Press release:

Congressman Chris Collins (NY-27) pushed the Main Street Revival Act (H.R. 952) in Batavia today. The bipartisan legislation will help promote economic growth and fill vacancies along America’s main streets. Collins is the lead Republican cosponsor of the legislation in the House.

“If Washington is serious about getting our economy back on track, we need to get serious about supporting American small business,” Collins said. “Encouraging and incentivizing new small businesses, particularly in struggling areas, will be critical to rebuilding our economy and this legislation does just that.”

The Main Street Revival Act would allow a small business to defer payment of payroll taxes for one year after it hires its first employee. The taxes will be paid back in equal installments over the subsequent four years. The deferment would hopefully provide meaningful relief to a new small business, or one which is just at the beginning stages of growth, which is traditionally a hard time for my small business owners.

“The ability to defer payroll taxes for one year may be just enough of a break to help a new small business owner hire one more person or purchase a new piece of equipment,” said Collins. “This legislation represents the practical, commonsense solutions Washington needs to take to nurture small business development, create jobs, and spur real economic development in our communities.”

To encourage growth in hard-hit areas, the legislation provides the tax deferral incentive to businesses located in a Historically Underutilized Business Zone (HUBZones) as defined by the Small Business Administration. In NY-27, sections of Batavia, Depew, Lancaster, Lockport, Medina, and Livingston County are designated as HUBZones.

The bill is also limited to true small businesses, those which expect to hire no more than 25 people during the year period for which payroll taxes can be deferred. Lastly, the H.R. 952 makes clear that nothing in the bill will reduce the Social Security or Medicare trust funds.

Collins was joined by Genesee County Chamber of Commerce President Lynn Freeman who praised the legislation.

Collins is partnering with Congressman Eric Swalwell, Democrat of California, on the legislation. “Good ideas that help our small businesses know no political party,” Swalwell said. “I welcome Rep. Collins of New York as the lead Republican cosponsor of the Main Street Revival Act. This bill was inspired by walking the Main Streets of my district and talking with business owners – Republicans and Democrats – about ways the federal government can help them get off the ground, hire employees and succeed. This is sensible legislation to speed up local economic development in the neighborhoods that need it most.”

After the Genesee County Economic Development Center meeting yesterday evening, I had two choices: Go home and write some stories that I gathered information on during the day, or take advantage of a great spring day and drive around and take some pictures.

I chose pictures taking. I would have time, I reasoned, to write later in the evening.

Near the end of my loop through Le Roy, Pavilion, Bethany and Batavia, I stopped by a friend's house for a chat. Near the end of my visit, Billie called and told me about the teen in the gorge at Indian Falls.

So rather, than writing my stories last night and posting these pictures last night, I spent four hours on the Indian Falls story. 

Here's the photos from yesterday evening and those stories I need to write are coming.

The barn above is on Main Road in Stafford. Two more shots of it below.

Route 19, Town of Le Roy.

Cook Road and Route 20, Pavilion.

Transit Road and Ellicott Street Road, Bethany.

Two East Pembroke volunteer firefighters risked their lives Thursday night to rescue a 17-year-old boy from East Seneca who fell from a cliff face at Indian Falls.

The youth landed on a rock ledge 10 feet above the water's surface and was stuck and hurting.

With the Tonawanda River swollen with springtime runoff the water was deep and moving fast.

Don Newton, East Pembroke's chief, and Stephen Smelski, an assistant chief, and both members of the department's water rescue team, acted quickly to reach the teen.

"We were fighting the water the whole way to just even get to him," Smelski said. "The undertow in that area is tremendous. We had to fight just to get to the area where we could get to him and talk with him."

When Newton and Smelski got close to the boy they could see his legs were shaking from exposure to the cold water.

"We didn't know how much longer he could hold on," Smelski said.

Ideally, the rescue should have been a four-man operation, but Newton and Smelski decided there was no time to wait for additional rescuers to enter the water.

"Don made decision to swim to him," Smelski added. "He had one path to him. One chance to make it. He pushed off. I pushed off with him. He was able to swim to the rock ledge to get to the patient and I stayed back in case he lost it or if the patient were to come out of his arms, then I could catch him and bring him back."

Newton told the boy the he would need to make his own way from the 10-foot high ledge he was on down to a second ledge, and from there, slide down into Newton's arms and relax.

"I told him that with the swiftness of the water, if he struggled with me, we would both be dead," Newton said. "At that point, I've got to have all the control of him and my line tender has got to have control of me."

Both Newton and Smelski praised the work of the rope team, who helped keep the two rescuers safe and then safely pulled the teen to safety.

In all, more than 60 emergency responders, including other volunteers, assisted in the rescue of Matthew J. Kwiatkowski, of Pinewood Drive, East Senaca.

It was a major operation, said Bill Schutt, a coordinator with Emergency Management, because the high water and swift current of the Tonawanda this time of year.

Kwiatkowski suffered as yet undetermined injuries and was flown by Mercy Flight to ECMC.

He was at the Falls with friends Brandon T. Briley, 18, of Center Road, West Seneca, William D. Fowler, 18, of Pheasant Lane, Cheektowaga, and Adam Hawco, 17, of Center Road, West Seneca.

The four other youths were able to climb to safety after the accident.

Charges may be pending against one or more of the individuals.

Schutt said the youth's adventure tied up a lot of the county's resources for about two hours and put other people's lives at risk.

"It's extremely dangerous," Schutt said. "It looks like it's fun and it's fun when everything goes well. When something goes bad then obviously it's not fun, but it puts everybody at risk."

Responding to the scene were the Sheriff's Office, Emergency Management, Indian Falls, Pembroke, East Pembroke and Alabama fire departments. Alden's rescue team and Mercy EMS also assisted at the scene.

A man complains of back pain after falling on the north side of the Indian Falls behind the Log Cabin Restaurant on Gilmore Road. He is said to be "struggling a bit" in the water, according to the caller, and fell at the bottom of the falls. Pembroke and Indian Falls fire departments are responding and Mercy Flight is on standby.

UPDATE 8:39 p.m.: A rope rescue extrication team is called in. A responder on scene says it looks like a male and a female are in need of rescue. They are "in the middle of the flow" and it is pretty heavy. The extrication process is expected to be lengthy. Extrication will be made from the southside, where the creek water is moving slower, and the operations headquarters will be in the Log Cabin restaurant parking lot. "It looks likes there's one patient down there holding onto the rocks."

UPDATE 8:45 p.m.: "The male is in the middle of the falls at the base and anyone coming in, I'd like to have water suits on." Law enforcement is called in. Another victim has fallen approximately 40 yards into the creek in a futile attempt to rescue the distressed parties. Now he is in need of rescue.

UPDATE 8:52 p.m.: Alden's Water Rope Rescue Team is called and is responding. The second victim at top of the falls is out, and both victims at the bottom of the falls are now upright.

UPDATE 8:56 p.m.: Emergency responders are staging in the restaurant parking lot at 1227 Gilmore Road, Corfu.

UPDATE 9:01 p.m.: Mercy Flight is called in.

UPDATE 9:17 p.m.: Alabama Fire Department Rescue is to handle the Mercy Flight staging, which will be at the Indian Falls Methodist Church, located at 7908 Alleghany Road, Corfu. The helicopter is to land in a grass field there.

UPDATE 9:32 p.m.: Mercy Flight has landed.

UPDATE 10:09 p.m.: Those in need of rescue from the swift water of the falls are being brought up to within reach of the emergency crews. Pembroke went back in service at about 9:57 p.m.

UPDATE 10:15 p.m.: "The patient is topside."

UPDATE 10:32 p.m.: Alabama reports that Mercy Flight is in the air, heading to Erie County Medical Center.

UPDATE 10:36 p.m.: Alabama is back in service.

UPDATE 10:46 p.m.: "...all equipment from down below is now topside." The remaining responders are picking up their gear and preparing to return to service.

UPDATE 11:05 p.m.: All responders are in service.

Walkers finished Genesee Community College's six-hour "mini Relay for Life" last night with a dusk "Luminaria Ceremony" honoring the memory of cancer victims and people lives have been touched by cancer. The bags lining their path contained lit candles and each one was dedicated to a particular individual.

Suzanne Smith, of Batavia, "Luminaria Ceremony" coordinator and cancer survivor, is pictured here with her sons, Richie and Mikey.

This is the college's second annual "mini Relay for Life," which is a partnership between GCC's Wellness Center and the American Cancer Society.  It is also a sort of prelude to the annual "Relay for Life" at Van Detta Stadium, which will be held on Aug. 24.

More pictures:

Kristina Groff, American Cancer Society staff partner, and Michelle Williams, the event chair.

Master of Ceremonies John Kochmanski, who is with the college's radio station.

Jace Little, fundraising specialist and safety officer at College Village, and Tiffany Ralston, who was on the event's public relations committee and serves as a "Living Learning" advisor at College Village.

For more information on "Relay for Life," visit relayforlife.org/bataviany

All five members of the Genesee County Economic Development Center Board present for today's meeting voted yes on $1.8 million in tax breaks for COR Development to help the Syracuse-based company bring national retailers, such as Dick's Sporting Goods, to Batavia.

Legislator Shelly Stein, who sits on the GCEDC board, praised COR for all it's done for local schools and the community by generating new tax revenue.

While she said she agrees with much of what speakers said at Tuesday's public hearing on the proposed abatements, particularly about the current state of affairs in New York, she considered the proposed development a "great win for the county, the town and the city." 

New York's high tax rates, she said, makes such incentives necessary.

"I thank you for bringing this project forward," she said to COR VP Joseph B. Gerardi. "That 18 million of investment, and not asking for that PILOT to restart at zero and start at 40 percent, makes a lot of sense for us."

Board Member Jim Vincent said that clearly the public doesn't understand what GCEDC does.

"The public comments signify that we've still got a way to go to convince the populace of Genesee County about what we do and why we do it," Vincent said. "I appreciate projects like this coming forward because in my opinion just the sales-tax factor alone adds an annuity to reduce the tax burden on every business, farm and family that resides in Genesee County."

No other board members spoke.

After the vote, GCEDC CEO Steve Hyde thanked the board for approving the project.

"Just to remind everybody that inside the resolution, the predominate finding was that this was a unique facility project to meet the retail restrictions under the law," Hyde said. "This is the only 36-acre major shopping center inside this entire county. As the law states, this is the opportunity to bring more, varied shopping offerings and services to the community and without this particular project, as the law states, the availability of these broader services and offerings would not be readily accessible to the residents of the community.

"Hence, that was really the underlying basis of the retail restriction and the request for the board to consider, because at the end of the day, we're trying to attract large-scale, tech-driven manufacturing here. ... The last thing you want to do is have a large, empty building while we're showing our community."

John L. Rizzo and Mary Ann E. Wiater were not present at today's meeting.

Voting yes were Stein, Vincent, Charlie Cook, Wolcott T. Hinchey and John F. Andrews.

COR estimates that the four possible tenants -- which COR has previously confirmed includes Dick's Sporting Goods -- will generate more than $16 million in annual gross sales and the four tenants will likely invest $11 million to get their stores open.

After the meeting, walking down the hall, we tried to ask Gerardi why $1.7 million in tax breaks are necessary when the revenue estimates and total capital investment indicates there is market demand for the project. He said questions needed to be directed tomorrow to the company's CEO, Steve Aiello, and made a sharp left turn into the men's room.

Aiello has not previously returned calls nor answered e-mails from The Batavian.

Visit us online for more information: http://www.wnydtv.com

The Town of Pavilion has begun enforcement action against property owners that have for years been storing apparently broken down vehicles on their parcels.

At the beginning of the year the town entered into a shared services agreement with the Town of Batavia and Dan Lang is now code enforcement officer in Pavilion.

He said the first order of business was to go after the most obvious alleged code violations, and the properties at 11076 Lake Road and 11256 Perry Road certainly met that criteria.

In letters to Jacob Weber and Steven Weber, the town asserts they have 47 and 12 broken down vehicles on their properties, respectively.

The Webers appeared in town court Monday and asked for more time to work with an attorney on resolving the issue. They are scheduled back in court June 4.

The state's property maintenance code states:

Except as otherwise provided for in statute or other regulations, two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

The town is demanding that the inoperative vehicles be removed from the property. The Webers, if the issue isn't resolved and they are convicted, could be fined $350 or spend six months in jail for each code violation.

Lang said he won't be looking for every little code violation in Pavilion, but property owners with obvious code violations will be contacted and he will also respond to complaints from residents.

The photo of the Perry Road location was taken in October.

Yesterday, May 1, was The Batavian's fifth anniversary. Over the first five years of The Batavian, here are the 10 most viewed posts:

• Le Roy Legion hosting event to honor WWII vets
• State health officials discuss outbreak of tics in Le Roy, but say they can't share the cause
• Notorious woman allegedly trashes buffet at South Beach, by Billie Owens
• Brad Paisley fans get themselves arrested in droves during Darien Lake concert
• Sex in the City: Batavia 'adultery' case getting wider media attention
• Manhunt in progress near Townline and 63
• Teenage Bergen bow hunter takes down 17-point buck
• South Beach owner "was forced to close" restaurant, says sister-in-law, by Philip Anselmo
• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Suzanne Corona accused of shoplifting from Batavia florist

Falling just outside of the top 10 was a post by Brian Hillabush, Christmas lights 12-13-08: DiSalvo's always best in show.

And to catch you up on the monthly most viewed posts ...

Most viewed posts for February:

• Darien man killed in early morning crash on Route 238
• Robber of Sally's appears to have executed a plan to avoid identification
• BREAKING: trash proposal fails on 7-2 vote
• Legislature poised to call for repeal of Cuomo's gun control law
• Tom Houseknecht asserts new trash plan an attempt to skirt property tax cap
• Attica man charged with DWI in Pembroke crashes vehicle in Darien a few hours later
• Possible suspect in Sally Beauty robbery hospitalized after arrest in Owego
• Alabama man accused of raping woman during argument
• Woman accused of stealing money from charity raising money for cancer patient
• Batavia Middle School student in trouble for packing a BB gun

Most viewed posts for March:

• The vote is final: The Wiss Hotel building will come down
• Law and Order: Man accused of installing illegal water line
• Oakfield Fire Department issues statement regarding water dispute with Village
• Judge tells bookies they will serve in a weekend-work program
• Law and Order: Mother accused of not being at home when children were dropped off by school bus
• Sheriff responds to allegation that investigator placed bets with bookie working in fire department
• Ken Mistler buys downtown theater with hope of keeping more entertainment dollars in Batavia
• Woman robbed in parking lot of Save-A-Lot in Batavia, by Billie Owens
• Two women get their hair done at salon, then stiff the stylists, by Billie Owens
• Caller says car parked across the street is harassment, by Billie Owens

Most viewed posts for April:

• Le Roy Legion hosting event to honor WWII vets
• Apparent blow-up between Corfu mayor and employees has village administration in jeopardy
• The story of a stolen thermometer and the police officer who made a gift of it
• Young 'inconsolable' woman resists arrest in Oakfield, is pepper-sprayed, by Billie Owens
• VP at GCC reportedly arrested in Rochester on public lewdness charge
• Trustee asks Corfu mayor to resign
• New pizza shop will have a familiar sounding name and familiar looking face
• Pero brothers entering trash business in Batavia
• Corfu sewer contractor reacts to anonymous letter threatening his business with the village
• Village of Corfu office remains closed this morning

April -- even with the ad server trouble -- set traffic records with 128,425 unique visitors, 512,095 visits and 852,965 page views.

The previous records were set the month before, with 108,490 unique visitors (the first time had more than 100K unique visitors), 493,303 visits and 834,797 page views.

On May 1, 2008, we received 125 visits to the site.

A construction accident at 6612 Tufts Road, Pavilion, has caused an electrical wire to come down, which has sparked a small grass fire.

Pavilion fire is responding.

National Grid is also in route.

No citations were issued to either the driver or pedestrian involved in an accident Monday morning at Main and Oak streets.

Batavia PD investigators determined neither people were at fault because a third vehicle blocked the views of both the driver and the pedestrian.

Amber M. Richmond, of 20 Washington Ave., Batavia, suffered a broken leg in the accident.

The driver is identified as Mallory P. Frew, of 322 E. Main St., Attica.

The State Police assisted in the investigation.

Investigating officers were Chad Richards, Sgt. Eric Bolles, Thad Mart, Arick Perkins and Eric Hill.

Daniel T. Gannon, 52, of 215 Liberty St., Batavia, and Deborah A. Monte, 48, of 210 Liberty St., Batavia, are both charged with disorderly conduct. Batavia PD responded to a report of two people fighting on Liberty Street at 11:30 p.m., Wednesday. After officers arrived, Gannon and Monte allegedly continued to threaten each other.

Terrell D. Bloom, 22, of West State Street, Albion, is charged with petit larceny. Bloom was arrested on a Town of Batavia warrant by Albion PD and handed over to the Sheriff's Office. He was arraigned and jailed on $500 bail.

Dakota M. Smith-Neal, 21, of 20 S. Main St., Batavia, is charged with arson, 5th. During an alleged domestic incident, Smith-Neal allegedly tore pages from a personal journal belonging to his girlfriend and set them on fire while in front of the residence. Smith-Neal was jailed on $1,000 bail.

A two-car accident with injuries and entrapment is reported at Judge and Alleghany roads. Alabama and Oakfield fire departments are responding. Mercy Flight #7 out of Buffalo is on in-air standby.

UPDATE 7:30 p.m.: There are believed to be two minor injuries. Mercy Flight is cancelled, but Mercy medics are continuing, non-emergency, and two rigs are requested. Extrication equipment is no longer needed. Traffic at Route 77 and Judge Road is blocked.

UPDATE 7:42 p.m.: The second Mercy rig is cancelled.

UPDATE 7:54 p.m.: Oakfield is returning to service. Mercy medics are transporting patients(s) to ECMC.

UPDATE 8:04 p.m.: Alabama is back in service.

UPDATE 8:09 p.m.: The roads are reopened.

County Republicans have announced their slate for the 2013 County Legislature election in November.

There are six incumbents endorsed for the nine seats.

Also nominated were newcomers Bob Bialkowski, Andrew Young and Greg Torrey.

Mary Pat Hancock, longtime chair of the legislature, will not seek reelection and Young was nominated to fill her District 4 seat.

Torrey beat out incumbent Esther Leadley for the District 6 nomination. District 6 covers Alexander, Bethany and Pavilion.

After years of allowing Democrat Ed DeJaneiro run unopposed, the GOP has nominated former Batavia City Councilman Bialkowski to run for the seat.

Members of the City GOP are reportedly upset with DeJaneiro for supporting funding for Genesee County Economic Development Center.

Lawrence Friedman was endorsed for reelection as District Attorney and Don Read received the nod for reelection to County Clerk.

The incumbents endorsed were: Ray Cianfrini, District 1 (Alabama and Oakfield); Robert Bausch, District 2 (Elba, Byron and Bergen); Annie Lawrence, District 3 (Pembroke and Darien); Frank Ferrando, District 7 (wards 1 and 6, City of Batavia) and Marianne Clattenburg, District 8 (wards 2 and 3, City of Batavia).

Photo and press release submitted by Jerry Diskin:

On Sunday, April 21st, the Botts-Fiorito American Legion Post # 576 hosted a remembrance ceremony honoring all veterans of World War II. The program began at 1 p.m. at the Post's home on West Main Street in the Village of Le Roy with opening remarks by Past Commander Gary Gavenda welcoming all honored guests, family members and friends.

An invocation was delivered by Genesee County Chaplain Don Nagle followed by the POW-MIA Ceremony remembering all POWs (Prisoners of War) and MIAs (Missing in Action) from all wars. This was followed by a welcome address by Botts-Fiorito Commander Donald Schafer.  

An introduction of distinguished guests included representatives from the offices of: Congressman Christopher Collins; Senator Michael H. Ranzenhofer (Jay Grasso); Assemblyman Steve Hawley (Greg Torrey); the Genesee County Legislature (Legislator Shelley Stein -- District #6); and Genesee County Veterans Service Officer William Joyce.

The New York State Department and American Legion Commander Timothy S. Van Patten were also on hand along with 8th District Vice Commander John Lang and Genesee County American Legion Commander Dave Henry.

The main portion of the program was opened by remarks and a brief overview by Dick Ladd, whose idea to hold such an event fostered this program. Dick addressed the “Special Guests of Honor” and set the stage for the remainder of the event. 

Post Adjutant Don Vescovi then read off the roll call of the World War II veterans in attendance. We were very pleased and felt fortunate to have 23 WW II veterans in attendance. Veterans from Batavia, Pavilion, Stafford and Bergen along with Le Roy made up this distinguished contingent. 

A short presentation was given by “Honor Flight-Rochester” outlining the details for WW II veterans to travel to Washington, D.C, to visit the WWII memorials and other attractions. This was followed by a social hour.

The group then reconvened for the presentation of acknowledgements including proclamations from the offices of the distinguished guests.

The closing ceremony included a ”Remembrance of those no longer with us…” by Post Chaplain Gary Bassett followed by a very moving playing of “Taps” by Samantha Platek. All joined in to the “Salute to the Colors,” which was followed by the singing of “God Bless America."

Back row: Franklin Smith, Donald I. Miller, Donald Nagle, Jack Fay, New York State Commander Nick Pascucci, Dick Ladd, Albert Strobel, Sherman Booten, Timothy S. VanPatten.

Front row: Richard Doktar, Raymond Mancuso, Oliver Cooper, Pat Palotti, Carl Seaburg, Kermit Arrington, Louis Cinquino.

• Check your roof for loose, missing, worn or damaged shingles. Make sure flashing is secure around vents and chimneys.
• Gutters should be clean, properly aligned and securely attached. Downspouts should direct water away from the house.

Convicted burglary Benjamin William Muntz, 24, of Maltby Road, Oakfield, who allegedly failed to appear in County Court for a sentencing a year ago has been charged with bail jumping in the second degree.

When Muntz was sentenced on the burglary charge last week, the District Attorney's Office was undecided at that point on whether to charge Muntz with bail jumping.

Judge Robert C. Noonan was did not want to sentence Muntz on both of his felony convictions with the possibility of a bail jumping charge pending.

If convicted of bail jumping, Noonan will have the option, or not, of giving Muntz three consecutive prison terms -- for burglary, grand larceny and bail jumping.

Muntz was arrested in October in Fayetteville, Ark., where he served a short prison term on burglary-related charges. When he was released last week, he was immediately taken into custody by the Sheriff's Office and returned to Genesee County.

Muntz is scheduled to appear in court again June 4.

Roger Parkhurst provided Rep. Chris Collins with a tour of the Alpina Foods plant in the Genesee Valley Agri-Business Park today.

Parkhurst, left, gave Collins, who sits on the House Agriculture Committee, an overview of Alpina's history, the Greek yogurt market in the United States and the process Alpina uses to make yogurt locally.

The plant started production in October and Parkhurst said the operation has already grown to what it projected for its second year of business. There are 55 permanent employees with Alpina locally, and to help meet production demands, the plant uses up to 100 temporary employees at times.

There are already plans on the drawing board to expand the plant.