The Batavia City Council is on board with a one-year extension of a tentative new sales tax agreement with Genesee County as long as county legislators also act to facilitate the “special legislation” necessary to secure a 40-year deal.

During a Special Conference Meeting tonight at City Hall, council members opted to move a resolution calling for a 12-month extension agreement to its Conference Meeting on Oct. 22, but want assurances that Genesee County lawmakers will be taking up the measure as well.

“The one-year extension is consistent with the 40-year agreement … and the special legislation hopefully will lead to (the passage) of the 40-year agreement,” Interim Manager Matt Worth said. “It would not have been approved by the state Comptroller’s Office (without the special legislation). So, the county will meet concurrently and then it will go to the Comptroller.”

City Attorney George Van Nest explained that the county attorney was advised in mid-September of “feedback he got from the state Comptroller’s Office that there was a little discomfort (with the 40-year term).”

Van Nest said pursuing the special legislation through the state legislature is the “best approach and the most cautious approach.”

In a memo to City Council dated Oct. 2, Worth referred to precedent for such a move, citing previous agreements in Wayne and Ontario counties.

The City and Genesee County have reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year. In future years, the City’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

City Council President Eugene Jankowski said he was in favor of the special legislation because “it will protect us. It becomes not just an agreement, but one approved by the state legislature.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Council Member Robert Bialkowski said he wanted to know how much the county actually needs for these big ticket items.

“What do I tell my constituents?" he asked.

Worth said he wasn’t sure of the numbers, but said the county jail cost is expected to be around $50 million.

The county is expected to act on the extension on Oct. 17, Worth said, noting that the extension will expire on Dec. 31, 2019.

Jankowski said the ruling from the state Comptroller’s Office came as a bit of a surprise.

“The county attorney had been in contact with the state all along and at the last minute, it was like somebody finally read it, and said, ‘Oh, it’s a 40-year agreement,’ ” he said.

During the Business Meeting held before the Conference Meeting, Council:

-- Voted 8-1 to continue extra compensation for Worth ($1,000 per month), and James Ficarella, Ray Tourt and Lisa Neary ($750 per month each) through the pay period ending Jan. 4, 2019, for their additional work during the time the City has been without a city manager and assistant city manager.

The lone “no” vote was cast by Rose Mary Christian, who previously stated that she believes the additional pay should end when the new manager, Martin Moore, assumes his duties on Oct. 15.

-- Voted 9-0 to support the Fire Department’s implementation of an external Emergency Medical Technician class to be offered on an annual basis and to accept a $1,500 state grant to continue a child safety seat initiative.

The EMT class is for citizens interested in becoming EMTs for their own personal benefit as well as those who offer their services to other fire, rescue or Emergency Medical Service agency.

A two-car accident with injuries and air-bag deployment is reported at West Main and River streets. It was a rear-ender. it is blocking traffic. Batavia Fire Department and Mercy medics are responding.

A motor-vehicle accident is blocking traffic at Route 33 and Wortendyke Road. Minor injuries reported. East Pembroke Fire Department and Mercy medics are responding.

Three goats at Pully's Farm Market in Le Roy this afternoon stick their heads through the fence of their pasture to chew on grass on the other side, which is apparently greener and tastier.

Below, a tractor on a little bump of a hill next to the parking lot at Pully's.

Press release:

Nate McMurray, the Democratic and Working Families Party candidate for New York’s 27th Congressional District, today showed a major force of strength raising more than $475,000 in the campaign’s third quarter.  The vast majority of it was raised in the seven weeks following incumbent Member of Congress Chris Collins being indicted on charges of insider trading and lying to the FBI.

The momentum of Nate’s campaign is accelerating even as the campaign is still counting checks from September.
 
“I’m proud to show the party bosses that our grassroots campaign has the resources to go toe-to-toe with special interest dark money and Mr. Collins’ dirty attack ads. We’re only getting started,” McMurray said. “I have been crisscrossing this district since January meeting thousands of voters from across Western and Central New York.

"We’ve been fueled by potlucks and picnics and our grassroots support has been growing from day one. But this race now has, and deserves, national attention. Mr. Collins’ arrest put NY-27 in the spotlight because it’s obvious to everyone, and certainly voters here, that they deserve better than a representative out on bail.

"I understand how big this district is – I know because I’ve been everywhere talking to voters about healthcare, Social Security, and how to help small businesses and family farms succeed – and I know that it’s important we get our message everywhere. You can expect to see us on TV soon and expect to see our grassroots supporters out in their neighborhoods, spreading our message of integrity and a system that works for the working men and women of this district.”
 
Nate’s impressive fundraising comes even as he will not accept corporate PAC money. Last week, he was endorsed by End Citizens United, a group dedicated to getting Big Money out of politics and fixing the rigged system in Washington so it works for all Americans.
 
It was Aug. 10 when Mr. Collins was arrested on charges of insider trading and lying to the FBI but it was only Sept. 17 when voters of this region learned that it would be Mr. Collins running for reelection after weeks of bait-and-switch legal shenanigans.

It’s no surprise that overwhelming support has come to Nate since voters learned that he would be running against Mr. Collins.

In that time, Nate has built a professional finance operation, built up his campaign staff, and opened seven offices to hold the massive volunteer base.

Nate has also received the support of the working men and women of the district with support from:

• Amalgamated Transit Union
• American Federation of Government Employees
• American Federation of State, County and Municipal Employees
• Buffalo Building Trades Council
• Civil Service Employees Association
• Communication Workers of America
• International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Local 9
• International Association of Machinists and Aerospace Workers
• International Brotherhood of Electrical Workers
• International Brotherhood of Teamsters
• International Union of Operating Engineers
• International Union of Painters and Allied Trades
• New York State Nurses Association
• New York State United Teachers
• Niagara Building Trades Council
• Service Employees International Union 1199
• United Association of Plumbers, Fitters, Welders, & Service Techs
• United Automobile, Aerospace, and Agricultural Workers of America
• United Brotherhood of Carpenters
• United Food and Commercial Workers
• United Steel Workers

NOTE: The Batavian has suspended publication of press releases from Rep. Chris Collins until Collins agrees to an interview.

Joseph Michael Dispenza Sr., 45, of Maple Street, Batavia, is charged with second-degree menacing with a dangerous instrument. At 7:09 p.m. on Oct. 5 on Oak Orchard Road in Elba, Dispenza was arrested following a report and police investigation of a person threatening people in the woods with a knife. He was issued an appearance ticket and is due in Elba Town Court at 5 p.m. on Oct. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Austin Heberlein.

David Michael Pierleoni, 32, of Whittier Road, Rochester, is charged with fourth-degree grand larceny. At 5:34 p.m. on Sept. 24, Genesee County Sheriff's deputies responded to Kohl's department store for a larceny complaint. Pierleoni was arrested for allegedly stealing $1,097 in merchandise from the store. He was issued an appearance ticket for 1 p.m. on Oct. 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Christopher Parker.

Jon T. Magliocco, 41, of Liberty Street, Batavia, is a registered Level 3 sex offender charged with failure to report a change, in this case, to register an Internet account; first offense. He is required by law to register any change in Internet accounts with the NYS Division of Criminal Justice Service. He was jailed without bail and is due in City Court on Nov. 1. He is currently an inmate of the NYS Department of Corrections and Community Supervision -- Clinton Correctional Facility in Dannemora -- and will remain in their custody. The case was investigated by Batavia Police Investigator Eric Hill.

Gary L. Williams, 26, and Matthew Reed, no age provided, of Hutchins Place, Batavia, are charged with disorderly conduct / using obscene language in public. They were arrested at 3:15 p.m. on Oct. 2 on Hutchins Place after allegedly repeatedly screaming obscenities, racial slurs and threats to harm / murder another person -- all while outside in a public place in the presence of neighbors and a gathering of young children. The men continued screaming obscenities despite being warned by police to stop, according to the police report. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Kyle-Jacob T. Fitzpatrick, 29, of Smyrna, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of driving a commercial vehicle while intoxicated, a Class A misdemeanor; one count of driving a commercial vehicle while ability impaired by drugs, a Class A misdemeanor; one count of failure to maintain lane, a violation; and one count of failure to keep right, a violation. At approximately 12:30 p.m. on Oct. 5, patrols received a complaint of erratic operation of a tractor-trailer in the Village of Le Roy. Patrols were able to locate the vehicle and while observing it, the vehicle allegedly failed to maintain its designated lane; this caused oncoming traffic to leave their lane to avoid a collision. After a brief investigation, it is believed that Fitzpatrick was operating the vehicle in an intoxicated state. Fitzpatrick was taken into custody without incident evaluated by a drug recognizant expert. He was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $500 bail. Fitzpatrick's driver’s license is suspended pending outcome of the charges. Fitzpatrick is to return to the Le Roy Town Court on Nov. 5.

Alecia K. Urban, 32, of Hutchins Street, Batavia, is charged with falsely reporting an incident. She allegedly reported a motor-vehicle accident to a police officer, alleging it occurred at a particular location, time and under different circumstances than what actually occurred. She was arrested at 12:20 p.m. on Oct. 1 and was issued an appearance ticket. Urban is due in city court on Oct. 9. The case was investigated by Batavia Police Officer Jamie Givens.

Dylan M. Conte, 25, of Bacon Street, Le Roy, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of burglary in the third degree, a Class D felony; one count of criminal mischief in the fourth degree, a Class A misdemeanor; and one count of petit larceny, also a Class A misdemeanor. In the early morning of Oct. 5, the Le Roy Police Department responded to a complaint of a subject breaking windows on a building located in the Village of Le Roy. Upon arrival, patrols located Conte in the area. After a brief investigation, it is believed Conte allegedly entered the building and took an item that was located inside. Conte also damaged a window located on the building. He was arraigned in the Le Roy Town Court and put in Genesee County Jail in lieu of $10,000 bail. Conte is to return to the Le Roy Town Court on Nov. 5.

Ryan David Shumway, 39, of Jackson Street, Batavia, is charged with disorderly conduct. He was arrested at 2:10 a.m. on Oct. 2 on Jackson Street and issued an appearance ticket for city court on Oct. 9. The case was handled by Batavia Police Officer Kyle Krtanik.

Kevin W. Howard, 18, of Chili Avenue, Chili, is charged with failure to appear. On the afternoon of Oct. 2, Howard turned himself in on an active bench warrant for failing to appear in court. He was arraigned in city court and released under the supervision of Genesee Justice. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Two cars and a fuel truck collided at Pearl Street Road and Wortendyke Road. The fuel truck is leaking. East Pembroke Fire Department and Mercy medics #1 and #2 are responding.

UPDATE 12:40 p.m.: Injuries are reported. The tanker rolled over. Town of Batavia Fire Police are called to shut down Route 33 east of Wortendyke; Corfu Fire Police are to close 33 west of Wortendyke.

UPDATE 12:44 p.m.: The county's Hazmat Team is called to stand by at county facilities.

UPDATE 12:49 p.m.: Alexander Fire Department is asked to shut down northbound Wortendyke Road at Rose Road.

UPDATE 1:15 p.m.: Preliminary indications are that a gray vehicle and a white van were involved in an accident on Pearl Street Road west of Wortendyke and the driver of a semi-truck hauling gasoline tried to avoid the accident by swerving. The tanker overturned. It is leaking its own fuel, but not the cargo of gasoline. One person was transported to UMMC with non-life-threatening injuries; two others were sign-offs.

Press release:

The Batavia Police Department is looking to speak with this individual as a witness in reference to an incident which occurred at Speedway in July of this year.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Submitted photo and press release:

Farmer’s Creekside Tavern & Inn is transitioning to seasonal winter hours starting Columbus Day.

As of today, Oct. 8, regular dining will be as follows: 

• Wednesday -- Kitchen: 11a.m - 9 p.m.; Bar: 11 a.m. - 11 p.m.
• Thursday -- Kitchen: 11 a.m. - 9 p.m.; Bar: 11 a.m. - 11 p.m.
• Friday -- Kitchen: 11 a.m. - 10 p.m.; Bar: 11 a.m. - 12 a.m.
• Saturday -- Kitchen: 11 a.m. - 10 p.m;. Bar: 11 a.m. - 12 a.m.
• Sunday -- Kitchen: 11 a.m. - 8 p.m.; Bar: 11 a.m. - 10 p.m.

Farmer’s Creekside Tavern & Inn will still be open for overnight guests as well as prescheduled events, meetings and parties.

To utilize the facility for an event, please contact us at Events@FarmersCreekside.com; we’d be happy to host your next happy hour, board meeting, holiday party, etc.

A pair of high-revving right-handers rolled 300 games during last week's league bowling action in the Genesee Region.

On Tuesday, Chris Bardol of Brockport found perfection en route to a 761 series in the G&W Vending League at Rose Garden Bowl in Bergen, and two nights later, Steve O'Dell of Oakfield, put 12 strikes together in the third game for a 725 series in the Toyota of Batavia League at Mancuso Bowling Center.

Also on Tuesday, Scott Bliss of Batavia shot a 299 game and 755 series in the Antique World Coed League at Mancuso's, and on Monday, Paul Baney notched a 290 game in the Sneezy's Monday Night League at Oak Orchard Bowl in Albion.

For the list of high rollers, click on the Pin Points tab at the top of this page.

A revision to the time period of a new sales tax agreement between the City of Batavia and Genesee County is scheduled to be discussed by the Batavia City Council at a Special Conference Meeting at 7 p.m. Tuesday at the City Hall Council Board Room.

In an Oct. 2 memo to City Council, Interim City Manager Matt Worth wrote that the state Comptroller’s office likely would not approve the agreement with its current 40-year term without “special legislation” from the state legislature.

“Genesee County, with support from the City, will be requesting through our state representatives, that this special legislation be introduced for approval during the next available session,” Worth wrote, adding that there is precedent for such a move as Wayne and Ontario counties previously secured similar agreements.

 As a result, Genesee County has offered a 12-month extension agreement – through Dec. 31, 2019 – to provide time for the “special legislation” to go through the legislative process and pave the way for the signing of a 40-year pact, Worth wrote.

In September, Worth reported that the City and Genesee County reached a deal giving Batavia 16 percent of the county’s 50 percent share of the 8 percent sales tax through the end of 2018 – with provisions for that amount to grow in future years by a maximum of 2 percent per year.

Per the memo:

“If future sales tax growth exceeds 2 percent annually, the County will retain the amount above 2 percent, resulting in the City’s overall share changing even though the City received additional funds. Assuming that there will be growth above 2 percent during some years, eventually the City’s share of sales tax will become 14 percent of the total – which then removes the 2 percent maximum growth cap. The City will remain at 14 percent thereafter for the remainder of the contract.”

County legislators deemed that a change in the current agreement was necessary due to pending large expenditures, primarily a new county jail and several bridge replacements/repairs.

Also on the Conference Meeting agenda is a recommendation from the City Planning & Development Committee concerning a request by City Church to rezone several parcels on Liberty Street and Central Avenue from R-3 Residential to C-3 Central Commercial.

According to a letter dated Sept. 19 from Duane President, PDC chairperson, a vote to rezone five Liberty Street parcels and one Central Avenue parcel resulted in two in favor, one opposed and one abstention. Three votes were needed for it to pass, however, and the issue remains on the table.

Preston, speaking today by telephone, said his committee now has decided to approach the matter with a focus on creating an alternate zoning district or establishing a new district classification.

“We don’t want to do spot zoning in the city, but we want to work with City Church to come up with the right zoning,” Preston said. “We need to protect residents on the street in case the property is sold in the future and we don’t want to hurt what City Church is doing for the city.”

Preston said the PDC has called upon the city attorney to make changes that would satisfy both residents and the church.

City Church purchased the former St. Anthony’s Church campus, which included a sanctuary, school and residence, in 2016.

The Rev. Martin Macdonald, pastor, has indicated that the church wishes to offer activities such as a dance school, art school and community education classes that, according to city planners, could be considered a business activity and nonconforming use in an R-3 district.

More recently, it was reported that City Church is negotiating with the City to relocate the Batavia Youth Bureau from its current location on MacArthur Drive to the Liberty Street property. The proposal is supported by the United Way of Genesee County and other agencies, and is contingent upon the zoning change.