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Elba Girls defeat Pembroke on the road 63-41 to win two straight

By Howard B. Owens

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Behind another big game for Sydney Reilly, who scored 28 points, Elba picked up its second straight win in Girls Basketball, beating Pembroke 63-41.

Reilly had six rebounds and four assists.

Haile Scouten scored 13 points and six rebounds along with five blocked shots.

Lydia Ross scored nine and had six steals.

Kennedy Augello scored eight points, had five rebounds, and four assists.

Isabel Breeden scored 20 points for Pembroke. Ellie Peterson scored six points.

 “The girls are really starting to buy into our defensive end of the floor, which helps our offense," said Elba's coach, Charlie Pangrazio. "Early in the season, we got a little lackadaisical on that.  These last two games tonight and versus Kendall, we really brought that together, our defense has really taken off."

Elba is now 4-7, and after its fourth-straight loss, Pembroke is 4-9.

Also, in Girls Basketball on Tuesday:

  • Notre Dame beat Kendall, 59-15. Amelia McCulley scored 33 points, 11 rebounds and six steals. Avelin Tomidy scored 10 points, and Emma Sisson scored seven and had 11 steals. The Irish are now 10-1 on the season.
  • Alexander improved to 10-4 with a 36-26 win over Byron-Bergen. For the Trojans, Alyssa Kramer scored 17 points.
  • Oakfield-Alabama beat Batavia, 44-27. O-A is 11-1.  Batavia is 0-12.

In Boys Basketball:

  • Batavia beat Livonia, 64-48. Carter McFollins scored 20 points, Sawyer Siverling, 16, and Mikey McKenzie, 10. Siverling hit four three-point buckets. The Blue Devils are 9-2.
  • Le Roy beat Pavilion, 66-36.  Merritt Holly, Jr. scored 20 points.

To view or purchase photos, click here.

Photos by Steve Ognibene

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Truck off the Road on Route 19 in Le Roy.

By Howard B. Owens

A tractor-trailer is reportedly off the road at Route 19 and Vallance Road in Le Roy.

The caller reported that the tractor-trailer ran a stop sign. She didn't stop. "She doesn't know if he had a medical issue or not." 

Unknown injuries.

The trailer is still partially in the roadway.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 9:55 a.m.: Law enforcement is handling the call. Le Roy Fire and Le Roy Ambulance are back in service.

UPDATE 10:24 a.m.: A second accident is reported at the location. State Police on scene. Airbag deployment. No injuries. Requesting evaluation. Le Roy Fire and Le Roy Ambulance dispatched.

Spend a lot or spend nothing on old technology? Not a tough choice for GC legislators

By Joanne Beck

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Replacing a video wall at Genesee County’s Emergency Services Dispatch Center could cost upwards of “a quarter-million dollars,” Frank Riccobono says.

Or, there’s the other option of getting rid of the wall altogether and not spending a dime.

County legislators are leaning towards option B.

Riccobono, director of Emergency Communications, reviewed the issue of the video wall — a relic once used at the dispatch center and is now outdated and therefore of no value to emergency services. The wall had been evaluated for its future, if any, use and expense as the dispatch center is being updated.

Sheriff William Sheron, Riccobono and the IT director determined that the existing video wall should be removed and disposed of. The department has an agreement with Activu, located at 301 Round Hill Drive, Rockaway, NJ, to do the work at no charge to the county.

The county attorney reviewed the agreement and recommended that the county enter into the agreement, and the Ways & Means Committee also agreed to the same at a prior meeting.

Human Services members concurred that it is the best course of action, and voted to move it on for a full Legislature vote.

A video wall projects various data onto screens attached to highly visible walls throughout the center. They come in especially handy during events such as what the county just experienced this past Christmas, Riccobono said.

“Thankfully, we don’t get the events all the time, but we do need these (video walls) when they do happen,” he said. “Typically, the calls we get in a week, we took in two days.”

He said that out of thousands of calls the dispatch center took during Winter Storm Elliott,  less than 30 calls were lost when people hung up. Otherwise, dispatchers were able to trace their numbers and track them down.

“I’ve never seen as many people panicked,” Riccobono said. “People were in fear for their lives. Many were woefully unprepared.”

File photo of a county dispatch center video wall, by Howard Owens.

City's P&DC approves market rate apartments, exterior improvements for downtown Batavia

By Joanne Beck

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There was nary a peep of concern or complaint from the public about plans for upper-level apartments at 97 Main St. in downtown Batavia during a public hearing Tuesday evening at City Hall.

That didn’t really surprise applicants Victor Gautieri of VJ Gautieri Constructors and Stephen Fitzmaurice of Hunt Property Solutions. After all, the plan falls in line with what other business owners have done already to transform their properties lining Main and Jackson streets — operating shops, restaurants, breweries and the like downstairs while renovating upper floors for living space.

Members of the city’s Planning and Development Committee, however, had a few questions and areas of concern.

Member Ed Flynn asked for clarification about a window that looked on a site plan to be the size of a door. It wasn’t a door but, in fact, a window, Gautieri said.

Plans were to replace some of the windows with double-hung versions so that they could open for better ventilation; to add a terrace at roof level with a 42-inch-high railing leading to that terrace; an exterior dumbwaiter to haul up groceries or similar bulky items from the alley; and a tote enclosure for trash and recycling storage, he said.

All materials used would be in keeping with existing colors and aesthetics, he said. Chairman Duane Preston asked if anyone could access the dumbwaiter, and there will be a lock on it solely for tenants’ use, Gautieri said.

“It’s very small … for a few grocery bags. There’s a lockable door,” he said.

Members liked the look of the rooftop terrace, but had concerns about the area’s wind: would furniture be weighted down or otherwise secured? It would most likely be secured, Gautieri said, as he and Fitzmaurice then suggested that perhaps tenants could bring their own chairs up there with them and then bring them back downstairs.

They also discussed whether the terrace could be seen from street level, and Gautieri said not from Jackson or Main streets, though probably from a distance as people were farther away. Other questions confirmed that the units would be one-bedroom each, the remaining windows would be left intact, a replacement side door would be a dark bronze and augmented with an awning, and the integrity of the historic architecture would stand.

Member Rebecca Cohen was concerned that there wouldn’t be enough totes — two for trash and two for recycling — for four apartments.

“I feel like with tenants in four units, you're gonna end up with garbage bags sitting in front of it on garbage night,” she said.

Gautieri conducted his own informal study, he said, and feels confident in his conclusion.

“We have 10 apartments, three two-bedroom and seven one-bedroom apartments. And we have a very small, the smallest you can get, Dumpster. And that is filled to a quarter or a third. We're not counting people who throw stuff in there from outside the apartments, but we're lucky the only time that ever got any more than that was really around Christmas time. So that was my recommendation with Steve, and I tried to give him some information on what was happening with our property,” Gautieri said, as Fitzmaurice shared his perspective. “Among other properties that we manage, we just took over a condominium on the west side of Buffalo. And we went through the same thing. We got everybody a full-size trash bin and a recycling bin. And after about two months of that, people said, can you get rid of half of them? Because they were just empty and bulky and so on and so forth. So that's what we did. So my experience is the same as Victor’s. The apartments just don't seem to generate a whole lot of trash."

Fitzmaurice added that they can always add more totes later if necessary.

“I hate to see the city get a problem of pest control, now that we're building apartments downtown,” Cohen said.

Concerns aside, all members — Cohen, Preston, Flynn, David Beatty and Derek Geib — approved the request for a special use permit. That was needed to change the current status of Commercial zone C-3 to Residential R-2. A start date was listed on the application as Feb. 1; however, Gautieri said that a beginning and ending date will depend on when final pricing comes in and when National Grid and National Fuel can be arranged for setup.

“Let’s say we begin on March 1, then count five months from then,” he said.

The apartments will be set at market rate, which would be approximately $1,500 per month, but that’s not set in stone at this point, he and Fitzmaurice said.

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In other committee action, a project by owner Brad Trzecieski to make exterior alterations to a mixed-use building at 327 Ellicott St., Batavia, was also approved. The property has a commercial use in the front and residential in the rear of the site.

Top Photo of Victor Gautieri, left, and Stephen Fitzmaurice representing an apartment project at 97 Main St., Batavia, during a city Planning and Development Committee meeting Tuesday at City Hall, by Joanne Beck. Photo above, 327 Ellicott St., Batavia, gets approval for exterior renovations during the committee meeting. Photo by Howard Owens.

Jail construction not even at .5 percent of contingency budget, is doing 'fabulous,' project manager says

By Joanne Beck

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Changes to the original $70 million new county jail plans have included about $90,000 in structural, product and utility revisions, senior project manager Carl York says.

York gave the latest review of the project on West Main Street Road during Genesee County’s Human Services Committee meeting Tuesday.

“Some of these were items that just weren’t on the drawings. And so there’s a supplemental instruction that came out in the contract … so again, changes that are happening on the project. So far, we’ve had 46 instructions,” York said. “That’s about where I would expect it to be. None of these were huge changes. Some of them are just things that weren’t picked up on their original set of documents. And they have to be done. There’s been no issues so far from the Commission of Corrections.”

Having to add some precast, revising the type of flooring, making structural revisions to a pod and also to plumbing and gas provisions made for processing nearly $90,000 of change orders in December, York said.

All of the extras are not a concern, he said, as there is plenty of contingency funding for such needs. The first jail cell was delivered to the jail site this past week, and installed on Friday, Jan. 13. During the next two months or so, a total of about 100 cells will be installed at the property adjacent to County Building #2 and the Animal Shelter.

County Legislative Chairwoman Shelley Stein asked if those changes were above and beyond the $70 million project cost, and York said no.  In fact, the cost is at “.4 percent, not even .5 percent of your entire project cost,” he said.

“You’re doing fabulous,” he said.

Stein wanted that fact to be emphasized, given the possibility that some legislators had thought recent change orders were piling up to mean a larger price tag for the jail, a big ticket item not readily accepted by everyone in the county as it is.

“Good, that should just be made really clear to all of our legislators here, because we certainly did hear some conversation after the last approval that … now it's 70 million plus,” Stein said.

York assured her that “It is not $70 million-plus.”

During the transport phase of the jail cell last week, County Manager Matt Landers said that he's pleased the project is so far coming in under budget.

The Department of Corrections has contacted The Pike Company, lead for the project, and a meeting is being set up for later this week to review jail plans, York said.

File Photo of Carl York, senior project manager, of The Pike Company, by Joanne Beck.

Accident reported on Route 77 in Darien

By Howard B. Owens

A two-car accident is reported in the area of 11064 Alleghany Road, Darien.

Unknown injuries.

Darien Fire and ambulance dispatched.

UPDATE 5:11 p.m.: Mercy EMS requested to the scene.  No word on injuries yet.

UPDATE 5:16 p.m.: Southbound lane is blocked.

UPDATE 5:19 p.m.: Two vehicles, one occupant in each.  Both are saying no injuries. They are likely "sign-offs."

Deputy cleared in fatal motorcycle crash in Stafford after chase in July

By Howard B. Owens

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A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.

Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.

The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.

In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.

Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident. 

"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."

He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."

Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.

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The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5.  The radar indicated the motorcycle was traveling at 150 mph.

Hoy entered the lane of traffic and activated his emergency lights.

The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.

Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.

The motorcycle turned left on Batavia-Stafford Townline Road.

Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph. 

A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.

Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.

Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.

He deactivated his lights and siren and slowed his speed, and continued southbound. 

At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.  

His speed at that intersection was 53 mph. 

Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.

When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.

According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer.  Keiffer would later be pronounced dead at the scene by a county coroner. 

Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police.  DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.

Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.

Evidence
Rzepecki described the intersection in his report. 

Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph.  The posted speed limit is 55 mph.

Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation. 

Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows.  Investigators determined it was at that point that the motorcycle overturned and struck a signpost.

Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges.  There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.

Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."

The driver was ejected and sustained fatal injuries, Rzepecki reported.

Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.

Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph.  Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point.  At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.

Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud.  Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."

In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.

Among those witnesses was the mother of Keiffer's girlfriend. 

Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.

Top Illustration: Screenshot of an illustration in the State Police report.  For a higher-resolution version, click here.

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Accident scene photo from July 6 by Howard Owens

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Screenshot of illustration in State Police report.

Health Department encourages home radon testing

By Press Release

Press release:

January is Radon Action Month, an annual observance that focuses on increasing the public’s awareness of the health risks of radon and how you can take action. Radon is a naturally occurring radioactive gas that has no smell, taste or color. When radon forms from the breakdown of uranium found in soil, it can enter a home through cracks in the walls, basement floors, foundations and other openings.

According to the United States Environmental Protection Agency (EPA), radon is the second leading cause of lung cancer and claims the lives of approximately 21,000 Americans each year. This January, we are encouraging all homeowners, renters, real estate agents and building managers to conduct radon testing. The New York State Department of Health (NYSDOH) recommends testing for radon during the buying/selling of a home, after doing a major renovation, and every two to five years, depending on previous radon level readings.

The EPA and NYSDOH have identified Genesee County as having a high average indoor radon screening level greater than 4 pCi/L (pico curies per liter). The good news is, testing your home with a short-term radon test kit is a quick and easy way to determine if there are high levels of radon present in your home. The test kits are easy to use and contain basic instructions on how to receive the most accurate results when testing your home for radon.

“The only way to know if high levels of radon are present in your home is by testing your home for radon,” stated Paul Pettit, Public Health Director for the Genesee and Orleans County Health Departments (GO Health). The Genesee County Health Department was awarded a five-year grant through the NYSDOH to provide radon prevention education and distribute free radon test kits to Genesee County residents. Currently, there is a limited supply of radon test kits that can be given to residents of Genesee County, and this process is free of charge when you request a kit. If you live outside of Genesee County, you can purchase an inexpensive radon test kit from your local hardware store.

If test results come back and the radon levels in your home are greater than 4 picocuries per liter of air (pCi/L), you can contact a certified radon mitigation contractor to install a radon reduction system in your home. This would be at the homeowner’s expense.  

For more details about the program or to seek a radon test kit, call the Genesee County Health Department at (585) 344-2580 ext. 5555. For more information on radon or other GO Health programs and services, visit GOHealthNY.org.

Photo: Junco drops by a for a visit

By Howard B. Owens

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Judy Schildwaster shared this photo of a Junco in her backyard on Lyman Road in Byron.  She said the bird migrated here for the winter and will only be here a couple of months before returning north.

Grand Jury Report: Two indictments issued

By Howard B. Owens

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

Tenney reintroduces Transparency in COVID-19 Expenditures Act

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24) member of the House Ways and Means Committee, today reintroduced H.R. 348, the Transparency in COVID-19 Expenditures Act, alongside Representatives Mike Gallagher (WI-08), Jake LaTurner (KS-02), Darrell Issa (CA-48), and Chris Smith (NJ-04).

This bill requires the Government Accountability Office (GAO) to audit the funding provided by the COVID-19 relief bills Congress passed as a result of the COVID-19 pandemic.

Specifically, the GAO must audit and report on the use of funding provided by:

  • the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
  • the Families First Coronavirus Response Act
  • the CARES Act
  • the Paycheck Protection Program and Health Care Enhancement Act
  • Divisions M and N of the Consolidated Appropriations Act, 2021, and
  • the American Rescue Plan Act of 2021.

The United States has spent over $4 trillion in response to the COVID-19 pandemic, much of which was spent without proper oversight. In fact, the New York State Comptroller reported that over $11 billion in fraudulent unemployment insurance payments were made during the first year of the pandemic alone.

Following the release of H.R. 348, the lawmaker released the following statement:

“Taxpayers deserve to know where their money went and how it was spent,” said Congresswoman Tenney. “Now that we are in the Majority, House Republicans are leading to charge to make the government more accountable and transparent, and that starts with how American’s tax dollars were spent. The financial fraud following the COVID-19 pandemic was unprecedented and we must ensure we never give out a blank check and make these same mistakes again. I’m honored to lead this charge to create a more transparent government.”

Read the full text of the bill here.

Alexander wrestler hits 100-win milestone

By Howard B. Owens

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Alexander Gage Wagner, a senior, notched his 100th in and took first place this weekend the Second Annual Robert Bradshaw Memorial Tournament in Canandaigua.

Wagner wrestled in the 152-pound weight class.

Submitted photos and information.

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Weather advisory issued, expect freezing rain overnight

By Howard B. Owens

Freezing rain is expected overnight with total accumulations of a few hundredths of an inch, the National Weather Service advises.

A winter weather advisory has been issued starting at 1 a.m. and ending at 7 a.m.

Drivers should plan on slippery road conditions. The hazardous conditions could impact the morning commute.

City Republican Committee seeks Ward 2 and 3 candidates

By Press Release

Press Release:

The City of Batavia Republican Committee is seeking interested candidates for City Council Wards 2 and 3 for this year's election.

Candidates must be resgistered Republicans and residents of the wards in which they intend to represent -- either Ward 2 or Ward 3. 

All qualified individuals seeking to serve in this honorable role are to submit a letter of interest to Committee Chairman Richard Richmond by Feb. 1. Send letters to: City of Batavia Republican Committee, P.O. Box 260, Batavia, NY, 14021. 

 

New apartment complex to serve entry level workers as viable housing option

By Joanne Beck

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Housing projects have various classifications, such as workforce, affordable and low income, all of which have certain definitions and income levels, and The Batavian wanted to clarify which words and parameters fit the Ellicott Station project in downtown Batavia.

First, a little housing definitions lesson:

Affordable Housing is generally defined as housing on which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities.

Market Rate Housing is the prevailing monthly cost for rental housing. It is set by the landlord without restrictions.

Housing Authority Housing authorities are public corporations with boards appointed by the local government. Their mission is to provide affordable housing to low- and moderate-income people. In addition to public housing, housing authorities also provide other types of subsidized housing.

Subsidized Housing is a generic term covering all federal, state or local government programs that reduce the cost of housing for low- and moderate-income residents. Housing can be subsidized in numerous ways—giving tenants a rent voucher, helping homebuyers with downpayment assistance, reducing the interest on a mortgage, providing deferred loans to help developers acquire and develop property, giving tax credits to encourage investment in low- and moderate-income housing, authorizing tax-exempt bond authority to finance the housing, providing ongoing assistance to reduce the operating costs of housing and others. Public housing, project-based Section 8, Section 8 vouchers, tax credits, the State Housing Trust Fund, and Seattle Housing Levy programs are all examples of subsidized housing. Subsidized housing can range from apartments for families to senior housing high-rises. Subsidized simply means that rents are reduced because of a particular government program. It has nothing to do with the quality, location or type of housing. In fact, a number of Seattle's subsidized housing developments have received local and national design awards.

Workforce Housing is the industry standard definition for affordable housing that serves families that are at or below 60 percent of the median income.

When talking to local economic and project development folks, semantics seemed to really matter. Workforce was not much different than affordable, according to one person, and the term low income was freely bandied about until The Batavian tried to confirm that the housing was subsidized, and the comment was retracted. And nobody wanted to be quoted out of uncertainty.

The assets manager for Savarino Companies has not yet replied to email inquiries after The Batavian was referred to her last week.

At last, an answer came from Jim Krencik of the county’s Economic Development Center. Krencik confirmed that the buck stopped with him, per the last known income qualifications that EDC was aware of for the Ellicott Station project.

To back up a bit, why was this a question to begin with? Because, several years ago, in the infant stage of this project, there was talk of market-rate apartments to provide up-scale prices and amenities to feed the appetites of higher-paid workers and help to grow the city’s economy with an influx of well-to-do consumers.

That bubble was burst last year when Sam Savarino, owner of Savarino Companies, announced that it was a workforce apartment project going up on Ellicott Street. It was going to be for entry-level workers making around $20 an hour or less.

But then rumblings and murmurs took to the streets, combined with questions and fear and lack of details, and the possibility of this being a mixed project of affordable and low income, or subsidized only, emerged. So The Batavian tried to get an answer from economic and project development folks — to no avail.

So now, onto the answer. Krencik didn’t really give a classification label, but just an answer. Of the total of 55 units, 25 of them will go to tenants with 50 percent of the county’s current available median income, and 30 units will go to those with 60 percent of the median income.

As an example of what that could be, the latest median yearly income data from 2017 to 2021 was $63,734, 50 percent of that is $31,867 and 60 percent is $38,240. Krencik emphasized that if someone was approved based on that starting salary and then was promoted and earned a raise, he or she wouldn’t lose the apartment because of that increased figure.

The idea is to provide quality housing to people who may have just graduated from college and are starting out with a new job and career, and want to live in a decent place that they can also afford, he said.

What about all of those parents stating that their kids can’t find jobs to keep them here? Do you really think there will be enough entry level people to fill this complex?
Krencik was glad to get the question. He could then volley back information about a new program called Cornell Food Processing Bootcamp, which is specifically for 2023 graduates. Students can earn a free food processing certificate from Cornell University at Genesee Valley BOCES and connect with local food manufacturers that are hiring with average starting wages of $20/hour, according to a GCEDC flyer.

After doing some hard-hitting promotion of the program, there are 26 students signed up so far, Krencik said, all of whom could be viable candidates for Ellicott Station. While the housing complex won’t be for everyone, it can fill many needs, he said.

“A lot of folks in that cohort are saying, hey, you know, I want to live where I have a supermarket, that's a 20-second walk away, and there's restaurants a 30-second walk away,” he said. “And there's musical performances, of all the concerts that happen in that area, that is attracted to that group. And right now, we've been really marketing that program hard for about three days now.

“And we're hoping to address, with a lot of activity that's been happening, if there wasn't enough quality apartments or single-family homes, and having projects that are taking those on to help people out at all phases of their life when they're starting off in a career or ready to, you know, have that big single family home for their growing family, or they're on the other side of that, and they're looking for the type of housing where they don't need a big house anymore, having all those available is really the key to having viability in our housing market,” he said. “So I guess a single project doesn't doesn't solve it for every one of those scenarios, but it's a piece of solving it with many others.”

Savarino Companies has been taking names of interested tenants for the complex, which is to open this summer. For more information, go to ellicottstation.com.

File Photo of Ellicott Station's progress in January 2023, by Howard Owens.

Law and Order: Driver from Buffalo accused of fleeing from police

By Howard B. Owens

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Alexander GOP seeks candidates for offices

By Press Release

Press release:

The Town of Alexander Republican Committee is seeking registered party members that are interested in becoming selected as the endorsed Republican candidate for the following offices for the Nov. 7th, 2023 General Election.  All positions are four-year terms.

  • County Legislator District #6 - Alexander, Bethany and Pavilion
  • Town Supervisor
  • Town Highway Superintendent
  • Town Clerk
  • Town Council Member - 2 seats
  • Also, one vacancy will exist for: Republican Committee member, District #1 (Route 98 West)

Those interested please send letter of interest and resume by February 6th, 2023 to:  Barbara Eddy, 11054 Alexander Rd., Attica, NY   14011. Any questions call Barbara at 585-591-1435.

Talk at HLOM will focus on Darwin Martin House in Buffalo

By Press Release

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Press release:

The Holland Land Office Museum is proud to announce its next Java with Joe E. on Thursday, January 26th at 9 am. Richard Beatty will be presenting, “The Darwin Martin House-Frank Lloyd Wright’s Buffalo 1905 Masterpiece.” Admission is free, and coffee and donuts will be served.

Richard Beatty, a senior docent at the site, will give a presentation on Wright's incredible design, his client Darwin D. Martin, and the long history of the complex.  Abandoned and neglected during the Depression, taken for back taxes in 1946, and then partially demolished in 1960, the complex of buildings and landscape has been completely restored. Part of Mr Beatty's presentation will include a history of the organization that took shape in the 1980s in response to the ongoing decline of the masterpiece, focusing on the key role that volunteers play in presenting the site to visitors from all over the world.

Photo via the NYS Parks website.

Napoleone Foundation announces new date for Beatles-tribute band fundraiser

By Press Release

04-27-2015-gashanor-newslide4_1.jpg

Press release:

The Michael Napoleone Memorial Foundation has re-scheduled the BBC Band, a Beatles & Sixties Tribute Band. It is being held at the Historic Palace Theatre, 2 East Ave, Lockport, on Friday, Feb. 10 at 7 p.m. 

Tickets are $40 for regular admission and $75 for premier seats in the lower balcony which includes an hour-long reception prior to the show.

All seats are reserved and may be purchased at https://historicpalaceinc.thundertix.com/events/203461. There is a bus being organized from Batavia -- if interested, call Diane at 585-409-3485.

About the Band
Though the band has local roots in Buffalo, the BBC Band has a true connection with The Beatles.

Russ Thomas has spent a good amount of time with Peter Best, the Beatles' first drummer, pre-Ringo. They talked about the early days and how the band had evolved while and after his tenure with the group.

John Connelly and his family had the opportunity to meet and spend some time with Sir Paul McCartney one afternoon, chatting about life, family and how Paul’s music has inspired and influenced John’s musical career.

Meeting a Beatle has offered musical insights and an incredible inspiration to The BBC Band. Their shows are magical, the music is infectious, making you want to jump out of your seat, sing along and dance in the aisles….and in the words of  “She Loves You”…You know that can’t be bad!

In August of 2018, The BBC Band performed six concerts at International Beatles Week in Liverpool, England, including two standing-room concerts at the world-famous Cavern Club. ( www.bbcband.com)

The beautiful Palace Theatre is newly renovated with spacious seating, your favorite “movie concessions”, beer, wine and non-alcoholic items. There will be Autographed Bills jersey raffle and a 50/50.

A night to sing, dance, and celebrate friends, all while Lending a Hand for Hope to Others.   We do “Get by With a Little Help from our Friends” – Beatles.

Top Items on Batavia's List

The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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For Rent - Lower 1 Bedroom Apartment Private country setting, lower one bedroom apartment with all appliances and parking. Sunroom with gas fireplace and patio. Includes water and heat. NEW LOWER PRICE! $1000/Month plus electric. No pets, no smoking. References and security deposit required. Available June 1st, 2024. Call 585-344-3141.
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