk of suicide in rural New York? What factors contribute to positive mental health and wellbeing?

• How do community members seek help for behavioral health concerns, and what factors influence these help-seeking preferences?

• How can rural communities – individually and as a whole – improve availability, awareness, access, and utilization of mental health services and resources?

At the conclusion of the project, each county will receive a presentation (in-person or virtual) and written summary of the results and recommendations coming out of their forums, Battaglia said.

Furthermore, information gained across all eight forums conducted in the four counties will also be aggregated to develop an overall set of recommendations to present to the Rural Suicide Prevention Workgroup and to the New York State Suicide Prevention Council.

“Ultimately, the listening tour protocol will be refined and disseminated statewide so that all counties will have the tools to conduct their own forums in the future,” she added.

The forums, which will be confidential in a Virtual private group setting, are scheduled as follows:

Sept. 30, 4:30 p.m., for Genesee County residents (no other requirements are necessary).

Oct. 1, 1 p.m., for community providers/stakeholders (requirements are that participants must be service providers/stakeholders who provide services to Genesee County. This could include school personal, law enforcement, emergency management services, religious establishments, etc.).

Those interested in participating are asked to contact Brenda Reeves at 585-344-1421, ext. 6681, or at brenda.reeves@co.genesee.ny.us. The deadline to respond is Sept. 27. A Zoom link will be provided upon registration.

Michael Robbins, 61, of Batavia, is charged with burglary 3rd and grand larceny 4th. Robbins is accused of entering a building and stealing various items in the early morning of Aug. 1.  He was arraigned in City Court and ordered held in jail.

Ray S. Saile, 19, of Judge Road, Alabama, is charged with criminal contempt 2nd. While on duty at Labor Daze, deputies were asked to assist the Oakfield Fire Department with an incident involving Saile and his girlfriend. Saile allegedly violated an order of protection by being with his girlfriend.  He was arrested and released on an appearance ticket.

Steven Stuart Johnson, 57, of South Lake Avenue, Bergen, is charged with criminal possession of a weapon 3rd, criminal possession of a controlled substance 7th, DWI/Drugs, and headlight out. Johnson was stopped at 3:15 a.m., Sept. 2, on South Lake Avenue, by Deputy Jacob Gauthier for an alleged traffic violation.  During a search of Johnson, he was allegedly found in possession of cocaine.  The vehicle was inventoried prior to being towed and deputies reportedly found brass knuckles in the center console. Johnson was issued an appearance ticket.

Adam Altobelli, 40, of East Rochester, was arrested on a warrant for alleged failure to appear. He was arraigned in City Court and released under supervision of Genesee Justice.

Travon Armstrong, 36, of Batavia, is charged with petit larceny. Armstrong is accused of stealing a bicycle.  He was issued an appearance ticket.

Destiny Green, 25, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Green allegedly stole an item from a protected party's residence. Green was reportedly found inside the residence. Green was arraigned in City Court and released under supervision of Genesee Justice.

Amanda Havens, 39, no permanent address, is charged with endangering the welfare of a child. Havens is accused of leaving two children under age seven unsupervised leading to the children roaming the streets without supervision. The children were found by patrols near a local business at 3:30 a.m., Aug. 17.  Officers could not contact Havens until she turned herself in later that day.  She was arraigned in City Court and released on her own recognizance.

Jadeyn Goras, 18, of Batavia, is charged with criminal mischief 4th. Goras is accused of throwing a rock through the rear window of a vehicle park in the driveway of a residence in the City of Batavia.  He is also accused of throwing a stone from a garden and throwing it through a window of a door leading into the residence.

David Klotzbach, 41, of Batavia, is charged with dog running at large.  Klotzbach's dog was allegedly running at large at 8:10 a.m., Aug. 27.  He was issued an appearance ticket.

Robert Goodwill, 28, of Batavia, is charged with DWAI/alcohol. Goodwill was reportedly found driving erratically from South Main Street Road to UMMC.  Goodwill was issued traffic tickets and released.

Nicholas Kingdollar, 25, and Kayleen Laird, 25, both of Batavia, are charged with endangering the welfare of a child. Kingdollar and Laird allegedly failed to provide adequate supervision of a child at a residence on Jackson Street, Batavia, the evening of Aug. 30.  The child was reportedly able to climb out a second-story window and onto the roof.

An unidentified 18-year-old from Batavia is charged with three counts of petit larceny. The youth was arrested by State Police at 9:25 a.m., Sunday.

 

It started last weekend, Assemblyman Steve Hawley says he was out mowing his lawn when he noticed his flag, which was at half-mast in honor of those who lost their lives in Afghanistan, was missing. Hawley says the flag was stolen sometime last Saturday, Aug. 28.

On his Facebook page, Hawley asked for his flag's return. "Please return it, no questions asked. This is a time for respecting our country and what it stands for," Hawley wrote.

Since then, Hawley says a neighbor from down the road replaced his flag with a new one, also installing a light to the display. 

However, on Saturday morning State Police were called to another residence in the 8000 block of Bank Street Road in the Town of Batavia for another flag theft. The homeowner there said his flag was stolen sometime between 9:30 Friday evening and 6:30 a.m. on Saturday. His flag was also displayed on a pole. 

Hawley said his replacement flag was also stolen in the overnight hours, Sep. 3 into Sep. 4.

State Police are now investigating the incidents and have a few leads. The City of Batavia Police have also looked into several complaints in the area recently.

Anyone with information on the flag thefts can call NYS Police Troop A at (585) 344-6200.  

Longtime Batavia area residents surely remember George’s Dairy, the welcoming store run by the farm family on the west side of Route 98, just past the Thruway bridge heading north out of the city.

The dairy, known for its delicious chocolate milk and specialty fruit drinks, was a destination back in the 1960s and ‘70s – a lone business surrounded by acres and acres of farmland.

Fifty years later, streets called Federal Drive, Commerce Drive and Call Parkway – filled with hotels and commercial/industrial enterprises in developments known as “corporate parks” – greet motorists traveling over that same Thruway bridge toward Saile Drive, which also has become a hot spot for new business ventures.

“What we have seen and continue to see in that part of the town is the result of the efforts of several true visionaries, people such as the Call family, George Forsyth, Torchy Babcock and Carl Scott – visionaries who paved the way at great sacrifice to their political land personal careers,” Batavia Town Supervisor Gregory Post said.

Post credited governmental officials for “getting everyone into the room” – farmers, businessmen, politicians, engineers, architects, real estate brokers and industrial development agency staff – to install the infrastructure necessary to make that area a viable alternative for entrepreneurs.

“Infrastructure is the key,” said Post, a forward-thinking administrator in his own right. “Getting public water and sewer, and don't discount the fact that sales tax in Genesee County is (or was) less than in Monroe and Erie.” (Post was referring to sales tax rates at early stages of development).

‘GATEWAY’ TO ECONOMIC GROWTH

This has enabled the Genesee County Economic Development Center to establish the Gateway I Corporate Park (Federal and Commerce Drive) and Gateway II Corporate Park (Call Parkway) off of Route 98, and to help facilitate the buildup of West and East Saile Drive, which is anchored by the Milton CAT (Caterpillar heavy equipment) facility.

Steve Hyde, GCEDC president and chief executive officer, said he realized when he started at the agency in 2002 that there would be a demand for commercial bases between Western New York’s two large cities.

“From my first days at the GCEDC, we knew that there was demand for more capacity for these industries and for larger consolidated operations centers serving Buffalo and Rochester that could support enhanced jobs and investment,” Hyde said. “There were already signs that the market was responding at Gateway I Corporate Park. We had to be ready for more.”

Hyde said that after two decades of working with municipal partners and landowners on projects, “that demand has turned into successful results.”

“Both of Genesee County's business parks are fully activated. The businesses and careers that started this momentum have thrived, and more construction is on the way,” he said.

“And it’s incredible to see our heartland industries like the ag and construction equipment and logistics and transportation growing hand-in-hand with our shovel-ready sites north of the Thruway, and all along Saile Drive.”

A FLURRY OF DEVELOPMENT

Close to two dozen businesses are located at the two corporate parks and along Saile Drive.

Gateway I, which broke ground about 20 years ago, is sold out.

Businesses there include Farm Credit East (pictured below), (formerly) Aluydne (pictured below), Fairfield Hotel, Mondelez, Traco Manufacturing, Mega Properties (Koolatron, Exide Technologies, Auto Plus Auto Parts), Jasper Engines & Transmissions, Holiday Inn, Hampton Inn and Fairbridge Inn. The 147,000-square foot Aluyde building is currently listed by Pyramid Brokerage.

Gateway II (Call Parkway) features Ashley Furniture, Mega Properties and Gateway GS LLC, the latter being a five-building project of Gallina Development Corp. of Rochester (pictured below). The Mercy Flight EMS Genesee base just off Route 98 is adjacent to the park.

Moving to Saile Drive, you’ll find Alta Equipment Company/Vantage Equipment (pictured below), SCP Distributors, Monroe Tractor, Freightliner & Western Star of Batavia, Milton CAT (pictured below) and L&M Specialty Fabrication, which is close to Bank Street Road (pictured below).

LandPro Equipment, Valiant Real Estate USA (New York Bus Sales) reportedly will be building on Saile Drive, while Rochester Regional Health is preparing to construct a four-story office building on Route 98, across from Federal Drive and near Call Parkway.

“What we’re seeing now is that the whole area is erupting with activity,” said Chris Suozzi, GCEDC’s vice president of business and workforce development. “The Gallina project is indicative of what is happening.”

GALLINA’S BIG PROJECT IS UNDERWAY

Suozzi said Gallina’s plan is to erect five 27,000-square foot buildings. One is complete and the second one is under construction.

“Everything has grown organically as our industrial parks were kind of the anchor tenants, if you will, in the beginning,” he said. “Organically, because of it being zoned Industrial out there, we’re seeing this tremendous impact over a course of time.”

GCEDC Marketing Director Jim Krencik mentioned the need for modern, office warehousing, calling it “flex space.”

“That’s what Gallina is doing,” he said. “They have 20 acres in total, and will sell four acres every time they complete one of the buildings. Then they will take ownership of the buildings from the GCEDC, which owns the property."

Krencik said Gallina’s investment is around $2 million for each building.

“When you look out across the country, including the Buffalo and Rochester markets, there isn’t a large amount of really good, modern usable facilities,” he added.

Suozzi said the reason for that is that the “industrial vacancy rate is really low.”

“A lot of the existing inventory of buildings – you get your commercial and industrial real estate folks .... there’s not inventory available. The market is demanding that you have flex space or spec space so that the capacity is there when somebody really wants a product,” he offered.

He said the first Gallina building was built on speculation, recognizing that it would fill over time.

“The first (Gallina) building went up without a tenant,” he said. “Now, they’ve subdivided into thirds and there are three tenants in there.”

Buildings two through five are being constructed with tenants already lined up, he advised.

PRIVATE OWNERS MAKING DEALS

Tony Mancuso, longtime real estate broker for Mancuso Commercial Realty, said he has represented numerous landowners at Gateway I, Gateway II and Saile Drive as well as selling the parcel where the Federal Detention Facility is located and most of the parcels on Veterans Memorial Drive to the southwest.

“There’s not a lot of land left in those areas, actually,” he said, although he did say he is representing owners of about 10 vacant acres on Saile Drive.

Mancuso said developers will be looking to areas beyond the corporate parks, likely on land further west of Route 98.

Krencik said Saile Drive has intensified over the past decade, becoming a huge corridor for logistics as well as heavy equipment manufacturing, servicing and production that feeds into agriculture and transportation.

“We have our own park, but you really see the spillover and multiplier effect happening all the way down that street from Route 98 to Bank Street Road,” he said. “We’re taking about projects that have invested over $50 million in facilities they built or are planning to build on 500,000 square feet between those two areas and creating several hundred jobs.”

REAL ESTATE BROKER ‘NOT SURPRISED’

He called Saile Drive “almost a secret industrial park” with companies serving the need for big equipment, such as Milton CAT – “like-minded businesses all having the same vision and locating within a short distance of each other.”

Suozzi said GCEDC was the catalyst of this activity, but now “you’re seeing other people that own land along Saile Drive, that once the infrastructure was put in … you’re seeing local commercial/industrial realtors like Tony Mancuso, Rick Mancuso and Russ Romano who are selling property for individual owners along Saile Drive.”

Rick Mancuso, managing partner of Mancuso Real Estate, said he has represented property owners on Saile Drive, closing on several sales, including L&M Specialty Fabrication.

A business owner for many years, he said he could see this influx of development coming.

“I think that area is just beginning to take off right now. The close proximity of the (Genesee County) Airport and the Thruway make that property a real viable area for development,” he said.

“When land became scarce, the farmland started being sold and bought up at rates that even surprised the real estate brokers. It doesn’t surprise me, though, especially with our location between Buffalo and Rochester.”

Photos by Mike Pettinella.

Property owners in the Batavia City School District -- still trying to come to grips with hefty increases in their assessments earlier this year – can take some solace with news that the school tax rate for 2021-22 is decreasing by almost 10 percent.

Scott Rozanski, Batavia schools’ business administrator, today informed The Batavian that the tax rate for the coming school year has been set at $19.23 per thousand of assessed value – down $2.10, or 9.84 percent, from the 2020-21 rate of $21.33.

On Thursday, the Batavia CSD board of education voted to accept the tax warrant and rate determination.

Rozanski also pointed out that the tax rate in 2020-21 was about 1 percent less than the 2019-20 figure.

“That’s two years of no direct impact (on taxes) from the school,” he said.

He did, however, acknowledge the change in assessments, indicating the average increase was 10.85 percent.

“We don’t control property values, nor the equalization rate which are both used to calculate the tax rate and can fluctuate each year,” he reported.

He said the district did realize about $750,000 more of a surplus from the previous year “so we added that to the refund back to the taxpayers.”

“With all of the federal stimulus funds, we were assisted on the revenue side,” Rozanski said, noting that the district received $2.4 million for COVID relief this year. “Without that, we would have had to make more cuts or (without cutting any positions) increase the levy by about 12 percent.”

Going forward, he said it’s a bit premature to project, but doesn’t think it will be “a concern in the near future.”

The district budget for 2021-22 is $52,096,661, Rozanski said. Its fund balance currently is at the maximum 4 percent, or about $2.1 million.

Update, 11 p.m.

Alice Ann Benedict, Batavia City School District Board of Education president, explained that the "confidential search" for a permanent superintendent means that the board is not advertising for candidates.

"We have qualified candidates we will be interviewing," she said. "Candidates who have expressed interest in the position."

She said there will be an opportunity for the district and community to express the requirements they would like to see in a superintendent.

"The Board would never consider hiring a superintendent without input from all stakeholders," she added.

---------------------

Around three dozen Batavia City School District students have signed up for “virtual learning” in 2021-22, the district’s interim superintendent reported to the board of education Thursday night.

Scott Bischoping said that Genesee Valley BOCES will be providing remote learning for students in grades six through 12 while the Livonia Central School District will do the same for pupils in kindergarten through fifth grade.

Bischoping, noting that the current number of students opting for remote learning for all grade levels is 35 to 40, said “that fluctuates because our counselors are working with families, and we want to make sure we vet their decision to make sure they fully understand what is going to happen, how it’s going to happen …”

He said teachers at both locations are working to get the process set up by the start of school next week.

Genesee Valley BOCES and Livonia will provide Chromebooks to their respective students, Bischoping said, adding that the yearly cost per student will be around $8,500 for grades six through 12 and $6,000 for kindergarten through fifth grade.

Bischoping said that federal funds for COVID-19 will be used to pay for this service.

“We’re using – indirectly or directly – funds from the federal government for catching up to pay for that and it will not impact our regular budget,” he said. “It makes a lot of sense for us to use funds for those families who want their kids home because of those health reasons.”

In a brief update of the school’s reopening plan, Bischoping said most of the protocols and guidelines are the same as last school year, predicting there shouldn’t be any issues of “things are going OK.”

No one from the public spoke during a two-minute public hearing.

Bischoping said the reopening plan is on the district website, where public comments can be posted.

Batavia City School District Return to School Guidelines | Batavia City School District (bataviacsd.org)

On the wearing of face coverings, Bischoping said not much has changed other than some loosening of restrictions concerning chorus and band.

Unvaccinated teachers and staff, per a New York State Department of Health mandate, will have to submit to COVID testing on a weekly basis, he said. Those who want to opt out of testing will have to prove they have been vaccinated by contacting the school nurse.

He said that rapid tests will be on hand.

“We’re not going to ask people whether or not they have been vaccinated. We’re going to ask them to report their status to the nurse if they’d like to get out of the testing,” he explained.

Board President Alice Ann Benedict asked about the busing situation.

Business Administrator Scott Rozanski said that in light of a national shortage of bus drivers, the district is planning to combine students from John Kennedy Intermediate and Jackson Primary onto one bus and students from Batavia High School and Batavia Middle School onto one bus.

“In the past, each school had their own buses,” he said. “We have limited drivers … and that’s the best option that we can do at this point in time.”

Benedict also asked about school cleaning schedules, with Bischoping replying that cleaning will take place regularly but without “the same hyper-vigilance about contact as we did before because we realize that isn’t the transmitter or carrier of the virus that we had worries about last year.”

“Certainly, personal hygiene, student hygiene and hand washing … and us making sure that we do clean things on a regular basis, that hasn’t changed.”

In other developments, the board:

• Heard from Benedict that Kevin MacDonald, district superintendent of Genesee Valley BOCES, who is acting as the consultant in the search for a permanent superintendent, has requested to attend the next board meeting, scheduled for Sept. 16.

Benedict said the board is learning toward conducting interviews outside of Batavia, possibly at the Le Roy BOCES building. She said they will be looking to set up dates for the interviews and encouraged board members to make themselves available.

Bischoping suggested the board send information about what is being called “a confidential search” to the staff and teachers so they are informed of the process.

An email to Benedict seeking comment on the search process was not returned at the time of the posting of this story.

• Approved the appointments of Ann Worthington and Leandra DiRisio as supervisors of attendance at John Kennedy and Batavia Middle School, respectively.

A 36-year-old Batavia woman is facing federal wire fraud charges after she was allegedly found with six state unemployment benefit cards during a traffic stop and subsequent vehicle search for drugs in Bergen on Nov. 24.

The U.S. Attorney's Office announced the arrest today of Danielle Tooley.  She faces a maximum penalty of 30 years in jail and a $1 million fine.

Tooley is accused of knowingly using the personal identifying information of other people to apply for and collect unemployment benefits connected with the federal COVID-19 relief programs.

The scheme came to the attention of law enforcement on Nov. 24 when Tooley was arrested by the New York State Police on charges of criminal possession of a controlled substance during a vehicle traffic stop in Bergen.

During the interaction with the defendant, troopers observed a crack pipe with white residue inside of Tooley’s vehicle.

After the arrest, the defendant’s vehicle was searched, and six New York State unemployment benefit cards were recovered.

The benefit cards were issued to individuals other than Tooley. The benefit cards were turned over to the Buffalo Field Office of the U.S. Department of Labor, Office of Inspector General, for further investigation.  A subsequent examination of bank records for the benefit cards revealed several indicators of fraud and video footage from ATMs where the cards were used confirmed that the defendant had consistently withdrawn money from the cards. Tooley routinely used the personal identifying information of others in order to apply for and collect unemployment benefits in their names. In total, the scheme resulted in a loss of at least $99,141.39 to the United States.  

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso; and the New York State Police, under the direction of Major Barry Chase.  

The Genesee County Legislature’s Ways & Means Committee this afternoon recommended approval of the county’s 2022 STOP-DWI plan that seeks an appropriation of $160,910, but not before the program coordinator highlighted the need for more police officers.

“It’s an amazing program,” Assistant Manager Tammi Ferringer said, thanking personnel from the three participating agencies – County Sheriff’s Office, City of Batavia Police Department and Le Roy Police Department – for their efforts in conducting special details in support of STOP-DWI.

But just as quickly, speaking at the meeting at the Old County Courthouse, she noted “the biggest challenge” was that these departments are short-staffed.

“Each agency needs to be commended for changing their schedules (to work the details),” she said. “The officers really gave their all.”

The three police agencies continue to conduct routine enforcement nights with sobriety checkpoints, often resulting in DWI/DWAI arrests, she said, but noted that primarily due to the COVID-19 pandemic, total DWI arrests dropped from 115 in 2019 to 72 in 2020.

Thus far in 2021, however, arrests are trending upward, prompting Ferringer to believe the yearly total will equal or exceed the 2019 number.

She reported that law enforcement participated in all statewide crackdown events (eight of them in all) during the period of Oct. 1, 2020 through Sept. 30, 2021, making 205 vehicle stops. Furthermore, grant funding was used for callouts of local Drug Recognition Experts to help assist officers investigating impaired driving.

One hundred percent of STOP-DWI’s activities is funded from the collection of fines collected from DWI/DWAI offenses, Ferringer said, noting that many arrests are made during normal operationof law enforcement. STOP-DWI provides enhanced activities.

While she is budgeting for $160,910, the program currently has about $100,000 in its account.

Ferringer reported a decline in revenue from $163,418 in 2020 to (projected) $119,063 this year, but foresees an increase in 2022 as the courts reopen and more and more pending cases are adjudicated.

“There’s a backlog in the courts,” she said, adding that judges are “scared” as they see the caseload before them and try to prepare for the impending rush.

She also informed the committee that New York State is changing its terminology – moving away from “crackdown period” and replacing that with “high visibility engagement campaign.” The Labor Day/End of Summer HVEC is running now, through Sept. 6.

As she wrapped up her presentation, County Legislator Gordon Dibble, who represents the towns of Pembroke and Darien, said the Village of Corfu Police Department may be looking to re-enter the STOP-DWI program.

Ferringer’s budget request is expected to be on the agenda of the full legislature’s next meeting on Sept. 8.

Other program highlights are as follows:

• Genesee Justice monitors first-time DWI offenders (non-aggravated) who have received a Conditional Discharge as long as they participate in a one-year monitoring program that includes reporting regularly to a case worker, undergoing an alcohol screening and counseling program, refraining from drinking alcohol and taking part in an intense program for behavior modification aimed at changing attitudes on drinking and driving. It also monitors Leandra Law convictions where the ignition interlock device is ordered on the vehicle.

• Genesee County probation officers provide necessary DWI enforcement activities and enhanced EtG (ethyl glucuronide) alcohol testing for monitored individuals. The department is monitoring an average of 175 DWI offenders per month and has reported 50 violations year to date, which is up slightly from 172 in 2020 with 80 violations amidst pandemic response and shut down.

• Genesee/Orleans Council on Alcohol and Substance Abuse provide case management services, including an accountability component, follow up to the court and referrals to community resources. GCASA’s Victim Impact Panel brings DWI offenders and victims together for offenders to hear first-hand how a DWI crash impacted the lives of others.

• STOP-DWI’s education and prevention component includes participation by the Youth Bureau, leading to the use of images of the local law enforcement agencies for a new billboard to remind the community to not drink and drive. The image will also be used in the future for post cards and other educational handouts. Also, it conducted an adult campaign during the winter holiday season, partnering with local liquor stores to provide them with liquor bags with safe messages to remind the community to not drink and drive. In 2020, six liquor stores were provided 5,800 bags.

• The program’s poster contest winners were acknowledged, as youth and “top cops” were recognized with t-shirts, gift cards, commendations as well as banners with their artwork/pictures on them to display. Brooke Jarkiewicz and Grace Shepard, 11^th graders at Byron-Bergen High School were the grand prize winners, and their design was featured on a billboard for a month during the winter holiday season.

• In July, a “Night at the Ballpark” took place at Dwyer Stadium, supported by the Batavia Muckdogs. Law enforcement personnel joined with county staff and representatives of human services agencies to assist at the heavily attended event.

Representatives of Samsung have visited the Western New York Science and Technology Advanced Manufacturing Park in recent days, Sen. Charles Schumer said today, renewing optimism that the international semiconductor manufacturer may join Plug Power, the Latham-based leader in the development of hydrogen fuel cell systems, in placing a production plant at the 1,250-acre site in the Town of Alabama.

Announcing what he called a "two-pronged approach" at a press conference at the STAMP site off Route 77, Schumer (photo above) said that he has been communicating on a regular basis with the president of Samsung, based in South Korea, and the head of the company's United States operations -- promoting STAMP as the ideal location for the semiconductor facility it is looking to build.

The second prong of Schumer's plan is the passing of special tax credits by Congress to enable Plug Power to expand its operation in Genesee County even beyond its initial projection of producing 45 tons of green energy per day to 500 tons per day by 2025. Plug Power officials are expecting to begin operations at STAMP in about 16 months.

"If we become a manufacturer of high-end chips and if we become a center of hydrogren and hydrogen fuel and hydrogen cells, that will affect jobs in Buffalo, Rochester and all of Western New York," Schumer said. "It will be a great job magnet right here ... in Genesee County ... between Rochester and Buffalo."

Schumer said the goal is to attract jobs and tenants to "this campus right here in Genesee County ... and in Western New York."

He said he is trying to land Samsung's $17 million chip fab and touted Plug Power for building North America's largest green hydrogen fuel cell plant at STAMP.

"Those are two major, major things," he said, drawing applause from several government, business and education leaders who were in attendance.

WNY STAMP is owned by the Genesee County Economic Development Center, which was represented by its CEO/President Steve Hyde and other high-ranking employees and board members.

The senator said key components of the strategy is to obtain federal dollars to attract a company such as Samsung, and "to bring critical infusions of federal support to make STAMP a domestic hub for new semiconductor and clean energy industries -- both."

Schumer said he is "quadrupling down" on his efforts to secure new semiconductor manufacturing at STAMP, adding that he authored legislation to allocate $15 billion dollars "so we can make our own chips here."

"If we don't do it, our national security is at risk and our economy is at risk," he said. "And if they're all made overseas -- in Taiwan and in China -- we're going to lose."

He said that many automobile companies in the U.S. are experience slow production because they can't get semiconductor chips.

"I've told the top brass at Intel, Micron and, of course, Samsung that STAMP is an ideal location, and, of course, I will use my clout as (Senate) majority leader once we get the chip manufacturing dollars passed into law ... I will use my clout to try and bring one of those companies right here to Genesee County."

The United States Innovation and Competition Act of 2021 includes $52 billion in incentives for semiconductor manufacturing and research that Schumer said is critical to Samsung and other companies that want to expand their operations in the U.S. He said the USICA is supported by President Biden and "will get through the House (of Representatives) this fall.

Schumer said he has confirmed that Samsung is considering the STAMP site, although no final decisions have been made. 

"After a lot of calls showing them that STAMP is the right place for them and showing them that they would have the majority leader on their side, in terms of getting an allocation, they came and visited (last month) and saw for themselves. They paid a visit and saw first-hand how STAMP is -- how tailor-made STAMP is for hosting large semiconductor fab right here," he said.

PUSHING FOR PLUG POWER

Concerning Plug Power, Schumer said he is launching a $9.5 billion push to secure new hydrogen investments through the recently-passed, bipartisan infrastructure bill that passed the House and the Senate.

"And we're also including more money for hydrogen and green hydrogen during the upcoming negotiations in the Budget Reconciliation bill," he said. "There are two major parts to this. Already in the bill that passed the Senate, is $8 billion to create four hydrogen hubs in the country. There's no better place than Western New York in terms of hydrogen."

He said Plug Power was the leading hydrogen cell fuel company in the country, and is in near completion of building a "giga-factory" in Henrietta that will employ 380 people.

Schumer said he also is promoting a multi-billion dollar "production tax credit" in addition to the investment tax credit that already is on the books. He said the production tax credit would lower the cost to make green hydrogen by up to $3 per kilogram "and that means more customers for green hydrogen, more demand for the fuel made here at STAMP and more demand for the Plug Power jobs in Western New York."

By increasing the output from 45 tons to 500 tons per day, Plug Power would be creating 700 additional jobs at the STAMP site, Schumer said.

Plug Power's hydrogen cells power forklifts used at some of the world's biggest companies, including Walmart, Amazon and BMW, said Plug Power President/CEO Andrew Marsh, who also was at the press conference.

"The bipartisan infrastructure job act has over a $1 billion for electrolyzers -- for research, demonstration, commercialization and also for reducing the cost and increasing reliability," Marsh said, adding that electrolyzers create hydrogen from green electricity (with) a zero carbon footprint.

He said that leading market experts foresee hydrogen as being 23 percent of the world's energy by 2050.

Marsh said Plug Power's goal is to produce 500 tons of hydrogen per day -- "that's equivalent to a million gallons of gasoline," he advised -- and is poised to do that, in part thanks to raising $5 billion as a publicly-traded company on the NASDAQ exchange.

Currently, Plug Power has 1,700 employees, with 1,000 of them in New York.

From GCEDC President/CEO Steve Hyde:

"The STAMP site was designed and is being built to enable the acceleration of new technologies and advances in manufacturing with our outstanding renewable energy and talent availability. The commitment by Plug Power to bring green hydrogen to the market with Project Gateway at STAMP, and of Senate Majority Leader Schumer to expand the benefit of Genesee County, our region and state, and for the future of our economy and environment."

Photos below: Plug Power President/CEO Andrew Marsh speaking at today's press conference at WNY STAMP site; GCEDC President/CEO Steve Hyde with Schumer and Marsh. Photos by Mike Pettinella.