Press release:

The City of Batavia Fire Department joins the National Highway Traffic Safety Administration (NHTSA) and the New York State Governor’s Traffic Safety Council (GTSC) to commemorate National Child Passenger Safety Week (Sept. 13-19).

Safety seats, if used correctly, can dramatically reduce the risk of fatality or injury to children involved in car crashes. Therefore, even if you think you have your child in the right car seat, you should check again to be sure, as the latest data from the U.S. Department of Transportation’s National Highway Transportation Safety Administration (NHTSA) shows that approximately 59 percent of car seats are misused. Furthermore, in 2013 more than one-third of children killed in car crashes were completely unrestrained – meaning that they were not in car seats, booster seats or wearing seat belts.

Child Passenger Safety Week is a nationwide community effort sponsored by NHTSA to provide education on how to use car seats, booster seats and seat belts for children. The week concludes with National Seat Check Saturday on Sept. 19th, when certified Child Passenger Safety Technicians across the country will be available at local car seat inspection stations to offer advice and instruction to parents and caregivers about choosing the right car seat for their child, the importance of registering car seats with the manufacturer, and what to expect if the seat is subject to a safety recall.

The City of Batavia Fire Department will be hosting the National Seat Check Saturday event on Saturday, Sept. 19th from 10 a.m. to noon at the City of Batavia Fire Department (18 Evans St.). The event will be held rain or shine. Nationally Certified Child Passenger Safety Technicians will be on hand to ensure the proper installation and use of child safety seats.

The difference between the six-foot limit on a fence in the Town of Stafford and the actual height -- whatever it is -- of the fence James Pontillo built on his property is enough to reduce the sunlight falling on the neighboring building, according to Stafford's Zoning Board of Appeals.

That's based on science, said Chairwoman Crista Boldt.

Sort of.

"If we had a scientist come in and measure the amount of daylight that's given to that property next door it would make a difference, just like people in Wyoming when they measured when they put wind towers in Warsaw and they studied how the flicker effect would affect the house, because of the rotation of the Earth and the sun orbiting the Earth it would affect it," Boldt said, "the amount of light."

The reduction of light -- however much that might scientifically be -- would create an "undesirable change," according to ZBA board members.

For that, and other reasons we'll get to, the ZBA voted unanimously to deny Pontillo an area variance for his fence.

An area variance is a tool in New York code enforcement guidelines that gives local officials the ability to allow property owners to make physical changes to structures and property that might otherwise be prohibited by law.

There are five criteria zoning boards use when deciding whether to grant an area variance.

They are:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. 

In this case, the ZBA found the extra foot, two feet or three feet -- depending on who is doing the measuring and where -- would mean less light would reach the neighboring property.

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. 

Yes, the board found Pontillo could build a six-foot-high fence. That would block people in cars and most people standing from seeing over the fence. As for Pontillo's stated goal of building a deck on the back of his building, which is part of the historic Four Corners District, well, Pontillo hasn't even applied for a permit for it, so Boldt indicated she wasn't interested in considering it as a criterion on this point.

Whether the requested area variance is substantial.

As a matter of measurement then -- depending, again, on who is doing the measuring and where --  the extra height, as a matter of percentages, is from 15 to 30 feet higher than the six-foot fence Pontillo could build without a variance.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

James Balonek piped up on this one and said yes, because of the sunlight and the airflow.

The reason for denial Boldt wrote down on the ZBA's form was because granting a variance could impact future decisions of the board and reduce the ability of the code enforcement officer to enforce the law.

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

Boldt read the objection and immediately said it was because Pontillo built the fence. Then she wanted to know from the code enforcement officers when they issued a stop-work order to Pontillo. That led to a discussion with Pontillo and his attorney about the timeline of events.

According to attorney Peter J. Sorgi, Pontillo sought a variance for a fence, was denied, decided to build a different fence and was told by town officials that a fence of six feet or less didn't require approval or permits, so that's what Pontillo set out to build. When the fence, which is in plain view of Town Hall, was nearly complete, Pontillo received a stop-work order and immediately complied.

That's a set of facts nobody in the room explicitly disputed.

Boldt wrote on the ZBA form that the difficulty was self-created.

When Boldt first started going through the criteria, Balonek raised the first objection and said the requested variance would create an undesirable change because it goes against code.

Sorgi pointed out, "that's why you have variances." By that definition, he said, no variance would ever be granted.

Boldt told Sorgi, "We've been trained that it's extremely hard to get a variance."

Press release: 

The New York State Department of Transportation today announced the bridge that carries Route 20 over Oatka Creek in the Town of Pavilion, Genesee County, is being closed for repairs today, Sept. 16, while bridge workers make repairs. The bridge is expected to reopen by Friday, Oct. 2.

The structure is located about a half mile west of Route 19.

A detour will be posted using State Route 19 and State Route 63.

This bridge is being closed following a recent inspection that identified significant steel deterioration.

A caller reports a group of men going door-to-door on Lewiston Road claiming to be a construction crew with leftover asphalt they're looking to unload.

We first reported similar activity involving a group of Gypsies hitting the area in 2010.

The men are reportedly in a white pickup truck and moving in the direction of the city.

A trooper has been dispatched to check the "suspicious condition."

A caller on Washington Avenue in the city just reported that a black male attempted to enter the house via a kitchen screen door. He fled, leaving the door open, and got on a dark-colored bike and was heading toward Dellinger Avenue. He is described as black male, mid-30s, wearing dark clothes and a baseball cap. Police are responding.

Taken this morning from Assemblyman R. Stephen Hawley Drive, just off the Genesee Community College campus.

A construction crew working at 20 Maple Ave. in the Village of Le Roy accidently struck a gas line, causing it to leak and it is hissing. Rochester Gas & Electric Co. is on scene for repairs. Le Roy Fire Department is there, too, and now an engine from Pavilion is also requested to the scene. The gas line affects natural gas service to several homes.

Press release:

YWCA of Genesee County is calling upon former Buffalo Bills Special Teams player Steve Tasker to help kick off this year’s annual Stiletto & Sneaker Walk. He will give opening remarks, go on the walk and be available for a meet-and-greet session afterward.

The walk is set for 5:30 p.m. Thursday, Oct. 1 at YWCA, 301 North St. The walk is $10 and free for children up to 12.

YW Executive Director Jeanne Walton wanted to incorporate schools, especially athletics, into this year’s events as a fresh way to approach an old and ugly topic. Her main impetus was a well-publicized domestic violence incident by a National Football League player last year, and the lack of response by League officials.

It was an opportunity to turn a negative event around by fully addressing the topic of domestic violence, Walton said.

“Unfortunately, I really didn’t see that happen. So I thought on a local level we could do something in a very special way, and primarily through athletics," she said. "Steve Tasker has been a strong voice of the NFL for many years, both as a player and now as a sportscaster, and he seemed to be a great fit as spokesperson for this important topic.”

Tasker’s appearance is part of a collaboration between Genesee Community College and YWCA. GCC plans to bring more than 200 athletes to participate in this Domestic Violence Awareness Month event as part of the state’s requirements to provide related education.

“We’re excited. Last year the student athletes had a good time,” GCC Dean of Students Jennifer Newell said. “The importance of this topic goes beyond the college campus. I think we’ve got a nice partnership going.”

The college campus, and all nine school districts from Genesee County, are helping to push a YW initiative of #Thurple, a reminder to wear purple, the signature color of domestic violence awareness, on Thursdays throughout October.

The college and many area high school football and other sports teams will also be wearing purple socks during the month as a visual display in support of healthy relationships.

“Because domestic violence is not just a women’s issue, we want the support of men and women alike," Walton said.

Sometimes people living in the middle of a domestic situation don't even recognize that it's atypical from healthier surroundings, said Notre Dame High School Principal Wade Bianco.

That's one reason why he feels strongly that his school should be part of October's events.

"If you tell all the kids that this behavior is not normal, it shouldn’t be happening, then they know what to look out for. It’s good to teach them what’s right and what’s wrong,” Bianco said.

He and leaders of Alexander, Batavia, Byron-Bergen, Elba, Le Roy, Pavilion, Oakfield-Alabama and Pembroke have agreed to support the cause by wearing purple socks and clothing, hosting YW staff for a related assembly, painting pinkies purple, going on the annual Stiletto & Sneaker Walk and/or other activities as ways to raise awareness that domestic violence exists.

Purple socks will be available for purchase at the walk. Other awareness events include YW’s yearly Community Harvest Supper, a showcase of local agriculture’s finest, from 4 to 7 p.m. Oct. 1 at YWCA and Kickstands Up for Domestic Violence Prevention at 1 p.m. Oct. 3 at Stan's Harley-Davidson on West Saile Drive.

The supper is $8 and the motorcycle ride is $15 for the driver and $10 for passenger, and includes a meal afterward. All proceeds will go to YWCA's Domestic Violence Crisis & Prevention Services programs.

For information or tickets, call (585) 343-5808.

The Town of Stafford Zoning Board of Appeals meets tonight to discuss the fence James Pontillo erected on his property.

The board's regularly scheduled meetings are for the third Monday of the month. This month, that should have been Sept. 21, but we've been informed the meeting has been moved to 7 o'clock tonight.

Related: after last night's Stafford Town Board meeting, the board passed a resolution authorizing town attorney Kevin Earl to take all steps necessary to enforce code compliance issues against James Pontillo. The resolution retroactively approves any actions taken by Earl.

Here's a PDF of the full resolution.

Mark your calendar: the 12th annual Fur Ball to benefit the Volunteers for Animals -- Spay/Neuter Program will be held starting at 6 p.m. on Saturday, Oct. 24, at the Days Inn in Batavia, located at 200 Oak St.

Expect great food, lots of fun, quality auction items and some surprises, too!

Tickets are $25 each, but $50 if purchased the day of the event. Children 12 and under pay $15. A table of 10 seats is $250. Only 200 tickets are available.

Make checks payable to the Volunteers for Animals -- Spay/Neuter Program.

The volunteers and event coordinators are accepting NEW items for the auction. You can drop them off at the animal shelter on West Main Street Road during adoption hours, or drop them an e-mail if you need them picked up. (www.vol4animals.com)

Adoption hours are:

• Sunday, Monday, Tuesday and Friday -- 1 to 3 p.m.
• Wednesday -- 1 to 3 p.m. and again from 7 to 9 p.m.
• Saturday -- 11 a.m. to 1 p.m.
• Closed Thursday

All of those trees that were trimmed by contractors for National Grid that have been called mangled and butchered will be removed, says City Manager Jason Molino.

They will be cut down, the stumps ground down to sawdust and new trees -- trees that won't grow as tall and cause problems with power lines -- will be planted in their place.

"I think we have a wonderful partnership with National Grid and how that's demonstrated is the fact that we've been able to work out an arrangement that we can partner with them to remove some of these trees," Molino said after Monday's City Council meeting.

Smoking is reportedly coming from the roof of a residence at 27 W. Main St., Le Roy, between Craigie and Clay streets. Le Roy Fire Department is responding along with a ladder truck from Bergen.

UPDATE 4:53 p.m.: A crew from Pavilion is requested to stage in its hall.

UPDATE 5:24 p.m.: Fire Police are requested to shut down traffic at westbound Route 5 at Route 19.

A little more than a year ago, Batavia PD installed a surveillance camera on State Street near Hutchins Place, but Chief Shawn Heubusch said that a year's worth of use hasn't produced enough data to say if it's worthwhile for the city to invest in more such cameras for other locations.

There have been no criminal convictions resulting in use of the camera.

"A lot of times we look back and review footage and see if somebody is involved or not involved (in an incident)," Heubusch said. "It's always good to take a look back when you have video evidence of something."

Heubusch wouldn't reveal whether the camera's feed is regularly monitored, if whole periods of time are regularly reviewed, or if it's only reviewed in the case of specific incidents reported.

Making light of his reluctance to discuss that point, he said, "I don't know if I want to give any secrets away."

The camera was installed in August 2014 because that particular area had been a source of numerous calls for police service in the proceeding months.

Asked if he'd like more cameras, Heubusch said, "we're still evaluating this one."

"It's been up about a year," Heubusch said. "I don't know if that's the perfect time frame for an evaluation period. If it proves its worth, then yes."

The department also has available for patrols a number of body cameras, but not enough for every officer to wear them on every shift.

While body cameras have been touted in the national debate over police conduct, Heubusch said that's not why he wants his officers to wear them.

"The whole premise for my bringing body cameras to the City of Batavia was to collect evidence," Heubusch said. "It wasn't to monitor my officers. I don't think they need that. What it (the camera) does is collect evidence that can subsequently be used at trial or a proceeding so the officer's recollection is always there. You have it in black and white."

A tractor-trailer vs. car accident is reported at Ellicott Street and Harvester Avenue. Unknown injuries. City fire and Mercy medics are responding.

Press release:

The City of Batavia Fire Department is sponsoring the third Annual Fire Prevention Week Poster Contest. This poster contest is open to students from grades one through five.

The 2015 Fire Prevention Week (Oct. 4-10) theme is “Hear the Beep Where You Sleep: Every Bedroom Needs a Working Smoke Alarm.”

“Our hope is to get the children to discuss fire safety with their teachers and fellow students, as well as parents and guardians,” said City of Batavia Fire Department Lt. Greg Ireland.

This poster contest can be a take home project, individual class project or an art class project. Information has been distributed to City schools, but we wanted to include any City area home schooled children as well.

“Our first year doing the contest was met with a great response," Ireland said. "Last year was even better! We are hoping this will be the biggest year yet. We hope that both kids and adults get exposure to fire safety and safe practices, helping to reduce injury and death; maybe even changing some habits along the way. We encourage all eligible students to participate.”

Did you know that some homes don’t even have smoke alarms, and those that do don’t test their smoke alarms as often as they should? When there is a fire, smoke spreads fast. You need working smoke alarms to give you time to get out.

The students' posters should highlight the importance of having and testing smoke detectors in their homes and bedrooms. Ideas and more information can be found at the Fire Prevention Week Web site www.FPW.org

Any posters to be entered in the contest need to be at the Fire Station located at 18 Evans St. in Batavia no later than 4 p.m. on Thursday, Oct. 8. Schools/groups/families may contact us via phone or e-mail to arrange in school pick up of posters.

Posters are to be drawn horizontally on white paper, 8 ½” x 11”. The back of the poster must contain the student's name and phone number, school and grade, and teacher’s name.

Judging of the posters will take place between Oct. 9th – 11th.

The winner of each group will receive a ride to school on a City fire engine, and be invited to a special awards luncheon with their family held at the fire station in late October. Second- and third-place finishers in each group will also be invited to the fire station awards luncheon.

The best of luck to the students! Full rules are available at the City of Batavia Fire Department on Evans Street or by contacting us via e-mail.

For most of his life, Gary Harkness has been collecting the curios of Genesee County. A locally produced bottle here, a knickknack there, anything, really that could be tied to his home community.

This collection, of course, includes pictures, lots and lots of pictures, from rare photos to unique posters and advertising broadsides.

GO ART! has helped Harkness curate this collection into a show at its Batavia gallery for the month of September.

There is an open house for the show at 5 p.m., Friday.

Please help us find our beloved cat Charlie who lives at the Genesee County Nursing Home and has been missing for about a week! Residents and staff miss him dearly!

Please contact Peggy Cook or Amy Mazerbo  @ 585-344-0584.

Rachael A. Glavin, 36, of Rochester Street, Bergen, is charged with third-degree grand larceny, a Class D felony. She was arrested at 7:15 p.m. on Sept. 14 and arraigned in Bergen Town Court, then released under supervision of the Probation Department. She is to be in court again on Oct. 14. She is accused of stealing $3,500 in cash from a business in Bergen where she was employed. She allegedly stole money on numerous occasions during her employment over a six-month period from January through June. The case was handled by Sheriff's Investigator Kristopher A. Kautz and Deputy Jason Saile.

Cody Daniel Edward Mayer, 23, of South Lake Street, Bergen, is charged with possession of a hypodermic instrument, unlawful possession of marijuana, and second-degree aggravated unlicensed operation. On Sept. 14, he was arrested following a traffic stop on Route 237, Byron. It is alleged that Mayer possessed a hypodermic needle unlawfully along with marijuana and that he was operating a motor vehicle on a public highway while his driver's license with suspended a total of 10 times on six separate dates. He was issued an appearance ticket returnable to the Byron Town Court Oct. 26. The case of investigated by Sheriff's Deputy Joseph Corona.

A local man was charged with unauthorized use of a vehicle after a car he allegedly took from a relative was identified as a vehicle involved in a drive-by shooting in Rochester.

The State Police did not release details on the Rochester case, which is being investigated by the police department there.

Arrested and jailed on $1,000 bail was Ryan M. Bobzin, 26, of Byron. 

No further details released.

Press release:

On Monday, Sept. 14, the Finger Lakes Regional Economic Development Council (FLREDC) approved its 2015 Progress Report, which includes the Council’s list of priority projects it is recommending for funding in Round V of Governor Andrew Cuomo’s Regional Economic Development Council (REDC) initiative.

The Progress Report, which provides an annual update for the nine-county region (Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties), will now be finalized and submitted to New York State by the Sept. 21st deadline.

Following the Progress Report vote, the FLREDC also held a special public forum on its draft Upstate Revitalization Initiative (URI) plan, at which it proposed approximately two dozen initiatives to be highlighted within the URI plan as example projects for possible funding – should the Finger Lakes be selected as a URI winner. These initiatives focus on four main URI goals identified by the FLREDC: job growth, increasing regional wealth, attracting private investment and reducing poverty.

In a written statement FLREDC Co-chairs, University of Rochester President Joel Seligman and Wegmans Food Markets CEO Danny Wegman, said: “This year, Governor Cuomo has presented Upstate communities with unprecedented opportunities to leverage public funding for projects that can help transform our regional economy. By providing these priority projects and initiatives for public review we seek to ensure they embody the strategic and diversified approach necessary to grow our region.”

Included below is a summary of the highlighted initiatives proposed for the URI plan and the full list of endorsed Priority Projects being recommended for capital grant funding from Empire State Development (ESD) this year in Round V of the REDC awards. Note that while the Priority Project list herein does not include projects seeking CFA awards from State agencies other than ESD, those projects still have the opportunity to receive funding.

URI Highlighted Initiatives

The FLREDC released the following proposed initiatives to be included in the URI plan. These initiatives are highlighted in the plan to serve as example opportunities for possible public and private investment in key strategic areas identified by the plan, but are not specific funding recommendations:

• Agriculture & Food Production – Support of FLX Food, an initiative focused on organics and the future of the food ecosystem; an Eco-Brewing District created by North American Breweries around their facility downtown Rochester at High Falls; and a new initiative to cultivate sustainable food production, capitalizing on expertise already at Rochester Institute of Technology and Cornell University.
• Next-Generation Manufacturing & Technology – Several projects highlighted in all three key hub locations, including: (1) Eastman Business Park (EBP) – Sweetwater’s biorefinery project; improvement of technology assets at EBP specifically addressing capacity to grow companies in energy storage, materials and nanotechnology; establishment of an AIM Photonics Manufacturing Center at EBP; (2) Downtown Innovation Zone – Rochester Regional Fund to invest in key downtown assets; redevelopment of the Inner Loop, which will include 17 acres of new developable parcels; (3) Science and Technology Advanced Manufacturing Park (STAMP) – Project Eagle to bring a solar manufacturing facility as the park’s first tenant; confidential nanoscale manufacturing project considering STAMP as a site.
• Pathways to Prosperity – Monroe Community College’s Finger Lakes Workforce Development Center (FWD Center) at EBP; support for the Rochester-Monroe Anti-Poverty Initiative (RMAPI) based around the creation of a coordinated system for those in need; expansion of Hillside Work-Scholarship Connection; and programs to help ex-offenders and the working poor receive job training and placement.
• Entrepreneurship & Development – Creation of a Finger Lakes Venture Fund to provide critically necessary capital to startups; buildout an urban development ecosystem for business efforts in the urban core; SUNY Geneseo’s Center for Entrepreneurship, Innovation and Economic Development, which will provide a new central location for expanded business services.
• Higher Education & Research – UR’s Goergen Institute for Data Science to meet the growing need for data scientists; RIT’s Center for Advanced Technology in Additive Manufacturing and Multifunctional Printing for 3D printing commercialization and product development; UR’s Neurorestoration Institute to expand the areas preeminence in this growing field.

2015 FLREDC Priority Project Recommendations for CFA Round V -- Genesee County

• Town of Alabama    Water Project to Support STAMP     $1,500,000
• Genesee County IDA    Le Roy Food and Technology Park    $1,000,000
• Genesee County IDA (Gateway LDC)    Ag Park Infrastructure    $500,000

This year, the 10 Regional Councils will once again compete for awards from up to $750 million in state economic development resources through Round V of the REDC competition. Additionally, through the new Upstate Revitalization Initiative (URI), seven regions – Finger Lakes, Southern Tier, Central New York, Mohawk Valley, North Country, Capital District, and Mid-Hudson – are eligible to compete for three $500 million awards, disbursed at a rate of $100 million per year for five years.

The three Upstate winners of the URI will receive approximately $130 million each this year ($100 million in URI funding, and an estimated $30 million from Round V of the REDC competition). Aside from those regions, three regions will earn “Top Performer” distinction in the REDC competition and will receive approximately $105 million each. Finally, the remaining four regions will receive approximately $90 million each through the REDC competition – which is more than the average amount awarded to the top place finisher in prior years. This approach ensures that no region is a “loser,” while also maintaining the competitive nature that has worked so well to bring local business, academic, and community leaders together to develop long term, impressive economic visions for their regions.

Show Your Support for the FLREDC URI Plan
The FLREDC today also launched a new website where anyone can sign up in support of the draft URI plan: www.regionalcouncils.ny.gov/content/flredc-uri-support-form
Detailed comments for the URI plan will continue to be accepted until September 18th on the website: http://regionalcouncils.ny.gov/content/flredc-uri-public-response-form

About the Regional Economic Development Councils
The Regional Economic Development Council initiative (REDC) is a key component of Governor Andrew M. Cuomo's transformative approach to State investment and economic development. In 2011, Governor Cuomo established 10 Regional Councils to develop long-term strategic plans for economic growth for their regions. The Councils are public-private partnerships made up of local experts and stakeholders from business, academia, local government, and non-governmental organizations. The Regional Councils have redefined the way New York invests in jobs and economic growth by putting in place a community-based, bottom up approach and establishing a competitive process for State resources. After four rounds of the REDC process, nearly $3 billion has been awarded to more than 3,100 job creation and community development projects consistent with each region's strategic plans, supporting the creation or retention of more than 150,000 jobs. For more information on the Regional Councils, visit www.regionalcouncils.ny.gov.

About the Upstate Revitalization Initiative
In January of this year, Governor Cuomo announced the Upstate Revitalization Initiative (URI) and the partnership between the Regional Economic Development Councils to invest $1.5 billion in Upstate New York. The URI is an opportunity for communities to address the economic challenges of their regions and work together in bringing jobs back Upstate. The URI is a separate competition and deadline from the REDC process. The URI includes up to $500 million for three regions to implement over a five-year period. The following regions may submit one revitalization plan by Oct. 5, 2015: Finger Lakes, Southern Tier, Central New York, Mohawk Valley, North Country, Capital District and Mid-Hudson.