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Carrying on a tradition of strong business with renovation that connects to city's past

By Joanne Beck
Casey Delplato Law Office
Photo by Howard Owens

This week’s open house of the DelPlato Casey Law Firm was an exciting mix of longtime planning, contemporary architecture, embedded history and future growth, as attorney Peter Casey welcomed dozens of well-wishers to the elaborate, upscale space in Downtown Batavia.

For those longtime locals who had seen the space at 73 Main St. before it was occupied by Alberty’s Drug Store, Thursday brought some nostalgia back with a central staircase that led down to a break room that once upon a time was the ground level of Sleght’s Book Store. 

Sleght’s book and stationery store was part of downtown from 1907 to 1999, housed for 20 years at the Genesee Country Mall until 1975 when it moved across the street to 70 Main St. 

This blond wooden staircase is definitely a focal point, with a geometric light fixture of squares overlapping with one another hanging over top of the backlit handrails. A great deal of attention was paid to lighting, from the series of black cylindrical hanging lights at the entrance to the subtle wall sconces juxtaposed with more utilitarian long tube lights over workspaces.

“Specifically, as many people who are from the area know, this was the home to Sleght’s Book Store for many, many years. You'll remember the stairs, it did go down a little bit smaller than these ones here. And then afterward, the Alberty Drug Store occupied this space for 20-30 years at least. I wanted to thank Greg Gluck … and his parents ran Alberty’s Drug Store. They were kind enough to entrust this building to us, and I thank Greg for allowing us that opportunity,” Casey said. “As for the work that we've done here, there's a few things to kind of know that we think are pretty cool.”

Some of those things include the names of the conference rooms, each one with a theme, including the W. Douglas, after Doug Call, who was a partner with Mike DelPlato when at the office next door for many years — and “among many other talents, for anybody that knew Doug, he was a woodworker, and he built the table that’s in the conference room,” Casey said. 

“He was a good man, an excellent attorney, and he was a minister and a sheriff. So we know where he is now,” he joked. “He was a great mentor to me and many other lawyers in the community. So we want to honor his legacy here forever. He also hired my mom Mary Kay, to be his secretary. So, I guess I kind of owe him for getting me the job.”

The site also has an Oakfield Room, since the firm serves so many clients from the Oakfield area, and a City Conference Room in front along Main Street, which doesn’t need much explaining, he said.

“But we’re really proud to be here in downtown. We’ve got a great city view out there,” he said. “The pictures, you’ll see the photos hanging up primarily in the conference rooms, as well as out here. Those were Howard Owens’ originals. And those are just stunning photos, we’re so happy that you were able to help us with those.”

There were plenty of nods to go around, from Ray Cianfrini and his law firm, which partnered with DelPlato and Casey in 2015, David Ciurzynski Consulting, which was instrumental in getting the project off the ground over the course of three years, David Schoell, the architect who assisted with the staircase and light fixtures, Thompson Builds as general contractor, Tompkins Bank, the Small Business Administration, Batavia Development Corporation and the City of Batavia.

“So none of this happens, not a swing of a hammer, a piece of drywall, none of this happens without, honestly, without you people, without our friends and our clients. And, you know, I'd like to just give you all a round of applause,” Casey said, pausing to clap for the rooms filled with attendees. “I really do believe that, and I know I speak for my staff when I say this, that, you know, we get to know you initially as lawyer and client. But you've become our friends. At least, we think so. And you're here tonight. So we mean that from the bottom of our hearts. I remember Mike saying that when I first started out as an attorney, you know how elated he is just to be able to help his friends. And, you know, this project, in part, was to be able to better serve you and be more accessible. So we're so happy to be here to be able to continue to serve you for a long time.”

He thanked DelPlato for his partnership especially given “as great of a lawyer as he is, as wonderful as a legal career as he’s enjoyed, he’s an even better person.”

“I could not have been more fortunate to be able to learn from such a patient, understanding and kind human being,” Casey said, then referring to his former partner and his mom Mary Kay. “They both retired in the last couple of years. And you know, due to COVID and then not wanting to admit that they retired, we never had a party. So here we are … cheers to Mike and Mary Kay for a happy, healthy retirement.”

He also thanked his mom for her help and support over the years and pointed to the three other women who help with firm operations -- paralegal Karen Vallese, legal secretary Kathy Grayson and secretary Michelle Clattenburg.

Grayson came on board two years into the planning stages of the renovation, so floor plans had been drawn up and she was hearing about what was to come. 

The finished result did not disappoint.

“I love the office, it’s beautiful, it’s modern … it’s so inviting,” she said. “It was comfortable and cozy, but he kind of outgrew the space. And being upstairs, some clients had a problem with the stairs. This is more accessible being downstairs.” 

Casey was one of the city property owners who qualified for money through BDC’s revolving loan fund that can be used for loans and/or grants. Casey’s renovation qualified for a $20,000 grant. BDC Director Tammy Hathaway said that she doesn’t look at the funds going to people as much as being invested into the properties themselves.

“It’s the injection into the actual building stock that we have. Beyond Peter Casey and Mike DelPlato, whoever's going to own this building, we're still going to experience it. So we want to make sure that we're extending the longevity and the life of these buildings in our community,” Hathaway said. “This building alone, as many of them in our downtown, have history. There are so many people out there right now that are attending that remember when it was Sleght’s, they remember when that staircase was open. So to see it come back into life, what was it going to be if Alberty Drug Store wasn't here? Well now we know. Somebody was going to be here. And what a fabulous renovation for all of us to experience.”

Casey Delplato Law Office
Peter Casey
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens
Casey Delplato Law Office
Photo by Howard Owens

Complaints raised at planning board meeting about STAMP, Edwards Vacuum, addressed by officials

By Howard B. Owens
Kirk Scirto, Akron
Dr. Kirk Scirto, a family physician in Akron, spoke in opposition on Thursday night to plans for Edwards Vacuum and WNY STAMP.
Photo by Howard Owens.

CLARIFICATION: Dr. Kirk Scirto informed us on Oct. 18 that he did not say that he represented the Seneca Nation. 

It's unusual for opponents of a development project to speak at Genesee County Planning Board meetings, but two people opposed the proposed Edwards Vaccum plant at WNY STAMP and of the STAMP project itself were at Thursday's meeting.

Both spoke after a representative of Edwards made his presentation to the board and after the board voted to recommend approval of the site plan review and final subdivision.

Both speakers raised a number of environmental concerns, all of which were later refuted in interviews after the meeting by representatives of Edwards and the Genesee County Economic Development Center.

Edwards is proposing a manufacturing facility that will be 236,000 square feet and sit on a 50-acre parcel.  The company is a subsidiary of Atlas Copco Group and is planning a $319 plant that will build a semiconductor dry pump, a necessary component in maintaining cleanrooms for companies that make computer chips.

Dr. Kirk Scirto, a family physician in Akron, said he represented the Seneca Nation as well as a coalition of environment groups and as many as 500 residents who oppose both the Edwards Vacuum project as well as STAMP.

"I urge you strongly to recommend disapproval of the Edwards vacuum project," Scirto said. "Know that Tonawanda Seneca Nation lies at the border, immediately at the border of STAMP. They have sued to block its development along with a separate suit to do the same by the Orleans County Legislature. And now the town of Shelby has joined us in the suit. The community impacts of this project in Genesee County are also very troubling, and it's shocking that entities in Genesee County have not yet sued. Although that should change shortly."

The other opposition speaker was Evelyn Wackett, who admitted that she didn't know anything about WNY STAMP, despite heavy coverage of the high-tech industrial park in local and regional news outlets for more than 13 years, until this past Arbor Day. Wackett, a resident of Buffalo, said she is a licensed wildlife rehabbed in Erie County.

"As I looked into it and learned about it, I kind of started getting a little bit upset," Wackett said. "It seems to me a little fishy the way things are going on with this whole project. We come out of the COVID lockdowns, and all of a sudden, Plug Power is there. And now Edwards is coming in."

Vehicle Traffic
Scirto's first objection was to traffic in and out of the Edwards site, both for the additional traffic on local roads and emissions.

"The Edwards Vacuum project would be an immense generation of traffic, according to the February 2023 SEQR that was written by the Genesee EDC," Scirto said. "We've heard some different estimations today, so I'm a bit confused about that. According to GCEDC, vehicles would be expected to enter the leave STAMP every one to two seconds all day every day. This would dramatically slow down local routes, including routes 77 and 63, which may be forced to become 30-mile-per-hour roads."

It's not clear where he got the speed-limit change data.

"Air pollution would be a second major impact, and it will be produced by diesel trucks and other vehicles, and in the chemical emissions of Edwards vacuum itself," Scirto said.

Mark Masse, senior VP for operations for GCEDC, suggested Scirto is misreading the SEQR (an environmental review document) that included the WNY STAMP infrastructure projects and both Edwards Vacuum and a parallel warehousing development that hasn't been discussed much publicly.  In the SEQR report, nearly all of the contemplated traffic, Masse indicated, could be attributed to the warehouse project.

The estimated one or two truck trips per day for STAMP, as discussed by David Ciurzynski, a local consultant representing Edwards Vacuum in the meeting, is accurate, Masse said.

"It (the SEQR) was about a 23-page resolution," Masse said. "I'm sure if somebody was unaware of what they were looking at, it would be easy for them to get confused."

Toxins and Chemicals
"If they're able to dodge the extensive lawsuits already initiated and those which will be coming shortly, then they will be allowed to emit various toxins into the air," Scirto said. "Some of these toxins can cause cancer and irritate the eyes in the respiratory tract of people. This, combined with air pollution, would cause or worsen asthma, allergies, emphysema, respiratory infections, and heart disease, especially for those living closest to the factory and its intense traffic."

He said documents on the company website reveal that Edwards Vacuum uses chemicals and fibers that are dangerous to human health.

Ciurzynski said that Scirto is using outdated documents and documents not relevant to this project to make his claims.  He said Edwards makes a wide range of products that are referenced in publically available documents, but the company is making a very specific pump in the facility. There is no foundry, and nothing dangerous will be emitted from the factory, so much of what Scirto referenced is irrelevant.

"We're not releasing any toxins," Ciurzynski said. "Our process -- we're not releasing anything. Air permits will be issued by the DEC. They're required because every building has exhaust, so we have to get permits from the DEC. They are going to be approved by the DEC to all be basically zero emissions. We're not releasing anything into the sewers other than toilets and sinks and things like that. So it's human waste, you know, from people working in our plant. Our process water, any wastewater that we have (from manufacturing), is getting toted off-site. Everything that we're doing is intentional to minimize the effect on our community and our systems. We're not, we don't want to tax any part of the community. We don't want to tax the community. So that's why we made these extra efforts to make sure that those processes are handled properly."

Fire safety
"The protection of community character would be challenged by the threat of explosions from Edwards vacuum," Scirto said. "According to their safety data sheets, they use dozens of flammable and several explosive chemicals."

Ciurzynski said, "We're building a specific pump here. It's not all of Edwards vacuums products. We don't have chemicals that are spontaneously going to combust. Everything is going on is within the regulations of the EPA and the DEC."

Wetlands
Scirto also claimed that Edwards is planning to build on top of environmentally sensitive wetlands and faulted The Batavian for previously reporting otherwise.

The Batavian's prior story was based on official government reports that could have easily been obtained by Scirto prior to the meeting.  Both representatives of Edward and GCEDC said both the planning document and The Batavian's story were accurate.  There will be no wetlands disturbed by the Edwards facility.

Wackett said, "In the article in The Batavian, I read about the wetlands and not disturbing the wetlands. Well, let me make a comment that we already disturbed the wetlands. How many spills have we had now already trying to construct this sewer pipe? 600 gallons of fracking fluid is now inside the refuge. That endangered bog turtle. That endangered short-eared owls. And all that endangered northern Harrier -- all those species depend on these wetlands. It's a migratory bird route that you guys just decided to, I don't know about you guys (meaning the planning board), but Genesee County Economic Development Center decided to just plop an industrial park right in the middle of the Tonawanda State Wildlife Management Area, the Iroquois National Wildlife Areas, protected area. I don't understand how they can just put a sewer pipeline in the middle of it."

The STAMP project is entirely outside of both protected areas.

Masse said in the hallway as soon as the meeting was over, "To clarify, there are no wetlands being impacted by this project."

Ciurzynski immediately added, "Your story was accurate. Our survey has been registered with the town and this county. To avoid this (wetlands), we didn't buy that land (containing wetlands)."

As for Wackett's claim that GCEDC that "600 gallons of fracking fluid is now inside the refuge," Masse said that statement isn't accurate.

He said during the construction of the wastewater pipeline, a channel is drilled through the subsurface and then filled with what is essentially mud to hold the line's shape while the pipe is slid into place. "

"It's basically water and clay," Masse said. "The soil is so soft that it actually ended up going out through the soil. We've done the appropriate cleanups, we had an approved frac-out plan with the DEC ahead of time as part of our permitting. We are making improvements to it, and all of that cleanup and review is subject to the DEC review."

Asked to clarify what happened, Masse said, "In some cases in the refuge, the ground is so porous that when they put the mud in, it leaks out through the sides. It came up to the surface. And that's what they call a frac-out. But it is nothing more than mud. So we had vac trucks on site and cleaned it up. We have subject to DEC inspection on that and in accordance with our frac-out plan."

He said the frac-out has been cleaned up, and while still subject to a DEC follow-up inspection, Masse indicated the event posed no threat to wildlife.

Owls
"I just need to make the comment for the short-eared owl," Wackett said. "From what I understand and what I've read, that the short-eared owl has already declined in numbers since this project has started."

Masse said GCEDC has followed all DEC guidelines and regulations regarding the short-eared owl and north Harrier. 

"Essentially," Masse said, the short-eared owl northern Harrier issue has been resolved as we've received a permit to be able to develop that property. As a part of that, we've created a grassland habitat for those birds as the offset for the impact and taking that property. And that permit was issued, I think, in June or July."

As for Wackett's claim that the owl population has already declined, Masse said there is no evidence of that, and there can't be any definitive evidence because of the migratory habit of the species.

"We've done studies over the years, and those birds are non-geo specific, which means they don't come back to the same location every year," Masse said. "So they could be here one year, they could go somewhere else for six years, they could come back here in year seven. I'm sure statewide studies are being done, but whether those are higher or lower, it's hard to tell."

Lawsuits
At the start of his talk, Scirto said the Seneca Nation had sued to stop the STAMP development.  It's unclear if that was a reference to the 2021 lawsuit filed against GCEDC that was later settled or if he believes there is a pending lawsuit. GCEDC officials are unaware of any pending lawsuit filed by the Seneca Nation.

Orleans County has filed a lawsuit in a dispute over the sewer pipeline project that runs north into Orleans County. It's not clear from the language of the suit that the aim is to "stop" STAMP, as Scirto claimed during the meeting.  The Town of Shelby recently voted to join the lawsuit, even though Shelby previously approved the pipeline.

Whatever is going on with the lawsuits, Edwards Vacuum is not concerned, Ciurzynski said.

"It doesn't concern us because we do care about the environment," Ciurzynski said. "We care about the local people, the farmers. Something people need to know is Edwards Vacuum and Atlas Copco are really conscientious and intentional about their science-based initiatives to reduce their global footprint, global carbon footprint."

Returning to the issue of emissions raised by Scirto, Ciurzynski indicated Edwards has a plant in Korea doing what the Alabama plant will do, but it is "landlocked." It can expand. The STAMP site gives Edwards room for growth, but it also means its products will no longer be shipped by air cargo to the U.S., which will cut carbon emissions.

"Unfortunately, in building, you're not gonna make everybody happy," Ciurzynski said. "We can't keep everything pristine and green. We're trying to keep more than 60 percent of the site green. We're trying to make the building as green as possible by going all-electric, not having fossil fuels.

As part of the green effort, the site will have walking paths so people can enjoy the green space.

Masse said GCEDC has been complying with environmental regulations throughout the planning and development process.

"We've been working with the DEC, the Army Corps of Engineers, and our permit through the Wildlife Refuge took five years to obtain. There were two public meetings, and public hearings were held, and with that, there was a NEPA process done. We followed all the appropriate regulatory steps through this process to date. We are as transparent, and I think you would admit that we are as transparent and organization as you're going to find. We've done everything out in the open. We've done everything in the public. We've done every approval we need to do, and we continue to, and I don't think people realize how much the regulatory agencies have oversight over all construction, over all of the development. You talk stormwater management to the DEC. You talk about construction safety to the Town of Alabama. Operational-wise, it's the town of Alabama, it's the DEC. So there are enough regulatory agencies where I don't think a company would be able to do some of the things that had been said here today without being found immediately, without having somebody know what's going on. So I don't know if they just don't understand how development works. But the amount of oversight and regulatory oversight that happens in New York State is a lot."

The Seneca Nation
Both Ciurzynski and Masse said Edwards and STAMP want to be good neighbors to the Tonawanda Indian Reservation.

"We do care about Native Americans," Ciurzynski said. "We want them to be part of our facility. We want them to work with us. We want them to work at our facility. We want to provide livelihoods so that they can have generational jobs that they don't have to drive miles to get to. It's right next door. You can have a good job and work with wonderful people in a LEAD-certified building that's as green as possible."

Masse said GCEDC has always been open to working with tribal leaders.

"We've been outreaching with the Nation diligently for at least the last seven years, if not the last 13," Masse said. "They just choose not to participate, which is their right."

Public Awareness
As to the implication raised by Wackett that people have been kept in the dark, Masse noted that GCEDC has hosted a number of well-publicized public meetings and public hearings.  There was ample opportunity 13 years ago to raise the objections being raised now.

"There are 60,000 people in Genesee County, and we had two people show up who opposed this and said they said they had 500," Masse said. "In the grand scheme of things, you know, I understand people want to be heard. But the majority of the people here, like the Town of Alabama, spoke 13 years ago. And quite honestly, the time to express your concerns about the project would have been 13 years ago when we were going through the EIS process. I think we held 25 to 30 public meetings. So you know, that process was a public process. And there are a lot of concerns voiced, but at the end of the day, the community overwhelmingly was in favor of it."

David Ciurzynski
David Ciurzynski, a local consultant representing Edwards Vacuum, during his presentation on Thursday to the Genesee County Planning Board.
Photo by Howard Owens.
Evelyn Wackett
Evelyn Wackett, a wildlife rehabber from Erie County, spoked against STAMP at Thursday's Planning Board meeting.
Photo by Howard Owens.

Sponsored Post: Just listed; 5444 School Road, Stafford! Call Reliant Real Estate today

By Lisa Ace
Reliant Real Estate

Just Listed: 5444 School Road Stafford. Solid well cared for country home super well kept and ready for immediate move in! This home will surprise you with its spaciousness and impress you with its homeyness! Downstairs features pretty oak eat in kitchen with hardwood floors and great cupboard space leading to oversized family room first floor bedroom and full bath! There is also a large and bright shop space currently used as hair salon with secondary spa room-could be your home based business space/office or easily converted to another downstairs bedroom!! Upstairs has three extra large bedrooms and another full bath with convenient upstairs laundry!! Basement is clean and dry and roomy for all your extra storage. Furnace/AC and hot water tank 2.5 years new! This home has been nicely kept and upgraded throughout the years -upstairs of home was added 13 years ago! There is really pretty front foyer/sitting room leading to open front deck to enjoy your evenings and overlooks pretty and secluded country road-most have never traveled down! This is truly a lovely country home and property! Public water soon to be available, connection is at road! (Buyer to connect). Call Reliant Real Estate 585-344-HOME (4663).

City looks to Creek Park to fit the bill for potential market rate housing

By Joanne Beck
Aerial view of Creek Park
Aerial view of Creek Park in Batavia. 
Photo from City of Batavia

As city officials pursue market-rate cottage and condo neighborhood development in the area coined as Creek Park behind the McCarthy Ice Arena, the idea has been met with mixed reactions online.

An aerial view photo was posted on the city’s social media site, which prompted several responses, from “What happened to the outdoor ice rink that was potentially in the works?” to “This is an awful idea. Rather than take such a large green space in the city, develop it into something everyone can use — shelter picnic area, fenced-in dog park, etc.” and “That’s one of the only green spaces in that area of town. I know it’s not as cost-effective for companies, but I wish we would push for reusing abandoned spaces rather than destroying green space.”

Some people definitely seem to be fixated on the flailing Ellicott Station, stalled since August and in limbo as to when and if it will get finished. Case in point, one commenter said, “I hope they can find someone to finish the project on Ellicott Street first,” while another said, “stupid idea. Got one now that just stands there unfinished.” 

Not everyone was a naysayer, however. As one poster said, he thought that “done right, with the proper restrictions on the developer/owner, to prevent what Savarino did, this would be a great idea.” 

The Batavian asked City Manager Rachael Tabelski if those comments would be taken into consideration, even if it seemed as though a majority were trending negative, as can happen on social media. 

“Yes, we like to get feedback, and we appreciate the views of residents and potential residents alike,” Tabelski said.  “The site lends itself to both uses, housing and usable green space.  The intent and design of the site will be for mixed-height residential, not a five-story building like Ellicott Station.  It will incorporate green space and make use of the waterfront. We are working on renderings for the site, but these are the concepts we are interested in seeing on the site.”

Those renderings are below courtesy City of Batavia.
 

Creek Park rendering
Creek Park rendering-2
Creek Park rendering-3
Creek Park rendering-4

Creek Park, one of the city’s latest real estate initiatives that sits alongside Tonawanda Creek and behind the ice arena, may be eligible for the Brownfield Cleanup Program, which comes with related tax credits.  

The city has agreed to spend $15,000 of committed funds to contract with Roux, which has merged with Benchmark Environmental Engineering & Science PLLC and Turnkey Environmental Restoration LLC, to prepare the limited PHASE II environmental investigation in the Creek Park area. 

The city had to wait for the Batavia Development Corporation to obtain the title of 60 Evans St. from the Town of Batavia, which it has done. 

City Council approved the expense and environmental study during its business meeting this week. Meanwhile, the city floated its idea of developing Creek Park on social media.

Creek Park model

Fire Prevention Week reminds all to be careful in the kitchen

By Joanne Beck
Tim Yaeger, Gary Patnode, Gary Maha
Recognizing Fire Prevention Week: Genesee County Legislator Gary Maha, right, presents a proclamation to  Genesee County Emergency Management Services/Fire Coordinator and Assistant Coordinator Tim Yaeger, left, and Gary Patnode, on behalf of the 17 volunteer fire departments and one career fire department in Genesee County during the county Legislature meeting Wednesday.
Photo by Steven Falitico

City of Batavia and Genesee County fire department and management leaders have been on site with fire trucks, issuing reminders and presenting a proclamation, all in an effort to recognize and promote the importance of Fire Prevention Week, which ends on Saturday.

Although the week officially runs from Oct. 8 to 14, Batavia Fire Department Lieutenant Bob Tedford wants citizens to remember that cooking safety begins with you, no matter when that is. Cooking is the leading cause of home fire injuries, according to the National Fire Protection Association, with nearly half of all home fires involving cooking equipment, according to a press release sent from Tedford on behalf of the NFPA.

The City of Batavia Fire Department, therefore, wanted to share the following cooking safety messages to support this year’s cooking safety theme, he said. 

• Always keep a close eye on what you are cooking. For foods with longer cook times, such as those simmering or baking, set a timer to help monitor them carefully.

• Clear the cooking area of combustible items and keep anything that can burn, such as dish towels, oven mitts, food packaging, and paper towels away from the cooking area.

• Turn pot handles toward the back of the stove. Keep a lid nearby when cooking. If a small grease fire starts, slide the lid over the pan and turn off the burner.

• Create a “kid and pet-free zone” of at least three feet around the cooking area and anywhere else hot food or drink is prepared or carried.

As the biggest annual campaign at NFPA, Fire Prevention Week works to educate people about the leading risks to home fires and ways they can better protect themselves and their loved ones. Local fire departments play a key role in bringing Fire Prevention Week to life in their communities each year and spreading basic but critical fire safety messages.

To learn more about Fire Prevention Week, its 100th anniversary, and this year’s theme,  go to www.nfpa.org/fpw.

County legislators also recognized the week during the Legislature’s Wednesday meeting with a proclamation, which was presented to Emergency Management Services and Fire Coordinator Timothy Yaeger and Assistant Coordinator Gary Patnode on behalf of the 17 volunteer and one career fire department in Genesee County.

The proclamation states:

WHEREAS, the week of October 8 th through the 14 th , 2023 is Fire Prevention Week where the goal is to raise fire safety awareness and help ensure your home and family is protected, and

WHEREAS, fire is a serious public safety concern both locally and nationally, with homes being the location where people are at the greatest risk from fire, and

WHEREAS, cooking is the leading cause of house fires, with nearly half of all house fires involves cooking equipment and the other involves unattended cooking, and

WHEREAS, residents should stay in the kitchen when frying food on the stovetop, keep a three-foot kid-free zone around cooking areas and keep anything that can catch fire away from stove tops, and

WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire, and

WHEREAS, in reported house fires, working smoke alarms cut the risk of dying in half, and

WHEREAS, first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection. Now, therefore, be it

RESOLVED, that the Genesee County Legislature does hereby proclaim October 8th through the 14th, 2023 as Fire Prevention Week and we urge all residents to participate by checking their smoke alarms and kitchens for fire hazards and use safe cooking practices during Fire Prevention Week.

Le Roy school board moves proposed $12.5 million capital project plan to voters

By Howard B. Owens

Voters in the Le Roy Central School District will be asked to vote on a proposed $12.5 million capital improvement project that would provide upgrades to buildings and facilities in the school district and not result in additional taxes levied on properties in the district.

The vote was approved by the Board of Education on Tuesday and is scheduled for noon to 8 p.m. on Dec. 5 in the Library Media Center of Wolcott Street School.

For more details about the proposal, see The Batavian's previous story: Le Roy Central Schools reviewing $12.5 million capital project for facilities repairs, multipurpose sports field

Batavia girls pick up 14th win to clinch Monroe D4 title in soccer

By Staff Writer

With its 14th win of the season, and no defeats, The Batavia Blue Devils Girls Soccer team clinched the Monroe League Division 4 crown.

Batavia beat division rival Greece Olympia 6-1.

With one regular season game left, the Blue Devils are ranked #1 in Class A at 14-0-1 with 4.367 seeding points and Aquinas trailing at 13-1-2 and 4.188 seeding points.

Batavia's final game is Friday at home against Greece Athena (Class AA, 8-5-0).

On Wednesday, Batavia Sophomore Ella Shamp started the scoring 11 minutes into the game off a pass from Ella Radley.  Anna Varland added a penalty kick goal three minutes later, and Ella Shamp added another goal in the first half off an assist from Anna Varland.  

Batavia added three more goals in the second half by Ella Radley, Ady O’Donnell, and Anna Varland, with assists from Jaimin MacDonald, Anna Varland, and Isabella Walsh.  

"The team is peaking at the right time and is really having fun," said Head Coach Roger Hume."They just want to play and play hard.  

Byron-Bergen controls game in 6-0 win over Alexander

By Howard B. Owens
Byron Bergen vs. Alexander Girls Soccer
Mia Gray scores Byron-Bergen's third goal in the first half.
Photo by Howard Owens.

Using artful ball handling and precision passing, Byron-Bergen picked apart Alexander's defense and notched its 13th win of the season in Girls Soccer, beating the Trojans 6-0.

Scoring:

  • Makenzie Hagen, assisted by Mia Gray 
  • Emma Starowitz, assisted by Mia Gray
  • Mia Gray, unassisted
  • Mia Gray, assisted by Libby Starowitz
  • Grace Diquattro, unassisted
  • Makenzie Hagen, assisted by Mia Gray

Nova Pocock and Natalie Prinzi combined in goal for the shutout.

"We do have very talented players," said Head Coach Wayne Hill when asked about his team's quality play. "They’ve put a lot of time in over the years working on their skills. We have an excellent JV and modified program with equally fantastic coaches. They prepare our kids to succeed at each level."

The Bees, with one regular season game left at home on Friday against Wheatland-Chili, are 13-3 and seeded #4 in Class C2. 

All three losses for the Bees game against higher-class teams -- 2-0 to Class AA Our Lady of Mercy, 4-1 to Class A Aquinas, and 5-4 against Class B Nichols.

"We’ve played a difficult schedule this year, which we are hoping prepares us for a successful postseason," Hill said.

Last season, Byron-Bergen went into the post-season undefeated and didn't lose until the state championship semifinal game in Cortland.

For more photos or to purchase prints, click here.

Byron Bergen vs. Alexander Girls Soccer
Elizabeth Starowitz takes at a goal in the first half of play.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
MacKenzie Hagen reacts to a missed goal opportunity after Alexander goalie Madison Bezon blocks the shot.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Mia Gray.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Alexander's Sophia Pellegrino with the ball.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Emma Starowitz and Coach Wayne Hill.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Alexander's Madison Fuller.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Mia Gray.
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Emma Starowitz
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Emma Starowitz
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Mia Gray
Photo by Howard Owens.
Byron Bergen vs. Alexander Girls Soccer
Mia Gray defended by Aaliyah Wright.
Photo by Howard Owens.

Batavia native uses positivity for career, award at McDonald's

By Joanne Beck
lydia-bruce mcdonalds
Lydia Bruce, manager of the McDonald's Restaurant on East Main Street, Batavia, and recipient of a Ray Kroc Award.
Submitted Award

Growing up in Batavia as one of seven siblings, Lydia Bruce learned to be part of a team early on, she says.

“I came from a big family, and I always embraced the role. We’re very close, we always grew up doing everything together. We were always raised to push each other and support each other,” Bruce said during an interview Wednesday. “I embrace each day as a new opportunity to just be better and do better. That’s my philosophy and what I push for. And to be in a positive work environment.”

It’s that positive work environment — and her role as general manager — that earned Bruce recognition as a top-performing manager at the East Main Street McDonald’s and recipient of a Ray Kroc Award. 

Established in 1999, the award goes to managers who embody the corporation founder’s “vision of excellence,” with Bruce being one of 395 managers named from 70 markets around the world. 

As she was approaching graduation from Batavia High School in 2005, Bruce began to work at McDonald’s restaurant as a crew member, working in the kitchen and serving customers.

She attended Brockport State College and transferred to Buffalo State College with the intention to pursue a teaching career, all the while continuing to work at a McDonald’s to earn money while she gradually crept up the promotions ladder. 

Then something unintentional happened. “My career at McDonald’s started to take off in 2008-09,” she said. She became an assistant manager. 

“I could see what a great career it was, what it had to offer me, and my main thing was always teaching, you know, that was my core,” she said. “And I could see that I could still do that with my career at McDonald's. So for me, it was like a green light. And I've been doing it ever since.”  

She moved back to her hometown in 2010 as she continued climbing those rungs, moving to shift manager within two years and then gradually working her way up from system manager to general manager.

“So when I moved back to Batavia, the opportunity presented itself for me to come back here and work as a general manager. And so I took it because, you know, this is my hometown, and I wanted to see where I'm at in my career and field fruition here in my hometown, where, you know, obviously, I am a local, so I know how much we can help in the community,” she said. 

"I’m a strong supporter," she added, "and just watching my crews succeed, and my managers succeed, and making sure that they have the adequate training as far as growing McDonald's as a business and growing their personal lives and their personal journey of their own, and watching them grow both personally and professionally, is the most satisfying thing to me. Just always being their coach and always being their supporter is such a daily blessing to me.”

As for receiving the award, “I was completely surprised. It was an honor,” she said, adding that she would consider more of an investment in the future.

“McDonald’s offers so many opportunities, I do aspire to grow professionally,” she said. “It is something I would be looking forward to in the future. The majority of my family is in Batavia, and my children are here.”

She also pointed to a company stat about one in eight Americans working or having worked at one of the more than 40,000 McD’s in the world, offering employment to a diverse population of folks. Her daughter, Bridgette Nordee, may be following in mom’s footsteps, working now as a crew member.

Bruce worked at five different locations during her journey since high school, helping to improve performance and ensure each location was set up for success, company officials said. She has remained close to the pulse of education by hosting multiple McTeacher’s Nights each year, which raise money for PTAs, and as an advocate for the Archways to Opportunity program, an educational strategy that gives McDonald’s employees an opportunity to grow and learn by providing them assistance with improving English skills, earning a high school diploma, working towards a college degree, or helping to make an education and career plan with advisors.

Bruce’s award includes a cash prize, a trophy and a trip to McDonald’s Worldwide Convention in Barcelona, Spain. 

“I’m extremely appreciative to be receiving the Ray Kroc Award this year. I’m consistently looking for ways to grow both personally and professionally and am so honored to be presented with this recognition,” Bruce said. “McDonald’s has provided me with so many wonderful opportunities to grow in my career and serve my local community. I love watching my crew succeed and support one another to reach our goals.

“I’m always taking the high road, just pushing positivity and having a welcoming environment, pushing a positive mindset,” she said. “I just go into each day trying to be better than I was yesterday."

McDonald's independent franchisees and regional management nominate restaurant managers for the Ray Kroc Awards to recognize their hard work, dedication, and commitment to McDonald's and its customers.  Restaurant managers play a critical role in delivering an outstanding customer experience and ensuring that McDonald’s is a great place to work, officials said.

“We are extremely proud of Lydia and her dedication to our team, customers and the Batavia community,”  local McDonald’s Owner/Operator Harry Schatmeyer said. “She is a true testament to the people-first culture we promote here at McDonald’s and is well deserving of this recognition.”

lydia bruce and Bridgette Nordee
Lydia Bruce and her daughter Bridgette Nordee, who also works at McDonald's.
Submitted photo.
lydia bruce and shift managers
Lydia Bruce with Mary Murphy and Connlan Hotnich, department managers at the East Main McDonald's.
Submitted Photos.

New management, a pandemic, and five years later, zoning to finally get an update

By Joanne Beck

Now that City Council has agreed to commit $75,000 for a zoning code update — through a vote taken during this week's business meeting — the city will be able to get up to speed with that part of its comprehensive plan.

The zoning code update was to happen about five years ago, but a change in management and the bane of everyone’s existence — COVID — came along to put a halt to those plans, City Manager Rachael Tabelski said during an overview of the need for funding. 

Rachael Tabelski
File Photo of City Manager Rachael Tabelski addressing City Council during a meeting. 
Photo by Joanne Beck

“Many of you remember when the city undertook the planning effort in about 2016-17 that culminated in the adoption of the Comprehensive Plan update. Among several recommendations in the plan, one of the significant recommendations was that we update our zoning code … we need to have flexible zoning if we are going to be able to have more housing in different areas than we've had in the past, specifically, if it's been an industrial or commercial area that might lend itself to housing,” she said. “So, as the manager at the time left, and we went through reorganization here at the city, I think it's time that we get back to this process and update, and this is just the zoning code update.”

She had provided that explanation during a previous council meeting, requesting that the $75,000 come from an unassigned fund balance and be put into a fund specifically for the purpose of updating the zoning code. 

“So we could move forward with the process. It would probably be a nine to 12 or 13-month process where we would have a formal committee that gets together. Typically, we'd like members of the existing Planning Committee and the Zoning Board of Appeals and citizens to be part of that committee,” she said. “We will do public outreach through the process. So it is a planning process. But in the end, you'd have an approval and a public hearing to change the zoning codes. So again, it's a long process, but long overdue, and we have had it as one of our goals from the Comprehensive Plan and the city's strategic plan for several years.”

A council member asked how she came up with the figure of $75,000, and she has been around other comprehensive studies that have cost at least that or double, she said, for the total plan and rezoning, “so I was thinking we plan to put it out for RFP, with our prequalified engineers, or open it up.”

“I haven’t made that decision yet, but I was hoping this would be enough to bring in the consultant to guide us through the process,” she said. “Because we definitely do need an expert sitting with us through the process, but with that, it would be staff members and, like I said, committee members and citizens that participate.”

Council voted on Monday to transfer the $75,000 from the general fund unassigned fund balance into a committed fund balance for the project of zoning code update and future land use planning.

This project will help to achieve the goals of the 2017 comprehensive plan update, in which the city outlined a future-use land map where new zoning regulations will dictate the form and use of properties within the city. 

CCE of Genesee County 2023 Annual Meeting

By Press Release

Press Release:

Cornell Cooperative Extension (CCE) of Genesee County will hold its Annual Meeting and Recognition Dinner on Tuesday, October 24 at 5 p.m. at Terry Hills Restaurant, 5122 Clinton Street Rd., Batavia.

CCE of Genesee County cordially invites you to join us for dinner and help us recognize employees and volunteers. Cornell Cooperative Extension friends, volunteers, and members of the community are welcome to attend.

Please register by October 16 by visiting our website or contacting Laura Guiste: leg224@cornell.edu or 585-343-3040 Ext. 101.

Weather delays Commerce Drive, Federal Drive and Treadeasy Avenue paving project

By Press Release

Press Release:

To all motorists, businesses, and property owners along Commerce Drive, Federal Drive and Treadeasy Avenue in the Town of Batavia:

Due to regional rain delays on other projects this project is being delayed a day. The new schedule for Commerce Drive, Federal Drive and Treadeasy Avenue is for paving to occur on Oct. 12 between the hours of 7 a.m. and 5 p.m. Paving will begin on Commerce Drive and Federal Drive.

Once work is complete paving operations will move to Treadeasy Avenue (portion of roadway between railroad tracks near Summit Lubricants TO city-line). 

All efforts will be made to maintain access to and from the properties. Properties will experience delays in access while paving through driveways.

Motorists will experience changing traffic patterns to include one-way movements, temporary closures, and flagging operations as the paving project progresses. All efforts will be made to get motorists to and from their destination with minimum delay.

This work is weather dependent. If work is delayed it will be rescheduled for the next available date.

If there are any questions concerning this work, please contact The Town of Batavia – Highway Department at (585) 343-1729 Extension 218. Thank you for your cooperation in advance.

Batavia man accused of dealing crack cocaine in the city

By Howard B. Owens
leonard a. johnson mug shot
Leonard A. Johnson

A 30-year-old Batavia resident has been accused of dealing drugs following a six-month investigation by the Local Drug Task Force.

Leonard A. Johnson, III, is charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree.  The charges are Class B felonies.

Johnson is accused of selling crack cocaine to an agent of the task force in Batavia on two separate occasions. 

Following an arraignment in County Court on the sealed Grand Jury indictment, Johnson was released on his own recognizance.

The task force was assisted by Sheriff's deputies and the District Attorney's Office in the investigation and apprehension of Johnson.

As he approaches 100 years old, WWII vet receives high school diploma in Le Roy

By Staff Writer
Vernacinni honorary degree Le Roy
The Board of Education of the Le Roy Central School District, and Superintendent Merrit Holly, stand behind Steve Vernaccini, a 99-year-old World War II vet who was unable to graduate in 1942 while serving in the U.S. Army. He received an honorary degree, class of 1942, from the Board of Education on Tuesday. 
Submitted photo.

A 99-year-old World War II veteran who would have graduated in 1942 if he hadn't left school to support his family received an honorary diploma on Tuesday from the Le Roy Central School District Board of Education.

Steve Vernaccini went to work for Lapp Insulators at age 17. A year later, he was drafted and became a radar operator in the U.S. Army for nearly three years.

"I can't explain to you how gratifying this is to receive this," Vernacinni said. "I'd like to have had this a long time ago, but Uncle Sam wanted me, so I did what he wanted." 

Vernacinni will celebrate his 100th birthday on Oct. 16.

While attending Le Roy Schools, Vernacinni was a member of the High School Band. He played the baritone horn for five years. He was also the track manager.

Principal David Russell presented Vernaccini with his honorary diploma with his family in attendance.

Russell said Vernaccini is a person who embodies the true spirit of what it means to be an Oatkan Knight.

"On December 8, 1941, the day after the attack on Pearl Harbor, President Franklin D. Roosevelt famously stated, 'The American people in their righteous might will win through to absolute victory.' The 'absolute victory' referred to by President Roosevelt would not have been possible without people like Mr. Steve Vernaccini. Mr. Vernaccini answered the call to serve during World War II, and in doing so, sacrificed the opportunity to make many memories with his family and friends."

Information and photos courtesy Le Roy Central School District.

Vernacinni honorary degree Le Roy
Vernacinni honorary degree Le Roy
Principal David Russell with Steve Vernaccini.

Shelby seeks to join Orleans lawsuit against STAMP sewer discharge into Oak Orchard

By Tom Rivers
stamp sewer
A sewer main is shown along Route 63 in the Town of Alabama in the Iroquois National Wildlife Refuge on Sunday. The Town of Shelby wants to join an Orleans County lawsuit against the sewer construction in Orleans County and the discharge of treated wastewater into Oak Orchard Creek.  
Photo by Tom Rivers

The Town Board, in a 4-1 vote this evening, decided it wants to join an Orleans County lawsuit that seeks to stop construction of a sewer main along Route 63 from the STAMP manufacturing site in Alabama to the Oak Orchard Creek in Shelby.

Orleans County on Sept. 11, filed suit in State Supreme Court to stop a sewer line from coming into the Town of Shelby and depositing up to 6 million gallons of what Orleans says is “contaminated” water into the Oak Orchard Creek.

The county alleges that the Genesee County Economic Development Center formed a “sham corporation” in STAMP Sewer Works to make the 9.5-mile-long sewer main happen.

Orleans officials worry the sewer discharge could impair the water quality of the creek, cause flooding and hurt economic development opportunities at the Medina Business Park.

Scott Wengewicz, Shelby town supervisor, said he agrees with the concerns voiced by the county in opposing STAMP.

Shelby will spell out its reasons for objecting to the project when it files a notice to intervene with State Supreme Court Justice Sanford Church. The judge has set a court date for Oct. 23 at the County Courthouse in Albion for the initial hearing in the Orleans lawsuit. He also has issued the preliminary injunction to not allow any sewer main construction in Orleans County until the arguments are presented in court.

Kathy Bennett, the Shelby attorney, said the town has “a right to have at seat at the table” in court and any other discussions about the project.

“We are clearly an interested party,” she said after this evening’s Town Board meeting.

Ed Zelazny, a town councilman, cast the lone vote against seeking to join the lawsuit. Zelazny said the Town Board previously voted in support of the STAMP Sewer Works. That was in a 5-0 vote on Oct. 13, 2020, when Shelby provided its consent to the forming of STAMP Sewer Works.

Zelazny said the Town Board should have demanded money to ease town taxes as part of the vote, and the board members then should have stated their concerns about the impact on the Oak Orchard.

Zelazny said he doesn’t want to see the town commit to spending taxpayer dollars on another lawsuit.

Bennett, the town attorney, said the vote from the Town Board about three years ago was only for the formation of STAMP Sewer Works and didn’t give Shelby’s blessing to discharge wastewater from STAMP into the Oak Orchard.

STAMP would send up to 6 million gallons a day at full capacity. The first two tenants at STAMP – Plug Power and Edwards Vacuum – would have a daily discharge of 50,000 gallons of treated wastewater, GCEDC said.

Story courtesy Orleans Hub

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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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