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Whether Vibrant Batavia gets funded in 2016-17 depends on how a resolution passed a year ago by the City Council is interpreted by the City Council this year, and that decision will wait for another meeting, this year's City Council decided last night.

A year ago, the council made 2016-17 funding contingent on Vibrant Batavia securing $15,000 from another funding source, but the available language of the resolution seems unclear whether Vibrant Batavia must already have that funding in place or if the group of volunteers must have a plan in place for raising the money before the end of the fiscal year.

City Manager Jason Molino wasn't at the meeting last night and council members would like to hear from him and to review the minutes from a year ago to help with the interpretation of the resolution.

That said, it's a resolution, so it isn't binding. If there are five votes against Vibrant Batavia, the meaning of the resolution could be moot.

When Council President Eugene Jankowski asked council members to vote on a motion to request more information from Molino, four members -- Rosemary Christian, Kathy Briggs, Al McGinnis and Paul Viele -- all voted against even getting more information before making a decision.

Councilman Brooks Hawley was not at Monday's meeting, but it's not clear that other council members would support Vibrant Batavia if came down to a binding vote.

McGinnis likened Vibrant Batavia to socialism. He thinks the government shouldn't take the initiative on what private citizens should do.

Rosemary Christian said she was promised years ago that a spray park would be built on the Southside and she wonders whatever happened to that idea, and there are sidewalks that need repaired and police cameras that should be purchased.

"We need other things more than we need Vibrant Batavia, no ifs, ands and buts about it," she said.

Jankowski said everybody agrees that Vibrant Batavia has done good work over the past three years.

"There's no debate about it," Jankowski said. "The debate is on how to fund it. That's where the split is."

While the motion failed on the 4-4 vote, it really only takes one council member to request an item be placed on a conference agenda (it takes majority approval to place an item on a business agenda), so the council will be able to take up the issue again at the next conference meeting that Molino is able to attend.

The Batavia City Council handed out its annual awards at last night's meeting.

Above, Debbie and Dan Fischer, owners of WBTA, receive the Business of the Year Award from Councilman Adam Tabelski.

For more on the awards, click here.

Don and Pam Hirons, Homeowners of the Year, with Councilwoman Patti Pacino.

Tonya Passamonte and Adam Steadman, Homeowners of the Year.

Employee of the Year, Officer Chad Richards, and Volunteer of the Year, Larry Barnes, were unable to attend the meeting.

A resident in Le Roy reports smoke coming from the wires attached to the house at 62 Church St., along with a popping sound.

No sign of fire.

Le Roy fire dispatched with mutual aid from Bergen's ladder truck.

UPDATE 10:47 a.m.: Le Roy police officer on scene reports smoking coming from an outlet on the outside of the residence.

UPDATE 10:59 a.m.: There appears to be no extension into the house. National Grid is sending a crew out, 15-minute ETA.

The Byron-Bergen Central School District’s Board of Education has named Mickey Edwards as the district’s next Superintendent. Edwards’ start date is July 1.

“The search process was rigorous and the Board of Education truly values the input we received from the various stakeholder groups, including staff, and community members who met with the candidates to help us make a final decision,” said Board President Debi List.

“With his dedication, enthusiasm, and professional background, along with a deep understanding of many aspects of educational leadership, our board feels that Mr. Edwards is an excellent fit for the students, faculty and staff of the district."

Edwards currently serves as the superintendent of Wyoming Central Schools located in Wyoming, NY. Previously, he served as the coordinator of Curriculum and Instruction for Orleans/Niagara BOCES, a position he held from 2009 until 2014.

Edwards began teaching in 1995 as an art teacher for the Hilton Central School District. In 1996, he began teaching at Albion Central Schools as an Art/Technology instructor. He continued his career at Albion Central Schools serving as the elementary school dean of students, middle school assistant principal and high school principal. Edwards is a veteran of the Marine Corp.

Edwards earned a Bachelor of Science in Art Education from Roberts Wesleyan College, and a Master of Arts in Liberal Studies from The College at Brockport. He holds a School District Administrator certificate from The College at Brockport.

“I am very excited to join the Byron-Bergen Central School District team and meet the staff, students, and the community members of Byron and Bergen. Byron-Bergen Central School District should be proud of its many accomplishments and strengths. I look forward to continuing this tradition of excellence as we work together to ensure that our students are successful and prepared for tomorrow,” Edwards said.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as search consultant. MacDonald said the Board developed and implemented a process that helped to determine the best candidate.

“Mr. Edwards understands the challenges and issues the districts in our region face. His breadth of experience, and educational leadership will greatly benefit this district as he works with the Board of Education, staff and community to provide a quality education for the children of this community,” MacDonald said.

A car vs. truck accident is reported at mile marker 404 of the Thruway. That's in Pembroke.

A chief on scene reports one minor head injury.

Indian Falls fire and Pembroke fire responding along with Mercy EMS.

The Batavia City Council will be asked tonight to reaffirm its five-year commitment to community improvement during a discussion about continued funding of Vibrant Batavia.

Vibrant Batavia grew out of the City's Community Improvement Plan, approved by the council in 2012.

The plan was to undertake a series of initiatives aimed at creating stronger neighborhoods, "reenergizing the sense of pride that defined Batavia for so many years, yet which has, to a certain extent, become dormant," City Manager Jason Molino wrote in a memo to council in advance of tonight's meeting.

The meeting begins at 7 p.m. at City Hall.

The proposed funding for the next two years of activities:

• $25,000 committed by council for current fiscal year
• $24,000 remaining from prior year appropriations
• $33,000 received from the auction of house at 109 Walnut St.
• $15,000 Community Development Block Grant funds from the Healthy Blocks initiative for low- and moderate-income areas.

The remaining two years of the Vibrant Batavia plan would include hiring a new coordinator, neighborhood initiatives for Summit Street, an open house with an architect on best practices for home improvements, more neighborhood initiatives in the second year, coffee talks, publication of positive stories about Batavia, a community-wide yard sale, support for neighborhood groups, and landlord and homeowner workshops.

Over the first three years of Vibrant Batavia, it received local resident and business support and more than $135,000 in donations, mostly for the Centennial celebration, and more than $50,000 in revenue from the publication "Vibrant Times."

Molino lists 15 accomplishments for Vibrant Batavia, including bringing community groups together, five coffee talks in which 50 residents attended, more than a dozen neighborhood activities, the Centennial celebration, a bike rack project, a community-wide yard sale and publication of "Vibrant Times."

Press release:

Congressman Chris Collins (NY-27) today released the following statement recognizing United States Navy Veteran, Kenneth A. Dehm, of Batavia, as New York 27th Congressional District’s April "Veteran of the Month." The "Veteran of the Month" is a new program established by Congressman Collins’ office to recognize the dedication and service of NY-27’s veterans.

“I was honored to have the opportunity to meet with Ken and his family and hear him share memories of his time in the service,” Congressman Collins said. “To have so many of Ken’s family members and friends in attendance to see Ken receive this honor was truly special.

"We are all very grateful for his service. My office will continue to recognize a local ‘Veteran of the Month’ as a small thank you to the thousands of Western New York veterans who have selflessly served our country.”

Kenneth Dehm served in the United States Navy from 1942-1946. During his years of service, Kenneth served aboard the U.S.S. Barnegat. Congressman Collins joined Ken’s children, grandchildren and other family and friends at a ceremony where he presented Kenneth with a Congressional Certificate of Commendation and a flag flown over the United States Capitol Building.

Mr. Dehm was presented this recognition at a ceremony at the Glenn S. Loomis VFW Post 332 on Saturday, April 23rd. A certificate from Assemblyman Steve Hawley was also presented at the ceremony.

Each month, Congressman Chris Collins will recognize a local "Veteran of the Month" with an American flag that was flown over the Capitol Building in Washington, D.C., and a Congressional Commendation Certificate.

The winners of last week's Mr. Batavia contest at Batavia High School presented their checks to the charities of their choices today in the school's library.

Above, Mr. Batavia Ross Chua presents a check for $2,055 to his father, Dave Chua. Dave is with the Batavia Kiwanis Club and leads the club's 5K team, which raises funds for research into autism.

Micheal Hughes, one of two second-place finishers, presented a check for $1,020 to Jaylene Smith-Kilner and Jessica Maguire Tomidy for Habitat for Humanity.

Dwayne Fonda presented his check to Chuck Marra, with the American Red Cross.

Thwarted once, local businessman and developer Pete McQuillen is kicking the tires of an idea to revive his Robbins Nest housing neighborhood on the south end of the Village of Le Roy.

McQuillen started pursuing the project in about 2010, thought he had the necessary approvals to move forward, then a lawsuit forced him to go back to the village board for approval of the necessary zoning change.

At a September 2012 meeting, McQuillen learned that two village board members -- Bob Taylor and Mike Tucci -- would not vote on the resolution because they felt they had a conflict of interest.

Taylor's nephew is Steve Barbeau and Tucci worked for Tompkins Insurance under the supervision of David Boyce. Barbeau, the Town of Le Roy supervisor, and Boyce, were leads in the lawsuit against McQuillen.

The two men are neighbors in a neighborhood known as Presidential Acres, which abuts McQuillen's property he would like to convert into Robbins Nest.

At the time, McQuillen's plan was to build 26 homes on 13.1 acres east of Robbins Road and south of Fillmore Street, with prices ranging from $130,000 to $160,000, and sold as part of a planned community to seniors.

In order to move forward, he needed approval for a Planned Unit Development (PUD), which requires a zoning change, which requires approvals from the Zoning Board of Appeals (then a joint agency of the town and the village), the village board and the County Planning Board.

He got all of those approvals once, but then the lawsuit voided the village vote and without Taylor and Tucci willing to say yes or no, the board couldn't proceed and McQuillen had to drop his plan.

Now Tucci is off the board, so at a meeting April 13, McQuillen asked during public comments if he revived his plan, would the village board at least vote on it (he didn't ask whether they would approve it). Mayor Greg Rogers polled each board member and all said they would vote on it, if a proposal was brought to them.

Reached today, McQuillen said he is merely exploring the idea of reviving Robbins Nest at this time. Going to the village board was just the first step. He also wants to see how the county might respond.  

Rogers said he was surprised by McQuillen's request. Robbins Nest wasn't an item on the agenda. McQuillen just showed up and asked his question and that's all it was, Rogers said.

We reached out to Barbeau and Boyce for comment. We've yet to get a response from Barbeau; and Boyce declined to comment.

Boyce is one of several plaintiffs, all Presidential Acres residents, in another lawsuit with McQuillen as one of the defendants. The lawsuit is over several duplexes built on the west side of Presidential Acres, which the plaintiffs claim violates the subdivision plan. 

That lawsuit, filed in 2014, is scheduled to go to trial next week.

If you've read this far and the history of this development doesn't seem like enough of a twisted path yet, the history also includes Barbeau being arrested after an altercation with McQuillen over a barn McQuillen built close to Barbeau's property line. Also part of the history, Rogers took responsibility for allowing the village to pave a road owned by McQuillen at the time.

McQuillen said the next step for him to is to go the county to see what kind of response he might get, but County Planning Director Felipe A. Oltramari said there is nothing barring McQuillen from getting the paperwork started with the village. It would be up to the village to submit a request for consideration by the County Planning Board on the zoning change.

It isn't unusual for rejected or stalled proposals to come back up for reconsideration, Oltramari said.

"It often happens that applicants will come back a few months for few years later, depending on how political the issue was," Oltramari said.

UPDATE 8:56 p.m.: Earlier this evening, Steve Barbeau​ responded to our request for a comment.  Here is his statement: "There were and are numerous legal, practical, and ethical reasons why the property in question should not be rezoned."

Press release:

The Byron-Bergen chapter of the National Honor Society (NHS) welcomed 15 new student members to their distinguished company on April 20.

The service included congratulations from Interim Superintendent Jon Hunter, Ph.D., along with the time-honored candle-lighting ceremony that acknowledges the high standards students in NHS must exhibit in knowledge, character, leadership, service and scholarship.

Inductees each received a yellow rose, which they shared with family members, and were presented with their traditional honor cords and certificates.

Jr./Sr. High School Principal Patrick McGee asked students to consider the question posed in Malcolm Gladwell’s book, “Outliers”: Why do some people succeed, living remarkably productive and impactful lives, while so many more never reach their potential? He challenged students to work hard and use every opportunity they can find to fulfill their promising futures.

Students also heard from two inspiring guest speakers, Amy (Seward) Stacy (Class of 1980), and Helen Hulburt, the mother of Judy (Hulburt) Holly (Class of 1976). Stacy and Holly were this year’s Alumni Hall of Fame honorees.

The 2016 inductees to the Byron-Bergen National Honor Society are: Cameron Brumsted, Catherine Brumsted, Lauren Burke, Benjamin Chaback, Quinn Chapell, Brionna DeMichel, Margaret Graney, Justin Hannan, Hayley Hoehn, Brian Ireland, Daniel Jensen, Peyton Mackey, Makenzie Muoio, Leah Thompson and Dana VanValkenburg.

Current Members of the Byron-Bergen National Honor Society are: Olivia Audsley, Merrisa Bohn, Rose Bower, Bethany Ezard, Rider Farnsworth, Chase Felton, Clare Fraser, Brittany Goebel, Lauren Graney, Kaitlyn Harder, Ana Hubbard, Cora Ivison, Kelsey Maurer, Taylor McPherson, Celia Mercovich, Ashley Montgomery, Esther Musiyevich, Grace Pulcini, Brittany Rada, Brandon Reiner, Alexandria Rosse, Colby Savage, Adam Walter and Michael Zwerka.

National Honor Society membership not only recognizes students for their accomplishments, but also challenges them to develop further through active involvement in school activities and community service. The organization has chapters in all 50 states, Canada, and beyond.

New York Times: Offering Kids a Taste of Alcohol

Smoke is reported coming from the basement at 8752 Lovers Lane Road, Pembroke.

Pembroke fire, Indian Falls fire and City of Batavia's Fast Team are dispatch.

Corfu is asked to stand by in their fire hall.

UPDATE 7:57 a.m.: The resident tells a chief that she smells something burning. No sign of smoke or fire. The residence has been evacuated.

UPDATE 8:13 a.m.: Burned out sump pump in the basement. The pump will be removed and the smoke cleared.

Anthony Zambito, 12, of Elba, got his first turkey on his first hunt this morning in Elba with his uncle Kelly Creegan.

Town of Batavia Fire Department is among several in the county holding open houses today, as part of a Recruit NY drive for volunteer fire departments.

Batavia's open house continues until 4 today.

Volunteer departments play a vital role in the health and safety of our community. To find out more about volunteering for your local department, visit ReadyGenesee.com.

As part of an Earth Day observance, volunteers came out to the DeWitt Recreation Area in Batavia to help with spring cleanup.

The walk around the park was about more than just trash pickup. It included a guided nature walk led by Amy Jessmer, from Albion, with a degree in environmental science from SUNY Brockport, where she is currently working on her master's degree. Jessmer spoke about native and non-native species and the environmental balance of the lake and surrounding habitat.

The water level of DeWitt is exceptionally low. George Squires, retired from the county's soil and water department, said he doesn't believe he's seen it this low since the 1980s.

The Government Appointed Historians of Western New York are holding their annual meeting at Rochester Club West@Bohn's restaurant in Batavia today.

Above, Robert Lowell Goller, Aurora town historian and East Aurora village historian, talks about maintaining independence as a municipal historian.  Other speakers covered topics on digital changes in the local history field, controversies, scandals surrounding the papers of Warren G. Harding and discovering early Masonic treasures in Upstate. Micheal Eula, Genesee County Historian, gave the first talk of the day on a brief overview of local history in action.

Bergen dedicated its new ambulance Friday evening in honor of Barry Miller, the former EMS chief who was killed in an accident Sept. 23 while responding to a medical call.

Miller was remembered as a man who had a passion for the EMS service and always looked forward in life to new challenges.

"As time passes, his title as director, EMS lieutenant and EMS chief may fade from our memories, but the ones that will always remain are leader, mentor and dear friend," said Deputy Chief Scott Crosier.

Town Supervisor Don Cunningham, a good friend of Miller's, said the ceremony marked a time of transition and he hoped that every time the ambulance rolls on a call in the future that it will be filled with the same passion for service that Miller brought to the job.

"I'd like to think this ceremony opens a new chapter," Cunningham said. "Those of us who knew Barry that moss didn't grow on his walk. He was always moving forward, never lingering in the past, always looking to the next opportunity, up for the next adventure, ready and willing for the next fun thing."

P.J. Cummings sang his song, the "Firefighters Song." Perhaps, he said, it may be the last time he performs the song live.

Pastors Micheal Merry and Matthew French delivered the blessing of the vehicle and prayed over it and Miller's parents, Tracy and Loretta, dedicated it.

Top photo: Bergen Chief Kevin Finucane.

Don Cummingham

P.J. Cummings

Matthew French and Michael Merry

Loretta and Tracy Miller.

The Business Improvement District held its annual meeting and awards at the City Church's Generation Center on Center Street, Batavia, this afternoon.

Above, Beth Kemp and Brian Kemp, owners of T-Shirts Etc., accept one of the two Business awards handed out.

BID Director Laurie Oltramari borrowed from the movie "Moneyball" to talk about focusing on our strengths as a business community and not trying to compete with the big companies on their terms.

Felipe Oltramari, Genesee County's director of planning, delivered a keynote speech, pointing out the Batavia's highest value properties are all downtown. One mixed-use property Downtown is worth more than Walmart in tax revenue. He recommended finding ways to add density to Downtown.

Java Farm Supply, represented by John Bookmiller, also won a BID Business Award.

Kristen Merriam, who works for Charles Men's Shop, was honored as Volunteer of the Year.

Besides a potentially great idea, Georgann Carrubba has one of the key things investors look for in a startup CEO -- passion for an idea that she thinks will make a big change in people's lives.

Though the product she hopes to bring to market is decidedly less sexy than some tech gadget, she thinks her sincerity is what swung a panel of judges in her direction two days ago when they awarded her the $25,000 top prize in the 2016 Rochester Venture Challenge.

The lifelong Batavia resident said she could hardly believe she won, standing on stage in front of 300 people with young men who came to pitch ideas for drones, mobile phones and gaming. 

She had been through this kind of competition before, at Buffalo's 43 North, where tech inventions carried the day.

"I was in complete shock," Carrubba said. "I'm looking at each side of me and it's all technology again. And they're good people and they believe in their products as much as I do, so I was completely caught off my game. When they asked me to speak, I cried. I had to compose myself to say a couple of sentences because I truly did not think we would win. It was a tough competition."

Not only is Carrubba's product less sexy than a tech gadget, it addresses an issue that doesn't even get a lot of attention among the pantheon of people's medical issues that are the subject of telethons, ribbon wearing and 5K races.

We're talking about colostomy and ileostomy patients, people who have bags attached to a hole in their abdomen to collect their bodies' waste.

There are some 800,000 ostomy patients in the United States (perhaps as many as 5 million worldwide), and another 50,000 to 65,000 are given the procedure each year. The surgeries are the results of cancer, disease or accidents and the range of ages includes the very young and the very old.

Up until now, these patients have been saddled with a bulky bag that is prone to leaks and odor and reduced mobility and activity, including sexual activity.

Carrubba became a visiting nurse in 2004 and dealt with many patients who struggled with their ostomy equipment and dealt with the embarrassment of their situation often by avoiding socializing and outside activities. 

She thought in this day and age, why hasn't something better come along?

There had been no significant advance in ostomy care in 60 years.

One evening in 2011, she was sipping coffee at her sister's house and glanced down at a bowl and an idea popped into her head.

"I went home, went to bed, said my prayers and the next day made it in my garage," Carrubba said.

What Carrubba invented -- and secured a patent on -- is a cup-like device that attaches to the diaphragm in the patient's abdominal opening and collects waste. It is secure, airtight and waterproof.

She has a patent pending on a sensor that will be included in the cup so patients will be alerted on an iPhone or iPad when the bag inside the cup needs to be changed.

To go along with the device, called a Choice Cap, patients will be able to purchase biodegradable bags, and perhaps eventually, bags that can be flushed down any toilet, and decorative covers that can match anything from a wedding dress to swimsuit to boxers or a slinky nightgown.

After six design changes in the prototype, Carrubba is ready for the Choice Cap to go through trials with actual patients. Even though the product doesn't require FDA approval, she wants that kind of rigor in the trials so she and her team can collect the feedback and make any design changes  needed before going into production.

She hopes to have the Choice Cap on the market by early 2017.

A journey that began with a spark of inspiration hasn't necessarily been easy or straightforward. Carrubba has never run a business and didn't really know the first thing about starting a business.

She got together with her cousin, Eugene Tenney, an attorney in Buffalo, to help form a company, originally to be called Carten, but it turned out that name wasn't available, so it became Tencar, a company she plans to keep based in Batavia.

She then went to the Innovation Center at the Med-Tech Center, where the Genesee County Economic Development Center staff helped her form an advisory board, provided information and introductions for the startup communities and services in Buffalo and Rochester.

The competitions taught her a lot about the business world, she said, but admits that while she'll remain CEO, she really isn't qualified to be COO or CTO or CFO or any of the other C-suite positions. 

She was particularly grateful to High-Tech Rochester for the training and mentoring program that preceded the competition, and she said the encouragement she received from Theresa Mezzullo and Rami Katz of the investment firm Excell Partners was particularly helpful.

It was Katz who advised Carrubba to just be herself during the pitch, so she showed up in her nurses scrubs and spoke from her heart.

What drivers Carrubba, she said, isn't the allure of entrepreneurial success, or even the potential $2.4 billion domestic market for her product, but the hope of making people's lives better.

"I was never one of those, 'I'm going to invent something and be a millionaire,' " Carrubba said. "No, no, no. I was a nurse. I've always been a nurse. Truth be known, probably a lot of my employers don't like me because I've always been on the side of the patient, whatever is best for the patient. I've always been a patient advocate."