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The Le Roy Town Board on Thursday night, citing its responsibility to enact measures to attract industry to its community, unanimously voted to rezone 185 acres in the vicinity of the Le Roy Food & Tech Park along West Bergen Road and Route 19 (Lake Street Road).

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See related story below.

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The board’s vote took place at 9:30 p.m. – 90 minutes after the conclusion of a public hearing on the issue of changing the zoning of seven parcels from R-2 (Residential) to I-2 (Light Industrial).

About 45 people attended the meeting at the Town Hall courtroom with the majority of the speakers coming out against the rezoning.

Those in opposition – mainly residents of Lake Street Road, West Bergen Road and Randall Road -- made impassioned pleas to the town board members to leave the R-2 zoning in place, with a couple individuals stating that any change that would open the door to manufacturing would forever destroy “our piece of heaven.”

The board, led by Supervisor James Farnholz, listened and responded – maintaining throughout that rezoning is consistent with the town’s Comprehensive Plan and the priority is to encourage business to create jobs and support the town’s property tax base.

In rendering its decision following the regular town board meeting, Councilperson John Armitage made the motion to rezone from R-2 to I-2 – light industrial only – for the parcels covered, and Farnholz seconded the motion.

All five board members voted “yes," with Deputy Supervisor Dave Paddock and councilpersons John Johnson and Ronald Pangrazio voicing their approval.

At that point, Armitage asked Town Attorney Reid Whiting if the town would “still have a lot of say on what can and can not occur there,” to which Whiting responded, “Absolutely … that this was just a preliminary step.”

Farnholz added that multiple public hearings would have to take place – considering all residents that would be affected -- prior to the placement of any industry in that location.

Much of the area residents’ concerns centered on speculation that Great Lakes Cheese, a large manufacturing industry based in Ohio, has approached owners of the parcels in question with potential offers to purchase their land should the company decide to build a $500 million processing plant in the Town of Le Roy.

Eric Raines Jr. of Lake Street Road, who has been outspoken in his opposition of rezoning, said he knows of neighbors who have been contacted by Great Lakes Cheese representatives and even had in his possession a conceptual map of the proposed plant drafted by an architectural firm representing the company.

Last night, Raines (an adjacent landowner) reiterated his viewpoints, stating that he and his girlfriend chose to purchase the historic Olmsted Manor and its 14 acres of woodlands because it was in an area that he believes is meant to stay “agricultural.”

He supported his claim with a Future Land Use map showing that part of the town colored green for agriculture.

“We found the town Comprehensive Plan and there are a couple maps published in (that plan),” he said. “One is a future use map; this is the future intended use of the land of Le Roy. This assures us that the land surrounding the manor was going to remain agricultural land. The existing land map said it was going to be agricultural and it is agricultural, and that future use map also said agricultural – green.”

Raines said that he found that this plan would be adopted until 2029, and that he decided to renovate the property with that in mind.

He also said that Farnholz has stated that the rezoning was not being done specifically for Great Lakes Cheese, and that the current R-2 zoning does support agriculture and farm-related activities.

“I think the town supervisor and those in favor of this rezone know the ‘super plant’ manufacturing facility is a wild stretch of the definition of farming-related activities,” he said. “If this according to the town supervisor is an agricultural industry, I ask … ‘What is considered a farming-related industry?”

Raines drew applause when he brought up that the town board had the opportunity to rezone the parcels over the past four years, but only moved to do so after Great Lakes Cheese entered the picture.

“Great Lakes Cheese offers $20,000 an acre. Two weeks later, the town submits to the county a rezoning,” he said. “… This rezone is to support Great Lakes Cheese.”

Farnholz shot back, however, stating that Raines – in a story on The Batavian earlier this week – said that “if you were offered four times the value for your property, we wouldn’t be having this conversation.” Raines then interjected, “I said we might not.”

The supervisor continued: “In the Comprehensive Plan it also states that additional economic development opportunities that arise in an around the Thruway, I-490 Interchange area, consistent with the county’s Smart Growth Plan and coordinate to ensure direct competition with existing town and village businesses.”

Whiting then said that the R-2 zone does support farm-related activities.

“The zoning ordinance is supposed to be consistent with the Comprehensive Plan, so this long-term goal is consistent with the contemplated change in zoning,” he said.

Undeterred, Raines said the Smart Growth Plan indicated the land to be rezoned is not considered “a developmental area” and that it is some of the best farmland in the county and warrants protection.

Farnholz countered, saying that the parcels along the Route 19 corridor “could be paved right now; it could be a mobile home park in a permitted use as it stands.”

At the outset of the public hearing Farnholz outlined the permitted uses in an R-2 district, which include single-family detached dwellings, churches and other religious buildings, parks and playgrounds, home occupation uses, home and farm gardens, agricultural buildings, garages, carports, swimming pools, tennis courts, and other larger, business-type structures with a special use permit.

Before closing, Raines submitted a petition against rezoning, signed by 10 residents of the three roads, and held up the conceptual map that he said was circulated by Great Lakes Cheese – “bullying the landowners into thinking that they had no option … it’s out of my hands, what can I do.”

Addressing the board, he drew another round of applause as he concluded, “You are a local government. You are here to protect us.”

Others who spoke during the public hearing, which lasted for an hour and 20 minutes, included the following:

Rebecca Hiler, Lake Street Road -- Stating that her property would be “completely surrounded by industrial,” she said she has done much work on her property. “This is my Zen, this is my home, this is my heaven, and you guys want to plop industrial right around me … How would you like this next to your house?”

Orion Hiler, Lake Street Road – Rebecca’s son, he said he has “felt blessed” to live at that location, having “escaped” Rochester and growing up in Le Roy. “I just see it (the aesthetics) ripped away and have this metallic monstrosity here, right in my backyard,” he said. “Having it rezoned so that semi-trucks passing in at all odd hours of the night to pick up cheese.”

Shane Hegeman, Lake Street Road – He said he opposed, citing concerns about the smell of a cheese plant. “Do you see anyone living around O-At-Ka Milk (Products in Batavia)?” he asked. “No, because that doesn’t belong in a neighborhood. We don’t need this.”

Charles Flynn, Randall Road – Noting that he is a real estate agent, he mentioned that many people in the Town of Byron are upset over the large solar system that is planned for that community and questioned whether property values would go down if the parcels were rezoned Industrial. “That’s why I question this Comprehensive Plan to try to adjust to the R-2 from the I-2 zone,” he said. “I don’t think we should make that change.”

Sarah Krzemien, Warsaw Road – She said she understands both sides of the issue, but questioned whether the town’s demographics would support the number of employees for a large industry in that area. “It just seems unnecessary, and none of us will benefit,” she said.

Kathy Glucksman, Randall Road – A longtime resident, she said that she and her husband recently refinanced their home to make improvements, and would be disappointed to find out that they would be surrounded by this industry. “It would decrease our property values, our quality of living and I believe there would be various health effects,” she said. “I urge you to protect us. If you look at our property, we are very vulnerable.”

Carol Konarski, Randall Road – A Randall Road resident for 46 years, she said she and her husband desired the peace and quiet and privacy of country living. “If you make this area an industrial area, that will be gone – it will be completely wiped out,” she said. “It’s just a little 100 by 200 (foot) plot, but it is our piece of heaven …” She added that her husband, who is deceased, would be “heartbroken if our dream that became a reality was destroyed.”

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Other issues brought up focused on increased traffic on Route 19, noise, odor, glare and screening and setbacks from residential properties as a result of large-scale manufacturing. One individual wondered if the rezoning could be put to a vote of the residents.

Farnholz said that the matter is not subject to public referendum and, responding to a comment questioning the board’s level of concern, said that they all are on the board because they do care about the community.

“We’ve taken the time to run for elected positions and all of us represent everybody in the community on a variety and multitude of issues,” he said. “At the conclusion of this hearing tonight, we’ll be jumping into a solar issues … There’s reduced funding from Genesee County. We lost almost $700,000 last year in revenue sharing from the county.

“Do we care? Your taxes have not gone up. They went up 1 cent last year … So, we do care.”

After discussing the possibility of selling 2.8 acres of their property on Lake Street Road (Route 19) to Great Lakes Cheese, Chris and Gina Stella said they have decided to retain control of that parcel.

Speaking after Thursday night’s public hearing on rezoning 185 acres next to the Le Roy Food & Tech Park, Chris Stella said he was approached by a representative of the Genesee County Economic Development Center about selling some of his land.

“Joe Macaluso stopped over and said that Great Lakes Cheese might have some interest in the 2.8 acres, so I talked to my wife, Gina, about it,” Stella said. “He (Macaluso) said that they would offer the same thing that they we’re offering everybody else, but I’ll be honest with you, nobody wants it in their backyard – and I didn’t either.”

Stella said he didn’t blame other nearby property owners for entering into potential land deals with the Ohio-based manufacturer, which has been identified as inquiring into the Town of Le Roy site as a location for a new $500 million processing plant.

“But, do I want it? I never wanted it. We talked about it a little bit,” Stella added. “Their deal was … that they wanted to put up a berm to protect us from it, so we really didn’t have to see anything. But, my attorney actually got us a map of what they wanted to do, and I think the deal closer for us was that they wanted to put in a deceleration lane starting right in my front yard.”

(Town Supervisor James Farnholz said the deceleration lane topic is “conjecture” at this point, and that the state Department of Transportation would have the final say on traffic issues.)

Stella said different people have told him that anywhere from 85 to 120 trucks per day would come in and out of the plant, and that they run at all hours.

“All day and all night I’m going to be hearing Jake brakes,” he said. “That was a deal closer for us. At least if we have that 2.8 acres of land, we can kind of do what we want to do with it. They can do whatever they want. We decided to hold on to it.”

When asked how much was offered, he said, “They didn’t offer us anything. I heard that it was around $20,000 an acre, but I’m not sure about that. I heard that number floating around somewhere.”

New York State Agricultural Districts, especially in counties such as Genesee where farming is vital to the local economy, are significant geographic regions that enable farmers to work with their municipalities to best serve their communities.

That was a key point of a recent webinar conducted by Jeff Kehoe and Kathleen Tylutki, farmland protection specialists with the NYS Department of Agriculture and Markets, Division of Land and Water Resources, Agricultural Protection Unit.

Agricultural Districts are defined as locally initiated mechanisms for the protection and enhancement of agricultural land as a viable segment of the local and state economies.

“Back in 1971-72, the ag district program was developed to help stem the tide of suburbanization moving into the countryside,” Kehoe said. “It’s really not a matter of the farmer and the department; there’s a lot more to this. In New York State, towns have local authority and they have the ability to control what happens in their town and jurisdiction.”

In 2020, there were 165 Agricultural Districts in 53 counties in New York, consisting of 26,227 farms and accounting for 9,149,836 acres.

“It’s a very successful program and each year we have been growing,” Kehoe reported. “And in light of recent events, hopefully we will see more and more properties enroll in the ag district to better accommodate agriculture and allow farmers to scale up their operations without too much scrutiny from the town.”

In Genesee County, according to Planning Director Felipe Oltramari, there are four ag districts, covering 6,200 parcels and 203,000 acres.

“The number of acres is about two-thirds of the total land area in the county,” Oltramari said.

The Genesee County districts are as follows (see map below):

District 1 (green) – Darien, Alexander, Bethany and a bit of Pembroke, Batavia and Stafford.

District 2 (blue) – Alabama, Oakfield, Elba and northern parts of Pembroke and Town of Batavia.

District 3 (aquamarine) – Le Roy, Pavilion and parts of Stafford and Bergen.

District 4 (red) – Bergen, Byron and small parts of Elba, Stafford and Le Roy.

Oltramari said enrollment into an ag district is free and voluntary, and that individual district reviews occur every eight years from the district’s creation date.

“This process is undertaken on behalf of the Genesee County Legislature by the County Department of Planning,” he said. “During review, landowners within the district boundaries may enroll or withdraw property from the district. Only entire parcels may be included or excluded.”

Kehoe said that “the power of this program is given to the counties because local (town, village) government has so much control over what happens in their towns.”

“If you are a farm operation – which is a technical definition in our law – and your parcel is enrolled in the agricultural district, the circumstances are that it’s modified,” he said. “Your local laws are modified if you’re a farm operation enrolled in an ag district.

“That still means that you must comply with all local laws and permits and applications and all the local processes, however, when you’re in the ag district, the town is essentially on notice to streamline or facilitate your applications, minimize any fees and, hopefully, work with you to be as timely as possible and least burdensome as possible.”

Agricultural Districts are overseen by a county’s Agriculture and Farmland Protection Board – an 11-member committee under the direction of the county legislature. It is tasked with advising the legislature in matters relating to establishment, modification, continuation, or termination of agricultural districts.

The AFPB also issues recommendations to the legislature in regards to the Agricultural District Annual Enrollment and Smart Growth Plan revisions.

“It’s a different level of government that has oversight and can weigh in on ag issues,” Kehoe said.

In Genesee County, current AFPB members are Donn Branton, chairperson, farmer; Janice Beglinger, Agriculture Outreach educator Cornell Cooperative Extension; Steven Boldt, farmer; Kevin Andrews, director Real Property Tax Services; Christian Yunker, County legislator.

Also, Marcia Hirsch, agribusiness; LuAnne McKenzie, farmer; Dennis Phelps, Soil & Water Conservation District chairperson; Janette Veazey-Post, farmer; Tim Welch, Soil & Water Conservation technician, and Oltramari.

The AFPB, per Agriculture and Markets Law 25AA 302(c), shall render expert advice to the county legislature relating to the viability of lands to be enrolled in the agricultural district, including advice as to the nature of farming and the relation of farming in such area to the county as a whole.

Oltramari said specific recommendations could pertain to the proper placement of fire hydrants and water lines to not adversely affect farm operations, and the periodic reviews of the district itself.

Kehoe said that Right To Farm Laws provide additional protection for farmers, and come in three forms:

• Agriculture Districts Law, Article 25AA, Section 308;

• County laws that enact public policy supportive of agriculture;

• Local laws that typically support agriculture and Article 25AA and, sometimes, utilize the services of an ag mediation panel and/or require a statement on building permits.

According to Section 308, The Commissioner of Agriculture and Markets is authorized to issue opinions regarding whether certain agricultural practices are sound. Any practice that is determined to be sound does not constitute a private nuisance when an action is brought. In a nuisance suit where a farming practice is determined to be sound, this section ensures that the plaintiff will incur any fees and other expenses related to the defense. This section protects farmers from paying costly legal fees to defend their operations against frivolous nuisance actions.

Section 305-A of the Agriculture Districts Law “protects farmers against local laws that unreasonably restrict farm operations located within an agricultural district,” Tylutki said.

This section of the law calls for coordination of local planning and land use decision-making with the agricultural districts program, and ensures that local zoning, comprehensive plans and land use plans will not unreasonably restrict or regulate farm operations within an agricultural district unless there is a threat to public health or safety.

Tylutki said the keys for valid objections to local law infringement are that the parcel is enrolled in an ag district, it is the site of a legitimate farm operation, and that the farmer has exhausted all local administrative remedies before appealing to the NYS Department of Agriculture and Markets.

“Apply for it (protection status), get the denial and then the Department (of Agriculture) has something to react to,” she said. “So, then we actually have a hard denial to say to the town what is being unreasonable in consulting with your county AFPB and other local resources.”

She noted that an ordinance may appear reasonable in an abstract, but it could be unreasonably restrictive or regulate a particular farmer. All referrals are evaluated on a case-by-case basis.

Tylutki also spoke about farm stands and similar retail activities on ag district operations.

The rule of thumb for these ventures is that at least 51 percent of the agricultural crops, livestock and livestock products sold, on an annual basis, must be from the farm’s own production. Furthermore, the activity must be used as part of the direct marketing strategy of the farm operation and the primary purpose of the activity must be to sell the farm’s products/services, not to serve as a recreational use of the land.

Oltramari said that a prime example is the retail store and Community Supported Agriculture business at Porter Farms in Elba.

“They just opened a retail store and they have had the CSA for quite some time,” he said, explaining that a CSA allows citizens to purchase a membership and receive a weekly bag of produce from the farm.

“In an ag district, the farm is permitted to do this through the right-to-farm protections,” Oltramari said. “This is the same as wind or solar being used to offset utility costs of the farm. It also protects farmers against nuisance liability as long as the farmer is following the New York State ag district guidelines.”

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Additional resources on Agricultural Districts and related topics can be found at the following:

Agricultural Value Assessment Program, Department of Taxation and Finance
https://www.tax.ny.gov/research/property/assess/valuation/agindex.htm
Jeremy Kergel Jeremy.Kergel@tax.ny.gov

Building Standards and Codes, Department of State:
https://www.dos.ny.gov/DCEA/

Local Government Services, Department of State
https://www.dos.ny.gov/lg/

Farm Brewery/ Cidery/ Wineries etc. State Liquor Authority
https://sla.ny.gov/

Industrial Scale Solar Arrays: NYS Solar Guidebook
https://www.nyserda.ny.gov/All%20Programs/Programs/Clean%20Energy%20Siting/Solar%20Guidebook

Agricultural District Mapping Program, Cornell University IRIS (Institute for Resource Information Sciences)
https://iris.cals.cornell.edu/extension/agricultural-districts/
Diane Ayers dag10@cornell.edu

Publication: Planning for Agriculture
https://farmlandinfo.org/publications/planning-for-agriculture-in-new-york-a-toolkit-fortowns-and-counties

Photo: 400 Towers at 400 E. Main St.

It can be said that housing authorities such as those under the auspices of the U.S. Department of Housing and Urban Development provide safe and affordable dwelling places for millions of low-income people in need.

But it also is true that these quasi-nonprofit enterprises benefit from their tax-exempt status, giving private landlords cause to question the fairness of the framework by which they exist.

You can draw a line from the preceding statements to the Batavia Housing Authority, a four-location government agency that offers HUD-subsidized apartments for senior (62 and older) and disabled tenants.

The BHA, which by New York State law is exempt from paying property taxes, receives subsidies from HUD to bring the monthly rent closer to the market rate and also receives periodic federal grants to help with renovations and maintenance across its buildings.

Executive Director Nathan Varland, during an interview with The Batavian last week at his office at 400 Towers, said he sees the Batavia Housing Authority as a much-needed public housing option considering the increasing number of senior citizens and permanently disabled residents who are struggling financially, especially as costs increase in a high-tax state such as New York.

AVERAGE RENT COLLECTED: $358

“The Batavia Housing Authority exists to provide safe, healthy and affordable housing for people who cannot realistically afford market rent,” he said. “The average rent collected is around $358 right now, and the federal subsidy is about $182 per apartment. Those amounts cover our monthly expenses, but our aging infrastructure requires some capital investment for the organization to be viable long-term.”

Recently, the BHA received a federal capital grant for $377,000 for renovations, including electrical systems and elevators, Varland said.

“Our margins are very low and it’s hard to stay efficient,” he said. “The capital grants that we apply for and (periodically) receive are vital. We wouldn’t be able to stay in business without them as half of our people can’t use the stairs.”

Varland describes the BHA as a “standalone government entity” that has entered into a Payment in Lieu of Taxes agreement with the City of Batavia that enables the housing authority to pay about 75 percent less in property taxes than what a nonexempt organization would pay.

He said the PILOT has been in force for many years, likely back to when the buildings were finished in the early 1970s.

FOUR LOCATIONS IN THE CITY

Photo: The Terraces at 193 S. Main St.

Photo: Edward Court at 15 Edward St.

Photo: The Pines at 4 MacArthur Drive.

The buildings of the Batavia Housing Authority are as follows:

• 400 Towers at 400 E. Main St., (photo at top), a high-rise facility with 148 apartments over eight floors for senior citizens and people with permanent disabilities. Most of these are studio and one-bedroom apartments.

• The Terraces at 193 S. Main St., 26 apartments.

• Edward Court at 15 Edward St., 13 apartments.

• The Pines at 4 MacArthur Drive, 10 apartments.

The apartment complexes on South Main, Edward and MacArthur are three- and four-bedroom townhouse-style units for households of three or more people and, currently, all are full, Varland said.

Varland said the BHA owns its own properties with HUD having a controlling interest. Monthly rent is based on 30 percent of a tenant’s adjusted annual income (or 10 percent of the gross income), with maximum income limits depending upon household size.

Current rents for studios, one- and two-bedroom apartments include cable and utilities, and range from $490 to $675. He said that some people with little or no income pay as low as $50 per month in rent.

Three- and four-bedroom apartments are priced at $593 and $611, respectively, with a utility allowance deducted for those on subsidized rent.

PILOT AGREEMENT IN FORCE

According to the New York State law, municipal housing authorities that are project financed or aided by the federal government or municipality, not by the state, are exempt from property taxes but can be subject to special assessments, levies or PILOT agreements.

The law reads as follows:

Payments in lieu of taxes -- None required. However, if payments in lieu of taxes are fixed or agreed upon by the municipality, such payments may not exceed the taxes last levied on the property prior to its acquisition by the MHA unless such project is federally financed or aided and the federal government has consented to a greater amount.

In the case of the BHA (actually classified as the City of Batavia Housing Authority by the Genesee County treasurer’s office), the PILOT paid to the City – and then disbursed to the county and Batavia City School District – is approximately one-fourth of the amount paid by a nonexempt organization.

Photo at right: BHA Case Manager Heather Klein, left, with 400 Towers resident Brenda Boyce.

For the fiscal year ending Dec. 31, 2020, the BHA sent a check for $64,879.74 to the City clerk-treasurer -- $14,638.65 to the city, $15,409.33 to the county and $34,831.76 to the school district. That’s 23.5 percent of the full amount of $276,539 based on the assessed value of the properties ($6.5 million) and the total tax rate of $42.54 per thousand of assessed valuation.

“We pay a PILOT every year and that’s an agreement when the housing authority was formed,” Varland said, noting that the buildings were finished in 1970 and 1971. “The formula is based on what we take in and some of our utility expenses that come off. It’s not insignificant – about 5 percent of our annual budget -- but it’s also not based on the full value of the properties.”

Genesee County Manager Matt Landers said he looks at it as a “glass half full” proposition.

“The pay a PILOT but, at the same time, they are a quasi-governmental nonprofit-type agency. So, if you think about it, other nonprofits might not pay any property taxes – churches, GCASA, Cornell Cooperative Extension,” Landers said. “I’m glad they’re paying something rather than nothing at all.”

BOARD OF DIRECTOR OVERSIGHT

While the BHA properties are not owned by the city, the city manager does appoint citizens to a board of directors that provides oversight.

“We advise Nate in the direction we think is best for the housing authority,” said BHA Board Chair Brooks Hawley, who has been part of the committee for about 10 years. “At our monthly meetings, we look at the budget, address resident concerns and come up with solutions to any issues as a team.”

A current county legislator and former City Council member, Hawley said that since the rents are less than market rate – even with the subsidies, the grants from HUD “help us out with things like elevators and big projects that (private) landlords usually don’t have in a residential home.”

“We have four properties and we try to keep them up and not have them depreciate to where we’re putting huge money into it.”

The current board consists of a chairperson (Hawley), vice chair (Roger Hume), treasurer (Tammy Hathaway), secretary (Teresa Van Son), City Council liaison (Al McGinnis) and two residents (Don Hart and Jason Reese).

Varland said that the board frequently deals with compliance and regulatory matters, and sets policy that aligns with regulations at all levels of government.

“Public housing authorities are some of the most regulated agencies around,” he said. “Regulations are in place for a reason, but it does require a lot of work to keep up – especially with a small staff like ours.”

PRIVATE LANDLORDS: IS IT FAIR?

The Batavian contacted two property owners with numerous houses and apartments in Genesee County, and both agree that the Batavia Housing Authority, with its subsidies and improvement grants, have the upper hand when it comes to finding qualified tenants.

“It’s tough. I understand that there is a need for supportive housing for a lot of tenants, based on income and need, but for us, there’s no PILOT or anything else on our properties,” said Duane Preston of Preston Apartments LLC.

“We pay the full tax amount and what hurts the smaller guy is when they (BHA) get $200,000 per apartment for renovations – cabinets, bathrooms. We would love to come into that kind of money for our properties, but we can’t as we’re based on market rate rent.”

Preston said that he does have tenants that get reduced rent based on their Section 8 status (where they submit a voucher for about a 10 percent discount off the average rental market rate for the area).

“The maximum for a one bedroom in that case is $710 with everything included, $850 for a two-bedroom and $1,050 for a three bedroom,” he said. “They just raised the rates on all of those.”

He said that it takes about four months of operations for the average landlord to cover taxes on the property – “and that’s before you figure in your mortgage interest, water bills, utilities and other things that you have to cover.”

When told that the BHA is a standalone entity that owns its properties, Preston asked, “Then why are they getting a tax break? Why doesn’t everybody get a tax break then? I thought it was owned by the City of Batavia, and if that isn’t the case, that’s definitely not fair.”

Preston also questioned why those BHA apartments couldn’t be offered at market rate and be subject to the Section 8 guidelines.

“And it’s kind of a suck on city taxes,” he said. “The city is paying fire department, police department, whatever, and it used to be garbage pickup. Luckily, we’re out of that business now. Still, it’s a suck on the city and we’re not getting the full taxes out of it. It’s a double whammy.”

BHA IMMUNE FROM RISING COSTS?

Jeremy Yasses of JP Properties said he feels that the BHA is immune from rising taxes and property assessments.

“In today’s day and age when budgets are tight for municipalities and taxes and assessments are being raised, it’s not affecting the Batavia Housing Authority. How fair is that to the common folks who work every day and their assessment goes up, their taxes go up and their cost of living goes up?” he said.

Yasses said he finds it hard to believe that the Batavia Housing Authority isn’t making a profit.

“You can’t tell me that they break even every year,” he said. “Why are we allowing them to be subsidized? Why did they just get all of those grants to update all their apartments, and society wants us to update ours, and we do it one at a time when we can. They can do all of them, all at once. And that’s not fair.”

He also said that if the BHA is indeed a federal government-run entity, the City of Batavia should have nothing to do with it.

“Why does the city have any say about what’s going on there?” he asked. “No one checks in with me to see how Jeremy Yasses and JP Properties is doing.”

VARLAND EXPANDS UPON GUIDELINES

Varland explained that the BHA is under Section 9, which he called a separate funding stream from Section 8 with separate rules.

“The way Section 8 works is that low income individuals apply for Section 8 and they get a voucher for rent. They can take that to a private landlord,” he said. “With Section 9, we’re responsible for all the compliance and have a high level of oversight.”

He said the oversight comes from the city’s board of directors, but the major player is HUD.

“We’re not city employees, it’s just that the city is the jurisdiction because we’re located within the city limits,” he said. “There’s two ways to look at it: If HUD says jump, we jump; if the city says jump, we’ll have a conversation about jumping. Still, we want to make sure that partnership is strong.”

When asked what would happen if the BHA were to dispose of its properties to an unrelated entity, Varland said the transaction would have to be approved by HUD and for the fair market value.

“It would also have to be used for affordable housing,” he said. “Basically, the mission of the organization (and its property) needs to be preserved.”

400 TOWERS: A SOCIAL EXPERIENCE

Varland said just about all of the 148 apartments at 400 Towers are rented, but two are coming open soon.

“Our wait list is pretty short, so now’s a good time to apply,” he advised.

He said the facility at the corner of Swan and East Main provides a “social experience with everything in one spot.”

“You move in and you’re ready to go. Those studios are here at 400 Towers, where we have trash chutes, the mail comes inside, a snack shop, some meals that resident volunteers provide at low cost, activities, and a case manager on site to connect to resources,” he said. “And we just opened a fitness center and a library."

The executive director said BHA is “stable” at this time, but there have been times when the HUD allowance has not been enough.

“It allows us to continue operations but we haven’t been able to keep the properties up,” he said. “Currently, we are able to maintain, but there are capital projects that need to happen in the next five years that we don’t currently have money for. But we’ve been able to keep the elevators working and keep roofs over the buildings – the basics – so we’re doing OK there.”

(Photo at right, Vicki Johnson, center, with 400 Towers residents Don Hart and Pauline Hensel).

He credited his staff for keeping things in order.

The administrative team consists of Vicki Johnson, housing manager in charge of recertification and property inspections; Abby Ball, leasing coordinator; Michelle Johnson, bookkeeper, and Heather Klein, case manager.

The maintenance staff lists four full-time employees and one part-time employee who are responsible for repairs and upkeep of all four properties. Varland said that he is looking to hire an entry-level full-time maintenance person.

COUNTING ON CITY PUBLIC SAFETY

Without its own security team, the BHA relies on municipal public safety agencies, Varland said.

“As far as security goes, we count heavily on the Batavia Police Department and Batavia Fire Department. They have been awesome,” Varland said. “They have been incredible supports and I don’t think that we could do this without them. We’re in a much better spot because of their support; it would be a struggle without them, plus our Genesee County EMS."

He said that 400 Towers has secure doors while the family units at the other locations each have separate entrances. A camera system also is utilized.

“I’ll put our maintenance staff up against any other anywhere,” he said. “They work really hard to make sure that doors, locks, windows are safe and secure. We make sure that everything is in good condition, and to the extent that we have money, we keep things durable and fresh.”

(Photo at right: Maintenance Supervisor Jim Green).

When asked about the frequency of evictions, Varland said that has not been an issue.

“There are a number of our residents who have had financial issues due directly to COVID – both here at 400 Towers and at the family units. We have been able to work with them directly to come up with repayment agreements. As long as we stay in communication we try to help these people manage their financial situations and we want to keep them safe,” he said.

Varland said management has worked out repayment agreements with tenants, working with partner agencies such as Independent Living of the Genesee Region, which offers an emergency rental assistance program.

“The federal government is very interested in making sure people stay safe in their apartments, especially during COVID,” he added.

MORE HOUSING IS NEEDED

Varland said he is well aware of the “definite need for housing” and said that need has changed over the years.

“We could probably do a separate article on that, bringing in the Genesee County Planning Department as we meet quarterly with the Housing Needs Committee,” he said, mentioning the significance of the Ellicott Station, Ellicott Place, Eli Fish and Main Street Pizza downtown apartment projects.

When informed that an 80-unit senior complex is proposed for Pearl Street Road, he said, that is the population that needs housing the most.

“The data that is out there, our population is aging and our family size – our household size – is declining. So, people need accessible, affordable, safe and smaller apartments,” he said.

Varland said he writes letters of support for those type of projects.

“I think they’re good for the city and the county, and don’t really think of them as competition for us,” he said. “We may lose people, and people come and go, however, if it’s good for the city and good for the county, it’s good for us, too. It makes it a better place to be and live.”

After swinging and missing on a pitch to obtain a grant from the New York State Office of Community Renewal for the replacement of 5,300 feet of water main as part of the Park Road Reconstruction Project, the Batavia Town Board is still staying in the batter’s box.

It remains steadfast in its commitment to upgrade the municipality's sanitary sewer pump station at the Valu Plaza on West Main Street.

On Wednesday afternoon, lawmakers scheduled a public hearing on the Community Development Block Grant funding for 7:05 p.m. July 21 (the board’s next meeting) at the Town Hall on West Main Street Road.

“The application is for upgrades and repairs of the sanitary sewer pump station at the West Main Street plaza,” said Town Supervisor Gregory Post, adding that he’s not sure of the cost at this time. “We’re working on that (cost projections) as we speak. It’s a rushed application because we were denied our last application for Park Road and another round of funding is coming out.”

Missing out on the Park Road grant is disappointing, he said, but as the project moves forward, the town is looking at a bond resolution to pay for the approximately $900,000 cost of replacing the water main.

“We’re going to bid on Park Road in the next few weeks and we’re bonding that,” he said. “Once we receive the bids, we’ll develop a construction schedule based on that.”

A public hearing on the bond resolution for the Park Road water main and the entire capital improvement project also is scheduled July 21 at 7 p.m.

The resolution calls for the issuance of serial bonds not to exceed $975,190, offset by any federal, state, county and/or local funds received.

The $3 million Park Road rehabilitation will take place from Lewiston Road (Route 63) to Oak Street (Route 98).

Work will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road, while pavement will be overlaid and sidewalks installed on one side of the road from Richmond Avenue to Route 98. The project also calls for new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Additional property enhancements of up to $395,000 at Batavia Downs Gaming will be paid for by the Western Regional Off-Track Betting Corp.

Solar Moratorium is Extended

In another development, the town board called another public hearing – this one for 7:10 p.m. July 21 to extend a moratorium on solar energy systems for up to another six months. The current moratorium is set to expire at the end of this month.

“We felt it important that we still had the moratorium in place while we work on getting our new (solar) law enacted,” Post said. “So, we’re setting a public hearing to extend the moratorium until such time that we have the legislative process complete.”

Post said the process of enacting new solar regulations has taken longer than expected “due to the extraordinary depths the (town’s solar) committee is diving into to make sure that this is well researched and well thought out. We want to make it more wholesome for the entire community and not leave anybody out.”

Post mentioned some recent developments in the solar arena that could affect the town’s handling of ground-mounted and, potentially, large-scale solar systems.

“The state’s solar agency (Office of Renewable Energy Siting) is being challenged in the courts, and NYSERDA (New York State Energy Research and Development Authority) was found out to have hired a consulting firm that also has solar and wind energy customers as clients,” he reported. “That could be a conflict of interest – hiring somebody for a million dollars that is working for solar and wind energy companies.”

Furthermore, Post said he saw that Cypress Creek Renewables LLC, which owns the rights to a pair of side-by-side 5- and 4-megawatt solar systems on Ellicott Street Road, was sold to a Stockholm, Sweden-based investment company called EQT earlier this week.

“Solar is a hot topic and we just want to do our job and make sure we do it as well as everything else,” Post said, adding that he hopes to have the town’s new solar law in place by Labor Day.

Liza Monica Besczyznski, 26, of Pearl Street Road, Batavia, is charged with fourth-degree criminal michief and second-degree menacing. On July 5 the Genesee County Emergency Dispatch Center received a 9-1-1 call from a resident on Pearl Street Road in the Town of Batavia. An investigation allegedly revealed the defendant damaged another person's property and threatened them with a hammer. She was arrested and arraigned in Town of Batavia Court, then released on her own recognizance. The case was handled by Deputy Kevin McCarthy, assisted by NYS Police.

Terrell Lee Thomas, 30, of West Main Street Road, Batavia, is charged with second-degree harassment -- physical contact. On July 2 at 2:40 p.m., Genesee County Sheriff's deputies responded to an address on West Main Street Road in Batavia for a harassment complaint. It is alleged that he engaged in a course of conduct which alarmed and seriously annoyed an individual on the property. Terrell was arraigned in Town of Oakfield Court and is due in Batavia Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Wyatt Jeremiah Becker, of Tinkham Road, Darien, is charged with second-degree harassment. Becker was arrested at 3:12 p.m. July 6 after police investigated an incident that occurred at 5:20 a.m. that day. He was released with an appearance ticket and is due to appear in Darien Town Court on Aug. 3. The case wase handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien. 

Larry Robert Walters, 23, of Alden, is charged with: driving while intoxicated with a BAC of .08 or more; DWI -- first offense; moving from lane unsafely; and failure to keep right. Walters was arrested after a traffic stop at 10:15 p.m. on Pearl Street Road, Batavia, on July 6. Walters is due in the Town of Batavia Court on July 22. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Nicholas Chamoun.

Eight homeowners along Lake Street Road (Route 19), Randall Road and West Bergen Road – streets that border land earmarked for rezoning by the Le Roy Town Board -- have signed a petition opposing such a move and plan to bring their concerns to a public hearing Thursday night.

The public hearing is scheduled for 7 o’clock in the courtroom of the Le Roy Town Hall at 48 Main St.

Eric Raines Jr. and Annie Watkins, owners of the former Olmsted Manor on Route 19, north of the Village of Le Roy, are leading the fight to prevent the board from changing the zoning from R-2 (Residential) to Industrial, citing a county land map that shows the 185 acres in question are for agricultural use.

“We also believe that the town’s Comprehensive Plan has this area set aside for green (agricultural) use,” said Raines, who along with Watkins purchased the 

Raines said the majority of the soil of the seven privately owned parcels targeted for rezoning – and possibly to be part of an eventual sale to Great Lakes Cheese as the future site of a $500 million processing plant – is of the highest quality.

“Most of that soil is ranked as A-1,” he said, referring to information from the New York State Department of Agriculture and Markets. “To say that it would be better suited as a parking lot, I don’t believe so.”

Le Roy Town Supervisor James Farnholz, however, said rezoning to Industrial follows guidance found in a 2017 revision of the town’s Comprehensive Plan.

“The Comprehensive Plan is a guide and in that plan is the goal to develop industry along the Route 19 corridor; it was adopted in 2017,” Farnholz said. “One of the things that has caused confusion is that (people think) the property that we’re considering rezoning is agricultural property, and that is not the case.”

Farnholz said that some of the land has been farmed, “but it is R-2, which means it has been open for farming-related activities, churches and other things. They could even put a mobile home park back there.”

“What we want to do is two things – make it contiguous with the (Genesee County) Economic Development Corp. property that’s already there (the 75-acre Le Roy Food & Tech Park) and since it’s completely ringed by smart growth, it would be consistent with our Comprehensive Plan and it would be consistent with the other property around it,” he explained. “And the other side (east side) of Route 19 is already (zoned) Industrial.”

Several property owners in the vicinity of the Le Roy Food & Tech Park, which is owned by the GCEDC, reportedly have been received offers for their land by Great Lakes Cheese representatives in case the Ohio-based company goes forward with relocating from Allegany County to Genesee County.

Phone calls to one of those property owners by The Batavian were not returned at the time of the posting of this story.

Farnholz said he expects to see some of the property owners who have been contacted by the cheese manufacturer at Thursday’s public hearing.

Raines, who was not approached by Great Lakes Cheese, said he anticipates the other homeowners who signed the petition to be at the meeting.

“The only landowners that were contacted were the ones that have land that interests the company,” he said. “If I was offered up to four times the assessed value, we might not be having this conversation.”

Raines and Watkins also said they believe that Great Lakes Cheese would be asking for a truck deceleration lane just a few hundred feet south of their home along Route 19, on the right-of-way owned by the NYS Department of Transportation.

That is all “rumor and conjecture” at this point as there has been no word from DOT, Farnholz said.

As far as Great Lakes Cheese coming to Le Roy, Farnholz said the company is “still considering the logistics” of such a move.

“The problem with all of this is that it’s out of the municipality's hands,” he said. “The big things go to the DOT and the DEC (NYS Department of Environmental Conservation), and then electric and gas. The DOT and the DEC are the two big players … and there are a lot of steps before any industry moves in anywhere.”

Previously: County planners take no action as Route 19 resident objects to Town of Le Roy's rezoning proposal

Photo at top: Eric Raines of 8564 Lake Street Road (Route 19), Le Roy, on his property to the west of his home. Photos at bottom: Field behind the Raines' property; view from the front of Raines' home, looking south. Photos by Mike Pettinella.

Jason Armstrong, 48, is charged with: two counts of first-degree rape; two counts of endangering the welfare of a child; and one count of second-degree strangulation. He was arrested at 12:34 a.m. June 28 after an investigation of an incident at 12:18 a.m. that morning on Hutchins Place. He is accused of forcibly raping a person in front of their children. He was arraigned later that morning in Batavia City Court and put in Genesee County Jail without bail.

Melton Chisom, 46, was arrested at 3 a.m. June 24 on Maple Street in the City of Batavia. Chisom is charged with: second-degreed assault; criminal possession of a weapon in the third degree; and second-degree menacing. The charges stem from an incident June 24 in which it is alleged that Chisom engaged in a physical altercation with another person and held a knife to the victim's face, causing injury which required stitches. Chisom was processed at BPD, arraigned in city court and put in jail with no bail. The defendant is due back in court on July 21.

Dawn Orlando, 51, was arrested on June 25 on Wood Street in Batavia. She is charged with endangering the welfare of a child and criminal obstruction of the breathing of a person less than 17 years old by putting pressure on the person's neck. After arraignment in Batavia City Court, she was released on her own recognizance. She is due back in court on Aug. 5.

Brandon Dodd, 34, was arrested June 15 after an investigation alleging he violated a stay away order of protection by being on the protected party's property at 3:44 a.m. June 14 and entering a secured garage. Following his arraignment in Batavia City Court on third-degree criminal trespass and second-degree criminal contempt, he was put in Genesee County Jail in lieu of $2,500 cash bail; $5,000 bond or $7,500 partially secured bond.

Brandon Dodd, 34, was arrested on June 26 and charged with petit larceny. It's alleged that he stole a bicycle from a residence on Highland Park at 1:08 a.m. Tuesday, June 22. Dodd was issued an appearance ticket and is due in Batavia City Court July 6.

Brandon Dodd, 34, was arrested June 26 by Batavia Police Officer Peter Post for petit larceny. It is alleged that Dodd stole alcoholic beverages from a local business at 8:23 p.m. June 23 on Lewiston Road. He was issued an appearance ticket for Batavia City Court and is due there July 6.

Brandon Dodd, 34, was arrested at 10:24 p.m. on June 29 following an investigation into an incident that alleges he violated a stay away order of protection. He is accused of being in the home of the protected parties while they were inside the residence. Dodd was arraigned in Batavia City Court and bail was set at $10,000 cash, or $20,000 bond, or $40,000 partially secured bond.

Sabrena Randall, 45, was arrested on a City of Batavia Court bench warrant on June 25. It stems from an unspecified incident on Sept. 22 on West Main Street. Randall was arraigned in Batavia City Court and held on $1,000 cash, $2,000 bond, $5,000 partially secured. She is scheduled to return to court on July 26. She was also arrested June 25 on a second warrant, given the same bail options and return date for a second unspecified incident.

Phillip Heale, 42, was arrested at 5:11 p.m. June 23 on Linwood Avenue in Batavia. He is charged with second-degree criminal trespass. It is alleged that he illegally entered a vacant residence on Linwood Avenue. Heale was issued an appearance ticket and is due in Batavia City Court July 26.

Thomas Tacito, 61, was arrested for second-degree criminal comtempt after a verbal dispute. The victim has a full stay away order of protection against him and the victim alleges Tacito engaged in a verbal argument with him at 4 p.m. June 27 on North Spruce Street in the city.

Donovan Johnson is charged with: third-degree criminal mischief; criminal mischief in the fourth degree; endangering the welfare of a child; third-degree mischief; and second-degree harassment. On June 24, Batavia police arrested Johnson after responding at 11:41 p.m. to a Hutchins Street address for the report of an incident in which Johnson allegedly caused damage to the walls and some property belonging to the victim while in the presence of four individuals under the age of 18. Johnson was held at the Genesee County Jail until his arraignment in Batavia City Court at 11:01 a.m. Johnson was released on his own recognizance with a return date of Aug. 19.

Christopher Wiegman, 32, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and one count of criminal possession of a controlled substance in the fifth degree -- all stemming from a traffic stop at 10:30 a.m. April 4 on East Avenue in Batavia. He subsequently had two arrest warrants and turned himself in on those on an unspecified date. He was arraigned in Batavia City Court and jailed without bail pending his next court appearance Aug. 5.

Stephanie Peterson, 43, was arrested at 9:58 p.m. Nov. 22 on Clinton Street and charged with aggravated unlicensed operation in the third degree. She was also given an appearance ticket for the charge and is due in Batavia City Court on July 21.

Reanne Reed, 26, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; speeding; open container of alcohol in vehicle. Reed was arrested after a traffic stop for speeding on Bogue Avenue at 8:57 p.m. on June 28. She was released with tickets and is due in Batavia City Court July 13.

Wendy Henry, 36, was arrested June 29 on a bench warrant for alleged failure to appear in Batavia City Court court regarding an incident that occurred at 5:37 a.m. Jan. 26. Henry was released with an appearance ticket to be in court on July 14th.

Michael Jackson Jr., 40, was arrested July 1 on a warrant out of Batavia City Court. He had previously been issued an appearance ticket for petit larceny and a warrant was issued for failing to appear in court as required. He was arraigned in Batavia City Court, held on $100 bail and is due in city court July 29.

Village of Le Roy leaders bid farewell to their longtime “go-to person” in grand fashion this afternoon with a surprise gathering of about 75 family, friends, colleagues and civic leaders at the Village Hall, followed by a police-led parade down Main Street to a reception featuring an appearance by Sen. Edward Rath at the Le Roy Country Club restaurant.

Coordinated by Village Mayor Greg Rogers with help from staff and volunteers, the community celebrated the career of Sharon Jeary, who worked for the village for 44 years, including the last 19 as clerk-treasurer.

Jeary, a Le Roy native (maiden name: O’Geen) and Notre Dame High School graduate, walked out of the front door of the office building shortly after noon and was greeted by Rogers, who showed her the Rose of Sharon tree that has been planted in her honor.

As she turned the corner toward the parking lot, that’s where she encountered a long line of well-wishers applauding loudly and ready to show their appreciation. As would be expected, her reaction was one of astonishment.

“I’m absolutely flabbergasted and so humbled by how wonderful everybody is. I love my village,” she said.

Jeary’s first day on the job – as an office assistant – was Nov. 28, 1977. She advanced to full time two years later and became the clerk-treasurer in 2002, following a 15-year stint as deputy village clerk.

After Jeary accepted hugs from everyone, the Rev. Jack Hempfling of Living Waters Church led a group prayer of blessing. Then everybody got into their cars and followed Police Chief Greg Kellogg's vehicle, other patrol cars, and fire department and emergency vehicles – with sirens and lights engaged -- to Le Roy Country Club for part two of the tribute.

It was there that Rath, representing the 61^st Senate District, congratulated Jeary and presented her with a proclamation from the New York State Senate.

“In 1977, a gallon of gas was 62 cents and a gallon of milk was 13 cents,” Rath said. “So, ladies and gentlemen, a lot has changed since 1977 -- but not the commitment and the resolve and the hard work that Sharon Jeary had for the people of this wonderful community.”

Rath, reading from the proclamation, said that Jeary “rendered faithful and conscientious and valuable service to the community.”

“During her tenure as clerk-treasurer, Sharon earned the esteem and affection of her colleagues. She has demonstrated outstanding service and leadership in her beloved community. Throughout the years, she has had the love and support of her husband, David, and her two children, David and Mark.”

Genesee County Legislature Chair Rochelle Stein, a Le Roy resident, said Jeary made quite an impact “as evidenced today here by your friends, your family and your coworkers who have come to understand your commitment, your conscientious care of every single member of the boards that you’ve served, and more importantly, your community.”

She then presented Jeary with proclamations from Assemblyman Steven Hawley and the count legislature.

Then, jokingly, she added: “We will miss the work that you do, lovingly, on behalf of all of us, and wish you the absolute best in your retirement – and don’t stay home every day with David.”

Village Historian Lynne Belluscio used the occasion to have some fun with Jeary, bringing gifts from Historic Le Roy House, home of the Jell-O Gallery and Museum Shop.

After extending an invitation for Jeary to volunteer at the gallery – teaching visitors how to correctly pronounce Le Roy (leh-roy), she gave her boxes of the four original Jell-O flavors (strawberry, orange, lemon and raspberry), a T-shirt, license plate holders proclaiming, “Le Roy, NY – Birthplace of Jell-O” and two lemonade cans attached by a string.

“It’s always, 'call Sharon,' ” Belluscio said. “You got a question? 'Call Sharon.' 'I need a permit.' 'Call Sharon.' 'She’s at lunch; when can I get a hold of her?' 'Call Sharon.' So, I’m kind of concerned that you’re not up there … So, you and I are going to stay in contact …”

LeRoyan Kay “Pudge” Steen, clerk-treasurer prior to Jeary taking that position, related that in Jeary “I not only had a coworker, I had one of the best friends I have ever had.”

“I wish you nothing but lots of happiness and good health, and I love you.”

Rogers then presented Jeary with the “Key to the Village” plaque, and afforded the guest of honor a chance to address her fans before inviting everyone to the privately funded hors d’oeuvres and refreshments under a big tent.

“I couldn’t have done my job without the support of my family and my friends. Everybody was always there for me and I really appreciate it,” she said. "We have a wonderful village. I love my village; I truly do. Thank you all so much for coming.”

“To my mayors and boards of trustees, you we’re all great and I enjoyed working with them all. It never seemed like a job to me. I always enjoyed what I did. It has been great over these years.”

Photos at top: Sharon Jeary and Greg Rogers standing next to the Rose of Sharon tree that was planted in her honor; a sign at Le Roy Country Club restaurant recognizing Jeary's career. Photos at bottom: Rev. Jack Hempfling offering a prayer of blessing upon Jeary's retirement; Police Chief Greg Kellogg leads the parade to the golf course restaurant; Sen. Edward Rath presents a proclamation to the longtime village clerk-treasurer; Jeary holds the "Key to the Village" as Rogers looks on. Photos by Mike Pettinella.

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

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

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

The board voted unanimously to accept her resignation last night.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Letter:

Good morning Batavia Staff, 

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

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

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

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

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

These are but a few of those achievements and highlights:

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

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

Enjoy your holiday weekend.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure: Mike Pettinella is the media specialist for GCASA.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• In Nov. 2019, Wright was accused of violating an order of protection and charged with criminal contempt.
• Later that month, Wright was charged with larceny, harassment, and endangering the welfare of a child for allegedly stealing money from a person less than 17 years old while in City Centre.
• In March 2020, Wright allegedly caused a disturbance at the Sunoco Gas Station on West Main Street in Batavia and was charged with burglary, assault, and criminal mischief.
• The next month, Wright was accused of running down a person on Highland Park in Batavia while driving a silver sedan. He then allegedly fled the scene on foot. When taken into custody, he allegedly resisted arrest and damaged property at the police station. He was charged with attempted assault, 1st; resisting arrest; obstructing governmental administration, 2nd; criminal mischief, 4th; criminal nuisance, 2nd; and harassment, 2nd. Wright answered to the charges in City Court and bail was set at $10,000 cash, $20,000 bond, or $50,000 partially secured bond. It's unclear if he posted bond or bail but he was released from custody.
• In May 2020, Wright was accused of sexual conduct with a person less than 15 years old and charged with two counts of criminal sexual act in the second degree and two counts of endangering the welfare of a child.
• In July 2020, Wright was arrested on a pair of warrants, one for alleged failure to pay a fine, the other for an alleged failure to appear in court.
• Wright's most recent arrest came earlier this month. Wright was arrested on a Batavia City Court Warrant and charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City Manager Rachael Tabelski thanked Napolitano for his work.

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

LEAVING IS ‘VERY BITTERSWEET’

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

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

Napolitano said the situation is “very bittersweet.”

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

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

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

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

HERBERGER TO STEP IN

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

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

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

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

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

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

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

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

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

KEY IS TREATING PEOPLE RIGHT

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

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

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

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

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

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

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

The house was a total loss.

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

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

No firefighters were injured during the incident. 

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

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

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

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

Photos Courtesy Todd Rapp.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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