Today's lunch was at Mother's Chicken and Fish on Ellicott. After our meal, owner Tim Chugg and I started chatting.

He's pretty upset that the new brick bench across the street from his store, outside the Pok-A-Dot, remains unfinished several months after the project was started.  There's been no sign of progress all spring.

I checked with Don Burkel at the BID, and he said there's an unresolved issue the DOT holding up the entire Ellicott Street project.

"We're anxious to get it finished, too." Burkel said. "We hope to have the entire project finished by late spring."

Calista Miakoda, a second-hand clothing and accessory boutique, opened today on Ellicott Street in Downtown Batavia.

Owner Kaitlin McGratf is 19 and spent her whole life in Genesee County, growing up in Bergen.

She's dreamed of owning her own clothing store since she was 12, she said, which is when she picked the name for the business. She doesn't remember which language the words come from, but Calista means "most beautiful" and Miakoda means "night sky" (roughly).

"My dad always owned his own business," Kaitlin said. "I don't like working for other people too much, and I thought it would be fun (to own her own business). It's (clothing) has always been a hobby of mine."

Assemblyman Steve Hawley says he will vote against a bill aimed at legalizing marijuana for medical uses.

"I voted against it last year and unless something miraculous happens I'll be representing my constituents and their wishes and will be voting against it," said Assemblyman Steve Hawley (R,I,C Batavia).

Bill A07542 was submitted by Assemblyman Richard Gottfried, chairman of the Health Committee.

It would allow New Yorkers with serious medical conditions to grow up to 12 marijuana plants or possess up to 2.5 ounces of the weed. The bill includes legal protection for a patient's primary caregiver and physician. A similar proposal was previously passed by the Assembly only to die in the Senate.

Even though the bill hasn't cleared the Assembly yet, we have a call into Sen. Mike Ranzenhofer as well to check his position on the topic.  We will update this post with his response, should we get one.

Hawley said last year's bill had a number of problems. He thought it lacked sufficient controls and made marijuana too easy to get.

Thirteen states allow medicinal use of marijuana. According to a 1999 report by the National Academy of Sciences' Institute of Medicine, "nausea, appetite loss, pain and anxiety. . .all can be mitigated by marijuana."

The active ingredient in marijuana, THC, has been approved for medical use by the Federal Food and Drug Administration and the Drug Enforcement Agency since 1986 in synthetic pill form (Marinol). But consuming it in natural form -- which many physicians say is more effective -- continues to be illegal.

The New England Journal of Medicine says inhaling THC is more effective than taking the synthetic pill because "smoking marijuana produces a rapid increase in the blood level of the active ingredients and is thus more likely to be therapeutic." It also enables tighter control of the amount ingested.

Proponents claim marijuana can be an effective treatment where other medications have failed -- for at least some patients who suffer from HIV/AIDS, cancer, epilepsy, multiple sclerosis and other life-threatening or debilitating conditions.

Gottfried and other supporters of medicinal marijuana use maintain that this usage doesn't undermine the message that using illegal drugs is wrong. They note that many controlled substances that are legal for medical use (such as morphine, Valium and steroids) are otherwise illegal.

But opponents of medicinal cannabis say making it lawful indeed sends a mixed message about drug use, at best. They say the legislation exploits public sympathy in order to legitimize drug use and provides loopholes to drug dealers.

This morning, I arrived at the Main Street location where two homes are being demolished to make room for a low-income apartment complex in time to capture this video.

Joanne Beck wrote about the project a few days ago.

Here are some additional pictures:

Republicans are lining up in opposition to a provision in a bill that would reform IDA regulations, calling it the "IDA Death Bill."

The provision would require businesses moving into an IDA project to pay union-scale wages, known as the prevailing wage.

We received a press release this morning from Assemblyman Steve Hawley expressing his displeasure with the bill.

"If this bill is enacted, Albany might as well hang a sign on
the Thruway to tell everyone entering our state that New York is closed for
business," Hawley said.

Other coverage: 

• Buffalo News
• Democrat & Chronicle

Hawley's press release following the jump:

Assemblyman Steve Hawley (R,I,C-Batavia) joined with state
legislators from both houses, including Western New York State Senator
Michael Ranzenhofer and Erie County Executive Chris Collins, to express
their strong opposition to the proposed Industrial Development Authority
(IDA) reform bill (A.3659), commonly dubbed the "IDA Death Bill," at a press
conference held this week in Albany.

"If this bill is enacted, Albany might as well hang a sign on
the Thruway to tell everyone entering our state that New York is closed for
business.  This bill, if enacted, would drastically reduce Western New York's
ability to attract business and create jobs, especially in rural
communities," said the Assemblyman, referring to the provision of the
legislation which requires all IDA projects to be "shovel-ready," meaning
the locality will have to have road, sewer and utility services already
installed.  As Hawley further explained, "This is a prospective cost that
smaller cities, rural towns and suburban communities simply can not afford.
This bill would leave rural upstate, or 37 percent of the state's
population, out of the equation."

Hawley and his colleagues, who also included Assemblywoman Jane
Corwin (R,C,I-Williamsville) and Assemblymen Thomas O'Mara (R,C,I-Big Flats)
and Marc Molinaro (R,C,I-Red Hook), outlined their opposition to the bill's
provisions to instate a prevailing wage for construction costs as well as a
living wage for all employees of the completed facilities; both measures
which businesses would not agree to due to the excessively high costs, an
increase estimated to be at 25 to 30 percent.  The current IDA benefit given
to companies is around 15 percent.  Hawley explained, "The problem here is
that this bill calls for employers to pay a higher wage to the employee,
which doesn't sound bad, except that coupled with the many other intrusive
provisions in this bill and the fact that this makes it more expensive,
employers simply will choose to do business with another state.  So we must
consider what is better: the current, livable wage or no wage at all?"

Another point of contention with the bill outlined by the
officials was the fact that up until now, New York State's opportunities for
businesses, offered through IDAs and the Empire Zone Program, have been
comparable to neighboring states, such as Pennsylvania.  However, parts of
the enacted 2009-10 State Budget have lessened incentives through the Empire
Zone Program, while neighboring states have increased their business
incentives and job creation benefits.  Hawley stated, "on top of decreasing
Empire Zone incentives, the state has increased the cost of health care,
energy and insurance costs for businesses.  This IDA bill will be the final
nail in the coffin for businesses in New York State, and I strongly
encourage members of the business community and concerned residents to
contact the leadership in Albany to say 'no' to the IDA Death Bill."

Today's Deal of the Day: A $25 gift certificate from T.F. Brown's in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

T.F. Brown's is one of my regular choices for lunch. The food is great and when I'm in the mood I can catch up on the sports world from one of the several television sets in the bar and dining area.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. By law, gift certificates cannot be used for purchase of alcohol.

How to win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up the gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.
 

SOLD

The Charter Review Commission has finished its review of the City of Batavia charter and will soon submit its revisions to the City Attorney for review, chairman John Roach says.

The big surprise, Roach said, is the need to clarify how a vacancy is filled on the City Council when a member resigns his or her seat for any reason. The vacancy is supposed to be filled according to party affiliation, but what that phrase means exactly wasn't defined.

Councilman Bill Cox brought the issue to the commission because he noted that while he's a Republican, he was elected on the Democratic and Conservative party lines. Roach said Cox would want to see the seat go to a Republican if he left office.

“There’s another feeling that the party that elected you should get to back fill your position, but it’s not really spelled out," Roach said. "So out of the clear blue we found ourselves (thinking) ‘OK, let’s define what affiliation means.’”

Roach's suggestion: Affiliation is defined by the party line that gave a candidate the most votes. In the case of Bill Cox, that would be Democrat.

Another big change to the charter, Roach said, would allow the City Council to operate through subcommittees, like the County Legislature. The charter won't require subcommittees, but will make the creation of a subcommittee system possible.

“If this goes through, these nine people all trying to be on TV, grandstanding for the public," Roach said, "That will all disappear. You’ll have your committees like other governmental agencies and there will be no grandstanding and things will get done much, much better.”

The proposed charter will also require a mandatory review of ward boundaries.

The wards haven't changed in 20 or 25 years and the number of voters in each ward are no longer evenly distributed. There aren't big differences, Roach said, but the problem will only get worse if not corrected. The revised charter would require boundary changes every 10 years after the national census.

As an example, Roach mentioned that wards 1 and 2 are different sizes, and the ward boundary runs down the middle of Vine Street. If both sides of Vine were moved into ward 1, then they would be even again.

“Everybody’s known it. It’s no real big thing," Roach said. "But after 25 or so years, it’s time for them to just adjust it. It’s politically unpopular. Nobody wants to say, ‘well, now you’re in my ward.’” By putting it in the charter, they can say, ‘those charter guys did it.’ It gives them cover for doing what they should have done all along."

Another surprise for Roach and the commission was that New York prevents the city from creating a public safety director position that combines police and fire duties, as once heavily discussed in the city, because cities the size of Batavia must have a police chief.

“When we first started this idea, we were not aware that there was a New York State law that required a police chief  for a small department like us," Roach said. "I was surprised how micromanaging that turned out to be. I don’t know why I was surprised, but I was. I figured here’s a way to save some money. This makes sense. And boom, there’s a state law that stops us.”

The charter will expand from 19 sections to 20 so it can address the role of the city historian.

New York requires cities to have historians. Currently, it is an unpaid position and filled by Larry Barnes.

"It was never defined, what is his job, who appointed him, for how long, and what was it we wanted him to do," Roach said. "So in the charter we’ve now established how long can he be appointed for, who does the appointment and what is it we really want him to do. It’s a minor change to the charter and it costs no one any money."

While the role of the historian is now defined, the commission is proposing the elimination of the city engineer position. Now that the city's infrastructure is largely built out, there is no need for the job -- which has been vacant for some time anyway -- and so not filling the position will help the city save some money.

After the commission's next meeting, the proposed changes will be submitted to the City Attorney for review.  He will clean up any legal language and return it to the commission. Once that's done in June, a public hearing can be scheduled for July. The revisions can then be placed on the November ballot.

Ronald E. Murphy, 29, of Spencerport, is accused of kicking a deputy following an alleged domestic incident in Bergen on Monday night. Deputies responded to Lake Road in Bergen following a 911 hang-up call. Deputies Butler and Diehl report that they found Murphy uncooperative. When they attempted to arrest Murphy, he allegedly fought back. During a subsequent search, he was also found, reportedly, to possess crack cocaine. Murphy is charged with obstruction, resisting arrest, possession of a controlled substance and harassment. None of the charges are felonies. He is held on $750 bail.

When is the last time you planted a tree?

Friday might be a good day to do it. It is Arbor Day, a day far more community minded than Earth Day, which rolls around tomorrow.

Bill Kauffman brings out this point in a recent essay on Front Porch Republic:

Earth Day was not of ignoble birth. It was the legislative child of Senator Gaylord Nelson (D-WI), a thoughtful liberal, who envisioned it as a national teach-in on the environment. The first Earth Day, April 22, 1970, was a hectoring mix of street theater, corporate p.r., and speeches by such paragons of restraint as Senators Ted Kennedy and Bob Packwood. Funding came, in part, from Dow Chemical and the Ford Motor Company. (The most prominent public opponents of the first Earth Day were the Daughters of the American Revolution, who had also fought vainly against the Uniform Holiday Act of 1968, which spawned the commerce trumps tradition three-day weekend.)

In the four decades since, Earth Day has become a bloodless holiday for pallid urbanites, the sort of technology-dependent yuppies whose rare encounters with the unregulated outdoors usually end in paralyzing fears of Lyme disease. Earth Day is about as green as a $100 bill.

The City of Batavia hosts an Earth Day event Saturday at Lions Park/Wallace Street, rain or shine, starting at 9 a.m. (in the actual press release, the city does give a nodding glance to Arbor Day).

The Batavia Youth Bureau will present "The Benefits of Gardening and Composting. There will be a tree planting ceremony by local Girl Scout troop #42153, a seed-starting display and a proclamation by the City Council.  Volunteers will then organized into trash pick up crews for a city park or downtown.  Every volunteer will get a chance to win a tree.

Somebody designed a lovely flier for the event. You can download the PDF here.

Sen. Mike Ranzenhofer issued a press release reporting that three Democratic leaders are moving forward with a bill to reinstate STAR rebate checks.

The rebates were cancelled in the recently passed state budget and Ranzenhofer has been raising alarms about it since well before the budget was presented.

Press release follows the jump.

Albany, NY- Over the last several days Deputy Democrat Leader Jeff Klein along with Democrat Senators Craig Johnson and Brian Foley have announced that they are going to move forward a bill to restore STAR rebate checks.  It seems they are taking a backwards approach to government namely-“they voted against it, before voting for it.” Their conversion is certainly welcome, but also likely to be too little, too late.

During the months of February and March and during the budget debate that followed on April 3rd Senator Ranzenhofer was the most vocal and passionate advocate for the restoration of STAR rebate checks in the State Senate. He stood up for his constituents and for his fellow Western New Yorkers while area Democrat Senators voted in lockstep with their New York City leadership to eliminate property tax relief. “During the budget debate I pleaded with my democrat colleagues to stand with me to protect the taxpayer. I pointed out that during an economic crisis we could not afford to put any additional property tax burden on struggling families. I put forward an amendment to restore STAR checks only to see every Democrat, these three included, vote no. I am happy that Senator Klein has heard the outcry from the people of this state and now adopted my position on this issue.  I hope that he can persuade his friends the Governor and Speaker Silver to join with me in also supporting taxpayers,” said Ranzenhofer.

With Speaker Silver saying that the Assembly will not pass this plan and the governor saying that there is no money to pay for the cost it is unlikely that the Klein scheme will ever become law. “While Senators Klein, Johnson and Foley refused to protect property taxpayers during the budget debate, when they could have made a decisive difference, I welcome them to this battle now. I call on them to offer the restoration of STAR rebate checks as a stand-alone measure, and allow a simple up or down vote in the Senate and demand the same of the State Assembly,” said Ranzenhofer. 

Finally, Senator Ranzenhofer called on Senators Klein, Foley and Johnson to be pragmatic when it comes to cutting spending and paying for programs.  “I have proposed and continue to support a 15% across the board spending cut plan, to be implemented working with agency and department heads to improve efficiency and streamline government.”  Senator Ranzenhofer’s plan stands in stark contrast to the unrealistic Klein plan which counts heavily on collecting $500 million from cigarette sales on Indian Reservations which have never been collected.  “If we are going to solve problems, we have to be realistic,” Senator Ranzenhofer said “We can’t use revenue that may or may not be collected in the future to pay our bills today, that is the height of fiscal irresponsibility,” concluded Ranzenhofer.

Press Release from Detective Todd Crossett, Batavia Police Department:

The man in this photo is wanted for questioning in a larceny, that occurred today, outside the Tonawanda Valley Credit Union, at about 1220pm.  If anyone has any information into who this person is please contact the City of Batavia Police Department at 345-6444 or the confidential tip line at 345-6370.

I just called Todd with this information:  I saw this gentleman this morning in the Jackson St. parking lot, behind Main Street, half way between Ken Mislter's new gym and South Beach (I was walking down to take the picture of South Beach I used in this morning's post). That would have been about 10:30, I think. He was looking out at the parking lot like he was looking for somebody.  He did look at me and answered my "hello" tentatively. He had such a distinctive look, I was curious about him and all most stopped to chat -- wish I would have.

If you saw him around town, you should call the police department. I'm sure it would be helpful to trace his movements.

Council members Bill Cox and Rosemary Christian tell Joanne Beck they're representing the concerns of their constituents in raising a long-list of questions about the proposed Masse Gateway Project.

A hearing on the project -- a prerequisite to the city apply for a state grant to help fund development -- is scheduled for tomorrow at 5 p.m.

Both Christian and Cox recently sent a list of questions to City Manager Jason Molino to get answers about the project. In his letter to Molino, Cox said that "private contractors and developers in the city have also raised the concern that often with Genesee County Economic Development Center projects no competitive bidding is done and local contractors frequently do not even get invited to bid, which would create local jobs using local people," he said. "Collectively all of these citizens and local businesses have raised some valid points which need some answers and explanations before we vote on the application and hopefully before the public hearing."

Neither councilman has anything against the principal Masse Place property owner, Tom Mancuso or Mancuso Business Development, they said. But both have gotten calls from residents and are trying to represent those concerns

The list of questions, which Beck includes, should serve as good fodder for the hearing tomorrow night. Read the whole thing.

UPDATE: This afternoon I e-mailed City Council President Charlie Mallow for his comments on the Daily article and here is his response:

Questions are always good if your goal is to help move the city forward and avoid mistakes. That is a Council person’s job.

In the end our residents need real jobs and a turnaround in our local business climate. It is easy to oppose solution after solution; it is very hard to create alternatives. Batavia is stagnant because of the failure to reignite our central corridor and years of ineffective political leadership on this issue. There is this idea that doing nothing is seen as a better alternative than taking any action. Real leaders take point; they don’t throw rocks from the rear.  

Ken Mislter, who currently owns 9 buildings in Downtown Batavia by his count, has reached a purchase agreement for the former South Beach Restaurant location.

The deal will close May 1. Mistler said the building will be immediately available to a lessee looking to open a restaurant.  It's turnkey ready, Mislter said.

"The guy (Alex Giuliani) left the salt and the pepper," Mistler said, explaining how the restaurant is ready to open now.

Alex and Barbara left the location in pristine condition, other sources tell me.

The asking price for the building was $425,000. Mistler said he paid something less than that, but won't disclose the price until after it becomes public record. Separately, he also bought all the equipment.
 

Alex and Barbara Giuliani closed the restaurant unexpectedly three months ago, and the abrupt closure was controversial.

I very much looked foward to this program to gain some new insights in to the town's early history especially as regards it's older buildings. Everything was first rate, the refreshments and the turn out were quite more than I expected.  The Presenter ( Cynthis Houk)  from the WNY Landmark Society seemed to be quite the coup for our little stashed away hamlet.  She made a point of telling us that she keeps all her images on slides because they have a proven record of lasting through many, many years.  She spent many hours driving our back roads hunting for treasures that she could present  to us. Goodie! I know this town well, but I'm always open to someone pointing out hidden architectural gems I've overlooked.

Unfortunatly, Cynthia must have taken most of her pictures at dusk or on the most overcast day of the year. Perhaps she couldn't preview them, like most digital cameras, to see if she needed to reshoot any. She did Geoff Briggs the injustice of shooting his wonderful well preserved home from 3 different angles ( at least), none of which was recognizable. Her comment to him was that his house just wasn't photogenic and what a shame. I strained my eyes to see doorways and lintels that were in dark shadow, I could go on and on, but those of you who were there know what a truly crappy slide show this woman put on. The only time she even looked at the screen was when the Landmark Society's brochure was on display, then she scurried over to adjust the focus. I thought surely the next slide would benefit from this adjustment, but no, still dark and unseeable.  Unfortunatly, she must have spent a ton on slides that will last forever and nary a one are worth it.

I feel  she treated us like yokels that she could present anything to and have us be grateful. I take pictures all over the area constantly for my painting projects, so I know good, wonderful pictures can be made. I love the town in all it's seasons.

Again I truly commend the town for presenting a great program idea with a wonderful venue but you were had, and so were those GCC Students there to film the whole thing. Terry Weber.

A note: I'll be curious if anything pops up in other that I should know about. Also, I didn't include places that serve deli sandwiches, such as some of the pizza restaurants -- just the delis. Also, for a future poll, I want to ask favorite places for hamburgers. I have three places I like, but e-mail me some other suggestions (obviously, none of the chains): howard (at) thebatavian dot com. Please e-mail me rather than comments so we can save that discussion/debate for another day.

Today's Deal of the Day: A $25 gift certificate from Adam Miller Toy and Bicycle in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

At Adam Miller's you can feel like a kid in a toy store again. It's a great place for gifts for kids of all ages, and for yourself. Adam Miller's is at 8 Center St. in Batavia.

The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Previous winners of this gift certificate are not eligible for this offer.

Rules: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

The regional real estate market may be picking up steam, but the impact is muffled in Genesee County, according to Howard Cohen, owner of FearyCohen Realty in Batavia.

Cohen said since the Batavia area is considered a bedroom community -- meaning a lot of folks commute elsewhere to work -- it doesn't get big ups or downs in the market that metro and resort areas do.

"We have a stable market," Cohen said. "Most people tend to stay in the area, even when they buy up."

The Democrat and Chronicle reported this weekend that a tax credit of up to $8,000 for first-time home buyers is heating up home sales.

"The tax credit is making homes go off the shelves," said Garry Britton, an agent at Nothnagle's Fairport office.

Homes priced below $150,000 in good condition are moving swiftly, followed by those under $200,000.

The tax credit is available for first-time buyers, and returning buyers who haven't owned a home for at least three years, who purchase a home by Dec. 31. It allows them to get a tax rebate of up to 10 percent of the selling price, up to $8,000.

Existing home sales for January through March were 1,648 compared to 2,112 in the first quarter of 2008. That's a drop of 22 percent, according to the report released Thursday by the Greater Rochester Association of Realtors. The median house price of a house was $105,000, with half higher and half lower in price, which represents a 3-percent decline.

The data spans a 12-county area from Seneca Lake to Genesee County and Lake Ontario to the Southern Tier.

The tax credit may help improve those numbers, but it probably won't have much impact locally, according to Cohen.

"We don't have a lot of first-time buyers here," Cohen explained. "We're still in a bit of a slump, but sales are a little stronger that in the last period of 2008."

The folks at Bob Harris Realty said they are optimistic that the tax credit will help boost sales, plus buying typically picks up in springtime.

Real estate advisers say to avoid low-ball offers in these categories and to expect a negotiating window no greater than 5 percent.

Batavia Police Detective Todd Crossett has been honored by the National Center for Missing and Exploited Children for his efforts to identify and arrest a suspected online predator.

Crossett was nominated for the award by FBI special agent Matthew Braverman. Crossett and Braverman worked together on the Dalton Wilke case.

Wilke allegedly made contact with a person he thought was a juvenile male and agreed to meet the youngster in Batavia for sex. Crossett posed online as the young male.

Wilke was arrested in Batavia with the assistance of the Buffalo FBI, LeRoy Police Department and members of the Batavia Police patrol unit.

Statement from the press release:

Competition for the National Awards given by the National Center for Missing and Exploited Children Center is always high. Detective Crossett was given the award for his unwavering commitment, determination and expertise in ensuring a safer world for our youth and children    

Here's a video interview with Det. Crossett that Philip Anselmo shot last May.

Fire units were dispatched to 33 Ross St. for a reported fire in the basement of a residence.

When firefighters arrived, they found an overheated boiler, but no fire.