Stories from

This is the Remembering 9/11 display set up at City Centre by the NYS Museum, one of several 9/11 artifact displays set up in various municipalities throughout New York.  The car is an unmarked NYC Port Authority sedan that was found under the rubble of the Twin Towers. The display is outside the mall-side entrance to Batavia City Hall.

Scaffolding was erected this week around the tower of the St. Jame's Episcopal Church on East Main Street, Batavia. St. Jame's is undergoing renovation and restoration work to help preserve the church.

Sorry for the lack of posts today -- it's been such a busy week I haven't had time to do the things that, you know, actually get money into our bank account.

At one point, I did pop down Evans Street and saw city firefighters spraying a little water on the ice arena parking lot.

I doubt this was an attempt to cool down. It was probably part of the training course for our two newest firefighters.

Batavia High School JV cheerleaders are washing cars today to raise money for new warm-up uniforms. They've set up their hoses and buckets on West Main Street, Batavia, in between Beverly's Flowers & Gifts and IR Systems/DirecTV.

A city Department of Public Works employee operating a street sweeper thinks he may have hit a car at Ellicott and Liberty streets. But he's not sure.

The worker told a police officer over the radio that "I was swinging out and he made a turn right in front of me. I think I hit him, but I'm not sure. He drove off."

A city police officer is responding to investigate.

The Barker Brothers, jailed in June on drug charges, are accused of using their time behind bars to plot murder.

The brothers, Derick, at left, and Justin, allegedly arranged for a friend from Georgia to travel to New York and snuff out an unidentified target. But when the would-be killer couldn't make the trip, the brothers allegedly asked another person to do the deed.

According to the Genesee County Sheriff's Office, money changed hands and an agreement was reached.

The potential target, who was notified by law enforcement about the plot, was never in danger of harm, according to the Sheriff's Office.

Derick W. Barker, 26, of Tera Boulevard, Jonesboro, Ga., and Justin Z. Barker, 22, of North Lyon Street, Batavia, where both charged with one count of conspiracy in the second degree.

The investigation into the alleged conspiracy began two months ago, according to the news release.

Separate from the conspiracy investigation, Justin Barker is also charged with 303 counts of aggravated harassment, 2nd, and one count of criminal contempt, 1st.

Justin is accused of contacting a person protected by court order 303 times by telephone and U.S. Mail between June 1 and Aug. 31.

The order of protection was issued by Justice Thomas Graham in Oakfield Town Court.

Justin is also charged with three counts of forgery and three counts of offering a false instrument for filing, 1st.

Justin and Derick were arraigned in Batavia City Court and jailed without bail.

The Barker Brothers made news in June when police were called to a local hotel where a trio of young men were accused of not paying their bill and refusing to leave a hotel room.

Derick reportedly fled the hotel and was eventually flushed out of a farm field on the opposite side of the Thruway.

The drug charges that put them in the Genesee County Jail in the first place, along with other charges, stemmed from the June 1 incident.

On Tuesday, Jim DiSalvo invited me to his house on Fargo Road, Stafford, to meet his son, Jason, and Jason's racing team. I thought I'd get a picture and share a little bit about the great season Jason is having.

I set up a shot with a couple of bikes in the background and just as we were getting ready to make a photograph, Jason asked, "When will your picture run?" I told him, "probably tonight."

Well, that would never do. See that Triumph in the background -- the racing world didn't yet know that Jason would be running it this week at the final race of the season in New Jersey.

I agreed to hold the picture until the bike change was officially announced, and I also redesigned the shot to better include the bike in the picture.

This evening, the DiSalvo team officially announced that for the last race as well as next season, Jason will race a Triumph 675 Triple in Daytona Sportbike class races.

Jason said the team felt they would get great support from Triumph and he was excited about the switch.

Race 1 on Saturday will start at 2 p.m., and Sunday's race starts at 2:15 p.m.  Live timing for both events can be viewed at www.amaproracing.com.

Speed TV will air the races at 11 p.m. on Saturday and Sunday.

Jason is currently third this season in points standing with three wins and four pole positions.

Pictured with Jason are Jordan Fielder, left, Bubba Evoy, Chase McFarland and Ronnie Saner.

A pair of paving contractors from New Hampshire were jailed yesterday after being accused of soliciting without a permit.

Taken into custody where Stephen C. Batchelder, 31, of Mammoth Road, Hooksett, N.H., and Robert J. Batchelder, 33, of Thorpe Street, Manchester.

The duo was allegedly observed on North Lyons Street in the city soliciting driveway paving jobs. A short time later, Stephen and Robert reportedly arrived at an address on North Lyons to pave the driveway of a resident. 

Sgt. Thomas Sanfratello interviewed the subjects and learned they worked for Affordable Asphalt but allegedly did not have a permit to solicit in the City of Batavia. Sanfratello reports that he learned the duo had been ordered out of service by the federal government.

A State Police inspector was called to the scene. He inspected the vehicle and trailer being used by Stephen and Robert. As a result, Stephen was issued 15 additional license, registration and equipment violations.

Stephen was jailed on $2,500 bail and Robert was jailed on $750 bail.

According to the Nashua Telegraph, Robert and Stephen are tied to the Stanley Paving Company. As The Batavian reported in 2010, some local residents felt they might have been scammed by Stanley Paving.

As we reported in April, Stanley Paving was again reportedly working in Genesee County this summer.

Photos: Stephen Batchelder, top; Robert Batchelder, bottom.

Raymond S. Woeller, 51, of 66 Lake St., Apt. 2, Le Roy, is charged with possession of a forged instrument, 2nd, and grand larceny, 4th. Woeller is accused of forging a friend's signature and withdrawing money from that person's bank account. Woeller was picked up at 11:26 p.m., Wednesday, on a warrant out of Batavia City Court. He was jailed without bail.

A 16-year-old of Mechanic Street, Byron, is charged with endangering the welfare of a child. The youth allegedly ran away from a foster home with two juvenile females.  The youth was jailed on $250 bail.

A 16-year-old of Spencer Court, Batavia, is charged with petit larceny. The youth is accused of stealing $52.58 worth of merchandise from Kmart.

Russell Ray Miles, 43, of East Main Street, Le Roy, is charged with harassment, 2nd. Miles is accused of pushing another person during an argument in the parking lot of the Le Roy Country Club. The incident was reported at 8:11 p.m., Wednesday.

Kayla L. Rapone, 20, of 24 Holland Ave., Batavia, is charged with person under 21 purchasing alcohol. Rapone is accused of using a fake ID to purchase beer at a local store.

Kurt H. Hawkins, 18, of 3 Tracy Ave., Batavia, is charged with harassment, 2nd. Hawkins is accused of punching another person in the face.

It's a place teeming with wildlife, a bit of a birder's paradise. It's 400 acres of accessible open space where local residents can walk their dogs, go for a jog or just enjoy a stroll along well-maintained paths.

Some might call it a park.

We call it the Batavia Wastewater Treatment Plant.

A lot of area residents, even if they know of the plant, may not know it's open to the public, or appreciate its natural aesthetics.

"It's great that the city is able to provide access to this great resource," said Tom O'Donnell, president of the Buffalo Ornithological Society. "It's a unique place to view waterfowl and shore birds."

Some 180 different species of birds have been spotted on the property during its 21-year history, including herons, loons, egrets, hawks, terns, swans and, of course, a variety of ducks and geese.

Birders from throughout the region know of the facility and have even traveled from as far away as Finland specifically to go birding in Batavia.

What makes the plant unique is the lack of reeds and trees between the birder and the birds, said O'Donnell. The vantage point, with the raised berms around the lagoons, give birders an exceptional angle to view waterfowl and shore birds.

It's tempting to call the fenced-in treatment plant a bird sanctuary, but it's prime function is to treat the city's effluent and turn it into something environmentally safe to pump back into the Tonawanda Creek.

The process is all natural -- no chemicals -- and it takes six to nine months for a molecule of water to pass from the facility's mechanical screen to the gravity outflow pipe near the pedestrian bridge at Walnut Street on the Tonawanda.

According to City Manager Jason Molino, the treatment plant is the largest lagoon system east of the Mississippi.

"That plant is a resource that I don’t think people understand," Molino said following a city council meeting last week. "It’s a special plant. It’s 400 acres. It doesn’t use chemical treatment. It’s natural treatment, so there’s no chemical cost. Only four people run it, seven days a week. You find me a sewer plant that has low labor costs like that, low treatment costs -- that's why our sewer rates are some of the lowest in Western New York."

And the plant is paid for. A combination of federal grants and municipal bonds helped get the plant constructed and the bonds are all paid off.

It even generates a little revenue (besides sewer-rate fees). A contractor pays up to $6,000 a year to harvest fat head minnows from some of the ponds. The minnows were brought in to help balance the treatment of the water, and while birds feast on the little fish, they breed faster than even the hungriest herons can consume them.

The plant's natural treatment process is not without precedent, according to Rick Volk, chief operator of the wastewater plant.

"The idea of lagoon treatment is as old as Egypt," Volk said. "What we did in Batavia is take a system that is as old as Egypt and apply new technology."

From 2.5 to 3.5 million gallons of raw sewage arrives at the plant daily (capacity is 5 million gallons per day). It is pumped into a screening process that removes everything larger than a cigarette butt, then goes through an aerated grit chamber to remove sand and dirt (this is the one part of the plant that produces any real stench).

After screening, the effluent is pumped into aerated ponds. The ponds provide oxygen treatment that consumes matter in the wastewater. Air is pumped into the water by 200 horsepower compressors. This process takes about a month.

The aerated ponds are popular with ducks who can be found by the dozens either in the water or resting on the long, black aeration pipes that float on the surface of the water.

The wastewater is then fed alum to assist in phosphorus removal as it flows into two secondary ponds. The 45-acre ponds are up to 8-feet deep where biological activity and settling removes more waste. The process takes up to 42 days.

Next, a lift station hoists the water up above the four tertiary ponds, which are from 25 to 35 acres each and have an adjustable depth of 3 to 12 feet. At this point, most of the suspended solids are removed.

This is where you'll find minnows and the waterfowl who feed on them, as well as a variety of other birds flitting through the air, from northern flickers to least flycatchers.

The final step on a molecule of water's journey is to pass through one of three wetlands -- ponds with reeds and other aquatic plants that help "put the final polish," as Volk said, on the wastewater.

The largest of the ponds is popular with ducks, geese, herons and snowy egrets.

The whole process is designed to ensure that only water that is safe for people, crops, fowl and fish is piped back into the Tonawanda.

Plant staff conduct frequent tests -- regulated by the state -- in a lab at the facility to ensure each step of the process is cleaning the waste as it should and that the final product shipped out to the Tonawanda is up to environmental standards.

Staff is on duty from 7 a.m. to 3 p.m., which is the only time the ponds are accessible to the public.

The current four staff members are about half of what the city needed to run its pre-1990s wastewater plant, according to Volk.

While not officially a park, as long as the plant is open, area residents are welcome to visit anytime during plant hours, Volk said.  

Guests are asked to sign a registry in the main building, but are then free to wander the property. With permission, guests can drive their cars -- it can be a long, long walk to the tertiary ponds -- on the well-maintained gravel roads that surround the ponds.

Volk said there are times when work being performed by staff will prevent guests from driving on the roads, which is why it is necessary to ask first.

And if you go, you really want to get back to either the tertiary ponds or the larger of the three wetlands. This is where you will see the greatest variety of birds.

There's also a park of sorts on the west end of the facility, along Donahue Road. There's a small parking lot and footpaths that allow, at points, for visitors to view the tertiary ponds as well as a reconstructed wetland -- abatement for a wetland destroyed when the plant was built. The area is open to the public at all times, but no hunting or trapping is allowed.

More reading: The Wiki Guide to Birds.

If you have trouble viewing the slide show below, click here.

It might be a bit of glasnost in the Genesee County Legislature, a weakening of the hard line legislators have taken against a tax increase for the past few years.

The oft-repeated word by the nine legislators during an impromptu budget discussion Wednesday was "tweak," as in, "tweak the current rate just a little bit."

"I think all of us have an interest in keeping the rate the same," Legislator Hollis Upson said. "One thought I have been pondering though is that with the 2-percent tax cap, I could be persuaded to let some expansion take place just a little bit. I'm not so worried about this budget, but the lack of control we have on mandates and what that means in future years. I'm a little concerned about holding the line so close that it puts us in a straitjacket or requires large cost cuts that must come from somewhere.

"I've got to the point," Upson added, "where I can tolerate a little bit of a tweak, as little as possible, and only after exhausting every other opportunity to cut costs."

Several other legislators also said a "tweak" might be exceptable, some even after taking a hardline stance in favor of cuts and against any tax increase.

"I still say there's room among our labor force to where there is still fat that can be cut," Legislator Jay Grasso said.

Grasso expressed concern that some department heads haven't been willing to step up and say what cuts they would be willing to make to help the county trim as much as 5 percent in spending.

"As much as I support public safety, that has to be looked at as well," Grasso said. "If we look at aggressive, across-the-board cuts, everybody feels the pain. If there are cuts, no department should be spared."

While offering tepid support for "tweaks," he also said he was concerned that any rate increase would send the wrong message to Albany -- that Albany can keep pushing unfunded mandates on counties knowing that if they must, counties will just raise taxes.

If a "tweak" means staying under the 2-percent tax cap, then the county could only generate only $500,000 in new revenue. Several legislators and County Manager Jay Gsell acknowledged that's just a drop in the bucket compared to the potential shortfall the county is facing.

"We need to get to $136 million (in spending) and even I think that is highly unrealistic," Gsell said.

The county has cut spending by 30 percent over the past few years. But with about 90 percent of the county's budget going to unfunded mandates, and costs rising year after year on those mandates -- primarily Medicaid and pensions, it's getting to the point where the only cuts left to make are to essential services. 

"As a former mayor of Oakfield, I'm very conscious of our aging infrastructure," Legislator Ray Cianfrini said. "We're still wrestling with our water tower issue. If we keep putting off spending on infrastructure, we're only kicking the can down the road and putting of the inevitable. 

"When I look at the damage caused by Hurricane Irene and the roads washed away and the bridges collapsed, I think 'that can happen to us.' Our bridges aren't safe and our roads barely meet standards. If we don't have the money to (take care of infrastructure), then I would not be opposed to tweaking the rate to see if we can generate some money for that."

Cianfrini also expressed concern about some funding inequalities creeping into the budget. For example, he said, the DA's office now has the same staffing levels as the public defender's office. However, the DA's office handles 100 percent of the criminal cases in Genesee County, while the public defender's office only handles cases for clients who can't afford a private attorney.

The County Clerk's office also came under scrutiny.

Last year, County Clerk Don Read argued that since his department creates revenue for the county, it should be exempt from cuts. Cuts, he argued, would diminish his department's ability to generate as much revenue.

"Why shouldn't they be asked to do more with less and then generate more money that might be applied someplace else," Legislator Bob Radley said. "Just because you pay your way shouldn't mean that you shouldn't be asked to help us along the way."

Radley is also worried about the county continuing to subsidize the nursing home at $2 million per year.

"Something needs to be done about that," Radley said.

Legislator Ed DeJaneiro said that while he supports holding the line on the tax rate, he is concerned about the damage being done to the county.

"It will get to the point where we're lessening the quality of life in our community via our nursing home, our health and safety and our infrastructure," DeJaneiro said. "Our infrastructure will be compromised if we don't stay on top of what we can do and our law enforcement will be compromised."

Only Legislator Bob Bausch spoke at length about ways to raise revenue other than a tax increase. His idea -- a marketing campaign to encourage people to spend more of their dollars locally instead of in neighboring counties.

"I have suddenly become very aware of where the heck I buy my gas," Bausch said. "I buy a lot of gas every week for my personal car and my company cars. If I'm going from Bergen to Perry or from Batavia to Perry on my typical runs, I'm buying a lot of gas."

Bausch suggested if more people who travel out of county were conscientious about buying their gas closer to home, it could help generate a good bit of extra money for the county government, taking pressure off the legislature to raise taxes.

"These things start to add up," he said.

"I'm the last person who is going to tell my wife not to go to the mall in Rochester or Buffalo and not to buy clothes," Bausch said. "I fear for my own life. But when you look at the day-to-day things we buy, it starts to make a difference. We need to get that word out there."

There is a reported fight, both verbal and physical, on Church Street in Le Roy near the footbridge.

One subject may need medical attention.

It is unclear how many subjects were involved, though it appears the fight is over.

Police officer on scene reports, "There's a bunch of people here on the footbridge."

The Federal Aerospace Administration has dangled some grant money in front of local officials for some improvements at the Genesee County Airport. So with time short to accept at least one of the grants, the legislature met in emergency session Wednesday evening to vote on acceptance of the funds.

The grants -- one hasn't officially been offered yet -- move the county a few steps closer to building a new terminal at the airport.

The current terminal is probably more than 50 years old, dating back to a time of grass runways and private ownership.

Even with these grants, however, County Highway Superintendent Tim Hens doesn't see a new terminal on the horizon just yet.

He suspects voters -- and hence elected legislators -- will balk at the $4 million price tag, even though construction of the terminal shouldn't cost local taxpayers a dime.

"Even if the airport can be 100-percent self-sustaining and repay the bond (from airport proceeds), the public still has a perception that times are tough, we're trying to cut taxes and you guys are going to spend $4 million on this," Hens said. "That is a very hard perception to overcome.

"I would love to see it go as soon as next year," Hens added, "but the practical side of me says it won't happen for three to four years."

There are two grants the legislature considered Wednesday.

One, for a new terminal apron, has already been offered by the feds and the county has until Sept. 9 to complete the paperwork to get it.

The second grant is for the design of a new terminal, but Hens said it hasn't officially been offered yet.

"We're in the final month of the fiscal year for the federal government and they have hinted, or wink, wink, we've got more money coming for you for the design of the terminal," Hens said.

"We don't physically have the grant offer in hand yet. But I know that within the next two weeks, based on previous experience, they're going to issue all their grants, figure out their books and say, 'OK, we've got $300,000 left, we can give $200,000 of it to Genesee County."

The grant for the terminal apron is a little more than $1 million and the state will kick in $27,000 for the project and $27,000 in county funds (from sales tax) will be used.

Hens said the current apron -- just west of the current terminal -- is 40 years old, full of potholes and cracks. A new apron will be safer and allow more space for planes to park.

The apron can also be built with a new terminal in mind, including grading and conduits for utilities.

A new terminal, if built, would be closer to West Saile Drive, which would address the chief concern of the FAA: The current terminal is positioned too close to the runway, making it unsafe.

Even so, Hens said, the FAA doesn't typically pay for construction of terminals. It's just not something they do.

So if it's going to be built, it will take a county-sponsored bond to make it happen.

A new terminal would be about the same size as the current terminal, but with a better floor plan. It could allow for food service, a lounge for pilots, a conference room, a counter for car rentals and other services.

Currently, the airport generates more than $100,000 in revenue and an improved terminal could help increase that revenue, Hens said, not to mention that a better insulated, more environmentally friendly building would save expenditures from the airport fund.

"Anything we can do to increase revenue would make it much easier to repay the bond," Hens said.

Even though there are no immediate plans to build a new terminal, legislators thought it wise to accept the $200,000 FAA grant, if offered, with the another $100,000 coming from available airport funds (which can't be transfered to the general fund anyway).

"We want to take advantage of the money if it's there," Legislator Bob Radley said. "We don't want to give back $200,000 of their money."

A caller in the area of Bank Street Road and Route 262 reports an unknown, unusual odor in the area.

There is also a truck parked along the road -- unknown if it's occupied.

Law enforcement first on the scene to secure the area.

Byron Fire Department is being dispatched.

Hazmat caution is advised.

The deputy on scene says there isn't much of a chemical smell in the area. The truck has Texas plates.

UPDATE 8:40 p.m.: The truck appears disabled. There's nothing suspicious in it, no containers. A source has told a deputy that there was a crop-duster in the area earlier today. South Byron fire is standing down. Byron units continuing nonemergency.

Press release: 

STATEMENT FROM CONGRESSWOMAN KATHY HOCHUL ON PRESIDENT OBAMA’S COMMENTS ON JOB CREATION 

“The message I have heard, loud and clear, during my seven ‘Congress On Your Corner’ meetings this month, is that our constituents expect us to work towards real job proposals that will help get our people back to work. I was sent to Washington to work with anybody and everybody willing to help create opportunities in Western New York. 

“Now is the time for us to come up with a critical infrastructure plan that will not only help our local governments build roads, bridges and airports, but also get our economy moving once again.

“When we return to Washington next week, our top priority must be cutting the exorbitantly high unemployment rate and revitalizing our economy. I intend to work quickly to renew the FAA Reauthorization and Surface Transportation Bill and ensure we don’t leave nearly one million workers on the sidelines, as was done to 4,000 FAA employees earlier this summer. As these pieces of legislation progress, I plan to work with my local municipalities to ensure they can apply for their proper funds.

“Congress cannot continue to act in the same hyper-partisan manner it did throughout the summer with the FAA Reauthorization and debt-ceiling negotiations, which is why I plan to continue to work with President Obama, as well as all Republicans, Democrats and anyone else willing to ensure we are creating opportunities for hard-working, middle-class families.”

Supporters of Genesee Justice are feeling a little nervous about funding for the pioneering restorative justice program for 2012.

A heroic effort was made to save the program for 2011, including beginning the process of setting up a nonprofit organization to help sustain the agency's programs.

In part because it's a long process to establish a nonprofit, the Genesee Justice Foundation is still looking to the county legislature to fund the agency at sufficient levels to keep it going.

The $40,000 provided by the county in 2010 won't be enough, said Jane Schmider, president of the foundation.

"Even to continue at that level would be very difficult," said Schmider today following the first meeting of the foundation at Terry Hills. "To keep it going this year Peter often had to rob Paul, but Paul has run out of money now."

So far, the foundation hasn't gotten any clear indication from the county on what to expect from the legislature, Schmider said.

It's expected to be another lean budget year and several county departments are preparing for cuts, but Schmider said Genesee Justice should be considered an essential county service.

"It should be funded by the county," Schmider said. "It's a part of the Sheriff's department. That's where it started, that's where it grew up. It's part of our criminal justice system. It's part of county government."

Asked about fund-raising goals for the foundation, Schmider said, "It would be great if we could raise $50,000 this year. It would be amazing."

She also mentioned the foundation has openings on its board of directors.

Meanwhile, the Batavia Kiwanis Club has taken another victims' program under its wing -- trying to raise $150,000 to help the Child Advocacy Center move into a building the Justice for Children Foundation would own. The CAC would then lease the building at a nominal rate, saving the agency significant money on annual rent.

The Kiwanis are sponsoring a "Bidding on a Brighter Future" Gala and Auction on Sept. 17 at Batavia Downs. Tickets are $40 per person and $75 per couple.  

The Kiwanis are also still looking for donations from local businesses for the auction.

Batavia Downs announced today that Joseph Teresi Jr., one of Genesee County's most tireless volunteers, will receive the 2011 Italian-American of the Year award.

Not long ago, we were writing about Teresi as the 2010 Geneseean of the Year.

In the past he's also been named YMCA Volunteer of the Year as well as a two-time Lions Distinguished Service Award winner and a recipient of "Lion of the Year."

"I'm totally surprised," Teresi said. "With the number of people around here who are worthy of these awards, to be recognized twice in one year is very surprising."

Teresi is being recognized for all of his volunteer efforts, but most notably his effort to start the YMCA's Challenger Sports program and his work with the T.F. Brown's/Lion's Club annual Christmas dinner. He's also a member of the Notre Dame High School Education Foundation and past president of the Genesee YMCA and the Batavia Lion's Club.

"It's always nice to be recognized for your efforts," Teresi said. “I am proud to be an Italian-American and to enjoy the traditions of my heritage, so this award carries a special meaning.”

Teresi was nominated for the award by Joe Gerace, who won the first Italian-American award from Batavia Downs.  

"it's nice to be nominated by the first-award winner," Teresi said. "For him to recognize my efforts, some of the contributions I've tried to make to the community, it's nice, and I'm proud to follow people like Chuck Zambito last year and Ray Cianfrini the second year."

The award will be presented to Teresi on Sept. 9 at Batavia Downs. To make reservations to attend the event, call Sara Tenney at (585) 343-3750, ext. 309.

Photo: File photo by The Batavian.

Sen. Kristen Gillibrand visted the Post-Traumatic Stress Disorder clinic at the Veteran's Hospital in Batavia today.

Listen to Geoff Redick on WBTA this afternoon for a report on Gillibrand's visit.

UPDATE: Geoff Redick's report is now available on WBTAi.com.