Dollar General would like to build a new store in Pavilion, but the proposal got a cold reception from the Genesee County Planning Board on Thursday night.

The proposed location is less than 1,000 feet from the high school, and with heavy, speedy truck traffic on Route 63 and no sidewalks between the school and the store, board members thought the location presents a safety hazard.

Planners also thought the proposal doesn't fit within Pavilion's comprehensive plan.

However, the location is the one picked by town officials, Todd Hamula, a development manager for Zeremba Group, who is representing Dollar General in the project.

Originally, the company was looking at a location closer to the school, but town officials were worried about students leaving campus to go to the store, so a compromise was found with the location further away.

The location also gives the town a chance to appeal to the Department of Transportation to lower the speed limit along that stretch of road to 35 mph (the location is right near the current dividing line between a 35 mph zone and 55 mph zone).  

Hamula said Dollar General wants its stores on roads with speed limits less than 55 mph, which ruled out locations further south.

He also said the company picked the location because they believe it's well suited to the comprehensive plan. He said rezoning the property would merely extend the current business district area around Route 63 and Route 19.  

Planners thought it too far away from the current business area to meet that goal.

"We work really hard to make sure we don't bring a proposal for rezoning unless we have local support and that it doesn't go against the comprehensive plan," Hamula said.

While the town seems to take a dim view of a store within walking distance of the school, county planners were scratching their heads over the decision. The original proposed location would have sidewalks and a pedestrian tunnel nearby.

"If the concern here is traffic and kids walking, moving the location does not really solve that," said Board Member Lucine Kauffman. "I think it makes the danger even greater. Now they're walking further and there's no sidewalks."

She thinks regardless of the location, kids are going to walk to it for drinks and food.

"I think it's great idea to have place where kids can walk to after school to have a snack," Kauffman said.

The negative vote doesn't kill the project. The town planning board can still approve it with a vote of a majority plus one.

Hamula said he will pursue that outcome with the town planning board.

Local businesses are supporting the education of local kindergarteners and first-graders by displaying framed examples of their drawings and writings in their shops.

The unique program to highlight the creative work of students was created by the administrators and teachers of Jackson School.

Above, Ken Mistler, left, owner of Showtime Cinema in Batavia accepts the framed work of Mark Bomdaruk, pictured with his teacher Ann Marie Koukides.

Here's a list of particpating businesses and institutions and the names of first-graders with works displayed for January.

• Art a la Cart, Emma Englehardt
• Southside Deli, Gretchen Redder
• T.F. Brown's, Mikaylah Sweet
• Big Pauley's Pizza, Landon Hamilton
• Kreative Kitchens, Karvel Martino
• Wendy's, Bryce Nicometo
• Main Street Pizza, Alexandra Crater
• The Rack Shack, In February
• Holland Land Office, Anthony Lecointe-Naegely
• Bank of America, Liam Walker
• Five Star Bank, Zofia Bailey
• Richmond Memorial Library, Marley Santos
• Alex's Place, Emilio Rosales
• Genesee Community College, Emma Godfrey
• City Hall 1, Harry Malander
• City Hall 2, Helaina Staley
• Tim Horton's, Julia Plath
• City Slickers, Michala Faulkner
• Next Level, Ella Shamp
• Max Pies, Will Stevens
• Showtime Cinema, Mark Bomdaruk
• GO ART!, Sydney Parker
• YMCA, Kayli Palone
• YWCA, Drew Stevens
• Sunny's, Elaina Stringham
• Dunkin' Donuts, Lila Fortes
• Sport of Kings, Elijah Fancher
• T Shirts, Etc., Ethan Bastedo
• McDonald's, Jacobi Childs

The Cuomo administration is handing out more than $1.8 million in grants to Genesee County projects, officials announced today.

The awards are part of $80.7 million in grants for the Finger Lakes Region of Empire State Development.

The largest award locally -- $1.5 million -- is going to Genesee Biogas, a Warsaw-based company looking to build a biogas generator in the Genesee Valley Agri-Business Park.

Sen. Charles Schumer issued the following statement about the award:

“I was pleased to help make Ch4 Biogas’ first on-farm biodigester at the Synergy Dairy in Wyoming County a reality back in 2011, and I was pleased this year to support their application to ESD to replicate that success with the new Biogas Plant in Batavia. This cutting-edge facility is a win, win, win: it will provide renewable energy to the Ag Park, home to companies like Muller Quaker and Alpina yogurt, reduce the need to send waste to landfills, and help attract new businesses to locate to the Ag Park.” 

Previously: Company pitches idea of plant that converts food waste into energy at planning board meeting

The City of Batavia is also receiving two awards. There is $200,000 for a micro-enterprise fund. The money is to be awarded to 10 local businesses, five of which must be owned by low- to moderate-income people. The program is expected to create 10 new full-time equivalent jobs.

The city is also receiving $75,000 to draft a new comprehensive plan. 

"The plan will include public participation, an assessment of existing conditions and the development of goals and objectives based on LEED for Neighbhorhood Development," states the award announcement. "This project will promote the goals of the Finger Lakes Regional Sustainability Plan and serve as a model for other rural cities."

The Town of Batavia will receive $30,000 for eastside sewer planning.

The Village of Alexander will receive $30,000 for wastewater infrastructure evaluation.

The Village of Bergen will receive $30,000 for collection system study.

All of the projects are meant to spur economic growth.

In 2011, the Cuomo administration established 10 regional economic development areas. The 10 areas compete with each other for funding each year.

The largest chunk of funding this year went to the Southern Tier, which is receiving $80.8 million.

Western New York, which includes Buffalo, but not Batavia, received more than $50 million.

State Assembly Majority Leader Joseph Morelle issued the following statement:

"The $80.7 million in funding awarded today will move us closer to our goal of securing a brighter economic future for Rochester and all of the Finger Lakes Region by creating thousands of new jobs and leveraging hundreds of millions in new investments."

Press release:

Congressman Chris Collins (NY-27) today released the following statement after passage of the Consolidated and Further Continuing Appropriations Act for FY 2015.

“This legislation is a tremendous win for Western New York,” Congressman Collins said. “It holds the line on discretionary spending, ensuring continued deficit reduction, while fully funding vital government programs. In politics it is crucial not to let perfect be the enemy of good, and although people on both sides have their concerns, I'm proud of what this accomplishes for Western New York.”

Here are highlights from the bill that directly affect Western New Yorkers.

· Provides $122 million for the improvement and expansion of the VA Medical Facility in Canandaigua;

· Provides $68 million for OMEGA at the University of Rochester to expand its nuclear fusion laser lab facility;

· Increases funding for the National Institutes of Health grant programs that help fund research centers like the Roswell Park Cancer Institute in Buffalo;

· Eliminates funding for the Race to the Top Initiative, reducing the incentive for States to continue the implementation of the Common Core Standards;

· Blocks the EPA from applying the Clean Water Act to certain farm ponds and irrigation ditches;

· Allows more flexibility to school districts implementing new whole grain nutrition standards in school lunches;

· Cuts EPA funding for the fifth consecutive year and brings staffing to the lowest level since 1989;

· Cuts IRS funding by $345.6 million and bans the agency from targeting organizations seeking tax-exempt status based on their ideological beliefs;

· Provides $300 million to improve and restore the Great Lakes;

· Increases funding for the Harbor Maintenance Trust fund by $100 million.

If you're out of work, or underemployed, this is a great time to be looking for a job or a better job, said Scott Gage, director of the county's Job Development Bureau.

The unemployment rate has been at or below 5 percent all summer and now into the winter, which is a period of low employment the county hasn't seen since 2008.

The job bureau currently has 279 job openings listed. A year ago, there were only 199 jobs listed.

"Employers are hot to get new employees," Gage said. "This is a great time to be job searching. If people are unemployed, they should come down to the career center and see us. We can help them find a job."

Gage said they're seeing both people who were underemployed finding new employment that better meets their qualifications, and people who have been among the long-term unemployed are finding work.

For the long-term unemployed, there is a job-training program available that is funded by the federal government through the H1B visa program (the same program that brings foreign workers into the country).

The jobs available aren't just entry-level jobs, Gage said. The list includes $16 and $18 an hour jobs and jobs that pay $35,000 to $40,000 a year.

"There are significantly more jobs available now," Gage said.

PROMOTIONAL NOTE: If you're looking for a job, or need to hire an employee, don't forget about GLOWJobs.net.

The Batavia Blue Devils Head Football Coach Brennan Briggs will be recognized on the field Sunday before the Buffalo Bills game against the Green Bay Packers as the Buffalo Bills/National Guard Coach of the Week for week 11.

The school will receive a $1,000 contribution to the football program as a result of the award.

During the game, Briggs will be seated inside the Red Zone section, complements of the Buffalo Bills.

File photo.

Press release:

The City of Batavia is pleased to announce that three employees from the Water Bureau have obtained water licenses issued through New York State Department of Health (DOH) and one employee in the Finance Bureau is being recognized by the New York State Governmental Finance Officers’ Association (NYS GFOA) for completing a professional development program administered by the Government Finance Institute (GFI).

Peter Gravante, a 25-year veteran of the City, has received his Class D water license after completing coursework in water distribution maintenance, disinfection and operations through California State University, Sacramento. In addition to classroom training and laboratory practice, experience in distribution maintenance was required to achieve this license. 

Nelson Weibel, a 10-year employee at the City Water Plant on Leigh Avenue, received his Grade 1A Water License after completing a week of classroom training at the Western New York Water School, as well as course work in administration through Michigan State University. A Grade 1A Water License requires a minimum of 10 years of experience to qualify for this level of licensing. 

Shawn Bigsby, a 10-year employee and newest water plant operator, received his Grade IIA Water License after completing two weeks of classroom training at the Western New York Water School, as well as completing one year of operator training at the City Water Plant.  

In addition to classroom training, Peter, Nelson and Shawn were required to interview with the Genesee County DOH, to receive their endorsements before their applications were forwarded to the New York State DOH for final approval and license issuance.

Lisa Neary, deputy director of Finance and a six-year employee of the City, recently completed NYS GFOA professional development program, Government Finance Institute (GFI) – Foundations Level. GFI Foundations Level graduates complete training in the core competencies of government finance including accounting and financial reporting, cash management, budgeting, human resource management and internal control. Lisa will be recognized for her achievement at the Association’s 36th Annual Conference to be held in Albany in March.

Please join the City in congratulating Peter, Nelson, Shawn and Lisa on their outstanding achievements.

A former Batavia resident now living in Henrietta who was arrested for trying to light a fire in the window of a house on East Avenue entered a guilty plea this morning to attempted burglary in the second degree.

It was a unique plea deal that will make Brian Sprague, 25, eligible for a probationary sentence.

He was originally charged with attempted arson, 2nd, a Class C violent felony, and criminal mischief. But conviction on those charges would not give Judge Robert C. Noonan the option of a probationary sentence, if he found it appropriate.

There is no lesser included offense in attempted arson, 2nd, so under the theory that by breaking a window, Sprague was attempting a burglary, District Attorney Lawrence Friedman offered Sprague the chance to plead guilty to that charge.

However, the facts of the case don't entirely support that charge, so under what's known as an Alford Plea -- where the defendent admits the facts of the case would likely mean a jury conviction if the case went to trial -- Friedman recited the facts of the attempted arson charge.

Sprague then entered a guilty plea to the attempted burglary charge, a Class D violent felony.

Sprague was arrested on the arson charge in September after residents on East Avenue were awakened by the sound of glass breaking. When they came downstairs later, they found gasoline had been poured around the window and through the window.

Sentencing will be at a later date and probation is no guarantee. The probation department will conduct a pre-sentence report for Noonan to review prior to sentencing.

The maximum prison time possible for a Class D violent felony is seven years.

The plea also satisfies a criminal mischief charge in the Town of Batavia.

These are reader submitted photos of a car that struck the Dollar General Store in Le Roy around 10:15 a.m.

Injuries were reportedly minor.

Somewhere in the neighborhood of a foot of snow fell on Batavia overnight and this morning residents were clearing driveways and sidewalks.

From 13WHAM, The Batavian's news partner, here's a forecast:

Most of the steady snow has now moved west and out of the area. The chance of some scattered snow showers will remain through the day, but not the steady type of snow that we have already experienced. Another inch of snow could fall from any of the snow showers that pass through the rest of today. A Winter Weather Advisory does remains in effect for Genesee and Wyoming counties through 4 a.m. tomorrow. As of earlier this morning, 10 inches of snow had fallen in Warsaw, 4.5 inches in Avon, 6.5 inches near Silver Springs, 10.4 in Wyoming, and 5.5 inches near Dansville.

It will take a while for any melting to begin. Temperatures will remain in the 20s for much of today. Temperatures will rise to about the freezing point for a high tomorrow, but will rise higher, into the 30s and 40s, by this upcoming weekend and early next week.

Top photo: William Palone on East Avenue at Ross Street.

Marilyn Canipe on North Spruce Street.

A bike rider trying to negotiate his way through the snow and slush on North Street.

• Due to the snow, the City of Batavia Yard Waste Station is closed today. It will be open Friday and Saturday. The Yard Waste Station will be closed for the season at 5 p.m. on Saturday.

Send closures and cancellations, if any, to howard@thebatavian.com

Kenneth Michael Gray, 23, no permanent address, was arrested on a warrant out of Le Roy by Batavia PD. He was jailed on $1,000 bail. No details provided on the underlying charge.

Joseph Antwan Fletcher, 18, of Liberty Street, Batavia, is charged with criminal contempt. Fletcher was allegedly observed by a Batavia police officer in the company of a person protected from contact by Fletcher by a court order.

James P. Colantonio Jr., 26, of South Main Street, Batavia, is charged with DWI and refusal to submit to chemical test. Colantonio was stopped at 2:12 a.m. Sunday on West Main Street, Batavia, by officer Marc Lawrence.

Daniel S. Kilner, 46, of Redfield Parkway, Batavia, was arrested for an alleged violation of probation. Kilner was located at his residence by the Probation Department and transported to BPD headquarters where he was arrested. Kilner was jailed on $5,000 bail.

Gurpreet Singh Malhi, 41, of Charit Way, Rochester, is charged with DWI and driving with a BAC of .18 or greater. Malhi was stopped at 7:20 p.m. Wednesday on Lake Road, Le Roy, by deputy Matthew Fleming.

New York Times: Buffalo Bills Cheerleaders’ Routine: No Wages and No Respect

A two-car accident with injuries is reported on North Road, Le Roy, near the county line.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 5:59 a.m.: A second ambulance from Caledonia is requested to the scene at 8673 North Road.

UPDATE 6:38 a.m.: North Road being shut down so the vehicles can be moved.

A tractor-trailer has jackknifed on Clinton Street Road and hit a utility pole. A second vehicle may be involved. 

The road is blocked. Power is out in the area.

All occupants are out of the vehicles.

The accident is reported in the area of 5106 Clinton Street Road, near Stringham Drive.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 9:41 p.m. (back from the scene): An eastbound tractor-trailer that was fully loaded lost traction on a snowy road and jackknifed. A red pickup truck that was also eastbound became wedged under the trailer. The passenger side of the cab was completely crushed. Fortunately, there was no passenger. The driver had a cut on his hand and a complaint of arm pain. There's no suitable tow trucks available in Genesee County, so trucks are coming from Monroe County. A National Grid crew is also needed to replace the utility pole before the truck can be moved. Route 33 will likely be closed for some time yet.

There is still no clue investigators can point to that offers even a hint of how a fire started in a garage at 12 Adams St., Batavia, on Sunday night.

There was no electricity nor any other source of ignition in the area of the garage where the fire started. There are no marks on the floor to suggest an accelerant was used by an arsonist (though that in itself doesn't rule out a deliberate fire). Interviews with neighbors have failed to produce any leads.

"So far, we can't figure out what started it," said Capt. Craig Williams, Batavia Fire Department. "It may go down as undetermined."

It will be at least a week before the investigation is completed, Williams said. By then, maybe investigators will have solved the mystery.

The three-car garage was owned by 87-year-old Ken Currier, who spent 30 years working as a mechanic and 25 years building houses, said his son Jerry Currier.

"He had everything you need to work on cars and pretty much everything you needed to work on houses and it's all gone," Currier said.

Among the items lost, two big tool boxes, filled with tools, a milling machine, lathe, band saw and compressors.

Currier and his brother own a contracting business, but didn't work out of the garage. They have their own facility on Route 98, although they do regularly park a work truck at the Adams Street residence.

"We pretty much meet there every morning and have coffee with my parents before heading out to the job," Currier said.

The garage was insured, Currier said, and will be replaced with one just like it.

"Thank God we have a good insurance company," he said. "The adjuster was here yesterday from 10:30 a.m. to 6 at night going over everything," Currier said. "The little section that didn't burn was so smoke and heat and water damaged that it's a total loss."

UPDATE, Thursday morning: Yesterday, we couldn't reach Det. Rich Schauf, Batavia PD, who is assisting in the investigation.  Schauf reiterated this is likely to be a fire of an undetermined cause. He said there are numerous accidental possibilities, such as an old battery overheating, so just because the final determination is undetermined doesn't mean it was anything other than accidental.

The process of elimination pretty much rules out a deliberately set fire, he said. The location of the fire would mean that a person would have had to enter the garage, move stuff, start the fire, and then put stuff back. That's an unlikely scenario for anybody who might have a reason to start such a fire. There would be easier and safer ways to start a fire.  

"I would never say it was a set fire," Schauf said. "There are too many other things that could have been accidental in that fire."

Previously: Garage fire reported on Adams Street, Batavia

Press release:

Today, senators Charles E. Schumer and Kirsten Gillibrand and representatives Brian Higgins and Chris Collins announced that the U.S. Department of Agriculture has approved primary and contiguous disaster designations for seven Western New York counties, due to losses caused by excessive snow, flooding, freeze, and high winds that occurred Nov. 17-24. The Secretarial natural disaster declaration will apply for the following counties: Genesee, Erie, Livingston, Monroe, Niagara, Orleans and Wyoming.

Last month, following the storm, Schumer, Gillibrand, Higgins and Collins urged the USDA to assess damage and be ready to issue this declaration so that emergency loans could be made available to the farmers, flower growers, and local producers that suffered as a result of the historic November snowstorm. The lawmakers said that USDA assistance is available to farmers who experience severe crop, livestock and business loss.

“After weathering several days of brutal weather and record-high snowfall, the USDA’s decision to provide emergency disaster assistance to farmers and growers across seven Western New York counties is welcome news. I visited many communities and saw the damage the snow caused firsthand. Thankfully, this disaster declaration means our Upstate farmers and growers will have access to critical emergency loans and more, at a time when they need it the most,” Senator Schumer said. “I applaud the U.S. Department of Agriculture for swiftly assessing the damage to farms, flower growers, vineyards, wineries and orchards throughout the region following the historic snowfall in November, and coming through with disaster designation.”

Senator Gillibrand, the first New York senator to serve on the Senate Agriculture Committee in nearly 40 years, said:

"I saw firsthand the severe losses Western New York’s agriculture community faced after last month’s unprecedented snowfall. The stories I heard were powerful. This declaration will enable those who lost greenhouses, barns, processing facilities, harvesting equipment, animals, trees, vines and crops to access resources that will help them as they recover and begin planning for a new growing season. I thank Secretary Vilsack and the dedicated staff of the Farm Service Agency who worked so hard to make sure the voices of our farmers were heard and that this much-needed aid is being made available."

Congressman Higgins: “Farm communities in Western New York were hit hard by the November snowstorm, and the federal government has an obligation to respond. This disaster caused loss of crops and business impacting the livelihood of local farmers. We applaud the USDA’s willingness to provide much needed relief to those struggling to recover from damages caused by the storm.”  

Congressman Chris Collins (NY-27): “Western New York's agriculture community took a huge hit during the historic November snowstorm and our local farmers and growers need help. I am pleased that our bipartisan push worked and the USDA is taking action necessary to provide needed disaster assistance.”

The senators and congressmen explained that this Secretarial disaster designation will make farm operators eligible to be considered for Farm Service Agency (FSA) emergency loans. Farmers in the eligible counties will have eight months from the date of the Secretarial disaster declaration to apply for such emergency loans.

The programs available with a USDA disaster declaration are as follows:

·         Emergency Farm Loans -- low interest loans;

·         Disaster Set-Aside Program -- borrowers located in designated disaster areas or contiguous counties who are unable to make their scheduled payment on any FSA debt can set aside one payment after a disaster.

Additionally, the following programs are available through the USDA without a disaster declaration:

·         Tree Assistance Program (TAP) -- provides financial assistance to qualifying orchardists and nursery tree growers to replant or rehabilitate eligible trees, bushes and vines damaged by natural disasters;

·         Livestock Indemnity Program (LIP) -- provides benefits to livestock producers for livestock deaths in excess of normal mortality caused by adverse weather;

·         Forest Restoration Program (FRP) -- helps the owners of non-industrial private forests restore forest health damaged by natural disasters;

·        Emergency Assistance for Livestock, Honey Bees, & Farm-raised Fish (ELAP) -- provides emergency relief to producers of livestock, honey bees, and farm-raised fish from other natural disasters that are not adequately covered by any other disaster program.

In their letter to Secretary Vilsack last month, Schumer, Gillibrand, Collins and Higgins wrote: “We urge USDA to dedicate all available resources to complete a damage survey in the most timely manner to assess the need for a USDA disaster declaration to prevent the delay of any needed emergency relief. Additionally, we request that FSA field officers work with farmers to help them accurately document losses, which will enable them to apply for USDA disaster programs.”

Three residents of Batavia, including a father and daughter, are being held in Wayne County Jail after being identified as suspected shoplifters at the Walmart in Macedon.

Two of the suspects are charged with petit larceny and accused of stealing HP All-in-One Desktop printers, with a retail value of $350 each.

Macedon police say the suspects match those of people seen on the video stealing the printers.

There were not arrested until this week for the alleged crime Nov. 24.

Justine McWethy, 27, and Christina Deluna, 24, were stopped by a Macedon police officer and when asked for identification, they allegedly provided false names. 

The officer was able to determine their identities and found they were both wanted on several warrants in various jurisdictions. 

Justine's father, 46-year-old Mark McWethy, was later located in Macedon Town Court. He was reportedly waiting for a court appearance at the wrong time.

Justine McWethy is charged with false personation, criminal possession of a hypodermic instrument and petit larceny.

Deluna is charged with false personation and criminal possession of a hypodermic instrument.

Mark Mcwethy is charged with three counts of petit larceny and felony burglary. 

All three are being held pending their next court appearance in Macedon on Dec. 30.

Via The Batavian's news partner, 13WHAM.