Business

Press release:

The Batavia Business Improvement District (BID) is pleased to announce the beginning of the season for the Genesee Country Farmers’ Market located at the Downtown Batavia Public Market.

The market is located at Bank and Alva streets and will operate from 8 a.m. to 5 p.m. on Tuesdays, Thursdays, and Fridays beginning this Friday, June 10^th until Oct. 28^th.

The market will offer fresh fruits, vegetables, flowers, coffee, crafts and more.

Please come this Friday to join the many others who support the newly merged markets and to support the Downtown with this new venture.

For questions regarding the market, please contact Market President Bob Austen at (585) 991-8339.

Just 10 years ago, Batavia was a city barely hanging on. Nobody could imagine, said City Manager Jason Molino, that things would have turned around enough by 2016 that Batavia could be a serious contender for a $10 million prize in a competition for downtown revitalization projects.

Genesee County Economic Development Center CEO Steve Hyde said Batavia is certainly a top contender in the Finger Lakes Region because of the progress made, the joint initiatives underway, the recent wins in job creation in Genesee County. 

Gov. Andrew Cuomo loves competitions for economic development, Hyde said, and Finger Lakes came out on top a few years ago in a competition of the state's 10 economic development regions, winning a $500 million prize. Of that $500 million, 34 percent is earmarked for use in Genesee County, primarily at the high-tech Science, Technology and Advanced Manufacturing Park (STAMP) in Alabama. With Dairy Farmers of America taking over the $200 million Quaker Muller food processing plant in the ag park, and 1366 Technologies heading into STAMP, Batavia his hitting all the high points the governor's office looks for in these competitions.

"(At build out), we're talking about 30,000 to 50,000 direct and indirect jobs in the region," Hyde said. "In the Finger Lakes Region, what other community is poised to benefit off that job growth more than Batavia? It will be difficult for any other community."

Stiff competition may come from Rochester, which is battling one of the highest poverty rates in the nation, and fighting poverty is a key goal of the governor's office, but Rochester also got $100 million from that $500 million prize for its anti-poverty efforts. The $10 million could have a bigger impact in Batavia, which could be a factor in the prize consideration.

"The $10 million is a potential drop in the bucket in terms of explosive transformation for Rochester," Hyde said. "The state likes to look at the leverage model and when it looks at $10 million in Batavia and what it could do in Rochester when they have $100 million already committed, they will look at the marginal benefit. That's just my personal view."

Every city and several villages and towns in the Finger Lakes Region are competing for the same $10 million prize, and we should know by the end of June which community wins the award, which would be spent on projects over a five-year period.

Yesterday's panel discussion at the Generation Center on Center Street, with Molino, Hyde, Economic Development Coordinator Julie Pacatte and County Manager Jay Gsell, was a chance to share with the community how Batavia will respond to the application request and gather feedback on how the questions will be answered.

"You would think for a $10-million prize, they would have a 40-page stack of paperwork, but it's just a two-page application," said Councilman Adam Tabelski (inset photo), who moderated the discussion.

The application needs to address issues about downtown boundaries, mixed use, walkability, public gathering places and economic opportunity.

The city already has traction in some key initiatives, Molino said, most notably its brownfield program, known as the Batavia Opportunity Area, or BOA. An experienced brownfield developer has already committed to redeveloping the former Dellapenna building on Ellicott Street, and there is interest from developers in the city's other four target BOA areas.

"Over the past 18 months, we've seen the most interest yet in investment in Batavia," Molino said.

Just an announcement that the city won the prize, if it won, would generate even more interest, Molino said.

Pacatte said Batavia is getting developer attention because of its mixed-use potential. Downtown scores well on walkability ratings; it has parks and open space, both retail and business space and the city's initiative to bring quality housing to downtown has been tremendously successful. The BDC helped developers open up nine refurbished apartments downtown, and all were leased immediately. The apartments at the former WBTA building at Swan and East Main are also all rented, even though two of them have not yet been completed.

"We think that's a great testament to what can happen in our market," Pacatte said. 

Pacatte also revealed that in addition to a microbrewery and restaurant incubator being planned by Matt Gray and Jon Mager for the former Newberry building on Main Street, they are also planning a $1.5 million investment to convert the second and third floors of the building into apartments.

Gsell said the city's investment in infrastructure, notably the current work on Washington Avenue, is a further sign the city is moving in the right direction and creating an environment developers will find attractive. 

Other projects in Batavia's favor, Molino said, are the flood insurance rating program, which has helped reduce the cost of flood insurance for affected properties by 15 percent, and Batavia's first-in-the-state zombie property law. Batavia is showing tangible success in dealing with zombie properties, which is still unique in the state.

All of these efforts will give Batavia a good start on dealing with its own poverty rates, Hyde said, and putting people to work and reducing poverty is the main reason all of these economic develop efforts exist in the first place. 

"If we say we're a democracy and we're a free enterprise society, then we address the poverty issue," Hyde said. "The only way we get a society to function well is if we create opportunities for everybody."

The video below is part of Batavia's application for the prize.

The Batavia Business and Professional Women’s Club (BBPW) 2016 Scholarship Committee awarded scholarships Thursday to five Genesee County high school, two Genesee Valley Educational Partnership (GVEP) and one Genesee Community College students. They were presented at the club's June Banquet at Batavia Country Club.

The 2016 Scholarship Award winners pictured from left above are: Jennifer Yuhnke (GVEP), Heidi Young (GCC), Emily Sherman (Notre Dame HS), Alyssa Wilson (GVEP), Noelle Bartz (Batavia HS), Luca Zambito (Notre Dame HS), Jordan D’Alba (Oakfield HS). Also pictured are Vicki Wolak (president of BBPW) and Brenda Chapell (chairwoman of BBPW Scholarship Committee. Recipient Emma Patterson (Pembroke HS) is not pictured.

The high school students each received a $750 check to support their educational and career goals. These scholarships are open to Genesee County high schools seniors (male or female). Each student maintained a grade-point average of 85 percent or higher, completed a one-page BPW application with a letter of recommendation from a school staff member, and submitted a personal essay discussing their achievements and future goals, as well as an essay from a parent. The finalists were interviewed by the BBPW Scholarship Committee in May and were notified by one of the scholarship committee members.

The Genesee Community College (GCC) adult student received a $500 scholarship award. The selection process for the GCC award is completed by the Genesee Community College Foundation.

The Genesee Valley Educational Partnership (GVEP) students each received a $250 scholarship award. These students were selected through the GVEP, Student Services Committee.

Additionally, BBPW club members voted at their May Meeting on the Service Awards to be distributed and this year. Four $300 checks were awarded. Pictured from left are: President Wolak, Luann Henry (chairwoman of BBPW Service Award Committee), Patricia Arnold (Genesee Cancer Assistance), Anne Barone (Crossroads House), Ed Spence (Operation Injured Soldiers), Jim Duval (Bethany Volunteer Fire Department). To be considered for the service award, a letter written on appropriate letterhead had to be sent to the BBPW requesting consideration.

To find out more about BBPW scholarships and service awards visit this web page:  http://bataviabpw.wordpress.com/scholarship

The next fundraising event is Oct. 15 -- the Basket & Live Auction and Dinner being held at the Ascension Parish Hall on Sumner Street in Batavia. Doors open at 5 p.m. and dinner will be served at 6. Basket drawings and live auction to follow. The theme is Mexican Fiesta. Tickets are on sale now for $20 or two for $35. All proceeds from this event benefit Genesee County scholarships and the service organizations.

To purchase tickets or donate to the auction, please contact Michelle at 585-297-0779 or send an e-mail to bataviabpw@gmail.com.

A TV monitor that scrolls a continuous loop of ads for local businesses and things of interest in the county will soon be found in the Batavia DMV Office.

On Wednesday, the Ways and Means Committee approved County Clerk Michael Cianfrini's request for permission to install an AdMonitor on a wall inside the DMV, at no cost to the county, other than the electricity used to run it.

"I'm really interested in advertising the motor vehicle office, to (encourage people to) renew locally," Cianfrini said. "We found that a lot of people have no idea that if you go online and do your transactions, that the county gets nothing. They assume it's the same whether you do it in an office or out of office. So it's a good way to get the word out."

The system is prerecorded, with the information provided to AdMonitor, which supplies the equipment, services it and replaces it if need be.

The monitor will feature advertising for local businesses and the county will have five ad spots to call attention to whatever they'd like to call attention to -- from reporting welfare fraud and notifying the public of upcoming immunization clinics, to Youth Bureau activities or happenings at the fairgrounds or the county Park & Forest.

"They also intersperse trivia and other little things to keep people entertained while they wait," Cianfrini said.

Wait? What wait?

"The times I've been in your office, I didn't have to wait," said Committee Chairman Bob Bausch. "I think you move us through pretty doggone quick!"

Whatever is displayed can be switched up and changed from time to time, of course. 

"I've seen this in several restaurants. It does grab your attention. Because I like to play trivia, it's kind of cool," Committee Member Ray Cianfrini. "But you may have a captive audience, like the Department of Social Services, where you have a waiting-room situation, and it soothes the crowd."

Committee Member Rochelle Stein asked if there is any opportunity to make money with it.

No, the county clerk said, but by calling attention to specific activities or promotions, there's the potential to increase foot traffic and participation .

More AdMonitors are possible down the road, the clerk and committee members said, possibly at the DSS and the Office of the Aging on Bank Street.

A roomful of business and community leaders heard today from Vincent Esposito, director of Empire State Development’s Finger Lakes regional office, as he talked about the economic development opportunity and effort both regionally and in Batavia.

The gathering comes prior to meeting at 6 p.m. Tuesday at City Hall were officials will discuss Batavia's application for the Downtown Revitalization Initiative, which is a regional competiton with a $10 million prize. CORRECTION: It's at 5:30 p.m., Monday, at the Generation Center.

Batavia has a good shot at the prize because of all the work already put into improving Downtown, most notably the Batavia Opportunity Area, which has 10 brownfield revitalization projects already in the pipeline.

The Finger Lakes Region has already been a big winner in a statewide competition fro regional economic development areas, receiving a grant of $500 million from the state for projects in the region.

There are three main areas of focus for those funds, Esposito said:

• Eastman Park in Rochester;
• Downtown Rochester; and,
• The STAMP project in Genesee County.

About 50 percent of the $500 million are going to projects in Monroe County, Esposito said, and the rest is spread out in the other county's in the region; however, about two-thirds of that 50 percent is going to Genesee County, he said.

The primary goals of the Finger Lakes regional office is job creation, regional wealth creation, increase private investment and reduce poverty.

In the past five years, economic development activity has created 20,000 new jobs, he said.

The projects expected over the next five years, he said, will result in $6.4 billion in private investments and a conservative estimate of 8,200 new jobs.

"We want to keep that commitment low and then over deliver," he said.

The main economic engines in growth for the region he said are optics/photonics, agriculture and food processing and high-tech wafer and chip manufacturing.

The third area is where GCEDC's STAMP project comes in and why it's attracting a big chunk of the funds from the Finger Lakes Region.

"If ever there was a time to be optimistic about your future, this is it," Esposito said.

Press release:

TenCar, a woman-owned medical devices and equipment company founded by Genesee County resident Georgann Carrubba, RN, has launched a crowdfunding campaign as the company looks to start the evaluation and initial manufacturing phase of its Choice Cap product.

Funds generated will be used to build initial evaluation units for further customer feedback prior to pilot production in 2017.

TenCar’s Choice Cap is prosthetic appliance for active-lifestyle colostomy and ileostomy patients. It provides patients with a simple but secure attachment method, which includes a lightweight, airtight, molded waterproof cap to be worn with or without the traditional soft inner pouch. This added protective barrier offers greater resilience to motion and activity, giving the wearer protection against leakage and escaped odors that are common in everyday activities.

TenCar is the first start-up company to come out of the Genesee County Economic Development Center’s Innovation Zone which was launched in 2015. The company is interested inkeeping manufacturing in Batavia.

“We feel a strong obligation to the local community as a result of the great support we have received in getting our company off the ground,” Carrubba said. “We are confident that a crowdfunding initiative will receive similar support as we look to advance the company to next level of growth, which in turn will create new jobs.”

Crowdfunding is commonly used to generate funds and often involves a number of people making donations to a venture or business initiative. Crowdfunding presents the opportunity for individuals to support a company in its early stages of startup to bring their products and/or services into the marketplace. In this instance, those who support TenCar’s crowdfunding will be recognized and acknowledged by the company as well as receive gifts for their support, but will not receive shares in the company.

“While we are a small community we love when one of our own has a great success story to tell and in this instance it’s about someone who has developed an innovative medical product that could lead to the creation of new jobs,” said Steve Hyde, president and CEO of the GCEDC.

Carrubba is a Batavia native and graduate of the Genesee Community College School of Nursing. She has been working with various groups and organizations, including the GCEDC, High Tech Rochester, Launch NY, and the University at Buffalo’s New York State Center of Excellence in Bioinformatics and Life Sciences (CBLS), as well as many other partners at the Innovation Zone at MedTech Center for the past year.

Below are links to the Indiegogo crowdfunding website and a video from TenCardescribing its revolutionary new medical device the Choice Cap System:

Video: https://www.youtube.com/watch?v=a9k6MRnvWpww

Learn more about TenCar’s crowdfunding campaign: https://www.indiegogo.com/projects/choice-cap-system-a-better-ostomy-device

 Movies in Motion, owned by Jeff and Lynda Edenholm, has survived a crosstown move, a couple of recessions, the arrival of red boxes and red envelopes, and even the age of streaming entertainment, for 20 years and that has a lot to do with the kind of customer service you can only get from a mom-and-pop shop, Lynda said.

"We know all of our customers by name," Lynda said. "We don't even have cards."

Movies in Motion opened on Clinton Street Road and Seven Springs Road on May 31, 1996. They moved a little over eight years ago when R&D Outlet acquired the building for its own retail location. The Edenholms picked a small storefront at 511 E. Main St., Batavia.

Some people still like the physical CD, others don't have Internet access and there's no contracts or long-term commitments, and that has kept a core of customers loyal to the store, Lynda said.

The 24/7 dropbox helps, too.

Like any true entreprenuer in a competitive environment, the Edenholms have never been afraid to try new things. They've sold skateboard and video games, pizza and ice cream, and a year ago they started selling handcrafted wooden furniture and handpainted wooden signs. Both new sidelines have been a boost to the business, they said.

"There's no place else in town where you can get handpainted, custom signs," Lynda said.

Jeff builds all the furniture and the Edenholms are pleased with the progress that business venture is making.

Last March, Jeff and Lynda also celebrated their 30th wedding anniversary.  

"It's been hard," Lynda said. "When we get home, there's nothing to talk about because we've enjoyed each other all day, so we watch movies."

Jeff and Lynda have two adult children and a grandchild.

While the furniture and signs have been a great addition to the business, DVD rentals are still Movies in Motion's bread and butter.

Lynda said they enjoy providing family entertainment and serving the residents of Genesee County.

"We don't think of it as work, as a job," Lynda said. "We get to do what we love to do."

Movies in Motion is open from noon to 9 p.m. Sundays thru Thursdays, and noon to 10 p.m. Fridays and Saturdays. The Edenholms now take holidays off to spend more time with their grandchild. For more information, call (585) 343-0971.

City Church is expanding, but it's not moving. The popular Downtown evangelical church recently closed escrow on its purchase of the St. Anthony's Roman Catholic Church on Liberty Street on the city's Southside, which was owned by the Diocese of Buffalo.

The purchase also includes St. Anthony’s School, with a full gymnasium, a full kitchen and adjoining dining area, the rectory and a house.

But it's keeping the old movie Mancuso Theater that is now City Church, as well as its meeting facility off Center Street called The Generation Center. 

"We're 100-percent owners -- signed, sealed and delivered. We're very thankful for the property," said City Church Pastor Marty Macdonald this afternoon. "We're excited about the future. We felt this was a God-honoring opportunity."

"We're very interested in the gymnasium, and in helping preserve the heritage of the building," Macdonald said.

There are repairs to be done and plans for things to come, but the pastor said those are not yet finalized. But the name will remain the same, he said.

Meanwhile, City Church is planning a blockbuster block party this summer.

"We love being Downtown, on Main Street in Batavia," he said. "That is our home and will always be our home. We want to continue to help and brighten the city."

St. Anthony's Church closed more than three years ago. The school closed in 2006.

Press release:

Come out and support the animals of the Genesee County Animal Shelter by donating scrap metal.

Volunteers for Animals are collecting scrap metal to raise money for the animals from 11 a.m. to 3 p.m. on Saturday, June 4th and Sunday, June 5th in the parking lot at the shelter, located at 3841 W. Main Street Road, Batavia.

Metal of any kind will be accepted: railings, doors, garbage cans, file cabinets, bicycle frames, gutters, pipes, poles, fencing, window frames, lawn furniture, tools, shelving, washing machines, dryers, stoves, wheel barrows, wagons, etc.

We CANNOT take propane tanks, air-conditioning units, or refrigerators.

Scrap service provided by Ed Arnold EAS Scrap Processors of Corfu.

UPDATE 12:58 p.m., June 1: Due to the overwhelming response from donors wishing to have their scrap metal items picked up, the Volunteers for Animals are going to be extra busy doing just that between now and the weekend. So people are encouraged to find a way to bring their own scrap metal donations to the site, if arrangements have not already been made.

Most people, perhaps, in Kati Mancuso's position wouldn't choose the circumstances of her life as a time to open a new business, especially one as emotionally and physically demanding as a restaurant.

But this week, that's what Mancuso did, opening Kati's Place at 40 Oak St., Batavia.

Even though Mancuso now lives in Rochester, she came back to Batavia because this is where her friends and customers are. She started in the restaurant business at 16 at Scooter's in Batavia, moved on to Scooter's in Le Roy, and eventually opened Kati's Place in Le Roy.

She had to close that restaurant after a drunken driver slammed into her car and she suffered a broken back.

She wanted to get back in the business, but took time off for the birth of her son.

"I could have opened a restaurant in Rochester and started over, but I’m so close to so many people and so many customers and they’ve been like my family over all these years so I wanted a place they could come to, so that’s why I came out to Batavia to do it," she said.

After her son was born, she found a pencil-size lump on her arm. It turned out to be a rare form of melanoma. She had a 9.7-millimeter tumor removed. She's had all the lymph nodes on her right side removed. She went through six weeks of chemo, five days a week, and then five weeks of chemo for three days a week. She's had five major surgeries and two minor surgeries.

The original prognosis was a 16-percent chance of surviving past a year.

She's not giving up.

"I felt like I was either going to lay there and die or do something that I love," Mancuso said. "This keeps me busy and keeps me moving and I think I just have to keep a positive attitude and know that I’ll be all right. I know the diagnoses isn’t good, but it’s OK."

Mancuso said every day is hard, but she has her seven employees to help her out and her customers to keep her spirits up.

"These people have been like my family and it gives them someplace to go and enjoy good food that is homemade, that’s not fast food," Mancuso said.

Kati's Place is open seven days a week, from 7 a.m. to 8 p.m., Monday through Thursday, to 9 p.m. on Friday and Saturday, and to 3 p.m. on Sunday. It's a diner with about a dozen tables and take-outs are available. The phone number is (585) 250-4483.

Mark Williams, with the Tompkins Bank of Castile, holds one of the baskets available in a charity raffle at the Batavia branch on East Main Street.

Funds from the raffle of the two baskets of wine and other gifts will benefit Relay for Life in Wyoming County.  

Raffle tickets are available through the drive-up or when you walk into the branch.

After the alleged name calling, a key issue in the latest legal filing from the attorney representing the Cleere and Collins families against Frost Ridge is the alleged violation of the state's open meeting law by Le Roy's Zoning Board of Appeals.

The plaintiffs allege:

• Neighbors within 250 feet of the Frost Ridge property were not mailed notice of the Dec. 17 public hearing held by the ZBA on the interpretation of the zoning law and prior, non-conforming use at Frost Ridge;
• That the ZBA did not deliberate its decision in public;
• That no noticed public meetings were held between Dec. 17 and Feb. 17; 
• That a decision was reached without the public present sometime between Dec. 17 and Feb. 17.

These complaints are mirrored by the filing for the Feb. 17 meeting where the ZBA announced its decision; the meeting wasn't even four minutes long.

James Wujcik represents the ZBA in these proceedings and he filed a memorandum of law in opposition to the plaintiffs' complaint.

He also submitted an affidavit by Debbi Jackett, chairwoman at the time of the ZBA, which has since been disbanded by the Town of Le Roy.

She states the hearing of Dec. 17, at the order of Judge Mark Grisanti, was held after a legal notice was published. She does not address the complaint, nor does Wujcik in his memorandum, whether notice was sent to neighbors by postal mail.  

A source familiar with the case told The Batavian today that notice was mailed.

Jackett argues that proper notice was clearly given because all of the interested parties were at the hearing.

"It is common sense that one's attendance at the public hearing acknowledges notice of that very hearing," Jackett wrote. "Any insinuation that plaintiffs could not be in attendance is another attempt to delay the ZBA from acting pursuant to the order of Judge Grisanti."

Jackett also accused the Town of Le Roy of trying to obstruct the ZBA from holding the hearing. She said the code enforcement officer was informed in October that the ZBA would no longer be able to conduct meetings at the Town Hall.

As for the hearing itself, Jackett said the ZBA board took a short break and then resumed its meeting in the regular board meeting room "regarding the merits of the case."

This was apparently considered a continuation of the prior noticed meeting, though it's not clear if any members of the public were invited into that meeting.

Mindy Zoghlin, attorney for the plaintiffs, clearly did not know about this meeting continuance based on the statements in her filing.

The Batavian's reporter at the meeting that night was Ray Coniglio and he said today that he wasn't informed that the meeting would be continuing in another room. He left the Town Hall and wrote a story published the next day that said the meeting concluded without any discussion by the ZBA and that no vote was taken that night. Nobody from the ZBA ever contacted The Batavian following this news report to inform us that this information was incorrect and ask for a correction.

Jackett further argues that the Town's ongoing obstruction of the ZBA, such as not filling vacant positions, contributed to any confusion about compliance with the open meeting law.

"Even if a skeptic held merit with any claim against the ZBA for violations of the Open Meetings Law, the behavior can be traced directly to the Town's illegal, obstructionist behavior with the ZBA," Jackett wrote. 

In his memo, Wujcik argues that it is certainly within the ZBA's right to continue its meeting upon closing the public hearing, but he doesn't address the fact that the meeting was moved to another room without notification of the public in attendance.

"The ZBA correctly deliberated during its Dec. 17 meeting," Wujcik states, adding, "It should be duly noted the ZBA rendered its decision at an open public meeting on Feb. 17."

He also accused the Town of deliberating trying to disrupt ZBA proceedings and called on the court to find the Town of Le Roy in contempt of court, pursuit to the order of Grisanti.

It's unclear what will happen if Acting Superior Court Judge Emilio Colaiacovo rules in favor of the plaintiffs on the open meetings law issue. The ZBA that has been at the center of this issue for the past several years not longer exists. It was a ZBA comprised of representatives from the town and the village, and now the town and the village each have their own ZBA.

One last note about the open meeting law: The law also requires public bodies to notify all local media of its public meetings, and with the exception of the City, County and GCEDC, this practice is largely ignored by every other local public agency and government.

Press release:

Steve Hyde, president and CEO of Genesee County Economic Development Center (GCEDC), has been named chairman of the New York State Economic Development Council (NYSEDC). It is the state's largest economic development organization.

Hyde was elected to a two-year term during NYSEDC’s annual meeting in Cooperstown today (May 25). Hyde and the GCEDC have been members of the NYSEDC since 2004. 

The New York State Economic Development Council (NYSEDC) is the state’s principal organization representing economic development professionals, businesses and colleges and universities for more than 40 years. NYSEDC promotes the economic development of the state and its communities and encourages sound practices in the conduct of local, regional and statewide development programs, as well as develops education programs that enhance the professional development skills of NYSEDC members.

“Steve Hyde has outstanding private and public sector experience and leadership and his record of success in Genesee County will serve NYSEDC well during his term as Chair,” said Brian McMahon, executive director of NYSEDC.      

As president and CEO of GCEDC, Hyde has played a critical role in generating more than $1 billion in new investment in Genesee County through the years, resulting in thousands of new jobs and unprecedented economic development growth.

One of the most notable economic development accomplishments to date is the 1,250-acre Science and Technology Advanced Manufacturing Park (STAMP) in the town of Alabama, which is expected to generate thousands of jobs in the Western New York and Finger Lakes regions. Governor Andrew Cuomo announced in October 2015 the first tenant at STAMP – 1366 Technologies, which plans to build a state-of-the art solar wafer manufacturing facility creating approximately 1,000 new jobs over the next few years. 

“I have been very fortunate to work with some great public and private sector organizations in Genesee County which has resulted in me having the opportunity to serve as Chairman of NYSEDC,” Hyde said. “This opportunity will allow me to collaborate closely with various economic development leaders across New York State to create a more favorable climate for business growth and the retention and creation of jobs and private sector investment.”

Hyde holds a B.S. from Cornell University and an M.B.A. in finance, sales and marketing from Rochester Institute of Technology. He resides in the City of Batavia with his wife, Joann.

A proposal by City Councilman Adam Tabelski to spend $92,000 in funds set aside for community development on community development failed to win much support from the rest of the City Council at its Monday conference meeting.

Tabelski proposed taking the money originally intended for Vibrant Batavia, which the council scuttled two weeks ago, on a recent joint city, county, school district and Genesee County Economic Development Center initiative called Pathway to Prosperity. 

BP2, as it's known, will take a portion of fees paid in PILOT programs (payment in lieu of taxes) by property owners with economic development projects and use it to help mitigate environment issues at brownfield properties in the city. The chicken-and-egg problem is BP2 has no money until the first new PILOT is approved, and the city's brownfield area properties need to clean up as projects come on line. 

Tabelski thought $92,000 might best be used to jump start some brownfield redevelopment.

Council members had other thoughts about what to do with the money, from building a spray park on the Southside, to payment toward the new police station, to just letting it sit in the general fund.

"We need to start thinking of the kids on the south side of the city," said Councilwoman Rosemary Christian. "We need something for the child. We're always thinking of things other than the children in our community. They're our future leaders who will up her someday making these decisions."

Tabelski countered that today's children will need tomorrow's jobs.

Some council members said they thought Tabelski's timing is off, that it was only a meeting ago that Vibrant Batavia was killed off and perhaps there should be more time taken before deciding what to do with the money.

"As for timing, the reason to bring this up now is that as time goes by, the default action is that nothing happens," Tabelski said. "I'm trying to address this in a timely manner."

Molino said a spray park on the Southside would likely cost more than $92,000, with planning, engineering, possible land acquisition and the purchase of equipment. Briggs and Christian promised to push for a spray park in the 2017 budget.

After a City Council meeting where City Manager Jason Molino outlined his recommendations for city oversight of the Business Improvement District, the BID's Executive Director Laurie Oltramari told reporters that the BID is almost out of money because the city hasn't turned over the funds it is contractually obligated to release by May 1.

"Even though we're trying to be friendly, we feel like our funds are being held hostage," Oltramari said.

Reached later in the night, Molino said the only hold up with releasing the funds is a lack of a properly amended budget from BID that complies with the state's General Municipal Law.

"The city fully understands they need those funds to operate and will release those funds once the BID budget can be amended," Molino said. "Once compliance is achieved with the law and the budget is properly amended, then we will release those funds."

Oltramari said the BID can operate for about one more month with current reserves. If funds from the city aren't received by then, it would need to suspend operations until the money is released.

Earlier this year, Molino notified the BID that over the past several years the city's assessment of downtown properties to provide funding to the BID has not been in compliance with the law. Molino said he had previously brought this issue to the attention of the BID before Oltramari became director, and it was never addressed. This year, he's holding up the funds until the budget reflects the law's restrictions.

The law limits the BID assessment from exceeding 20 percent of the total levy for the properties in the district, plus an additional amount for repayment of bonds secured to pay for public improvements in the BID zone.  

There was a bond issued in 1999 for public improvements, such as new street lighting, and as those bonds have been paid off, the annual debt expense for the BID has decreased, but through all that time, the assessment hasn't been reduced to reflect the lower debt payments.

As a result, the BID has a capital improvement account with $216,000.

It would be logistically difficult to return those funds to downtown property owners since the amounts vary annually and many properties have changed hands over the years.

Molino is proposing that the $216,000 be held until the BID's next capital improvement project, which raises another point of contention for Oltramari.

Molino is proposing such a plan be developed with consultants and city officials. Oltramari said the BID should lead any effort to identify and plan for capital improvements using those funds since they were raised on behalf of the BID.

Since 2005, the BID has been receiving a flat $120,000 from the city for debt repayment and operational costs, which Oltramari admits she always found strange because it was always the same without any variance for a cost of living adjustments.

"We have gone above it (the GML limit) in order to continue operations because property values are so low in Batavia," Oltramari said.

Under the terms of the GML, the BID's budget for this year is being reduced to $55,000 for operations and $15,000 for debt service, which is the last debt payment from the 1999 bonds. 

That's a severe cut in operational expenses, Oltramari said. In addition to canceling Summer in the City, Oltramari doubts she will be able to keep her assistant on payroll and the BID is looking for new, lower-cost office space downtown.

The current office is on the second floor of the Masonic Temple building at Main and Center streets.

Molino's recommendations provided to the City Council last night include:

• Ensuring the BID amends its budget to comply with the General Municipal Law;
• Identify commingled funds that need to be separated from the BID account, which includes capital improvement funds, operational funds and money generated by BID events;
• Ensure the City Council adopts the proper local laws each year for governance of the BID;
• As part of the local law amendments, require that the BID's board of directors comply with the state's open meetings law and freedom of information law;
• Require the BID to update its district plan in cooperation with residents, businesses within the BID and the city to ensure future budgets and excess capital funds are used in a manner that best represent the business and property owners needs to achieve the organizational mission.

Oltramari thinks there is some overreach by the city in these recommendations.

First, BID board meetings are open to the public, though they're not announced on the BID's Web site, Oltramari said, and approved budgets are available to the public.

The district plan is essentially a business plan and Oltramari contends that's entirely the purview of the BID's board.

"The role of the city is to figure out the assessment and what the BID gets and to assign people to our board, that's about it," Oltramari said. "From there, it is our money to spend, and if we spend it wrong, then it's up to the state comptroller say, 'slap on the hand to you.' "

The fight over live music and other alleged zoning code violations at Frost Ridge Campground is far from over and court documents indicate the fight has recently involved some name calling and an accusation of anti-gay bias driving the attempts to shut down the park.

Attorneys for David and Marney Cleere and Scott and Betsy Collins, neighbors of Frost Ridge, have filed motions seeking a permanent ban on live, amplified music and long-term camping at the facility.

Their court papers alleged that a ZBA hearing in February that led to a finding in favor of David and Greg Luetticke-Archbell, owners of Frost Ridge, violated the state's opening meeting law and therefore the ZBA's decision should be voided.

The Luetticke-Archbell's position is that the meeting was given proper public notice, a position backed by sworn statements from the ZBA's then-chairwoman Debbie Jackett and answer filed by the ZBA's attorney, James M. Wujcik.

Any appearance of inconsistencies in the ZBA's actions, before being disbanded by the town board, is purely the result of the anti-gay bias, David Luetticke-Archbell claims in a sworn statement, of Town Supervisor Steve Barbeau.

It's a charge that Barbeau vehemently denies in his own sworn affidavit, but Luetticke-Archbell accuses Barbeau of calling his husband a "faggot" after a "contentious" Nov. 12 meeting. To support his charge of an anti-gay agenda, Luetticke-Archbell also points to several actions by Barbeau throughout the legal and civic process over the past couple of years, including a statement in a court filing approved by Barbeau that Frost Ridge is a "malignancy which cannot be allowed to metastasize."

"Mr. Barbeau, with the Town Board in tow, has unabashedly trampled on the due process rights my husband Greg and I would have been afforded but for our sexual orientation," Luetticke-Archbell wrote in his statement.

Barbeau said that Luetticke-Archbell didn't tell the whole story of the events of Nov. 12.  First, he denies using the word "faggot," but he also accused Greg of calling him a couple of choice names while following him into his office after the meeting, including a "piece of shit."

In his statement, Barbeau states he holds no bias against the owners of Frost Ridge.

"The Luetticke-Archbells have a place in the Town of Le Roy, one they have earned through their commercial and charitable efforts," Barbeau states. "The Town of Le Roy is merely trying to enforce its zoning ordinance so as to not render it irrelevant."

Barbeau said that the actions he and the town board have taken have been supported by a majority of town residents. The evidence is in the election results, he said, given that he and other incumbents handily won reelection despite opposition focused on the Frost Ridge issue.

David Luetticke-Archbell is equally convinced that Barbeau is driven by an anti-gay agenda.

Besides the slurs, Luetticke-Archbell says Barbeau's pattern of actions is further evidence of his anti-gay position.

He accused Barbeau, rather than code enforcement officer Jeff Steinbrenner, of drafting an e-mail denying Frost Ridge prior, non-conforming use status; of purposefully mucking up the application process on a couple of occasions; of usurping the independence of the Zoning Board of Appeals by filing court documents on its behalf without properly notifying the ZBA of the proceedings; of then wrongly admitting to adverse allegations of improper conduct by the ZBA; and, of illegally firing the previous ZBA attorney and then appointing an attorney who works in the same law office as the town attorney's son.

"Mr. Barbeau's motivations and actions here have always been and remain malicious," Luetticke-Archbell wrote in his statement. "His allegations, if considered at all, should be weighed accordingly."

Barbeau called Luetticke-Archbell's affidavit an ad hominem attack and asked that it be stricken from the record.

The attorney Barbeau appointed is James Wujcik, who continues to represent the ZBA and filed documents in the current court battle defending the ZBA against allegations leveled by the attorneys for the Cleeres and Collins.

As for the motion for injunction filed by Mindy L. Zoghlin, attorneys for Cleere and Collins, it's long (32 pages) and legal, and the responses from David Roach, attorney for Frost Ridge, are also detailed.

Whereas in the first round of lawsuits, it was Cleere and Collins along with the Town of Le Roy against Frost Ridge, Luetticke-Archbell and the ZBA, the new motion names the Town of Le Roy as a defendant.

The Town of Le Roy is accused of not upholding its own zoning laws.

It accuses Frost Ridge of violating town ordinances by allowing permanent RV camping, of violating the noise ordinance, of relying on a defective ZBA interpretation of the law, and of violating Judge Robert C. Noonan's preliminary injunction against amplified live music that he issued in September 2014 by allowing live amplified music before 4 p.m.

It accused the ZBA of violating the open meeting law after the case was remanded back to the ZBA for a determination on whether live, amplified music is a prior, non-conforming use. The suit accuses of the ZBA of not providing proper public notice and of not deliberating its decision in public. 

In his response, Roach denies all the substantial allegations.

Acting Superior Court Judge Emilio Colaiacovo is expected to make a ruling on the current set of motions at a later date.