Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28^th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13^th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

Click here to view our open positions!

Police have been dispatched to Harvester Avenue where a skunk reportedly has its head stuck in a cup and is in the middle of the roadway tying up traffic.

Rockin' The Downs: Pink Floyd tribute band The Machine plays "Welcome to the Machine"  at Batavia Downs

Photos by Philip Casper

Press release: 

A Million dollar capital project to fix the air header system at the Waste Water Treatment Plant (WWTP) was approved by City Council at the beginning of April 2021.  After the design process was complete by GHD Group engineers, the City Department of Public Works bid out the project and City Council awarded the construction contract to Keeler Construction.

“The City advanced the project to the top of the capital improvement list for 2021 as it was determined that the air lines were degraded more than originally anticipated,” said Rachael Tabelski, City Manager, City of Batavia.  

The project will replace the air header system servicing the ponds.  The existing 30-year-old air header system was found to be compromised.  It is leaking a significant amount of air, and not delivering enough air to the ponds to efficiently digest waste.  These conditions have led to more odor in areas adjacent to the ponds. 

Currently, a temporary airline system is being used that introduces supplemental oxygen to the three primary wastewater ponds (attached graphic).   The temporary system is working on 50% capacity and will remain in place until project completion. 

“The City expedited the project; however the contractor had material supply chain issues in June and July.  These have been remedied and last week work on the site started up again.  Pond three airlines have been fully replaced and tested.  Keeler is moving swiftly to ponds one and two for replacement now,” said Ray Tourt, Acting Director of Public Works.

The material delays have set the project back by two months.  Manufacturers and distributors are struggling to make their commitments and this is one of the projects that was impacted by the disruption.  The project team of GHD Group, Keeler Construction and the City of Batavia are working to expedite the project and make up for lost time.  The City, at the request of the New York State Department of Environmental Conservation (DEC), has taken steps to mask and minimize odors until project completion.  

“The City continually revises complex capital improvement plans for infrastructure that includes the WWTP, water plant, sewer collection stations, water distribution lines, paved surface areas, vehicle and equipment as well as other City facilities.  The air header project was identified in recent capital plans and the City was able to reserve enough funds to begin the project in 2021,” said Rachael J. Tabelski, City Manager.   

History of the Waste Water Treatment Plant 

In 1990 treatment of waste began at the “new” wastewater treatment facilities which serves the City and a portion of the Town of Batavia. Completion of the new facilities represented the culmination of a long-term effort to provide upgraded treatment of wastewaters from the City and Town prior to discharge to Tonawanda Creek. At the time, the new facility enabled the City and Town's opportunities to expand their economic growth.

The WWTP is constructed on approximately 500 acres of land bordering the Conrail railroad tracks east of Donahue Road and north of Rose Road and replaced the City's old mechanical wastewater treatment plant, which was located on the south bank of Tonawanda Creek east of River Street.

Initial study and planning efforts focused upon upgrading or replacing the City's existing mechanical treatment facility with a similar facility. However, estimates indicated that the project costs, particularly with regard to annual operation and maintenance of the new facility, would place a tremendous burden upon the City and its customers.  A more cost-effective treatment system was devised whereby the City constructs the treatment process using a series of wastewater treatment lagoons instead of a mechanical treatment plant.

The lagoon system requires the use of a significantly larger land area and overall costs to the City was estimated to be one-third less than with a traditional plant upon construction.

Previously:

• No time to 'waste': City moving quickly to replace inefficient air header system at water treatment plant
• Batavia Wastewater Treatment Plant, one of city's hidden treasures

City of Batavia Manager Rachael Tabelski and Maintenance Superintendent Ray Tourt are seeking to “tap” into a funding source that has benefited the community in the past.

Tourt, in a memo to Tabelski dated July 22, advised that the Genesee Transportation Council and New York State Department of Transportation put out a call to municipalities wishing to apply for 2021 TAP (Transportation Alternative Program) grants.

Ranging from $500,000 to $5 million, these grants are earmarked for planning, design and construction projects that “address improvements to non-driver safety, access to public transit and enhance mobility,” Tourt wrote.

TAP initiatives are eligible for up to 80 percent federal funding with a 20 percent local share match.

According to the memo, the city has received TAP grants before, including one for its Pedestrian Way and Healthy Routes to Schools projects. This year’s funding, if received, would be used for improvements on Bank Street between Main Street and Washington Avenue.

Per the memo, that area has been identified in both the Downtown Revitalization Initiative proposals and City Centre Feasibility study “to promote economic prosperity corridor to promote accessibility to downtown.”

The project would include streetscape elements, pavement markings, signs, accessible ramps, additional crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

The city has contracted with LaBella Associates of Rochester to prepare the grant application.

Tabelski has drafted a resolution for Monday night’s City Council Conference Meeting and (if approved) for voting at the Business Meeting afterwards. The Conference Meeting is scheduled for 7 o’clock at City Hall Council Board Room.

In other developments, Council:

• Will consider a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square – one of the city’s several DRI projects. Jackson Square is located between Jackson and Center Streets, next to Center Street Smoke House.

In a memo dated Aug. 3, Tabelski wrote that the city looks to complete the SEQR process and then notify “involved interested agencies” of the city’s intent to act as lead agency.

She is recommending that Council move the resolution from the Conference to the Business Meeting on Monday, approve it, and then for Council to move a resolution to issue a declaration at the Sept. 13 Business Meeting.

Tabelski wrote that design drawings from Architectural Resources of Buffalo are almost done, and construction is expected to begin at the end of October.

• Will consider several event requests, as follows:

Batavia Players/Main St. 56 Theater Holiday Craft & Gift Sale – Dec. 3-4, 10-11, from 9 a.m. to 9 p.m. on Fridays and 9 a.m. to 4 p.m. on Saturday at the City Centre concourse.

Great Lakes & Attica Central Model Railroad Club Picnic – Aug. 19 from 6 to 8:30 p.m. at Farrall Park.

Batavia Police Community Night Out – Oct. 10 at City Church St. Anthony’s Campus on Liberty Street.

Batavia Players/Main St. 56 Theater Summer Youth Theater – Aug. 27-29, from 7 to 9 p.m. on Aug. 27-28, and 2-4 p.m. on Aug. 29, at the City Centre stage.

GO ART! Art Festival – Sept. 11 from 11 a.m. to 4 p.m. at the City Centre parking lot along Bank Street, featuring music, food trucks, beer tent, art vendors and demonstrations, dancing, theater and art walk.

Downtown Batavia Business Improvement District Wine Walk – Oct. 2 from 4-8 p.m. with 20 to 24 stops; a 21-and-over event for wine and cider tasting.

• Will hold a public hearing Monday night on the rezoning of 211 and 211 ½ East Main St. from P-2 (Planned Development) to C-3 (Commercial) in connection with the Healthy Living Campus project.

The city also is seeking lead agency status for the SEQR for this venture.

Batavia residents Chezeray Rolle and Michelle Humes have been selected to fill two vacancies on the City Schools Board of Trustees.

Rolle is a 2009 graduate of Batavia High and a U.S. Army veteran who served for six years, including two deployments to Afghanistan. He is currently employed at the Buffalo Federal Detention Facility in Batavia and coaches Batavia Bulldawgs football. He married his wife Bianca in 2012. He and his wife have three children attending City Schools.

Humes is a customer service manager at Hodgins Engraving.  She is married and her and her husband's son graduated from BHS in 2020.  

They replace Peter Cecere, who resigned in June, and Brenda Good, who won a seat on the board in May but resigned before taking office in order to become a candidate for an administrative position in the district.

John Schnitter, 32, of Geneseo, representing Genesee Valley BOCES, won the GLOW Cup 5k on Thursday with a time of 17:33.

John Bruggman, 22, of Batavia, came in second and Logan G. Clark, 18, of Batavia, came in third.

The women's race was won by Kimberly Mills, 30, of Oakfield, representing Batavia City Schools.

Team results:

• FIrst, Batavia City Schools, with William Buckenmeyer, Kimberly Mills, and James Patric
• Second, Silver Fox Crossfit, with Jason Harasimowicz, Michael Harasimowicz, and Mark Marasimowicz
• Third, Intergrow Greenhouses, with Tyron Wallace, Athumani Jonathan, and Adrian Rios.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved incentives for five projects with a total capital investment of approximately $28 million and accepted an initial application for a proposal by Liberty Pumps for a $13.7 million expansion of the company’s manufacturing facility at its August 5, 2021 board meeting.

The GCEDC Board approved incentives for Gateway GS LLC for the build-out of a third 27,000 square-foot building at the Gateway II Corporate Park in the town of Batavia. 

Gateway GS LLC will invest approximately $2.36 million. The proposed facility is anticipated to be completed in 2022 and will create 21 new jobs with an average salary of $42,000 annually plus benefits. It is estimated that the project will generate $28 of investment into the local economy for every $1 of incentives. Gateway GS LLC will receive mortgage, sales and property tax exemptions of approximately $386,000.

The GCEDC Board of Directors also approved final applications for incentives for four community solar projects with a combined generation of 15.65 megawatts.

Trousdale Solar, LLC and Trousdale Solar II, LLC is building two projects that total $14.8 million of investment on Ellicott Street Road in the town of Batavia. The projects will generate 5 MW and 4 MW of electricity and over $930,000 in future revenues to Genesee County and the Batavia City School District over 15 years. The projects will receive approximately $2.5 million in property and sales tax incentives. 

Batavia Solar, LLC (YSG Solar) is building a $3.5 million solar project at the Upstate MedTech Park in the town of Batavia.  The project will generate 1.65 MW of electricity and over $150,000 in future revenues to Genesee County and the Byron-Bergen School District. The proposed project agreement is estimated to provide approximately $500,000 in property and sales tax incentives. 

NY CDG Genesee 1 LLC will build a $7.3 million solar project on Oak Orchard Road in the town of Elba. The project will generate 5 MW of electricity and over $518,000 in future revenues to Genesee County, the town of Elba, and the Elba Central School District. The project is estimated to provide approximately $1.2 million in property and sales tax incentives. 

The Board approved an application for consideration of incentives from Liberty Pumps. Liberty Pumps is proposing to make a $13.7 million capital investment to expand its manufacturing operations at the Apple Tree Acres business park in the town of Bergen.

The family- and employee-owned company is proposing to build approximately 107,000 square feet of new warehouse and manufacturing space to accommodate the continued growth of the business.  The project is expected to create approximately 30 jobs over 3 years while retaining its current employment of approximately 280.

The company is requesting approximately $1.4 million in property and sales tax exemptions. The project is estimated to produce $29 of investment into the local economy for every $1 of incentives.  A public hearing will be conducted since incentives total more than $100,000.

Press release:

Due to a recent bridge inspection, the Colby Road Bridge over the Murder Creek in the Town of Pembroke will need to be closed to all traffic immediately until further notice.  The bridge is located just south of the CSX Railroad Tracks that run alongside NYS Route 33.

Genesee County will be assessing the bridge condition and we will reopen the bridge as soon as it is safe to do so.

Press release:

Held July 31 at the Ontelaunee Rod & Gun club in New Tripoli PA. Eugene Jankowski Jr finished 8th place in the optics division.  

The top shooters in the region completed 8 tricky stages of fire using 3 firearms (pistol, shotgun and semiauto rifle) to score on paper, steel, clay birds and spinning targets. 

Jankowski said  “ Time and accuracy carries the day in 3 Gun, so I chose efficient plans to complete the various stages. That helped me to get through the stage pretty quickly. ”  Jankowski is sponsored locally by Offhause Farms and POTF shooting range.  

Press release:

The Genesee Valley BOCES (GV BOCES) School Library System has been awarded a National Leadership Grant for Libraries in the area of a National Forum in response to the need to identify recommendations for effective post-COVID school library programs. This $150,000 grant will fund four virtual national forums on the future of school libraries. Given the high level of complexity, national scope, and emergent nature of the investigation, a collective impact approach will be used to gather together diverse viewpoints from across the country. Topics will include an instructional design for remote librarianship, emerging services for teaching and learning, defining the role of the school librarian, and program considerations for new learning models. Reports generated from these forums will provide actionable recommendations for school librarians across the country. 

Christopher Harris, Ed.D., Director of the GV BOCES School Library System, wrote and submitted that grant and will serve as the project coordinator. Patrick Whipple, Ph.D., Director of GV BOCES Professional Learning Services, will lead the grant evaluation. 

“What we want to do is take a hard look at what the pandemic brought to school libraries and really figure out what worked,” Dr. Harris explained. “We are leading this national effort to bring together thousands of school librarians from across the country to plan out how we are going to move forward to meet student needs in this new future.” 

During the COVID-19 pandemic, school libraries across the country made changes to procedures, spaces, and instructional practices out of necessity. Across the many models of in-person, hybrid, and remote instruction adopted by districts around the country, there were even more models for school librarians and the services they provide. It is essential that we take time after the immediate pressure of the pandemic emergency to reflect, understand, and evaluate those modified practices. The need for investigation is especially critical in those communities where school library programs were already at-risk prior to the emergency.

“The grant project is called 'Libraries Today,' ” Dr. Harris noted. “We are looking at where we are today and where we want to be moving forward. This grant will give us a chance to guide the national policy discussion around school libraries.” 

The first work in the grant project will be the convening of a national advisory panel. Advisory panel members will include the School Library System directors from New York City and Erie 1 BOCES, as well as, directors from Fairfax County (VA) Public Schools, Norman (OK) Public Schools, the past president of the American Association of School Librarians, and others. 

Press release:

Applications are now being accepted with anticipated move-in capability for December 1 for Liberty Square Apartments on East Main Street, Batavia.

Liberty Square is a 28-unit program located at 554 East Main Street, Batavia, NY, that will serve homeless or unstably housed Veterans with disabilities in a Permanent Supportive Housing environment. The 28 units are integrated into a 55-unit, general occupancy community, being developed in partnership with Home Leasing, LLC. The project consists of a 4-story, fully accessible building with a secure entry system, a welcoming community room, discrete staff offices, to include specific space for Eagle Star Housing staff, in-door bike storage, laundry facilities, fitness center, available laptops, raised garden beds, a fenced playground and on-site parking. 

Liberty Square Apartments includes a fully equipped kitchen with a range, refrigerator, microwave, wall-mounted TV, local TV channels with cable available, and in-unit storage. Heat, air conditioning, hot water, trash removal, and electricity are all included in the rent, and on-site laundry facilities are available at no cost to the tenant. Off-street parking is available. Tenants have access to a community room, bike storage, exercise equipment, and a computer lab. There are eight studio apartments and 20 one-bedroom apartments available. Tenant pays 30% of their income as rent and a stipend covers the rest. No security deposit is required. 

To qualify, you must have served in the military, be in a housing crisis and have an identified disability or case management need.

You must meet eligibility and income requirements associated with the Low-Income Housing Tax credit program. Staff will aid in completing a housing application to make this determination.

Eagle Star Housing, Inc. manages supportive Housing Units under the Empire State Supportive Housing Initiative.

Applications for the Supportive Housing apartments are available at the Eagle Star Housing website:

www.eaglestarhousing.com/supportive-apartment-programs/. 

Questions can be directed to Erin Corcoran, Vice President of Clinical Operations at ecorcoran@eaglestarhousing.com or 585-360-7931. 

Supportive Services Provided:

• Access to a Housing Specialist 40 hours per week Monday - Friday to provide support with linkages in the community, networking with providers, and maintaining independence through a       Housing Support Plan.
• Access to transportation to appointments, employment, or local establishments as needed         Monday through Friday and certain hours Saturday and Sunday.
• Access to planned activities and community events.
• Fully furnished apartment including couch, armchair, side table, TV, lamp, kitchen table and chairs, bedframe, mattress, bedside table, and dresser.
• Startup kit, which includes bedroom and bath linens, dishes, silverware, pots, and pans, vacuum and cleaning supplies, and personal hygiene items.

Press release:

Tompkins Insurance Agencies is pleased to announce that it has received a 2021 Rochester Business Journal Reader Rankings Award for “Best Insurance Company.” 

The Reader Rankings Awards are a reader-driven contest to identify favorite companies and organizations in dozens of categories through a two-step nomination and voting process. This year, there were 16,000 total nominations and about 44,000 total votes throughout the contest.

Tompkins Insurance has also been consistently ranked among the Top 3 commercial insurance brokers in the Rochester area by the Rochester Business Journal, as well as ranked among the Top 100 commercial insurance agencies and the Top 50 personal insurance agencies in the country (according to Business Insurance and Insurance Journal magazines’ national rankings).

Press release:

The Genesee County Health Department is seeking information about the location of a dog and its owners following a dog bite incident on Saturday, July 17th, around noon at Home Depot in Batavia (4181 Veterans Memorial Drive). 

The dog is described as a small black dog on a leash. The dog’s owners were described as a male and female, approximately 40 years of age or younger. The employee was near register #2 and asked the owners if they could pet their dog. The owners said yes and the dog then bit the employee on their right hand. The owners were aware that the dog had bit the employee and asked if they were ok. The employee indicated that they were ok so the owners and dog proceeded to leave the store.

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.  

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at 585-344-2580 ext. 5555. 

It is important to remember that dogs may act protective in unknown places and situations, so ‘love your own…leave the rest alone’. All wild and unknown animals (even dogs and cats) should be avoided whenever possible since the possibility of exposure to rabies can occur anywhere and anytime. 

A continuance was granted to Michael Tomaszewski on Wednesday morning for his sentencing on his fraud conviction.

The former funeral director entered a guilty plea in April to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

The court did not release information on the reason for the delay.

The new date is Oct. 6 at 1:30 p.m.

For previous coverage of Tomaszewski, click here.