The city and town of Batavia have potentially come to an agreement about wastewater capacity, and HP Hood will be able to proceed with its $120 million expansion project that’s been halted since March, City Manager Rachael Tabelski says.

Hood’s project was, which involved a state environmental review, temporarily stalled when the city discovered that the town was in violation of a contracted wastewater capacity limit and had also taken on the lead agency role for the proposed expansion of process lines with no word to the city.

At that point, the city said the project cannot proceed, and it has been halted ever since. When asked about the project since then, Tabelski has said that “we are in active negotiations with the towns regarding a new purchase capacity agreement” and an agreement has now been reached.

“We will lift the SEQR challenge to the HP Hood project,” Tabelski said to The Batavian Monday evening, though the agreement still has to go through the official process of votes by the town board and City Council. 

Tabelski reviewed the new purchasing terms during Monday’s conference session. The town’s total wastewater flows average 1.4 million gallons per day at four total pump stations, which exceeds the town’s current contractual limit, Tabelski said. The current sewer capacity limit of the town is 850,000 GPD as established in the wastewater facility agreement of Feb. 23, 2015 between the city and town of Batavia.

A new agreement means the town can purchase an additional 350,000 GPD of treatment capacity for a total of 1.2 million for $1,382,500. If the town goes past the 1.2 million, a higher rate of purchase kicks in — the penalty rate — which serves as incentive for the town to remain at that 1.2 million output, Tabelski said. 

“We’re trying to incentivize them. We know they’re at 1.4, but we’re trying to get it down to 1.2,” Council President Eugene Jankowski Jr. said. 

Councilman Rich Richmond said that he was looking at the overage rates and believes “that’s a pretty good incentive.”

“So I want to thank you for doing this because I know, I heard how long it took, you had infinite patience, and you negotiated very well for the city,” he said. 

Jankowski asked if City Attorney George Van Nest reviewed the deal. He looked at it and worked with the city manager and assistant manager to ensure the numbers covered the city’s thresholds, he said. 

“I'm very concerned about making sure that we're within our operating limits, that we’re not pushing it too far, or as much as I love to help out, we only have so much capacity,” Jankowski said.

Jankowski preferred to move the vote to a future meeting so the council could get more public input rather than vote immediately, he said. The town of Batavia is expected to discuss the agreement at its next meeting on Sept. 18. 

At this time and until this agreement amendment is revisited, the town's total threshold will be 1,650,000 gallons per day max discharge. The city and town agree to meet every six months to review town flows to ensure that the town stays below the 1.65 GPD max discharge. If it is determined that the town has exceeded that amount, the city reserves all rights and remedies to protect the wastewater treatment facility permit. 

Does the city have enough capacity to maintain this additional amount for the town long-term? Is there a future solution?

“Town and city (of Batavia) have plans to move forward with a wastewater treatment plant growth study to support future development,” Tabelski said. “There is remaining capacity reserved for O-AT-KA, other city industries, and housing in the city of Batavia.”

Given the uncertainty regarding the wastewater treatment plant draft permit limits, the town will be solely responsible for funding an expansion study, which will be initiated as soon as practically possible. The city will act as project manager of the expansion study with a professional engineering firm of its selection and will bill the town as invoices are received.

In 1983, the city and town entered into a wastewater facility agreement that outlined the ownership and operation of the new treatment plant. In February 2015, they entered into a wastewater facility agreement and a wastewater metering agreement. The city currently owns 84.55% of the total plant capacity, and the town owns 15.45%. 

Due to ongoing development in the town, including the Genesee Valley Agri-Business Park, the town’s sanitary sewer flows are exceeding the contractual limit of .85 million gallons per day (MGD) or 15.45% of the total capacity, Tableksi said. 

Each city and town resolution in May 2023 identified the parties’ mutual concerns about potential increased flow resulting from the Kings Plaza pump station project, and the average sewer flow was 1.2 MGD. In fall 2023, the town advised the city that HP Hood was expanding but that it was only the warehouse and would not create additional demand for water or sewer capacity. Hood already discharges 1.1 to 1.2 MGD. By the end of 2023, the town’s average sewer flow had increased to 1.33 MGD, Tabelski said. 

“This is well in excess of the town’s contractual limit of .85 MGD,” she said. “Consequently, the town has no capacity to allocate to expansion of HP Hood or any other facility at this time.” 

The city also cannot permit increased sewer flows from the town of Batavia until the wastewater treatment plan expansion study is complete, she said. 

“The city and town still need to enter into a proposed wastewater agreement that was circulated in January 2024. However, this agreement will still not allow for increased discharge beyond 1.2 MGD. This pending agreement will be the town’s limit for wastewater discharge.”

As for its objection to the town being lead agency for the Hood project, Tabelski said that “the town has failed to accurately and timely inform the city about the expansion of wastewater capacity demand at the Ag Park.”

“In addition, the town is in breach of the wastewater agreement with the city by discharging in excess of .85 MGD,” she said. “A lead agent under SEQR is responsible for thoroughly and accurately evaluating the potential environmental impacts prior to making a determination of significance on the action.

“The town’s excess wastewater discharge beyond contract limits threatens the city’s discharge limits and has the potential to exceed the city’s (State Pollutant Discharge Elimination System) permit,” she said. “As a result, the city objects to the town’s lead agency designation for this action under SEQR.”

This has been a good week for Hood, which was named Dairy Plant of the Year. The Hood expansion is to be 32,500 square feet and pledges to create 48 new jobs while retaining 455 full-time equivalent jobs at the Genesee Valley Agri-Business Park. This project accommodates its automatic storage and retrieval system refrigerated warehouse. It will also include new batching and processing systems and other upgrades, which will allow the company to increase capacity and begin a new production line.

For prior coverage about this issue, go to wastewater.

Eight years after acquiring a plant in Batavia originally designed to produce a Greek-style yogurt marketed as such, H.P. Hood has been honored by an industry trade magazine for operating 2024's Dairy Plant of the Year.

The honor follows the company's being named partner of the year for 2020 by Genesee County Economic Development Center and winning an operational excellence award in 2023 by Buffalo Business First.

Dairy Plant of the Year is an honor bestowed by the dairy industry publication Dairy Foods.

The award recognizes the 458,000-square-foot H.P. Hood plant for its automation processing equipment, wide array of products it produces, employee safety record, sustainability efforts, and community involvement.

The Lynnfield, Mass.-based company employs 418 people in Batavia.

Hood has installed state-of-the-art technology, including an automated layer and pick system, full pallet labelers, and advanced chiller and air management systems.

Hood has developed an extensive safety plan with regular employee training.

Sitting on 133.4 acres in the Genesee Valley Agri-Business Park, the Hood plant strives to use equipment and processes that are environmentally friendly, including efficient energy use and waste reduction. The company conducts regular energy audits and upgrades infrastructure as needed.

Hood is now among Batavia's larger employers. Community involvement initiatives include supporting the Crossroad House's flower sale, participating in Day of Caring, the Holland Land Office Museum Winter Wonderland of Trees, and supporting the Batavia Muckdogs, Community Action, the Salvation Army, and the Kwians's Club's Books for Babies.

More than 60 percent of the company's employees live in Genesee County.

The Genesee Chorale is opening its 2024 Fall Season and is looking for a few good singers.

The Chorale held its opening rehearsal on Monday at St. James.

For more information on joining, click here.

Photos by Howard Owens.

Press Release:

Our Faith Formation programs at Ascension Roman Catholic Community and Resurrection RC Parish kicked off on Sunday, September 8 with Mass, a family lunch, meetings, and fun games!

Submitted photos.

Press Release:

The Batavia Society of Artists is hosting artist Mary Jo Whitman on Tuesday, September 10 at Go-Art/Seymour Place, 201 E. Main St., Batavia At 7 p.m. 

Mary Jo plans to give an overview of the grant process for artists, including where to find grant opportunities, tips on writing project narratives, formulating budgets, and providing quality support materials. 

This info will be bennificial to many artist who never thought they could get grant money for projects! This event is open to non-member for a $5 fee. Light refreshments will be served. The 2.o.1. Tavern will be open for cash purchases.

Press Release:

Genesee County Republican Committee Chairman Scott D. German is happy to announce the committee will be holding its Grand Opening of the Genesee County Republican Headquarters located at 244 West Main Street in Batavia (formerly Time Buyers Auto) across from CVS at noon on Saturday, September 14.

Congresswoman Claudia Tenney, Senator George Borrello, Assemblyman Steve Hawley, Sheriff Candidate Joe Graff and County Treasurer Candidate Kevin Andrews are all expected to be in attendance.

Anyone wishing to pick up free signs for Trump, Tenney, Borrello, Hawley, Graff or Andrews are more than welcome to stop by and pick them up on Saturday.

A tornado warning has been issued for southwestern Genesee County.

At 8:33 p.m., a thunderstorm capable of producing a tornado was located over Pembroke, seven miles north of Darien Lake State Park.  It is moving southeast at 15 mph.

The warning is in effect until 9 p.m.

According to the National Weather Service, there is the potential for flying debris that is dangerous to those without shelter. Mobile homes could be damaged or destroyed. There could be damage to roofs, windows, and vehicles. Tree damage is likely. 
 

Click here for more information on this listing!

Members of United Way and Genesee Symphony Orchestra got together this weekend for a joint fundraiser and to Kick things off for GSO's annual Summer Serenade at the top of its 78th season.

The event includes food and drink, music and mingling Saturday at Terry Hills in Batavia. 

The gathering didn't mean there were any secrets shared about the upcoming concert season, as those musical treats are never revealed until the day of performance, Maestro Shade Zajac says.

The season begins on Sept. 28 with How to Build an Orchestra, followed with Hope Amidst Sorrow on Nov. 16, Holiday Miracles on Dec. 8 and Encore 2024/Holiday Pops Concert on Dec. 14, all at Stuart Steiner Theater at Genesee Community College. 

For more information, go to www.geneseesymphony.com

Photos by Nick Serrata

Press release:

On Sept. 9 at approximately 11 a.m. the city of Batavia Emergency Response Team (ERT), comprised of members from the city of Batavia Police Department and Genesee County Sheriff's Office, assisted the Genesee County Local Drug Task Force with the execution of two search warrants at separate addresses on South Main Street in the City of Batavia. 

The search warrants were executed at apartments located at 11 South Main St. and 61 South Main St. Several people were taken into custody and are being processed by the Drug Task Force at this time.  

Further information on the identity of those arrested and charges will be released by the Drug Task Force at a later time. 

There were no reported injuries during either search warrant execution, and the immediate area was evacuated or advised to shelter in place during the operation as a precaution.  

"We wish to thank the community for their tips and information on both of these addresses as we work hard to hold those accountable that illegally distribute drugs in our City," said Chief Shawn Heubusch.

On a cooler rainy September Friday night, it didn’t stop anyone from dancing and grooving to T-Pain, who opened for Pitbull at Darien Lake Amphitheater. 

A sold-out 22,000 plus crowd packed the venue to greatest hits by both performers including a few dressed up Pitbull outfits.

Oakfield-Alabama/Elba dropped its season opener on Saturday, losing to Letchworth/Warsaw/Perry 27-13.

OAE Stats:

• QB Gavin Armbrewster - Six carries, 42 yards, one rushing TD while going  6-9 passing for 53 Yards
• RB/LB Avery Watterson - Seven carries and two Receptions for 61 total yards; on defense,  16 tackles.
• RB/LB Jack Cianfrini - 10 carries, 92 yards, TD, and nine tackles
• SR LB Carson Warner - Eight tackles
• SR DL Aedyn Groth - One sack and a forced fumble

"Kudos to a tough, physical, and well-coached LPW team," said OEC Coach Tyler Winters. "We knew we would have our hands full in week one taking on a Class C contender like them.  Today's game will serve as great feedback for our group on the areas we need to improve on to accomplish our goals.  The outcome was far from what we hoped for, but the narrative did not change for our team.  We will hit the film and begin to shift our sights to Week 2."

Photos by Debra Reilly

Photos by Philip Casper.

Lei-Ti Campground came through big this year with a donation of $9,050 for Mercy Flight during its annual fundraiser for a nonprofit group. This year's event included 200 basket raffles, a tour of a Mercy Flight helicopter and sales of hotdogs and sausages. 

It was a historic night at Hartwood Park in Le Roy. The newly merged Le Roy and Cal-Mum football programs took the field as one team, the Rivals, to play against the Batavia Blue Devils.

It's been at least 15 years since Batavia played a regular season game in Le Roy.

In a game shorted by weather, the Blue Devils came out on top 32-0.

There were no stats released for the game.

Also on Friday, Alexander traveled to Bath-Haverling and returned home with a 13-12 win. 

In a season opener for Boys Soccer, Byron-Bergen/Elba battled to a 1-1 tie with Le Roy/Cal-Mum.

Jacob Wiley, for the Rivals, scored first with an assist from Jack Curran. 

Colin Rea scored for the Bees.

The game went into a brief OT period but lightning cut the game short.

Photos by Jennifer DiQuattro

Since 2010, Oakfield-Alabama High School has been hosing the Dash in the Dark, a multi-school event for Cross Country teams.

It's the official kickoff to the Cross Country season.

There were 64 schools participating this year, with more than 1,200 runners.

This is O-A's biggest fundraiser to support cross country along with indoor and outdoor track and field.

Photos by Laura Luft

Press Release:

Back to school should mean new opportunities, not new addictions. As students return to the classroom this fall, educators and parents are not only preparing for a new academic year, but also the rising public health concern of vaping. E-cigarettes can come in a variety of shapes and sizes, and in a school setting, these devices may blend in with other school supplies, as they may look like pens, USB drives, and even phone cases. This makes identifying these devices and protecting youth that much more difficult.

Studies show that vaping has become a rising concern in middle school-aged children, as 3 percent of seventh graders in both Genesee and Orleans Counties reported vaping with nicotine. 

“These years of a child’s life are very sensitive because their brains are still developing,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “As the rate of vaping rises among teens, we must equip families and kids with information and tools to stay healthy.”

There are several reasons why youth vape:

• Tobacco advertisers use vibrant colors and fun marketing strategies to increase youth participation in vaping. These ads are shown on social media, television, and streaming services, and promote vaping as a cheaper alternative to other tobacco products.
• Peer pressure and social influences during middle and high school are a main contributor to students trying an e-cigarette for the first time. Students report that they may be curious to try vaping from seeing a friend or family member use them.
• Availability of flavored e-cigarette products including youth-friendly flavors such as candy, fruit, mint, and menthol are the most widely used types of e-cigarettes among youth. According to the CLYDE Survey conducted by UConnectCare (formally GCASA), about 20% of 11th graders in Genesee and Orleans Counties reported using E-cigarettes or vapes that contain nicotine in 2022.
• Nicotine is in most e-cigarettes and is highly addictive. Those who use vapes containing nicotine may experience cravings and urges to smoke, difficulty sleeping, and the feeling of anxiety and sadness, which may make them believe they need nicotine to relieve these feelings. These behaviors, among others, are a part of nicotine addiction.

The good news is that studies show that most middle and high school students who vape want to quit. Becoming more aware of the risks of vaping will allow for educated conversations with youth and help ensure that all youth can live healthy, tobacco-free lives.

Here are a few ways you can protect your youth and promote rejection of vaping during back to school season:

• Educate yourself on the subject, and become a credible source of information. Visit CDC.gov/Vaping for important information on youth vaping.
• Create a safe space for discussion and start the conversation on vaping. Remember to be patient, listen, and avoid criticism. Keep the conversation open and be willing to be flexible.
• Answer their questions and be prepared. Kids may have questions about vaping, visit CDC.gov/tobacco for ideas on how to give educated and meaningful answers 

Get Help Today

If you are interested in quitting, or someone you know needs help quitting, help is available:

• Visit the New York State Smokers' Quitline for quit-smoking and quit-vaping programs, or call 866-NY-QUITS (866-697-8487), to apply for a free starter kit of nicotine medications and to talk to a quit coach.
• Talk to your healthcare provider about medications and counseling to help you manage cravings. Most health insurance plans, including Medicaid, cover services to help you quit.

For more information about GO Health Programs and services, visit GOHealthNY.org or contact your local health department at:

• Genesee County: 585-344-2580 ext. 5555 
• Orleans County: 585-589-3278

Follow GO Health on Facebook, Instagram and X at GOHealthNY.