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Car crashes into water, but driver is out, on Tonawanda reservation

By Billie Owens

One vehicle reportedly rolled over and crashed into water on the north side of the Indian reservation "where the bridge is out." The driver is out of the car and is headed to a residence at 6392 Meadville Road, south of Owen Road. Alabama Fire Department and Mercy Medic #3 are responding.

UPDATE 8:51 p.m.: The lone victim is now at the house on Meadville Road.

UPDATE 8:54 p.m.: The unoccupied vehicle is upside down in a ditch in the vicinity of Klossen and Feeder roads.

Notre Dame dominates second half against Romulus to claim Section V title

By Howard B. Owens

The Notre Dame girls put an exclamation point on their upset victory over Elba by claiming the Section V Class D2 title Friday in Gainsville against #3 seed Romulus, 56-41.

The Fighting Irish entered sectional play as the #4 seed, with only two losses on the season, both to the defending state champions and #1 seeded Lady Lancers.

Rather than an emotional letdown after beating the school's biggest rival, the Notre Dame girls came out fast and aggressive against Romulus, maybe a little too aggressive.

Riley Norton and Emma Francis seemed to knock down every three-point jumper they took and Romulus had a hard time scoring early in the game.

Midway through the first quarter, though, momentum started to shift and at the half, Notre Dame trailed 26-23.

Foul trouble dogged Notre Dame, with Norton and Laurie Call forced to sit because of two early fouls apiece.

Head Coach David Pero said he had his team trying some new defensive schemes, which ended up getting players out of position. Call said she was just had too much adrenaline pumping.

"I have a tendency to be aggressive, to put a lot of pressure on defense," Call said. "I had to calm myself down, dial my adrenaline down, and say, 'what do I need to do for my team,' and calm down, not try to get a steal, but get them to turn the ball over."

In the second half, Notre Dame went back to the defensive scheme that proved so successful against Elba -- the first time Notre Dame used it -- playing man-to-man.

And Pero was also able to put Norton and Call back on the court.

It was a whole different game through the final two quarters, with the Fighting Irish dominating the Lady Warriors, including a 10-0 run to finish the game.

"They struggled getting the ball up the floor and we knocked down some shots, made some free throws and the rest is history," Pero said.

Norton finished with 15 points, including 10 in the second half and was named tournament MVP.

She said the championship and the award were real special achievements as a basketball-playing senior.

"It's the best feeling in the world," Norton said. "It (the MVP trophy) means my hard work and my dedication to basketball since I was very young has paid off. I want to keep going and I want to keep winning, but this right now feels amazing."

Melanie Taylor scored 14 points,  had seven assists and six steals, while Call nabbed nine rebounds.

For Call, she's building quite a collection of trophies at home. She was on the Section V and state champion softball team and has a Section V title in cross-country.

"It’s been so fun," Call said. "Honestly, it’s the best thing ever because the girls I’m winning with are my best friends. They’re like sisters and it’s just like this family that keeps on helping each other and we’re successful in the end."

All-Tournament team: Jamie Marshall (Elba), Zoe McDonald (Romulus), Laurie Call (Notre Dame), Melanie Taylor (Notre Dame).

Notre Dame will play Class D1 champions Mt. Morris on Monday in Pavilion. The consolidated Class D champion will then represent Section V in the state tournament, starting with a regional championship game against the Section VI champion.

To purchase prints of these photos (parents, you want to make sure you always have copies, right?), click here.

Cedar Street Sales and Rentals celebrates 20 years serving Genesee County

By Howard B. Owens

It's all about relationships, says Guy Clark Jr., owner of Cedar Street Sales and Rentals.

Clark's business turned 20 today, and he said the enterprise has lasted because the people of Genesee County have trusted him and his staff.

"We owe a big thanks to the community," Clark said.

Raised in Stafford, Clark opened his first tool shop in Le Roy in 1985. He described it as an under-capitalized one-man operation, and he struggled, but he also started to gain a good reputation.

As the calendar flipped to 1993, the people at Cummings & Bricker, a Batavia-based wholesaler of farm equipment, approached Clark about opening a rental business on Cedar Street. Cummings and Bricker already owned the property, so they along with Clark and Ricky Palermo joined forces and opened Cedar Street Sales and Rentals March 1, 1993.

After a few years, Cummings and Bricker pulled out because both businesses shared the same peak seasons, Clark said, and that caused a little tension.

Another partner entered the picture for a few years, but seven years ago, Clark became sole owner of the business and has operated it successfully since, despite a recession and increased competition from the likes of Home Depot and Lowe's.

Clark said Home Depot went after the local rental business pretty hard a few years back.

Whatever Clark set as his rental price, Home Depot would offer the same tool for $1 less.

"They were attacking us pretty hard, but then they closed (the rental business) about three years ago," Clark said. "I was thrilled for that. I was proud of that."

Cedar Street has become one of the top Cub Cadet dealers in the nation, but there was a time when Clark didn't sell lawn mowers.

A persistent salesman kept trying to get him to stock a few, until finally, Clark recalled, the salesman said, "Look, let me put six in your store and if they don't sell by fall, I'll take them back, no hard feelings."

Clark added, "That was about 5,000 lawn mowers ago."

Clark was all smiles during the 20th anniversary party at his store today and said he does feel like he's accomplished something getting this far, even if you don't always notice the time sliding by.

"You don't think about it, and I didn't start thinking about it until I started looking at a calendar," Clark said. "Until people start coming in and saying, you've been here a long time, and you think, 'hey, I have been here a long time,' you don't think about it. You just go to work every day and never give it much thought."

The celebration continues Saturday with food, games, prizes and a chance to ride an all electric zero-turn mower from Cub Cadet. Clark said Cedar Street is the only dealership in the United States with the new mower in the store. They will go on sale this spring. The photo above is of Clark riding the mower. Customers who test drive it get a free hat. Food will be served from 11 a.m. to 1 p.m.

Students and teachers urged to enter talent contest to help fight pediatric cancer

By Billie Owens

All area students and teachers are invited to compete in a talent show to raise money to fight pediatric cancer. Deadline for entries is March 4.

Go to this Web site for more info. and to download an entry form: <http://www.makesomenoisetalentshow.weebly.com>

It can be e-mailed to: makesomenoise2013@gmail.com

The Make Some Noise Talent Show is set for 7 p.m. on Tuesday, March 19 at the Notre Dame High School gym in Batavia. It's located at 73 Union St.

There are no entry fees and donations will be accepted at the door.

The First Place prize is $150 and there will be other awards presented to the top talent.

All monies raised will be donated to a new local chapter of the Make Some Noise Foundation, which raises money and awareness to defeat pediatric cancer.

For more information, contact Sharon Korzelius of Notre Dame High School at: sharon.korzelius@ndhsbatavia.com

Spring Bouquet Sale March 5-7 benefits home care and hospice patients

By Billie Owens

Press release:

The HomeCare & Hospice Guild’s 19th Annual Spring Bouquet Sale is set for March 5-7.

“The Spring Bouquet Sale really demonstrates the power of a flower. By purchasing a Traditional Bouquet for $8 or a Bouquet of Hope for $16, you can make a difference and know that your dollars go towards care for HomeCare & Hospice patients in your community,” said Linda Cummings of HomeCare & Hospice.

Traditional bouquets, consisting of nine vibrant floral stems, cost $8 each. The larger Bouquet of Hope, consisting of 18 floral stems, costs $16.

Bouquets will be sold at HomeCare & Hospice offices in Batavia and Warsaw, as well as the following locations:

  • Batavia Downs, 8215 Park Road – 3 to 6 p.m. (March 5 only)
  • United Memorial Medical Center North Campus, 127 North St. -- 9:30 a.m. to 5:30 p.m.

The Batavia office is at 550 E. Main St. Phone is 343-7596.

Proceeds from the annual sale benefit terminally ill patients and their families in Genesee, Wyoming, Cattaraugus, and Allegany counties. HomeCare & Hospice is the only Medicare-certified Hospice provider in those counties.

Proceeds will also support services for the frail elderly, disabled and those recovering from advanced illness. Contact  Linda Cummings at 343-7596 or visit <http://www.homecare-hospice.org> for additional information.

HomeCare & Hospice, a United Way Member Agency, is an equal opportunity provider and employer.

Law and Order: Man accused of installing illegal water line

By Howard B. Owens

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, is charged with theft of services. Hilchey is accused of installing a water supply line at the Oakfield Fire Department at a location prior to the Village of Oakfield water meter, allowing himself and others to use water before it could be measured.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, is charged with criminal possession of stolen property. Metcalf was arrested at her residence on a warrant out of Town of Oakfield Court. She was arraigned and released under supervision of Genesee Justice.

Bryan S. Harris, 30, of 50 Montclair Ave., Batavia, is charged with harassment, 2nd. Harris is accused of pushing another person against a vehicle.

Michael L. Titus, 28, of 71 S. Main St., Batavia, is charged with strangulation, 2nd, and harassment, 2nd. Titus is accused of choking and punching a victim during an argument. Titus was jailed without bail.

John L. Taggert, 31, of 16 N. Lyon St., Batavia, is charged with harassment, 2nd. Taggert is accused of shoving a family member against a wall. Taggert was jailed on $1,500 bail.

Hawley joins in anti-SAFE Act rally in Albany

By Howard B. Owens

Press Release:

Assemblyman Steve Hawley (R,I,C-Batavia) recently joined the National Rifle Association, the New York State Rifle & Pistol Association, SCOPE and a large group of Second Amendment supporters at a rally outside of the Capitol that drew more than 5,000 attendees from Western New York and across the state. The event was held in opposition to the gun control legislation forced into passage in January. Approximately 48 hours after announcing the launch of his petition to repeal the law, the assemblyman has received more than 700 signatures.

“The attendance and response at the Second Amendment rally were like nothing I’ve ever seen during my time in state government,” Hawley said. “Between the enthusiasm at the event and the overwhelming response to my petition to repeal the gun control legislation, the people have spoken loud and clear, saying that ‘Our rights shall not be infringed!’ Democracy was betrayed by the hurried passage of this law, but the grassroots response from law-abiding gun owners continues to be a shining example of democracy in action.” 

Video of Assemblyman Hawley speaking about the Second Amendment can be found by clicking here or by visiting http://www.youtube.com/watch?v=c0aM_qWCIDI&feature=youtu.be. The petition to repeal the gun control legislation can be found at bit.ly/HawleyPetition or by visiting http://assembly.state.ny.us/mem/Stephen-Hawley/story/50987/.

Gas line broken at residence on Knapp Road, Pembroke

By Howard B. Owens

A gas line at a residence at 699 Knapp Road was broken after being hit with an object, resulting in what a dispatcher called a "major gas leak."

Pembroke and Indian Falls fire departments responding.

A chief on scene reports that a regulator is snapped off and he'll be able to shut off the gas once he gets some tools.

National Fuel is being notified.

UPDATE 11:45 p.m.: A chief reports the gas has been shut off from outside the house. The regulator at the meter will need to be replaced. National Fuel is sending a crew. There is no gas inside of the house. Pembroke and Indian Falls going back in service.

UPDATE 11:48 p.m.: A chief reports on how the regulator was broken: "There was a broken chair inside the residence. He threw it outside and it caught the regulator just right."

More Wiss talk at Village of Le Roy meeting

By Howard B. Owens

The Wiss Hotel building was once again a topic of discussion at the Village of Le Roy Trustees meeting last night. I was unable to attend because of all the trash talk at the Batavia City Council meeting, so I called Mayor Greg Rogers and LLC proponent Bob Fussell for their take on the meeting.

The meeting started with a presentation by Town of Batavia Code Enforcement Officer Dan Lang (who is mentoring new Town of Le Roy Code Enforcement Officer Jeff Steinbrenner). Lang recommended going through the process of declaring the building an unsafe structure.

Former mayor Jim DeLooz gave about a 10-minute presentation on the Wiss and the likelihood it could be restored. DeLooz is against saving the building. The presentation was well documented and well prepared, Rogers said.

Jerry McCullough, a local contractor, also spoke. He favors saving the Wiss building and believes it can be restored. Fussell said McCullough has experience with building restoration and has said he's taken on projects in much rougher shape than the Wiss.

Joe Condidorio, from contractor Whitney East, also spoke in favor of saving the Wiss and expressed concern that once the Wiss comes down, other buildings will come with it, damaging the character of the village.

"I think it was very important that Joe Condidorio and Jerry McCullough spoke and spoke in support of the idea that restoration is very doable," Fussell said. "They are very well respected in the community."

Bill Farmer, who has his own restoration project in progress at the Creekside Inn, also spoke in favor of saving the Wiss, saying it was important to preserve the character of the village, Rogers said. Fussell said Farmer was very critical of the destruction of the buildings that were removed to build the Walgreens. 

Farmer did not address the status of his own project.

There were also other speakers in favor of saving the Wiss.

Fussell described the trustees as interested and engaged in the conversation.

"It was a very comfortable meeting," Fussell said. "It was non-confrontational and very relaxed."

He said the LLC supporters there came away feeling it was the most positive meeting to date about the Wiss.

There is an RFP in place for contractors to bid on taking down the Wiss building. Contractors are scheduled to tour the building tomorrow, Rogers said, and that's the last time there will be people allowed inside the building until this issue is resolved.

Bids are scheduled to be opened at 3 p.m., March 8, at the Le Roy Village Hall.

Superintendent warns possible sequester could mean cuts to vital education program

By Howard B. Owens

Looming federal budget cuts could mean cuts in one of Batavia City School's most needed programs, Superintendent Chris Dailey told WBTA today.

AIS (Academic Intervention Services) helps students in both math and English as well as special education.

Those are some of the students most in need of help, Dailey said.

The cuts could range from $75,927.40 to $121,283.84 and would be implented if the so-called sequester takes effect after a Friday deadline.

“It’s very scary because New York state still isn’t providing public schools with the level of funding that they did in 2009-10,” Dailey said. “On top of that now, the federal government is pulling out money that they give to schools that have students that are at or below the poverty rate and we are one of the districts that have a high percentage of that. They’re taking money away to help our highest-needs kids in a political game.”

There will be a rally in Geneseo Friday to encourage lawmakers to protect education funding. To reserve a spot on the transportation shuttle or more information on the event, call the district office.

O-A student named to All-WNY Academic Team

By Howard B. Owens

Press release:

An Oakfield-Alabama Middle-High School senior has been named to Business First's 2013 All-Western New York Academic Team.

Jennifer Crossen (First Team) has qualified for this year's list of the 100 most outstanding high school seniors in the eight-county region.

Winners were chosen for their records of academic excellence, school leadership and community involvement. The top 25 were named to the First Team, 25 runners-up to the Second Team, and another 50 to the Special Mention list.

"This is an extremely exclusive award," said Jack Connors, president and publisher of Business First. "There are roughly 20,000 seniors in Western New York's high schools, and we've selected only 100 for this year's Academic Team. That's the upper one-half of 1 percent. They're truly the best and brightest students anywhere in our region."

Schools throughout the eight-county area were asked to nominate their smartest and most accomplished students for consideration by an eight-member committee, which included six admissions directors at area colleges and two Business First editors. A total of 121 schools responded with 437 nominees. (Each school was limited to four candidates.)

The complete list of 100 honorees -- along with their photos and profiles -- will be published in Business First's 2013-2014 Guide to Western New York Schools, which will hit newsstands on June 14.

Unanimous Genesee County Legislature calls for repeal of SAFE Act

By Howard B. Owens

Add Genesee County to the official list of government agencies and local organizations that are calling for a repeal of Gov. Andrew Cuomo's SAFE Act.

The legislature on Wednesday, in a unanimous vote, approved a resolution that will be sent to Albany and Washington calling on elected officials to protect the Second Amendment.

Local residents and gun-rights supporters attended the meeting to encourage the legislature to approve the resolution. Many said the SAFE Act was hastily enacted and infringes on the rights of citizens to own firearms.

“There’s no reason for having people who didn’t commit any crime be punished for something that never took place, especially in our state," Darien resident Dave Alvord said. "It’s just another way to take away their freedom.”

The resolution is merely advisory. It will take Albany politicians to make any changes or repeal the act.

“What we are doing here tonight is we are sending our message to those who are mentioned at the end of the resolution," Legislator Shelley Stein said. "So it would go to the president of the United States, the two U.S. senators, our U.S. congressmen, followed by our governor and our two legislative representatives.”

Voices are rising up across the state to protest the law, and that's a good thing, legislators said.

“It’s extremely important to send that message to our governor, to our legislature, to anyone that will listen," Legislator Esther Leadley said.

The state county clerk's association as well as the sheriff’s association have denounced the law already.

“There’s certain areas we’re in agreement with and there’s areas we’re not in agreement with," Sheriff Gary Maha said, "particularly the ban against assault weapons, the broad definition of assault weapons, (and) and the seven-round clips to me is kind of ridiculous. So there are areas that we feel infringe upon Second Amendment rights.”

It's unusual for legislators to meet before a full house of concerned citizens, but the bill already had proven to have strong backing from the legislators. It passed two previous committees unanimously.

Ray Cianfrini, who first brought the resolution to the legislature, was unable to attend Wednesday's meeting, so the final vote was 8-0.

WBTA contributed to this story.

Applications being accepted for course in food processing

By Howard B. Owens

Press Release:

The Genesee County Economic Development Center (GCEDC) announced that applications to its Food Processing Training Program are available beginning March 4th. The deadline for submitting applications is April 15.

Applications will be available at the Genesee County Career Center, located at 587 E. Main St., Suite 100, Eastown Plaza in Batavia. Applicants will need to complete a Customer Registration Form at the Genesee County Career Center as well as submit an up-to-date resume, and, if required, participate in a math/reading test and a follow-up interview.

“This is a very exciting initiative because it is an integral component of our business operations, creating opportunities for employment for our residents,” said GCEDC Chairman Charlie Cook. “The program also continues our commitment of collaboration among various public and private sector partners throughout the community.”

In addition to receiving a non-credit certificate from the Genesee Community College (GCC), participants will have a permanent record and transcript for successful completion of the program. They will also receive certificates in Lean Systems Six Sigma Yellow Belt (Rochester Institute of Technology), Team Building (GCC), Basic Dairy Science & Sanitation Certificate (Cornell University), and an OSHA Certificate for Safety in a Manufacturing Environment (GCC).

The training program, developed by GCEDC, GCC, RIT and Cornell University, will benefit the area’s existing food-processing companies. It will also prepare a workforce for companies in the Genesee Valley Agri-Business Park.

The training program is being funded by an Area Development grant obtained by the GCEDC from the National Fuel Gas Corp. with additional financial support from the Finger Lakes Food Cluster Initiative — funded by the Department of Labor's Employment and Training Administration in the amount of $38,000 or 28 percent of the program. The program is expected to train approximately 120  people while creating a model for future food processing and technology training programs.

“If we are to continue to market and grow the food-processing industry we need skilled and educated workers,” said Steve Hyde, president and CEO of the GCEDC. “The investment we make to train and educate our workforce is just as important as the investment we make in bricks, mortar, water, and sewer infrastructure that makes our properties shovel-ready to bring business here.”

Law and Order: Warrant suspect reportedly resisted arrest at DSS office

By Howard B. Owens

Samantha Mary Williams, 32, of Lake Street, Le Roy, was arrested on bench warrants for alleged robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. She is also charged with resisting arrest. Deputy John Baiocco reportedly attempted to arrest Williams at 2:15 p.m., Wednesday, in the lobby of the DSS office. Williams allegedly resisted arrest. Deputy Joseph Graff assisted in the apprehension. Williams was jailed on $10,000 cash bail or $20,000 bond. Williams is reportedly also wanted by Batavia PD on a resisting arrest warrant.

John James Slack, 27, of Exchange Street, Attica, is charged with burglary, 2nd. Slack is accused of entering a residence in Alabama sometime over Father's Day weekend and stealing electronics, jewelry, money and other property. Slack is incarcerated at the Attica Correctional Facility on an unrelated matter.

Michael John Antonucci, 30, of Alexander Road, Alexander, is charged with menacing, 2rd, and harassment, 2nd. Antonucci is accused of pushing a person against a refrigerator and throwing a glass bowl and plate in her direction. An order of protection has been issued.

Possible suspect in Sally Beauty robbery hospitalized after arrest in Owego

By Howard B. Owens

A 62-year-old Attica man is in an Owego hospital after allegedly being caught in the act of robbing a CVS Pharmacy in that city.

The man is considered a person of interest in the Sally Beauty Supply store robbery in Batavia on Feb. 9, according to Deputy Chief Jerome Brewster.

The same man is also considered a suspect in robberies in Corning and Big Flats. (More)

In all four robberies, the perpetrator wore a black ski mask and carried a big knife.

According to a news report, Owego police officers responded last night to a call of a robbery in progress at the CVS store and confronted a suspect. The suspect reportedly fled on foot and after a two-block foot chase, he was tackled.

Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken arms legs and cuts.

The suspect in the Owego robbery has been identified by law enforcement sources as John R. Malowsky, a registered Level 3 sex offender with prior convictions for assault, 2nd, and robbery, 3rd, in 1976 and two counts of robbery, 1st, sexual abuse, 1st, and rape ,1st, in 1983 in Genesee County. He was sentenced to 12 to 25 years in prison, reportedly released sometime prior to May 2011, violated parole and re-incarcerated. He was released from prison most recently in October.

Brewster declined to specifically name Malowsky as a suspect, but did say that the man arrested in Owego was the same person Sheriff's investigators had been looking at.

The Sally Beauty store person of interest was interviewed by investigators earlier this week at his place of employment. After that, his wife reported him missing, Brewster said.

"We were putting together a pretty darn good case," Brewster said. "We interviewed him and then he disappeared."

The person contacted by the Sheriff's Office as a person of interest was brought to the attention of investigators, Brewster said, by a parole officer who said he recognized the possible suspect vehicle identified in media reports.

No charges have been filed yet in any of the four suspected robberies.

Alecia Kaus contributed to this story.

Genesee ARC ramping up to compete in private marketplace for trash pick-up

By Howard B. Owens

Genesee ARC Executive Director Donna Saskowski told reporters Wednesday night that the local media can help get the word out: "We're ready to be in the trash business."

Of course, ARC has been in the trash business for 28 years, but things are about to get a whole lot different.

Now that the City of Batavia is apparently getting out of the trash business completely -- if approved, the cost of collecting trash will no longer be part of property taxes -- ARC will need to come up with its own fee structure, develop its own customer database, handle its own billing and compete in a new market that will likely include garbage collection heavyweights such as Waste Management and Allied Republic.

Wednesday night, the city council approved public hearings at 7 p.m., March 11 for a revised budget that lowers the tax rate and removes from the city's solid waste law all city responsibility for garbage collection.

The changes, if approved by the council, would mean city residents would start contracting with their own garbage hauler -- or take their garbage to a transfer station themselves -- beginning June 1.

By removing garbage from the city budget, but extending ARC's contract for two more months, the 2013-2014 property tax rate will be $9.30 per thousand of assessed value.

While that is still a 13.17-percent decrease over the 2012-2013 tax rate, it's slightly higher than the proposed tax rate had the original trash collection proposal been approved.

The adjusted tax rate is necessary to fund the $185,000 in additional expense for providing garbage service through ARC to city residents in April and May.

As soon as the new garbage collection law is approved, the city will begin the process of notifying residents. Each property owner will receive a letter along with a list of known trash haulers that might provide service in the City of Batavia.

It will be up to each resident to contact a preferred hauler and arrange for service.

Molino said he would anticipate from two to five haulers deciding to provide service to city residents.

Saskowski said ARC is preparing a plan to become one of the private haulers that offers service to city residents.

While getting to this point was painful for everybody involved, Saskowski said, the change does represent an opportunity for Genesee ARC.

The agency is looking at expanding service into the Town of Batavia and maybe adding a transfer station to its West Main Street Road location.

Expanded services would likely mean more opportunity for ARC to fulfill its primary mission, which is to provide employment opportunities for people with disabilities.

"I wish the process had been a little easier," Saskowski said. "I think it's been hard on everybody, ARC, city management; it's been a tough thing for the whole city. I hope soon everything can be resolved and people can go back to not being angry and upset."

There are still logistical questions for ARC to work out, such as how to handle billing (possibly through a vendor), and whether to offer a flat-fee service or a pay-per-bag service.

ARC will of course continue to collect recycling, and will collect recycling regardless of the source -- paying customer or not, Saskowski said.

"We will pick up recycling from whoever wants to give us recycling, or they can bring it to us," Saskowski said.

The new law will put the entire burden for getting rid of trash and recyclables on the residents or business owners in the city.

Some key points of the new law:

  • No specified trash days. Trash haulers will pick up garbage on their own schedule and inform their customers of that schedule;
  • Containers are not specified. Trash haulers will tell you whether they will pick up bags, cans or totes (and haulers that use totes will presumably provide the totes);
  • Residents cannot put out their garbage before 3 p.m. prior to their specified collection day;
  • Residents will have 24 hours to store their empty cans or totes after collection;
  • Code enforcement officers will tag homes that have excess garbage piled up and that violate other terms of the ordinance;
  • If you're able to get your trash to a transfer station yourself, you are not required to have a private hauler at all.

The city isn't planning on any additional expense for code enforcment, City Manager Jason Molino said.

"Right now, it's premature to assume we're going to have problems or to what extent we do," Molino said.

For the first 30 to 60 days, the city's code enforcement officers may engage in a stepped-up enforcement effort with a zero-tolerance policy to help educate noncompliant residents of the new law, Molino said.

Property owners -- whether owner-occupied or landlords -- who own properties that don't comply with garbage collection requirements face possible fines and the cost of clean-up.

The change in the law gets garbage collection off the city's books, which Molino said is important in a day and age where expenses need to be trimmed from municipal budgets.

Just like offloading the city's dispatch center and ambulance service, there is one less expense on the city's budget under this plan.

"It's a very costly service and we just don't have the ability to continue to provide it," Molino said.

Molino indicated he still thinks the original proposal -- a single franchised contractor for the entire city, but still fee-based rather than tax-based -- was in the best interest of residents.

"I don't think we went into this thinking, 'how are we going to get out of the trash business?' " Molino said. "We went into this thinking how can we provide the most efficient, cost-effective service possible."

Top Items on Batavia's List

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