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County planners: Solar farm proposal doesn't mesh with Town's Planned Business Development District

By Mike Pettinella

Genesee County planners tonight stood by the Town of Batavia’s directive concerning its Planned Business Development District as it recommended disapproval of a special use permit and area variance for a pair of 20-acre, 7.2 megawatt ground solar systems on Oak Orchard Road (Route 98), just north of the NYS Thruway interchange.

In its unanimous decision, the planning board determined that the request by Oak Orchard Solar 1 LLC -- an entity set up by Borrego Solar Systems LLC -- does not fit into parameters set by the Batavia Town Board on what is considered to be prime agricultural land.

According to requirements of the PBD District, the minimum development size is 100 acres.

The Oak Orchard Solar project on land owned by Eric Saile totals 40 acres, but Marc Kenward, a senior engineer with the Erdman Anthony firm of Rochester, disagreed with that number.

“We’re disappointed (with the decision) since the two systems are to be built on an 85.96-acre site (broken into two parcels of 48 and 37 acres),” Kenward, principal engineer, said. “Plus, the Town Zoning Code clearly indicates that solar energy is an allowed use in all zoning districts.”

Kenward went on to say that the solar farm project meets many of the criteria of the PDB District and will increase the tax base and land assessment, preserve federal wetlands, and accommodate continued agricultural use in the area.

County Planning Director Felipe Oltramari then explained that the Town’s Comprehensive Plan calls for this area to be held for “large-scale development … not to be broken up into smaller pieces.”

“The Town wants someone to come in with a complete package; almost like a mini-STAMP (referring to the WNY Science & Technology Advanced Manufacturing Park in the Town of Alabama),” Oltramari said. “Maybe even a place for a new (Buffalo) Bills stadium, which is pie in the sky, in my opinion.”

He said solar could be a part of a potential project there, but as an accessory use to offset expenses of a major mixed-use component.

The requirements of the PBD District as stated in the Town’s zoning regulations are as follows:

(1) Establish an area for new commercial, industrial, recreational and/or mixed use development on a large scale that will provide the Town and region with employment opportunities, additional tax base and other community benefits, while minimizing impacts on public services;

(2) Prevent piecemeal development that would compromise the availability and future marketability of a large area for significant new development;

(3) Accommodate continued agricultural use in an area that is highly suited for agriculture;

(4) Provide greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities;

(5) Provide for both individual building sites and common property which are planned and developed as a unit; to provide harmonious land uses which offer a high level of amenities;

(6) Permit a variety of industrial, commercial and/or recreational uses;

(7) Preserve natural and scenic qualities of the site during the development process.

Kenward said that if Oak Orchard Solar 1 LLC decides to move ahead with the project, it will have to “make our case” with the Town Zoning Board of Appeals later this month and, if successful, to the Town Planning Board in September.

In other action, the county planning board recommended:

-- Approval with modifications a site plan review for Provident Batavia LLC, doing business as SCP Distributors at 4430 W. Saile Drive, Batavia, to construct a 13,000-square-foot (180 by 60) addition.

SCP Distributors, a national swimming pool supplies company, is undergoing a $1.2 million project to complement its existing 25,000-square-foot warehouse that was built in 2006. According to submitted documents, Building Innovation Group of East Rochester has been selected as the general contractor.

Modifications center around preserving wetlands on the property and making sure there is no archaeological impact on the grounds.

Previously, the Genesee County Economic Development Center Board approved $156,312 in tax incentives, noting that the venture will produce a state/regional economic impact of more than $600,000 and will enable SCP Distributors to retain 15 full-time equivalent jobs.

-- Approval of a special use permit for a 19.8-acre, 4 megawatt ground-mounted solar system on property in an agricultural-residential district owned by Wayne Dunham at 3656 Galloway Road, Batavia. Prowind Inc. is the developer for Bright Oak Solar LLC.

-- Approval of a second group home for women at 234 Broadway Road, Darien, as requested by John Kula of Freedom Fellowship.

The home, located not far from the ministry’s current group home for women at 282 Broadway Road, was previously used as a plumbing business. It will sit on a commercial zone lot of 750 by 320 feet surrounded by a 5.4-acre parcel.

-- Approval of tandem 24-acre solar farms to be constructed by Borrego Solar Systems on property owned by Benjamin Miles at 241 Knapp Road, Pembroke.

The Knapp Road parcels, situated in an Agricultural-Residential District, will be designated as “east” and “west” and each will generate 5 megawatts of power.

City of Batavia, YMCA directors eagerly anticipate opening of Liberty Center for Youth

By Mike Pettinella

Calling it a “mad dash to the finish line,” City of Batavia Youth Bureau Executive Director Jocelyn Sikorski is counting down the days to the opening of the Liberty Center for Youth at the former St. Anthony’s School on Liberty Street.

A joint venture of the City of Batavia and the Genesee Area Family YMCA, the Liberty Center for Youth – until now known as the Teen City project – will provide a variety of services and activities for students from the ages of 9-16, with hours of 2:30 to 6 p.m. Monday through Friday during the school year and 1 to 6 p.m. during the summer.

It will replace the current Batavia Youth Bureau on MacArthur Drive, which will be closing its doors on Aug. 16, Sikorski said.

“We will start the move to the Liberty Street site (owned by City Church) on Aug. 19 and a kickoff event is planned for Aug. 29,” she said. “The actual launch (for kids) will take place on the first day of school (Sept. 4)."

Programs for youth will take place on the first and second floors while administrative offices will be housed on the third floor.

Sikorski, who also is in charge of the Genesee-Orleans Youth Bureau, and Jeff Townsend, district executive director of GLOW YMCA Inc., continue to oversee the ambitious venture, which stemmed from the results of a United Way needs assessment survey several years ago.

“The concept of Teen City came from the efforts of Erik Fix, who was director of the Genesee United Way at the time,” Sikorski recalled. “He put together a community needs assessment, with the results stating the need for more services for youth and teens. Erik was instrumental in getting the other players to the table.”

Fix, who now manages an M&T Bank branch in Rochester, said the needs assessment survey was conducted in 2013 when the United Way was “looking at who we were funding and why we were funding.”

“What we found was that there wasn’t enough (services) for that age group (teens and preteens),” he said. “So we took a look at boys and girls clubs and, after much deliberation, felt that the youth bureau and the YMCA were logical partners.”

He said they considered several locations before deciding on the former St. Anthony’s School.

“It’s a great opportunity to bring some life back to that part of the city and to restore the use of that building,” Fix said.

Townsend credited the United Way for igniting the spark that has led to a true community collaboration.

“This project would not be possible without the generosity of the United Way,” he said. “They not only did the needs assessment survey but they also put their money where their mouth was – and helped us generate much-needed additional support.”

Indeed, as the local United Way put up $50,000 for renovations of the building and has pledged another $10,000 annually to sustain the program.

Other contributions and grants have been provided by Bullet Aid, Rochester Regional Health, Ralph Wilson Legacy Funds, Rotary Club of Batavia, NYS Education Department, State Aid Recreation Program, YMCA of the USA and Marchese Computer Products.

The Genesee County Department of Social Services is funding special programming such as job coaching, life skills training, foster care support and peer relations.

Partnerships also have been forged with Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee County Probation, Liberty Partnership at Genesee Community College, Batavia City Fire and Police departments, Richmond Memorial Library, GO ART! and Genesee County Business Education Alliance.

Even the cool logo (inset above) was created and donated by local artist Heather Ellsworth.

Both Sikorski and Townsend said opportunities exist for additional businesses that wish to promote activities for teens to get on board.

Townsend said the Teen City committee supports the new name as it “differentiates” itself from the landlord, City Church.

“Teen City may have tied it (the youth center) too closely to City Church,” he said. “This separates it from church functions. We don’t want City Church staff getting calls from parents concerning issues with the youth center.”

The start-up and subsequent daily operation of the Liberty Center for Youth are being split 50/50 by the City Youth Bureau and YMCA.

“We reduced costs by sharing the load -- mirroring our staffing, along with program expenses and what we have to offer,” Sikorski said, adding that the agencies have agreed to a five-year memorandum of understanding.

They’ve also worked together on grant funding, Townsend said, noting that the best thing is that it is free to the students.

When students arrive at the new youth center – busing will be provided by the Batavia City School District from the high school, middle school and John Kennedy Intermediate School – they will find the following:

-- A homework/technology room with 10 computer stations. (A “quiet room” until 4:30 p.m., Sikorski said.)

-- Cafeteria set up for arts & crafts, board games, skill-building activities and STEM (Science, Technology, Engineering and Math) projects.

-- A game room for ping-pong, foosball, air hockey, pool and table games.

-- Four-square and video game rooms.

-- Second-floor gymnasium.

Snacks will be provided on a daily basis, Sikorski said, but must stay in the cafeteria. The youth center’s code of conduct will align with that of the school district and must be signed by both the child and the parent/guardian.

Much renovation has been done to get the building in shape, Townsend said, including the placement of 28 security cameras inside and outside, and making it compliant with the Americans with Disabilities Act.

As far as staffing is concerned, Sikorski said the ratio of employees to youth will be at most 1:15, and both classrooms will always have an employee on duty.

The on-site staff of at least six part-timers will be supervised by Lydia Schauf, City Youth Bureau program coordinator, and Charitie Bruning, YMCA child care director.

Sikorski said the school district intends to find a use for the existing youth bureau building and pay all related expenses.

Melanie, a Woodstock original, performs at the Downs

By Mike Pettinella

A heartfelt performance by Melanie, center, who performed at Woodstock in 1969, capped more than seven hours of musical tributes on Saturday at BataviaStock at Batavia Downs Gaming.

Melanie, famous for songs such as "Brand New Key," "Lay Down (Candles in the Rain)" and "What Have They Done to My Song Ma," was joined on stage by her son, Beau Jarred, and daughter, Jeordie.

Earlier, the crowd was treated to authentic tributes to Joe Cocker, Creedence Clearwater Revival, Santana, Sly and the Family Stone, Janis Joplin and The Who (below).

Photos by Mike Pettinella.

Batavia Town planners schedule public hearings for solar farm, GCASA project

By Mike Pettinella

The Batavia Town Planning Board tonight set a public hearing for 7 p.m. Aug. 20 on an application by Borrego Solar Systems LLC, of Lowell, Mass., to install an 8.99 megawatt ground-mounted solar farm on Batavia Elba Townline Road, just west of Batavia Stafford Townline Road.

Emilie Flanagan, project developer for Borrego, and Marc Kenward, engineer for Erdman Anthony of Rochester, presented the plan for the 20.45-acre solar system to be built on land owned by Dan Underhill, a Batavia Town Board deputy supervisor.

Kenward said the project would consist of 43,355 solar panels placed in a fenced-in area of 19.94 acres with an additional half an acre to be used for an access driveway.

He said four utility poles will be needed – one more than usual since power will be supplied from across the road, which actually is in the Town of Stafford.

Flanagan emphasized that the panels will go on farm land that is in a valley and will be hidden by nearly 200 trees and landscaping to “have the least amount of impact as possible on neighboring homes.”

Kenward said engineers have made sure that the project meets or exceeds all Town of Batavia zoning codes and have received approval from the Genesee County Planning Board, which recommended that the 20-foot access driveway be eliminated or significantly reduced due to its impact upon the soil.

“We’re doing whatever the Town says we need to do,” Kenward noted. “It’s environmentally friendly; there needs to be little tree and stump removal and it will be enclosed by a 7-foot-high chain-link fence.”

He said glare studies showed that there will be no effect upon the (Genesee County) airport or on the ground.

The board also voted to seek lead agency status for a state environmental quality review.

Kenward said he hopes the permit process will be completed by September, setting the stage for construction over the winter.

In recent weeks, Borrego received approvals for two other solar farms, both on West Main Street Road.

Flanagan, responding to a question about whether the community benefits from projects such as these, said Borrego’s systems are part of the Community Solar program.

“Two weeks ago, the governor (Andrew Cuomo) came out and said that the state has to achieve 70 percent renewable energy by 2030,” she said. “What we build are mid-scale power plants that push electricity back to the local grid. Residents can subscribe to the grid (through their power company) to get discounts.”

She also said benefits come to the Town through building permits and to the county through property taxes.

Owners of the property receive payments from solar companies such as Borrego over a 25-year period, while solar leasing companies profit from selling electricity usually at a lower rate than charged by a utility company and from municipal tax credits.

In other action, the planning board:

-- Approved a site plan review for six to 10 temporary vendor areas on the property of Batavia Starter at 3282 W. Main Street Road, just west of Wortendyke Road.

Owner Phil Hinrich told planners that he hopes to attract vendors – sellers of fruit and vegetables, crafts, antiques, etc. – to set up shop in front of his business on the weekends in hope of increasing his bottom line.

“I have space to put four vendors on one side and six on the other, with lots of room behind the building for parking,” he said. “My goal is to generate some extra money to cover taxes.”

His plan has been approved by the Genesee County Planning Board, pending Hinrich’s acquisition of a driveway permit through the state Department of Transportation. Hinrich said he already has the permit and plans to put up temporary “enter” and “exit” signs to ensure proper traffic flow.

Hinrich said he would like to open the vendor area to the public in the summer months until around Labor Day, but may not be able to get the venture off the ground until next year. Planners asked him to report back to them in the spring for an update on the project.

-- Set a public hearing for 7 p.m. Aug. 6 in connection with a special use permit by Genesee/Orleans Council on Alcoholism and Substance Abuse to develop an indoor recreation facility for recovering addicts at the former Bohn’s Restaurant site at 5258 Clinton Street Road.

Town Building Inspector Daniel Lang reported that the agency’s planned use for the building does fit into the town code since it is in a commercial zone.

He brought up the possibility of a reverse PILOT (payment in lieu of taxes) to the Town as a result of the property coming off the tax rolls.

GCASA was unsuccessful in finding a place in the City of Batavia as it was hit with opposition from residents and council members.

“Maybe we, too, will have some opposition,” said Planning Board Chairperson Kathy Jasinski. “We’ll find out.”

Both the solar farm and GCASA public hearings will take place at the Batavia Town Hall on West Main Street Road.

-- Approved the placement of three signs at Fresenius Kidney Care at 4189 Veterans Memorial Drive (near Home Depot).

Edward “Jay” Hurzy of Sign and Lighting Services Co. of Ontario (N.Y.) said three signs will be erected – one on the pole, one on the building and one (with a brick base) by the road.

GCEDC accepts swimming pool supply firm's application; Hyde calls upon Cuomo to jump-start Ellicott Station

By Mike Pettinella

Genesee County Economic Development Center directors today accepted an application for $156,312 in tax incentives from Provident Batavia LLC, setting the stage for a public hearing, likely to take place at the Batavia Town Hall at a date to be announced.

In presenting the application to the board, Mark Masse, GCEDC senior vice president of operations, acknowledged the company, known as SCP Distributors LLC at 4430 Saile Drive, has successfully made all of the payments required per a 2005 payment in lieu of taxes agreement and is now on the tax rolls.

“The company is doing what they said they would do,” Masse said, noting that its number of full-time equivalent employees has grown from seven to 15 over the past eight years.

Responding to a question about a New York State Subsidy Tracker report that showed that Provident Batavia LLC lost jobs in 2011 and 2012, while receiving $25,700 in subsidies, Masse said his records reveal otherwise.

“Their application at that time stated that they would retain 12 jobs, not create 12 jobs, and what happened was that it was incorrectly inputted – doubling 12 to 24,” he said, adding that the online tracking system had its share of issues at the outset.

This new request is being tied to a 13,000-square-foot addition to the existing office, warehouse and distribution facility estimated to cost the company $1.194 million, broken down as follows:

-- $1.048 million for building cost;
-- $50,000 in land/engineering/architecture;
-- $40,000 in taxable equipment;
-- $55,750 in other expenses.

The project is estimated to produce a state and regional economic impact of $594,122 and $61,516, respectively, in property taxes over a 10-year period, and would enable SCP Distributors to retain 15 FTE’s with an average salary of $38,000, Masse reported.

Company officials are seeking property tax saving of $86,774, sales tax exemption of $57,988 and a mortgage tax exemption of $11,550. Upon approval after the public hearing, the project is expected to start in August and take about four months to complete.

SCP Distributors has more than 2,000 employees and 120,000 wholesale customers worldwide, and is part of the world’s largest wholesale distributor of swimming pool supplies and related equipment. The company is a supplier to local businesses, including Denny’s Pool World and Deep Blue Pool & Spa.

In other action, the board:

-- Approved a $10,000 contract with Clark Patterson Lee for bidding services related to the Town of Pembroke Corfu Wastewater Treatment Facility.

Masse said the Town of Pembroke and the GCEDC (or Genesee Gateway Local Development Corp.) will split the cost 50/50 for the first phase of the project, which will require CPL to provide up to 20 sets of plans, specifications and contract documents to prospective bidders.

The second phase, which will be addressed at a later date, carries a $205,000 price tag for project management, construction administration, construction inspection and stormwater pollution prevention plan inspections.

-- Approved a contract with Leaton Signs for two 4-foot by 8-foot free standing signs as the Le Roy Food & Tech Park and one 4-foot by 8-foot freestanding sign at Apple Tree Acres in Bergen at a cost of $600 per sign.

-- Approved measures connected to the STAMP site in the Town of Alabama for additional surveys (Frandina Engineering & Land Surveying for $2,230), site assessments (CPL, $1,500), to remain the lead agency for an updated state environmental quality review and to dedicate the name of the main road as STAMP Drive (per a resolution passed by the Alabama Town Board).

-- Heard a report from President/CEO Steve Hyde, who expressed his disappointment in the State Legislature’s recent passing of a farm workers labor bill that is set to go to Gov. Andrew Cuomo’s desk for signing.

“It’s egregious; very damaging to our farmers,” Hyde said, mentioning that farm owners would have to pay overtime to workers after 60 hours in a week.

The bill also gives farm workers the right to one full day of rest per week, eligibility for unemployment insurance and workers compensation coverage, and the right to organize a union and to collectively bargain.

----

Hyde, following the meeting, provided an update on Ellicott Station in the City of Batavia and called upon Cuomo to step in to kick-start the City’s first big Downtown Revitalization Initiative project.

“We need the governor’s help to make this come together,” said Hyde, noting that program requirements of several state agencies are keeping the Savarino Companies of Buffalo’s plan from moving forward. “This is an opportunity to transform blighted property at the gateway of our city – (an eyesore) that reinforces poverty.”

Plans for the $20 million renovation of the former Santy’s Tire and Soccio & Della Penna property on Ellicott Street were unveiled in March 2016, but City leaders are still waiting for a shovel to be put into the ground.

Savarino Companies is proposing a mixed-use development of residential, office and retail spaces, including a brewery, small beverage warehouse and hops processing facility; as well as an entertainment and event area with outside seating and a tie-in to the new Ellicott Trail pedestrian pathway.

Northern stars: Canadian rockers shine brightly at Batavia Downs Gaming

By Mike Pettinella

Veteran Canadian rockers Kim Mitchell (top photo) and Carl Dixon performed before a large and enthusiastic crowd tonight at Batavia Downs Gaming. The latest installment of the Downs' summer concert series also featured WNY bands Missing Star and Steelhorse. Photos by Mike Pettinella.

Culture Jam at MoonJava Cafe: An eclectic mix of seeing, saying and singing

By Mike Pettinella

Singer/flutist Emily Crawford and guitarist Eric Zwieg, known collectively as Local 1, entertained a crowd of about 50 people today at the Batavia Culture Jam at MoonJava Cafe at 56 Harvester Ave., where works by local artists are being prominently displayed.

Brian Laird shared some of his inspirational poems, with themes ranging from the value of living, salute to board games, nature and a memorial to his family dog. Other poets of the day were Eric Weatherbee aka The Humble Bard and Howard Owens, publisher of The Batavian.

Richard Beatty, host of Geezer Radio on WGCC, provided some interpretative reading, including a satirical take on the evolution of television. Photos by Mike Pettinella.

'Unknowns' have Ellicott Street Road residents wary of dairy farmer's solar farm proposal

By Mike Pettinella

A plan to build a 5-megawatt solar farm on Ellicott Street Road in the Town of Batavia is not sitting well with area residents, who shared their views with the property owner at a neighborhood meeting on Friday night.

About 25 people gathered at the home of Bill and Nancy Brach at 5168 Ellicott Street Road to discuss the pros and cons of solar farms in general and to gain information about the specific project proposed by Donald Partridge, owner of a large dairy farm on that road.

“To be honest, probably some of us would like to see if there’s any way to keep this particular project from taking place,” Nancy Brach said.

She was referring to Partridge’s application to put a 36-acre solar farm on land located at 5103 Ellicott Street Road, about a half-mile southeast of Shepard Road – on the left-hand side as you head out of Batavia toward East Bethany.

Brach cited concerns over adverse health effects, proximity to residences, unattractive appearance, negative effect on property values and taxpayer subsidies in her opening statement to the group.

Currently, Partridge’s proposal is on hold since it was denied by the Town Zoning Board of Appeals for being over the maximum size allowed (20 acres). It could be resubmitted, however, if it were modified to show two separate 20-acre parcels or if the ZBA were to reconsider its decision on a variance.

To his credit, Partridge (and his wife, Pat) attended the meeting and stood his ground. And to his neighbors’ credit, the meeting progressed in a respectful, civil manner.

Partridge said that he proposed one 36-acre solar farm instead of two 20-acre units to eliminate the need for two sets of poles and other hardware. He also said that he moved it back from its original location.

“We sought a variance to make it more efficient and when (Trousdale Solar) engineers came back to me with the first design, it was tight up to Folger’s pine trees,” he said.

The proposed site is about 150 feet from the property line of Richard and Jolene Folger at 5105 Ellicott Street Road.

It also is within the sight line of the property of Steve and Mary Smith at 5107 Ellicott Street Road and is not far away from an ARC of Genesee Orleans group home down the road.

While Partridge said his goal was to be “less intrusive to everybody,” that apparently isn’t enough to convince the Smiths and the Folgers.

“We’re concerned about the safety of these solar farms, especially being near residents,” Mary Smith, mentioning the need for “filters” and the possibility of stray voltage.

“It’s not so much about useable energy; what are the effects of this electricity on individuals?” her husband added.

Folger said he needs more accurate data to make an informed decision.

“My biggest objection is that there are too many unknowns,” he said. “How does it affect people’s health and property values? And the Town doesn’t have a handle on setbacks (believed to be 50 feet from a neighboring property).”

Partridge, a member of the Batavia Town Planning Board, acknowledged that he will make a “super income” from the project, much more than he would make if he farmed the land.

He added that he would make sure the soil quality would be retained and is committed to green energy, noting that he has three private windmills on his farm.

“Our resources are limited – gas, oil and coal – and someday will run out,” he said.

The neighbors also voiced their displeasure with the way the Town communicates with area residents when projects such as these pop up.

“We feel the Town was a bit underhanded in notifying us (prior to board meetings). It was a last minute thing,” said Kathy Antonelli, of 5061 Ellicott Street Road, who has been assisting Nancy Brach in this effort.

Toward the end of the meeting, Mary Smith provided Partridge with a ray of hope.

“If you would consider moving it (the solar farm) back a ways (from the road), we would be very grateful,” she said.

Photo: Donald Partridge, right, and Steve Smith look at a map of the site of a 36-acre solar farm being proposed by Partridge on Ellicott Street Road. Photo by Mike Pettinella.

Ellicott Street Road resident sets up meeting for Friday to discuss solar farm issues

By Mike Pettinella

The solar farm boom is upon us, which means that more and more rural residents are looking to their municipal leaders to inform them of rules and regulations pertaining to these green-energy producing systems.

That’s one of the reasons why Nancy Brach of 5168 Ellicott Street Road in the Town of Batavia is inviting her neighbors to attend an informational meeting at 6 p.m. this Friday (June 28) at her home. She said the meeting will take place rain or shine, and dessert will be provided.

“We’re having this meeting due to a lack of communication about these projects and to learn what is allowed,” Brach said. “Why are people not notified beforehand? And if something does come up again, we want to have contact information to reach these people (who live near a proposed solar farm site).”

Specifically, Brach and other Ellicott Street Road residents who attended a Batavia Town Planning Board meeting last week were upset about a proposed solar farm installation on land owned by Donald Partridge.

They felt they hadn’t received adequate advance notification of the project, which ended up being denied by the Town’s Zoning Board of Appeals due to the proposed size of 40 acres.

“So this could have taken place with no input at all if not for two people who printed out fliers and left them at our houses last weekend,” she said. “And that is not right. Bill (her husband) and I now read the (legal) notices in the paper, but I doubt we would have noticed that even if we had seen it.”

The Brachs are owners of Brach Machine, which is located at 4814 Ellicott Street Road.

Town Engineer Steve Mountain said the application by Truesdale Solar for the Partridge property could be resubmitted if it were reduced to conform to code (maximum of 20 acres).

He added that if a vote needs to be taken again, the same property owners within 500 feet of the proposed site would be notified by mail.

Although Brach’s home is more than 500 feet away, she believes more should be done to let people know about these projects other than being on the Town’s website.

Brach’s concerns over solar farms go beyond notification methods, however.

“Our meeting will be for awareness,” she said. “These projects benefit two parties -- the person leasing the property and the company installing the solar equipment. The town and the people of the town do not benefit.

“And the funds for these projects come from the taxpayers. These projects do not pay for themselves, they are only profitable with the subsidies we, as taxpayers, fund.”

She decried the expenses to the Town involved in zoning, planning and legal costs, and said that the projects are not self-supporting and should not be permitted until they are.

“And the 20-year bonds may or may not be enough to dismantle the equipment when the time comes, if they even last that long. Plus, people lose the beautiful country vistas that they hoped to enjoy for a lifetime.”

Brach said she thought that the Town of Stafford had a policy “more protective” of the rights of its residents, and hoped that some of Stafford’s ideas could be incorporated into Batavia’s policy.

In the end, she hopes Friday’s meeting will mobilize residents to speak out.

“As a taxpayer, I resent paying for projects that are not profitable just to benefit an individual and a company,” she said. “Luckily, I can afford it. But there are many people who cannot and we need to stand up for them, and for what is right.”

Zoning change to include public storage units advances; Yasses looking to build on Cedar Street

By Mike Pettinella

The opportunity to put some underutilized property back on the tax rolls and spur additional economic development has Batavia City Council members reacting positively to a proposed zoning change that would recognize public storage units within the Batavia Municipal Code.

Council, during Monday night’s Conference meeting, voted to move forward to its July 8 Business meeting a resolution that would include public storage units in Industrial zones contingent upon obtaining a special use permit.

Back in January, Peter Yasses, of Byron, had requested the change in order for him to construct a storage unit facility on vacant property at 54 Cedar St.

His petition was reviewed and supported by the Batavia Planning & Development Committee, which issued a definition of public storage units as a building or buildings comprised of separate rental units of varying size, with or without outside storage, for private storage of personal property by the general public.

Curiously, public storage units were not included in any zoning regulations currently on the books.

“The zoning change is to include public storage units as an allowed use,” said Matt Worth, Department of Public Works director. “They had not been identified in any of the zones prior to this.”

Worth said that City Council can proceed in one of three ways – accept the PDC recommendation “as is” and forward to the Genesee County Planning Board for review, make changes which can be sent directly to county planners, or send the proposal back to the PDC for its review and comment before going to county planners.

Once signed off by all, a public hearing and local law resolution would be the final steps to adopting the zoning modification, said Worth, adding that public storage units would have to be at least 100 feet away from residential property.

Contacted by telephone on Tuesday afternoon, Yasses said he formed 54 Cedar LLC for the purpose of placing six or eight storage units over time on the 7-acre lot across from the DeWitt Recreation Area.

“I bought the land last year and we plan to clean it up and make it look really nice. We want it to look good for the city,” he said.

Yasses, who also owns Yasses Trucking & Construction, said he is waiting for permits from the Department of Environmental Conservation – he believes that remedial work will not be necessary – and for final approval from Genesee County and City planners and Council.

“I would like to put two or three out there to start,” Yasses said, adding that he thinks he will name the business Cedar Street Self-Storage. “With Guy Clark (owner of Cedar Street Sales & Rental) putting up a warehouse next door, the area will look much nicer.”

Yasses said his investment will surpass a half-million dollars when considering that he has to remove numerous trees, strip the topsoil and bring in gravel and stone for the base before starting construction of the units.

“It will be something that in two or three years the City will be proud of,” he said. “That’s my goal.”

He also is planning a similar project for Route 237 in Byron -- north of Route 262.

In other action, Council moved the following items for consideration next month:

-- Resolutions to contract with Grove Roofing Services Inc. of Buffalo in the amount of $664,080 to replace the leaking City Centre Mall concourse roof and to use an additional $100,000 from the Facility Reserve fund to cover both the base bid ($509,680) and the alternate 1 bid ($154,400).

According to Worth, the base bid includes the central, east and north concourse areas and is within the existing budget funds while the alternate 1 bid covers the south and southwest concourse.

“We’re looking at a full transformation, except for the hallway near Dan’s Tire Service and the entryway silo,” Worth said.

The City received four bids for the project, with Grove Roofing coming in at more than $100,000 less than the next lowest bidder. Worth said he is confident in Grove’s ability to tackle such an extensive project.

Council President Eugene Jankowski expressed the sentiment of the entire board when he stated, “We want to see those buckets go away!”

-- Scheduled a public hearing for 7 p.m. July 8 for the City to act as a “pass through” for Genesee Dental to apply for a NYS Office of Community Renewal Community Development Block Grant.

Patrick Krough, DDS, Genesee Dental owner, is looking to relocate from the City Centre Mall to the former Continental Beauty building at 215 E. Main St. and expand his practice.

According to Rachael Tabelski, Batavia Development Corp. director of economic development, Genesee Dental plans to invest $1.3 million in rehabilitation of the vacant structure and create 18 new full-time equivalent jobs.

Tabelski said the City is eligible to apply CBDG funds to support economic development project that create jobs in low-to-moderate income areas, and this Genesee Dental project fits into that scheme.

The relocated Genesee Dental office would be next to the proposed Healthy Living Campus (YMCA, United Memorial Medical Center offices) that is targeted to receive funding through the state’s Downtown Revitalization Initiative).

Tabelski said the City will not have to pay for the CBDG application since Genesee Dental is funding the preparation of the paperwork on behalf of the City. The BDC will assist by providing in-kind services, she noted.

-- A resolution to contract with LaBella Associates to submit an application for a $250,000 Brownfield Opportunity Area Pre-Development grant to fund environmental and engineering studies, real estate services, and marketing and research, etc., for the City Centre, Bank Street/Healthy Living Corridor and Harvester (Avenue) Campus.

Tabelski said the BOA Pre-Development Grant is being offered by New York State for the first time, adding that the City will have to pay $3,500 for professional grant writing services and would be responsible for a 10-percent match of the awards (to be covered by in-kind services such as project management, meetings, marketing and communications).

In a related development, Council will consider providing grants from the BDC’s Revolving Loan Fund to go toward projects in the BOA, City Priority Economic Development and Building Improvements.

That resolution calls for two-thirds of the fund to be available for grants of a maximum of $20,000 and one-third of the fund to be available for small business loans. Currently, there is around $400,000 in the RLF, with about $250,000 of that in cash.

Photo: View looking south on Cedar Street, with the tree-laded lot owned by Peter Yasses on the right and the sign for the DeWitt Recreation Area on the left. Photo by Mike Pettinella.

City seeks to 'weed out' issues surrounding employee residency requirement amendment

By Mike Pettinella

The chair of the Batavia Community Garden advisory board called into question City Council's policy decisions in light of a proposed amendment to the Batavia Municipal Code pertaining to residency requirements for new municipal employees.

Speaking during a public hearing at Monday night's City Council meeting at City Hall Council Chambers, Deborah Kerr-Rosenbeck spoke of a double-standard as she compared the rules that govern advisory board membership with the proposal to relax residency requirements for those who work for the City.

“It seems like talking out of both sides of our faces,” she said. “The Community Garden (at 12 MacArthur Drive, next to the Batavia Youth Bureau) was started by people who don’t live in the City. You need to be consistent in your policies.”

Kerr-Rosenbeck was referring to the fact that a couple members of the Community Garden advisory board had to give up their positions after it was discovered by City Manager Martin Moore that they were not City residents, which is in violation of the City Charter.

One of those members is Robert Gray, a Batavia native who moved to Stafford in 1996. He was a cofounder of the Community Garden in 2011 and has been instrumental in its success.

Gray, speaking after Kerr-Rosenbeck, said he was offended by his removal (he and Carol Boshart, of Corfu, since have been allowed to continue as nonvoting "advisory" members).

“I have put in over 100 hours per year as a volunteer and now I can’t be on the committee,” he said. “Really? Really?”

He pointed out that the group was unable to conduct official business on a couple occasions because it didn’t have a quorum (of voting members) and requested that City Council review its policy as it is “detrimental” to the City.

The public hearing was necessary since City Council wishes to amend the City Municipal Code pertaining to the residency of new municipal employees. Changes focus on expanding the geographical area around the city where new employees may live to include any adjacent town to Genesee County within six months of the date of conclusion of the probationary period for the City.

The employee also would be required to live within these areas for the duration of his or her employment.

City Attorney George Van Nest pointed out that City Council has the power to amend the Municipal Code, which governs employees, but has no authority when it comes to amending the City Charter, which covers volunteer boards.

Council President Eugene Jankowski noted that a Charter review is a separate, more extensive process, but it could be “something we might want to consider” as it is his hope to rectify the situation with the Community Garden advisory board.

Council Member Patti Pacino said she understood that the rules of the City Charter were drawn up by City residents, but disagreed with the outcome.

“I don’t like it,” she said.

(As an FYI, John Roach, of Batavia, who once served on the City Charter Commission, said that residency requirements were instituted for advisory boards because “we didn’t want people from Cheektowaga, for example, serving on our Zoning, Planning, Housing or Audit advisory boards. The Community Garden is a casualty of this.”)

Council Member John Canale said he was concerned over how the decision to remove Gray and Boshart was communicated to them, which prompted a response from Jocelyn Sikorski, Youth Bureau director and Community Garden coordinator.

“When Marty realized that two members lived outside of the City, we had a meeting with them to explain the circumstances, and made them both advisory members, liaisons,” she said. “This left two vacancies and changed their roles.”

Sikorski said both have been “key players” and noted that “we call Bob ‘the Almighty’ when it comes to the committee.”

The conversion then turned back to the proposed amendment to the City Municipal Code with Council Member Rose Mary Christian stating that employees should have a vested interest in the community and should live in the City or in Genesee County.

“In case we need them, if an emergency, they’re not so far away,” she said.

Jankowski said the amendment allowing for employees to live a few minutes outside the county is “kind of a compromise … which the department heads took into consideration.”

Public Works Director Matt Worth confirmed Jankowski’s view, noting that one employee lives in Attica – “the edge of where we are comfortable (to have employees live).”

City pays tribute to heroic efforts of Batavians Ralph Bush, Michael Paladino Jr.

By Mike Pettinella

The Batavia City Council presented proclamations to the family of Michael Paladino Jr. and to Ralph Bush for their heroic acts earlier this month.

In the top photo, Council Member Patti Pacino reads the proclamation extolling the action of Paladino, who "gave his life for another" when he went to the aid of a woman who was being assaulted by a man in the City on June 1. From left are his daughter, Tea; son, Sonny; partner Rebecca Fili; sister, Macy; and mother, Mary Jo Fay.

In the bottom photo, Council President Eugene Jankowski reads the proclamation honoring Mr. Bush as Officer Darryle Streeter looks on. Bush, a former Military Police, was cited for his "quick action that saved the life" of Officer Streeter when he managed to free a gun from a would-be assailant during a traffic stop early in the morning on June 5.

Bush had just finished his shift at O-At-Ka Milk Products when he saw the suspect and the officer engaged in a physical altercation.

Photos by Mike Pettinella.

Council to consider school resource officer proposal for Batavia City School District

By Mike Pettinella

The Batavia City Council tonight agreed to consider a proposed five-year agreement to provide School Resource Officer services to the Batavia City School District -- something Police Chief Shawn Heubusch believes is long overdue.

Heubusch elaborated on a recent memo he sent to Council about the Memorandum of Understanding that he and City School District Superintendent Christopher Dailey developed, with the hope of the board’s approval at its next Business meeting on July 8.

Tonight’s meeting was a combination Conference and Business meeting at City Hall Council Chambers and set the stage for a pair of public hearings for the July 8 meeting – one to support a NYS Office of Community Renewal Community Development Block Grant requested by Genesee Dental and the other to advance $25,000 in funds earmarked for Dwyer Stadium repairs a year earlier than originally appropriated.

On the subject of an SRO for Batavia, Heubusch said he was a bit puzzled as to why the largest district in Genesee County was the only one not to have a designated officer.

“Yes, it does surprise me a little bit. In speaking with Sheriff (William) Sheron over at the county, our actual agreement kind of mirrors what they’re doing with their different school districts so it only makes sense,” he said.

“We’ve had a lot of calls for service at the school, just because there’s a large population in the City when school is in session. It is a little surprising that we haven’t had an SRO until this time, but it is much needed.”

In his memo, Heubusch outlined numerous benefits to having an SRO for Batavia schools, including: student/faculty safety, of course; along with enforcement; relationship building and communication with law enforcement; counseling services; tackling issues involving substance abuse and peer pressure; conflict resolution; and crisis training and response.

The chief said he has applied for grants and tried to fund the position through the budget process, but has been unsuccessful.

“So this year, the superintendent and I sat down and put our heads together and came up with a pretty good Memorandum of Agreement/Understanding, I believe, where the school district and the City share the cost of the school resource officer proportionately,” he said.

Heubusch said the MOU calls for the school district to pay 83 percent of the cost of an entry-level police officer and the City to pay 17 percent. That 83/17 split would remain the same for the life of the contract.

“It stays with that percentage throughout the life of the agreement (five years), so it kind of guarantees some longevity to the program,” he said. “The hopes would be that in five years or four years we renegotiate that contract, come up with another contract that will take us out another five years.”

The agreement starts with one SRO in year one, but increases to two in year two, and three in year three, Heubusch said.

“The idea is to get the three school resource officers for the district – one being assigned to the high school, one being assigned to the middle school and the third one floating between the elementary and parochial school,” he said.

Since the SRO would be a City Police Department officer, he or she could be recalled by the Chief if needed.

“As the agreement calls for, if there is an emergency situation and we need to recall that officer for whatever it may be – our staffing is short or we have a major incident – there is some notification that takes place with the school district, but we’d be able to recall that officer in an emergency situation,” Heubusch said.

“The intent is to make sure that officer is present (in the school) as much as possible – 100 percent of the time, quite honestly, (from September through June) in the school district to do the job that they’re there to do. I don’t foresee us having to recall that officer on a regular occasion.”

City Manager Martin Moore reported to Council that the SRO would have a vehicle, adding to the department’s inventory.

Council unanimously moved the proposal to the July 8th Business meeting.

In other action, Council approved a National Night Out event for 6-8 p.m. Aug. 8 at City Church at St. Anthony’s on Liberty Street. Part of a community-building campaign that promotes police/community partnerships and neighborhood relationships, it is free to the public. Food and refreshments will be provided.

Watch for more coverage of tonight's City Council meeting on Tuesday.

GCASA sets sights on Town of Batavia location, possibly Bohn's, for recovery recreation center

By Mike Pettinella

Rebuffed by the City of Batavia, the leader of Genesee/Orleans Council on Alcoholism and Substance Abuse is “moving in a different direction” to find a location for an activities gathering place for recovering addicts.

GCASA Executive Director John Bennett said today that he is looking at sites in the Town of Batavia, specifically mentioning the former Bohn’s Restaurant on Clinton Street Road, to house what he calls a “recovery recreation center.”

“It would be a place where those dealing with drug and alcohol addiction would receive support through social, recreational, fitness and sober living activities by connecting with peers, friends and family who both accept them and understand their situation,” Bennett said. “It all fits in with our pledge to try and save lives.”

GCASA’s attempt to place the recovery center in the former North Pole Restaurant (prior to that, the St. Nicholas Social Club) at 241-243 South Swan St. was met with strong opposition last month, both from City Council members and people living in that neighborhood.

Subsequently, City officials sent a letter to Bennett stating that since the area is zoned R-2 Residential, it would not be a good fit for the recovery center.

Bennett said GCASA has decided against any further action involving the City, other than asking City Manager Martin Moore if he could find another use for the building or help the agency find a buyer.

“We had to buy the building – there is no 'out clause' – so we’re hoping that it could be used for something else, maybe for teens,” said Bennett, noting that the Swan Street property does have variances for philanthropic and restaurant uses.

Contacted by phone today, Moore said that he will be talking to members of his staff, primarily those involved with economic development, about the use and/or sale of the building, but had “nothing definitive” to report at this time.

With South Swan Street out of the picture, Bennett has turned to the Town of Batavia. He said he met with the Town Board on Wednesday, and came away encouraged -- looking forward to getting something done sooner rather than later.

“The Town Board was amazing; very insightful and kind, and displayed an understanding of addiction,” Bennett said.

He said that he has looked at a couple commercial sites and the industrial park (in the Town). The former Bohn’s Restaurant is zoned Commercial, a plus for this type of project.

A sign on the wall has the selling price at $250,000, but GCASA has not put in an offer yet, Bennett said, adding that the agency’s goal is to purchase a building.

Bennett provided this reporter with a flier listing examples of events and activities at the proposed recovery center.

They include community cleanup and community garden projects; fitness activities (yoga, hikes, runs, biking, basketball, martial arts); art classes; peer support; cooking and nutrition classes; mutual aid and self-help meetings; games and live music, and special events during holidays.

“We have set up a CRPA (Certified Recovery Peer Advocate) program through the state Office of Alcoholism and Substance Abuse Services, and currently have 18 of them trained (to assist recovering addicts),” he said. “We also have relationships with hospitals in both counties and with the jails through the PAARI program (Police Assisted Addiction and Recovery Initiative).”

Statistics offered by Bennett show that Genesee County has one of the highest opioid overdose rates in the state and is high on the list of deaths due to drug/alcohol abuse with 34 deaths per 100,000 people in 2017.

OASAS extended a grant to GCASA for the recovery center, and is working with the local agency to push back the deadline, which originally was set at July 1, Bennett said.

While disappointed in the City’s stance regarding the South Swan Street location, Bennett said he's more upset by comments made by some residents about those afflicted with serious alcohol and drug problems.

“The unfortunate thing is how they painted a picture of people in recovery … things like they will lower our property values and we won’t be able to let our children out,” he said. “These are people like you and I. Some of my closest friends are in long-term recovery and they’re great people.

“Since then, I have received a lot of phone calls from people in recovery on the Southside – and they want their neighbors, who aren’t aware of their situations, to know they are good people.”

Photo: John Bennett, GCASA executive director

Pair of West Main Street Road solar farm projects approved, with contingencies

By Mike Pettinella

The Town of Batavia Planning Board on Tuesday night approved, with contingencies, special use permits and site plan reviews for a pair of 20-acre ground-mounted commercial solar systems on West Main Street Road.

The board voted in favor of the application by Borrego Solar Systems Inc. of Lowell, Mass., to build the solar farms on land owned by Fred Bowman and his sister, Mary Anne Forgie, at 3232 and 3104 W. Main Street Road.

The vote on the property at 3232 W. Main Street Road was unanimous for both the special use permit and site plan review, with the exception of an abstention by Donald Partridge.

Regarding the 3104 W. Main Street Road parcel, the vote was 5-1 on the special use permit with Jeremy Liles voting no and Partridge abstaining, and 6-0 on the site plan review with Partridge abstaining.

Partridge said he is looking to put a solar farm on his land and abstained because he thought it would be inappropriate for him to be voting on someone else’s project.

The other committee members who voted were Steve Tanner, Paul McCullough, Paul Marchese, Jonathan Long and Chairperson Kathy Jasinski.

“It’s time to take action; we’ve being doing this (particular project) for months and months,” Jasinski said.

During that time, the board was confronted with opposition to the application pertaining to 3104 W. Main Street Road, primarily from Michael and Joel Hamm of West Main Street Commons LLC, who own an L-shaped 33-acre parcel of property with its northern frontage at 3080 W. Main Street Road.

Their business, First Choice Travel, -- a two-story, 14,000-square-foot office building with ample parking -- is located on the property.

The Hamms, in a letter dated May 3, 2019 from their attorney, Alario & Fischer P.C., brought up several reasons why the solar farm should not be situated on land immediately south and east of their property, including:

-- A potential decrease in property values in a residential/light commercial area;
-- Environmental impact on existing land;
-- Placement of an access road between two residential properties;
-- Visual factors, such as glare, utility poles and wires.

The letter called for a complete visual analysis by the applicant (Borrego) and questioned the validity of the state environmental quality review (SEQR).

After attending the Town Planning Board meeting on May 7, the Hamms sent another letter via their attorney, acknowledging the board’s decision to require Borrego to provide a “visual impact analysis and visual simulations from various vantage points around the proposed property.”

However, they continued to challenge Borrego’s choice of the firm to conduct the analysis, questioning its expertise, and did not accept Borrego’s view that any adverse impact on the area would be “inconclusive” and the planners’ announcement that the SEQR has been completed. They asked that the board take more time to get the data needed to make a “thoughtful, informed decision.”

Neither Joel nor Michael Hamm was at Tuesday night’s meeting. Phone calls to both this morning were not returned by the posting of this story.

Last night’s approvals by the planning board for both the special use permits and site plan reviews do come with certain conditions.

For the special use permits, approval is subject to Genesee County providing fire training in connection with solar farms (coordinated through the East Pembroke Fire Department), making sure plantings and trees are placed to screen the solar farm from neighboring properties, and that conduits are buried properly.

Regarding the site plan reviews, approval is contingent upon obtaining a decommissioning bond and ensuring that engineers have final design approval.

Jasinski said that the board agreed to require enough plantings around the site, decreased the number of poles from five to three, and required that most of the wires (except those on the poles) are buried.

Steve Long, civil engineer for Borrego Solar, said his company “addressed the concerns of the board,” specifically providing the “visual analysis that the board asked for.”

Borrego has entered into a lease agreement with Bowman and Forgie, who said they feel they can “get more out of the land this way.”

Long said construction on the solar system could take place by the end of the year.

Batavia environmentalist Chris Krtanik was another interested observer at last night’s proceedings. He said he is “opposed generally” to these types of projects because they usually don’t benefit the average homeowner.

“I’d like to see tax subsidies for individual homeowners, not for (private enterprise),” he said. “That would be a more efficient way to taking dependency off the main (electric) grid.”

In other developments, planners did not address a site plan review for temporary vendor areas on the Batavia Starter property at 3282 W. Main Street Road since owner Phil Hinrich was not present, and delayed taking action on lead agency status for a proposed solar farm installation on Ellicott Street Road until after consultation with the town attorney.

National Grid official sheds some light on LED conversion program for City of Batavia

By Mike Pettinella

The Batavia City Council may consider exploring a “brighter” future for its residents through participation in the National Grid LED Streetlight Conversion program.

At Monday night’s Business Meeting at City Hall, the board heard from Paul Gister, customer and community management manager for National Grid, who presented three options designed to save money and direct more light upon city streets.

Gister said the power company offers three options for towns and villages in Upstate New York.

In this case, the City can:

-- Purchase the lighting system owned by National Grid;
-- Opt-in when a high-pressure sodium fixture fails and replace it with an LED;
-- Pay the net book value of its remaining high-pressure sodium fixtures on roadway lighting only (not decorative or post-top lamps) and change it to LED.

“There are currently 946 fixtures owned and maintained by National Grid that could be converted to LED, with the net book value of about $1.50 per head,” Gister said. “That puts the value at around $1,500.

“Since the value is less than the energy efficient dollars that National Grid would pay out (that would be a viable option for Batavia).”

Gister said that National Grid pays in the $50 to $100 range per fixture for LED conversions, which translates into at least $47,000 in incentives to the City.

He also noted that National Grid would provide the labor for the conversions while City officials would choose the wattage (or strength) of the LED bulbs, which provide better lighting more efficiently.

The program started in Massachusetts about four years ago, Gister said, and came to Upstate New York in 2016 after authorization by the NYS Public Service Commission.

The Town of Batavia was one of the first municipalities to sign up for the program (in 2017) and since then 10 towns and villages in this area have converted, Gister said.

“And the remaining 40 or so are somewhere in the process – either considering it or getting ready for conversion,” he said.

City Council President Eugene Jankowski touted the savings, improved lighting and incentives as reason to discuss the matter further.

Council Member Adam Tabelski noted that many communities are buying back the complete light fixtures from National Grid and finding significant savings.

“I’d like to look at both options, and if any analysis has been done, I’d like to see it,” he said. “If we owned the infrastructure, maybe we would realize more savings.”

To which Jankowski replied that Council should look at all the options.

Gister said he hopes that Council would eventually provide National Grid with a recommendation and move forward with the LED conversion. If that happens, the utility would bill the City for the net value of the fixture heads, approximately $1,500.

GO OUT! event will go on despite objection; City to form anti-crime task force

By Mike Pettinella

City Council gave its blessing to a GO OUT! parade and picnic on June 28th in conjunction with Pride Month 2019, challenging the views of a Batavia resident who addressed the board during tonight's (Monday) Business meeting at City Hall Council chambers.

“I request that you deny the license for the permit,” said the Rev. Henry Pokrywa, pastor of Faith Community Chapel on Rose Road. “I don’t feel that public streets should be used to display anyone’s sexuality, whatever that may be.”

Gregory Hallock, executive director of Genesee-Orleans Regional Arts Council (GO ART!) and leader of the GO OUT! group that promotes LGBTQ+ (lesbian, gay, bisexual, transgender, queer/questioning) causes, filed the application for the event, which will run from 6:30 to 10 p.m.

The parade is set to begin at Austin Park and proceed on Washington, Ellicott and Richmond avenues before ending on Bank Street, near the GO ART! building.

Following the parade, activities will take place on Bank Street near Alva Place. A DJ will provide music and there will be games. Alcoholic beverages will be available, but only on GO ART! premises, according to the application.

Hallock thanked City Council for approving the festival and then listened as Pokrywa questioned its validity.

“The gentleman (Hallock) said that this (local Pride movement) has grown,” Pokrywa said, noting that the parade will include floats. “I don’t know the standards, but I’m pretty sure there should be public decency and morality standards. There will be children there.”

Pokrywa said he was “not against anybody” but when it comes to “public morality, we have to decide where we draw that line.”

Lauren Berger, of Mount Morris, a training coordinator for RESTORE sexual assault services, followed Pokrywa to the podium, reporting statistics that indicate an increase in sexual violence and harassment against those who identify as LGBTQ+ and calling for Batavia to assist in getting the word out to help these people.

“Batavia can be the answer to the LGBT desert,” she said.

After that, four Council members spoke in favor of the parade and picnic.

“I don’t want to deny any group,” Rose Mary Christian said. “Thousands of people (enlisted men and women) have died for us to have this freedom.”

Council President Eugene Jankowski said “we know what (gay pride parades) look like, and we’re going to be better than that (and not discriminate),” adding that any violence would be addressed.

“We’re not going to single out people,” Kathleen Briggs said. “We always give our approval.”

And Patti Pacino advised that “you don’t have to be part of the LGBT community to be part of the parade.”

“I will be in the parade, and I’m very straight.”

The GO OUT! event was one of several items discussed by Council, preceding the board’s passage of seven resolutions on the meeting’s agenda.

City Manager Martin Moore reported that, after meeting with Police Chief Shawn Heubusch and department heads, that he is forming a crime task force to tackle the recent spate of violence.

“Our goal is that we don’t want these types of individuals (criminal element from outside the area) in our city and decisive actions will be taken,” Moore said. “The bottom line is that it is unacceptable for our citizens to not feel safe to walk out of their front doors.”

Residents have been on edge in recent weeks as a result of several incidents, including the fatal stabbing of a man outside his home on Ross Street after he went to the aid of a woman who was in a physical altercation with a man.

Moore said that the task force will get started within the next couple and is expected to include leadership from Genesee County, including the district attorney’s office.

“There is going to be a lot of work. We don’t have a committee just to do committees,” he said, adding that he will keep City Council informed throughout the process.

In a related development, Heubusch informed Council members that he is hoping to fill a void in his department by hiring three new police officers by early July.

He said he has a substantial list of candidates who scored well on the Civil Service exam, with an eye of sending the top three – after an extensive interview and background check process – to the police academy in Erie County on Aug. 5.

“Still, even if we hired three officers today, it would be about a year until we could put them on the street,” he said, noting that the academy runs for five months and is followed by four months of field training.

Currently the department lists 33 officers, including the chief and assistant chief.

Moore also reported that a request by Genesee/Orleans Council on Alcoholism and Substance Abuse to provide a social gathering place for recovering addicts at the former North Pole Restaurant at 241-243 S. Swan St. “does not fit within an R-2 (Residential) zone.”

Moore said a letter stating as such was sent to GCASA Executive Director John Bennett, but he has not received a response.

Several Council members (as well as residents in that area) went on record last month against GCASA’s proposal, and Council Member Rose Mary Christian reiterated her opposition tonight, applauding the Code Enforcement office’s conclusion.

Council also heard from North Spruce Street resident Anita Tolejko, who urged the board to do something about motorists who drive the wrong way on the one-way street, primarily from Chase Park to East Main.

She called for a “traffic study, big signs and flashing lights” to put an end to this illegal practice.

“I really don’t know, but I would like something done” (before a head-on collision takes place),” she said.

In other action, Council:

-- Set a public hearing for 7 p.m. June 24 (the date of the next City Council meeting) on a resolution that would relax the residency requirements for new municipal employees per the Batavia Municipal Code.

Jankowski said the amendments focus on expanding the geographical area around the city where new employees may live to include any adjacent town to Genesee County within six months of the date of conclusion of the probationary period for the City. The employee also would be required to live within these areas for the duration of his or her employment.

-- Entered into a contract with a company called three+one, of Pittsford, for cash liquidity and treasury analyses that would lead to increased returns on investments and bank accounts for the City.

The City’s cost to enter the program is $9,900, but that would be returned by three+one if the company fails to find at least $50,000 in additional savings.

The Pittsford firm previously teamed up with the Town of Batavia and Genesee County, with the county reporting significant additional income.

-- Approved agreements with the Batavia City School District that calls for the school to provide transportation of students to the new Teen City site at the former St. Anthony’s School on Liberty Street and to maintain the former City Youth Bureau at 12 MacArthur Drive.

Teen City is partnering with City Church, which owns the Liberty Street property, and the Genesee Area YMCA to offer an after-school youth program. It is expected to begin operation during the week of Aug. 19.

-- Authorized the appointment of City residents Nicholas Harris, Marc Staley and David Leone and Council members Robert Bialkowski and Paul Viele to the Audit Advisory Board.

Palmer named 'Outstanding Artist of the Year' at Batavia High; six inducted into NAHS

By Mike Pettinella

Mandi Antonucci, art teacher and advisor of the National Art Honor Society chapter at Batavia High School, presents Will Palmer with a unique plaque upon his recognition as Outstanding Artist of the Year during a ceremony Tuesday at the school library.

Palmer, who specializes in pencil and pen drawings, will be attending Rochester Institute of Technology in the fall to major in Industrial Design.

Six students were inducted into the NAHS – Maggie Anderson, Amelia Beckman, Samantha Davis, Bella Houseknecht, Emma Riley and Lilly Scafetta. Works of the school's finest art students are on display in the library.

Photo by Mike Pettinella.

Le Roy defeats Batavia, 5-3, to advance to high school baseball Class B regional tilt against Medina

By Mike Pettinella

A four-run third inning capped by Austin Saeva’s two-run single and solid pitching from Kyler Lacarte and Kenny Saunders powered the Le Roy Oatkan Knights to a 5-3 victory over Batavia in a Class B regional qualifying high school game tonight at Dwyer Stadium.

The victory – played before a crowd estimated at 1,100 -- avenges an 8-0 defeat at the hands of the Blue Devils in the title game of the Batavia Rotary Tournament last month and, more importantly, propels the Knights into regional competition on Saturday against Section 6 Class B champion Medina.

Saturday’s game will be played at Lockport High School and is scheduled for 3 p.m.

Le Roy put runners in scoring position against Batavia starter Taiyo Iburi-Bethel in the first two innings but failed to score while Batavia had two on and one out in the second but was unable to cash in as well.

The Knights broke through in the third, however, scoring four times on a pair of hits with two walks and two hit batsmen sandwiched in between.

Shortstop Giovanni Caccamise led off with a single and advanced on a stolen base and passed ball before first baseman Reece Tresco was hit by an Iburi-Bethel pitch. After designated hitter Tim McMullen was intentionally walked to load the bases, Batavia Coach Rick Saunders pulled Iburi-Bethel, moving second baseman Alex Hale to the mound.

Kenny Saunders worked a walk after fouling off three straight 3-2 pitches and Caccamise pranced home with the first run. Hale then hit Tommy Saunders with a pitch to load the bases again and a wild pitch made it 2-0 in Le Roy’s favor.

That was it for Hale and center fielder Andrew Francis came in to pitch. Saeva greeted Francis with a hard shot between third and short, past the drawn-in infield, and the Knights had a 4-0 lead.

Francis then struck out the next two batters and held Le Roy in check until a two-out triple to the gap in right-center by Tresco (who went 2-for-4) plated Tyler Slaven to give the Knights a 5-2 edge.

The Blue Devils scored a run in the bottom of the third as Francis singled, moved to second on an error and scored on Sam Sallome’s sharp single. Lacarte regrouped, however, to retire the next three batters.

Batavia had an excellent chance to cut into the lead in the fourth as Hale singled and advanced on Josh Weis’ infield hit. Francis then hit into a fielder’s choice, putting runners on the corners, before Trevor Zewan drew a walk to load the bases.

Lacarte escaped the jam by retiring what would be the last batter he faced, Sallome, on a first pitch foul pop to Tresco.

Kenny Saunders took the mound for Le Roy in the fifth and, after getting the first batter, gave up an infield hit to Iburi-Bethel, who went to second on an errant throw on the play. He was on third when, with two outs, Hale drilled an RBI single to cut the deficit to 4-2.

Trailing 5-2 in the sixth, Batavia got one-out hits from Francis and Zewan, with another Le Roy error – the Knights’ fourth of the game – putting runners at first and third. Sallome then hit a fly ball to center, scoring Francis, but Zewan was called out for failing to retouch second base on his way back to first after the ball was caught.

Francis set the Knights down in order in the seventh, setting the stage for an exciting finish, despite Batavia’s first two batters going down by a fly out and strike out.

Kenny Saunders had been mixing his fastball and change-up effectively, but lost his control as he walked Jake Humes and Hale.

Pinch-runner Zach Anderson and Hale then executed a double-steal on a 1-1 count to pinch-hitter Nate Ryan. With the tying run at second, Ryan fouled back a 2-2 pitch before popping one up near the third base line. Pitcher Saunders ran over, caught the ball with just the glove hand and then threw the ball and mitt in the air, touching off the victory celebration for the LeRoyans and their fans.

Le Roy improves to 17-4 while Batavia, which outhit the Knights, 9-6, and committed just one error, ends its first-ever Section 5 championship season under Coach Saunders at 14-8.

Story by Mike Pettinella.

Photos by Steve Ognibene.

To view or purchase photos, click here.

Genesee Region USBC Hall of Fame inductees

By Mike Pettinella

Four people were inducted into the Genesee Region United States Bowling Congress Hall of Fame earlier this month at a ceremony held at Batavia Downs.

Three recipients are in the photo above, from left, Robert Hughson, of Medina, Achievement; Al Vlietstra, of Warsaw, Veterans Achievement; and James Foss, of Medina, Achievement. Eunice Englert, of Nunda, also was enshrined for Meritorious Service to the sport of bowling.

Photo by Mike Pettinella.

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