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Not looking to branch out into the landscaping business, the Town of Batavia is taking steps to put the onus on solar companies to make sure their community solar projects are maintained and screened according to signed agreements with the town.

“We want to be green friendly but also want those who we do approve to stand up for exactly what they told us and informed us they would do,” said Town Building Inspector Daniel Lang at Tuesday night’s Town of Batavia Planning Board meeting at the Town Hall on West Main Street Road.

After hearing about modifications being made to the proposed Trousdale Solar twin 5-megawatt and 4-megawatt projects on Ellicott Street Road, one of them which addressed buffering the site from neighbors’ views, the board heard an update from Lang about issues at current solar farms.

Lang brought up the possibility of requiring solar companies to sign a landscaping bond, which would make them legally responsible for initial planting and regular maintenance of trees, berms and plants to ensure proper screening.

“It’s a code enforcement nightmare to maintain and ride around and figure out how many trees, what trees are dead, what trees are dying, when the best time to plant is,” he said, advising that the town’s solar committee will be meeting from 6 to 8 p.m. Thursday at the Town Hall to address these and other topics as it moves toward adopting a new solar ordinance.

He said a landscaping bond could be a way to solve the problem of unscreened solar sites by giving the town the necessary leverage.

“Right now, we don’t have the teeth other than letting them (solar companies) know that we’re going to pull their certificate of occupancy, certificate of compliance or shut them down,” he said.

Lang said Thursday’s meeting, which is open to the public, is expected to include representatives of the Wendel engineering firm, New York State Soil and Water Conservation and, possibly via Zoom, Ian Latimer, project manager for NYS Energy Research and Development Authority.

Currently, town employees have been dealing with plantings and stone issues at a few solar farms, Lang said.

Planning Board member Steve Tanner suggested requiring a special use permit for future projects, with Lang noting that could be an option.

ELLICOTT STREET CHANGES ADVANCED

Mark Sweeney of Albany, attorney for the Trousdale Solar venture on property owned by Planning Board member Don Partridge on Ellicott Street Road, provided an update on changes in two areas: the number of poles on the site and what he called “enhanced landscaping” measures.

Partridge recused himself from the conversation; no voting was conducted.

“We’re here basically to talk about how we’re trying to satisfy the conditions of approval for the project that you gave previously … in March or April 2020,” Sweeney said.

On the first modification, Sweeney (photo at right) said the goal is to ground mount as much equipment as possible. After meeting with and obtaining approval from National Grid, he proposed a plan showing a total of four poles.

Originally, the design had seven poles, he said, three to handle solar company Cypress Creek (Renewable’s) equipment and four for National Grid’s equipment.

Since then, developers were able to ground mount “both of the mutes – one for Cypress Creek and one for the utility company – and eliminate one pole altogether,” Sweeney said.

As far as screening is concerned, he said landscaping is proposed at the entrances and across any current gaps between trees, and a one-foot berm will be used to elevate the plants. He said the revision includes a “specific planting plan” outlining the types of species, sizes and numbers – with the company obligated to replace plants as needed.

Sweeney also said the solar company is willing to agree to a decommissioning bond (to be in force at the end of the project’s cycle). Lang advised him to work with Town Attorney Andrew Meier on completing the proper form.

Tanner said he supported decreasing the number of poles to four, although planners were hoping that number to drop to three.

“It’s definitely a good reduction,” he said. “Much better than it was.”

NY BUS SALES PRESENTS ITS PLAN

Lauren Rodriguez, civil engineer with LaBella Associates, and John Johnston, vice president of New York Bus Sales, opened the meeting with a brief presentation of the school bus company’s plan to place a 20,000-plus-square foot facility at the corner of West Saile Drive and Call Parkway.

The operation is set to be built on two parcels, covering 6.9 acres, in an area currently zoned both Industrial and Commercial. Rodriguez said they wish to combine the parcels into one Commercial zone, which does fit into the town’s Comprehensive Plan.

Details of the site plan are as follows:

• Three entrances – two off of West Saile Drive and one off of Call Parkway, with passenger vehicles (employees and others) to use the eastern entrance off West Saile Drive; bus deliveries and tractor-trailers heading for the loading dock would use the other entrances.

• The area around the building will be paved; the area used for parking of the buses will be gravel.

• The site will accommodate 20 passenger vehicles and 180 buses.

• Security lighting will be installed, along with a fence around the property and gates at the entrances. The stormwater facility will be located at the south end of the lot.

Johnston, who gave a more extensive report to the Genesee County Economic Development Center on Sept. 9, said NY Bus Sales receives school buses from the factory, prepares them, adds options if required and then – after inspection by the state Department of Transportation – delivers them to local school districts.

Planning Board Chair Kathleen Jasinski advised them the board will take up the matter again next month to review the site plan and conduct the State Environmental Quality Review.

Prior to that, the proposal will be heard by the Genesee County Planning Board and be the subject of a public hearing held by the GCEDC, which is offering $430,120 in tax abatements.

The company’s total capital investment is estimated at $4.5 million. The project is expected to create 24 additional full-time equivalent jobs paying $30,000 to $75,000 annually by year three.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

Photo at top: Town Building Inspector Daniel Lang at Tuesday night's Town Planning Board meeting. Photo by Alecia Kaus.

Fletcher M.  Royce, 33, of Dunham Road, Varysburg, is charged with criminal possession of a  controlled substance 3rd, driving while impaired by drugs, and DWI. Royce was located on Galloway Road in Pembroke after deputies received a suspicious condition complaint at 2:24 p.m., Sept. 17, and taken into custody by Deputy Trevor Sherwood and Deputy Erik  Andre. 

Jesslyn Faustine Bigelow, 25, of West Main Street Road, Batavia, is charged with harassment 2nd.  Bigelow is accused of harassing another resident of the apartment complex at 3727 West Main Street Road, Batavia.  Bigelow was issued an appearance ticket.

Cole Ryan Booth, 31, of Blasdell, is charged with criminal mischief and petit larceny. Booth is accused of damaging a vehicle and stealing its license plates in the parking lot of Darien Lake on Aug. 14.  He was arraigned in  Darien Town Court and released on his own recognizance. 

Alex Dumbleton, 28, of East Main Street, Batavia, is charged with attempted assault 2nd. Dumbleton,  being held at the Genesee County Jail on prior charges, allegedly attempted to kick a corrections officer.  Dumbleton was issued an appearance ticket.

Updated: 7 a.m.:

The City of Batavia Planning & Development Committee tonight approved the site plan of the Healthy Living campus, a $30 million joint venture of United Memorial Medical Center (Rochester Regional Health) and the GLOW YMCA on East Main Street.

The tally was 3-1 in favor of the layout, with Ed Flynn, Rebecca Cohen and John Ognibene casting “yes” votes and David Beatty voting “no.” The committee’s monthly meeting took place at the City Hall Council Board Room.

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Related story: Planning committee member sees Healthy Living campus site plan as 'missed opportunity'

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“We’re extremely satisfied. We listened to what the concerns were and we made adjustments. I think they were fair and we were fair,” said GLOW YMCA Chief Executive Officer Rob Walker.

Project Consultant David Ciurzynski and representatives of the Clark Patterson Lee architectural/engineering firm had appeared before the PDC two times prior to tonight’s meeting.

Over the course of lengthy deliberations, a few changes requested by the committee were made, most notably the removal of an entrance/exit on Summit Street and removal of parking spaces in the area just east of Genesee-Orleans Regional Arts Council, on a parcel where the YMCA currently sits.

Walker said developers surrendered about 30 parking spots to create more green space.

“When you’re in business, we want those spots, but out of respect for the process, we negotiated,” he said.

On the Summit Street issue, he said, “We met with the Summit Street (Neighborhood) Association and with a number of residents and we listened and we said, OK.”

“The traffic flow is going to work just fine as we have an exit on Washington (Avenue) and an exit on Bank (Street).”

Ciurzynski said the updated site plan shows the Summit Street exit removal and parking space adjustment, adding that there are no plans to build a wall or put up additional trees in the space between GO Art! and the new YMCA building.

PDC member Ed Flynn said the board received a letter from GO Art! stating its support of the Downtown Revitalization Initiative project as long as there was no wall.

Beatty then mentioned a site plan presented by Clark Patterson Lee and sent to Gregory Hallock, GO Art! executive director, was different from the final plan. He said he had hoped the PDC would have been able to see that document.

Ciurzynski said that was a previous drawing, calling it “much more elaborate than what we have and we’re not moving forward with that because of budget reasons.”

“The plan that you have (now) is the plan that we’re moving forward with,” he said, adding that the current plan has appropriate buffering on that back side (of GO Art!). “I understand that he (Hallock) may desire something more (but) technically it’s not his property. We have to be as good neighbors as possible, but we have to also manage our budget.”

The PDC reviewed the State Environmental Quality Review paperwork and determined no adverse impact. It did advise Ciurzynski, however, to make sure the GO Art! building is protected during construction as it is an historic structure. Ciurzynski said he would send the final site plan to the State Historic Preservation Office.

With the committee’s approval in hand, the timeline becomes much clearer.

Ciurzynski said construction documents should be complete by the late fall or early winter, and then bids will be solicited.

“Hopefully, by the end of the year, we’ll start seeing some (activity), with Cary Hall coming down. And start getting the site prepped and ready for construction in earnest starting in the spring,” he said, noting that the entire project will take about 20 months, including 14 to 16 months on the main two-story, 69,420-square-foot building.

“We’re trying to get everything done as quickly as possible so we can move in and take down the (existing) YMCA,” he said. “Start construction in the spring when the weather breaks, get the building up, get everything moved over into there from the existing Y to the new Y – get that operational – and then we can start looking at taking down the old Y and developing that site.”

He acknowledged the PDC’s opposition to the amount of parking on Main Street.

“They didn’t like the look of it (and) they wanted more of an urban park environment, so we sort of split the difference,” he said. “We gave up some very significant parking for our membership but we will find ways to work around that because it was important to the Planning & Development Committee.

“They’re looking out for the city; trying to make sure they can strike a balance. We’re a partner with the city, so we want to make sure that we can strike that balance that works for everybody.”

Even with the reduction of parking spots, the campus will accommodate about 200 cars. Walker said that hospital staff would be able to continue to park in the City Centre Mall parking lot.

As previously reported on The Batavian, the Healthy Living Campus will replace the current YMCA, and will feature YMCA amenities such as gymnasium, pool, locker rooms, multipurpose rooms, exercise rooms and a community living (common) area.

It also will have 10,000 square feet for the hospital’s Healthy Living (diabetes awareness and education) program as well as a medical clinic on the second floor as a teaching unit for medical residents, and space for RRH’s Baby Café, a breastfeeding program run by lactation specialists who offer education and support to any pregnant woman or breastfeeding mom in the community at no charge.

Graham to Build 'Infill' Addition

In other action, the PDC approved a site plan submitted by Graham Mfg. to construct a 2,500-square foot one-story infill addition on the south side of the industrial complex at 4-12 Howard St.

Chris Howell, facilities manager at Graham Mfg., said the company wishes to put in a metrology lab in the new space for non-destructive testing and a stockroom -- “and to do those things well we need a separate area, which is temperature controlled and where it is clean.”

Currently, the firm’s welding and grinding operations are integrated with this kind of testing, he said, and separating those processes will improve the metrology and non-destructive testing.

The plan also is subject to review by the city’s Zoning Board of Appeals due to the entire building’s coverage area on the lot being more than the permitted 40 percent.

Previously: City of Batavia Planning & Development Committee says 'no' to Summit Street access for Healthy Living Campus

Updated: 7 a.m.:

In voting against the site plan of the Healthy Living campus project, City Planning & Development Committee member David Beatty called it a “missed opportunity” to fully take advantage of the several parcels of land along East Main Street in downtown Batavia.

“I think, for me, it’s such a key project here for Batavia, a key to Main Street,” Beatty said following tonight’s meeting. “We’ve been trying to develop Main Street for decades. So, I think they missed an opportunity to really develop the site – and by site, I mean the entire site that goes all the way back to Washington (Avenue) because they own all of that property.”

Beatty (photo at right) said developers (and, in the end, his colleagues) submitted and approved, respectively, a site plan where they’re “basically adding more parking by taking the steam plant (that sits back from Main Street, west of Wiard Street) out.”

“I’m looking for more green space and a planned public space that could sort of feed off GO Art!” he said. “GO Art! is right there on Main Street and the idea of developing a large public space on Main … and feeding that into the Healthy Living campus, essentially. They refer to it as a campus, but it’s a building and a parking lot.”

Although not wanting to speak for GO Art! Executive Director Gregory Hallock, Beatty said he believes Hallock will be disappointed in the outcome of that particular space but also said he foresees the three entities becoming “good partners.”

“I think there could have been more to it. Again, it’s a missed opportunity. I think they could have done more and I mentioned that many times at various meetings,” he said.

Leslie Moma of Batavia, who serves on the GO Art! board of trustees, was in attendance tonight.

Afterwards, she told The Batavian that a previous “conceptual plan” created by the engineering firm of Clark Patterson Lee showed an expansion of the green space on Main Street and stretching north along the east side of GO Art! and the Genesee County Office for the Aging.

“In Gregory’s letter that he sent to the (PDC) board, he emphasized that there is this partnership that GO Art! has with the Y,” she said. (That plan) really did lend in our campus, the GO Art! campus, which will include the patio space – the courtyard space that is shared between GO Art! and the Office for the Aging,” she offered.

“So, that would be a seamless blend of this common space with the Y and could bleed right into their secondary entrance. But that’s not going to happen.”

Moma (photo at left) said that until the current Y building is taken down, “the barrier of that wall has created this confined space for us.”

“So, once it comes down, we’ll have to revisit what our landscape architecture plan will be for the courtyard and even our space where we can hold events,” she said.

She said the GO Art! board considers the courtyard as a key aspect to its fundraising efforts.

“Right now, with the parking how it has been approved, there’s going to be some conflict between the cars – that parking space – and how we’re going to be able to utilize the courtyard space. We see that as a funding mechanism … as we do have to raise funds for our operation.

“We appreciate the offer that the Y reached out and said they’d be happy to block out parking and things of that nature. But, we all know how we are as human beings.”

When it was mentioned that about 30 parking spots were removed from the plan, she said that “pushing it back a little further would have been ideal for us.”

“Once the demolition is done, we’ll have to see what those options are, and what we need to do to mitigate any impacts from the automobiles,” she said. “Maybe things will change as far as public opinion on parking, and how many people live downtown. Maybe more people will be walking to the Y. So, the use of having that extensive parking, at least so close to GO Art!, maybe it won’t be needed because of just how society is changing.”

Moma said that until the existing YMCA is torn down, the door is open to do something different with that space.

“There’s still the opportunity, we feel, that there’s hope to do something different with that space where it can be more of a collaborative, social, green active space, so that our programming and the Y’s programming can have this fluid activity time,” she said.

Press release:

On August 28, 2021, at approximately 1:45 a.m. officers from the City of Batavia Police Department were dispatched to a residential location on South Main Street for the report of potential gunfire.   Officers arrived on the scene and found that shots were fired at a residence and that no one was hurt.  Officers believe that the victim was the target of the crime, and this was not a random act. Anyone with any information is asked to contact Detective Sergeant Matt Lutey at 585-345-6311.

Prior to the construction phase, Genesee County will need to have its four-member corrections’ officer transition team in place to write policies and procedures covering the $70 million, 184-bed county jail proposed for West Main Street Road, just east of County Building 2.

County Manager Matt Landers last week updated legislators on the progress of the jail, continuing to express confidence that groundbreaking will take place next spring.

Appointing those to be on the transition team and reviewing and approving engineering specifications are current priorities, he said.

“We’ve always known that there was going to be a jail transition team that would be responsible for writing all of the policies and procedures of the new facility, and the (New York State) COC (Commission of Correction) requires that this team be hired as soon as the first shovel is in the ground,” Landers said.

The plan is to take four current county corrections’ officers and assigning them to the transition team, and then to “backfill” the positions that would be open afterwards.

“And that’s when we would hope to increase our efforts to hire more female COs because we will be housing females in the new facility,” he advised.

Landers said Assistant Engineer Laura Wadham and Deputy Highway Superintendent Paul Osborn are poring over the drawings to make sure “everything from a technical engineering perspective is being considered on the site.”

The county is continuing the State Environmental Quality Review process, working with the SMRT architectural firm of Portland, Me.

“Hopefully we can go out to bid near the end of the year and be in position to award contracts in the spring,” Landers said, adding that the new four-pod jail would include a backup E-911 Center. Currently, that service is located in the Genesee Justice building at 14 West Main St.

The county is planning to take out a 30-year bond to pay for the jail, with annual payments estimated at $3 million to $3.5 million, Landers said.

“Interest rates are historically low right now, which is in our favor,” he said. “Plus, this (financing of the jail) is one of the reasons for the restructuring of the sales tax distribution agreement with the towns and villages so we can utilize more of that revenue to pay off the jail.”

Landers said that portions of the sales tax proceeds and reserves would go to the debt service payment.

“Over the next decade or so, we would use less and less reserves on an annual basis, and more of the sales tax as sales tax revenue grows,” he noted.

In another development, Landers today said the Genesee County Legislature will be conducting a Committee of the Whole meeting at 4:30 p.m. Wednesday at the Old County Courthouse.

That meeting has been set up for legislators to go over the results of the 2020 Census as they pertain to population shifts in the county’s nine legislative districts.

"For us, we utilize weighted voting in Genesee County … so we have to go through the process of updating our calculations – updating the weighting of each legislative district," he said.

He said the process includes hiring a consultant to certify the results and then a public referendum on the November 2022 ballot to ratify the changes, which would take effect in January 2023.

The regular County Legislature meeting will follow the COW session.

File photo of, clockwise from left, lobby, kitchen, dayroom, visitation area of facility similar to proposed new Genesee County Jail.

Arthur Brown

There were no gunshots fired yesterday evening following a traffic stop near Mill Road on State Route 33 in Stafford after the driver ran into a cornfield -- either by the suspect or by law enforcement.

What was initially reported as gunfire turned out to be a wildlife scare cannon -- it emits loud blasts fueled by propane -- to deter birds and other wildlife from damaging crops.

The incident began at 6:04 p.m. when Howard Owens, publisher on  The Batavian, reported a silver Pontiac sedan heading west on Clinton Street Road being driven in an erratic manner.  

Near Mill Road, a Deputy was positioned in a laneway in a farm field waiting for the vehicle to pass.

The deputy initiated a  traffic stop across from a  sweet-corn-for-sale stand and a cornfield. As soon as the sedan stopped, the driver bolted from the vehicle and ran south into the cornfield.  The deputy initiated a foot pursuit but backed off when he reportedly saw the suspect remove a handgun from his waistband.

The deputy detained a female passenger in the vehicle,  placing her in handcuffs and returning her to the vehicle.

At that moment, there was a muffled boom, and Owens and the deputy took cover behind their respective vehicles.  The deputy reported, "shots fired."

Over the next 15 minutes or so an additional three blasts were heard.  During that time additional deputies and Batavia police officers arrived on the scene and Route 33 was closed in both directions. Owens was then evacuated from the scene by two deputies in a patrol vehicle.

Over the next few hours, additional law enforcement arrived from Monroe County and the State Police.  SWAT units on scene included one from Monroe County, one from the State Police, and the Genesee County Emergency Response Team. The DEC K-9 unit also responded.

Law enforcement had a preliminary identification of the suspect based on statements from the female passenger. 

The NYSP Aviation Unit helicopter was dispatched to assist and it coordinated with NYSP drone operators to search the area.  Also assisting were the Monroe County Sheriff's Office drone operators.

The suspect was located shortly after 11:20 p.m. in an area about one mile to the northeast of the original location near Westbrook  Road. He was attempting to seclude himself in a wooded area.

He was taken into custody without further incident. 

Law enforcement did recover a handgun during a search of the area where the suspect had initially fled. 

Taken into custody was Arthur J. Brown, 44, of Lake Street, Le Roy.  He was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown was arraigned in Town of Stafford Court and jailed without bail.

The passenger of the vehicle was identified as Breanna A. Smith, 29, of Lexington Avenue, Rochester. Smith reportedly had an active warrant in Florida but Flordia officials declined to extradite Smith.  She was charged with criminal possession of a controlled substance 7th and issued an appearance ticket.

Top Photo: Sweet corn sign this morning at the incident location.

Previously: BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

Smith being taken into custody just after the driver fled and just before the first blast was heard.

Amanda Lynn Huber, 39, of Main Street, Batavia, is charged with petit larceny.  Huber is accused of switching price tags to make items appear to cost less at the time of purchase while at a store on Veteran's Memorial Drive, Batavia. She was issued an appearance ticket. 

Joshua Lanair Webster, 34, of West Main Street, Le Roy, is charged with harassment 2nd. Webster is accused of having physical contact with a victim during an incident reported at 12:51, Aug. 27, on East Main Street in the Town of Batavia. Webster was released on his own recognizance.

Kelly Grace McCoy, 27, of Cambell Street, Rochester, is charged with driving while impaired by drugs and failure to keep right. McCoy was stopped at 1:23 a.m., Sunday, in the area of 5236 Clinton Street Road, Batavia, by Deputy Kenneth Quackenbush. McCoy was processed at the Genesee County Jail and released on an appearance ticket.

William Cappiello, 62, of Batavia, was arrested on a warrant, arraigned in City Court, and released on his own recognizance. There was no information was released on the reason for the warrant. 

McKenzie N. O'Connell, 18, of Rochester, is charged with three counts of endangering the welfare of a child. O'Connell is accused of encouraging/exposing children between the ages of twelve and fifteen to engage in sexual behavior.  Her bail status was not released.

Winston A. Lockhart, 26, of Batavia, is charged with criminal contempt 2nd. Lockhart was allegedly found in the company of a protected party in violation of a stay-away order.  He was issued an appearance ticket and turned over to the Albion Police Department on a warrant.

Rachil J. Oliver, 49, of Le Roy, is charged with DWI,  driving with a BAC of .08 or greater, and failure to stop at a stop sign. Oliver was stopped by a Batavia police officer at 2:37 a.m., Sept. 12, on Otis Street in Batavia. She was released on an appearance ticket.

Marlena M. Burrus, 34, of Batavia, is charged with owning/harboring an unlicensed dog.  Burrus was arrested at her home in Batavia after allegedly being found with an unlicensed dog on Sept. 14. She was issued an appearance ticket.

An Akron entrepreneur says he is scrapping his plans to convert an empty building in the Village of Corfu into a bistro restaurant/ice cream shop.

Earlier this month, the Genesee County Planning Board approved, with modifications, Randy Hesior’s site plan to lease space in a vacant building on a 7.2-acre parcel at 47-49 West Main St.

Hesior was looking to put about $15,000 into the facility, and eventually employ eight to 16 people.

Since then, Hesior told The Batavian that the property owner, who lives in Clarence Center, indicated that he was not willing to spend any money to satisfy requirements pertaining to a driveway or to erect a fence shielding the building from neighbors’ homes.

Modifications recommended by the planning board included that the applicant obtain a driveway permit from New York State Department of Transportation for the change of use prior to approval by the Corfu Village Planning Board and to make sure on-site lighting was installed as to not shine directly onto neighboring property or cause a hazard for motorists.

“So, I’m going to have to look for another building someplace else,” he said.

Another dining establishment in the Village of Corfu is moving forward, however, as planners recommended approval, as long as signage complies with zoning regulations, a site plan to operate Home Slice 33 Pizzeria at 12 East Main St.

The first-floor business will offer pizza, wings, subs and fryer foods, with enough space to seat 18 to 20 customers. Takeout and delivery are additional options.

Two members of a prominent family with deep ties to Batavia – notably a pair of the stately homes that now are part of the Genesee/Orleans Council on Alcoholism and Substance Abuse campus – paid a visit last week to the community that has provided them with many fond memories.

Stephen Atwater of Walnut Creek, Calif., and his sister, Sarah Atwater Mayer, of Scarborough (Westchester County), are the grandchildren of Edward Perrin and Rowena Washburn Atwater, who purchased the historic house at 424 East Main St. in 1937. Edward P. Atwater was president of Batavia National Bank.

(Stephen and Sarah are in the photo above with John Bennett, GCASA executive director, in front of the home at 424 East Main St.)

Built in the 1830s, the Greek Revival and Italianate-style structure has for the past 23 years served as GCASA’s Atwater Community Residence, a place where up to 17 adult male and female clients can live while receiving professional services to help in their recovery.

Furthermore, Stephen and Sarah are the great-grandchildren of Judge Edward A. Washburn, who owned what is known as the Washburn house at 430 East Main St., which now is GCASA’s primary substance use disorder treatment facility.

And their mother, the late Patricia Carr Atwater, was the granddaughter of C.L Carr, who founded the Carr’s department store in downtown Batavia. It was later taken over by her father, Robert Carr, and then her brother, (the late) Steve Carr.

Stephen and Sarah’s aunt, Beth Carr, who resides in Stafford, was closely involved with managing Carr’s store with her husband, Steve, prior to its closing.

“It was known as Batavia’s Finest,” Stephen said of the store, “and it still is.”

'WE HOLD THE CITY NEAR TO OUR HEARTS'

“Moreover, we’re proud to be a part of Batavia and to have a strong attachment to the city based on our family history as it relates to the Atwater, Washburn, and Carr families,” he said. “We hold the city near and dear to our hearts.”

Stephen and his twin brother, John, and sisters, Sarah and Martha, were born at Genesee Memorial Hospital in Batavia and, although they grew up in Rochester, spent much time during their childhood years in the 1960s at their grandparents’ home at 424 East Main St.

Sarah and Stephen said they are pleased about the way GCASA has maintained the architectural heritage of all of the houses on its East Main Street campus.

“We think it’s wonderful,” Sarah said, with Stephen adding, “We’re happy to see it is being used and that they have maintained the appearance and integrity of the houses. The fact that they maintained the character of the house is priceless.”

A special feature of the interior is the Mexican mahogany paneling in the library, which was one of the last jobs completed by the Batavia Woodworking Company before it ceased operations in 1939.

Stephen said he and Sarah were in the area to take care of things at the Rochester home of their father, Julian “Joe” Washburn Atwater, who passed away on July 30 at the age of 90. They also went to Le Roy to check on the headstone of their father, who will be buried at Mount Hope Cemetery in Rochester, where his brother, Edward, and his wife, Patricia Carr Atwater, are buried.

Julian Atwater received the nickname Joe while he worked at the former Massey-Ferguson plant in Batavia back in the ‘50s, Stephen recalled.

“Someone asked him what his name was and he said, ‘Just call me Joe.”

Their father, who went on to become a corporate lawyer in Rochester, had two older brothers -- the late Edward, and James, now 93. They were the sixth generation of their family to live in Western New York.

A 'GIFTED' CHILDHOOD IN BATAVIA

Sarah said the many days in Batavia with her grandparents, parents, aunts, uncles and cousins contributed to a special childhood.

“We had a very, very gifted childhood by being able to spend so much time in Batavia in the sixties,” she said, noting that the four Atwater children would take the Trailways bus from their Rochester home to Batavia to stay at their grandfather’s house.

Stephen said he remembers sliding on the bannister and playing billiards on the pool table that was “right at the bottom of the staircase.”

“And they had a cat named Walter Mitty,” he said. “One of the things we did when we got to the house would be to try to find the cat, but often times we couldn’t find him.”

He said he recalls going to the Treadway Inn with his grandmother to have roast beef au jus, dining at Mancuso’s Italian Restaurant and attending St. James Episcopal Church.

Sarah said she enjoyed the walks down Main Street and having lunch at the counter at JJ Newberry or going to see their maternal grandfather at Carr’s store.

“I love Batavia but when I come here, I try to imagine it the way it used to be,” she said. “It’s getting better, though. My brother and I went to Eli Fish and the brewery – because GCASA has one of Eli Fish’s old houses, too. We noticed the old JJ Newberry sign.

“Carr’s Department Store (being gone) makes us really sad because we loved that. I still talk to people who say their parents went there for everything. They bought their furniture there, their makeup, their jewelry, their baby clothes. We rode the elevator; I remember the gumball machine on the third floor.”

ATWATER HOUSE CALLED 'ICONIC'

Stephen, a veterinarian specializing in treating animals with cancer, and Sarah, who is retired, were joined by their brother, John, on a phone call with The Batavian. Martha passed away in 2013.

John, a chemist from Potomac, Md., called the house at 424 East Main St. “iconic.”

“It represents the wonderful times that I spent there as a kid in Batavia, which was such a fun town to be in,” he said, with Sarah adding, “A charming, small town.”

Although the long row of storefronts on the north side of Main Street gave way to Urban Renewal in the early 1970s, Sarah remarked that the city still has “a lot of potential.”

“We still love it,” she said, asking about the Greet yogurt plant (which now is HP Hood in the Genesee Valley Agri-Business Park), O-At-Ka Milk Products and other places of employment to attract young people to Batavia.

Ultimately, Stephen said they consider it an honor that the Atwater and Washburn family name continues to hold a special place in the community.

“I think the fact that we are able to give something back to the community that maintains the name of the Atwater family is an honor,” he said. “And to have that history entrenched in the City of Batavia as it was, obviously, is such a large part of our heritage.”

Photo: Atwater family photo from 1964 in the Atwater House living room -- sitting on floor, from left, children Connie, John, James and Stephen; seated from left, James and his wife, Joan, holding son, David; Rowena Washburn Atwater and her husband, Edward Perrin Atwater, holding grandchildren Rebecca and Sarah; young Ned, with his father, Edward C. Atwater, and his mother, Ruth Prole Atwater; standing, Patricia Carr Atwater, holding daughter Martha, and her husband, Julian Washburn Atwater. Julian and Patricia are the parents of Stephen, John, Sarah and Martha.

Photo: The Atwater grandchildren in 1964. Front from left, David, Connie, Ned; middle, Rebecca, Sarah and baby Martha; top, John, James, Stephen. Andrew, the 10th grandchild of Edward Perrin and Rowena Washburn Atwater, wasn’t born yet. Andrew passed away in 2013, three days before his cousin, Martha. Submitted photos.

Disclosure: Mike Pettinella is the publicist for GCASA.

PUBLISHER'S NOTE:  During the course of events yesterday we had a technical issue with the website.  This caused us to copy the original post and headline and create a new post with the same information and then delete the old post.  When we did this, all the comments disappeared with the original post.  I just wanted readers to know that no comments were deliberately removed.

A person is in custody after two shots were fired on Route 33 in the Town of Stafford, according to a report from Howard Owens, publisher of The Batavian, who is at the scene.

Owens reported at 6:12 p.m. that a silver Pontiac sedan was westbound into the City of Batavia on Route 33 and it was weaving.

Just after passing Mill Road, a Genesee County sheriff's deputy pulled the vehicle over and a black male driver got out of the car and ran across Route 33 into a corn field on the south side of the road.

About three or four minutes later, a shot was fired, Owens said, calling back to report that a second shot has been fired.

Two sheriff's deputies and a City of Batavia police officer are on the scene.

Updates:

UPDATE 11:57 p.m. (by Howard): Suspect in custody as of about 10 or 15 minutes ago.

UPDATE 9:36 p.m. (by Howard Owens):  At shortly before 6 p.m., while returning home from Rochester on Route 33, I noticed a silver Pontiac sedan weaving.  He crossed the center line and the fog line once each and then went straight for a while.  I didn't immediately call it in.  Then it weaved multiple times so at 6:04 p.m., I called dispatch completing the call as we approached Griswold Road.  A few seconds later, the car slowed to about 45 mph.  At Route 237 it slowed again.  Then about 1/4 of a mile later, it accelerated to 75 mph.  I called dispatch again.  As we approached Mill Road I spotted a deputy parked in a drive lane in a farm field on the right side of the road.  I slowed to allow him in behind the vehicle.  The vehicle pulled over as soon as the officer his emergency lights. I was not planning to stop but as soon as the Pontiac stopped, the driver bolted from the car.  He was a tall, thinnish, Black male dressed in all black. He ran in a laneway between rows of corn near where there is a corn-for-sale stand at the side of the road. The deputy pursued on foot but stopped when he got to the start of the cornfield and he drew his weapon.  I later heard him tell another officer that he had seen the man with a gun in his belt.  I walked back from the way we came (to me, it feels like north but I guess it's really east) to watch the open field on that end of the incident to see if I saw the man fleeing.  After a couple of minutes, I decided he was more likely to run toward the Thruway where there was more cover so I walked back to my car.  Just as I reached my car, I heard a gunshot.  I took cover behind my vehicle. I heard at least four more shots while in that position.  At that point, two deputies and a patrol vehicle pulled in behind my vehicle and asked me to get in the backseat of the patrol vehicle.  I did.  Then the female passenger from the sedan got in the back seat.  I asked her what was going on.  She said she didn't know and that she had just met the driver earlier today.  I was left with a Batavia police officer who was blocking traffic at Caswell and Route 33 until about 8:30 when the Sheriff's Office provided me a ride home.  The situation as far as I know remains unresolved.  I'm told not to  expect a press conference tonight.  Law enforcement is on a secure channel now so further updates are going to be difficult to obtain.

8:21 p.m. -- The New York State Thruway traffic is moving very slowly.

Photo above taken at 7:55 p.m.

7:47 p.m. -- Situation continues as Monroe County Special Weapons and Tactics (SWAT) Team arrives.

7:35 p.m. -- Latest report from Owens: Monroe County Sheriff's Office drone operator is on the scene.

7:26 p.m. -- The New York State Police helicopter has arrived on the scene (photo below).

7:17 p.m. -- Police are indicating that at least a dozen shots have been fired, all by the suspect. His location is believed to be in a wooded area behind a tree east of Mill Road near the New York State Thruway.

6:53 p.m. -- Genesee County's Emergency Response Team has been dispatched to the scene.

6:45 p.m. -- Owens reported that the New York State Department of Environmental Conservation officer has arrived with his K-9. He also said that a deputy reported that he saw a gun at the driver's waistline.

6:38 p.m. -- Police have ordered the scene to be evacuated, moving Owens east to Caswell Road. The driver of the car is still at large, with Owens indicating that all shots have been fired by the suspect.

6:30 p.m. -- A fourth shot has been fired. The person in custody is the female passenger in the car (photo above).

6:25 p.m. -- Multiple law enforcement vehicles are on the scene.

6:24 p.m. -- A third shot has been fired.

6:20 p.m. -- Route 33 is closed.

Photos by Howard Owens.

There have been many complaints and much concern expressed about Batavia City Schools’ current busing situation, Board President Alice Benedict says. Parents have been quite vocal about the need to put three students per seat on Jackson and John Kennedy school buses, however, it has all been online.

Board meetings have been void of any such vocal discourse, she said.

“No parents have ever attended. But there have been lots of comments on social media,” Benedict said during an interview Saturday. “We’re criticized for the choices made, but nobody has taken the time to come and talk to us. Unfortunately, it’s something we don’t have any control over.”

A lack of drivers at the district’s bus operator, Student Transportation of America, has in turn meant fewer buses per run. To accommodate all of the students needing transportation, they have been assigned three per seat, she said.

“There’s not anything the school district can do about it, other than ask parents to take their kids off the bus and drive them to school themselves,” she said. “We’re still talking to the bus company … for me personally as a board member, (Business Administrator) Mr. Rozanski is doing the best he can. They just don’t have the bodies to drive.”

Batavia is far from alone in this dilemma. ABCnews.go.com states that schools across the country, from Pennsylvania and Virginia to Missouri, Ohio, and Texas, have reported similar shortages. Georgia’s Savannah-Chatham County Public School System reported a 30 percent decrease of more than 110 drivers upon the start of this school season, the website states. Covid is to blame for the lack of drivers, Paul Abbott, executive director for transportation for the district, said to ABC News, it states.

The city school district is short some four buses, which has caused delays, late arrivals and the three-per-seat set-up. STA operates more than 16,000 vehicles for over 300 school districts, according to its website, and is “committed to providing our customers with the highest level of safe and reliable transportation solutions available.” The company’s public relations department did not immediately reply to a request for comment.

Students are required to wear masks on the bus, and they can take brief mask “breaks” if the weather is nice and the windows are open, Benedict said. Many of them have been told by their parents to wear the mask for the duration of the bus trip and not take them off at all, she said.

As for other virus-related measures, Covid testing equipment has been issued to the district by the Genesee County Health Department, Interim Superintendent Scott Bischoping said during the board’s Thursday meeting. Students with potential symptoms of the Covid-19 virus can be tested during the day.

The Health Department will notify school officials if anyone does test positive, and contact tracing will begin to track down who the infected person was in contact with prior to being tested, he said, “and making the determination if a quarantine is necessary.” The total quarantine would be for 10 days, minus any days already lapsed before diagnosing the Covid case, he said.

Having access to on-site testing and wearing masks are two methods to maintaining a healthy environment, he said.

“Our families want our kids in school as much as possible,” he said.

The next board meeting is set for 6 p.m. Oct. 21 in Batavia High School library, 260 State St.

A related Q&A was posted Thursday on the district’s website to clarify its protocols for Covid-19 guidelines. That is shown below:

SEP 16, 2021

Dear BCSD Parents and Guardians, 

Over the last few days, we’ve received a few questions from parents about protocols regarding our COVID-19 guidelines that we want to clarify for the larger community.

We appreciate the questions and will continue to update you as they arise.  

Q: Are there outbreaks of the virus in our buildings? 

A: While cases of the virus have been reported to us by the Genesee County Health Department, only a small number of those cases resulted from a spread within our buildings. Most reported cases are due to a spread of the virus outside of school, and families have taken the necessary steps to quarantine. While this situation could change, we will report any significant issues directly to families.

In an effort to provide transparent information on COVID-19 cases reported throughout the Batavia City School District, going forward, each Monday, we will be posting the number of positive student and staff cases reported from the previous week on our website: BataviaCSD.org.

Q: How will families be made aware of cases within the schools?

A: We are working in collaboration with the Genesee County Health Department who is providing guidance when there is a positive case in any of our district buildings. 

Once a positive case is identified, the Health Department determines who that child or staff member has been in contact with. From there, Health Department officials determine what action is warranted (i.e., testing, quarantine, etc.).

You will be contacted directly by the Health Department if your child was in contact with another person who has tested positive, and they will work with you to determine the next steps.

Q: Are there three students per seat on our buses?

A: Yes, there are three students per seat on our Jackson and John Kennedy bus runs in many cases. While we would have preferred to have enough buses to have separate bus runs for each building with fewer students on each bus, our transportation contractor has been unable to provide the necessary buses due to the nationwide bus driver shortage.

Q: What are you doing to try to get more buses?

A: We will continue to work with our busing contractor STA to find more opportunities to increase the number of buses servicing our district, including using subcontractors. But as of today, we don’t have a solution in place. 

Q: Is it true that students are allowed to take mask breaks on buses?

A: We have advised our bus drivers to allow students to take brief mask breaks – especially on hot days. These breaks are permitted (but not required) to avoid students getting overheated. Weather permitting, we are also opening our bus windows. 

As a parent, you can certainly advise your child not to remove their mask during these breaks.

As a reminder, if a student or staff member exhibits any COVID symptoms, they should not report to school that day and should contact the building nurse immediately. 

Please reach out to your child’s principal if you have any additional questions or concerns. 

Sincerely, 

Scott Bischoping

Interim Superintendent  

A motorcycle accident on Walnut Street at Law Street this afternoon is under investigation by Batavia PD.

The motorcycle rider was reportedly seriously injured at about 12:22 when his bike slammed into the side of a pickup truck at the intersection.

The 30-year-old male, whose name has not yet been released was taken ECMC by Mercy Flight.

According to Sgt. Mitchell Cowen, Batavia PD, the motorcycle was traveling west on Law Street at a high rate of speed and collided with a pick-up truck that was headed north on Route 98.

The driver and sole occupant of the pick-up was not injured.

Police say the motorcycle was passing vehicles on Law Street before the collision occurred at the intersection.

Because the intersection was closed down until about 3:00 p.m., the City Schools advised families that busses were delayed in dropping off students this afternoon. According to Batavian City Schools Business Manager Scott Rozanski. students remained at school with supervision until the road was reopened.

The Genesee County Sheriff's Department accident reconstruction team is also assisting in the investigation.

City Fire and Mercy EMS also responded.

Lifelong Genesee County resident Melinda Stedman was prepared for late night feedings and diaper changes with her son JP, but not for what the 9-month-old must now endure.

“It’s something I never imagined I’d have to do,” she said Thursday while waiting for her son to wake up from his nap. “I didn’t think I’d have the strength, but you find it. It’s sad because he’s not doing the normal things and having the normal milestones. We’re celebrating the tiny things.”

JP,  short for Joseph Paul, has a rare liver disease. It was discovered through a liver biopsy in January, and has put the Stedman family on a “rollercoaster” of emotional and medical ups and downs ever since. Their ordeal began with an ultrasound in which doctors could not find the little guy’s gallbladder. That led to the diagnosis of Biliary Atresia, and the need for a life-saving liver transplant.

When JP doesn’t have cholangitis, Stedman — a stay-at-home mom with two other children — feeds him a special formula to help him gain weight, and observes his four weekly therapy sessions (two each for physical and occupational therapies). When he does have cholangitis — an inflammation of the bile duct system — he has to go into the hospital for a picc line, or long catheter inserted into a peripheral vein for longer term use. His mom has learned how, and adapted to, maintaining, flushing and administering fluids to his IV line at home.

While Stedman and her husband Paul, a New York State trooper, wait with hope for a suitable liver donor, they are also anticipating the estimated $50,000 to $80,000 needed for the transplant surgery at Children’s Hospital of Pittsburgh, and the related costs of housing accommodations for them to stay with him throughout the two to three months of post-surgery lab and clinic treatments.

A GoFundMe page has been set up to help offset those expenses. The page also has a more detailed explanation of his condition and all that 9-month-old JP has gone through to date. The fundraising goal is $50,000. There are also sales of JP T-shirts and keychains (handmade by the 11-year-old daughter of a friend who likes to work with clay and created a green clay ribbon).

Ever since she learned of the Stedman’s plight, friend Joanne Smith and her husband Dan have jumped on board to help. Mrs. Smith has not only known the couple a long time, it was in her criminal justice class where they first met.

“We’re all together for two years. (After graduation) I hear from all of them about people getting married and babies being born,” Mrs. Smith said. “When I heard last January about JP … Dan and I are retired, and we said ‘what do you need?’ When he was diagnosed in January, we were hoping they could avoid a transplant. It’s just been a rollercoaster. You think you’re out of the woods and improving, and then he’s back in the hospital.”

The sad paradox about a transplant, she said, is that everyone wants JP to remain strong enough to survive the transplant, but the more critical his condition gets, the higher he climbs on the list of priorities. Some people have inquired about becoming a donor, however, the list of requirements is very demanding and the process is not an easy one, Mrs. Stedman said.

“I just met with the living donor coordinator,” she said, listing some requirements of being 18 to 55, blood type O or B, generally healthy with a BMI of 30 or less and a non-smoker. “People have to go fill out an application online.”

A donor outside of the immediate family would be ideal, Mrs. Smith said, as the parents will need the physical strength to care for JP, 3-year-old Zachary and 5-year-old Savannah.

Given his countless needle pokes and jabs and other medical tests and treatments, including an intravenous

tube, JP has been “a very happy baby,” especially when home with his siblings, his mom said. And there are those days when the frail tyke can bear weight on his legs and lift food up to his mouth, she said.

“I learned to celebrate those small victories,” she said. “My faith has gotten me through it.”

To read more about JP’s life and battle and/or to donate, go to:

http://www.gofundme.com/f/jps-liver-transplant-expenses?qid=5ec9ad887ec101894c8cfbe347057ea7    

or check out his Facebook page:https://www.facebook.com/jpsfight

For anyone interested in applying to be a potential donor, go to the University of Pittsburgh Medical Center’s site: LivingDonorReg.UPMC.com        

Photos submitted by Melinda Stedman. Top photo: Nine-month-old JP Stedman cracks a smile despite enduring medical treatments as he waits for a liver transplant donor.

Siblings Zachary and Savannah Stedman spend cherished time with younger brother JP while he's home from the hospital. 

Nine-month-old JP Stedman is shown in an all-too-familiar scenario with an IV tube at home while he battles a liver disease and waits for a donor for his liver transplant.      

“Why can’t the Town of Batavia go to 8.25 percent sales tax and use the .25 percent to prevent citizens in the Town of Batavia and companies (from) absorbing this cost for everybody from outside communities that come here to do their shopping?”

With that question toward the end of Wednesday night’s Batavia Town Board meeting, Lewiston Road resident Bill Sutton triggered a 15-minute discussion with Town Supervisor Gregory Post about sales and property taxes, and New York’s tax cap.

Sutton, (photo at right), a truck driver for Kistner Concrete, said he noticed that the meeting agenda included a resolution calling for an override of the New York State tax cap – the limit on the amount of real property taxes that may be levied by the town as it prepares its 2022 budget.

He said he was concerned that property taxes will increase and thought that bumping up the sales tax from 8 to 8.25 percent could be a way to prevent that from happening.

Pointing out that Erie County’s sales tax is at 8.75 percent, Sutton said he wondered if the extra ¼ percent in sales tax could be put in the town’s budget “so that citizens in the town don’t have to pay higher property tax.”

“Why can’t we benefit from that? Why can’t the Town of Batavia implement a little more sales tax to compensate for this, instead of property owners and businesses picking up the slack?” he asked.

TWO SALES TAX JURISDICTIONS

In his response, Town Supervisor Gregory Post said he appreciated Sutton’s questions and went on to explain that towns or villages do not have the authority to impose sales tax.

“There are two entities that are eligible to collect sales tax. One is Genesee County and one is the City of Batavia,” Post responded. “Traditionally, over the last 20 or 30 years, there has been a collaboration between those two entities to allow the county to collect all of the sales tax and then distribute 50 percent of those revenues collected or some portion of that 50 percent to the communities on an ad valorem basis.

“Which means that communities will get a percentage of the sales taxes collected by Genesee County – whether it’s 8 percent or 8 ¼ or 8 ½ or 8 ¾. Those are distributed based on the communities’ assessed valuation – taxable assessed valuation.”

Post mentioned the agreement between Genesee County and the City of Batavia that provides the city with a minimum of 14 percent share of all the sales tax revenue generated in the county. That agreement also benefits the county’s towns and villages which, by virtue of a revision last month, will share $10 million in sales tax revenue annually for the next 38 years.

Per that agreement, the Town of Batavia’s assessed value qualifies it for about 16 percent of that amount – the actual figure is $1,687,937 – and that is substantially more than the other municipalities. The Town of Darien, site of Six Flags Darien Lake, is next at $970,992, followed by the Town of Le Roy at $822,260.

The supervisor explained that the town is supported by sales taxes “and the sales tax revenues have traditionally been twice what the property tax collection levy was.”

“So, for every dollar collected in property taxes, we have been benefited by a dollar and a half to two dollars in sales tax revenues already,” he said. “And that sales tax is paid by (in part) by citizens not living in the Town of Batavia …”

'LOOKING DOWN THE ROAD'

Sutton said that satisfied that part of his question, but added that he is “looking down the road (because) here we are today – we have a shortfall.”

He continued on his point that many people from outside the town come to the town to shop, and that the town should benefit more from having to deal with extra traffic and for having many “employment opportunities.”

“There has to be something we can do as a town to increase sales tax,” he said. “There has to be something that we can go forward doing this to make it even more beneficial to live in the town – to bring a business in from outside.”

Post replied by asking him to consider, “How much benefit does Genesee County get by having a lower sales tax rate to attract shoppers from counties that have a higher sales tax rate?”

“We have spent a lot of time looking at the consequence; right now, we’re an attractive site for equipment sales, heavy equipment. We just had a groundbreaking this week (LandPro),” Post offered.

“I’m looking at the larger scale sales of automobiles and heavy equipment, and if you’re selling a million dollar bulldozer and you’re selling it because your sales tax are 8 percent instead of 8 ¾ percent, and they’re buying it and taking delivery here, we’re getting the benefit of some of those revenues that we wouldn’t get if our sales tax rate was the same as it was in another county.”

Sutton said if Genesee County went to 8.25 percent it still would be lower than Erie County (but more than Monroe County, which also is at 8 percent).

Post offered to continue the debate with Sutton, inviting him to attend a weekly (Wednesday at 5 p.m.) board workshop.

“I am happy to hear your perspective and your comments … and I’m happy to see the participation,” the supervisor said.

Sutton acknowledged that he doesn’t have access to all the dollar amounts, but pressed on with his view that the Town of Batavia has a quality of living that other communities don’t have, especially an abundance of shopping locations.

“Why can’t be benefit from this so that our children, grandchildren and great-grandchildren will also have that benefit going forward?” he asked. “We will prevent the shortfall by adding the .25 percent sales tax across the board to make it fair for not only the residences and the businesses – for everybody – to keep the property tax down that will draw business in from the outside and everybody will contribute.”

'NO OBLIGATION TO SHARE'

Post then brought up the fact that Genesee County has “absolutely no obligation to share one dime of sales tax revenue with any community.”

“They are entitled to keep 100 percent of it and it is only through the strict negotiations over the last 20 years by this board and our predecessors to come to some rational agreement where the county gets what they need to sustain their operation and not defer maintenance, and the communities in the county are benefited by the apportionment of sales taxes that they are,” he explained.

He then said he believes that Genesee County probably distributes more in sales tax to its towns and villages than another other county in New York State.

“There might be one or two other counties that do a better job with sales tax distribution than Genesee County, but locally they take 10 million dollars in revenue they collect in sales tax and they give it back to the towns to subsidize town and village operations to maintain a lower (property) tax rate.”

Post then went back to the resolution to override the state property tax cap, calling it “a statement that our community has been strategic and has been looking down the road five, 10 and 15 years financially, and retained by these resolutions annually the ability to manage our assets and modify our cash flow to meet the needs of our community so that we’re not bound and restricted by New York State and prevented from maintaining infrastructure that is key to being an attractive community to developers both international site selectors and local developers.”

The board set a public hearing on the tax cap override for 7 p.m. Oct. 20 at the Batavia Town Hall, 3833 West Main St. Rd.

Post thanked Sutton for sharing his thoughts, adding that he is “part of this community and your job as a citizen is to participate.”

Following the meeting, Post said that although it is early in the 2022 budget process, he does not expect the town’s property tax rate to increase.

The 2021 tax rate was set at $2.85 per thousand of assessed value, meaning that a home assessed at $100,000, for example, would pay $285 in town taxes for the year. The town also imposes a fire district tax, which was $2.34 per thousand this year.

Photo by Mike Pettinella.

The Genesee County Legislature's Public Service Committee learned a lot about the history – and future – of the South Lyon Street bridge on Wednesday afternoon during a departmental review by Highway Superintendent Tim Hens.

Because of a recent inspection by the New York State Department of Transportation that revealed two “red flags,” the one-lane truss bridge (photo at top) was closed to traffic at the end of August. And it will stay that way for about a year, said Hens at the PSC meeting at the Old County Courthouse.

“That was not a surprise to us; we’ve seen that one coming,” Hens said. “It has been like a slow motion train wreck. We had our fingers crossed that we could make it through one more season.”

Hens said a new two-lane truss bridge is on the schedule to be replaced next spring and will take several months to rebuild. It’s unfortunate as motorists hoping to get from West Main Street to South Main Street (or vice versa) will have to use either the Oak Street roundabout or the River Street bridge.

“The (recent) inspection -- it couldn’t pass the (minimum) load limit of three tons, which is about the size of an average car,” Hens said.

The bridge, which Hens said accommodated about 2,500 cars per day on average, was in bad shape with secondary girders so “rusted out that you could poke a string through them.”

Built in 1982, it did, however, last much longer than the five to 10 years that were anticipated.

Hens said the bridge was selected for federal aid in 2011 but, two years later, that funding was withdrawn. In 2014, the DOT did not accept the application to replace it. Three years later, it was resubmitted – again unsuccessfully.

In 2020, the county learned that it would be scheduled for replacement in 2023, but now, in light of the red flags, it was been moved up to 2022.

Hens said the new bridge will be a truss style, as well, wider for two lanes and including a sidewalk on the west side. It also will be turned slightly to the west for easier access from South Main Street.

Other topics in Hens’ report included funding, roads, equipment, tree removal, airport, parks, facilities, water and grants.

He reported the highway department applied for 24 bridges and culverts under the 2021 BRIDGE-NY program, using a similar strategy as in 2018 by having the county’s towns apply for structures under Genesee’s ownership and maintenance jurisdiction. This number was less than the 34 applied for 2018 because the state DOT advised the county “not to flood the application pool.”

County crews replaced bridges on Sandpit Road in Alexander, South Main Street Road in Batavia, Wortendyke Road in Batavia, Macomber Road in Batavia and Alabama, and Browns Mill Road in Bethany repaired a bridge on Francis Road in Bethany.

Currently, the bridge on Colby Road in Darien is closed for repairs.

“Colby Road was a little different,” he said, calling it the biggest surprise he has seen in his career as far as bridge inspections are concerned.

After it was red flagged in 2020 for problems at the north end of the span – closest to Route 33 -- major repairs were made. Eight months later, another inspection revealed similar issues on the south end.

“We literally went from no flags, no load restrictions to, like holy cow, we’ve got to close the bridge tomorrow because it is bad,” Hens said. “It literally rated at negative two tons; supposedly it couldn’t support anything and we had cars drive over it for two months (before closing it per DOT).”

Repairs are being made now on the north end of the bridge, said Hens, adding that it should reopen to traffic in a few weeks.

Several other bridges were or are on the federal aid replacement schedule, including Upton Road in Batavia which reopened yesterday.

Other highlights of Hens’ report are as follows:

More Highway Funding Than Expected

“Between the governor and the assembly, we got an even bigger boost in our annual CHIPS (Consolidated Local Street and Highway Improvement Program) and PAVE-NY funds,” Hens said. “At the end of the budget season, we were already probably at 160 percent of our normal funding. We got a ton of money going into the season.”

With that added funding – and despite a rainy July – the county is on pace to have all heavy roadwork done by Columbus Day, “which even in a normal year we’d be happy to be done that early,” he said.

Hens reported that more than 100 miles of the county’s 260 miles of roadway have been widened to 30 feet over the past several years and that will continue even if asphalt prices continue to climb (costs are up by about 15 percent over 2020).

Emerald Ash Borer is Creating Havoc

The emerald ash borer is a green buprestid or jewel beetle native to north-eastern Asia that feeds on ash species. Also known as EAB, it is causing severe problems in Genesee County, Hens said.

Thousands of dead ash trees throughout the county need to be removed as they are infringing upon roads and exposing the county to liability.

Hens said highway crews typically remove 160 or more trees from the right-of-way each year from November through April, but for 2022, he is asking for a year-round tree removal crew with two more motor equipment operators and two more seasonal flag persons.

County to Save on Snow and Ice Removal

Hens said recent mild winters will result in about a $175,000 savings to the county as the 2021 rate paid to the towns for snow plowing will be $5,825 per mile – down from $6,515 per mile in 2020. Salt prices remain stable at $51.29 per ton.

As far as fuel prices are concerned, diesel is up 13 percent from last year and unleaded is up 21 percent from 2020.

Airport Fuel Sales Rebound

Hens said that fuel sales at the Genesee County Airport are back on pace with 2019 figures, noting that the COVID-19 pandemic did not impact fuel sales as much as expected. Furthermore, small plane traffic has increased, keeping the waiting list for hangar space at more than 20.

A new eight-bay hangar is available for rent, he said, and reconstruction of the apron (funded by a Federal Aviation Agency grant) is anticipated for next year.

The county is seeking a grant from Upstate Aviation Economic Development and Revitalization to fund a $13 million project to build a large corporate hangar, equipment storage facility, apron and parking at the west end of Saile Drive.

“If we get that grant, just submitted today, there would be an equipment storage bay attached to that building that would be 100 percent funded,” he advised.

Genesee Justice Building Needs Much Work

The stonework at the Genesee Justice building at 14 West Main St. (in front of the county jail) needs significant restoration and safety work, Hens said, estimating the cost could reach $1 million.

The county has been unsuccessful in obtain an historic grant, but will reapply this fall, he said.

Hens also said the county is studying the best way to renovate Holland Land Office.

Water Project Entering Phase 3

With Phase 2 just about finished, the county is in the planning stage of Phase 3, which could cost up to $85 million.

He said the City of Batavia Water Treatment Plant is in need of significant infrastructure, possibly costing around $2.6 million, to keep it operational in the short term. Phase 3 eventually calls for the city to shut down the plant when it becomes a retail customer of the Monroe County Water Authority.

The county also is looking into getting water from Niagara County to help support the Western New York Science, Technology and Advanced Manufacturing site in the Town of Alabama.

County Considers Huge Grants

Hens said the county could be in line for a $10 million federal grant for the water project if the reconciliation bill makes it through Congress.

Additionally, he called the Economic Development Administration Build Back Better Regional Challenge “a giant opportunity, potentially up to $100 million in funding for a regional project.”

“We’ve had several phone calls with the EDA regional director … and will try to schedule another Zoom call Friday to further discuss whether it is worth putting our eggs into this basket,” he said. “It’s a lot of steps (to complete the grant), but a great opportunity for us, if it’s the right fit.”

The Batavia Town Board on Wednesday night voted in favor of several resolutions pertaining to the Park Road Improvement Project – a $4.3 million reconstruction of the busy street that runs between Lewiston Road (Route 63) and Oak Street (Route 98).

Approvals of resolutions by the board at its monthly meeting at the Town Hall on West Main Street Road are as follows:

• An amendment of a bond resolution of July 21 that increases the amount to be borrowed from $3 million to an estimated maximum cost of $4.3 million “to reflect the full nature of the costs of the project and to handle the higher than expected bids received.”

Town Supervisor Gregory Post said the issuance of serial bonds makes the most financial sense, especially since a large portion of the project cost will be reimbursed by the federal government and New York State.

“This gives us temporary cash flow to be able to pay the bills with the bond money and not having to take it from town accounts,” Post said. “Right now, we’re earning interest on 99.9 percent of the town’s money.”

• A revised supplemental agreement with the state Department of Transportation that puts the total construction cost at $3,248,915 with the federal share at $2,599,132, the state share at $435,000 and the local share at $214,783, and to include a local share for the watermain and street lighting betterment at a total cost of $1,108,085.

Renovation of Park Road has been part of the town’s plan since December 2009, when it signed the original agreement with the DOT.

• A contract in the amount of $4,077,000 with Concrete Applied Technologies Corp., doing business as CATCO, of Alden, as the lowest bidder as the general contractor for the project.

Work will consist of the installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98, and installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

• A contract in the amount of $11,200 with Ravi Engineering and Land Surveying, P.C., of Rochester, to assist the town in the design of the street lighting electrical system and review the estimate of the project.

The board tabled a resolution to amend an agreement with Western Regional Off-Track Betting Corp., raising the contribution of the parent company of Batavia Downs Gaming from $350,000 to $486,870 for enhanced aesthetics near the facility.

The resolution stipulates that WROTB make three equal yearly installments of $162,290.

Post said negotiations with WROTB are continuing.

In late August, WROTB directors approved allocating $488,000 for the enhancements due to rising costs of conduit, light fixtures and trees.

WROTB President Henry Wojtaszek said he hoped to forge a contract with the Town of Batavia for Batavia Downs to maintain trees, street lights and sidewalks, and for snowplowing of that portion of the road.

In other action, the board approved:

• A contract for $13,250 with Ciurzynski Consulting, LLC, of Attica, for architectural and engineering sub-consultant services for improvements to the Town Hall and highway garage.

Post pointed out several issues with the Town Hall, including heating/air conditioning problems and flooring and the need to reconfigure work space, and with the highway garage, including replacement of the roof and insulation to facilitate cold storage to warmer storage.

• A contract for $9,500 with Wendel Companies of Rochester to assist in updating the town’s solar law.

Currently, the town is enforcing a moratorium on solar projects while a committee works to formulate a comprehensive solar ordinance. Chaired by Town Council member Chad Zambito, the committee is scheduled to meet again on Sept. 23.

The City of Batavia is doing all it can to “head off” the unpleasant odor that has been emanating recently from its Wastewater Treatment Plant, which is located behind the Industrial Park off Pearl Street.

With a $1 million capital project to replace the air header system at the WWTP completed, the ponds are receiving more oxygen and the “bugs” that breakdown the biological material are beginning to multiply again, City Manager Rachael Tabelski said in a response earlier today to an email from The Batavian.

“There will be a period of pond turnover where the organic material that was not broken down over the last several months is turned over or bubbles to the top of the ponds in an effort to digest it,” she wrote. “We sincerely hope that this post project period of turnover is only a short time and ponds go back to normal operations in the very near future.”

Tabelski reported that the city plans to conduct a headworks, capacity analysis and financial planning study for the WWTP and wastewater system in the near future.

The headworks is the first stage of the water treatment process. Its purpose is to remove large inorganic materials from the wastewater, with the goal to ensure the wastewater is free of toxins and debris when it reaches downstream equipment. 

The study, according to Tabelski, “will help us understand the long-term needs of the system and any other problem areas that need to be addressed so that we are operating at optimum efficiency and can continue to take waste from multiple industrial clients in the city and Town of Batavia.

Previously: Project at Batavia's Wastewater Treatment Plant is nearly complete

The Genesee County Legislature’s Ways & Means Committee this afternoon responded to a call from the New York State Association of Counties to oppose Gov. Kathy Hochul’s order forcing all healthcare workers to be vaccinated by Sept. 27 or risk losing their jobs.

The committee passed a resolution urging Hochul and new Health Commissioner Ann Marie T. Sullivan to modify the COVID-19 mandate by providing options such as regular testing for those opting to not take the vaccine at this time. It will be presented to the entire legislature at next Wednesday’s meeting.

“This came as a result of the letter that was sent from the nine counties in the Finger Lakes Region (expressing) our concern in regards to the healthcare crisis that is facing us on September 27^th,” Legislature Chair Rochelle Stein said. “It was delivered to the NYSAC folks, and they sent a letter immediately but they’re asking for counties to please send resolutions urging the same.”

Ways & Means Committee Chair Marianne Clattenburg echoed Stein’s thoughts, stating that “there will be a crisis in healthcare if all of these people who are not vaccinated are forced to resign their positions without any kind of alternative testing options.”

Stein pointed out that many healthcare facilities are closing departments as workers have already decided to quit.

“Just this week, Lewis County shut down – their hospital shut down their maternity ward, St. Peter’s Hospital in Albany is shutting down a whole wing and Wyoming County Hospital’s nursing home is looking at 50-plus people resigning over the vaccine mandate,” she said. “And the result is going to be overwhelmed hospitals and we’re going to be in a worse position than we were last March, April and May in New York State.”

Clattenburg said that the committee is encouraging other options, such as twice-a-week testing and masking -- “everything we’ve been doing in order to keep our healthcare workers working.”

Stein agreed, noting that while “everyone is encouraged to take their vaccine as a preventive … those who are not, this would at least give them an opportunity to continue in the care for our communities.”

On Aug. 28, New York 28 issued the order requiring healthcare workers in hospitals and nursing homes to get at least their first vaccine shot by Sept. 27. On Tuesday, a federal judge in Utica temporarily blocked the state from forcing medical workers to be vaccinated, following a lawsuit by 17 healthcare workers, who contend that not allowing religious exemptions to the mandate violated their Constitutional rights.

The state has until Sept. 22 to respond, and if it opposes the plaintiffs’ request for a preliminary court order blocking the vaccine mandate, an oral hearing will take place on Sept. 28.

The Genesee County resolution stipulates that copies be sent to Hochul, Sullivan, State Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins, Assembly Minority Leader Will Barclay and Senate Minority Leader Rob Ortt.

In a related development, about two dozen people -- mostly healthcare workers -- gathered at the Main and Ellicott in downtown Batavia around 6 p.m. yesterday, holding signs stating "Coercion is Not Consent" and "If it's Forced, Are we Free?" and protesting what they proclaimed is a loss of freedom. The protesters found support for their cause by passers-by honking horns and giving thumbs up.

Brock Orion Doberstein, 28, of Cattaraugus, is charged with criminal mischief 2nd and petit larceny. Doberstein allegedly damaged a vehicle and stole its license plates on Aug. 14 while at Darien Lake. He was arraigned in Darien Town Court and released on his own recognizance.

Kyle Allen Hawley, 31, of East Main Street, Batavia, is charged with endangering the welfare of a child. At approximately 3:38 a.m., Aug. 26, while at a residence on Spring Street in Bergen, Hawley allegedly overdosed on a narcotic analgesic while in the presence of a child less than 17  years old.  Hawley was reportedly revived by medics with the use of Narcan and transported to a local hospital. He was released on an appearance ticket.