Two Genesee County schools are among 10 finalists to receive $50,000 grants from Pepsi Co. following a competition among thousands of grant proposal submitted to the soft drink company.

Supporters of the projects were asked to express that support through online voting and text messages in the national competition.

"We couldn't have done it without the team effort of the entire community," said Robert Morris Principal Diane Bonarigo.

Robert Morris applied for a grant to fund construction of a new playground.

The Byron-Bergen Elementary School Playground Committee also finished in the top 10.

Next, Bonarigo said, Pepsi will review the grant applications again and make sure all of the paperwork is in order. She said she expects official confirmation of the grant in a couple of weeks.

"We are very excited to be finalists," said Bonarigo. "The students are excited."

She thanked the whole community for their support and the local media for promoting the competition.

The anticipated storm didn't deliver as much snow as expected, but still enough that Batavia residents were out this morning clearing three or four inches of heavy snow from their driveways and walks.

Above, Bob Terry clears snow from his driveway on Osterhout Avenue.

A storm that had been expected to dump as much as a foot of snow on the region has apparently weakened.

The National Weather Service in Buffalo has downgraded the previous storm warning and issued an advisory in effect until 6 p.m.

The storm is now expected to bring about two to four inches of snow mixed with sleet.

Slick driving conditions are expected.

Winds will remain strong at 15 to 25 mph.

For a list of school closings from WBTA, click here.

UMMC has cancelled all cardiac rehab classes.

UPDATE: From UMMC: "United Memorial's Cardiac Rehab Center will open at 10 a.m. today. All services at United Memorial and our affiliated sites, including Urgent Care in Le Roy are open today."

If Steve Hyde said it once, he said it at least a half-dozen times Tuesday during a public hearing on providing tax incentives for a proposed Holiday Inn Express in Batavia: The Genesee County Economic Development Center wants the input of other hotel owners on the potential economic impact of the proposed project.

"We are most interested in your views on what’s going on in the marketplace so we can share that with the board and they can give it thoughtful consideration," said Hyde, CEO of the GCEDC, near the end of a sometimes slightly contentious public hearing.

About a dozen local hotel operators attended the 4 p.m. meeting.

Typicall at such hearings, members of the public speak, officials listen with little or no response and the meeting ends. But Hyde repeatedly engaged speakers, either with questions or by challenging them to deliver more facts.

"If you have additional facts from validated sources that can justify your position, you should present that to us," Hyde said. "We hear you loud and clear but we need you  to provide us with verified facts."

The meeting opened with Mark Masse, VP of operations for GCEDC, presenting an overview of the proposed project and the proposed tax incentives the GCEDC can help deliver.

The developer is Michael Patel and an investment group, Chase Hotel Group, which operates in four states and eight markets. Previously, Patel owned and developed Comfort Inn in Batavia and he currently owns Hampton Inn in Batavia.

The proposed hotel would have 80 rooms and cost $3.5 million to develop.

When completed, the hotel will employ 19 full-time equivalent staff members.

Under the tax abatement proposal, Patel and Chase Hotel Group would receive $112,000 in sales tax exemption, a mortgage tax exemption of $37,500 and a property tax abatement over 10 years of $400,136.

These are taxes, according to Masse, that won't be generated if the project isn't built. 

There will be no tax reduction -- meaning no abatement of existing taxes -- for existing tax liabilities on the property.

If the project is built, it should generate more than $800,000 in sales tax over 10 years and $38,700 over 10 years in fire district fees.

The total economic benefit to the community over 10 years is estimated at more than $8.5 million.

Local hotel owners took issue with these numbers saying the figures don't account for lost business, not to mention the potential closure, of existing hotels.

"You say after the Hampton Inn opened there was an occupancy increase," said Chan Patel, owner of the Clarion Inn on Park Road (formerly the Holiday Inn). "I can prove to you that over the next two years, my occupancy went down by 10 percent."

The operators who spoke said they've all seen occupancy rates drop as new hotels have come into the market and they don't see how a market with a 48-percent occupancy rate in market with 1,000 rooms will benefit by adding 80 more rooms.

Jayesh Patel, owner of Travel Lodge, Batavia, argued, as did other hotel owners, that more rooms will mean that all of the hotels will wind up charging lower rates. The Holiday Inn Express, he said, with the benefit of tax breaks, would then have an advantage over established hotel owners who are paying all of their taxes.

"If the developer has faith in the market then they should spend money out of their own pockets rather than out of taxpayer pockets," Jayesh Patel said.

Rashi Dev, owner of the Comfort Inn, said if Michael Patel believes there is such a need for more hotel rooms in Batavia, why is he charging rates at his other property, the Hampton Inn, that are as low or lower than similarly priced hotels in the area.

"The Hampton Inn should have rates $5 or $10 (per night) higher than us," Dev said. "If he's so confident in the market, why does he need to decrease his rate?"

There were no GCEDC board members present at the meeting. GCEDC staff will present the feedback from the public hearing to the board prior to the board voting on the proposal at its March 3 meeting.

Hyde said any factual information hotel owners can provide at least two weeks prior to the March 3 meeting will also be presented to the board and that hotel owners will be given a chance to speak at the March 3 meeting.

Today, Town of Batavia also announced a public hearing on the project with the town's planning board at 7:30 p.m., Feb. 15.

Top photo: Steve Hyde; inset, Chan Patel; bottom, Mark Masse opening the meeting.

This information is from city Director of Public Works Sally Kuzon.

The City of Batavia has begun the preliminary design for a project to reconstruct the entire length of Cedar Street. This is a locally administered federal-aid project that is scheduled for construction in 2013.

Design development is now under way. During this phase, comment and input from affected residents and businesses are valuable and required elements necessary for achieving a successful project.

The first public informational meeting is this Thursday, Feb. 3, in the Council Board Room (2nd floor) at Batavia City Hall. People are invited to voice concerns and ask questions. City staff and representatives from the consulting engineering firm, Erdman Anthony, will be there.

The meeting will be divided into two parts, with a session for business owners and representatives from 3 to 5 p.m. and another for residents and residential property representatives from 5 to 7 p.m. But if you are unable to attend during these designated times, please feel free to join the meeting anytime between 3 and 7 p.m.

Erdman Anthony, which was retained by the city this past October, has completed survey and mapping for the project and is beginning engineering studies.

Thomas B. Streamer, 40, of 28 Grover St., Warsaw, and Thomas W. Sherman, 41, of 108 North St., Le Roy, are each charged with assault, 2nd. Both men are accused of getting into a fight with a 37-year-old Le Roy resident while at the Eagle Hotel on Jan. 23. The alleged victim suffered serious physical injuries to his shoulder, head and face. He was treated at UMMC. Streamer and Sherman were arraigned in Le Roy Town Court and released under supervision of Genesee Justice. Le Roy Police say that further arrests are pending.

GCC's head baseball coach, Skip Sherman, right, is excited about two players who will be joining his squad.

Adam Pratt, above with his parents, signed a letter of intent to play for GCC and is receiving a two-year scholarship to play for the Cougers. Entering his senior season at Batavia High School, the southpaw has a 3.06 ERA with 106 Ks in 66 1/3 innings with a record of 6-4. He was the Rotary Tournament MVP last season.

Says Sherman:

Left-handed pitcher. I have been watching Adam for a couple of years now and we are very excited to have him join our program. He will be expected to help lead our pitching staff and will be tested very early to see if he is ready to pitch at a high level. He has great composure on the mound and was asked to pitch in some big games as a junior. I am expecting him to have a big senior year for Batavia High School and I am looking forward to working with him at Genesee next year.

Also signing on with the squad is Ken Urbanik of Lyndonville.

Sherman:

Kenny is a very versatile player and is an extremely hard worker. He will do very well in our program because of his work ethic. Right now he is projected to play a corner in the outfield and we are excited about having a player of his size, with his speed, in our program. He is the type of player that always succeeds in our program and it will be very interesting to see what happens after a couple of years in our program.

Regular readers of The Batavian might recognize a couple of the pictures hanging on the wall here. As part of the decor in UMMC's new surgical wing, the hospital purchased 15 of my photos. Seven pictures are hanging in the waiting room and a barn shot is hanging across from the elevators. I'm not sure where the remaining seven photos are, but they're around somewhere.

I don't think many would disagree that we all want a robust and aggressive job-creating engine in Genesee County. We also can agree that unfair tax burdens created the need for IDAs with their enticements and tax incentives in the first place.

In the big picture, we all want our county to be chosen as the next home to companies like: Barilla Pasta, Google, Yahoo or Geico -- and without an IDA we don't compete at all.

Even the smaller companies with a vision to produce a new product or service can help make our county vibrant and offer those vitally important, but few and far between, living wage job opportunities. Jobs that can lift our median income and bring some of our citizens their own little piece of prosperity-- the kind that bring money to other businesses by circulating it around our communities.

The jury is still out on how I perceive the GCEDC's, or any IDA's  performance. But I do firmly believe that more stringent oversight on pay rates and elimination of performance bonuses needs to swiftly be put in place by the Legislature to restore the public's trust. I'm also curious about the $500 bonus given to a consultant.

I, too, am a small business owner and, although I won't be creating any jobs other than my own and have no need for a shovel-ready site, I know that I prosper with my business when Genesee County is prospering. I've talked to a few people whom I admire and respect who also own their own businesses. They made some points that make a whole lot of sense.

What if the bonus money and inflated salaries had been allocated and/or redirected for infrastructure or start-up rent subsidies? Phase two of the county water deal is in limbo.

In my own town, we have a great location on Route 19 at the 490/90 interchange. The property known as Oatka Hills has sat empty for years, and for the last several years has had a "For Sale" sign with the GCEDC logo on it. It lacks the infrastructure and utilities and even though the location has so much potential, it sits empty.

Bringing in utilities is an expensive undertaking. Funds being used to pay large bonuses and inflated salaries could, and should, serve more people than just the privileged few who work at the GCEDC. Another alternative is using the bonus money to subsidize rent for start-up businesses that are taking a chance on our main streets -- something the Orleans County IDA is doing.

As the leader of the Genesee County Democratic Party, I have had the opportunity to work closely with candidates running for office at several levels. Invariably, when we've had state and some local candidates running, IDA reform has come up in their campaigns. Like Senator Mike Ranzenhofer, some candidates have come from Erie County with their knowledge on the subject, reflecting what they experience in their own backyard.

And from our local media, and the promising GCEDC press releases, we have always been led to believe that it was different here -- that our IDA was accountable and delivered the goods. I always cringed when our candidates made their opinions on this issue public, waiting for the swift redress that came from one particularly vocal legislator, and occasionally from the local press. This made wading into reform almost a certain political misstep.

For my own complacency about this subject, I apologize. Healthy opposition is needed over some issues and should translate into vigorous debates which show alternatives to the status quo and maybe uncover some things that need correcting in the process.

As a citizen, I am calling on the county legislators to take the responsibility they have been given by the people who have entrusted them. Their responses to date have been very disappointing and show a disconnect.

Our county's median income is around $33,000. We have more rentals in two of our larger population centers than owner-occupied properties, many of our villages have more empty storefronts than filled ones, and our population stands at around 57,000 and dropping.

If crime goes down, there is no bonus check for Sheriff Gary Maha. If road repairs for a given year come in under budget, the windfall doesn't go back to Tim Hens, the county highway superintendent. It is the responsibility of the governing body to hold all public entities accountable, including the GCEDC.

When building the Upstate Medtech Center, the GCEDC should have ensured prevailing wage was paid to construction workers, according to a state Department of Labor (DOL) letter issued in November.

The letter came to light following an Authorities Budget Office report critical of GCEDC's staff compensation practices.

It was written by John D. Charles, associate attorney for the DOL, and issued in response to an unnamed person who asked that the department look into the matter. It concludes that the department's opinion was based solely on the material provided by that person and should not be relied on as a final answer.

Ask for a response to the DOL letter, GCEDC CEO Steve Hyde issued the following statement:

"While the LDC (Genesee Gateway Local Development Corp.) wholly disagrees with the Department of Labor's initial conclusions, we are actively working with them to ensure that they have all of the facts and circumstances of the Medtech project. A final determination has not been made by DOL with respect to the issues and questions raised."

Longtime local contractor Vito Gautieri is known to be concerned about how the bid for construction of the Medtech Center was awarded. It ultimately went to Batavia-based D.A. Tufts Co.

In an interview last week, when asked if the letter from Charles was addressed to him, Gautieri said, "No comment."

He then went on to complain about GCEDC forming a nonprofit corporation -- Genesee Gateway Local Development Corp. (GGLDC) -- as owner and agency developing the project. He said if that's how government agencies are going to operate on construction projects, then "we might as well pull up our shingles and move out of town."

At issue is compliance with New York's prevailing wage laws, which require employees on public works projects to be paid an hourly rate based on a prevailing wage schedule set by the state.

The DOL letter says that according to information given to the agency, the GGLDC's Medtech project does not meet the standards for waiving prevailing wage.

It says that because the project was at first initiated by a public agency (GCEDC wholly owns the GGLDC and is the project's actual owner), it is not just a temporary title holder.  In addition, it is not acting "merely as a mechanism to facilitate financing." If it were just a temporary titleholder and holding title merely to facilitate financing, according to the letter, perhaps paying prevailing wage would not be required.

There will be a public hearing at 4 p.m., Tuesday, in Batavia's Town Hall, 3833 W. Main St. Road, on a proposal to provide tax subsidies for the construction of a Holiday Inn Express on the north side of the Thruway.

The hearing is being conducted by the Genesee County Economic Development Center.

The public is invited to attend and provide feedback on the proposal.

GCEDC did not have information to release to the media today in advance of the meeting on exactly what is being proposed.

In response for a request for more information, Media and Marketing Manager Rachael Millspaugh wrote in an e-mail: "There is no additional preliminary information on the project except what was discussed at the December 2010 board meeting. We will have a project summary available at the public hearing. The GCEDC Board will be reviewing and acting on the request at this Thursday's regularly scheduled meeting."

The Daily Grind, 85 E. Main St., Batavia, NY: For Batavia's finest coffee, smoothies, as well as fast and convenient breakfasts and lunches, stop into The Daily Grind. We have a $10 gift card for $5.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's, a great place for pizza, wings, subs -- eat in, take out or delivery. We have a $20 gift certificate for $10.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kraving's offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three weeks of yoga, 3 classes, a $30 value, for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; new all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have $20 gift certificates for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

Blue Pearl Yoga

A winter storm expected to hit Western New York on Tuesday night has been upgraded.

The National Weather Service has issued a "warning" (meaning a more severe storm than a "watch") for the expected weather pattern, which should hit the area after 10 p.m., Tuesday.

The warning is in effect until 10 p.m., Wednesday.

Accumulation of snow is expected to be 10 to 14 inches, with winds of 15 to 25 mph and gusts of 30 mph.

Hazardous travel conditions are expected.

A two-car accident with minor injuries is reported at Vine and Bank Street in the City of Batavia.

Batavia Fire Department and a Mercy ambulance are responding.

A passerby has called in a trailer fire in the area of Route 262 and Transit Road.

It's unknown if the trailer is occupied.

Byron and South Byron being dispatched along with a tanker from Elba and Town of Batavia's Fast Team.

UPDATE 1:41 p.m.: First responder reports heavy smoke upon approach.

UPDATE 1:45 p.m.: There are people outside the structure, still unknown if anybody is inside.

UPDATE 1:47 p.m.: Law enforcement was on scene first and vented windows. Still unknown if residents inside. All Elba equipment dispatched.

UPDATE 2:05 p.m.: A tanker from Bergen is now on scene. Mercy EMS also responded. A fire chief asks dispatch to contact Elba School to see if they have anyone registered at that address.

UPDATE 3:25 p.m.: Byron and South Byron back in service.

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Walter Lyle Knickerbocker, 53, of South Street Road, Le Roy, is charged with petit larceny. Knickerbocker is accused of stealing road salt from the DOT salt barn on routes 19 and 20, Pavilion. The alleged theft(s) occurred on and before Jan. 19.

Aaron D. Swimline, 24, of Main Road, Corfu, is charged with a felony count of DWI, a felony count of aggravated DWI (driving with a BAC of .18 or greater), unlawful possession of marijuana, speed not reasonable nor prudent, moving from lane unsafely. Swimline was reportedly involved in a one-car accident at 12:59 a.m., Saturday in the area of 2553 Main Road, Corfu. The accident was investigated by Deputy Howard Carlson.

LaToya Tamika Vialva, 19, of Liberty Street, Batavia, is charged with trespass. Vialva is accused of being on College Village property after being banned from the property.

One person suffered a minor injury Saturday after a car pulling out of a business on Ellicott Street Road reportedly struck her car as she tried to avoid it.

William B. Heany, 74, of East Main Street, Batavia, told a Sheriff's Deputy that he didn't see the headlights of a car driven by Victoria Lee Wood, 40, of Pavilion Center Road, Pavilion, as he pulled from the parking lot of 4818 Ellicott Street Road, Batavia.

The accident occurred at 8:27 p.m.

Lee, who said her headlights were on, was transported by ambulance to UMMC.

No citations are listed on the accident report.

The accident was investigated by Deputy Patrick Reeves.