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A committee that was asked by the city council to come up with a plan for improving the quality of life in Batavia delivered a report Monday night asking the city to commit to $50,000 annually to support the effort.

"Vibrant Batavia" is the product of a recommendation by consultants from czb, LLC, which initially recommended something similar, but at a higher cost and over a longer period of time.

The Vibrant Batavia Committee plan is a three-year effort culminating in Batavia's centennial celebration in 2015.

The $150,000 would be combined with $86,000 the group would raise -- with the money going primarily to a marketing campaign and hiring a part-time coordinator -- for the project.

"We really want to develop a powerful brand story for Batavia that will really foster pride in the community," said Marty McDonald, a committee member, who joined Brian Kemp for the presentation to the council.

Everything hinges on the build up to the centennial celebration, said Councilman Kris Doeringer, who also served on the committee.

The celebration will help attract sponsors to contribute to the $86,000 goal; it will bring out volunteers who will get involved in block clubs and other neighborhood efforts; it will help develop a marketing message for Batavia.

"All of those things will happen with the goal in mind of the centennial celebration," Doeringer said. "Remember, all of this hinges on coming together because we're shooting for that one goal."

Kemp said a marketing effort is needed for Batavia because there isn't one now, and such an effort would be aimed both at residents to help them better appreciate what we have, and at outsiders to help convince them to relocate here or bring businesses here.

McDonald said it's time to respond to all of the negative voices that try to bring Batavia down.

"I just get so tired sometimes of hearing the voices of the people who say all the negative things," McDonald said. "I want to get up on the biggest platform and say, 'Hey, we live in a great place.' "

Council President Tim Buckley praised the effort and said it is important enough to keep it going.

"Obviously, this is budget time and like anything else, it's a tough time, but I don't want to see Vibrant Batavia go away," Buckley said. "I don't want to lose this. I don't know where we're going to come up with $50,000 for three years, but we're going to try."

It wouldn't be Western New York if the weather didn't get a little strange, and we're going to be in for a bit of a ride the next few days.

Tonight the forecast is for thunderstorms.

Tomorrow, from 6 a.m. to 1 p.m., there's a wind advisory with winds from the southwest at 25 to 35 mph and gusts up to 55 mph -- and the possibility of thunderstorms.

By Thursday evening, snow, and possibly heavy snow, with strong winds. The forecast through Sunday is for snow and cold, with both being heavy and strong at times.

The Batavia Development Corp. helped create 12 new full-time jobs in Batavia in 2012, according to a report given to the city council by Economic Development Coordinator Julie Pacatte.

The BDC invested $146,555 in local businesses to leverage another $131,787 in private investment, for a total investment in business growth of $278,342.

The effort helped fill about 20,000 square feet of retail and office space downtown.

The agency also administered the city's building improvement program, based on a state grant.

The $460,000 grant program is being combined with a projected $1.4 million in investment by property owners. So far, four of six projects have been completed, including brick work on the Masonic Temple and a new facade on the PennySaver building at the corner of Liberty and East Main streets.

Among the priorities for the BDC in 2013:

• Carr's warehouse redevelopment
• Advance the Batavia Opportunity Area
• Co-host creative thinking and entreprenuerial workshops
• Recapitalize loan funds
• Help businesses navigate planning and zoning
• Advance the "Vibrant Batavia" efforts

Among the specific items discussed is an effort to use the Harvester Center to incubate food-processing businesses that might some day move up to the Genesee Valley Agri-Business Park or provide support for businesses in the park.

City Council President Tim Buckley doesn't think the city should levy fines against residents who don't remove snow from the sidewalks in front of their homes, and that's pretty much how the discussion ended Monday night.

"I don't want to be fingering residents for not shoveling sidewalks because we don't know what the situation is a lot of the time," Buckley said.

As council members discussed, the residents could be elderly, away on vacation or sick.

The discussion about snow removal was placed on the agenda because the issue had been raised at a prior council meeting and City Manager Jason Molino provided council members with a copy of the municipal code.

The code states that each resident is responsible for snow removal within a reasonable amount of time following a snowstorm. Failure to remove snow could result in a fine, under the language of the law.

The city has not typically enforced the law, Molino said, because it would need to be enforced uniformly and sometimes there are circumstances that prevent a resident from removing snow.

He said it's a "tricky" law to enforce.

Earlier in the meeting, during the trash discussion, Batavia resident Kyle Couchman mentioned a comment he said he'd read on The Batavian about a council member's response to someone who complained about a neighbor's plow driver piling snow on his sidewalk. The council member reportedly told the constituent to contact the neighbor.

Couchman said he found the suggestion arrogant. It should be up to the city to enforce its laws, Couchman said, not residents.

Kris Doeringer said that he figures he was the "arrogant" council member.

The point he said he was trying to make to the resident was to try contacting a neighbor first to resolve a conflict rather than getting the government involved.

"I would just like to see issues resolved in an amiable manner without the city involved and fining people," Doeringer said.

Only Councilwoman Rose Mary Christian came out strongly in favor of cracking down on people who don't shovel their walks.

"If people weren't so damn lazy and get off their seats and doing things like start shoveling snow, we might have a better community," Christian said.

An effort by Councilwoman Rose Mary Christian at Monday's city council meeting to garner support for an assault weapon's ban got a mixed response.

Christian, along with members Patti Pacino and Pierluigi Cipollone both questioned why anybody would need to own an "assault weapon," while all three said they support the Second Amendment.

Members Kathy Briggs, Brooks Hawley and Jim Russell all said supporting the Second Amendment meant not going after anybody's weapons.

Nobody questioned whether it was really the place for the Batavia City Council to take up the issue.

"Only police departments and the military should have assault weapons," Christian said.

She also said the council should encourage schools to install bulletproof glass in doors and windows.

Briggs followed Christian and said she completely disagreed with Christian on the issue.

An effort to ban one kind of gun opens to the door for other bans and undermines the Second Amendment, Briggs said.

For Russell, banning assault rifles is just a "Band-Aid" approach.

"I don't think the solution is to ban guns," Russell said. "It doesn't address the real issue."

Answering the suggestion that while hunters may not need "assault rifles," competitive shooters do, Cipollone said that even competitive shooters shouldn't own such guns. The venue that hosts the competition should own the guns and loan them to the competitors, he said, and collect guns at the end of the competition.

No vote was taken by the council on the issue.

Supporters of Genesee ARC packed city council chambers Monday night and encouraged the council to keep jobs local, support workers with disabilities and consider whether a proposed new garbage collection system would really save residents money.

Of the 16 people who spoke, all but about three of them encouraged the council to stick with ARC for garbage collection, whether under the tote system or not. Of the Genesee ARC supporters, about half of them opposed the totes for one reason or another.

"If a business expressed an interest to locate to this area and create 30 new jobs, most areas would offer some kind of incentive to promote them to come to this area and I would hope you would, too," Dave O'Geen said. "Well, we have the opportunity to keep a business with the 30 jobs that the trash and recycling center currently employs."

O'Geen, like every Genesee ARC supporter, received a big round of applause from most of those in attendance. Those who spoke in favor of going to the new system and awarding the bid to the lowest bidder were met with silence.

"Most people I know don’t care who gets the contract as long as it’s the best contract at the lowest price," John Roach said.

The council set a Feb. 11 date for a public hearing on proposed changes to city ordinances to make the new system possible.

Several speakers appealed to the council not to hire an out-of-state contractor.

"Let’s talk about the $450,000 in lost revenue from the people at ARC who will lose their jobs," Carol Grasso said. "Did you ever stop to think that their money is spent right here in our area? Yup, $450,000, I checked it out, that’s their paychecks. They spend it here in the city. It’s like having free trash pick up as far as I’m concerned.

"Some small cities need to stay small," Grasso added. "Let’s do what’s good for Batavia, not some other state."

Tom Houseknecht, a generous financial supporter of Genesee ARC, questioned the dollar-and-cents value of the proposed change in trash collection.

While Houseknecht, who owns commercial property in the city, welcomes a decrease in property tax, he considers the switch to a fee-based system for trash pick-up a "regressive" tax on the city's less well-to-do residents.

"The minimum size tote that will be issued by the city is currently projected to cost a resident $169," Houseknecht said. "With tax rates decreasing $1.56 per thousand, anyone with an assessed value of less than $108,000 will actually be paying more. ...

"If my conclusion is correct," Houseknecht added, "I would ask council to focus on the greater good for the majority of their constituents and not succumb to the lure of lower tax rates that result when refuse is removed from the operating budget."

Paula Fisher (top inset photo) thinks any decrease in the tax rate will be short-lived.

"The levy for trash pick-up in previous budgets was approximately 20 percent," Fisher said. "Our tax rate is going down 14 percent. This tells me our tax rate is going up six. In five years, our tax rate will be right back up there, ARC will be out of the trash business and the bids for trash collection, since they know we don’t have (a) preferred vendor available, will go up."

John Mortollaro said he doesn't really understand the financial implications.

"I still don’t understand how much we’re going to save and how much it’s going to cost," Mortollaro said. "I think this needs to be brought out and explained to the people so they can understand it better."

Kyle Couchman said he's dealt with the kind of proposed plastic totes before, and they don't hold up to Western New York's harsh winters.

Several speakers said older residents will struggle with the totes, Batavia's homes are really too close together to store the totes in a way that isn't unsightly, and that they will be difficult to put by the curb when snow is heavy.

Roach said he has friends and relatives in the garbage collection business in other cities and such concerns are overblown, he said.

"These totes last forever," Roach said. "As for parking and the driveway situation, it's much worse in Kenmore than in Batavia and they don't really have a problem getting them to the end of the driveway. I don’t have a garage and storing them in my backyard isn’t something I’m looking forward to, but it’s not going to be insurmountable either."

Ed DeJaneiro (top photo) said he likes the totes and thinks the new system will encourage recycling. He would just like to see ARC get the contract.

"ARC has always been there for us," DeJaneiro said. "They will continue to be there. I know it’s more money, as proposed, but we’re not sure how much recycling response we’re going to get."

Bottom inset photo: City Historian Larry Barnes listens to the discussion.

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At the end of a more than three-hour council session, just as members were shuffling paper to prepare to leave, Council President Tim Buckley had a request for City Manager Jason Molino:

"We have a request," Buckley said. "Do you think you could find a way to reduce the budget by another 1 or 2 percent?"

Another council member said, "2 percent," followed by another council member who said, "3 percent."

Buckley said they didn't want to go over the budget line by line, but maybe Molino could squeeze out some more savings.

"If it's possible or doable, we would like to do it," Buckley said.

Molino said he would take a look at the budget, which already calls for a 14.5-percent reduction in property taxes if a plan is approved to move the city to a tote-based, "pay as you throw," trash collection system.

Earlier in the evening the council voted to set a public hearing on the budget for Feb. 11.

Tonight, the council covered several topics:

• More than a dozen people spoke out on the proposed changes to garbage collection in Batavia, mostly in support of Genesee ARC retaining the contract;
• Heard a presentation on progress in 2012 by the Batavia Development Corp. from Economic Development Coordinator Julie Pacatte;
• Heard a presentation from Brian Kemp and Marty McDonald on a proposal from Vibrant Batavia;
• Discussed Councilwoman Rose Mary Christian's request for council members to support an assault weapons ban;
• And discussed snow removal from residential sidewalks.

That will be a lot to write about in the morning, but I'll get to each story as soon as possible.

Le Roy PD is looking for public assistance in solving a burglary at a business on Mill Street early Sunday morning.

The break-in occurred about 3:50 a.m. and no suspects have been identified.

The front door lock was broken and the thieves or thief forced entry into the business and stole items.

Anyone having information about this burglary is asked to contact the Le Roy Police Department at 345-6350.

Press release:

The Genesee County Economic Development Center (GCEDC) announced today that Charlie Cook has been appointed GCEDC’s chairman of the board, while Thomas H. Felton has been appointed chairman of the board of the Genesee Gateway Local Development Corporation (GGLDC). Cook has served as president and CEO of Bergen-based Liberty Pumps since 1975, while Felton currently serves as a commercial lender for the Bank of Castile located in Batavia.

“I am honored and excited to assume the chairmanship of the GCEDC,” Cook said. “Hopefully my years of experience running and growing a business in Genesee County will help me in working with our very capable and diverse board to understand and provide what business leaders and entrepreneurs throughout the region need to be successful.

"The GCEDC will continue to foster increased economic activity through growth, expansion and retention of our existing business base, while also attracting new business development to help build a sustainable long-term economy.”

Under Cook’s leadership, Liberty Pumps has grown to become a leading domestic manufacturer of sump and wastewater pumps and systems for the professional plumbing trade in North America. Cook earned his bachelor's degree in Aeronautics from Parks College of Aeronautical Technology of St. Louis University and served in the Army.

Cook has also served in numerous community roles, including: chairman of the Genesee County Comprehensive Plan Steering Committee (2002-2006); Genesee Community College Foundation Board; vice chairman of the Genesee County Chamber of Commerce Board; and vice chair of the Gillam Grant Community Center Board of Directors.

He is a member of the Leadership Genesee Class of 2003, a past member of the Federal Reserve Bank of New York Small Business Advisory Committee, and currently serves on: the board of directors of the Genesee Patrons Cooperative Insurance Company; the Sump and Sewage Pump Manufacturers Association; and the Bergen Business and Civic Association. He was recently appointed by Governor Cuomo to the Finger Lakes Regional Economic Development Council.

Cook will take over for John “Jack” F. Andrews, who was chairman of the GCEDC since 1991.

Thomas Felton currently serves as a commercial lender for the Bank of Castile. He is responsible for servicing agricultural and commercial loans in a multi-county area. Prior to his employment at the Bank of Castile, Felton was an agricultural lender at Pavilion State Bank and the district manager of Monroe Tractor. Felton graduated from Cornell University School of Agriculture and Life Sciences with his bachelor's degree concentrating in Business Management and Marketing.

Felton has served his community in a number of different roles, including president and VP of Genesee County Cornell Cooperative Extension, serving as supervisor of the Town of Byron as well as councilman and planning board member. He was the treasurer of the Byron-Bergen Education Foundation, an elder with the North Bergen Presbyterian Church, and a member of the Byron Kiwanis Club, and past board member with the Gillam Grant Community Center.

Currently, Felton is a board member with UMMC Foundation, Genesee Valley Rural Preservation Council, and the Cornell Dairy Farm Business Summary. He serves as the president of the Northeast Agriculture Bankers Association Rural Affairs Committee and treasurer of the North Byron Cemetery Association.

Nicolas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is indicted on two counts of burglary in the 2nd degree. Antonucci is accused of breaking into a residence on Broadway Road, Darien, on Nov. 12 and on Nov. 18. (For prior charges against Antonucci, click here).

Daniel H. Bettilyon is indicated on felony counts of DWI and driving with a BAC of .08 or greater. Bettilyon is accused of driving a 1989 Harley Davidson motorcycle while drunk on Maltby Road, Oakfield, on Aug. 10. Bettilyon allegedly has a prior DWI conviction from July 2004.

Richard David Farley, 64, of New Bethehem, Pa., is charged with criminal possession of a weapon, 4th, unlawful possession of marijuana and possession alcohol in a motor vehicle. Farley was a passenger in a vehicle stopped on Route 77 in the Village of Corfu at 11:58 p.m. on Friday. During the traffic stop, Farley was allegedly found in possession of an open container of alcohol, a marijuana cigarette and a loaded, unregistered semi-automatic .22-caliber pistol. Farley was jailed on $2,000 bail.

Brandon P. Stagg, 20, and Oscar J. Familia, 21, of 25 Trumbull Parkway, Batavia, are charged with possession of alcohol under age 21 and unnecessary noise. Stagg and Familia were arrested following a complaint of an underage drinking party at their home. Stagg was charged with possession of alcohol and Familia was charged with unnecessary noise.

Caroline B. Robinson, 31, of 38 Gilbert St., Le Roy, is charged with trespass. Robinson is accused of remaining at a hotel on Oak Street after being told to leave by hotel staff and a Batavia PD officer.

William G. Raschi, 62, of 5630 W. Lake Road, Conesus, is charged with felony DWI, unlicensed operation, unsafe lane change, failure to stop for traffic signal and consumption of alcohol in a motor vehicle. Raschi was stopped on East Main Street, Batavia, at 5:57 p.m. Saturday, by Officer Matt Lutey. The charge is a felony because of an alleged prior DWI conviction in the previous 10 years. Raschi was jailed without bail pending a court appearance today.

Steven J. Raimondi, 19, of 679 E. Main St., is charged with possession of alcohol under age 21. Raimondi allegedly hosted a large underage drinking party at his residence, which was reported at 1:12 a.m., Sunday. A 16-year-old female was also charged.

Paul B. Heale, 58, of 234 Ellicott St., lower, Batavia, is charged with DWAI. Heale was stopped following a complaint of a possibly intoxicated driver at 2:30 p.m. Thursday on Pearl Street by Officer Eric Hill.

Robert D. Griffin Sr., 34, of 319 E. Main St., Batavia, is charged with two counts of criminal mischief, 4th. Griffin is accused of breaking a window by throwing a boot at it during an argument and then preventing a female from calling police by taking her mobile phone.

Frank J. Falcone, 27, of 10599 Main St., upper, Alexander, is charged with criminal mischief, 4th, and harassment, 2nd. Falcone was charged following a lengthy investigation by Batavia PD into an incident in the parking lot of Billy Goats on Oct. 20. Falcone is accused of kicking a vehicle, causing damage, and of punching and slapping the owner of the vehicle.

Tharon Joseph Kunkle, 52, of Read Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and unregistered ATV. Kunkle was charged after allegedly being observed driving his ATV on Route 5, Batavia at 2:32 a.m. Sunday by Deputy Joseph Corona.

Samantha Nicole Frear, 25, of Hempstead Avenue, Buffalo, was arrested on a bench warrant out of Town of Darien Court by Buffalo PD following a traffic stop.  The warrant stems from a harassment, 2nd, charge in November, 2009. 

John J. Maroni, 50, of Clay, is charged with possession of unstamped cigarettes, DWI, driving with a BAC of .18 or greater, failure to use/improper use of four-way flashers, and consumption of alcohol in a motor vehicle. Maroni was arrested following a report of a vehicle parked along the roadway on Oakfield-Elba Townline Road, Oakfield at 7:13 p.m., Friday.

Vincent Donald Henning, 35, of Batavia, is charged with DWI, driving with BAC of .18 or greater, improper right turn and unlicensed operator. Henning was stopped on Seven Springs Road, Batavia, at 10:47 p.m. Friday by Deputy James Diehl.

Andrew Garry Anderson, 28, of Basom, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone (65 in a 40 mph zone). Anderson was stopped on Route 77, Basom, at 12:25 a.m. Friday by Deputy Patrick Reeves.

Danielle R. Dixon, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Dixon was stopped at 2:30 a.m. Sunday on Hutton Road, Oakfield, by State Police.

The Genesee County Chamber of Commerce has announced its 2012 award recipients.

The honorees are:

• Business of the Year: Oliver’s Candies, LLC  
• Agricultural Business of the Year: Empire Tractor, Inc.
• Innovative Community Contribution of the Year: Friends of the Batavia Peace Garden
• Special Recognition of the Year: St. Joseph Catholic School
• Geneseeans of the Year: James Neider & Lois Gerace

The 41st annual awards ceremony will be April 13 at the Clarion Hotel, Batavia. Tickets are $50 per person and a table of 10 is $450.

The evening begins at 5:30 with hors d’oeuvres, entrée tables & cash bar (no formal sit-down dinner is to be served). At 7, the Award Program begins at which time dessert and coffee will be served.

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The National Weather Service reports that precipitation has changed from snow to freezing rain, making untreated roads especially slick.

More reports are coming in of cars off the roadway and a school bus having a hard time getting up Molasses Hill Road, Bethany.

Ice accumulations of several hundredths of an inch up to a tenth of an inch are expected before temperatures rise above freezing.

A winter weather advisory is in effect until 1 p.m.

The weather service warns, "use extreme caution as road conditions may deteriorate rapidly and become icy with little warning."

An electrical fire is reported at Denny's Restaurant, 364 W. Main St., Batavia.

City fire is responding.

UPDATE 7:43 a.m.: City fire on scene, nothing showing. National Grid requested to the scene.

UPDATE 7:45 a.m.: City command: "We still have fire box, we're going to need them here as quick as they can." National Grid's been advised.

UPDATE 7:51 a.m.: Health Department requested to the scene.

UPDATE 7:59 a.m.: National Grid on scene.

UPDATE 8:11 a.m.: City code enforcement requested to the scene.

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Batavia PD has requested city fire to respond to the Jackson Street side of the Verizon building, 22 Center St., for possible smoke coming from the building.

UPDATE 12:11 p.m.: Broken water line on the roof.

UPDATE 1:10 p.m.: A Verizon rep has arrived to secure the building and the city assignment is back in service.

UPDATE: There was concern about how long it would take for a Verizon rep to respond so a DPW crew repaired the leak. The water was spraying onto the former Mortellaro building.

Bill Wood, a former chief of the Le Roy Volunteer Fire Department has been a firefighter for the past year and his dedication to the department, his willingness to teach younger members and respond to numerous calls earned him the Firefighter of the Year award at the department's annual installation and awards dinner on Saturday evening.

His brother, Tom Wood, is chief for 2013. Dale Ehrhart is 1st assistant chief and Tim Hogle is 2nd assistant chief. Josh Pfendler is business president and Laurie Bater is president of the auxiliary. Bill Seeley is chairman of the fire commissioners.

For this dinner, we tried something a little different for photos. Often when I attend these dinners, getting good pictures of the chiefs and the winners proves difficult because of poor lighting or poor backgrounds (for pictures), so last week I purchased a backdrop stand and a nice cotton U.S. flag. It seems to have worked out pretty well tonight and I intend to bring this set up to any future similar events I'm asked to attend.

For those who attended and wish to purchase pictures, there is a link in the upper right of the slide show below, or click here.