Press release:

The 2018-19 school year is fast approaching. Byron-Bergen families with children who have turned 4 or 5 years of age by Dec. 1, 2018 should register them for Universal Prekindergarten (UPK) or kindergarten as soon as possible.

Universal PreK Registration

The Byron-Bergen School District hopes to once again offer a half-day Universal Prekindergarten (UPK) program for the 2018-19 school year. The class will be held at the Byron-Bergen Elementary School, which is located at 6971 W. Bergen Road, Bergen.

Students eligible for the program must have turned 4 years of age by Dec. 1, 2018. If you have a child eligible and are interested in having him/her attend our UPK program, please send a letter of interest by Friday, April 6 with your child’s name, parents’ names, address, phone number, and date of birth to: Brian Meister, Elementary School Principal, 6971 W. Bergen Road, Bergen, NY 14416, by Friday, April 6.

Parents who have already contacted the Elementary School by phone will still need to send in a letter to be eligible for UPK. Please note that if we receive more than our allowed capacity, we will select students using a lottery system.

What are the program goals of UPK at Byron-Bergen?

To meet the NYS learning standards by using a curriculum that is thematically-based and supported using literature, songs and exploration.
To foster an environment that promotes happy, confident children who are willing to take risks, make independent choices, and ask questions.
To create an inclusive community that builds upon the student’s strengths and accommodates his/her needs.

Philosophy of UPK

The UPK program at Byron-Bergen is focused on socialization, learning through play, and self-exploration. Children learn through a hands-on learning environment that includes activities, learning centers, concrete materials, and manipulatives. Students learn through a nurturing environment that is enriching, challenging and developmentally appropriate.

Kindergarten Registration

Children who are 5 years of age, on or before Dec. 1, 2018, are eligible for entrance to kindergarten in September of 2018. New families in the school district should notify the school if they have a child that will enter kindergarten in September of 2018.

Parents may contact the Byron-Bergen Elementary School Office by calling 494-1220, ext. 1301. Information may also be sent to the Byron-Bergen Elementary School, 6971 W. Bergen Road, Bergen, NY 14416.

All children registering for Kindergarten will be scheduled for a screening appointment this summer. The results of this screening will be used to plan for the 2018-19 Kindergarten Program.

The following items are necessary to complete the registration process:

1.       Your child’s Birth Certificate;

2.       Certificate of Immunization—New York State law requires that every child entering school must have received a minimum of five doses of diphtheria-pertussis-tetanus vaccine (DPT) and four doses of polio (IPV) vaccine, two doses of MMR (measles, mumps, rubella), three doses of Hepatitis B, and two doses of varicella (chickenpox). Those children born on or after 1/1/2008 must have four doses of Pneumococcal Conjugate Vaccine (PCV). Their immunizations must be completed prior to entering school;

3.       Proof of Residency—If this is the first time you have a child entering Byron-Bergen Central School District, please bring proof of residency to your screening appointment. This can be a copy of your mortgage statement, rental/lease agreement or a copy of your tax bill.

Have you considered Falleti Motors service department for your automotive repair/maintenance needs? Our service department repairs all makes and models.

We provide a wide range of services including oil changes, tire rotations, brake repair, tires, NYS inspections, tune ups, exhaust repair, check engine light repair and more!

We provide friendly service. We value your time and business. We will take the extra time to explain a repair until you are comfortable. If we recommend a repair or service we will always be more than happy to physically show you the part that is being replaced (upon request) and explain the reasoning of why it should be replaced.

Our prices are very competitive. We take pride on providing excellent quality repairs at an affordable rate. If you bring us a quote from another repair shop, we will beat that quote. We offer all brands of tires. We are proud to offer the lowest tire prices available. On top of offering the lowest tire prices available, we will provide free tire rotations for the life of the tires.

Pick up and drop off service is available (must schedule in advance). We can pick your vehicle up from home, work, school etc. and service the vehicle. After completion we can return the vehicle to you. There is no charge for this service.

We work with all extended warranty companies. To schedule service please call today (585) 343-2222.

Financing for developer Savarino Companies on the Ellicott Station project should close by mid-to-late March, according to Economic Development Coordinator Julie Pacatte.

Pacatte reported progress on the project to the Batavia Development Corporation board of directors this morning. 

The complicated financing deal to pay for the $18 million development, which includes a restaurant/brewery, apartments, and office space, includes some of Savarino's own money (about $3.5 million), grants, tax credits, and private investment (about $10 million) through a program called a New Market Tax Credit.

Empire State Development has promised $1.9 million for the project and has agreed to release the funding in stages to help pay for the project as it proceeds. ESD will get back 1 percent of the grant money as a "commitment fee."

That grant is administered by the BDC.

There is also a $500,000 grant from the state administered by the City as part of the Restore NY program.

The project will also receive tax abatement through Genesee County Economic Development Center.

There is also one brownfield tax credit already granted through the state because of the environmental cleanup needed at the former Della Penna property.

There is an application pending for the former Santy Tires property.  

Pacatte said the DEC requested more information on the possible environmental contamination on the property, indicating not enough evidence has been presented yet that the property has enough contamination to warrant the tax credit.

None of the environmental tests on the property done so far were taken inside the old repair bays.

"It was a repair shop for 50 years, so there really is no worry that it's dirty," Pacatte said. "The DEC just asked for more documentation."

Last month, Savarino acquired Ellicott Station LLC, the corporation set up by the BDC to take title to the two parcels on Ellicott Street, and when the financing closes, will pay the remaining $55,000 of the $60,000 purchase price to the BDC.

Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.

District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.

For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.

Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction. 

He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.

As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions. 

"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."

Genesee County is not immune from one of the worst outbreaks of flu in New York on record.

Health Department Director Paul Pettit said there have been 149 confirmed cases of flu in Genesee County so far this season, compared to just 38 at this point last year.

"This type of increase has been seen across the state and country," Pettit said.

Across the state, there were 6,083 flu cases reported according to the state's Department of Health. There were 1,606 people hospitalized with confirmed cases of the flu in New York. That's the highest number recorded since the state started tracking flu cases in 2004.

There have been no flu-related deaths reported in Genesee County, Pettit said.

Across the nation, 30 children have died as a result of the flu, and the majority of those children were probably not vaccinated, the CDC reports. Adult flu-related deaths are generally not reported and tracked.

Dr. Dan Jernigan, director of the influenza division at the Centers for Disease Control and Prevention, said he's concerned that early reports that the current vaccine is only 10 percent effective may have misled people into thinking they shouldn't bother with the vaccine. 

Even if the vaccine doesn't prevent a person from contracting a specific flu strain, it does lessen the severity of the symptoms and can help avoid hospitalization. The current vaccine does protect against multiple strains of flu. Flu shots also helps prevent the spread of the flu, especially to vulnerable people such as children and the elderly.

Pettit encouraged local residents to get vaccinated soon.

"The season typically peaks by the end of February, so we are still strongly encouraging folks to get the flu shot," Pettit said. "It remains the best protection for yourself and others and getting the shot often helps reduce the severity and duration of the flu if you do get it."

Perry came out on top Tuesday night in a match of two of the best Class C teams in the region, beating Le Roy 47-32.

Perry, ranked #10 in the state, is now 12-2, and Le Roy is 10-3.

For Le Roy, Reece Tresco scored 11 points and had five rebounds, two assists and two steals. Canyon Roster had 11 rebounds.

For Perry, Tyler Cowie scored 19 points, pulled in 15 rebounds, had two assists, three steals, and four blocked shots. Austin Croll scored 13 points and had five rebounds.

Brandi Elizabeth Schmiedicker, 24, of Genesee Street, Corfu, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely. Schmiedicker was charged following an investigation into a motor-vehicle accident by Deputy Mathew Clor that was reported at 1:14 a.m. today on Genesee Street, Darien.

As a result of a series of statewide regional forums hosted by members of the Assembly Republican Conference, Assemblyman Steve Hawley (R,C,I-Batavia) today spoke at a press conference in Albany on legislative solutions to combat domestic violence. The full report and all its recommendations have been made public.

The full report, A Safe Haven: Helping Abuse Victims and Enhancing Protections, can be found here.

“Domestic violence is a grave issue that has irrevocable consequences for families and society as a whole,” Hawley said. “I had the opportunity to host one of our conference’s forums in Batavia, and the testimony and information we received was both concerning and valuable.

"This is a complex issue, but after talking with law enforcement, advocates, victims and those on the frontlines around the state, I believe these recommendations will go very far in preventing domestic violence and helping victims feel safe again.”

Some of the recommendations outlined in the report include:

• Providing financial assistance and relief to victims seeking alternative housing or living in a shelter to escape their abuse;
• Declaring domestic violence a statewide public health crisis;
• Creation of a new “Domestic Violence in the Presence of a Child” crime with harsher penalties for abusers;
• Allowing domestic violence victims to obtain emergency panic buttons through local law enforcement or social services; and
• Freeing up law enforcement to arrest more abusers and keep victims safe.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today announced $5.5 million is now available to farmers and agricultural producers as part of two new grant programs. The awards are aimed toward farmland conservation, assisting farmers in identifying available land and ensuring that arable land is permanently protected from development and nonfarm uses.

“Farming is one of the cornerstones of our community and extremely important to our local economy, traditions and way of life,” Hawley said. “Too often, farmers lose the ability to work the land due to environmental concerns or development, and these new grants will help protect our producers and ensure that family farms remain family businesses. I remain committed to giving our farmers a voice in Albany, and I look forward to advocating their concerns as we progress through this year’s session.”

More information can be found on the state’s Agriculture and Markets site and interested applicants can access grant information here. Applications will be processed until all funding for the program has been exhausted.

Hawley is the former owner/operator of Hawley Farms in Batavia and sits on the Assembly’s Agriculture Committee.

Genesee County's unemployment rate grew to 5.3 percent from 4.9 percent in December of last year.

The increase fits the trends for Western New York. Rochester's rate went from 4.7 percent to 5.0 percent. Buffalo rose from 5.1 percent to 5.5 percent.

The rate for the GLOW region went from 5.4 percent to 5.5 percent.

There are 600 more people in Genesee County's labor force than a year ago.

The state's rate decreased from 4.7 percent to 4.6 percent.

The nation's unemployment rate is 4.1 percent.

Monday night is training night for most volunteer fire departments but last night in East Pembroke it was gear inspection night.

For the first time, the annual inspection was conducted in the department's new $3.5 million fire hall.

East Pembroke isn't running calls out of the hall yet. They're not quite settled in. The Internet was just hooked up today. The emergency radio has yet to be installed. And there is a lot of equipment yet to move over from the old hall. Chief Don Newton expects the new hall to be in service in about three weeks.

The department will host an open house in the early spring.

Gear inspection is all about ensuring there are no holes, tears or worn spots in any of the three layers of a firefighter's suit that provides thermal protection.  

Newton explained that East Pembroke buys three sets of gear -- boots, hat, jacket, pants and gloves -- every year. That's an annual cost of up to $17,000.  

But it's got to be done. Worn and damaged gear is a danger to firefighters and state regulations require interior firefighters to use gear that is less than 10 years old.

East Pembroke is starting to rotate interior gear every eight years. That leaves two years of life left on the old gear. It can by used by new volunteers while they go through training and it provides back up gear for a firefighter who might wind up with damaged gear before new gear is purchased.

Monday, members also brought in their Class A uniforms for inspection and inventory.

An example of a hole torn in a layer of thermal protection. This suit was being taken out of service.

The new hall has six bays, with two additional backdoors. Those two longer bays can potentially hold two trucks, giving the hall the capability of parking eight trucks.

A caller reports finding an intruder in his apartment on Main Street in Oakfield.

The subject ran from the apartment.

He's described as a white male wearing a black T-shirt and baseball hat. Unknown direction of travel.

Troopers are responding.

Press release:

Darien Lake Theme Park’s 2018 season will feature two unique, thrilling performers, Magical Entertainer Aaron Radatz and Hypnotist Tammy Barton, as part of the amusement park’s free in-park entertainment lineup.

Dubbed “the magical entertainer to see” by Time Magazine, Radatz started performing at the young age of 6 and quickly turned his grandmother's gift of a magic set into a full-time hobby. Today, Radatz is the newest star to hit the magic entertainment scene. He has studied with many of the masters of magic including Harry Blackstone (Jr.) and recently completed his first 6-month run headlining a casino on the Las Vegas strip. He is also a featured magician on the CW Network’s global sensation TV series “Masters of Illusion.”

Radatz is also the only magician who has been commissioned by the U.S. Pentagon for a command performance for the U.S. military. His dedication to the troops has earned him awards, including such high honors as the Commander’s Coin of Excellence and the Scroll of Appreciation of Honor and Admiration.

Barton has been performing as a professional stage hypnotist since 1993. She began her career working with her parents, both of whom are certified hypno-therapists. She quickly realized that hypnosis performed correctly could be both entertaining and educational at the same time, and could allow her to obtain any goal she set for herself.

In every show, Barton selects willing volunteers from the audience and then puts them into a state of hypnosis. She then guides them though a journey of the mind in which the volunteers act on suggestions she provides. Only the imagination of her volunteers will limit their journey.

Radatz and Barton both performed during the 2012 season and the park is thrilled to welcome them back this year.

“These daily in-park shows are high-quality family-friendly entertainment for all of our guests,” said Chris Thorpe, Darien Lake general manager. “Both Tammy Barton and Aaron Radatz are thrilling, unique performers and we are excited to welcome them back to the Darien Lake for what promises to be a wonderful summer.”

Also returning in 2018 is Ignite the Night, Darien Lake’s nightly laser extravaganza. Music, water, fire, video and pyrotechnics all come together for this laser light spectacular in the air, on the stage and all around, which runs beginning in late May through Labor Day Weekend.

For more information about the park or to purchase a season pass, visit DarienLake.com.

Anthony L. Miraglia, 18, of Byron, is charged with sexual abuse, 3rd, unlawful imprisonment, 2nd, forcible touching, and endangering the welfare of a child. State Police Bureau of Criminal Investigations investigated multiple reported incidents in Genesee County from May 2016 to July 2017. The victims ranged in age from 15 to 17 at the time of the alleged incidents. Miraglia was released on his own recognizance. Investigators believe there may be other possible victims. Anybody with information is asked to contact the State Police at (585) 344-6200.

Winston Ashton Lockhart Sr., 22, of Hutchins Street, Batavia, is charged with assault, 3rd, aggravated criminal contempt, criminal mischief, burglary, and strangulation, 2nd. At 1:39 p.m., Jan. 16, officers were dispatched to a residence no Holland Avenue to investigating a complaint that Lockhart had violated an order of protection. Upon further investigation, officers determined Lockhart allegedly committed numerous crimes and had left the scene. Lockhart was located at the Genesee County Courthouse and placed under arrest. He was jailed without bail.

Matthew Wesolowski, 23, of Burrough Road, Cowlesville, is charged with aggravated unlicensed operation, unregistered motor vehicle, and unlawful possession of marijuana. Wesolowski was stopped at 9:17 a.m. Thursday on Liberty Street by Officer James Prusak.

Michael D. Smith, 18, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and inadequate headlights. Smith was stopped at 9:01 p.m. Jan. 16 on West Main Street, Batavia, by Sgt. Chris Camp.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, is charged with criminal mischief, 4th, and assault, 3rd. Jaequele allegedly attacked another person and damaged property belonging to that person in an incident reported at 11:14 a.m. Saturday. Tomlin is being held in the Genesee County Jail.

Kurt M. Golata, 37, of Oakfield, is charged with harassment, 2nd. Golata was arrested by State Police in relation to an incident reported at 5:50 p.m. Monday in Oakfield. No further details released.

The prospect of keeping professional baseball at Dwyer Stadium is looking brighter after the Batavia City Council unanimously passed a resolution authorizing the assignment of the Dwyer Stadium lease to the New York-Penn League and its wholly owned subsidiary, Batavia Muckdogs Inc.

The NY-P has decided to step in and run the Short Season Class A team, which had been operated by the Rochester Red Wings for the past decade. The league ended the agreement between Rochester and the Genesee County Baseball Club Inc., in November.

“We had several conversations (with NY-P officials) in late fall, and they expressed a desire to stay in Batavia for 2018,” City Attorney George Van Nest said at tonight’s meeting at City Centre Council Chambers.

Van Nest said the issue of extending the lease and sublease is time sensitive since the NY-P hopes to begin assessing Dwyer Stadium later this month. He said the all terms of the current lease will remain the same – removing the GCBC from the lease -- and the extension will be in force through April 2019.

Councilwoman Rose Mary Christian noted that the Red Wings “removed their equipment,” inferring there could be additional City expense above and beyond the $25,000 it contributes to the stadium on an annual basis.

Van Nest said NY-P officials talked about improvements to the facility.

It also is believed that pre-existing agreements for local high schools to use Dwyer Stadium will continue. It is unclear if the NY-P will supply its own staff or use local employees, including longtime groundskeeper Don Rock, who attended tonight’s meeting.

In other action, Council:

-- Agreed to consider leasing three City-owned City Centre Mall parcels (known as the Dent property) to the Batavia Players theater troupe, but expressed concerns about the rent schedule, square footage and the ability to sell the parcels if desired.

Christian questioned Patrick Burk, Batavia Players president, about the number of employees, wages, volunteers and hours invested into their productions. Burk said there are 15 to 20 part-time employees throughout the year at their current location of 56 Harvester Ave., some who receive stipends that pay them “more than minimum wage in some cases.”

But Christian said she had a “problem with leasing any parts of the mall.”

“I want to totally get out of the mall,” she said. “I have a problem with nonprofits not paying property taxes.”

The lease agreement calls for monthly rent charges of $747.92 for months one through six ($1 per square foot), $1,223.86 for months seven through 12 ($3 per square foot), and $2,991.66 for months 13 through 60 ($4 per square foot). It also allows the City to sell the property, with 180 days’ notice. By multiplying the initial rent times 12, that comes to 8,975 square feet that the City would be leasing to the Batavia Players.

Councilman Robert Bialkowski said he found a discrepancy in the square footage, and asked if the City would end up subsidizing part of the maintenance fees.

Van Nest said he and Interim City Manager Matt Worth would look into the fees and square footage and provide that information to Council prior to the Feb. 12 Business meeting.

Council members John Canale and Patti Pacino spoke on behalf of Batavia Players, with Canale calling the organization “a pillar of the community” that would draw much activity to downtown.

“Plus, with the DRI (Downtown Revitalization Initiative award that the City received), part of it is to get the arts to the downtown area,” he said.

Burk said the Batavia Players are seeking more than $500,000 from the City's $10 million DRI award to fund most of the organization's relocation project.

Pacino urged her colleagues to “please put feet on the street downtown” by leasing space to Batavia Players.

In the end, Council voted to move the proposal to the Feb. 12 meeting contingent upon an accurate count of the square footage to be leased.

-- Moved resolutions concerning the 2018-19 budget, water rate changes, Business Improvement District plan and City Centre concourse user fee local law amendments (see preview story below) to the Feb. 12 Business meeting.

-- Agreed to consider a contract with In Site: Architecture LLP, of Perry, to assess the deteriorating condition of the pillars at the north entrance of Redfield Parkway, and conduct design work as required related to lighting, preparation of bid documents, construction specifications, bidding coordination and construction administration at a cost of $4,860.

Worth said In Site: Architecture has an outstanding track record of historic work, and called its bid a “soup to nuts proposal.”

Earlier, Council heard from city resident John Roach, who asked that if it was possible to create a special use taxing district – likely consisting of residents on or near Redfield Parkway -- to pay for the repairs.

“The study will cost $4,800 and it may take $17,000 to fix them (the pillars),” he said. (A special taxing district) would raise money to pay for the pillars without irritating the rest of us.”

Worth and Van Nest said they will look into that.

Batavia City Council members voiced their support of Habitat for Humanity of Genesee County tonight as they agreed to consider a proposal to back to a building project in the flood zone on the City’s south side.

“Habitat for Humanity does an outstanding job, and the best thing about this project is that it’s going to be in the Sixth Ward,” said Councilwoman Rose Mary Christian, who represents residents of that district.

Habitat for Humanity leaders are seeking a $17,395 grant from the City to cover engineering and architectural costs to design a flood-compliant home at 116 Swan St.

Mike Fahey, Habitat for Humanity board president, said the funds are needed because the property is in the 100-year flood zone – and a complete demolition of the existing home is the only way the organization can make the project work.

“Habitat, about a year ago, acquired the property and we were not aware at that time that it was actually in the flood plain,” Fahey said following the Council meeting. “Because of that, we are required to meet FEMA (Federal Emergency Management Agency) requirements to have the property acceptable to everyone, and to make sure that flood insurance can be obtained on the property at a reasonable cost to the homeowner.”

Calling it a “unique challenge” (as it is the first Habitat project in the City’s floodplain), Fahey said it also presents an opportunity “because we’ve always been concerned that the south side of the City of Batavia has not been usable for Habitat or allowed us to go in there and look at home sites because of the floodplain problem.”

The proposal before Council calls for the City to take money from the former Vibrant Batavia fund (there is $48,000 left) – paying half to Habitat when the building permit is obtained and half when there is a certificate of occupancy.

Matt Worth, interim city manager, said that the engineering and architectural design study would become “a blueprint for future (Habitat) homes.”

Fahey said that the design work would be the “property” of Habitat for Humanity, but the group would be willing “to use those plans on any property in the City needing FEMA requirement.”

The total cost of the project is $104,000, an amount that “would be too much for a homeowner,” Fahey said.

“It would exceed any mortgage that they could comfortably handle. So we’re asking for some money to offset the cost to Habitat for the engineering,” he said.

Fahey said the property is in terrible condition and has to be demolished.

“We attempted to see if we could elevate the property, but it’s structurally unsound so that is an additional cost that Habitat, itself, is going to accrue,” he said. “That will not be handed off to the homeowner.”

He said that the structure is only about two-tenths of a foot below the floodplain, but still has to come down in order to meet FEMA regulations.

“The concrete slab has to be engineered in such a way so that if there is a flood, the water can escape from the building and not cause any future damage,” he said.

“Once we bring the building – the new build – to FEMA compliant, that reduces the cost of the flood insurance by two-thirds. Flood insurance will still have to be obtained for the property, but at a much more reasonable cost.”

City Council moved the resolution to its Business meeting on Feb. 12.