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.

The annual Downtown Batavia Wine Walk, sponsored by the Business Improvement District, was held Saturday evening.

To purchase keepsake prints of photos or digital downloads, click here.

The Byron Fire Department held its annual Sportsman Raffle on Saturday, with several items offered as prizes to those fortunate enough to buy the winning raffle tickets.

The event also included a bake sale and prize raffle offered by the Auxiliary.

An added fundraiser was a fill-the-boot campaign to raise money to assist the Payne family, who lost their home in a fire on Thursday night. Above, Chief Robert Mruczek with the donation boot.

Two Le Roy residents were arrested early Friday morning after police received a complaint that two children had been given them medication to make them sleep and then left alone at a residence in the village.

Amanda E. Havens, 36, and Thomas C. Williamee, 48, both of Munson Street, Le Roy, were charged with counts of endangering the welfare of a child and criminal possession of a controlled substance, 7th.

The couple is accused of leaving the two children unsupervised.

After receiving the complaint early Friday morning, Le Roy PD responded to the residence and tried to contact anybody who might be inside the residence. After their was no response and considering the nature of the complaint, police officers made forced entry into the residence.

Both children were located alone inside but otherwise unharmed.

The age of the children was not released.

After further investigation, Havens and Williamee were located at another location and taken into custody.

Havens was jailed on $3,000 bail and Williamee was jailed on $2,500 bail.

State officials are looking for a more robust commitment from the community before signing off on a low-interest loan to help finance the Ellicott Station project in Batavia; developer Sam Savarino told members of the GCEDC board at their Thursday meeting.

As a result, the GCEDC board will consider an expanded PILOT for the project to match the 30-year loan from Homes and Community Renewal and also take into account the increased cost of the project, from $17.6 million to $21.75 million, as well as the expanded size from 73,100 square feet to 99,111 square feet, and the increase in apartment units from 51 to 55.

The loan is the last piece of the financing puzzle for the project, which has already been delayed by a year because of the complex financing, that includes a $3.5 million investment from Savarino, tax incentives by GCEDC of at least $1.5 million, state grants, and more than $10 million in private investment through a program called the New Market Tax Credits, which allows investors to purchase federal tax credits to help finance projects in distressed urban areas.

As the cost of the project has gone up, so has the cost of financing and transaction costs, which could top $2.5 million.

This is the first project to combine New Market Tax Credits and HCR financing, according to Savarino Companies CFO Milissa Acquard.

The incentives already approved include $897,293 in sales tax savings, $128,232 mortgage tax savings and GCEDC will consider increasing the and $537,398 in property tax savings for the project.

Half of the PILOT payments will be returned to the developer through the “Batavia Pathway to Prosperity” (BP2) program with half going to the relevant taxing jurisdictions (typically, half of the PILOT in a BP2 project area goes into a pool to provide future assistance to to other projects).

Savarino said he thinks their proposal with HCR has gotten past a concern about the planned rental rates for the apartments.

HCR wants to ensure the apartments will be occupied and setting rents plus utilities at 90 percent of the city's median income seemed high to HCR officials, even though that formula is typically acceptable under HCR regulations. Officials asked Savarino to consider setting rents based on 80 or 85 percent of the median income.

Changing the rental rate creates a domino effect for the rest of the financial package, Savarino said, that makes the project much harder to pull off.

Savarino and Acquard said they both think they've reached an agreement with HRC on rents and the financing package but that includes an expanded PILOT approved by the GCEDC board.

"One of the issues that have kept coming up, in some cases with the New Market investors, but also with HCR, is the local buy-in," Savarino said. "It's been deemed not to have enough investment from the community for the benefit the community is getting. We've effectively checked that box by discussing a possible change to the PILOT."

A public hearing will be scheduled on a revised PILOT once the details are worked out.

To deal with the opioid crisis in New York, the state needs to an embrace an "all of the above" approach to find a way to keep people alive, Lt. Gov. Kathy Hochul said during a visit to Batavia on Thursday.

Hochul was in town for a ribbon cutting at the new methodone clinic at GCASA. During her remarks Hochul talked about how the opioid crisis has led to tragedy in her own family, with a dose of heroin laced with fentanyl claiming the life of her nephew.

In an short interview after her remarks, Hochul said an "all of the above" approach could include consideration of safe injection sites. She was a little more vague about whether the state would consider following Portugal's lead, which decriminalized drug possession 18 years ago and established a program to help addicts find meaningful work, and as a result cut addiction rates in half and reduced overdose deaths to 30 to 50 a year, about 1/50th the rate of the United States. Prior to 2001, Portugal was known as the heroin capital of Europe.

"I don’t know we’re prepared to say anything about following a particular model," Hochul said. "We are considering all options is all I can say. If people have ideas, please bring them forward."

During her remarks, Hochul talked about her role, along with other state officials, of crisscrossing the state, meeting with residents and people on the frontlines of the opioid crisis. The result was legislation that not only led to the $850,000 grant to build the methodone clinic at GCASA but was recently amended to allow for medical marijuana to treat chronic pain. The legislation also attempts to eliminate the waiting time for an addict to get into treatment.

"We’re trying to figure out how do we stop people from dying literally in the streets and in their homes," Hochul told The Batavian.

Besides the methadone clinic, guests at the ribbon cutting were able to tour a new mobile treatement clinic that will allow GCASA staff to travel throughout the region and meet with addicts where they live, eliminating the need for them to travel to Batavia. It is important to note, the mobile clinic will not include a methadone dispensary, which by law must be at the approved facility in Batavia.

"That is why this is such a hopeful day for me," Hochul said while discussing the changes at GCASA. "To see what we can bring here, a new facility, an expansion, a mobile unit, which may look like an RV, recreational vehicle, but to me that’s a recovery vehicle."

Thursday, the governor's office also announced $900,000 in funding for 17 detox beds at GCASA. Director John Bennett showed off floor plans for a new detox facility on the East Main Street property.

"We often talk about going to treatment but we forget that before you can go into treatment, you have to go through detox," said Arlene González-Sánchez, commissioner of the New York State Office of Alcoholism and Substance Abuse Services. "Detox is really critical. Detrox is not treatment. It is the beginning of treatment and we’re so happy that we’re able to say that we will be able to have some detox beds in this whole region."

Brian Paris, president of the GCASA board, praised Bennett and the rest of the GCASA staff for their hard work in helping to establish the methadone clinic, the mobile unit, and soon the detox facility.

"We live in a changing world and GCASA is changing to support that changing world," Paris said.

Hochul's nephew, she said, started on his path to addiction after being prescribed painkillers when he cut his hand on a meat slicing machine in a delicatessen where he was working.

"That led to addiction, led to the streets, led to a decade of putting his mother and our family through hell as he tried to find a path forward," Hochul said.

The family thought he was past his addiction and on the right path. He was a graduate student at University of Buffalo  and a mentor to others trying to kick the habit. After he broke up with a girlfriend he slipped and tried one dose and died as a result.

"Be proud that your state has not run from this problem," Hochul said. "We have leaned into this problem."

NOTE: I took pictures of the ribbon cutting. I thought I imported those pictures in PhotoShop (Lightroom). I reformatted the card for another assignment and discovered later I hadn't imported the pictures. They are lost. My apologies to those involved.

A transformer fire is reported at 3 Washington Ave., between Ellicott Avenue and Thomas Avenue.

Flames showing.

City fire responding.

Investigators have yet to determine why a 2015 BMW driven by 61-year-old Syed L. Rahman, of Williamsville, crossed the center line and crashed into an ambulance from the Bethany Fire Department on Route 63 just before midnight Saturday.

Rahman was pronounced dead at the scene by Coroner Don Coleman.

A heavy rainstorm was passing through the area at the time of the crash. There's a slight curve in the road near the area of the crash scene.

Rahman was northbound on Ellicott Street Road. The ambulance, driven by volunteer medic James L. Duval, 65, of Bethany, was southbound. The ambulance and three-person crew were returning to the Bethany station after handling an earlier EMS call. Since the crew wasn't on a call, the ambulance was not in emergency mode, no lights or siren, and was not carrying a patient.

Duval and crew members Christopher Page and Melody Davis, all volunteers, were not seriously injured but were transported to UMMC for evaluation and treatment.

Duval, is the former Genesee County planning director. He retired in 2012 after 36 years as a county employee.

The accident investigation is being handled by Deputy Andrew Mullen. Assisting at the scene were Chief Deputy Joseph Graff, Investigator Chad Minuto, Sgt. John Baiocco, Sgt. Jason Saile, the Bethany Fire Department, Stafford Fire Department, Town of Batavia Fire Department, and Mercy EMS.

(Initial Report)

Press release:

Batavia Domino’s, located at 563 E. Main St. in Batavia, and the National Fire Protection Association (NFPA) are teaming up with the City of Batavia Fire Department to promote fire safety during Fire Prevention Week (Oct. 7-13).

On Tuesday and Wednesday, Oct. 9 and 10, from 5:30-8:30 p.m., anyone who orders a Domino’s pizza may be randomly selected and surprised at the door when their pizza arrives aboard a fire engine. If the smoke alarms in the home are working, the pizza is free. If the smoke alarms are not working, the firefighters will install fully functioning alarms or replace the batteries.

“Fire safety is extremely important,” said Allan Erwin, Batavia Domino’s franchise owner. “We’re excited to partner with the NFPA and the City of Batavia Fire Department for a program that not only promotes the safety of our friends and neighbors, but rewards those who make fire safety a priority.”

This year’s Fire Prevention Week campaign theme is “Look. Listen. Learn. Be aware. Fire can happen anywhere.”

“Today’s home fires burn faster than ever,” said Greg Ireland, lieutenant at the City of Batavia Fire Department. “From the time the smoke alarm sounds, you may have less than two minutes to escape a home fire safely.

"That’s why this year’s campaign theme is so important – having an escape plan as well as fully functioning smoke alarms are essential to safely escaping a home fire.”

Customers can call Domino’s in Batavia at 585-343-3344 to place their order and be eligible for the fire engine delivery.

About the National Fire Protection Association (NFPA)

Founded in 1896, NFPA is a global, nonprofit organization devoted to eliminating death, injury, property and economic loss due to fire, electrical and related hazards. The association delivers information and knowledge through more than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by partnering with others who share an interest in furthering the NFPA mission. For more information, visit www.nfpa.org. All NFPA codes and standards can be viewed online for free at www.nfpa.org/freeaccess.

About Fire Prevention Week
NFPA has been the official sponsor of Fire Prevention Week since 1922. According to the National Archives and Records Administration's Library Information Center, Fire Prevention Week is the longest running public health and safety observance on record. The President of the United States has signed a proclamation proclaiming a national observance during that week every year since 1925. Visit www.firepreventionweek.org for more safety information.

About Domino’s Pizza^®

Founded in 1960, Domino’s Pizza is the largest pizza company in the world based on global retail sales, with a significant business in both delivery and carryout pizza. It ranks among the world’s top public restaurant brands with a global enterprise of over 15,100 stores in over 85 markets. Domino’s had global retail sales of over $12.2 billion in 2017, with more than $5.9 billion in the United States and more than $6.3 billion internationally.

Order – dominos.com

A serious injury accident involving a car and an ambulance is reported in the area of 5566 Ellicott Street Road, Bethany.

Bethany fire, Stafford fire, and Mercy EMS dispatched.

UPDATE 1:30 a.m.: Route 63 is closed between Bethany Center Road and Paul Road. It will likely remain closed for a couple of more hours. 

UPDATE 3:35 a.m.: We can now confirm this is a fatal accident. The victim was the driver of a sedan, heading northbound on Route 63, that crossed the center line in heavy rain and struck a southbound Bethany Volunteer Fire Department ambulance. The driver of the sedan was pronounced dead at the scene by Coronor Don Coleman. The ambulance was returning to the Bethany Fire Hall after responding to an earlier call and was not carrying a patient. A three-person crew was aboard the ambulance. All three were taken to UMMC for evaluation of non-serious injuries. The accident remains under investigation by the Sheriff's Crash Management Team. The Sheriff's Office will release the name of the victim later this morning. We are withholding publication of photos from the scene until after the name is released.

The Batavian has always had a policy of publishing most press releases from elected officials who directly represent us, Assembly, State Senate, U.S. Congress.

During the campaign cycle, we’ve published most verbatim press releases from the candidates for those offices.

It’s also been our practice in the past to interview the candidates in tightly contested races for our congressional seat.

This year, so far, we’ve interviewed Nate McMurray (to be published at a later date) and will interview Larry Piegza.

So far, Rep. Chris Collins has brushed off requests for an interview, never saying no but refusing to commit to a date for an interview.

An interview is a chance to clarify a candidate’s positions on specific policy questions, to probe their errors in logic or counter-factual claims, as well as pin them down on campaign promises. Interviews with the press by politicians and candidates is an important part of our democratic process. It’s how we hold to account and ensure transparency from those who might represent us.

A good example of how this can play out comes from the 2012 contest when the Kathy Hochul campaign used, in our opinion, a Chris Collins quote out of context. We were able to publish the full context of the quote to correct the record.

For The Batavian, in a contested race, interviews, either a sitdown formal interview or along the campaign trail, are also a way to balance out the unfiltered claims politicians make in their press releases.

For that reason, we don’t think it is fair or right to continue publishing press releases from the campaign of Chris Collins without a firm commitment to a sit-down interview.

Chris Collins has told The Batavian many times that he appreciates the fair, factual and challenging questions we have peppered him with in past interviews. He said he considers our coverage of him fair and accurate. He has said he enjoys the challenge of tough questions.

But since his arrest on insider trading charges, he has tended to try and avoid the press, giving only one interview since to a Buffalo TV station, and confining his public appearance to friendly audiences with no prior notice to news outlets.

In my opinion, a person running for Congress should not be able to cloister himself in his office and avoid the accountability of public appearances and interviews.

We will continue to publish as appropriate press releases from the congressional office of Chris Collins but we will not publish campaign press releases until we have a time-certain appointment for an interview with no limitations on questions (and, of course, Collins must keep his appointment with us).

Of course, in the meantime, we will continue to publish campaign press releases from Nate McMurray and Larry Piegza since they're playing by the rules.

Terrez Smith (top photo) carried the ball 20 times for 208 yards adn four touchdowns to help lead Alexander (6-0) to a 26-6 win over Notre Dame.

Dylan Busch was 3-6 passing and Jake Jasen had 23 tackles.

For Notre Dame (3-2), Jed Reece scored on a 40-yard run in the second quarter.

Alexander's Chris McClinic was injured on the Trojans' first possession and did not return to the game.

In other Friday night games:

Batavia beat Wellsville 61-7. Ray Leach carried the ball five times for 147 yards and four touchdowns. Alex Rood had five carries for 103 yards and two TDs. Ethan Biscaro, two rushes for 77 yards and a TD. Biscaro was 6-7 passing for 117 yards and three TDs. Andrew Frances had three receptions for 33 yards and TD. Taiyo Iburi Bethel had a 22-yard TD reception and Leach had a 58-yard TD reception. Rood had six tackles.

Le Roy beat Haverling 27-8. Jake Hill and Reece Tresco connected on four touchdown receptions.

Cal-Mum/Byron-Bergen fell to Livonia, 33-20.

York/Pavilion beat Geneseo 48-8.

Pembroke lost to Canisteo-Greenwood, 48-14.

In eight-man football, Oakfield-Alabama/Elba beat GC Finney/Northstar 68-22. Ty Mott rushed for 150 yards on eight carries. OA-E is now 4-0 on the season.

To purchase keepsake prints of game photos, click here.

Attention juniors and seniors at Pembroke High School, BOCES and home-school students and their parents and guardians: the third annual Corfu-Pembroke Dollars for Scholars Meet, Greet & Eat will be held on Wednesday, Oct. 10, at Denny's Restaurant in Corfu.

It is located at in the Flying J Travel Plaza at 8484 Alleghany Road.

Denny's will award 20 percent of all meal proceeds generated between the hours of 4 and 10 p.m. on Oct. 10 to Corfu-Pembroke Dollars for Scholars.

By attending, you can learn how to increase your chances of winning one or more of 17 locally provided scholarships, which range from $250 to $4,000.

Corfu-Pembroke Dollars for Scholars plans to award $13,000 in scholarships next June. The smaller graduating classes put ODDS of winning one or more of these scholarships from our organization in your favor!

In the last 10 years, Corfu-Pembroke Dollars for Scholars organization has awarded more than $65,000 dollars to 107 Pembroke graduates.

Grades count, in some instances, so do service, character and intended area of study after graduation. Scholarships are available for those interested in being involved in art, the medical field, health care, special education and much more.

Interested? Then contact Mr. Beahan in the PHS Guidance Office. (585) 599-4525, ext. 1922, or lbeahan@pembrokecsd.org and please attend Wednesday's Meet, Greet & Eat at Denny's.

Dr. Paul J. Mroz, Treasurer, Corfu-Pembroke DFS

P.O. Box 72

Corfu, NY 14036

Friends of Assemblyman Steve Hawley invite everyone to a political fundraiser at Batavia Downs Gaming & Hotel on Friday, Oct. 19.

The 11th annual Night ot the Races will be attended by Hawley and Republican candidate for governor Marcus J. Molinaro, the Dutchess County executive and a former mayor of Tivoli.

The fun starts at 6 p.m.

Cost is $80 per guest, or $150 per couple.

There will be a two-hour open bar, a special buffet dinner, racing and $20 in Free Play at the casino per person.

RSVP by Oct. 13 by calling (585) 356-0686.

Sponsorship opportunities are available:

• $1,000 -- Triple Crown Level: 10 tickets, race named for sponsor, special gift, tote board and program recognition, group picture with "Triple Crown" race winner and Assemblyman Hawley;
• $800 -- Kentucky Derby Level: 8 tickets, program recognition, special gift, group picture with "Kentucky Derby" race winner and Assemblyman Hawley;
• $600 -- Belmost Stakes Level: 6 tickets, program recognition, group picture with "Belmont Stakes" race winner and Assemblyman Hawley;
• $400 -- Preakness Stakes Level: 4 tickets, program recognition.

Friends of Steve Hawley -- State Assembly 2018: mailing address is 7768 Oatka Trail, Le Roy, NY 14482. Visit www.hawleyforassembly.com