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Accused drug dealer from Rochester has bail set at $10K

By Howard B. Owens
       Edwin Peart Jr.

A suspected drug dealer from Rochester arrested on Pearl Street in Batavia this week will have a chance to make his $10,000 cash bail (or $20,000 bond) with the help of friends and family, the public defender told Judge Charles Zambito at a bail review hearing this afternoon.

Edwin Peart Jr., 36, of Brookridge Drive, Rochester, was initially held on no bail following his initial arraignment in Batavia City Court because of, by law, his prior felony convictions. Only a county court judge can set bail for a defendant facing a felony charge with prior felony convictions.

Public Defender Jerry Ader argued that soon changes in state law would mean his client would automatically be released without bail since he was held on a nonviolent felony, and given that, he suggested Zambito release Peart under the supervision of Genesee Justice. 

Ader said bail should be set at a reasonable amount -- he asked for that to be $10,000 -- because his client is accused of a nonviolent felony, and if for some undisclosed reason Peart is unable to work and earn money, bail should not be untenable.

Assistant District Attorney Kevin Finnell cited Peart's lengthy criminal record and previous failures to appear in court and a parole violation as well as a fleeing police charge as a reason to set a higher bail. He asked for $20,000 cash or $40,000 bond.

Bail is intended to ensure a defendent's future court appearance not as a punishment.

Zambito set bail at Ader's requested amount of $10,000 cash (or $20,000 bond).

Peart's criminal record goes back to 2002 when he was convicted of criminal contempt. In 2004, he was arrested from criminal possession of a weapon. In 2015, ID theft, and he had warrants out for his arrest in 2017 (though Ader said Peart turned himself in and the warrants were revoked). In 2017 he was also accused of fleeing a police officer.

Environmental agencies continue to work on Lehigh TCE spill, but contamination will linger for decades to come

By Howard B. Owens

Federal and state environmental agencies are continuing to monitor and work on cleanup of contaminants at the Lehigh Train Derailment Superfund Site off of Gulf Road, according to information obtained by The Batavian.

The elimination of TCE contaminants from groundwater in the four-mile-long plume area, which stretches from Gulf Road to four miles east and southeast of the derailment site, is not likely to occur in most of our lifetimes.

The derailment site cleanup was largely forgotten until 2011 when it became the focus of speculation during the Le Roy tic issue when about a dozen high school girls developed spontaneous tic-like movements.

Bob Bowcock, an environmental scientist brought to Le Roy by environmental activist and lawyer Erin Brockovich, determined then that there was no TCE reaching the school property, and it was unlikely the spill site and the tics were linked (the girls were diagnosed with conversion disorder and no scientific evidence ever emerged to contradict that diagnosis).

Information about the spill site made public by the Environmental Protection Agency since then confirm Bowcock's analysis.

In 2017, the Lehigh Valley Railroad corporation, under the direction of the EPA and the DEC, completed a vapor-extraction program at the spill site.

Michael Basile, regional spokesman for the EPA, said the vapor removal effort, which lasted for two years, did remove some TCE, but vapor extraction cannot remove all of it.

"It has been determined that there is TCE embedded in the rock/gravel at the site that cannot be removed via the SVE system," Basile wrote in an email. "Consultants for the responsible party have recently completed a study that has looked at several remedial measures that may be feasible to address the contamination at the site. It is under review by EPA and New York State. EPA will determine the appropriate next steps."

TCE, or trichloroethylene, according to the EPA website, is "a volatile organic compound." It is a clear, colorless liquid that has a sweet odor and evaporates quickly. TCE is a toxic chemical with human health concerns."

After the Lehigh Valley derailment in 1970, a plume of TCE quickly spread to the east and southeast for about four miles, in a human-foot-shaped pattern and groundwater forces around it have kept it contained to that area. It has become embedded in the bedrock of the plume area making it impossible to completely remove.

Eventually, it will all evaporate as hydraulic action brings more and more of it to the surface, but that process will take five decades or more.

"Considering the railroad derailment occurred in December 1970 -- where it was estimated that 30,000 to 35,000 gallons of TCE were spilled onto the ground contaminating the soil and groundwater -- even with the most sophisticated hydrogeological equipment it is very difficult to estimate how much contamination still exists in the area," Basile said.

The EPA says current vapor levels in the plume area are generally below the levels of human health concerns.

Basile said 13 residences in the plume area have been affected by the spill and have vapor-mitigation systems installed in their homes and the EPA continues to monitor these properties.

The public water supply has been protected from the plume, according to the EPA.

"With the extension of the public water supply to the affected homes and businesses, the installation of the soil-vapor mitigation systems on the affected homes, plus continual monitoring of the groundwater, public health and safety concerns continue to be achieved," Basile said.

Top photo: Vapor removal pipes still in place at the derailment site. The vapor removal effort has ended but the pipes remain in place while the EPA and DEC evaluate what steps to take next.

FIle photo: What the site looked like in 2012. The barrels were removed within weeks after this photo was taken, which was during Bob Bowcock's inspection of the site.

Below is a video produced by the EPA in 2017 about the spill cleanup. It goes into a great amount of detail about the hydraulics of the spill, its history, and how it's being monitored and remediated.

Boy Scout leader from Elba accused of first-degree sexual abuse at summer camp

By Billie Owens

From the New York State Police:

On Sept. 5, State Police arrested Ronald L. Rowcliffe, 55, of Elba, after investigating several reports of sexual abuse.

Rowcliffe, a Boy Scout leader, reportedly had inappropriate sexual contact with several victims ranging in age from 12 to 14 years, who were attending the Massawepie Boy Scout Camp in the Town of Piercefield during the summers of 2017-2019.

Rowcliffe was charged with two counts of sexual abuse in the first degree, and one count each of forcible touching and one count of endangering the welfare of a child.

He was arraigned in the Town of Piercefield Court, and put in St. Lawrence County Jail in lieu of $10,000 cash bail, or $20,000 bail bond.

This remains under investigation, and further charges are pending.

If anyone has information regarding this investigation or believes they may be a victim, they are asked to contact the New York State Police at (518) 873-2750.

Rochester teen accused of selling heroin in Bergen

By Howard B. Owens
     Jahmiere Smith

A traffic stop by Rochester police led to the arrest Wednesday of a teenager wanted in Genesee County for allegedly dealing drugs in Bergen.

Jahmiere D. Smith, 18, of Rochester, was the subject of an active arrest warrant out of Genesee County stemming from two alleged drug deals between Smith and an agent of the Local Drug Task Force.

Smith is suspected of dealing in heroin in Bergen and accused of selling heroin to an undercover agent on two separate occasions.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Smith was arraigned in Genesee County Court and ordered held on bail of $1,500.

The Task Force was assisted in the investigation by Genesee County Sheriff's deputies and the District Attorney's Office.

GCEDC approves incentives for Graham Manufacturing and Provident Batavia

By Billie Owens

Press release:

The Genesee County Economic Development Center (GCEDC) approved incentives for two projects and accepted an application for incentives at its Thursday, Sept. 5, board meeting.

Graham Manufacturing will invest $2.03 million across multiple projects at its City of Batavia campus which will include an expansion of the company’s welding school, repurposing an existing 4,000-square-foot structure and construction of a new 8,875-square-foot warehouse.

The project would start this fall and be in operation by the end of the first quarter of 2020. The project also will contribute to the Batavia Pathway to Prosperity (BP2) Program. The company will receive sales, mortgage and property tax exemptions of approximately $210,000.

Provident Batavia LLC received approval for incentives to construct a 13,000-square-foot addition to an existing office, warehouse, and distribution facility leased to SCP Pools. The $1.194 million project will retain 15 jobs in the Town of Batavia.

This project is estimated to produce a state and regional economic impact of $594,122 and $61,516 in property taxes over 10 years. Total incentives are approximately $156,312.

Finally, the GCEDC Board accepted an application for incentives from Six Flags Darien Lake LLC for a new $1.575 million 60-foot-tall water ride at the Hurricane Harbor water park in the Town of Darien. If approved, Six Flags would receive sales tax incentives of approximately $126,000. The project will help retain 380 jobs at one of the county’s largest sales tax revenue generators.

GCEDC approves nearly $30 million budget, bulk of it for STAMP infrastructure

By Billie Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) adopted their 2020 budget at a board meeting today, projecting expenditures of $29.7 million.

The budget includes $25.5 million in grants for the development of infrastructure at the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP).

Of that total, $20.2 million is dedicated to the advancement of Phase I infrastructure at the campus (remaining funds from the original $33 million state allocation); and $5.3 million is dedicated to the advancement of Phase II infrastructure (initial funds from the $8 million Empire State Development grant).

The 1,250-acre WNY STAMP campus in the Town of Alabama is the largest high-tech greenfield site in New York, and connects low-cost hydropower, large-scale infrastructure, and the Buffalo-Rochester Metro Corridor’s workforce talent.

“The GCEDC is building WNY STAMP to be a market-ready site, and a catalyst for the success of the people of Genesee County and companies that will create a stronger future for our region,” said Paul Battaglia, chairman of the GCEDC.

As a public benefit corporation, the GCEDC generates fees from economic development projects and other sources to run the agency’s operations, programs and services.

The GCEDC anticipates $375,000 in revenues from project origination fees and $3,800 in revenues from revolving loan fund interest; $300,000 in annuities from projects approved in previous years.

Revenues also include $300,000 that will be received from the Genesee Gateway Local Development Corporation (GGLDC), and $50,000 anticipated from the Genesee County Funding Corporation, to support the agency’s overall Economic Development Program.

“There is a large body of work that occurs at this agency each year, and I am pleased that we continue to find resourceful ways to serve the businesses and citizens of Genesee County,” said Lezlie Farrell, CFO of the GCEDC.

“Operating expenditures have been controlled and reduced wherever possible.”

The GCEDC budget anticipates a $233,000 allocation by Genesee County to support economic development and a growing return on investments to the county.

In 2018, the last full year of data available, GCEDC projects (current and expired) produced more than $4.4 million in combined PILOT -- Payment In Lieu Of Taxes -- payments and property taxes to local taxing jurisdictions.

“Genesee County is a vital partner in our efforts to bring new business and growth to our region," Battaglia said. "We rely on the Genesee County Legislature to support our budget and operations so we can continue to enable business and community success.

"In 2018, Genesee County benefited from $19 returned on every one dollar allocated to GCEDC operations.”

County releases budget adoption schedule

By Howard B. Owens

Here is the anticipated schedule for review and adoption of Genesee County's 2020 budget:

Sept. 11, Wednesday, 4:30 p.m.
Budget Discussion
Conference Session before Legislature Meeting

Sept. 11, 6 p.m.
Comprehensive Plan presentation after Legislature Meeting                       

Sept. 6, Friday
Date for departments to submit budget request to County Manager

Sept. 9 – 30
Final review of department and agency budgets by County Manager with meetings scheduled between County Manager and department heads on budget and staffing requests

Oct. 2, Wednesday, 5:30 p.m. 
County Manager reviews overall County budget with Legislature. Legislature selects which departments to review services and respective budgets for Saturday morning meeting

Conference Session after Ways & Means Committee meeting               

Oct. 5, Saturday, 8 a.m. to noon              
Legislature meets with selected departments

Oct. 9, Wednesday, 4:30 p.m.
Review department discussions held on the 5th and further review of the budget and direction for County Manager
Conference Session before Legislature Meeting          

Oct. 16, Wednesday, 5:30 p.m.
County Manager reviews status of budget and summarization of major issues
Conference Session after Ways & Means Committee meeting                 

Oct. 21, Monday
County Manager files Recommended Budget with Legislature Clerk and releases budget information to the media

Oct. 23, Wednesday, 4:30 p.m.
County Manager provides overview of Recommended Budget to Legislature
Conference Session before Legislature Meeting

Nov. 6, Wednesday, 6 p.m.
Public Budget Hearing – County Manager’s Recommended Budget -- in Courthouse Chambers

Nov. 13, Wednesday, 4:30 p.m. 
Legislature considers feedback from Public Hearing and makes further recommendations
Conference Session before Legislature Meeting        

Nov. 20, Wednesday, 4:30 p.m.
Ways and Means Committee Budget Review with referral to full Legislature
Ways and Means Meeting

Nov. 25, Monday, 5:30 p.m.
Legislature Meeting – Budget Adoption

NY Sires Stakes and Batavia Downs to livestream draw Sept. 11 for 'Night of Champions'

By Billie Owens

Press release:

The New York Sire Stakes (NYSS) and Batavia Downs will be livestreaming the draw for the 2019 “Night of Champions,” via Facebook on Wednesday, Sept. 11. Assemblyman Stephen M. Hawley (Batavia) will serve as Honorary Drawmaster.

Wednesday's draw will begin at 12 p.m. and can be accessed through the NYSS website and Batavia Downs and NYSS Facebook pages.

The draw is open to the public and will take place in the End Zone Room, located just off 34-Rush Sports Bar. No RSVP is required.

The finals for New York State’s premier harness racing program for 2- and 3-year-olds are set to take place Saturday, Sept. 14. The eight race event will feature $1.8 million in purse money.

“We have made an effort this year to expand our livestreaming capabilities as we continue to increase access to fans and the harness racing community across the state,” said M. Kelly Young, executive director, Agriculture and New York State Horse Breeding Development Fund.

“I invite owners and horsemen to join us live or online as the excitement builds toward next Saturday’s finals at Batavia.”

Updated points standings for all divisions of the NYSS are available at: www.nysspoints.com.

About the Agriculture and New York State Horse Breeding Development Fund

The Agriculture and New York State Horse Breeding Development Fund is a public benefit corporation established in 1965 by the Laverne Law (Laws of New York, Chapter 567 of the Laws of 1965).

The mission of the fund is to promote agriculture through the breeding of Standardbred horses and the conduct of equine research within the state. To carry out its legislative mission, the Fund administers the New York Sire Stakes races, Excelsior/State Fair Series races, and County Fair Races.

Additionally, the Fund provides assistance to county agriculture societies and contributes to the statewide 4-H program and to the Harry M. Zweig Fund for Equine Research.

Lowell takes second game from Batavia on walk-off homer for 2-1

By Howard B. Owens

Press release:

Joe Davis hit a home run in the bottom of the ninth inning to lift the Lowell Spinners over the Batavia Muckdogs 2-1 in game two of the New York-Penn League playoffs.

With Brooklyn defeating Hudson Valley as both series are tied 1-1. The final game in both series will be Friday night. Batavia is at Lowell, Mass.

If Batavia and Hudson Valley win, the Muckdogs will have home field advantage in the championship series and play Sunday in Hudson Valley, with Monday and Tuesday games in Batavia. If Brooklyn wins, Batavia would host Brooklyn here on Sunday.

Lowell managed both run-off home runs, and received a record-breaking pitching performance by Yusneil Padron-Artilles, who struck out 12 in a row. The old record in the major leagues (Tom Seaver) was 10 and the minor league record was also 10.

Batavia had strong pitching as starter Julio Frias went 4.2 innings giving up one run and struck out five. Bryan Hoening was almost perfect going 3.1 innings, striking out seven and giving up just one hit. Joey Steele struck out one in the ninth and took the loss.

Lowell had just four hits. For Batavia, Milton Smith II was 2-for-3 and Nasim Nunez doubled and scored on a groundout from Dalvy Rosario.

Photo: Batavia starter Julio Frias went 4.2 innings and struck out five.

Car show and veterans health system and benefits enrollment event is Sept. 14 at Batavia VA Center

By Billie Owens

Press release: 

VA Western New York Healthcare System’s Batavia site will host a car show and veterans enrollment event from 11 a.m. to 3 p.m. on Saturday, Sept. 14..

Veterans will have the opportunity to enroll in the VA health care system and have access to information to apply for other Veteran benefits.

To streamline applications and determine eligibility, veterans are highly encouraged to bring their DD-214 discharge papers and tax return from 2018.

The "Cruising for Veterans" car show will be staged behind Building 5 of the Jack Wisby Jr. Post-Traumatic Stress Disorder (PTSD) Building.

Merchandise and food will be available for sale starting at 10 a.m. through the Batavia Medical Center’s Veteran Canteen Service located on the ground floor of Building 1.

In the event of rain, the car show’s makeup date is the following day, Sunday, Sept. 15. The public is encouraged to attend.

The Batavia VA Medical Center is located at 222 Richmond Ave. in the City of Batavia.

Possible car fire after rollover accident at Lewiston Road and Lockport Road

By Howard B. Owens

A possible car fire is reported following a rollover accident at Lewiston Road and Lockport Road, Alabama.

Alabama fire and Mercy EMS dispatched.

UPDATE 11:27 p.m.: There is a report of a tractor-trailer involved and flames are showing. The driver is reportedly uninjured and out of the vehicle.

Video: Islands Hawaiian Grill opens in Batavia

By Howard B. Owens
Video Sponsor
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Kourtney and Cait Kunichika have opened Islands Hawaiian Grill on Main Street in Batavia (former location of Larry's Steakhouse).

Kourtney, from California, moved to Western New York to play hockey at RIT and eventually became a professional hockey player in Buffalo.

While living in Batavia, she started working at local restaurants and found she really loved food and hospitality, so the restaurant is inspired by both her passion for her Hawaiian culture -- especially since there are no Hawaiian restaurants in Western New York -- and her passion for the restaurant business.

Photos: Seniors at Elba welcomed with poster faces

By Howard B. Owens

For the first day of school at Elba Central School, high school seniors were welcomed with poster-sized photos of their faces planted in the front lawn.

Photo submitted by Sharon Cole.

Portion of Walnut Street in Batavia closed weekdays for Ellicott Trail work

By Billie Owens

Travel Advisory: Sept. 5-6 and Sept. 9-13 -- Road Work

Route 98 (Walnut Street) in the City of Batavia, between 65 Walnut St. and 25 Walnut St., is reduced to alternating one-way traffic controlled by flaggers 7 a.m. to 3 p.m. today (Sept. 5), tomorrow, and next week from Monday through Friday to allow for the construction of the Ellicott Trail Project.

For further information contact:

Tom Lichtenthal
Town of Batavia
Asst. Town Engineer

3833 W. Main Street Road

585-343-1729, ext. 218

Video: J.D. Orr talks about his unique base running style following Muckdogs' playoff win

By Howard B. Owens
Video Sponsor
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Muckdogs fans have taken notice of outfielder J.D. Orr's unique base-running style.

Once Orr reaches base -- and he reaches base a lot, leading the NYPL with a .469 on-base percentage, Orr likes to hop back and forth, trying to time a hop just right to give him an extra step in a potential stolen base attempt.

The technique, which he said he learned from his college coach, has proven successful. Orr's 29 stolen bases is second in the league and he often gets free bases -- making a dash from first to third -- on wild pitches and passed balls when his movement gets inside the heads of the opposing battery. 

Orr was a 10th-round draft pick by the Miami Marlins this year from Mount Vernon, Ohio.

In the video, Orr discusses his technique.

See also:

'Lincoln: Constitutional Pragmatist' is topic of Derek Maxfield's talk at GCC's Stuart Forum Sept. 17

By Billie Owens

From Genesee Community College:

On Tuesday, Sept. 17, at 12:30 p.m. all are invited to the William W. Stuart Forum on Genesee Community College's Batavia Campus to hear Associate Professor of History Derek Maxfield present "Lincoln: Constitutional Pragmatist."

This event is in honor of national Constitution Day. It celebrates the ratification of the U.S. Constitution on Sept. 17, 1787 when the supreme law of the land was signed by 39 men.

Maxfield will explore America's relationship with Abraham Lincoln and his association with its Constitution.

A deeper understanding of Lincoln may surprise some people, and even tarnish his popular image for others.

To some extent this is because Americans tend to think of Lincoln more as a statesman and hero, rather than a politician. The truth, however, is that Lincoln was a very talented politician and could be just as smooth, yet slippery, as the best and most manipulative of civic leaders.

Lincoln's relationship with the Constitution was shaped by both Lincoln -- the statesman, and Lincoln -- the politician, depending upon circumstances.

This event is FREE and open to the public.

Top Items on Batavia's List

City of Batavia, New York (Pop. 15,600) seeks an experienced professional to join the management team in the capacity of Assistant City Manager/ Director of Administrative Services. Salary: $98,642-$119,642 DOQ. Reporting to the City Manager, the Assistant City Manager/ (ACM) will oversee the functions of Assessment, City Clerk/Treasurer, and IT. This position assists in the implementation of the City’s strategic plan; annual operating budget and capital improvement program; will participate in labor negotiations; and present information to the public, advisory committees and commission, City Council, and outside agencies. In addition, as the ACM, this individual shall assist multiple committees as well as serve as a liaison to various major projects and neighborhood groups. Must have the ability to exercise considerable independent judgment in planning, implementing, overseeing, and reviewing major projects; and the ability to develop and recommend policies and projects. MINIMUM QUALIFICATIONS: Graduation from high school or possession of an appropriate equivalency diploma recognized by the New York State Department of Education, AND EITHER: A. Graduation from a regionally accredited or NYS Registered College with a Master's Degree in Public Administration, Business Administration, or a closely related field and two (2) years of full-time paid experience in a responsible governmental administrative position; OR: B. Graduation from a regionally accredited or NYS Registered College with a Bachelor's Degree in Public Administration, Business Administration, or a closely related field and four (4) years of full-time paid experience in a responsible governmental administrative position; OR: C. Graduation from a regionally accredited or NYS Registered College with an Associate's Degree in Public Administration, Business Administration, or a closely related field and four (6) years of full-time paid experience in a responsible governmental administrative position; OR: D. Eight (8) years full-time paid experience in the private sector, non-profit, and/or government management sector with progressively more responsibility. OR: E. Satisfactory equivalent combination of the foregoing training and experience. To be considered, submit your cover letter, resume, and contact information, including email addresses for five work-related references to Gabrielle Kolo, Human Resources Director, One Batavia City Centre, Batavia, New York 14020 or gkolo@batavianewyork.com. First review of candidates to begin 7/3/25. Background check, personality assessment, and drug testing required. City residency is required within one year of appointment. EEO A full description and list of duties can be found at www.batavianewyork.com under the Human Resources tab.
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