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The Town of Stafford Zoning Board of Appeals on Monday night tabled an application for a variance to the municipality’s solar ordinance from BW Solar on behalf of a Batavia Stafford Townline Road couple seeking to put a pair of 5-megawatt systems on their property.

Following a public hearing that turned into a “Q & A” with BW Solar Project Developer Dan Huntington, the ZBA voted unanimously to put the action on hold for 30 days. It made its decision at the request of Chair Michael Lathan, who said he had several questions for the town attorney.

Lathan said he expects the board to make a determination at its next meeting on April 18.

About 30 residents attended the hour and 45 minute session that became necessary since BW Solar’s site plan included setbacks (distances from residential and/or nonresidential property lines) that were less than stipulated in Stafford’s solar law.

The Woods own and operate a large farm (and also lease and farm adjoining land) and desire to use about 60 acres for the two side-by-side ground-mounted solar systems. One will cover 31.08 acres and the other will utilize 28.32 acres in a district near College Road zoned as Industrial Park, which the town has deemed appropriate for solar.

While the setbacks were the primary focus, town residents fired off queries on related subjects – most notably the Stafford solar ordinance, itself, as well as impacts to real property value, health, the environment and the rural nature of the town.

RESIDENT CITES SOLAR LAW

Diane Hawn, a Stafford resident for 24 years, read three times from the town’s ordinance on Solar Energy Facilities, asking if BW Solar has followed the letter of the law by establishing a $150,000 escrow account and maintaining umbrella insurance coverage of $10 million during the application process.

“If these haven’t been established, with that huge thing in 2018 (the drafting of the solar ordinance), how can this even be happening right now?” she asked.

Hawn went back and forth with Lathan and Huntington on whether these fees needed to be paid upfront, with the application fee, or if that was part of the next step in the process – after BW Solar was granted the variances it sought to proceed with the project.

Huntington, responding to a question about the escrow account, said he hasn’t encountered that in his other solar projects.

“A $150,000 escrow account controlled by the town, even in a decommissioning sense, has never been established where the town controls the escrow account,” he said. “I can’t say across New York State that’s not true, but in all of the projects that I’ve done … I’ve never seen something of that nature.”

Town Board member Ron Panek advised that the escrow account for solar mirrors the one set up for a Planned Unit Development (such as a senior housing complex or trailer park).

“Is it unusual?” he said. “No, it’s right in our other laws.”

IN DEFENSE OF SOLAR LAW

Panek said much effort and time (nearly two years) were put into the wording of the solar law, and, since then, the Town of Le Roy has used parts of the law and the Town of Alexander’s law “is word for word, identical (to Stafford’s).”

Hawn also quoted another section of the law where it states that Stafford’s Comprehensive Plan “desires to maintain the pastoral, rural nature of this region. An industrial solar energy facility is in conflict with the culture and character of the community.”

ZBA alternate member Tim Thomas noted that the Wood property is in an industrial zoned area.

“Somebody could come in and build a manufacturing facility,” he said. “There’s probably a variety of industrial-type complexes that could go there. So, I would just ask to keep that in mind as you’re looking at this. Solar complexes – solar farms – really don’t demand a lot of services in the town.”

Huntington has maintained all along – in dealings with the Genesee County Planning Board and Town of Stafford officials and attorney – that BW Solar has crafted a solar site plan that minimizes the negative effect on the couple of neighbors by moving it away from the road and placing the two systems next to each other to enable the Woods to farm more of their land.

“The Town Board can’t reasonably do all the work they have to do, if we can’t even decide where the footprint of this thing is going to lie,” he said.

“So, that’s why we’re at the variance part first – to determine you can build there, you can’t build there. Once we know that, then we can say, we’ll outline the footprint, if we have to alter these designs and resubmit them to the Town Board, and now we have a clear, defined footprint that we can review everything, without changes from there.”

CONCERN OVER REAL PROPERTY CLAUSE

The ZBA’s inability to grant a variance to the town’s solar ordinance real property value protection clause, as indicated by the town attorney, is cause for concern, Huntington acknowledged. The law states that the solar operator shall assure there will be no loss in property value for any property within 2,500 feet of the solar farm – a significant distance.

“To create some type of an agreement with every single one of those homeowners is something that I’ve never heard of in any project that I’ve been involved in in New York State,” he said. “On this specific project, there is actually only one homeowner that’s adjoining the property.”

He said having to enter into contracts with up to 100 property owners in that 2,500-foot radius “could quadruple the cost of the project,” adding that if it came down to that, BW Solar would be forced to “defend in court.”

Huntington said he “can sympathize” with the one resident next to the proposed solar farm (who was in attendance last night).

“He has a beautiful home across the street that does overlook a beautiful farm field – I can’t argue that fact,” he said. “I can sympathize with his concerns …

“The variances we are asking for to pull it away from the road on which he lives on – specifically the 200 feet down to zero and the eastern side, 200 feet to 100 feet, would actually bring the solar array away from the road in such a manner that would actually allow his view, at least 50 percent of it, to stay farm fields. If those variances aren’t granted, the only place we can bring the remainder of those panels, to follow the law, is up into that bend, which would eat up his entire view.”

He said he would work with the resident to ensure the screening was adequate, not only at the beginning of the project but down the road.

OTHER DISCUSSION TOPICS

Other points brought up during the meeting:

• On health hazards: Huntington said “studies have shown there are no health hazards associated with it when a solar farm is functioning properly, and maintained properly … and part of our duty is to make sure that a facility is operating at a high efficiency.” He added that a State Environmental Quality Review is required and BW Solar plans to notify agencies such as the Department of Environmental Conservation, Department of Transportation, Army Corps of Engineers and local governmental officials at the proper time.

• On employees needed to build and maintain the system: Huntington said it is likely that union electricians would be hired due to the high voltage and that he hoped that local residents would be hired for seasonal maintenance.

• On seeking tax abatements: Huntington said the company would seek a payment in lieu of taxes agreement with the Genesee County Economic Development Center. “It’s a pretty standard process for it, and it’s $6,000 per megawatt, which is split between the town, school district and county.”

INACCURACIES POINTED OUT

Lathan, at the outset, pointed out some inaccuracies in a notice placed in a local Pennysaver over the weekend – also calling out the person (or persons) responsible for the ad for not putting a name on it..

“We do not make amendments and we do not make laws,” he said. “We try to grant relief to residents on the law, that’s all we’re here to do.”

He also read where it said the request would be in “direct contradiction” to the Stafford zoning law.

“Almost every decision that that board makes is a contradiction to the zoning law," he said. "That’s why we try to grant relief.”

The ZBA chair also took exception to the notice’s charged that any change would show a “direct bias in favor of the company and a select few to benefit from this project.”

“I've had the privilege to be on this board for 14 years. We have never made a decision that was biased one way or the other. And I take offense to that, whoever put this in.”

Photo at top: Michael Lathan, left, ZBA chair, and Dan Huntington of BW Solar, talk following Monday night's public hearing. Photo at bottom: The session drew about 30 Stafford residents to the Town Hall. Photos by Mike Pettinella.

Previously: Planning board falls back on its purpose in decision to 'disapprove' Stafford solar project variance requests

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Batavia High School Principal Paul Kesler

 

Batavia High School seniors are on the right path, Principal Paul Kesler says.

Kesler added a number along with his comment: 96. After having a graduation rate of 85 percent in 2011, fluctuating from 89 to 94 percent through 2020, seniors are at a 96 percent graduation rate, Kesler said. The increased percentage is proof that career initiatives and student attitudes are pushing kids on to greater success, he said.

“It’s a testimony of the work done in K through 12,” he said during this week’s board meeting. “We’re finding the right pathways.”

Some of those pathways include  early college opportunities with Genesee Community College and now Daemen College, which is new this year. Daemen hosted a cartooning class free of charge, with the school district paying for supplies. Students became engaged in the class, and it was a success in providing other possible avenues for them to pursue, he said.

A Leave to Learn program exposes students to various career possibilities, such as first responder, manufacturing, counseling and educational occupations. 

“Students are going to be able to select one of six buses, and on that date they’re going to have an opportunity to be with an adult and have an awesome work session,” he said.

The past two years have not only been frustrating for most, but have introduced socialization issues to district leaders, Kesler said. 

“It has caused us to realize that, not only as a district but as a nation, some of the focus needs to be on helping students be able to interact … our mental health is really important,” he said.

A post-graduation program — a Cornell University boot camp offered in collaboration with Genesee County Economic Development Center — will be available to seniors after they graduate. The camp is three days a week of concentrations in manufacturing jobs, Kesler said. Other improved partnerships include local dairy companies for hands-on learning and training, he said.

“We’re seeing more engagement of students,” he said, compared to when kids were remote due to COVID-19. 

May 2 will be “Decision Day” for graduating seniors to have the spotlight to announce their choices of college or career options. Fellow district students will be on hand to cheer them on, he said.
 

Scott Rozanski was in the hot seat, so to speak, as he presented budget options during this week’s Batavia City Schools board meeting.

Rozanski, the district’s business administrator, reviewed ways to reduce expenses by $756,449 and get the 2022-23 budget to the state-mandated tax ca of 1.62 percent, or 31 cents more per thousand assessed valuations.  Otherwise, district voters would have to approve a budget with a super majority to allow a tax levy increase of more than 1.62 percent.

“(Superintendent Jason Smith) and I have identified some areas to get us to the tax cap,” Rozanski said during Thursday’s board meeting at Batavia High School. 

Rozanski presented a $55 million budget on Tuesday that included what was referred to as “wish list” items of nine new teacher positions, five school bus purchases, and replacing four retiring faculty members with new personnel. He and Superintendent Jason Smith agreed to draft a list of ideas to cut overall expenses, which were brought back to Thursday’s meeting.

Options included not replacing four retiring faculty members; phasing in the addition of teachers over a three-year grant of $5.8 million; and/or not buying the five buses and merging Jackson and John Kennedy school students to ride together on buses, and the same for high and middle school students. 

The busing option could mean a cut of $366,000 in expenses, but, per prior experience, it would create a delay for Jackson kids; they would get on the bus first before the John Kennedy pickup, he said.

There had been complaints about this system when implemented during the pandemic. Most students adapted in time, he said.

“The first two or three weeks the kids are getting used to the process,” Rozanski said. “After three weeks those kids are in a routine. We could take that out and take that reduction.”

Board President Alice Benedict recalled how the shared busing went.

“We had some really young kids on buses for a really long time,” she said. “Does it have to be five buses or nothing? Can we get one more bus?”

That’s possible, and would mean going back to the drawing board to configure bus routes, Rozanski said. 

Benedict wanted to remind all involved that “busing is not mandated.”

“This is a privilege to bus within city limits,” she said. 

As for bringing on nine more teachers, “the district would most likely apply for another grant to support” those positions in three years, she said. However, if that’s not an option, Smith and other administrators would have to review programs “and possibly eliminate the positions, or find other positions that could be reduced to make room for these employees and programs,” she said.

Benedict has previously asked about the ratio of teachers to students, and about enrollment trends. Smith suggested that a consultant may be helpful to advise the district about these particular issues during a future board meeting. 

The Batavian asked Benedict if those newly hired teachers stayed for three years, would they obtain tenure and therefore be permanent employees? Tenure is not an automatic process, she said.

“In three years, the principal (of the school that houses the grant program and employee) and the superintendent, along with the director of curriculum, will make a total review of the need of the position and the performance of the employee before making it a tenured position,” she said. “The board then receives the recommendation to discuss and vote on.”

Benedict asked the board a couple of times during the meeting if anyone had questions. No one responded. All board members will have a say, she said.

“Before anything is concluded, I will have conversations with everyone on the board,” Benedict said to The Batavian. “We have one month to ask as many questions as we need to so we can come to a consensus. It’s my goal every year to get the tax levy as low as it can be. We are still in the process of finalizing the budget.”

A final budget will be adopted before the budget presentation on May 5 and district vote on May 17. In addition to a 2022-23 budget, district residents will also be asked to vote for three school board candidates to replace Michelle Humes, John Marucci and Chezeray Rolle, whose terms expire this year. Board candidates have until April 27 to file petitions for election.

Top photo: Batavia City Schools Business Administrator Scott Rozanski; Batavia City Schools Board of Education President Alice Benedict and Superintendent Jason Smith. Photos by Howard Owens.

During Tech Wars at GCC on Thursday, The Batavian spoke with Chris Suozzi, VP of business and workforce development for GCEDC, about how companies that are opening new operations here -- such as La Fermière and PlugPower -- as well as those that are expanding.

With labor markets tight, Suozzi said the future workforce of Genesee County can be found at events like TechWars, among the kids being turned on to engineering and technology.

He pointed to the $700,000 mechatronics training equipment acquired by BOCES on display at TechWars as one of the ways Genesee County is leading the state in workforce development.

GLOW with Your Hands, he noted, has also been a huge success and is also setting the pace in New York for workforce development. 

This summer, GCEDC starts up the Cornell in High School Program, which will provide training and job experience to 40 high school seniors in dairy science and sanitation in a boot-camp format.

Also this summer, people 18-24 will be able to participate in a tech-job training program that includes 16 hours of free classroom training and a 24-hour paid internship, each week for six weeks, that will lead to a paid apprenticeship with a participating local company. 

Both Suozzi and Rich Monroe, who is leading the mechatronics program at BOCES, mentioned several students who have successfully completed workforce development programs.  One went from selling car parts at $12.50 an hour to an apprenticeship at Barilla Pasta at $15 an hour and in less than a year with the company is now making $28 an hour.  Another student went from working at a convenience store to a job at USG where he started at $22 an hour and is now making $25 an hour.

All with student debt, Suozzi noted.

"It’s not to just go get a job," Monroe said. "It’s to further their education and to get more skills and make them more viable in the workplace."

With notifications made to family members, the Sheriff's Office has released the names of two men stabbed to death on March 11 in a bunkhouse on a dairy farm in Alexander.

Their names are

Elibander Morales, 30.  He is also known as Elibander Morales Velazquez, Elibander Ivan Cruz, and Ivan Cruz.  

Marceleno Gomez Hernandez, 29. He is also known as Marcelino Gomez Hernandez.

Both were pronounced dead at the scene by a Genesee County Coroner.

Both were born in Mexico and had been employed and living in the U.S. for an unspecified period of time.

Taken into custody and charged with murder were  Raul Cruz, 18, of Warsaw, and Prince N.K. Wilson, 23, of Albion.

The men are accused of stabbing and killing two men at a dairy farm at 10216 Alexander Road, Alexander.

The investigation is ongoing.

A return of an air show to the Genesee County Airport?

In the eyes of Genesee County Highway Superintendent Tim Hens, the stars are aligned for the county to show off its renovated airport by hosting an air show – maybe as soon as the summer of 2023.

Hens, who is responsible for overseeing operations at the East Saile Drive facility, made the suggestion at Wednesday’s county legislature’s Public Service Committee meeting.

“There is interest in an air show,” he said, adding that the airport has been “completely redone,” including installation of water and sewer systems to accommodate such an event.  “It would be a showcase for the community.”

The last air show in Genesee County took place in 1998, Hens said, and was well-attended. Air shows in other communities, such as Geneseo, Niagara Falls and Rochester, continue to be successful.

Hens said the event can be a moneymaker for the county – namely through fuel sales and sales tax revenue from purchases at the show. He said he would be able to line up a promoter and performers as soon as the legislature grants its approval.

In other news involving the airport, the committee forwarded the following resolutions to the legislature meeting next week:

• Providing advance funding for a project to purchase snow removal equipment that is eligible for a $353,000 grant from the Aviation Capital Grant Program as part of the state’s AIR ’99 Program.

The county would receive reimbursement for that amount, but would be responsible for $39,250 of the expense, which would be paid out of the 1 percent sales tax fund.

Hens said he had been seeking funding for this venture from other sources and was “surprised” to learn that the county had received the grant. He said snow blowing equipment will be purchased since it’s more efficient using plows to clear the runways.

• Contracting with C&S Engineers Inc. of Syracuse for as-needed airport engineering, construction management and grant administration services from April 1, 2022 through March 31, 2027. Hens said the company is “highly rated” and has worked with the county for three decades.

It has got to stop!

That’s the message Genesee County legislators likely will be sending to Gov. Kathy Hochul and the state Assembly and Senate next week through a resolution that calls for Albany to end the practice of taking local sales tax revenue from communities and putting it into the state’s treasury.

The legislature’s Ways & Means Committee on Wednesday passed the measure – sending it to the full board for consideration at next Wednesday's meeting.

Genesee County is taking action in conjunction with a directive from the New York State Association of Counties for municipalities to make their voices heard.

“This has been proposed before, but I guess NYSAC is trying to hone in on the fact that they weren’t hearing enough from localities – that we weren’t making enough noise,” Ways & Means Chair Marianne Clattenburg said.

According to the resolution, since 2019, New York State has diverted more than $677 million in local sales taxes away from cities, towns and villages and into the state’s general fund.

It reads, in part, that “local sales tax revenue should stay in the community where it is collected.  It is time to return to responsible budgeting to keep local tax revenue in the communities where it can fund local programs such as parks, community colleges, meals for seniors, day care services, 9-1-1 programs, mental health and addiction services and other quality life programs.”

The resolution calls for this practice “to expire permanently at the end of this fiscal year as originally intended.”

In other action, the committee approved:

• Appointments of C. Joseph Mahler and Thomas Clark, both of Batavia, and Peter Stanbridge of Bethany, to three-year terms on the Genesee County Parks, Recreation and Forestry Advisory Committee.

• A contract not to exceed $213,268 with U&S Services of Tonawanda for a countywide heating, ventilation and air conditioning control system upgrade. The amount is slightly less than the $225,000 that has been budgeted for this project.

• Two resolutions pertaining to the replacement of the South Street culvert over a drainage ditch in the Village of Le Roy. The first to establish the capital project, which will be covered by state aid of $757,410 and the second is to contract with Lu Engineers of Rochester for consulting and design services at a cost not to exceed $174,000, which is part of the state’s contribution.

It has been a nearly two-month hiatus for Jennifer Gray’s newly named restaurant just over the Batavia border, and she’s not alone in waiting for it to be re-opened.

Gray has been posting updates on social media about The Tiny Piney on Main Road, Stafford, with as many as 2,000 anxious viewers.

“A lot of people follow it,” she said to The Batavian Thursday. “It’s just a weird little bar that people go to, a nice little quiesce place. I’m hoping to open next week, as soon as I get the license in the mail.”

Gray had purchased the bar and grill, formerly known as Pine Grove Inn, in March 2021. A temporary liquor license came along with that until New York State Liquor Authority informed Gray that there were “a couple of pieces of missing paperwork.” She had to shut down the place until the new license was processed and sent to her.

She posted a “temporarily closed” sign on Feb. 3 this year, and has anxiously been waiting for the permanent license. There was a mix-up in the Tiny Piney’s address, which is physically situated in Stafford but has a mailing address of East Main Street, Batavia, she said. She was told that the license was sent out this past Monday, and she is expecting to get it any day now. 

Gray has been making some aesthetic changes, with tropical colors and decor. For those former customers concerned with the decades-old ceiling memorabilia of hand-written messages, that’s not going anywhere, she said. 

She has two people helping to form volleyball leagues and a drop-in King’s Court, which is to get going by May. Two new volleyball courts have been carved out of the backyard and filled with sand. Outdoor lighting will ensure nighttime play.

Part of the bar’s new name hints at its size: “it’s tiny” Gray said, and accommodates 35 people. However, the large back deck accommodates the same amount of patrons and doubles the total capacity. 

The menu has been slightly shifted to include more fresh — versus frozen — foods, and Gray’s certified Angus beef hamburgers are her jam. Well, those and her freshly created margaritas and the Tiny Piney punch — a coconut-flavored concoction with rum and vodka.  

Jennifer is not a new face in town, as she has helped out husband Matt when needed at their restaurant, Alex’s Place, worked for a couple of years at Genesee Orthopaedics and Sports Medicine, and has filled in for temporary leadership gaps at GO-ART! and United Way. When COVID-19 hit, she resigned from the orthopedic firm, and her most recent role has been as a busy hockey mom of two children. 

Now she has found her “vibe” at the tiny pub at 5609 Main Road. 

“It’s just a chill place,” she said.

For more information about volleyball leagues, call (585) 201-7283. For re-opening updates, go to https://m.facebook.com/The-Tiny-Piney-126142346292656/?ref=py_c 

Images of the pub's new logo and a burger creation are from Jennifer Gray.

Press release:

On Thursday, March 17, 2022, at approximately 6:38 p.m., State Police responded to a report of a serious injury crash on I-90 westbound in the town of Batavia, Genesee County.

The crash occurred in the area of mile marker 389.7, between the Le Roy and Batavia exits.  

A preliminary investigation determined the crash involved a tractor-trailer and an SUV.  As a result of the collision, the SUV became fully engulfed in flames.  One individual was flown to the hospital by Medicac with life-threatening injuries and two others were transported by ambulance for serious injuries. 

All westbound lanes are currently closed.  Traffic is being diverted at exit 47 (Le Roy) until accident reconstruction has been completed.  

More information will be released when it becomes available.  

Photos by Alecia Kaus/Video News Service

Genesee County sales tax revenue is trending in the right direction, County Treasurer Scott German said on Wednesday afternoon.

“Sales tax revenue is doing well,” said German, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse.

Supported by Excel spreadsheets showing fund balances and tax revenues over the past 15 years or more, German reported that sales tax revenues in 2021 totaled $48.95 million, an increase of approximately 19 percent from the previous year.

As for the first quarter of 2022, sales tax revenues are up by 31 percent from the same time period in 2021.

“Much of that can be attributed to the increased gas prices,” German said, noting that sales tax on gasoline accounts for about 18 percent of the county’s sales tax revenue. It also must be noted that sales tax revenue was down in 2020 and 2021 due to the effects of the COVID-19 pandemic.

The county shared $6,852,960.75 (14 percent) of its sales tax received with the City of Batavia and $5 million – as a voluntary revenue distribution – with the towns and villages last year, as well as an additional $5 million in sales tax to the towns and villages.

Bed tax revenues (from hotel stays) rebounded from the COVID-19 ravaged 2020, German said, increasing from $180,000 to almost $400,000. Three-fourths of that amount was allocated to the Genesee County Chamber of Commerce.

Mortgage tax revenue also increased by 38 percent from 2020 to 2021, he reported.

German said key points of his financial outlook are as follows:

• As part of the $70 million jail borrowing, the County maintained a bond rating of AA- with a stable outlook from S&P Rating Agency.

However, he noted, the rating could have been higher if not for the county’s low per capita income level.

• The county’s self-insurance (medical) reserve has grown for two straight years, increasing by $385,498 in 2021 to a total of $1.8 million.

• The county received approximately $5.5 million in American Rescue Plan Act funding in 2021 and another $5.5 million payment is scheduled for 2022.

Looking at the county’s fund balances, German said the general fund balance of $16.9 million represents 14 percent – “a good number,” he said – of 2021’s budgeted expense.

Other fund balances, such as self-insurance ($1.8 million), county road ($385,000), road machinery ($574,000) and water fund ($4.2 million), are adequate, he said.

On the real property tax side, Director Kevin Andrews said sales of property has increased by 11 percent in 2021 – up from 6 percent the previous year.

Andrews said the county supported reassessment projects in the City of Batavia and the Towns of Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Oakfield, Pembroke, and Stafford for the 2021 assessment rolls.                                       

The Batavia Town Board on Wednesday night set a public hearing for 7 p.m. April 20 on Local Law No. 2 of 2022 – a provision entitled, “A Local Law to Amend the Town of Batavia Zoning Ordinance for Solar Energy Systems.”

The public hearing, which will take place at the Town Hall at 3833 West Main St. Rd., comes on the heels of several months of work by a committee charged with revising the ordinance on the installation of solar systems.

CLICK HERE to access a final draft of the updated solar law.

Supervisor Gregory Post thanked Town Council member Chad Zambito, committee chair, for the group’s efforts, with Zambito acknowledging the input of Building Inspector Dan Lang in the process.

In other action, the board passed resolutions to:

• Adopt Local Law No. 1 of 2022 which changes the zoning in a portion of the Genesee Valley Agri-Business Park on East Main Street Road from Commercial to Industrial Park. This action means that all of the park is now zoned appropriately as an IP District.

• Change a work order between Concrete Applied Technologies Corp. to included a $123,576.60 charge for the installation of a new, 12-inch watermain under Lewiston Road (Route 63) in an existing pipe as part of the Park Road Reconstruction Project.

CATCO is the general contract for the project on 1.2 miles of Park Road between Route 63 and Route 98.

Additionally, the board approved a contract for $55,000 for Ravi Engineering and Land Surveying to provide inspection services for the installation of watermain on Park Road, which also is part of the major project.

• Appoint -- as reported first on The Batavian -- Raymond Tourt as highway superintendent, effective April 4 through the end of the year. His pay for the part-time, salaried position has been set at the pro-rated amount of $15,076.

Tourt, who has announced his retirement at the City of Batavia’s maintenance superintendent, moved into the elected position following the resignation of Thomas Lichtenthal, whose term expires on Dec. 31, 2025.

Universal Pre-Kindergarten to accommodate more than 100 children for the 2022-23 school year is on the table for consideration at Batavia City Schools.

A recommendation by Molly Corey is on the school board’s agenda for this week’s meeting. It’s set for 6 p.m. Thursday at Batavia High School, Superintendent's Conference Room, 260 State St.

Corey, the district’s executive director of curriculum and instruction, has proposed UPK sites at Imagination Station and GLOW YMCA, in addition to Jackson Primary School, in order to accommodate 112 students. The expected price tag is $672,719, to be paid with federal UPK grant funding, Corey said in a memo to the superintendent. 

In other meeting items, the board is expected to vote on a proposal from Johnson Controls of Rochester for an energy performance contract. Promising a “positive cash flow” from state rebates and energy savings, the contract is for $2,357,531, to be paid off over the course of nearly 18 years at 2.75 percent interest. 

If approved, construction would begin in September of this year with a completion date of August 2023. 

Other votes and discussions include:

• The 2022-23 preliminary $55 million budget, which includes a 1.62 percent tax levy increase. The board had its first budget workshop on Tuesday of this week to discuss a financial plan that left a gap of $315,716 to be paid for by taxpayers.
• Setting the official registration, voting, and public hearing dates for the 2022-23 budget.
• Revising the description of a school social worker to replace an itinerant social worker.
• Approval of several personnel appointments and resignations.
• A shared services agreement between Batavia City School District and the Town of Batavia for shared services and equipment use for a five-year term.
• The purchase of sensory room equipment for Jackson Primary and John Kennedy Intermediate from Fun & Function and School Specialty for $22,031.99.

The meeting includes time for public comments and an executive session to discuss a resolution to “assert paid leave for an employee until further notice,” followed by the vote in open session. 

To view the meeting, go to: https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

More than anything else, Batavia businessman Roger Christiano wants people to know that the “quaint, authentic atmosphere” that defines O’Lacy’s Irish Pub will continue when he assumes ownership of the establishment at 5 School St.

“We won’t be changing anything, but actually will make things better with some new menu items and sprucing the place up a bit,” Christiano said this morning. “Everything that Kent Ewell has done for 25 years, I promised to retain.”

Christiano and Ewell have agreed to terms for the former to purchase O’Lacy’s, which was founded on April 15, 1997, and has been a popular bar/restaurant ever since.

He said his plans are to paint the interior, sand the floor and put in new furniture.

“The only thing I'm going to do is take all the stuff off the walls and when we’re done, all of Kent’s Irish artifacts are going back up,” he said.

On Monday night, the Batavia City Council found no reason to not accept a liquor license application from Christiano.

For his part, Ewell informed the public that O’Lacy’s is gearing up for St. Patrick’s Day on Thursday and for its 25th anniversary celebration next month.

Ewell, via social media, sent a message to “our wonderful, loyal patrons:"

By now you probably have seen or heard that O’Lacy’s Irish Pub will be sold in the near future. However, several contingencies must be met, one being a liquor license which can take 60-90 days or more (for issuance by the New York State Liquor Authority).

As we celebrate our 25^th year in business, one of the most important things to us is maintain the quaint, authentic atmosphere we have here at O’Lacy’s Irish Pub. We promise as we near completion of the sale, we will keep everyone informed. Until then, it is business as usual as we celebrate St. Patrick’s Day and many upcoming 25^th anniversary festivities! Come celebrate with us at O’Lacy’s!

We thank you very much for all your support and understanding.

Sláinte! (Health, an Irish drinking toast).

Christiano said he has been a customer of O’Lacy’s since it opened.

“I like the place and I have a good crew that’s going to run it for me,” he said. “My son-in-law (Michael O’Donnell) is going to be included and our two employees that have been long-standing employees at O’Lacy’s.”

A former owner of a Verizon Wireless store, rental houses/apartments and self-storage units in the Geneseo and Leicester areas, Christiano, 74, now is devoting his attention to the bar/restaurant business. He owns Rookies Sports Bar & Grill in Rochester and Knuckles Knockout Grill in Chili and is close to buying another sports bar near Tinseltown in Gates.

“I just wanted to try something different … so I told my wife (Sharon) that I’d like to buy a sports bar,” he said, referring to the purchase of Rookies in 2019. He bought Knuckles last year.

He said COVID-19 put a major stress upon his businesses.

“I bought this big place (Rookies) and then the pandemic hit. If I didn’t have all my business expertise, I don’t know if we would have made it,” he said. “It was tough getting through – being closed for three months, but fortunately Rookies had a huge takeout business.”

Press release:

Governor Kathy Hochul today announced that La Fermière, a family-owned French yogurt and desserts company, will establish its U.S. production operations in New York State. The company has committed to constructing a 45,000 square-foot yogurt and dairy desserts production facility at Genesee Valley Agri-Business Park in Batavia, with plans for future, additional expansion. As a result, La Fermière, expects to create up to 135 New Jobs in the region. Additionally, the company will utilize millions of pounds of milk provided by New York dairy farmers to create its globally renowned dairy products. Agribusiness is a core pillar of the locally designed Finger Lakes Forward plan, a comprehensive plan that is working to revitalize and grow the regional economy.

"We’re proud to welcome La Fermière to Genesee County, bringing jobs and opportunity to the Finger Lakes region,” Governor Hochul said. “This investment shows that our bold economic recovery plan for the Finger Lakes is working, attracting new businesses and helping communities across the region grow and thrive."

Empire State Development is assisting this project with up to $1.35 million​ in performance-based Excelsior Jobs Tax Credits in exchange for job creation commitments. Genesee County, Greater Rochester Enterprise, and Invest Buffalo Niagara are providing support for the company’s growth in New York State. The total project cost has been placed at $25.8 million dollars. The company expects to be operational at the site by November of 2023.

Located in the Town of Batavia, Genesee County, the Genesee Valley Agri-Business Park was developed as the largest food and beverage greenfield in the northeastern U.S. to connect the region’s agricultural production, talent and transportation networks. The 250-acre Ag Park and the surrounding area has become the Dairy Processing Hub of the Northeast, with more than 1 million square-feet of operations and approximately 1,000 workers employed across multiple production and supply chain companies.

Founded in Marseille, France in 1952, the company was purchased by Groupe Tarpinian in 2002. In the mid to late 2010s, La Fermière began working with a New York state-based co-packer in an effort to bring its sustainably packaged French yogurt to the U.S. market. The company had considered site locations throughout the country for its state-of-the-art manufacturing facility but selected New York, thanks to the focused support from both the State and its regional economic development partners. 

La Fermière President and CEO Jean-Jacques Tarpinian, said, “We are very excited to launch this project of building our very first yogurt and dessert production facility in Batavia, New York. The great support of the state and GCEDC team really helped us in our decision. The Batavia site meets our main requirements for success: quality milk and large cream supply, logistics hub and workforce availability. Being close to local farmers, at the heart of milk production, was key for us, as we will use up to 6 million gallons of milk every year. Our five-year presence in the U.S. market expanded beyond our expectations. This state-of-the-art facility will help us achieve our very ambitious goal in the U.S. market, which offers large opportunities by manufacturing the best all natural yogurts and desserts, with innovative recipes and process.” 

Empire State Development Acting Commissioner and President & CEO-designate Hope Knight said, “La Fermière’s new plant in Batavia will boost farmers, add great-paying local jobs that will support the dairy industry’s continued growth and success, and further strengthen the region’s agricultural base. The company’s decision to establish its production facility here is further proof that New York State is an agribusiness leader.”

Steven G. Hyde, President and Chief Executive Officer for Genesee County Economic Development Center said, “La Fermière’s decision to locate their U.S. operations in Genesee County demonstrates that investing in shovel-ready sites like the Genesee Valley Agribusiness Park draws great companies to New York. We are excited to work with La Fermière to see this project to succeed as we continue to grow our food and beverage-manufacturing workforce. Thanks to Governor Hochul’s leadership, businesses are finding the right sites and ready communities in New York for their growth.” 

State Agriculture Commissioner Richard A. Ball said, “We are proud to welcome La Fermière to New York State as they expand their business in Genesee County, a major win for dairy in New York State. By choosing New York, La Fermière has highlighted the strength and diversity of our state’s dairy industry, which continues to attract new businesses and produce delicious, world-class dairy products for all to enjoy. Having La Fermière’s U.S. production facility located in New York will create new jobs and increase demand for New York dairy farmers’ milk, which is certainly a win-win for our dairy farmers and our communities. We look forward to partnering with La Fermière as they put down roots here and look forward to the continued success and expansion of the Genesee Valley Agribusiness Park.” 

Senator Edward A. Rath III said, "Creating jobs in our community is critical.  Our economy has struggled during the pandemic, creating new opportunities will help with revitalization. I commend La Fermière for bringing their production to Genesee County and I congratulate Batavia on this great opportunity." 

Assemblyman Stephen Hawley said, “The arrival of La Fermière into the Genesee Valley Agri-Business Park in Batavia is another sign that our region is truly a burgeoning agri-business hotspot within New York State. The Genesee Valley Agri-Business Park’s ability to enable manufacturers to make use of our high quality, local dairy has helped springboard our rural economy into the next generation, getting more of our farmer’s product into grocery stores nationwide and providing jobs to our highly skilled workforce. It’s been an incredible asset to the development of our rural economy, and its success is a testament to the quality of what our farmers are able to offer to companies seeking to produce specialty products at a massive scale.”

Genesee County Legislature Chair Shelley Stein said, “Thank you to Governor Hochul for guiding La Fermière to Genesee County and building another opportunity for great careers for our youth. La Fermière and recent investments by O-AT-KA Milk Products, Dairy Farmers of America, HP Hood, Upstate Niagara Cooperative, and Yancey’s Fancy show that Genesee County is the ideal place for dairy processing growth. These investments have a tremendous positive impact for our farm families, highly skilled and dedicated farmworkers, robust agricultural economy, and welcoming communities.”

Town Supervisor Greg Post said, “The Town of Batavia is pleased to welcome another investment into our agri-business economy. La Fermiere’s high-quality products and operations are a great fit with our community’s hub of dairy processing, robust workforce training, and commitment to supporting business growth.” 

Finger Lakes Regional Economic Development Council Co-Chair​s Bob Duffy, President and CEO, Greater Rochester Chamber of Commerce, and Denise Battles, President SUNY Geneseo said, “The dairy industry is a major driver of the local economy. This is tremendous news for Genesee County and for the region as a whole. We want to thank La Fermière for choosing to make this significant investment at the thriving Ag-Park as this project will create solid employment opportunities and, at the same time, support the robust dairy farming industry that is available throughout the Finger Lakes region.”

A two-hour budget presentation that meant plenty of numbers, percentages and calculations for Batavia City Schools board Tuesday left board President Alice Benedict unsure it added up to a yes vote. 

Given a proposed tax levy increase of $315,716, or 1.62 percent, and uncertain enrollment projections, Benedict mused if an increase was really necessary.

“I’m wondering if our numbers are down, why are we adding more?” she said during the board’s first 2022-23 budget workshop in the district office conference room. “Once we get (additional teachers) into the district … are we at the right levels that we should be, enrollment versus teachers?”

Business Administrator Scott Rozanski had been laying out the $55 million budget for about 90 minutes, complete with a proposed $1.2 million increase in salaries for teachers, administrators and support staff. The increase supports new assistant principal and community schools coordinator salaries plus nine additional teachers. 

Benedict referred to a former board meeting guest who reviewed a report that included district enrollment projections. Although it wasn’t all bad news, the data told “a bitter tale,” consultant Paul Seversky had said. 

Genesee County births are still taking place, though at low numbers, more kids transferred to a private school — 174 in 2021 versus 137 in 2020 — and one out of 10 students leave the district within the school year, he said.

Increased expenses of nearly $3 million include additional personnel and bumping up bus purchases from 15 to 21 as a “worst-case scenario,” Rozanski said, as there has been a hike in numbers due to “foster care needing services.” 

This overall 1.62 percent tax levy increase would be within the state-mandated tax cap, he said. It translates to a tax rate increase of 31-cents per thousand assessed valuation, or an extra $27.90 for a home assessed at $90,000.

Benedict asked if the district buses 100 percent of its students now.

“No, we bus about 50 to 55 percent now,” he said. “We tentatively could bus 100 percent if we tier (the bus runs and students). We don’t have to transport everyone per State Education Department guidelines; for a small city school, it’s not mandated.”

He presented some of the district’s history and emphasized that remaining within the tax cap has saved taxpayers a cumulative $29.7 million over the last decade.

“Are you trying to convince me?” Benedict said, as Rozanski quickly replied: “No, I’’m not trying to convince you … it all plays into the big picture.”

“This tax levy increase is a wish list, and we as a board can say we don’t want any increase whatsoever,” she said. “I just don’t want to get to a point where we have more staffing than we need.”

Superintendent Jason Smith said that he and Rozanski have “identified some areas for reductions” and will provide them per the board’s directives. This is a preliminary budget and may be revised before a public vote in May. 

To view the session, go to:
https://www.youtube.com/watch?v=OmA08cTXyv4

 

Mercy Flight transported a farmer worker to ECMC this morning after he was trampled by cows that were being inseminated on a farm at 8569 Oatka Trail Road.

His condition is guarded.

Le Roy Fire with UTV 61 and Le Roy Ambulance responded to the scene shortly before 10 a.m.

The man was unconscious when were dispatched to the scene.

His name has not been released. 

Information and photo provided by Le Roy Fire.

Taking the lead from Chairperson Kathleen Jasinski, the Batavia Town Planning Board tonight set a public hearing for April 19 to consider a special use permit for the drive-thru lanes of Benderson Development’s proposal to place two restaurants on the parking lot of the former Kmart off Lewiston and Park roads.

“This is exciting to all of us,” Jasinski said about the Buffalo-based developer’s plan to construct a 4,000-square-foot restaurant with a drive-thru and bypass lane at one end of the parking lot and a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop and drive-thru at the other end.

Jasinski then turned the floor over to James Boglioli of Buffalo, an attorney for Benderson and a right-to-build director for the Northeast United States.

Boglioli said that a tenant has signed a lease for the endcap coffee shop and another business is close to signing a lease for the smaller restaurant.

He reported that Benderson plans to pave the parking lot, put in new striping for the parking spaces, improve the stormwater system and add much-needed green space to the lot.

“There will be significant improvement to the site … it will be much more attractive,” he said.

When Jasinski mentioned that “it sounds like you know who’s going in there,” Boglioli said he does know, “but if I say it, then I’ll get in trouble when I get back (home).”

He did say that the businesses will operate seven days a week (which eliminates Chick-Fil-A from the discussion), primarily during breakfast and lunch hours.

Boglioli said he foresees no issues with vehicles stacking out of the parking lot and onto either Lewiston or Park, and doesn’t expect any problems with overflow parking from Batavia Downs Gaming since there are plenty of spaces on the lot.

As far as the Kmart building which has been vacant for three years, he said Benderson is “marketing the building all over the country.”

“We’re not going to get that size retailer coming in; it will be different in the future … and will be consistent with the parking,” he said, prompting comments from planning board members that the large Kmart building could be subdivided into several businesses.

The board declared itself as the lead agency for the project and set the public hearing for April 19. Boglioli was asked to come back at that time to provide further information, such as traffic flow studies and signage needs.

In other developments, Town Building Inspector Dan Lang reported the following:

• O-At-Ka Milk Products will present its plan, also on April 19, for a 3,200-square-foot addition at its Cedar Street location.

• The Batavia Town Board on Wednesday will vote on a rezoning request to change a segment of the Genesee Valley Agri-Business Park on East Main Street Road from Commercial to Industrial Park – making the entire park an IP district.

• The Town Board supports Genesee County Planning Board’s plan to eliminate smaller projects from its jurisdiction, handing them back to the local municipalities.  “We’ve been seeking autonomy for years,” Lang said.

• The trees of many solar farms in the Town of Batavia are dying off, leaving them without the proper screening as stipulated in the solar ordinance. Lang said solar companies are being contacted to correct the situation and, for the most part, are being responsive.

Previously: Planners on board with Kmart parking lot project; still no word on what businesses will occupy the space

Previously: Developer proposes retail/restaurant businesses on former Kmart property along Lewiston Road

A new VA Medical Center building in Batavia is among the many recommendations made by the U.S. Department of Veterans Affairs in a report released on Monday to a federal legislature-backed Asset and Infrastructure Review Commission.

The Batavia hospital (photo above) is part of the department’s VISN O2, which lists seven regions – Eastern, Central, Western, Finger Lakes, Long Island, Metro New York and New Jersey. Batavia and the Buffalo VA Medical Center comprise the Western region.

The report calls for tearing down the medical centers in both Batavia and Buffalo and building new ones to meet veterans’ health care needs in a changing market.

When considering the Batavia VAMC, it recommends modernizing and realigning the Richmond Avenue facility by modernizing the outpatient space.

From the report:

“The Batavia VAMC was built in 1932, with FCA (Facility Condition Assessment) deficiencies totaling approximately $31.8M and annual operations and maintenance costs totaling an estimated $4.1M. In FY 2019, there were 54,134 enrollees within 60 minutes of the Batavia VAMC.

“The primary care and specialty care clinic at the Batavia VAMC is space-constrained and not designed to support patient-aligned care teams (PACTs); the current infrastructure and layout do not meet modern health care standards. As outpatient service demand is projected to increase across the market, the existing facility is inadequate to meet demand and insufficient to support functional space requirements.

“The Batavia VAMC has 12.0 acres available for additional development. Relocating and expanding outpatient services to a purpose-built, rightsized facility on the Batavia VAMC campus will meet the growing needs of the Veteran population.”

An overview of the Batavia VAMC operation shows that it has 80 Community Living Center beds and 32 Residential Rehabilitation Treatment Program beds.

The report indicates that the Western market had 40,444 enrollees in fiscal year 2019, but is projected to see a 15.8 percent decrease in enrolled veterans by fiscal year 2029. The largest enrollee populations are in the counties of Erie, Niagara, and Cattaraugus.

Furthermore, demand for inpatient medical and surgical services is expected to decrease by 13,9 percent and the demand for inpatient mental health services is projected to decrease by 11.0% between FY 2019 and FY 2029.

As a result, recommendations to reduce the RRTP capacity in Batavia from 32 to 28 beds “will better address current and projected demand.”

A story in The Buffalo News on Monday provided details about the recommendations for the Buffalo VAMC, with VA Secretary Denis McDonough stating that a new facility is warranted “because the current hospital is dated and because the population of veterans in the area is projected to remain high.”

The story noted that the VA proposes building a $1 billion hospital in Buffalo to replace the current facility on Bailey Avenue that opened in 1949 because it “is too big, too old and poorly located.”

Per the VA report, "Relocating the Buffalo VAMC near or in the Buffalo Niagara Medical Campus will enhance innovation, collaborative care, research and educational opportunities with local community institutions, including with VA’s academic affiliate, the State University of New York (SUNY) at Buffalo."

The Buffalo News story also indicated that the Batavia hospital would become "a hub for the treatment of post-traumatic stress disorder."

It seems as though fire truck No. 12 is the “little engine that can’t” – for very much longer.

City of Batavia Manager Rachael Tabelski reported at Monday night’s City Council Business Meeting that the city fire department’s Engine 12 (photo above) is 20 years old and is just about ready to be retired from service.

“We have in our capital plan a fire truck replacement for Engine 12 and we are looking at getting grant funding from CDBG (Community Development Block Grant),” Tabelski said. “And before we submit a full application, they ask that municipalities go through a pre-application process.

“It’s a 2002 (model) that we will be replacing and the estimated cost is 700,000 dollars.”

From there, she turned it over to Interim Fire Chief Dan Herberger, who provided more details about Engine 12, including its shortcomings in the area of technology.

“We’re looking at replacing it with something very similar to our frontline engine, which is Engine 11,” he said. “It’s a rescue, fire engine-type style; basically, think of it as a fire engine with rescue capabilities.”

Herberger explained that the department operates with two main pieces of apparatus – one for the on-duty staff, “so we basically have to take everything with us, all the time.”

He said Engine 12 doesn’t have the safety features that come with today’s fire trucks, such as lighting and the ability to hook generators to the trucks. He also said the current vehicle has signs of rust.

“Right now, we’re in the design phase – looking at various vehicles from around the region to see what best fits our needs,” he said.

Tabelski, answering a question from City Council President Eugene Jankowski Jr., said she is hoping to receive $200,000 from the grant. Coupled with $400,000 that is in reserves, the city would be close to covering the full cost of the new truck – likely in 2023-24.

Herberger said there would be little trade-in value for Engine 12, noting that it would be 22 years old by the time a new truck was delivered to the city.

He said he remembers the sale of an old ladder truck to a tree trimming company in North Carolina but the monetary return “really didn’t offset anything too much.”

When asked if the cost of the new truck was a bottom line price, Herberger said the department may have to purchase “a few miscellaneous pieces of equipment for it.”

“In the past years, we’ve really tried to standardize all of our vehicles, so hose complement, rescue tools and hand tools, they’re pretty much the same throughout everything, so that bottom line price would be with equipment,” he said.