Press release:

On Thursday, Sept. 28, one of the businesses in industrial park will be conducting a fire pump test. This work may result in a period of discolored water in the general area of Pearl Street, South Main Street and River Street. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

The adoption of a revised Comprehensive Plan for the City of Batavia, adding the term “Gateway District” to define zoning on East Main Street near the city line, is moving closer to reality as a result of action by City Council on Monday night.

“We’re talking about making it a little more Commercial (zone)-based, or having different options than just Industrial,” said City Manager Jason Molino after Council agreed to send the 2017 Comprehensive Plan draft to its Oct. 10 Business Meeting.

Molino said the plan update, led by a steering committee, has been in the works for a year and a half. Several internal and public meetings have taken place and the update has been reviewed and approved by the Genesee County Planning Board.

Responding to questions from Council members last month about the proper zoning for East Main Street, the committee changed the area from the proposed “Neighborhood Commercial” rezone to “Gateway District.”

Molino explained that Batavia is unique in that it has four major highways – Routes 5, 63, 98 and 33 – leading into the city. By creating a “Gateway District,” it promotes “good optics and good development plans,” he said.

“It’s a more guided zoning code … one with consistency,” he said. “There has been a lot of focus on gateways over the past decade.”

Following discussion about the plan’s timetable, homes in the floodplain, redevelopment of the C.L. Carr’s building on Main Street, keeping electric car charging stations out of the plan, form-based codes and cleaning up the document’s grammatical errors, Council moved the issue forward. Jankowski noted that he was pleased by the fact that Council would be able to vote on individual proposals in the plan, rather than the entire document.

The steering committee recommended incorporating form-based codes into the Future Land Use plan. Form-based codes focus on matching development with the environment and this approach aligns with the City’s vision statement, according to a committee report.

An electric car charging station in Batavia’s downtown area may be a worthwhile venture, but it’s not in the best interests of the City of Batavia to oversee its operation and maintenance.

That’s the viewpoint of five of City Council’s nine members, who on Monday night voted against a proposal to partner with Genesee Region Clean Communities and the Genesee Transportation Council to put up an EV charging station in Batavia.

Council members Rose Mary Christian, Paul Viele, Robert Bialkowski, Al McGinnis and Kathleen Briggs voted against moving the measure to the board’s next Business Meeting for more discussion and a possible up-down vote, overriding “yes” votes by Council President Eugene Jankowski, Patti Pacino, Adam Tabelski and John Canale.

“It looks like a good idea, but it’s for a private enterprise,” McGinnis said. “I would think there are enough entrepreneurs that would knock each other down to get this. I don’t think we need to get involved.”

McGinnis asked how many electric cars were in Batavia, to which Tabelski replied (reading from a proposal packet) that there were 1,061 EVs that require charging in the Genesee Region as of 2015.

Tabelski voiced his approval of the EV charging station at the new Dunkin' Donuts at 405 W. Main St., adding that while a "private location downtown would be more feasible, I think it's (a city-run EV station) worth considering at least."

Jankowski said he could “see the benefit of it” but didn’t like the idea of government getting involved in running a business.

“We’ve seen what happens,” he said, apparently referring to the City’s ill-fated connection to the City Centre (formerly Genesee Country) Mall.

Canale put forth the argument that the charging station, which would have been placed in the northeastern corner of the Austin Park parking lot next to the Post Office, could be an attractive option for travelers on the Thruway and from the two big cities east and west of Batavia.

“It takes a considerable amount of time (to charge electric cars) and people won’t stay with their cars, they would go to a restaurant … spend some money,” he said. “An advantage to having it in the downtown area could attract people off the Thruway (to stop in Batavia).”

The proposal presented by City Manager Jason Molino was based a Genesee Regional EV Charging Station Plan indicating that the City of Batavia is a location where EV charging stations are needed.

He said the City would be obligated to a free, three-year ChargePoint network subscription. However, the City (as a host city) would not have to pay for the station – a $7,500 expense – but only the cost of installing a conduit from a utility pole to the charging station unit (estimated at $1,500).

As far as the cost of electric is concerned, Molino said the City could set and manage the pricing (if the City chose to charge for electric), could charge the consumer an hourly rate on a per kilowatt hour basis, with optional peak and off-peak rates, and could track consumption and related details of the station’s usage.

“After three years, the City could continue to subscribe to ChargePoint for an annual cost of $560 or drop the subscription and have the consumer continue to use the station via their app (on their mobile devices),” he said. “Also, the City (at that time) would have the option to remove the charging station.”

Afterward, Molino was asked whether he was disappointed by the proposal’s defeat.

“Well, we bring forward ideas and initiatives -- proposals to the Council because we think they promote certain elements and are progressive on certain matters,” he said. “The Council has the full right and authority to say that it’s consistent to what we think or not consistent of what we think, and we support those decisions both ways.”

“I totally understand their perspective on it, and right now we’re not going to move forward with that initiative. Should that change at a later date (however), I’m sure the Council would say, ‘Hey, we’re going to change it.’ ”

Asked if he thought that a private entity could step in, he said that it was possible, “just like what happened at Dunkin' Donuts.”

“It’s definitely a possibility that someone could do it on private property in the downtown area. Nothing’s prohibiting anybody from doing that.”

In the meeting’s public comments session, Jim Rosenbeck, of Lewis Avenue, also spoke against City involvement in an EV charging station, asking Council to “be cautious when this idea comes up.”

“It may sound good and feel good, but it costs the people money, and they’re not benefitting from this service,” he said.

Jankowski said he wished that the proposal went through to give the public an opportunity to weigh in on it.

“I just thought it would be nice to at least go to a vote and get two weeks for me to get some input,” he said.

“It’s not done, it just didn’t get put on the agenda, so if there’s public input on it and people want it, then it could be put back on a Conference meeting and re-voted at a future time. So, I’m going to wait until I receive any feedback and go from there.”

In other action, Council:

-- Moved to its Business Meeting a resolution approving the sale of five parcels that were auctioned to the highest bidders – 29 Brooklyn Ave., Louie Kingsbury, $4,000; 200 S. Swan St., Geib Corporation, $20,000; 1 Watson St., Justin and Yasmeen Calmes, $13,500; 46 Swan St., Justin and Yasmeen Calmes, $1,500; and 2 Willow St., Robert Fritschi, $19,000.

Christian expressed her dismay that the property at 46 Swan St. wasn’t sold to Ronald Viele, who had offered significantly more.

The City’s Municipal Code and Ethics Code, however, prohibit the purchase of real property to a City Council member or City employee, and it this case, Ronald Viele is the father of Council Member Paul Viele, who is involved in the family business. When Ronald Viele was informed of the restriction, he withdrew his offer.

-- Was advised of a letter sent to Bialkowski by Kathy Owen, of 2 Redfield Parkway, who is seeking the City’s help in restoring the pillars that act as a gateway to the street from West Main Street.

“The pillars are in a serious state of deterioration,” Bialkowski said, and urged Council to approve using some of the $52,000 earmarked for community development initiatives to fix them.

Molino said the City previously applied for grants for this project but was denied. He noted that two of the pillars are on private property and two are on city property, a situation that creates “some nuances” as far as repair work is concerned.

He said that the community development funds could be used as restoration of the pillars is considered a “neighborhood improvement” project. Cost to professionally repair the pillars was estimated at around $20,000.

-- Heard from Jonathan Bell, of Evans Street, who asked that the City put up a sign notifying drivers that there is an autistic child living on the street.

“I have five kids and one is severely autistic and runs in the street,” he said. “What’s a $100 sign when you are asking for $25,000 for rocks? My child’s life is worth more than a couple rocks (referring to the pillars on Redfield Parkway)."

Molino and Council members agreed to look into this, with Jankowski wondering aloud “what broke down in the process that this gentleman had to come to this meeting?" (instead of it being handled by city officials). Bell reportedly had called the City of Batavia office more than once but received no reply.

In photo at top, City Council Member Kathleen Briggs reads a proclamation designating Oct. 8-14 as Fire Prevention Week. She is joined by City firefighters, from left, Chief Stefano Napolitano, Christina Marinaccio, Tom Douglas, Jeff Stevens, Greg Ireland, Ryan Clair and Mike Morris. Photo by Mike Pettinella.

Today, The Batavian is releasing its new mobile app for the iOS platform (iPhones and iPads). You can download it through this link from your iOS device.

This is a completely homegrown app. I decided two years ago I could no longer ignore mobile publishing.

My initial impulse was to try and raise money for development, but as that started looking really difficult, I weighed that difficulty (and spending a lot of time with an uncertain outcome) against just writing all the code myself. The actual code writing started 18 months ago. First I built all the backend (server stuff) to support the app (building the Deal of the Day program was a "getting my feet wet again in programming" exercise), then eight months ago I started building the actual app.

It was every bit as hard as I anticipated, which is why I had avoided the idea for years, especially going through two eye surgeries and now a dislocated knee.  

The future of news is mobile. It makes a lot of sense. People with smartphones and tablets always have the world with them, including their local community, and they like to check in frequently to find out what's going on. On the other hand, local news on mobile is still a specialty product, a niche. I think the website is going to be our dominant news and business promotion platform for several years yet, but I also don't want to lose out to mobile when it becomes a bigger part of how people access local news.

The people interested in mobile news, studies show, want fast, smooth access to check the latest headlines. The Batavian's new mobile app is designed to meet that need for those people looking for a fast and convenient mobile news experience. We've streamlined news delivery and what we ask in return is that those who use the app regularly pay just $2 a month for a subscription.

We also use the app to help promote local businesses. Our shoplocal.thebatavian.com local business directory is featured on the app. The directory is now only a framework for the long-term goal of creating a model for business-promotion-as-a-service for mobile and social networking, to bring local readers and local businesses together in a friendly, safe and mutually beneficial environment.

For those on Android: I don't expect to have the Android version of the app completed anytime soon. I'm guessing three months or a little longer. Most of the code that makes the iOS app is the same for Android as it is for iOS, but there are some significant differences to work through. I have some other business tasks to attend to while continuing to cover local news, so my available time for coding is limited.

Download the iOS app.

The Pembroke Dragons get a night off, get to skip a road game and they will pick up a win this Friday because Geneseo High School has forfeited its entire season over an apparent drug scandal.

This Friday's game was supposed to be Geneseo's homecoming game, too.

Geneseo Superintendent Tim Hays announced the district was scrubbing the team's season this afternoon.

"A number of players have been dismissed from the Geneseo High School Varsity Football Team," Hayes said in a statement. "These dismissals stem from serious violations of the District's Code of Conduct and Athletic Eligibility Standards.

"Due to the number of student-athletes involved and the serious nature of this incident, pursuant to our Athletic Code and New York State Public High School Athletic Association standards, the remainder of the varsity football season will be forfeited."

The Livingston County News reported today that police are investigating a report that a player brought OxyContin pills to Friday's game against Bolivar-Richburg. The player allegedly distributed the pills to teammates.

Geneseo won that game on the field 26-24 but that game will now revert to the loss column with the Geneseo Blue Devils giving up that win as well.

Pembroke moves to 5-1 on the season and next plays Attica on Oct. 6 at home.

"The Geneseo Central School District is committed to upholding the highest standards of excellence in all of our academic, extracurricular, and athletic programs," Hayes said. "We will continue to work with all of our student-athletes to ensure that their actions represent the expectations of the District and our community."

An accident with unknown injuries is reported at Alleghany Road and Lockport Road.

A pole may be down. 

Oakfield fire and Mercy EMS dispatched.

A bicyclist has been hit by a car on Center Street, across from Adam Miller Toys and Bicycle.

Minor injuries reported.

City fire and Mercy EMS responding.

Photo by Alex Feig, WBTA.

A two-car accident is reported at East Main and Center Street.

Injuries are reported.

City Fire and Mercy EMS responding.

UPDATE 3:12 p.m.: Possible hit-and-run.  Top photo by Dan Fischer, WBTA.  Bottom photo by Lisa Ace, The Batavian.

Melissa Bender, a resident of Le Roy, made history at the Pennsylvania Bowhunters Festival, after competing with an all-male crowd, becoming the first and only woman to win the steel boar challenge.

The festival is held in Forksville in the middle of September, every year since 1957. It is the oldest gathering of bowhunters in the world.

“People come from all over the place to go,” Bender said.

The three-day event offers a variety of shooting activities and events designed to prepare the Bowhunters for the upcoming archery season. The festival features the famous “Forksville Running Deer” target, mechanical bear and turkey targets, pop-up and moving small game targets, a timed clay pigeon shoot, stationary targets set at variable distances, and three game trails designed with all 3-D targets.

The grand prize for the steel boar challenge, was a wild hog hunt, which drew Bender to competing.

“It was really neat because they had never had a girl win it before,” Bender said. “They were super excited for me.”

Bender’s love for archery began after she went hunting with her husband.

“When I was out hunting, I hit a deer,” Bender said. “We tracked it for two days and we never found it.”

Bender decided that she wanted to be a better shooter, so she started with the help of a local archery organization.

“The people down there [at C&C Archery] are so willing to help anyone,” Bender said. “Especially young people in becoming better shots, either in archery, in competitive form, just for shooting, or just in hunting.”

C&C Archery, in Le Roy, has an indoor archery range, with all different kinds of targets. They offer a variety of services and products to help anyone be successful.

“If I hadn’t gone down there to sign up for [archery] leagues, I obviously would have never had the opportunity to win that challenge.”

Bender hopes to continue strengthening her archery skills to become a more ethical hunter.

“I want to have a better shot so that I don’t have to go through what I went through a year ago,” Bender said.

David Alan Leach, 23, of Morganville Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign, and driving a motor vehicle on a sidewalk. Leach was charged following the report of a property damage accident at 12:18 a.m. Thursday at 337 Bank St., Batavia. The accident was investigated by Officer Peter Flanagan.

Brian Thomas Resch, 29, of Buffalo Road, Bergen, is charged with criminal mischief, 4th, criminal possession of marijuana, 5th, and unlawful possession of marijuana. At 5:33 p.m. Saturday, the Sheriff's Office received a complaint on Buffalo Road of man who had disabled a phone to prevent a person from seeking emergency assistance. Upon investigation by deputies Ryan DeLong and Richard Schildwaster, Resch was allegedly found in possession of a quantity of marijuana and he was accused of smoking marijuana in a public place.

Derek James Wert, 35, of Tracy Avenue, Batavia, is charged with harassment, 2nd. Wert is accused of pushing another person during an argument at noon Sept. 18 at a location on North Street, Batavia. Wert was also charged with second-degree criminal contempt related to an incident at 7:02 p.m. Wednesday in Austin Park. Wert is accused of violating an order of protection.

Markeda D. Starks, 26, of Highland Park, Batavia, was arrested on a warrant. Starks posted bail and was released.

Adam Ross Atkinson, 29, of Kent Road, Stow, Ohio, is charged with under the influence of narcotics in public. Atkinson was arrested after deputies responded to multiple calls at 6:35 p.m. Friday of a disruptive male at a convenience store in Byron.

Brian R. Barnard, 53, of Leicester, is charged with burglary, 3rd, burglary, 2nd, and criminal mischief. The alleged burglary was reported at 3:08 p.m. Thursday in Le Roy. This is a State Police case. No further information released.

Brandon A. Brott, 20, Jacey L. McGregor, 19, and Jessica H. Shepard, 26, all three of Lockport, are charged with unlawful possession of marijuana. Brott, McGregor, and Shepard were arrested at 3:36 a.m. in the Town of Alabama by State Police.

State Troopers are investigating why a 47-year-old man from Hilton got out of his vehicle on the Thruway at 8:40 p.m., Saturday, and ran into traffic.

William H. Ferguson was struck and killed by a car near the exit of the Thruway in Pembroke.

The accident is being reconstructed by the State Police Collision Reconstruction Unit.

No further information was released.

(Initial Report)

Press release:

The annual business meeting of the Stone Church Rural Cemetery Association will be held at 7 p.m., Tuesday, Nov. 7, at the Stone Church Presbyterian Church, 7549 S. Lake Road (Route 19), Bergen. The meeting is open to the public.

For questions or information, phone the association Secretary/Treasurer Gordon L. Seward at 494-1505.

Press release:

Corfu Firefighters have put into service 13 new SCBAs purchased through the federal government’s Assistance to Firefighters Grant Awards.

The Corfu Fire District was successful in securing the grant through efforts of Rosalie Mangino-Crandall and her Insights Grants Development Company. She donated her time for the Corfu project which is greatly appreciated by the department. 

The newest and latest model of SCBAs replaced our outdated 1997 NFPA edition SCBAs that have been costly to repair and were at the end of their life cycle. The grant enabled the district to purchase 13 complete units and one mask integrated radio Bluetooth. The total cost of the grant is $88,400, with the district’s share of $4,209.

This will ensure our firefighters are well protected and have the latest technology available to them for the foreseeable future at a small cost to the taxpayers of the Corfu Fire District.

A two-car accident with minor injuries is reported at Route 20 and East Road (Suicide Corners) in Bethany. A first responder on scene says it is not blocking traffic. Bethany Fire Department and Mercy medics are responding.

UPDATE 5:51 p.m.: Fire police are directed to slow down traffic in the vicinity of the accident.

Local farmers and other members of the agriculture industry were briefed Saturday on various legislative issues by Rep. Chris Collins and a member of his staff.

The topics discussed included immigration, the new farm bill, the Waters of the U.S. rule and even a couple of non-agricultural items. The meeting was held at the Cornell Cooperative Extension office on East Main Street, Batavia.

Legislative Assistant Taylor Kloustin provided an update on key issues Collins is working on, including the H2A work visa program, workforce legislation, the upcoming effort to pass a new farm bill, and Waters of the U.S. rules.

Collins is meeting next week with the Secretary of Labor, Alexander Acosta, to discuss immigration issues, most notably expanding the H2A visa program to allow workers from other countries to stay in the United States all year long when employed in certain farm jobs, such as dairy and livestock.

She said Collins is also interested in seeing the program revised for temporary workers so that they can get back into the country easier once they've established ongoing employment, such as a TSA-like precheck, perhaps with a biometric ID card.

There's also legislation pending that would move responsibility for farm labor from the Department of Labor to the USDA, which Kloustin said is an agency more familiar with the needs of farmers for labor.

The committee working on the Farm Bill renewal is expected to have language in place by November.

Collins is chair of the specialty crops caucus so his office is working with United Fresh on setting up a specialty crops awareness program in November for House staffers working on the Farm Bill so they can better understand the needs of specialty crop growers.

Dean Norton, an Elba dairy farmer, was one of those who brought the conversation back during the Q&A time to the Waters of the U.S. rule. The rule was approved during the Obama Administration and Trump has rescinded it by executive order. Farmers were upset by the bill because it could be used to regulate the smallest bodies of water on farms.

Norton and other farmers noted that what can be undone by executive order can be reimplemented by executive order in the next administration. They encouraged Collins to pursue legislation that would make Trump's order permanent.

Craig Yunker, CEO CY Farms, expressed concern about the direction the Trump Administration is taking on trade. He's particularly concerned about the seeming protectionist positions of Peter Navarro, a trade advisor to the Trump Administration. Yunker said with the United States pulling out of the Trans-Pacific Partnership there are already trade problems with Japan.

Collins said there's a lot of uncertainty about what will happen with trade during the Trump Administration because we're only eight months into his presidency. He thinks Trump has the right people around him, though, to handle the issue.

"Trump very clear at the U.N.," Collins said. "It’s America first; he’s going to look out for America’s interest. He is going to expect other countries to do their fair share. He's looking for fair trade.

"My worry is your worry," Collins added. "Typically, the retaliation is on ag. That’s the gotcha. Whether it’s Canada or whether it’s Mexico or whether it’s something like apples going to Asia, we do know they retaliate using ag. I share that concern, but the administration knows this. They’re smart guys. To me, it’s too early to tell."

Maureen Torrey, of Torrey Farms, a large grower of produce, said her big concern remains trade restrictions in Canada, which makes it harder to sell U.S.-grown produce north of the border, even though there is no restriction on produce from Canada being sold here.

"It’s pretty sad that within five miles of the border you have 95 percent the population of Canada and the only time I can sell is if they don’t have it and then I have to go through a process to have them to say 'yes, you can ship something', " Torry said. "We need to get that door a little bit more open."

One farmer wondered if the bipartisan spirit displayed by Trump when he reached a deal a couple of weeks ago with Sen. Charles Schumer and Rep. Nancy Pelosi is something the GOP leadership in both houses will pick up on and follow.

"To be honest I think Trump is going to lead it from start to finish," Collins said.

While Trump's deal on the debt ceiling and relief for the victims of Harvey and Irma may have shocked and even upset some members of Congress, the leadership is going to have to fall in line, Collins said. 

"I think he's telling Mitch McConnell and Paul Ryan, 'You better get behind me,' " Collins said. " 'I'm the president. I'm the CEO.' "

Collins said he's solidly behind the president on this point and thinks a lot of what the president wants to get done this congressional term, most notably tax reform, will require bipartisan effort. Even within the GOP, he noted, there are too many divergent interests for the Republicans to act unilaterally. 

"I applauded him for doing what he did, though others just thought it was the worst thing that ever could have happened," Collins said. "There are a lot of folks that want to protect their own turf, if you will, and they didn’t like it. But as I’ve said, 'How did we do on health care?' Not so good, and that’s something we unanimously agreed on until the rubber hit the road and the document’s there. That’s the whole problem."

The other non-farm issue to come up was North Korea.  

" 'Rocket Man', " Collins said with a chuckle. "I’ve got to give Trump credit. He is so good with nicknames. I think Rocket Man is the funniest thing I’ve ever heard. It’s poking at Kim Jong-un. It’s getting under his skin. And it’s appropriate. He’s going to be Rocket Man from now on.”

Dean Norton, dairy farmer from Elba.

Victor Figueroa's ambition is to open a Puerto Rican restaurant in Batavia specializing in empanadas, and after winning both the Top Competitor Award and the People's Choice Award on Saturday night at the FreshLAB's Foodie Challenge, that dream is a step closer to reality.

Figueroa along with four other top finishers in the cook-off held at BOCES will now be able to take a tuition-free course in restaurant management and then compete in a Shark Tank-like business plan pitch. The top two contestants will be offered spots to try out their restaurant concept in the new FreshLABs facilities inside the former Newberry Building on Main Street along with Eli Fish Brewing Company.

In all,12 aspiring restaurateurs signed up for the Foodie Challenge, eight competed Saturday night and the other finalists were: Gina Bianco, of Middleport, with an Eggplant Busiolo; Judy Hysek, of Batavia, with a vegan mushroom and sage stuffed ravioli with a cashew cream sauce; Rob Rudnicki, of Batavia, with a fish taco; and Ronald Smith, of Rochester, with a pollo de miel (honey chicken).

The contestants are expected to come up with a restaurant concept and menu that is unique to Batavia and Figueroa is counting empanadas as his path to victory. He made a Puerto Rican cheeseburger empanada with a passion fruit chili sauce.

“It’s one of our favorites in Puerto Rico," Figueroa said. "We eat them for lunch, lunch breakfast and dinner every single day. You can walk with them. It’s just one of those things, when we eat it takes you back Puerto Rico.”

Photo of the winning empanadas by Alex Figueroa.