An odor of fuel is reported in the building of the Flying J travel plaza in Pembroke.

The building was supposed to be evacuated, but a chief on scene reports the building is not evacuated.

Pembroke and Indian Falls fire departments responding.

UPDATE 7:41 a.m.: Newstead fire requested to the scene to help with roof access.

UPDATE 7:41 a.m.: Code enforcement also requested to the scene. Building is evacuated.

UPDATE 7:50 a.m.: Units on the road can continue response, all others can remain in quarters.

UPDATE 7:53 a.m.: A chief reports no issues found. No sign of fire. He suspects diesel fuel getting sucked in by vents was the cause.

A deal to sell property on Ellicott Street to Savarino Companies for development of Ellicott Station, which includes a restaurant, office space, and apartments, was finalized in Buffalo today.

Pier Cipollone, president of the Batavia Development Corporation, and Julie Pacatte, economic development coordinator for the BDC, were authorized earlier this week by the BDC board to finalize the property transfer.

Technically, the BDC sold Ellicott Station LLC to Ellicott Station Development LLC/Savarino Companies. Ellicott Station LLC, not the BDC or the City, was the owner of the real estate.  

The sale needed to close by Jan. 31 because of changes in the tax law would have meant loss of a $200,000 tax credit for the new owners.

Savarino is still working with 16 different entities to finalize financing for the development and has some environmental investigations yet to complete. Officials expect financing to close by mid-February.

The Buffalo-based firm is making a direct investment of about $3.5 million and will borrow approximately another $10 million or more, and local, state, and federal programs will cover another $5 million or so of the more than $18 million in project expenses.

Some of the financing is coming through the New Market Tax Credit program, which is one factor in why the financing is complicated (see prior story).

Resurgence Brewery will be the anchor tenant for the development and BDC officials expect a 2018 opening for the new restaurant.

The approximate 64,000-square-foot development will include office space and a five-story apartment complex with 51 units.

The location is the former buildings of Santy's Tire Sales and Soccio & Della Penna Construction.

The process of compiling the final list of the City of Batavia’s Downtown Revitalization Initiative award projects enters another phase next week when the 20-member Local Planning Committee reconvenes.

“We’re at a point where outlines (of prospective projects) will be given to the LPC, evaluation of the criteria will take place and summaries of project submissions will be reviewed,” said Steve Hyde, Genesee County Economic Development Center president and co-chair of the committee.

Hyde is serving as co-chair of the LPC along with Eugene Jankowski, City Council president, and Maria Figurele, executive director of CDC of Rochester,

The meeting is scheduled for 5:30 p.m. Jan. 9 at City Centre Council Chambers.

The LPC will consider projects submitted by developers as part of the $10 million DRI award that was granted to Batavia by New York State Department of State in coordination with the New York State Division of Homes and Community Renewal.

Jankowski said the future of the City Centre Mall has entered into the discussions, but he considers that to be “separate and on its own track” due to a pending agreement between the City and the Mall Merchants Association.

“What we’re primarily looking for are more private projects which will go on the tax rolls,” Jankowski said.

Hyde said the mall is “a big part of the conversation, but not the only thing.”

“It’s an important one, but there is a mix of projects,” he added.

Hyde said he expects that the LPC will meet again before the end of January for a “final review” and that the “vetted list will become the crux” of recommendations that will be forwarded to the State Department.

“We make recommendations, but ultimately, the state makes the decisions,” he said, adding that final submissions are due in March.

Jankowski urged the public to take in next week’s discussion, and then share their thoughts with the LPC members afterwards.

“We need the public to get involved – both with the DRI and with the city manager search process,” he said. “There are 15,000 people here and I’m only hearing from about five or six who claim they represent the people. This is your money; we need your input.”

Members of the LPC are as follows:

-- James Sunser, Ed.D., Genesee Community College president;
-- Pier Cipollone, Batavia Development Corporation president;
-- Craig Yunker, managing member, CY Farms LLC;
-- Tammy Hathaway, president, Genesee-Orleans Regional Arts Council;
-- Patrick Burk, Batavia City School Board president;
-- Erik Fix, United Way of Genesee County executive director;
-- Marianne Clattenburg, Genesee County legislator;
-- Tom Turnbull, Genesee County Chamber of Commerce president;
-- John McKenna, president and CEO, Tompkins Bank of Castile;
-- Susie Ott, Commercial Insurance Team Leader, Lawley Insurance;
 -- Julia Garver, Genesee YMCA director;
-- John Riter, resident director, Merrill Lynch;
-- Peter Casey, attorney, Del Plato Casey Law Firm;
-- Matt Gray, Eli Fish Brewing Company restaurant entrepreneur;
-- Nathan Varlan, executive director, Batavia Housing Authority;
-- Paul Battaglia, Genesee County Economic Development Center chair;
-- Mary Valle, owner, Valle Jewelers;
-- Rev. Marty Macdonald, City Church;
-- John Bookmiller, owner, Java Farm Supply;
-- Dan Ireland, president, United Memorial Medical Center.

Press release:

There’s so much talk these days about how polarized we have become as a nation. People digging in and unable to hear what others are saying. Trying to turn differences of opinions into win – lose arguments.

We also may feel so resentful of people who disagree with us that we want to dominate or eliminate them. People are hurt, and we walk away shaking our heads, wondering why. But what if there was another way?

We would like to invite you to an event to talk about some of our struggles. We will be holding a community event called “Can We Talk?" on Thursday, Jan. 18^th, 7 p.m. at the YWCA, 301 North St. in Batavia.

We will be joined by Professor Barry Gan, director of the Center for Nonviolence at St. Bonaventure University, along with Gary Pudup, Upstate coordinator of New Yorkers Against Gun Violence, and Eugene Jankowski, Batavia City Council president and gun rights advocate.

Professor Gan will help us experience how we can talk about issues of disagreement and work to foster understanding and common solutions in our daily interaction with others.

We encourage everyone to bring friends and family, and participate in this opportunity to make your world a more peaceful place.

Event Planning Committee:

Reverend Roula Alkhouri, Ph.D., YWCA Board Member

Reverend James Morasco, Morganville United Church of Christ

Joanne Beck, Batavia YWCA

Stating that “we’re not willing to sign it in its present form,” Batavia Town Supervisor Gregory Post said this morning that the Batavia Town Board did not take any action in connection with an amended and restated water agreement with Genesee County.

The board met on Thursday afternoon but decided not to sign off on the document, a 40-year agreement for water supply between the county and the town.

Post would not say what aspects of the agreement were deemed unacceptable.

“It is a complex issue; a work in progress,” he said.

County Manager Jay Gsell also would not elaborate, saying only that county legislators will discuss the situation next week and “continue our conversation with the Town of Batavia.”

As reported Wednesday on The Batavian, amendments to the water agreement focus on making sure municipalities are aware there is no unlimited supply of water and giving the county the flexibility it needs to increase the surcharge that municipalities pay as the demand for water increases.

Per County Attorney Kevin Earl, the restated agreement includes a provision that the county has to give 120 days prior notice to towns and villages of a price increase and, as part of the master plan, explain why an increase is warranted.

Phone calls to Earl and Batavia Town Attorney Andrew Meier were not returned as of the posting of this story.

Members of the basketball program with the Pembroke Youth Association showed "horns up" for UB men's basketball at Alumni Arena in Buffalo on Thursday night.

The kids got a chance to see a great Division I basketball game (the Bulls beat NJIT 86-81 in overtime) as a group outing.

(I attended the game and when one of the girls with the group won "Fan of the Game" during the second half, I noticed the Pembroke jersey and decided to get a picture of the group at the game. The kids were clearly having a blast.)

The Byron-Bergen Lady Bees beat Greece Odyssey on Thursday night to capture, for the second year in a row, the Sports Boosters Tournament championship.

The Bees came back from a 29-23 half-time deficit to win 56-48.  

After starting the season with three losses, Byron-Bergen has won five in a row.

On Thursday, Juliana Amesbury had 19 points, Kelsey Fuller 14 and Miriam Tardy with 12. Odyssey Shyasia McCullough had 16 points.

Byron-Bergen's Kelsey Fuller was named tournament MVP. The rest of the all-tournament team is Lydia Borrelli from Le Roy, Shyasia McCullough and Abby Wilson from Odyssey and Juliana Amesbury.

Information submitted by Kathryn Krzewinski. Photos by Tammy Fuller.

Investigators are unsure why a 2004 Acura TSX driven by Tracy B. Carpenter, 54, of Oakfield, crossed the center line on Route 33 in Stafford just before 12:30 p.m. today and struck a westbound semi-truck head on.

Carpenter was pronounced dead at the scene by Coroner Donald Coleman.

The weather was not a factor, according to the Sheriff's Office investigators. The road was dry and the sky was clear.

The accident closed Route 33 between Prole Road and Caswell Road for the entire afternoon. Stafford fire is just now clearing the scene. The Department of Environmental Conservation's spill management crew is still working to clean up a fuel spill. National Grid was on scene to replace a utility pole that was broken when the semi-truck struck it.

The 2007 Western Star was driven by Fay B. Warner, 67, of Geneseo. Warner was not injured in the accident.

The crash is being investigated by deputies Jenna Ferrando, Joseph Loftus, Chris Erion, and the Crash Reconstruction Unit. 

Stafford fire responded along with Byron fire, South Byron fire, and Bergen fire to assist at the scene and block roads. Mercy EMS also responded. State Police also assisted at the scene.

(Initial Report)

District Attorney Lawrence Friedman and his staff, including new First Assistant District Attorney Melissa Cianfrini, took their oaths of office today at the County Courthouse.

Submitted photo: Lawrence Friedman, Robert Zickl, County Clerk Michael Cianfrini, Melissa Cianfrini, Kevin Finnell, and Shirley Gorman.

An animal control officer is responding to check the welfare of two horses corraled off Main Road in Stafford that appear to be malnourished, according to a caller to dispatch.

The caller could not provide the exact address of the property but told a dispatcher it is in the area of Nilesville Road, on the north side of Main Road, and that those are the only horses in that vicinity.

A head-on collision between a semi-truck and a car is reported on Route 33 in Stafford. One person is reportedly "unresponsive." Mercy medics and Stafford fire are responding.

UPDATE 12:32 p.m.: The accident is in the area of 5882 Clinton Street Road (Route 33).

UPDATE 12:35 p.m.: There is a lot of debris in the roadway. The roadway is blocked. Bergen Fire Department is called. Extrication equipment will be needed.

UPDATE 12:38: Stafford command also requests Byron and South Byron fire departments to the scene, which is between Mill Road and Westbrook Morganville Road. Mercy Flight #7 is called in; a 15-minute ETA. "We need the extrication as soon as possible for this one patient," says a first responder.

UPDATE 12:41 p.m.: The extrication equipment is en route. Fire police are going to close the roadway near the scene.

UPDATE 12:48 p.m.: National Grid is called because the semi struck a utility pole, which is still standing but "it's damaged and it's making some noise."

UPDATE 12:56 p.m.: Stafford commands says "Just be aware this (roadway) is going to be shut down for awhile."

UPDATE 1:07 p.m.: National Grid is on scene.

UPDATE 2:21 p.m.: Genesee County Undersheriff Gregory Walker confirmed this was a fatal accident. The driver and sole occupant of an eastbound sedan was killed, Walker said, after the vehicle crossed the center line and collided head on with a westbound tractor-trailer hauling food products. The trucker was not injured. "He tried to avoid (the crash)," Walker said. "He saw it coming over the center line and tried to avoid it. He couldn't avoid it." The trucker swerved into a ditch yet there was still a head-on collision. The accident reconstruction/crash management team is taking measurements at the scene and investigating. National Grid also has to replace the broken utility pole before the roadway can be reopened. Next of kin notifications are being made and the victim's information will be released afterward. Walker said the roads are dry now and were at the time the accident occured, so icy road conditions were not a factor. "We're not sure of the reason," that the accident happened, Walker said.

Outgoing Manager Jason Molino’s “main goal” is to provide his successor with as much information as possible to help him or her navigate through the many projects that are on the table in the City of Batavia.

That’s the word from City Council President Eugene Jankowski, summarizing Wednesday night’s special meeting – a closed executive session – at the City Centre Council Board Room.

“Jason’s main goal is to outline everything in a detailed and concise manner to benefit the incoming manager and make it easy to understand what is going on,” Jankowski said.

While Jankowski said there is no obligation – financial or otherwise -- for either party to continue any relationship after Molino’s final day on the job (Jan. 12), he did say that Molino has “volunteered to answer questions after he leaves for a reasonable amount of time.”

Jankowski termed the meeting as an “exit interview” and a time for “constructive criticism both ways.”

The council president said most of the 45-minute meeting consisted of Molino giving suggestions about what skills and qualifications that Council needs to look for in its next manager, and how to improve employer/employee relations.

“He cleared the air as to why he was leaving, basically stating what he said before, that he was moving up the ladder and taking the next step in his professional development,” Jankowski said. “There also was a lot of heart-to-heart, which is a good thing.”

Jankowski said Molino outlined “his exit strategy” and briefed Council on the major projects.

“Jason also will be making suggestions on who he thinks should be the interim manager, and suggested that Council should make an interim appointment effective Jan. 13,” Jankowski said.

Although no specifics were discussed concerning an interim replacement, Jankowski said that he thinks “it would be reasonable to compensate someone for additional duties” should the interim tag be placed upon a current city employee.

Jankowski said there was no discussion on how to fill the position, adding that a public debate is less than two weeks away.

“You can expect a lively debate about how we will proceed at our next meeting on January 8^th,” he said.

Molino resigned on Dec. 18 after 11 years in Batavia, and will start his new job as Tompkins County Administrator on Jan. 29. The new position comes with more responsibility and a substantial raise from his current salary of about $94,000.

Lazeula D. Washington, 40, of State Street, Batavia, is charged with trespass. Washington is accused of entering the Genesee Country Mall though previously barred from the property. He was jailed on $250 bail.

Jeffery Thomas Dutton, 26, of Buell Street, Batavia, is charged with harassment, 2nd. Dutton was arrested after police responded to Walnut Street for a report of two men fighting.

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested after allegedly failing to appear on a subpoena related to a charge of criminal contempt, 2nd. 

Dexter L. Turner, 26, of Victor Lane, Hamlin, was arrested on two warrants out of City Court. He was jailed on $5,000 bail or $10,000 bond.

David C. Wojkowski, 33, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket.

Daniel J. Horner, 37, no permanent address, was arrested on a warrant for alleged failure to appear on a prior appearance ticket.

Deina Chavez, 36, of Rochester, is charged with conspiracy and petit larceny. Deina was arrested by State Police in relation to an incident reported at 1:13 p.m. Oct. 28 at Kohl's Department Store. Chavez was jailed on an unspecified amount of bail. No further details released.

Members of the Batavia High School softball team, along with parents and coaches and parents, were at the basketball tournament on Wednesday night selling snacks and drinks.

The concession booth is a fundraiser to help the team pay for a trip to a softball camp in Myrtle Beach, S.C., in March. The camp will allow the team to start practices and see game action, helping them prepare for the season, while most of the team's spring competition is still stuck in frigid WNY.

Notre Dame and Batavia will meet in the finals of The Peter Arras GCC Basketball Tournament at Genesee Community College on Friday after both teams won opening round games of the annual tournament organized by the Batavia Lions Club.

Notre Dame beat Elba 77-66 and Batavia beat Albion 84-58.

In the first game, Notre Dame and Elba traded leads throughout the first three quarters, but the Irish pulled away by scoring 30 points in the fourth quarter even as Elba scored 24.  

Ryan Moffat scored 26 points for the Irish, hitting five three-point buckets. Nico Zambito scored 17 points. Spencer Miskiti and Brendin Klotzbach each scored eight.

For Elba, Jonathan Boyce scored 20, Collin O'Halloran scored 16, Colton Dillon, 14, and Ben Pflaumer, 13.

In the nightcap, Mason McFollins scored 31 points, hitting seven three-pointers, while Ray Mlodozeniec scored 13, Trevor Zewan, 12, and Jonathan Liciaga, 8.

For Albion, Liam Ward scored 20, hitting four three-point shots and Bryce Pritchard scored 17, hitting five three-point shots.

Elba and Albion will play the consolation game at 6:30 p.m. Friday, and Batavia and Notre Dame tip off at 8 p.m. Both games are played at GCC.

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