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County needs to establish policy for taxes on new solar projects

By Howard B. Owens

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The state provides a tax exemption to industrial solar projects and until recently county officials didn't realize they had any say on whether to allow these exemptions.

Typically, the projects are built on farmland and the county can continue to tax the property at the established assessed value, but if the solar farm increases the assessed value of the land -- typically 10 acres -- then the property is exempt from taxes on the amount of the assessment increase.

The options for the county are to opt-out, through a local law, on the tax exemption, or establish a PILOT on projects on a case-by-case basis.

PILOT stands for Payment In Lieu of Taxes, and typically a PILOT ramps up the amount of payments made as a percentage of the increase in assessed value over a period of years.

Under state law, the solar farm properties are exempt from taxes on the increase in assessed value for 15 years for county, town and school taxes.

"I think everybody should be able to do what they want with their land but the real issue is the state telling us what we can’t tax them on," said Legislator Andrew Young during a discussion of the issue during yesterday's Ways and Means Committee meeting. "Because of that reason, I think we should at least do something to maintain a little control."

By consent, the committee agreed to have County Attorney Kevin Earl draft a local law to have the county opt-out of the exemption.

There are three solar projects under construction and all three were started before the county learned it had the choice to opt-out of the exemption or establish a PILOT.

The issue came to the county's attention because the builders of a fourth project on Pearl Street Road came to the county and volunteered to pay a PILOT.

That caused Legislator John Deleo to wonder why the company would volunteer for to make PILOT payments.

"I think they know counties are going to start taxing everybody, so they’re going to get ahead of it and don’t want to get stuck with the full no-exemption later on," suggested County Highway Superintendent Tim Hens.

It's unclear if the county can go back to the projects already under construction and void the exemption or require a PILOT.

The company with the project on Pearl Street Road told county officials that not only did they anticipate building other projects in the county, but that officials should expect more solar companies seeking farmland for solar farms locally.

The developers typically lease the farmland at $6,000 a year for 15 years.

Legislator Marianne Clattenburg said that should be a big concern to legislators.

"My fear is we have pretty reasonable land costs here and that these are going to pop up everywhere and it’s open season because Geneses County hasn’t really established any kind of policy regarding (solar farms)," Clattenburg said. "If other counties do start doing it, then we’re going to get the brunt of it all."

Legislator Shelly Stein noted that two of the three solar farms going in are on "wet land," less than prime farmland, and that she's aware of four projects proposed in Le Roy that were turned down by National Grid because the nearest power station is over capacity already.

Hens said the typical project is 2.5 megawatts and costs $5 million to build.

How they should be assessed has yet to be established.

If the Pearl Street Road project goes forward and PILOT is instituted, it won't produce any revenue for the county before 2020, maybe in 2019.

Kevin Andrews, deputy county treasurer, said the PILOT payments won't help the county increase its overall tax levy.

"There’s no overall revenue benefit to the county at that point," Andrews said. "It’s more of a shift so the solar companies are picking up a little extra versus the rest of the taxpayers."

Photo: Taken today of a solar project under construction off State Street Road near West Saile Drive.

WKBW-TV's Meteorologist Mike Randall performs 'A Christmas Carol' at GCC

By Billie Owens

Submitted photo and press release:

The Genesee Community College History Club is excited to kick off the holiday season as Charles Dickens, played by WKBW-TV's Meteorologist Mike Randall, presents "A Christmas Carol." All are invited to the College's Batavia Campus on Dec. 18 at 7 p.m. to enjoy this festive and heart-warming storytelling experience.

A multifaceted actor, Randall studied both theater and meteorology in school and since 1983, Randall has reported the weather on WKBW-TV in Buffalo. An award-winning reporter, his interview repertoire includes such talents as Willie Nelson, Jerry Lewis, John Candy, Steve Allen, Gregory Peck and Robert Goulet. This September, Randall was inducted into the Buffalo Broadcasters Hall of Fame.

Back in 1868, Charles Dickens toured the country bringing his classic novel, "A Christmas Carol" to audiences everywhere. Nearly century and a half ago, Dickens' performances were completely sold out in Buffalo.

For the last decade, with only a replica of Dickens' famous velvet, fringed reading lectern and a copy of "A Christmas Carol," Randall has been transforming himself into Dickens, recreating the original tour atmosphere in stages, halls, classrooms and many other venues.

Randall performs in a period costume with a beard and wavy hair, and through his expert theatrics he brings Charles Dickens to life. He plays each of the novel's characters with distinguishing voices and mannerisms capturing all of the subtle comedic timing of Dickens' original work.

The performance will take place at GCC's Batavia Campus in room T102 of the Conable Technology Building. Tickets for the performances are $15 in advance or $20 at the door. Advanced ticket purchases are strongly recommended as seating is limited! 

Proceeds from the performance will go to the Genesee Community College History Club.

"Coordinating the event is part of the service learning experiences for GCC students and members of the College's History Club," sais Derek D. Maxfield, GCC's associate history professor.

"This event is great opportunity for students to learn about the value of community engagement as well as history, and it is a terrific opportunity for local families and friends to enjoy a festive holiday event that is fun for all ages." 

For advanced tickets or more information, contact Associate Professor of History Derek D. Maxfield at (585) 343-0055 ext. 6288, or via email: ddmaxfield@genesee.edu.

Free lecture at GCC Dec. 6 on creating 'illegal immigrants' in 19th century America

By Billie Owens

Press release:

Genesee Community College's History Club proudly welcomes the public to the Batavian Campus to hear Orleans County Historian Matt Ballard present, "Fear of the Unknown: Creating the Illegal Immigrant in 19th Century America." 

The theme of immigration to the United States is a relative topic in current events, but the establishment of the "illegal immigrant" only dates back to the turn of the 20th century.

In the earliest years of immigration, Europeans were accepted without restriction, but an influx of new immigrants during the latter half of the 19th century raised concerns about potential impacts on American society. Uncertainty and unfounded fears created excessive restrictions focused on limiting access to specific ethnic/racial groups, religious groups, the disabled, the infirmed, and those likely to become a "public charge." 

This lecture, the fourth one in the fall Historical Horizons Lecture Series, will take place at 7 p.m. on Dec. 6 in room T102 of the Conable Technology Building at GCC's Batavia Campus.

The lecture is FREE, open to the public and an RSVP is NOT necessary. The lecture series is sponsored by the GCC History Club and the Barnes & Noble College Bookstore.

Grand Jury: Former Walmart employee indicted for allegedly entering bogus returns into computer system

By Billie Owens

Carlene V. Santiago is indicted for the crime of first-degree falsifying a business record, a Class E felony. It is alleged that on April 30, in the Town of Batavia, that Santiago acted with intent to defraud by making a false entry in the business records of an enterprise. She is accused of entering fraudulent merchandise return information into the Walmart computer system; it is alleged that her intent to defraud included the commission of another crime or to aid or conceal its commission. In counts two through five, Santiago is accused of the same felony on May 13, 27, 31 and June 4, respectively. In count six, the defendant is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing cash or property worth $622.67 between April 30 and June 4.

Marquis R. Brown is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Aug. 3, Brown knowingly entered or remained unlawfully inside a building on South Lake Road in the Town of Bergen with intent to commit a crime. In count two, he is accused of the unauthorized use of a vehicle in the third degree, a Class A misdemeanor. It is alleged in count two, that the defendant, knowing he did not have the owner's consent, took a 2006 BMW motor vehicle. In count three, Brown is accused of the crime of fourth-degree criminal mischief. It is alleged in count three, that without having the right to do so, he intentionally damaged property belonging to another person.

Stephen J. Turkasz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class C felony. It is alleged that on Aug. 30 in the Village of Corfu, that Turkasz drove a 2010 Chevrolet on Route 33 while holding a conditional license and while under the influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a misdemeanor. In count three, the defendant is accused of failure to keep right, a violation of vehicle and traffic law. In count four, Turkasz is accused of consuming or possessing an alcoholic beverage in a motor vehicle on a public highway. In count five, he is accused of the offense of refusal to submit to a breath test, another vehicle and traffic law violation.

Chris K. Mukendi and Darazian W.P. Williams are indicted for the crime of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged on on May 25, the defendants knowingly and unlawfully possessed a stimulant which weighed one gram or more -- about 1.8 grams of amphetamine/dextroamphetamine capsules.

Larcenies from vehicles reported in Batavia

By Howard B. Owens

Residents in the City of Batavia are reporting a spate of larcenies from unlocked vehicles, according to police.

There have been reports of cars being entered from various parts of the city for at least each of the past two nights.

Police remind residents to lock their vehicles at night.

Jankowski finishes second in semi-pro practical division at national gun competition in Virginia

By Billie Owens
 
Submited photo and press release:
 
Eugene Jankowski Jr. finished Second Place Semi-Pro in the Practical Division at the 2017 3 Gun Nation Nationals held Nov. 10-12 at Virginia International Raceway, Alton Va. He is president of the Batavia City Council and a retired City of Batavia police lieutenant.
 
3 Gun Nation Competitors qualify to compete in the national match based on performance in regional and club series matches held throughout the year. Competitors use three different firearms — a modern sporting rifle (MSR), that is, a rifle built on an AR-platform; a pistol; and a shotgun.
 
The national match consisted of eight different stages, fired over three days, and competitors were required to engage multiple targets in a variety of different shooting positions. A total of 144 competitors from all over the United States attended this year's event.
 
Video of Jankowski shooting stage 4 of the match can be found here, and stage 7 here.

East Pembroke Fire District to hold annual election Dec. 5

By Billie Owens

From East Pembroke Fire District Secretary William R. Joyce:

Please take notice that the annual election of the East Pembroke Fire District will be held on Tuesday December 5th, 2017, between the hours of 6 and 9 p.m. EST. It will be held at the East Pembroke Fire Department, located at 2620 Main Road, East Pembroke, NY 14056.

For the purpose of electing ONE(1) Fire Commissioner for the term of Five(5) years, commencing Jan. 1, 2018 and ending Dec. 31, 2022.

Petitions may be obtained by contacting William R. Joyce, 2539 Main Road, East Pembroke, NY 14056 or by calling 585-762-9913. Qualified candidates shall file their petitions signed by “25” registered voters of the East Pembroke Fire District.

Petitions must be filed with the East Pembroke Fire District Secretary no later than November 30, 2017.

By Order of the
East Pembroke Fire District William R. Joyce, Secretary

Larceny reported at Plaza Spirits in Eastown Plaza, Batavia

By Howard B. Owens

robbery larceny is reported at Plaza Spirits, 563 E. Main St., Batavia.

Police are responding.

The suspects are described as two black males. One is wearing a black jacket, black hat and glasses. The other is in a double-lined gray hoodie and glasses.

One suspect reportedly left the scene in a maroon 2004/2005 Chevy, possibly a Malibu, westbound on East Main Street. The other was last seen walking toward McDonald's.

UPDATE (By Billie) 2:14 p.m.: After police investigators spoke with personnel at the liquor store, it was determined that this was a larceny, not a robbery. No weapon or force was used. The suspects simply grabbed a cash box and ran from the store. The two black male suspects remain at large. Both are said to be between 40 and 50 years old.

(Editor's note: The initial dispatch indicated a bank robbery.)

More Christmas lights adorn Red Osier, community invited for tours

By Howard B. Owens

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If you drive past the Original Red Osier Landmark Restaurant in Stafford and think its holiday lights have a bit more twinkle this year, your eyes are not deceiving you.

Owners Tim Adams and Steve Foster are adding lights this year. Last year, they had a million lights on display and decided this year to boost the number to more than 1.5 million, but when they learned the DiSalvo family was taking the year off from its annual Christmas light display, the decided to add even more lights.

Soon, they'll have installed more than two million lights.

And Adams and Foster are doing all of the installation themselves.

"It makes you feel good," Foster said. "People drive by and say how good it looks and they think we've had help. We've done it all ourselves."

"Every light passes through our hands," Adams said.

With the DiSalvos' Fargo Road display on hiatus, Adams and Foster have decided to host two community days, Dec. 4 and Dec. 11. They are inviting children and their parents to walk the grounds and take in the lights. Santa will also be on hand to greet the children. Light viewing and the visit with Santa are free.

Red Osier will also open its smaller catering trailer, the lunch trailer, to serve sandwiches, cookies and hot cocoa.

Also, the restaurant will be open on Thanksgiving, serving traditional Thanksgiving dinners, with a portion of the proceeds benefiting local charities.

Residents on Tracy Avenue report unknown type explosion in basement

By Howard B. Owens

Residents at 43 Tracy Ave. report an unknown type explosion in their basement.

They've been advised to evacuate.

City fire responding.

UPDATE 11:56 a.m.: Possible furnace malfunction. No smoke or flames at this time. Investigating.

Police receive complaint of two men beating small dog

By Howard B. Owens

Two men have reportedly been seen beating a small dog, possibly a terrier, in the area of Liberty Street.

The two men, both wearing dark clothing, are reported to now be in the area of the Pok-A-Dot.

Police are responding.

UPDATE 2:21 p.m.: Police said they arrived within two minutes of the initial call and no one was around, neither was a dog.

UPDATE 4:45 p.m.: Nicole Johnson witnessed this event and says, “Saw the whole thing at the Pok-A-Dot. Dog got away and weaving in and out of traffic on Ellicott Street. The two were chasing the dog, not beating it. Rest assured. They were hugging and kissing it when they finally got it. The young boy was in his socks running down the street to get the dog. The dog was safe! And happy to be caught by the two. No abuse was seen.”

DOT to hold information session to discuss traffic safety at Route 77 and Ledge Road, Alabama

By Howard B. Owens

Press release:

The New York State Department of Transportation will hold an information session on Tuesday, Nov. 28 to discuss proposed plans for a project to improve safety at the intersection of Route 77 and Ledge Road in Alabama, Genesee County. The meeting will be held in an open house format from 4 to 6 p.m. at the Alabama Fire Hall, located at 2230 Judge Road. No formal presentation will be given.

The preferred alternative is to build modern roundabout. The proposed project will improve safety at the intersection by reducing crashes. A preliminary layout of the roundabout will be available to view and discuss with NYSDOT representatives.

Construction is slated to begin in the spring of 2019.

The location is accessible for people with disabilities. If anybody requires special accommodations to participate in this public outreach, please contact Colleen Williams by Nov. 20 at 272-3363 or by e-mail at colleen.williams@dot.ny.gov

UPDATED: Photo: Bank Street closed

By Howard B. Owens

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Bank Street is closed today for water line repairs.

The work will result in service disruption for some water customers in the area.

UPDATE 1:46 p.m.: Bank Street is reopened.

Town of Batavia's 2018 budget retains $2.64 per thousand tax rate

By Mike Pettinella

Batavia Town Supervisor Gregory Post says he sees three positives in the municipality’s 2018 budget, a $5,052,614 spending plan that was adopted tonight at the Town Board’s monthly meeting at the Town Hall on West Main Street Road.

“We’re reducing overall spending, we’re keeping the taxes flat and we’re maintaining steady growth,” Post said following the meeting.

Post was pleased to report that the tax rate will remain the same as 2017 -- $2.64 per thousand of assessed valuation – although the amount to be raised by taxes increased slightly from $1,000,000 to $1,008,000.

For a town resident with a home assessed at $90,000, the yearly tax bill will be $237.60.

Overall spending in this year’s budget, including general and highway funds, goes down slightly from the $5,140,462 figure in 2017.

“(The final budget) is pretty consistent from the preliminary budget, and we may see an additional uptick in revenue – north of $6,000,” Post said, noting that final revenue numbers won’t be available until after the first of the year.

However, he said he is apprehensive of what will come from negotiations with Genesee County on the sales tax agreement, hoping that the share to the Town doesn’t decrease.

The supervisor praised the Town’s staff for “being pretty efficient" -- "most of the employees wear two to three hats,” he said -- and touted the Town’s efforts in attracting “millions of dollars in grant funding” to create opportunities for economic development.

“We’re also seeing some of the PILOTS (payments in lieu of taxes) coming off properties,” he said. “On one parcel (where the PILOT ended) we made an additional $48,000, which could stabilize and perhaps offset (any loss in sales tax revenue)."

He also pointed to the board’s decision to take out a five-year bond to finance a new nine-ton excavator from Admar Supply Co., based in Buffalo, as a fiscally prudent move. Admar submitted the lowest of four bids -- $102,687.

“Rental costs have been going up,” Post said, “so we felt that purchasing one with the use of serial bonds would be the best way to go. Now, when we need it, we have it (instead of using a neighboring town’s excavator).”

The board also appropriated $542,934 from the unexpended fund balance to keep taxes in check, up from the $475,808 that was used for the 2017 budget.

Post said the Batavia Fire District tax rate is expected to remain the same as last year (that will be approved at the Dec. 20 meeting), and that the Town’s water and sewer rates show “single digit increases.”

The base residential water rate for May 2018 to February 2019 is set at $5.36 per thousand gallons and the agricultural water rate for the same period is $3.87 per thousand gallons. The sewer rate is $6.68 per thousand gallons for one year beginning Jan. 1, 2018.

In other developments, the board:

-- Signed on to an agreement with the Town of Alabama to operate and maintain that municipality's water distribution, a 255,000 linear feet system that essentially covers the entire town.

-- Approved a contract with New York Municipal Insurance Reciprocal for $65,516.04 to provide health insurance coverage for one year, starting on Nov. 27. The cost includes cyber coverage.

-- Authorized payment of $1 for an easement on Call Parkway for the contractor of the new Mercy Flight building to install 450 feet of water main.

-- Voted to buy of a new 10-foot snow pusher blade from George & Swede Sales & Services of Pavilion for $2,245, agreeing to trade a 96” HLA front-end loader bucket in the deal.

-- Approved a three-year commitment at $10,000 per year to CY Farms for the latter’s development, operation and maintenance of the Batavia Sports Park soccer fields on Bank Street Road, and the funding of four summer youth recreation programs for 2018: City of Batavia ($3,442), Oakfield-Alabama ($997), Elba ($906) and Byron-Bergen ($906).

-- Accepted two property donations to benefit the Ellicott Trail pedestrian/bicycle project – one from Oakwood Hills LLC off East Main Street Road to relinquish abandoned railroad land and the other from Ellicott Station LLC.

Sponsored Post: Reasons to hire an attorney for a workers’ compensation claim

By Lisa Ace


Reasons to hire an attorney for a workers’ compensation claim:

  • 1. The workers’ compensation system is complex, confusing, and often difficult to navigate.
  • 2. We will look out for your best interests, fight on your behalf against the insurance carrier to maximize your benefits, and make sure your questions are answered.
  • 3. In some cases, you may be entitled to a financial award, even if you did not miss any time from work as a result of your work-related injury.
  • 4. The insurance carrier will have a team of attorneys working on their behalf, having an attorney fighting on your behalf helps to level the playing field.

Please call Kristin Allen at Dolce Panepinto 585-815-9003 for any of your workers’ compensation needs.

No evidence found yet that barn fire Friday night was intentionally set

By Howard B. Owens

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Investigators have yet to determine how a fire started Friday night that destroyed a barn and killed livestock at 1239 Judge Road in Alabama.

There was an initial report that somebody was seen running from the scene just before the fire broke out but Investigator Chad Minuto said no witnesses interviewed so far corroborates that story.

"We don't know where that report came from," he said.

Minuto said several interviews have been conducted and there are several more to take place to try and uncover what people know or saw. At the time, investigators from the county's Emergency Management Service are sifting through evidence to try and determine the cause and origin of the fire.

There is no evidence to emerge yet that the fire was intentionally set.

All of the horses and cows that were in the barn have been accounted for, Minuto said, but all of the rabbits, goats, and sheep, except either one goat or sheep, perished in the fire. That goat or sheep came out of the barn after the fire was out and Minuto said it's his understanding that animal may not be in good health.

Committee meets to begin putting together strategic investment plan for Downtown Revitalization Initiative

By Maria Pericozzi

The first of many committee meetings to develop a plan for the city to put to use its $10 million Downtown Revitalization Initiative award was held Tuesday evening at City Hall.

A group of 20 people representing different areas of the community were asked to be a part of the committee. Ed Flynn, a member of the Planning and Development Committee, said it is a cross section of the community, in terms of businesses, agencies and residents.

“This is an opportunity for the community,” Flynn said. “It is also a responsibility for the community. It’s a lot of money. That’s why we’re putting together a Strategic Investment Plan so that we have some kind of strategy to take that $10 million and make sure there is some kind of impact on the community.”

The six-month schedule for the plan is aggressive, Flynn said. There will be multiple committee meetings, and public meetings before the final draft is submitted.

“We need to push this and get it done by the end of March,” Flynn said.

Batavia was one of 10 communities awarded the $10 million as part of the statewide DRI competition. The goal of the grant is to transform downtown neighborhoods into vibrant communities where the next generation of New Yorkers want to live, work and raise families. The winning communities are awarded $10 million to develop a downtown strategic investment plan and implement key catalytic projects to advance the community’s vision for revitalization.

“It’s not just jobs, it’s not just investments, it’s not just public spaces, it's all of those things together that create a vibrant downtown,” Flynn said.

Projects need to be submitted by Dec. 8 to be considered. Flynn said he will hold a Nov. 21 information session for business owners, nonprofit organizations, and others interested, who want to submit a proposal.

While not every idea submitted will be funded by the grant, Flynn said they will look at multiple projects for the 90-acre boundary in Batavia.

“There might be some other projects that we might recommend to not be funded by the grant,” Flynn said. “But they may be useful for the future revitalization of downtown Batavia, so we will keep them in the plan.”

Multiple projects for different places in the community were introduced for Theater 56, Jackson Square, the City Center, and the Masonic Temple.

Projects on the plan should fall into one of four categories: Public improvements, significant private development projects, revolving loans and grants, and branding and marketing.

On Batavia’s application, the project will focus on arts, culture and entertainment, healthy living and wellness, and prosperity for all. The committee members discussed goals they would like to stick to decide what to focus on when choosing projects.

Steve Hyde, the president and chief executive officer of the Genesee County Economic Development Center, said the focus should not be on what will create jobs. 

“What we want is to make these investments to create vibrant spaces and vibrant places,” Hyde said.  “If we can make those investments to do that, the jobs will follow.”

After editing the original vision statement, the committee decided the new statement is, “Batavia is all-in to reshape its urban core by embracing and building upon its rich entrepreneurial history, fostering cultural appreciation and creating a healthy, vibrant community to benefit all.”

Erica O'Donnell, a resident in Batavia, said she is one of those "terrible Millennials," but she would like to see more projects to attract young families with children. 

"We have a unique opportunity, being between Buffalo and Rochester, to draw Millennials here," O'Donnell said. 

The next public meeting has not been scheduled yet but will be posted on the Batavia Downtown Revitalization website along with other updates, here.

Andrew's Invention featured on WGRZ

By Howard B. Owens

Andrew Young Jr., the Alexander High School student who came up with the idea of a toaster that shoots toast onto a plate, leading to a spot as one of five finalists in a nationwide contest with a $250,000 prize, was featured on WGRZ's morning news show today.

There are only 12 days left to vote. You can vote every day on every Internet-connected device you access. Visit AndrewsInvention.com for more information and a link to the voting page.

Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
Tags: garage sales

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