Tim Horton's is moving forward with plans for a new location in Batavia, on Lewiston Road, near West Main Street Road, and the company cleared another regulatory hurdle Monday night.

The Town of Batavia Zoning Board approved a setback variance for the restaurant building, allowing the structure to be located about 15 feet from the property line.

The current, vacant, building is 10 feet from the property line and the local zoning law requires a 30-foot setback, unless a variance is granted.

The zoning board approved the variance unanimously.

The board also completed a short-form environmental review and found that the one issue to be resolved is what traffic impact a Tim Horton's will have on the already busy intersection of Lewiston and West Main.

A couple of area residents spoke out against the proposed location saying additional traffic will make an already bad intersection all that much more dangerous.

A Department of Transportation traffic study for the proposed site has already been ordered and the town's planning board will take up that issue and any other issues at a public hearing Dec. 5.

Bob Bender, real estate project planner for Tim Horton's, said he doesn't know what the traffic study will show and didn't speculate about any findings.

There would be two ingress and egress points to the proposed location, one off of Lewiston Road and the other off West Main Street. The blueprint shows the West Main driveway in the same location as this tree.

The building will be 1,953 square feet.

A franchise owner for the location will not be announced until the project is approved, Bender said.

If the project is approved, construction would start in March or April.

The county will spend $375,000 this year to do a comprehensive review of all the bridges and culverts in Genesee County, though its unclear yet how replacement and repair of tired old bridges will be funded.

The legislature has discussed a bond issue for bridge and culvert replacement, which may be necessary because the pot of money from the state and feds for highway work is getting smaller and smaller.

More fuel-efficient cars and people driving less is putting a squeeze on gas tax revenue. At the same time, according to County Highway Superintendent Tim Hens, the cost of asphalt, concrete and steel is skyrocketing.

"It sounds kind of funny that fuel-efficient cars is a bad thing for highway funding, but the way our gas tax is set up, it’s a set amount per gallon," Hens said. "It’s 18.4 cents per gallon, that goes to our highway bridge trust fund. As vehicles become more efficient they use less gas, people drive less overall because of public transit, (so) the actual revenue generated by that set amount tax drops over time."

The funding squeeze on federal highway grants has the state being more judicious about how it allocates funding, Hens said. Bridges on heavily traveled interstate highways are getting the priority, which from an engineering standpoint, Hens said, is understandable.

Some some bridges -- such as the Bethany Center Road Bridge over Route 20 -- that are in dire need of replacement are being left to decay.

The Bethany Center bridge has lost so much concrete to weather and age that rusted rebar is now visible in spots.

It was originally scheduled for replacement in 2011, but cuts in funding pushed the project to at least 2015, Hens said, and now it doesn't look like it will be replaced even then.

For the county's bridges, several -- such as South Lyon Street and Stroh Road -- have been pushed back on the replacement schedule because of fewer federal dollars and higher costs.

Still, the planned capital review project for bridges and culverts will allow engineers to inventory and inspect the county's bridges and determine their current state of possible disrepair. That work will help the county better prioritize the limited resources for bridge and culvert replacement.

The funding for the project is part of the county budget and comes from the 1-percent sales tax for capital projects.

As for the drop in fuel tax, Hens said state and federal officials have floated the idea of making the fuel tax a percentage of the overall sale so the amount paid fluctuates with the price of gas, or simply adding as much as 40 cents per gallon to the price of gas.

Hens doesn't think either idea will get much political support.

There's also the idea of using a car's black box -- all newer cars have them -- to record and report miles traveled. Drivers would then pay an additional tax when they file their tax returns with the IRS.

Hens didn't take a position on any of these ideas, he just said that's what's being discussed in Albany and Washington, D.C.

The Ghost Riders have released a new CD -- 34 songs recorded live from 2008 through 2011 at the annual Stafford Carnival Father's Day Jamboree.

The CD is available at all upcoming Ghost Rider gigs.

Billie and I always appreciate running into people around town who shower The Batavian with praise. We always love to know that people appreciate our work.

We've always asked our fans and supporters to help The Batavian thrive by supporting our advertisers, which you all have been great about doing.

Now, to help us grow, we're asking you to support The Batavian through direct financial contributions by joining The Batavian Club.

Today, 19 people signed up, which we find is a pretty great start to getting this new idea going.

For the second year in a row, the crew at High Voltage Tattoo and Piercing is hosting a tattoo and piercing marathon with proceeds benefiting local charities.

This year, all money raised during the two-day event will be donated to Don Carroll's Toys for Kids and Golisano Children's Hospital. 

You can pick from a group of pre-determined tattoos for $30 per tattoo and piercings for $20 (includes jewelry).

No appointments will be accepted during the two-day event, which is from 10 a.m. to 8 p.m., Dec. 6 and Dec. 7.

Last year, the event was only one day and the High Voltage crew worked until late into the night trying keep up with the demand.

High voltage is located at 110 W. Main St., Batavia.

Photo: Mark Fanara, owner, Kenny McCarthy, Lisa Vokes and Andrew London.

A 26-year-old Batavia man with prior arrests and already serving time in state prison was arraigned today on a sealed grand jury indictment charging him with drug dealing.

Cody Alan Bush Jr., formerly of 7614 Oak Orchard Road, Batavia, is accused of selling quantities of hydrocodone, oxycodone and suboxone to an agent of the Local Drug Enforcement Task Force.

A press release from the Sheriff's Office doesn't state the time period in which Bush allegedly made the sale to an undercover agent.

Bush is charged with criminal sale of a controlled substance, 3rd, and criminal sale of a controlled substance, 4th.

Following arraignment in county court, bail on this arrest was set at $20,00 and Bush was returned to Lakeview Correctional Facility.

He is serving from one-and-a-third to four years for driving while impaired by drugs with a prior offense, arriving in prison Sept. 13, 2012. The conviction may stem from a May 2011 arrest of Bush for felony driving while ability impaired by drugs, felony aggravated DWI with a child in the car (Leandra's Law), felony aggravated unlicensed operation, four counts criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

In the past couple of years, Bush has also been charged with petit larceny, criminal contempt and harassment.

The owners of Rolling Hills Asylum in East Bethany called dispatch to report that an unauthorized person or persons are inside the building and a flashlight can be seen probing the darkness. Sheriff's deputies are responding. The location is 11001 E. Bethany Road in East Bethany.

Erin Coles submitted this photo of Jasmine Wessel, of Alexander. Jasmine showed up at the hat and glove drive over the weekend with two suitcases full of stuff along with some additional bags of items she was able to collect from classmates and her Brownie troop.

Press release:

With much ambivalence, Genesee Community College announces that Jerry Kozlowski, associate vice president for Workforce Development, commonly known as The BEST Center (Business Employee Skills Training), has tendered his resignation. After Jan. 4, Jerry plans to spend more time with his family, and also continue his graduate school adjunct teaching responsibilities at Medaille College.

Under Kozlowski's management, The BEST Center has become a recognized regional leader in helping develop the skilled workforce that powers local economic growth. Seminars, workshops, and customized training programs are all designed to assist businesses improve the performance of their people and processes, and focus on long-term strategic success.

The BEST Center serves individual employees, large and small businesses, and seeks and secures federal, state and local grants. It offers multifaceted business development services through the Small Business Development Center (SBDC) where advisors provide free counseling to owners of start-ups and existing small businesses. The BEST Center has also partnered with five national professional online training programs with more than 450 high-quality courses for professional certification.

During Kozlowski's tenure, The BEST Center earned several distinctive awards including: the Genesee County Chamber of Commerce "Innovative Enterprise of the Year" and the American Association of Community Colleges "Community Economic Development Best Practices" Award.

Kozlowski began his tenure at Genesee Community College in 2000 as a faculty member in the business department. In 2002, he helped develop, found, and served as dean of The BEST Center, located in the newly built Conable Technology Building of the Batavia campus.

In 2004, Kozlowski assumed the managerial role of Genesee's network of campus centers, which included the construction and opening of the Lima location in October 2009. As dean of Genesee's six campus centers, he oversaw the delivery of academic programs in the four-county GLOW region (Genesee, Livingston, Orleans and Wyoming) covering 2,400 square miles and a staff of more than 30 people. This responsibility accounted for approximately one-quarter of the college's total enrollment.

In 2010, Kozlowski was promoted to associate vice president of Workforce Development, recognizing a decade of tactical planning and outreach in the areas of developing workforce services and regional economic growth.

Kozlowski was the recipient of the prestigious State University of New York Chancellor's Award for Excellence in Professional Service in 2006. Additionally, Jerry is a member of the Leadership Genesee Class of 2004, and serves on the following boards: New York State Liaison for the American Association of Community Colleges; member-at-large, GLOW Workforce Investment Board; member, Genesee County Empire Zone Board; member, Genesee County Economic Development Center (GCEDC) Economic Development Focus Group; and chairman the Board of Directors for the Genesee County Chamber of Commerce. He is also a former business columnist for The Daily News in Batavia.

With his wife, Lee, Jerry Kozlowski resides in Clarence Center. He is a former executive of Tops Markets, Inc., and a retired officer of the Air Force with 25 years of service as a commander, instructor, speechwriter and program manager.

"I approach this new era of my professional career with mixed emotions," Kozlowski said. "Having traveled around the world and visited all 50 states, this is the longest I've been in one place. I've never worked with a finer group of people all dedicated to getting the job done. From the chambers, to the IDAs, the various boards I have served on, and certainly my colleagues at Genesee College Community -- I will miss the many relationships I have developed throughout the GLOW region."

A professional search for Kozlowski's successor is ongoing and will be announced soon.

A young man once granted a second chance following his arrest in Batavia on drug charges was sentenced to state prison today.

Rochester native Benjamin Santiago, 23, will spend the next two and a half years in prison for drug possession and parole violation.

Santiago was originally arrested at a Batavia motel back in June of 2011.
At the time, he was one of three men arrested in possession of 74 bags of heroin and cocaine.

Shortly after his arrest, Genesee County Court agreed to allow Santiago to plead guilty to a reduced charge that would carry no jail time if he completed a substance-abuse program.

Santiago never completed the program and never appeared back in court.

He was re-arrested in October for bail jumping. His sentence on that charge will be handed down next month will run consecutively with the term he was given today.

Nicholas A. Antonucci, 25, of Broadway Road, Alexander, is charged with burglary, 2nd, and criminal contempt, 2nd. Antonucci allegedly entered a residence at 9:30 a.m., Saturday, of a person with an active stay-away order against Antonucci. Deputies allegedly located Antonucci inside the residence. Antonucci was jailed without bail. (Prior reports on Antonucci)

Cody A. Patrizi, 22, of 16 Walnut St., upper, Batavia, is charged with unlawful dealing with a child. Patrizi is accused of hosting an underage drinking party, which was reported at 1:15 a.m., Sunday.

Jake P. O'Leary, 19, Sam M. Cassidy, 21, and Declan L. Brennan, 21, all of 8 Montclair Ave., Batavia, are charged with unlawful dealing with a child. The three men are accused of hosting an underage drinking party, which was reported at 12:04 a.m., Sunday. Numerous underage people were allegedly at the party drinking.

Richard L. Maston, 30, of 40 S. Main St., upper, Batavia, was arrested on a warrant for allegedly failure to appear on a disorderly conduct charge. Matson was jailed on $500 bail.

Jennifer L. Stack, 26, of 48 S. Main St., Batavia, and Woodrow C. Horseman, 36, of 5049 E. Main St. Road, Batavia, are charged with petit larceny. Stack and Horseman are accused of stealing a shopping cart full of groceries from Tops Market at 3:17 p.m., Saturday.

Charles A. Larsen, 37, of Fisher Road, Oakfield, is charged with criminal trespass, 2nd. Larsen is accused of entering a residence on Swamp Road, Byron, and removing items that he owned. Larsen was jailed on $300 bail.

Alec Michael Frick, 23, of Ellicott Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding and consuming alcohol in a motor vehicle. Frick was stopped at 10:44 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Matthew Fleming.

Michelle Ann Bruner, 19, of Townsend Street, Akron, is charged with criminal contempt, 2nd. Bruner is accused of harassing a victim in Basom in violation of a Family Court order during a property retrieval.

Joseph Lee Piedmont, 47, of Ross Street, Batavia, is charged with harassment, 2nd. Piedmont is accused of pushing another person.

Leon C. Bloom Jr., 30, of Batavia, is charged with felony criminal contempt, 1st. While incarcerated at the Genesee County Jail, Bloom is accused of sending a letter to a person protected by court order from contact by Bloom.

Melissa Marie Morton, 27, of Maple Road, Basom, is charged with petit larceny and criminal contempt, 2nd. Morton is accused of stealing four PlayStation3 games from Kmart. When confronted by store security, Morton was reportedly cooperative and returned the items. At the time of the incident, Morton was allegedly with another woman she is barred by court order from contacting.

Patrick O'Neal Spikes, 31, of Hutchins Street, Batavia, is charged with bail jumping, 2nd. Spikes was located by Batavia PD at an address on West Main Street Road while officers were assisting NYS Parole on a matter involving another individual. There was reportedly an outstanding warrant for Spikes out of city court for alleged bail jumping. The person parole officers were attempting to locate was not in the residence.

Press release from Attica PD:

Two youths, ages 17 and 18, have been arrested and charged with criminal mischief in the 2nd degree for the damage to 28 vehicles at Upstate Chevrolet in Attica. The names are being withheld pending a determination of possible "youthful offender" status. Upon the request of police, the two youths turned themselves in at approximately 6:30 p.m. Both youths were remanded to the Wyoming County Sheriff's Jail on $10,000 cash or $20,000 bond.

A controlled burn at 9870 Perry Road "is no longer a controlled burn. It's a field fire moving toward the woods," according to an emergency dispatcher. Pavilion Fire Department is called. The location is between Black Street Road and Cole Road.

UPDATE 4:01 p.m.: "A call back from the resident indicates the fire is now mostly under control."

This morning I went out to DeWitt Recreation Area for the sunrise.

After a little time there, I went for a short drive and on the spur of the moment I swung into Grand View Cemetery, not expecting to find E.N. Rowell's monument (bottom photo).

A one-vehicle rollover accident is reported in the area of 590 Council House Road, on the Tonawanda Indian Reservation.

Alabama fire is dispatched.

UPDATE 10:29 p.m.: Chief on scene reports a vehicle on its side.

UPDATE 10:31 p.m.: One patient. No word yet on extent of injuries.

One of the items on my to-do list for awhile has been to go to DeWitt Recreation Area for sunset pictures over the lake. This evening, I made that trip.

Former professional wrestler Dick Beyer, aka The Destroyer and Doctor X, was at Main St. Pizza Company today selling copies of his book "Masked Decision" and signing autographs.

Previously: Main St. Pizza owner helping promote book of his idol, former pro wrestler 'Doctor X'