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A caller reported he's stuck in his vehicle, which is in the water on a flooded old Creek Creek Road, south of Peaviner.

Now he says he's out of the vehicle but has a shoulder injury.

Old Creek Road is closed due to flooding.

Alexander fire and ambulance dispatched.

UPDATE 5:53 p.m.: The road is washed out. Responders will need to come in from Hunn Road and should exercise caution.

UPDATE 7:10 p.m.: The assignment went back in service about 45 minutes ago. Fire personnel brought the victim to the medics, who were staged nearby. The truck's rear wheels were on dirt; the front wheels were submerged in floodwater. A tow company winched out the vehicle and removed it.

Heather Adams of Pembroke lived in this tiny house on wheels for a year and a half before buying a bit of land that already had a house on it so now she would like to rent it out as a bed and breakfast room during the summer.

To do that, Adams had to request a temporary use permit.

Thre's no zoning regulation locally that handles tiny houses on wheels.

"Tiny houses are their own unique thing," Adams said. "They're not an RV; they're not a mobile home. They don't really fit any codes existing at this time."

If her experiment using it for a bed and breakfast unit is successful, the Town of Pembroke may need to come up with the appropriate zoning regulation to allow its use.

Last night, the County Planning Board recommended approval of the temporary permit.

Adams said she wants to set it up as a B&B on her South Lake Road lot so more people can experience tiny house living. 

"The plan is to rent this out as little B&B so people can learn about tiny houses and try it out for themselves," Adams said. "A lot of people see is such a small space and think 'I could never live in that,' but when you see how they're set up, they are there really nice.They make a great use of space and they're really liveable."

This tiny house (pictured) is actually split level. It's 8 foot by 24 foot with 200 square feet of livable space. Adams said she liked it because the bed was on the first floor so her dogs could sleep with her.

"I lived in another tiny house previously when I lived in Alaska and only had a bed upstairs and I had a ladder," Adams said. "And so I couldn't sleep with my dogs."

The tiny house movement began years ago, Adams said, when people wanted small, unencumbered, uncluttered spaces to live in but the places where they tried to build them would run into building code issues because they were so small. So people came up with the idea of putting them on wheels and then they were unregulated.

She thinks they really meet a need for people who want to live a simpler life.

"It's simple living," Adams said, "just really simple living. You don't have a lot of stuff so you don't have to spend a lot of time cleaning, your expenses are a lot less, and you can just spend much more time enjoying life."

Press release:

On Friday Jan. 12, City of Batavia Manager Jason Molino delivered to the City Council a 2018/2019 Recommended City Budget. The budget supports quality City services; sustained investment in infrastructure; reasonable and reliable employee wages and benefits; and a budget that proposes a 3 percent tax rate decrease to $8.99 per $1,000 of assessed value.

The Proposed Budget supports total expenditures of $24.3 million (an increase of 1.9 percent). It meets the City Council’s budget goal of staying below the City’s tax cap. Due to a substantial 4.1 percent increase in the City’s tax base, half of which is due to the Genesee County nursing home becoming privately owned and taxable, the budget contains a property tax rate that will go down, to $8.99 per $1,000 -- a reduction of 3 percent.

This is the lowest City tax rate since 2006. Under the Proposed Budget, the City property tax bill for the owner of a home valued at $90,000 would decrease by $25.20.

“The Proposed Budget is a result of growth in our tax base,” said City Manager Molino. In his budget message to City Council he said, “We are committed to our focus to an unabashed “all in” approach to growth.”

Last year the City set a path to achieve $100 million of new investment through the efforts of four distinct priorities: FOCUS on growth, operational excellence, neighborhood investment and BIG Collaborative projects. While the City has made significant gains with all priorities, none are more noticeable than the City winning the Governor’s $10 million Downtown Revitalization Initiative.

“Through the Downtown Revitalization Initiative, the City of Batavia will accelerate the redevelopment of existing buildings, and create additional business and residential opportunities downtown,” the manager states.

“By investing in the entrepreneurial climate and downtown environmental qualities, and by encouraging ethnic diversity and active lifestyles, Batavia hopes to foster a creative class of workers who will spur continued job growth.”

Currently, the City has made significant movement towards our goal of $100 million. As of Dec. 31, the City’s “I’m All In!” Scoreboard revealed over $8.8 million in completed investments, $15.8 million in-progress for completion in the next two years and another $58.8 million planned by 2022. In total, after just one year of commitment, we have over $83.5 million on our horizon for completion by 2022, and more still to come.

The Recommended Budget includes:

  Completion of Healthy Schools Corridor sidewalk project, a $1 million federal grant for the construction of over 12,000 linear feet of new sidewalk;

  Completion of Highway PM grant, $2.55 million federal grant for the resurfacing of six streets;

  $256,000 of additional annual street resurfacing;

  $285,720 of additional annual sidewalk replacement;

  Resurfacing of the East Parking Lot at the City Centre;

  Supporting the Town of Batavia in the construction of the Ellicott Trail;

Sales Tax: The budget projects that sales tax collections will increase slightly, .4 percent for next year, a somewhat improvement from the past two years of decline.

Water & Sewer Rates: The proposed rate adjustment for FY18/19 includes a water rate increase of $.18 or 3.5 percent. In addition, the plan includes a capital improvement fee increase for all meter sizes. The impact to a typical residential customer with a 5/8-inch meter will be $.54 per quarter. The proposed water rate for a typical residential user is $5.30 per 1,000 gallons and the capital fee per typical residential user is $5.99 per quarter. The total impact to a typical residential customer (approximately 95 percent of customers) from the proposed rate and fee adjustments is approximately $4.49/quarter. There is no rate increase proposed for the sewer rate this year.

“I wish to thank City Department Heads and Bureau Chiefs, and their staff, for their professional approach to the challenges that mark every budget,” Molino said. “They continue to serve the community with highest standards, and it has been an absolute pleasure to work with them.”

The 2018/19 proposed Budget is posted on the City website at http://www.batavianewyork.com/office-of-the-city-manager/pages/city-budget.

Public copies of the Proposed Budget are available for review at the City Clerk’s office, One Batavia City Centre (1st Floor).

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia. 

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. 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. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

A proposed new Dollar General store for East Pembroke should meet the goal of making the hamlet more walkable, according to county planners.

That would mean removing parking from the front of the building and bringing the structure closer to the sidewalk.

Last night, the County Planning Board approved the site review with that recommendation. It will be up to the Town of Batavia's Planning Board to decide whether to implement the recommendation.

Planning Director Felipe A. Oltramari explained that the Town of Batavia is adopting form-based planning as part of its comprehensive plan and has already adopted a policy that should help the town, which includes East Pembroke, become a walkable community. 

East Pembroke currently scores a 15 at WalkScore.com and is considered car-dependent.

Since the policy is not yet part of the town's codes, the Planning Board could only make a recommendation and not take a stronger stand.

There are already six Dollar General stores in Genesee County.

This location will be on Main Road at Barrett Drive.

The developer is Zarembra Group Inc., based in Cleveland, Ohio.

The single-story building will be 9,100 square feet.

A minor-injury pedestrian accident is reported on West Main Street, Batavia, in front of Arby's.

City fire and Mercy EMS responding.

UPDATE 4:14 p.m.: The victim, who had not been transported, has traveled to the Emergency Room at UMMC seeking treatment.

Tomorrow the Batavia Players will screen a premier showing of "Macbeth," filmed and produced in Batavia, at the Harvester 56 Theater.

"Though the language is true to the original Shakespeare, the period is modern with a 'West Side Story' flare," said Emily Crawford, publicist for Harvester 56.

"The roles of nobility and the murderous rivalry between them has been adapted to a gang environment. This is the first time many of our actors are appearing on screen, though we do have a few veterans in the mix."

Doors open at 6:30 p.m. for a reception. The screening starts at 7:30 p.m. Tickets are $18 at the door.

We've been notified of the following closings and cancellations:

• All evening activities for The Mental Health Association of Genesee & Orleans Counties;
• All activities for Pavilion Central School for Friday and Saturday are canceled;
• The Richmond Memorial Library will be closed Saturday;
• A talk at the Holland Land Office Museum tonight and a panel discussion tomorrow with author David Fitzgerald has been rescheduled for March;
• All events and activities are canceled for Batavia City Schools today and tomorrow;
• GCASA is closed Saturday.

Send notifications of closings and cancellations to howard@thebatavian.com. Send your weather pictures to howard@thebatavian.com

Press release:

Senator Michael H. Ranzenhofer (R-C-I, Amherst) has introduced legislation (S7397) today in the State Senate to establish tax parity between Batavia Downs and other gaming facilities in New York State.

“New York State imposes one of the highest tax rates on Batavia Downs, and it’s one of the smallest gaming facilities in our region,” Ranzenhofer said. “This regressive rate deprives taxpayers across 15 counties an equitable portion of revenues.

"Lowering the tax rate will make Batavia Downs more competitive with other gaming facilities while ensuring a fairer share of revenues are returned to taxpayers through our local governments.”

In 2015, the facility had a total economic impact of $83.4 million, generating $21.5 million for state education funding, and $3.4 million to participating municipalities.

“We applaud Senator Ranzenhofer’s legislative efforts to level the playing field for Batavia Downs Gaming. This bill will allow us to return more resources to our member communities,” said Western Region Off-Track Betting Corporation (WROTB) Board of Directors Chairman Richard Bianchi.

The legislation would lower Batavia Down’s taxes paid to New York State by increasing the facility’s portion of net winnings from 35 percent to 41 percent. If enacted, the act would take effect on April 1, 2019.

Under existing state law, the oldest nighttime harness track in the country pays one of the highest effective tax rates among gaming centers in the region.

 

Gaming Operation

Facility’s Portion of Net Winnings* (%)

Batavia Downs

35

del Lago Resort & Casino

70.18

Vernon Downs

41

Hamburg Gaming

41

*2017-18 Fiscal Year

 

Batavia Downs Gaming, operated by WROTB, is a standardbred racetrack and gaming facility. WROTB is a public benefit corporation – owned by 15 Western New York counties, including Cattaraugus, Cayuga, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Orleans, Oswego, Schuyler, Seneca, Steuben, Wayne, and Wyoming, as well as the cities of Rochester and Buffalo. Since its inception, WROTB has generated hundreds of millions of dollars in operating and surcharge revenues to the residents of those participating municipalities.

Press release:

Nick Stankevich spoke to about 30 constituents in the Town of Pavilion late Thursday afternoon. The gathering was hosted by Sarah Noble-Moag, of Noblehurst Farms.

Farmers, teachers, business owners and other local residents had the opportunity to meet the only rural congressional candidate in New York's 27th District.

He covered a range of questions from rural Internet access to immigration reform.

Stankevich acknowledged that there is a lot of work to do but it must be done by working with the people, making fiscally responsible economic choices and putting people first.

Dozens of people turned up at T.F. Brown's last night for a goodbye and thank you party for Jason Molino, who is working his last day as Batavia's City Manager today.

Above, Molino with County Manager Jay Gsell and Max Pies co-owner Steve Pies.

Molino with council presidents. From left, current council president Eugene Jankowski, and former council presidents Marianne Clattenburg and Bruce Tehan, who was council president in the 1980s, before Molino came to town, but wanted his picture with Molino and the other council presidents in attendance.

Recent rain has washed away whatever salt remained on roadways and with temperatures dropping to below freezing this afternoon, the wet roadways are likely to ice over.

That's the warning of the National Weather Service and the same message from County Highway Superintendent Tim Hens when we happened to speak last night about the coming storm.

The storm tonight and tomorrow will bring heavy, wet snow, making driving conditions difficult and very different from the drier snow of recent storms. Drivers need to slow down, Hens warned.

Temperatures will start dropping between 1 and 3 p.m. in Batavia, bringing freezing rain and sleet. Bridges and overpasses will likely freeze over first.

While plow trucks will be out spreading salt, drivers should use extra caution.

Areas of previous flooding could also freeze over.

The National Weather Services advises drivers to plan accordingly.

Between tonight and 4 p.m. tomorrow, from nine to 17 inches of snow is expected.

UPDATE 2:13 p.m.: Stegman Road in the Town of Batavia is closed due to high water.

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

New York Times: Facebook Is Changing. What Does That Mean for Your News Feed?

A storm coming into the area tomorrow that promises high winds and a foot or more of snow has convinced organizers to reschedule a trip to Batavia that had been planned for this Friday and Satruday for author David Fitzpatrick. He lives in Ann Arbor, Mich., and was going to talk about his 2017 book "Emory Upton: Misunderstood Reformer." 

Fitzpatrick's presentation at the Holland Land Office Museum is rescheduled to 7 p.m., March 2. He will also participate in a panel discussion the following day at Genesee Community College. More details on the GCC discussion will be announced later.

Many people had reserved a seat for Fitzpatrick's talk at HLOM, said director Ryan Duffy. The room tomorrow night would have been at near capacity. 

Previously: New book corrects the record on Emory Upton's attitude toward the military and the Republic

The Board of Education for Batavia City Schools approved two additional tax exemptions for veterans owning homes in the school district.

The Cold War and Eligible Funds exemptions have been available as exemptions for county, town and city taxpayers but the school districts have only recently been able to pass the exemptions. 

There are currently 75 veterans in the district who are eligible for an exemption on property taxes for their Cold War service to the nation. Five veterans are eligible for the Eligible Funds exemption.

The Eligible Funds exemption is an exemption on a portion of the purchase price of a house paid for with veterans benefits.

The veterans exemptions will be in effect for the 2018-19 school year. 

"We have been advised by Genesee County that veterans who are eligible are being encouraged apply for them -- i.e. see their local assessor, even if they are currently receiving the exemption from the county, town or village," said Scott Rozanski, business administrator for the district.

"There is a March 1 deadline each year for any applications. They would only need to apply once, not each year while residing in the same address."

Cold War veterans are eligible for up to a $6,000 reduction in assessment for tax purposes, and Eligible Funds veterans can get taxable assessed value reduction of up to $5,000. In both cases, the exemptions can be offset by other exemptions.

Press release:

Empire State Development (ESD) today announced that O-AT-KA Milk Products Cooperative Inc., a dairy cooperative based in Genesee County, will construct a more than 20,000-square-foot addition at its production facility.

In an effort to meet the growing demand of its customers, the cooperative will install a new retort beverage production line and install support equipment at its facility located at the corner of Cedar and Ellicott in the City of Batavia. The additional space will facilitate the addition of up to 20 new jobs; 440 jobs will be retained.

The cooperative expects to have the new line up and running sometime next fall.

Empire State Development President, CEO & Commissioner Howard Zemsky said, “The Finger Lakes Regional Economic Development Council is supporting the growth of food processing companies, like O-AT-KA dairy cooperative, which will be retaining hundreds of jobs and hiring additional employees to help them on their path to continued success.”

O-AT-KA’s production facility ensures there is a market for milk produced by more than 400 farms in the Western, Finger Lakes and Central New York regions.

The cooperative is majority owned by Upstate Niagara Cooperative Inc., which is headquartered in Buffalo, New York and also by Dairy Farmers of America, a cooperative with a strong presence in Central New York.

Michael Fuchs, O-AT-KA’s Chief Financial Officer and project manager said, “This project supports our continued growth and will allow us to meet growing market demands for our products.

"The support we continue to receive from ESD, GCEDC and our Board of Directors is a testament to their commitment to the livelihood of our dairy farmer owners and to our position as a leading employer in Western New York.”

Empire State Development is providing a total of up to $750,000 for the project through a Finger Lakes Regional Economic Development Council Grant. Genesee County Economic Development Agency also offered incentives for the enterprise. The total project cost is $34.5 million.

Supporting agribusiness is a top priority for the Finger Lakes Regional Economic Development Council and the locally designed the Finger Lakes Forward economic development plan.

Finger Lakes Regional Economic Development Council Co-Chairs Monroe Community College President Anne Kress and Greater Rochester Chamber of Commerce President & CEO Bob Duffy said, “The Finger Lakes Regional Economic Development Council is committed to supporting projects that grow jobs. Agriculture is an important industry and a key driver of our regional economy.

"This expansion project will also create solid opportunities for area farmers, shaping the future of the region’s agricultural industry, helping to move the Finger Lakes forward.”

State Senator Michael H. Ranzenhofer said, "Agribusiness is Genesee County's number one economic driver, and growing demand for milk products produced by our local dairy farmers will help to reinforce this important industry.

"Today's announcement by O-AT-KA Milk Products will further strengthen our local economy. I commend Genesee County's largest private-sector employer for continuing to create jobs for Western New York residents."

Assemblyman Steve Hawley said, “Economic development and business expansion, especially when it comes to the dairy sector, is tremendously important to our region. I am pleased to see that not only will O-AT-KA be expanding its production, but also adding 20 new jobs to solidify itself as a top-tier producer in Western New York.

"The support of businesses and job creation at the state level benefits our entire community, and this is a prime example of our state’s agricultural sector rising to one of the best in the nation. I look forward to the continued prominence of our area’s farmers and producers and am proud to share in their success.”

Steve Hyde, president & chief executive officer of the Genesee County Economic Development Center, said, “The GCEDC is proud to assist O-AT-KA Milk Products, the largest private sector employer in Genesee County, to expand its operations. O-AT-KA is an industry leader through innovation and commitment to excellence.

"Through our collaboration with Empire State Development and the Finger Lakes Regional Economic Development Council, we are demonstrating that companies like O-AT-KA can grow and prosper in New York State.”

O-AT-KA’s name was taken from the Seneca Native Americans, and means leaving the highlands or approaching an opening. The “highlands” refers to Wyoming County, New York and the “opening” refers to the Genesee River flowing into Lake Ontario.

The cooperative opened in 1959 with only five employees and has since grown to provide employment tomore than 440 people contributing to growth in the local economy. O-AT-KA has long-term business relationships with many Fortune 500 listed manufacturers, retailers and wholesalers.

This poll merely asks you to pick the five projects you favor the most regardless of cost. The DRI local committee is being asked to select projects with funding requests of $15 million, and then state officials will pick from those projects with a request totaling $10 million. So, cost aside, which five projects do you most favor?

Refer to this story for more information on the projects.