batavia

"His toe is trapped in a bicycle chain," says a dispatcher about a call for aid. City fire and Mercy medics are responding.

Attica 21, Alexander 9. Alexander played a tough game, but fell to GR rivals Attica, 21-9. The Trojans are now 1-2 on the season and Attica is 3-0. QB Jared Browne was five fo 12 for 113 yards. Samuel Brown was one for two passing for 58 yards and a TD, which was caught by Jacob Riggs. The Trojans were held to 34 yards on the ground on 26 carries. Zack Shilvock made a 45-yard field goal. Ty Laird had seven tackles and Rick Amico, Tristan Aldinger and Riggs all notched six each.

Batavia 41, Hornell 21. The Blue Devils had 350 total yards on the ground. Dominick Mogavero had three touchdowns. 

Photos by Rick Franclemont.

The way Hiram Kasten and Lucine Kauffman see it, Genesee County is a great place to live.

It's beautiful, there's a lot going on, and you'll meet some of the nicest and most interesting people if you just get out on the town a bit.

It's these qualities that they want to highlight in their new weekly, one-hour radio show on WBTA, which debuts Oct. 1.

"Talk of the Town" will feature talk about what's going on and some of the region's interesting people.

It's a cultural show -- arts and entertainment -- but it's more than that.

"There's a national trend toward localism," Kauffman said. "It's not just shopping local. It's living local. We want to capture that idea."

Kasten and Kauffman like interesting people, but they are, of course, interesting people themselves.

Kasten has been a professional entertainer for decades with a long resume in New York and Hollywood that included recurring roles on "Seinfeld" (Hiram and Jerry came up through the New York comedy club circuit together) and "Everybody Loves Raymond."

Diana Kisiel Kasten, Hiram’s wife, is from Batavia and operates Pinnacle Manufacturing on Harvester Avenue. She convinced Hiram to move here a year ago. The couple has a grown daughter who attends Cornell University.

Kauffman is the former town supervisor for Elba and has been active in local theater for years. She grew up in Southern California and graduated from USC. She moved to Genesee County with her Batavia-born-and-bred husband, Bill, 25 years ago. Their daughter attends Notre Dame University. Bill Kauffman is the author of nine books and the screenplay "Copperhead," which had its theatrical release last year.

"We're going to talk about the cultural aspects of Genesee County and the region," Lucine said. "It's more than just arts and entertainment. There are farm co-ops and local artisans and people who enrich life in Genesee County. It's all about quality of life and the quality of life here is very good."

Hiram said he often knows the comedians passing through Rochester and Buffalo, so that will be an opportunity to hear from nationally recognized talent, but they'll also feature the volunteers who make community theater so vital to Batavia.

"There's a lot to celebrate in Genesee County," Lucine said.

"Celebrate. That's a good word," Hiram added. "There is a lot to celebrate here."

The show will air Wednesdays from 9 to 10 a.m. on WBTA-1490.

The Sheriff's Office would like to interview the man in this picture.

During the early afternoon of Sept. 10, this man is believed to have picked up a woman's wallet seconds after she dropped it while exiting the grocery side vestibule at Walmart.

The Walmart greeter saw the man pick up the wallet and the greeter offered to take it to customer service. The man said he was heading to customer service himself. 

Investigator William Ferrando said he never made it to customer service. He walked into the restroom and allegedly left the store without turning in the wallet.

He is believed to have left in the maroon crew cab pickup truck depicted in the picture below.

Anybody with information that might assist in the investigation is asked to call Ferrando at (585) 343-5000.

A possible house fire is reported at 9091 Creek Road. Town of Batavia fire is responding along with an engine from the city. The location is between Dorman Road and Lehigh Avenue.

UPDATE 11:38 a.m.: A call from the resident says the smoke came from a cooking fire and they believe they have it out. A firefighter on scene reports light smoke and the odor of burnt food in the area.

UPDATE 11:40 a.m.: All units are told to hold in quarters.

UPDATE 11:47 a.m.: The Town of Batavia assignment is back in service.

A recliner sitting roadside along Pratt Road near Powers Road is reportedly on fire.

East Pembroke fire dispatched.

Baybhann Osman Tagber, 38, of North Almond Drive, Beverly Hills, was arrested as a fugitive from justice. Tagber was being held at the Buffalo Federal Detention Center on a possible immigration issue. While in custody, authorities learned of a warrant in the City of Los Angeles. Tagber was wanted on a burglary charge. Tagber is being held in the Genesee County Jail pending an extradition hearing.

Gary William Bird, 60, of Vine Street, Batavia, is charged with stalking, 4th. Bird is accused of contacting a person at their place of employment while knowing that such contact was unwanted and would cause alarm and annoyance.

Carrie A. Stewart, 34, of Attica, is charged with conspiracy, two counts of criminal trespass and petit larceny. Stewart was arrested at Walmart by State Police at 10:10 p.m., Sunday. No further details released.

Timothy M. Ryan, 20, of East Pembroke, is charged with burglary, 2nd. Ryan is accused of entering the residence of a family member and taking more than $600 worth of electronics. The items were sold to a pawn shop. Ryan was released under supervision of Genesee Justice.

There's a report of heavy smoke coming from a building at 401 Ellicott St., Batavia.

City fire dispatched.

A first responder reports smoke showing and smoke detector activated.

UPDATE 8:41 a.m.: Second platoon requested to the scene.

UPDATE 8:44 a.m.: A firefighter reports, "we can handle it with a water tank."

UPDATE 8:45 a.m.: Small contents fire in bedroom. Fire knocked down. Checking for extension. Ventilating ing the premises.

UPDATE 8:47 a.m.: Fire under control. No extension.

Photo submitted by Frank Capuano

A family-owned communication company that has provided phone service in Genesee County for more than 100 years is bringing true high-speed Internet to Batavia.

Empire Access, an affiliate of Empire Telephone, with a location in East Pembroke, is installing fiber optics throughout the city.

The network will be able to deliver business and residential service with download speeds of 100 megabits and upload speeds of 20 megabits.

Verizon DSL only offers a 10mb down and 1mb up service in Batavia and Time-Warner's top-end service locally is 30mb down.

Senior VP Jim Baase said the prices will be better, much better, too. That 100mb/20mb service will cost only $50 a month.

This is the sixth market Empire is introducing high speed Internet in, Baase said.

"We've had great success competing against companies like Time Warner and Verizon," Baase said.

Business customers can order high-speed Internet now from Empire, said local manager Tom Hare, and delivery is about 30 days out currently.

The first neighborhood to get residential service will be in the northeast quadrant of the city, Hare said, starting in about three our four months. The rest of the city should be covered within six months.

Empire is also offering phone service over the fiber network, as well as cable TV and security systems.

All of the regulatory hurdles at the state and federal levels have been cleared, Baase said, and Empire is just starting negotiations with the city for a cable franchise agreement.

As previously reported, the city is also in the midst of negotiating a new agreement with Comcast.

Empire Telephone is a third-generation, family-owned business based in Prattsburgh. For most of its history, it's been a rural telephone network in such places as East Pembroke, Pembroke and Indian Falls where it has some 700 telephone customers (that area is also scheduled to receive a fiber network service from Empire).

Baase said Empire decided to bring a fiber because it's an open market (Verizon has shown no interest in introducing FiOS here) and it will have a large enough customer base to support the network.

"It's a very attractive market for us," Baase said. "It's densely populated and we don't like to over build where there's FiOS. We don't like to go where there's already a company like ours."

On its marketing material, Empire Access bills itself as "The Local Company," and Empire will have an office in Batavia (while maintaining a switching station in East Pembroke, where the office was located). Baase said Empire will employ people locally and hire more and more people as its local network grows.

Another Empire advantage, Baase said, is when you call customer service your call is immediately routed to a real person, rather than a long telephone tree of button pushing.

Empire has plans to expand into other parts of the county, primarily along Route 5, once the Batavia network is built.

Interested business customers (not residential yet) can contact Tom Hare at (585) 813-9861 or THare@etcnpt.com. (e-mail address corrected)

Top photo: High speed fiber-optic cable ready for installation in Batavia.

Tom Hare in Empire Telephone's current switching room in East Pembroke.

Empire Telephone's longtime facility in East Pembroke.

Press release:

UR Medicine's James P. Wilmot Cancer Institute will soon introduce a full menu of cancer diagnosis and treatment services in Genesee County, anchored at 262 Bank St. in Batavia.

UR Medicine has agreed to purchase Batavia Radiation Oncology Associates, the longtime practice of cancer specialists Kevin J. Mudd, M.D., and Jan Dombrowski, M.D.

Once the deal is complete, Mudd will continue to see patients as a member of the University of Rochester Medical Center faculty. Staff within the practice will also become University of Rochester employees.

The purchase, which includes the practice and the building, requires approval by the New York State Department of Health to make the practice part of Wilmot’s parent hospital, Strong Memorial Hospital.

"Dr. Mudd is a skilled and experienced clinician who will make a wonderful addition to our regional team of physicians,” said Jonathan Friedberg, M.D., director of the Wilmot Cancer Institute, a component of Strong Memorial Hospital. “His practice will form the hub for an expanded set of cancer services available right in Batavia.”

To further integrate care, Wilmot will renovate the building and introduce new medical oncology services, including chemotherapy and infusion services and will upgrade IT systems so that medical records and other information can be shared across Wilmot’s expanding network.

“This is part of our vision of bringing progressive cancer treatment directly into smaller communities throughout the region,” Friedberg said.

Mudd said "I have worked closely with the Wilmot Cancer Institute since coming to the region in 1996 and I look forward to continuing my practice as an integrated member of the University faculty."

The Wilmot Cancer Institute is the Finger Lakes Region’s leader for cancer care and research. As part of UR Medicine, Wilmot provides specialty cancer services at the University of Rochester Medical Center and at a network of satellite locations. Wilmot Cancer Institute is a component of Strong Memorial Hospital. The Institute also includes a team of scientists who investigate many aspects of cancer, with an emphasis on how best to provide precision cancer care.

The first thing Jason Harasimowszi thought when he saw Cross Fit on TV a few years ago was, "that's too hard."

He thought, "there's no way I could do that."

But he gave it a try and found, yes, it is hard, but, he said, "I wanted to keep doing it and get good at it."

Three years ago, he took a Cross Fit course in Chicago and became a certified trainer.

"It's nice seeing people succeed," Harasimowszi said to explain why he likes training others in Cross Fit.

Recently, Harasimowszi opened his own Cross Fit gym, Cross Fit Silver Fox, inside the Harvester Center.

Cross Fit is designed to be a complete, functional work out, often using heavy weights and complex, compound exercises that work more than one muscle at a time.

"(Cross Fit) is going to help you outside in life," Harasimowszi. "If you pick up boxes off the ground, it's like you're doing a deadlift. If you put a box on a top shelf, obviously, you're pressing something overhead. Everything is transferable to your outside life."

Silver Fox is equipped with about $20,000 worth of racks, weights, barbells, kettle bells, medicine balls, rowing machines, parallel bars, tires, boxes and other training equipment.

Classes are: Monday through Friday at 5, 6 and 7 a.m., and 4, 5 and 6 p.m.; Saturdays at 7, 8 and 9 a.m.; and Sundays at 11 a.m.

To locate Silver Fox, go into the Harvester Center through the main entrance and then down the hallway straight back from the door. The gym is on the left.

There's a very simple reason Rochester-based Conifer wants to build a middle-income apartment complex in Batavia now, John F. Caruso told the town's planning board Tuesday night.

"Batavia's hot," said the president of Passero Associates Engineering Architecture.

"It's hot," he said, "because of your smart growth plans, your STAMP Project, yogurt plants, lots of job growth. I'm happy we're the first to get in, but there will be more. Mark my words, this is a very good area."

Caruso made his remarks during a public hearing for Big Tree Glen, a 136-unit complex proposed for West Main Street Road that Conifer wants to build in three phases.

The Genesee County Planning Board disapproved the plan Thursday night, which means in order for the town's planning board to give it the nod, the vote will need to be a majority-plus-one.

Tuesday night, developers gave their presentation to the town's planning board and local residents -- including several in opposition -- shared their thoughts on the project.

The board won't take action on the proposal until its next meeting Sept. 30.

Caruso and Andrew Crossed, a VP with Conifer Realty, gave a very detailed presentation about the proposed complex, which Crossed called a "flagship design" for Conifer. The same basic concept has been built in several other New York communities, as well as in other states.

The project would be built in three phases with the first phase containing 56 units.

There would be one bedroom, two bedroom and three bedroom apartments, with monthly rents of $592, $717 and $900.

The market for the apartments are households with annual incomes of $25,000 to $45,000.

There would be no HUD, Section 8 or other rent subsidized apartments. Tenants would go through a thorough screening process, including a background check, income verification and reference check and would be required to sign leases that would clearly spell out residential expectations.

There would be two employees of Conifer on site full-time -- a residential manager and a residential maintenance supervisor.

"What we build, we own," Crossed said. "What we own, we manage."

All infrastructure -- roads, water and sewer -- would be owned and maintained by Conifer, meaning no expense for the town.

The property would generate about $75,000 local property tax.

While Conifer will apply for a state grant to help finance construction of each phase, it's a competitive process and Conifer goes into the project knowing they may not win. Either way, Conifer is not seeking any local tax abatements though the Genesee County Economic Development Center.

The complex would include a clubhouse, which would contain the manager's office, community kitchen, fitness center and laundry.

Each unit would have its own storage unit.

"You won't see storage on patios like you do in some places," Caruso said.

Caruso said Conifer uses quality construction material and the design offers a variety of features and colors to add variety and avoid a cookie-cutter appearance.

The final plan will include a bus loop for school buses and possibly local mass transit.

There will be a total of 53 percent green space surrounding the apartments.

"We usually don't skimp on landscaping," Caruso said. "Landscaping really shows the project well when the project is constructed."

One local landlord who attended the meeting said afterward he supports the project.

"Batavia needs this," he said. "I get people in my office every day looking for something like this and it just doesn't exist."

The residents who live near the proposed development area were less pleased with the project.

The main objection from the six or so opponents was the increased potential for flooding and a belief that Route 5 already has too much traffic on it.

Larry Regal, who lives on the south side of West Main, next to the Tonawanda Creek, said there is a small drainage area that connects to the creek and when the water rises on the Tonawanda, the north side where the project is located floods.

He wonders where that water will go if the development is built and whether that will make his property more susceptible to flooding.

Other speakers shared that concern.

They also complained that it can be hard now to pull out onto Route 5 safely with the current traffic volume.

Caruso had said during his presentation that traffic studies show the two-lane road has a lot of available capacity for traffic.

The town has recently installed new sewer lines along Route 5 with the idea of attracting development to the area.

The area is zoned commercial and a variance would be required for apartments, but Caruso said apartments with no more than 80 cars per hour at peak times would generate less Route 5 traffic than just about any possible commercial development in the same location.

James Timon Saddler III, 33, no permanent address, is charged with criminal impersonation, 2nd, forgery, 2nd, offering false instrument, 1st, aggravated unlicensed operation, 3rd, and consumption of alcohol in a motor vehicle. Saddler was reportedly stopped at 10:30 p.m. May 31 on Ellicott Street, Batavia, by Officer Jason Ivison. Saddler allegedly provided a name and date of birth other than his own and signed a consent to search form under the false name. Upon further investigation of the stop and a review of camera footage of the stop, Ivison determined that Saddler was the person stopped who allegedly provided a false identity. Saddler is currently an inmate in the Genesee County Jail being held on unrelated charges.

Jerry Tyrone Saddler, 38, of Maple Street, Batavia, is charged with harassment ,2nd. Saddler is accused of hitting a woman several times during an argument, causing minor injuries.

Samuel Forrest Brown, 26, of River Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlamps. Brown was stopped at 11:51 p.m. Friday on Route 5, Stafford, by Deputy Chris Parker.

Douglas Scott Sprague, 47, of Hutchins Place, Batavia, is charged with criminal contempt,1st. Sprague was arrested on a warrant for allegedly violating an order of protection on June 2.

Michael Lee Milroy, 48, of McLernon Road, Bethany, is charged with assault, 3rd. Milroy was allegedly the driver of a vehicle at 7:45 p.m. Thursday that drove away from a residence while another person was leaning in the open passenger side door of the vehicle. Milroy is accused of striking that person with the door frame and rear tire, causing an injury to that person.

There won't be Dunkin' Donut coffee addicts zipping into a new shop on West Main Street, Batavia, any time soon, it seems.

The City's planning board rejected a site plan for the propose fast food restaurant outright following a public hearing Tuesday.

Paul Viele, the board member who made the motion to reject the proposal, cited concerns over traffic and complaints from residents on Redfield Parkway and River Street.

The proposed location was a lot squeezed in between First Niagara Bank and Barrett's Batavia Marine.

Jett Mehta, president of the Pittsford-based development company looking to build a second Dunkin' Donuts in Batavia, said his company had looked at several properties on both the west side and the east side of the city before settling on a location they felt had sufficient traffic to support the franchise.

Donut stores and drive-thru coffee shops  need high-traffic locations, Mehta explained.

"We don't generate traffic just because somebody decides they want to drive across town to get a cup of coffee," Mehta said. "They might, but we generally don't generate traffic. We capture traffic."

Kip Finley, an engineer on the project, said getting coffee and donuts is more a matter of "impulse purchases from people who are already right there."

Board members and public speakers expressed some skepticism about the "captured traffic" motif. 

"Tim Hortons is not captured traffic," John Roach said. "People go there to get a cup of coffee, so I can see a lot more than five or six cars getting in line."

Mehta and his team brought their proposal to the city a couple of weeks ago and planners asked that the alignment of the store be changed so as many 20 cars in queue.

The developers did, even though they are vehement that there will never be 20 cars in queue.  

"Our company operates 19 Dunkin Donuts with drive thrus," Mehta said. "We've never seen 20 cars in queue. Twenty cars in a drive-thru queue just never happens. It's not how the business is run."

When board members expressed concerns about the reconfigured site dumping traffic on River Street, Finley said that was a result of trying to accommodate the request to have space for 20 cars backed up in line.

"We're pretty flexible on those things," Finley said. "We now have two plans and both work pretty well."

Neighboring business owner Mike Barrett called the project "ill conceived."

He said there was a 400 gallon propane tank at the back of the property, an auto parts store in the neighboring shopping mall that certainly stores a lot of chemicals. He wondered if the Fire Department had signed off on the project with access to those buildings being restricted.

He also said the DEC required access to the Tonawanda Creek from that location for grass cutting operations.

Code Enforcement Officer Doug Randall said City Fire had been consulted and Chief Jim Maxwell had signed off on the plans.

Redfield Parkway resident Jim Owen said he loves Dunkin' Donuts and doesn't made a section location in Batavia, just not that location.

"We're really getting overwhelmed with the traffic," Owen said. "If you try to get out on certain dates and certain hours, it's just brutal."

After the meeting, Mehta said he and his team will need to convene and decide with to continue pursuing a second Dunkin Donuts location in Batavia. 

Mike Mikolajczyk, owner of the current franchise and prospective owner of the second franchise, said during the meeting that the number one request he gets from current customers is a drive-thru location.

Asked about possible locations on the east side of the city, Mikolajczyk said it doesn't appear yet that East Main has the traffic volume to support a Dunkin' Donuts.

Photo: Steve Pum and Kip Finley.

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Use a gun, go to prison.

Judge Robert C. Noonan applied that principle to 23-year-old Akeem Simmons today, handing down a 20-year prison term to the thrice convicted burglar.

"I can't think of any reason why you would bring a gun into a home invasion burglary other than kill somebody if you were caught," Noonan said. "I just can't think of any other reason."

Simmons was convicted Aug. 15 following a jury trial of first-degree burglary, criminal use of a firearm 1st, and conspiracy, 4th.

Noonan dismissed the firearm charge today because the burglary, 1st, conviction covers the use of a weapon in the crime, but Noonan still made it clear it was an important element of the crime.

Simmons and 18-year-old Nathaniel Davis were arrested Jan. 14 shortly after Batavia PD received a report of a burglary in progress at 28 Park Ave.

Davis was found with the handgun, but testimony at trial, Noonan noted, established that it was Simmons who brought the gun to the burglary and influenced Davis into joining him in break-in.

"It's very clear to me you were the moving force of a home-invasion burglary," Noonan said.

Simmons made no statement in court today.

As an adult, he has a prior burglary conviction in Monroe County, which counted as a predicate violent felony for the purpose of today's sentencing. He also has a prior burglary conviction that was given youthful offender status.

Before Noonan pronounced sentence, defense attorney Thomas Burns made a motion for a delay in sentencing because he suspects an undisclosed deal between the District Attorney and Davis for the testimony Davis provided at trial.

"I think it would be completely unfair to my client that any kind of wink-wink agreement between the prosecution and his attorney would be done in such a fashion," Burns said.

Noonan asked if he had any evidence of an agreement and Burns said the point of holding a hearing on his motion prior to sentencing would be aimed at uncovering any evidence.

The fact that Davis entered a guilty plea after the trial to a lesser burglary charge, Burns said, and after Noonan's plea cut off date, certainly suggests a backroom deal.

"I don't know how this is meted out without having princple players describe under oath what took place," Burns said. "I don't think that's unreasonable."

Noonan said his plea cutoff dates are not anything in statute, but used exclusively to help the court manage its calendar, and given the fact that Davis "implicated himself 100 percent" during the Simmons trial, it warranted giving him another shot at a plea deal.

Without evidence of a rights violation, Noonan wouldn't delay sentencing today and said Burns is always free to make a motion later if he uncovers any evidence of an undisclosed, inappropriate deal for the testimony of Davis.

Joseph Allen Hogan, 46, of Bank Street, Batavia, is charged with four counts of petit larceny and five counts of falsifying business records. Hogan is accused of altering weight slips at Ed Arnold Scrap in order to receive overpayment on scrap. Hogan was jailed without bail.

Christopher M. Colantonio, 35, of South Swan Street, Batavia, is charged with petit larceny and forgery, 2nd. Colantonio was arrested on a warrant for allegedly stealing checks from a woman he knew, forging them and cashing them at a local bank. Colantonio was jailed on $2,500 bail.

Thomas E. Hensel, 31, of East Main Street, Batavia, is charged with possession of burglar tools. Hensel was allegedly found in possession of a full set of lock picks at a location on Pearl Street at 10:25 p.m. Saturday.

Anya R. Rambuski, 44, of Birchwood Drive, Batavia, is charged with driving while ability impaired. Rambuski was stopped at 11:58 p.m. Saturday on West Main Street, Batavia, by Officer Marc Lawrence.

Linda L. Fagan, 65, of Ross Street, Batavia, is charged with petit larceny. Fagan allegedly got rid of several instruments and other property owned by her brother.

Robert J. Propst, 34, of Maple Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Propst was allegedly involved in a domestic incident in which he grabbed the shirt of the victim, threw her phone and was yelling at her in the presence of children. Propst was jailed on $2,000 bail.

A 16-year-old resident of East Avenue, Batavia, is charged with harassment, 2nd, and criminal contempt, 2nd. The youth allegedly threatened another person, violating an order of protection.

Paul M. Gelardo, 29, of Fargo Road, Stafford, is charged with petit larceny. Gelardo allegedly stole a bicycle from T.F. Brown's.

A pair 17-year-olds from Buffalo are charged with petit larceny. The two youths are accused of stealing money from their employer at the time, Darien Lake Theme Park.

Jeffrey John Farrell, 27, of West Avenue, Medina, is charged with petit larceny. Farrell allegedly stole $433.74 in merchandise from Walmart.

Kimberly Ann Pietrzykowski, 26, of Old Telephone Road, Bethany, is charged with petit larceny. Pietrzykowski is accused of stealing $204.90 in groceries from Walmart. The shopping cart of groceries was recovered in the parking lot of Home Depot.

Bradley J. Barnard, 19, of Byron, is charged with petit larceny. Barnard is accused of taking a carbonated beverage and placing it in his backpack while in the cafeteria at GCC. Surveillance video was used to confirm the alleged theft.

Kyle B. Sovocool, 21, of Le Roy, is charged with promoting sexual performance of a child less than 17 years old, possession of sexual performance by a child and criminal possession of a weapon, 4th. Sovocool was arrested as the result of a State Police investigation stemming from a Jan. 22 complaint. Sovocool was jailed on an unspecified bail. No further details released.

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Wednesday, Sept. 17, Thursday, Sept. 18, and Friday, Sept. 19, from approximately 9 a.m. to 3 p.m. each day, in the general area south of East Main Street and east Jackson Street. Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored.