batavia

This week workers have been repairing the corner of the facade of the building at Main and Jackson streets. The century-old facade of the former Bank of Genesee had expanded away from the brick and masons restored it to its former look. The building is owned by Ken Mistler.

City police are being sent to the parking lot of the old market on the corner of Ellicott and Jackson to talk to a person in a beige car about an animal complaint. The person wants to report seeing a black and white "terrier-style" dog walking on the roof.

The site has been for the birds for quite some time. Has it now gone to the dogs, too?

The United Way Backpack Program received a donation today from the Batavia Bulldawgs Youth Football Program today. The Bulldawgs played Le Roy in a special fundraiser game this past weekend and collected nonperishable food donations and cash donations for the program. It provides a backpack filled with food to underprivileged children each Friday. The backpack is designed to provide meals and snacks for the family over the weekend. Pictured are John Reigle, left, Matt Dellapenna, Lori Stupp, Paul Grazioplene and Ken Proefrock. Stupp is the United Way's backpack volunteer coordinator.

A two-car accident has been reported on West Main Street Road in the area of WNY Fireplace Outlet.

Minor injuries are reported.

One person is out of her car and walking around.

The accident is blocking West Main Street Road.

Town of Batavia Fire Department and Mercy EMS responding.

We've asked each of the candidates in the city council and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

Below is the response from Katie Balbick Bellamy, candidate for Ward 3, Batavia City Council:

Q. What is the primary reason you should get our vote?

I was born and raised in Batavia and have lived here for most of my life. I believe in this city and want to help to proactively solve problems, create new business opportunities and good-paying jobs and overall make Batavia a safe and excellent place to live and raise a family.

I am concerned, willing to work, positive, open-minded and a team player who works together toward a common goal. My education and college degree is in the business area where I have worked since graduation and I know my background will help me on council.

Most of all, I love Batavia and the surrounding area and have a stake in this community. My family and I chose Batavia as the place where we wanted to live. That choice alone is the best reason to demonstrate my resolve and commitment to fulfill the promises I have made to this community if I am elected to serve on city council.

Q. What is the key issue you wish to tackle during your term in office, and how will you go about it?

My top priority for 2012 would be to ensure Batavia remains a great community and place to live. I would fight to keep taxes low and work hard for sidewalks on all city streets, fixing of deteriorated potholes, alcohol and tobacco free parks, promote business opportunities, create good-paying jobs and make sure there are opportunities and incentives for our young people to stay in this community.

I would like to ask you to support me in the upcoming election on November 8th. As a mother with a young family, I believe in our city and want to help make Batavia a better place to live. I would like to make sure the dollars we pay in taxes are spent in a worthwhile and careful manner by city council. I want to live in a safe city and encourage job development. I want to be a part of the process of exploring how the city and town can share resources and consolidate areas where possible to the benefit of both.

If I am elected, I will do my utmost to serve the residents of the 3rd Ward as your city council representative.

We've asked each of the candidates in the city council and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

Here's the response from John Deleo, candidate for county legislature, District 7.

I am running for District 7 Genesee County Legislator because I want to give back to the community.  I was born and raised in both the 1st and 6th wards, and have lived here my whole life. I love this city and Genesee County. I worked with my father in the family business, Deleo's, a tavern that was located first on Ellicott Street, then moved to Main Street. When the business closed because of family illness, I began working for the NYS Department of Correctional Services. I just retired this year. My children still live in the area and I want them to stay, yet I see how hard it is to do that with the economy.

I was an employee assistance program coordinator, working with people and helping them find the resources to address their personal problems. I really enjoy interacting with people and helping them.

Having served on the last City Charter Commission, I worked to streamline our city government and make it more efficient. I currently serve on the Batavia City Planning Board, helping both people and businesses.

I don't owe anybody anything except the voters.

I believe that you don't lay people off as proposed by the county and not share the pain. That's why I will fight for a 10-percent cut in the pay legislators receive and end other perks. Again, you have to take cuts yourself if you lay off dedicated county staff.

Genesee County is a wonderful place to live, but it is facing hard financial times. The economic recession, a limited tax base, a state tax cap and increasing state mandates have put a squeeze on our budget. As a result, Genesee County might lay off more than 20 people. I want to make sure that if there are layoffs, public safety is not endangered.

I want to end the practice of giving kids our tax money that they use to "learn how to budget" by shopping in Monroe County. That is outrageous.

I will fight to see the NYS auditors recommendations on reforming the Genesee County Economic Development Committee (GCEDC) put in place. No more bonuses and perks. I want all job creation claims verified and want the public to know if the jobs are really new or just relocated around the area.

I feel the proposed Genesee County tax on our cars is wrong. Working families cannot afford another new tax and I will fight it.

I will work hard and do my best for you, if through the grace of God and voters, I am fortunate enough to be allowed to serve you in the legislature. Thank you for taking the time to read this.

Dan Herberger is trained to save lives. It's what he's paid to do.

Recently, though, the unassuming nine-year-veteran of the Batavia Fire Department saved a life while on vacation.

Returning with his family from Disney World, Herberger was in the Orlando airport with his parents, wife and children.  

Part of the group wanted hamburgers and fries for dinner, and the rest wanted something a little more substantial.

While Herberger waited in a line with his dad, he noticed a woman by a kiosk collapse.

"The lady just collapsed," Herberger said. "It wasn't a weak-kneed faint. She just went down."

Herberger was among several people who rushed to her side. As he looked at her, he could tell she wasn't breathing. He asked somebody to call 9-1-1 and asked others to try and find a defibrillator.

When he check the woman's artery for a pulse, there was none.

Herberger began CPR.

Right then, a registered nurse emerged from the crowd to assist him.

A short time later the defibrillator arrived. The nurse applied one paddle, Herberger the other. They waited for the machine to give the signal for a shock, and applied it. Then Herberger started chest compressions again. After a minute, he checked for a pulse again, and the defibrillator indicated the woman had regained a strong, steady pulse.

Herberger filled in emergency dispatchers on what he and the nurse did. He said when he was a paramedic for the city, he liked having information about a situation before arriving on scene, so he passed along what he knew.

Within minutes local firefighters were on scene and took control of the situation.

Herberger went back to the business of getting his meal before boarding his flight. He said as he was boarding, the firefighters were still on scene with the woman tending to her. She was on a stretcher with her head slightly elevated, which tells him she was probably doing OK at that point.

He hasn't checked on her condition, he said, because that feels too much like he's trying to take credit.

The local attention isn't something he's sought out, but said, "I made the mistake of telling one of my buddies on an off day."

That led to Chief Jim Maxwell finding out, who wanted to ensure Herberger got some recognition for his swift work to revive the woman.

"It's something anybody else would have done if they had been there," Herberger said. "If I hadn't have been there, somebody else would have done it. That nurse was only 30 seconds behind me. She would have done it."

Becky Smith, of Bergen, is the lucky winner of an iPad following a drawing at Main St. Pizza Company. Owner Vic Marchese gave away the iPad as part of a promotion honoring National Pizza Month in October. Customers were able to fill out registration forms at the restaurant and Smith's slip was selected in a random drawing.

A barn fire is reported at 9262 Dorman Road in the Town of Batavia. It was possibly ignited when a motorhome caught fire. Town of Batavia Fire Department is responding along with a tanker from Alexander.

UPDATE 2:32 p.m.: The chief reports the fire is under control.

UPDATE 3:21 p.m.: All units back in service.

Annette Joy Waleski, 45, of South Pearl Street Road, Oakfield, is charged with petit larceny, possession of burglar tools and criminal mischief, 4th. Waleski is accused of trying to stealing $399.77 worth of merchandise from Kmart. Waleski allegedly used a cutting tool in the process of the attempted thefts.

Lindsay Ann Skivington, 24, of Cook Road, Byron, is charged with endangering the welfare of a child. Skivington is accused of allowing her infant child into contact with the infant's father, Michael Jamil, in violation of an order of protection. Skivington allegedly brought the child to Jamil's residence.

Philip R. Ayala, 25, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Ayala was allegedly observed by members of the Local Drug Task Force smoking marijuana while in a vehicle on Clinton Street Road, Bergen. Following a traffic stop, Ayala was allegedly found in possession of marijuana. Uniformed deputies assisted in the arrest.

We've asked each of the candidates in the city council and county legislature races to answer a couple of questions regarding why they're running and what they hope to accomplish if elected. Election Day is Tuesday.

Here's the response from Kris Doeringer, 1st Ward, Batavia City Council:

The key issue for Batavia is to make our city a place where people will want to live and work. This means keeping our city safe and secure, provide the services that people want, and to bring jobs and services into the city. While this is a big task, you can only get there by taking one step at a time.

The first step we need to take is to control spending and keeping our taxes down. From speaking with people in the 1st Ward, people do not mind paying taxes as long as they are getting their money's worth for those taxes.

We need to keep those services that are essential to keep the city safe and secure. Because who wants to live somewhere that is not safe?

We need to make Batavia a place where people want to open businesses and provide jobs. Creating economic development is essential to getting our city to move forward. We have resources in place, now we must make sure that they are doing the job.

In order to achieve these goals, I will work to keep pressure on the people that are responsible for making it happen. I will bring suggestions not only from myself but from the people of Batavia. People I have spoken with have had great ideas that need to be brought before the city. I would like to continue hearing from everyone about any ideas they make have.

I own my own home, business, and I am raising my family here in Batavia. I have everything to gain for myself and my children by making Batavia a better place. By voting for me, I promise to work hard to fulfill my promises to you and to my family for making Batavia the best it can be.

A grease fire in the kitchen of an upper apartment is reported at 134 Liberty St. City of Batavia firefighters are responding.

UPDATE 6:20 p.m.: Responder on scene reports nothing showing. "No fire at this time."

A Canadian company is finally able to proceed with plans to build a mushroom farm at the Genesee Valley Agri-Business Park.

The company, known for the project as Genesee Valley Mushrooms, Inc., (GVM) was originally considered the first business to commit to the ag park back in 2008, but the deal stalled.

GVM will purchase 10 acres in the park and employ 100 people.

In the ag park, GVM will build a 70,000-square-foot growing facility. It's also planning a 37,000-square-foot facility for substrate, the material for growing mushrooms, off Wortendyke Road in Batavia. That substrate facility could use, among other material, the byproduct (manure) of Batavia Downs.

The company is expected to spend more $20 million on construction of the facilities.

Genesee County's Ways and Means Committee approved a grant application resolution to receive funding for the project from the state. The exact amount of the grant has not been determined.

The grant application needs to come from the county government.

Mark Masse, a VP with GCEDC, said the facility will be the first mushroom growing facility in the state. Grocery stores throughout New York will be able to market the mushrooms as locally grown.

With an unnamed business near closing on an 81-acre parcel, plus Marktec, the GVM project, and Alpina combined with Alpina's first-right-of-refusal on another 10 acres in the park, the 200-acre ag park is nearly half sold.

The park could fill up quickly, Masse said.

"We have more companies in the pipeline than available acreage at the park," Masse said.

WHAM-13's Sean Carroll is working on a follow-up to our stories on a possible giant food processing plant targeted for the Genesee Valley Agri-Business Park and had an opportunity to ask Lt. Gov. Robert Duffy about the plans today.

Here's the exchange:

Sean Carroll: "Genesee County Ag Park is one of a couple locations in this region being eyed-up by possibly a food processing company, 200 to 300 jobs, what do you know about it and what can you tell us about it?”

Duffy: “Well, I know one thing, on one of the worst weather days of the year I was out at a meeting in Genesee County on that location. I know the state is working very hard with Genesee County right now. I don't want to negotiate or talk about the details of that discussion right now but we're working very, very hard on that and hopefully it will come to fruition."

Carroll has spoken with state-level officials who confirmed the details of what we've been able to report so far.

Steven A. Mullen, 24, of 123 Liberty St., Batavia is charged with failure to report change of address within 10 days. Mullen is a Level 2 sex offender and required to report a change of residence. Mullen is accused of reporting in June 2011 that he was living on Law Street. An investigation revealed that Mullen was allegedly living on Liberty Street. The charge is a Class E felony.

Katelyn Christen Kubala, 22, of Meadow Lane, Attica, is charged with petit larceny. Kubala was arrested on a bench warrant out of City of Batavia Court. Kubala was jailed on $1,000 bail. Kubala was also arrested on a warrant related to a petit larceny charge out of Town of Batavia Court.

Brittany Megan Kuhn, 22, of Clipnock Road, Bethany, is charged with unlawful dealing with a child, 1st. Kuhn is accused of hosting an underage drinking party at 11:20 p.m., Monday.

Rosemary Renee Waters, 26, of Bank Street, Batavia, is charged with petit larceny. Waters is accused of shoplifting from the Wilson Farms store in Oakfield.

Joseph Stanley Shaffer, 47, of West Main Street, Batavia, is charged with DWAI - Drugs, unlicensed operator and moving from lane unsafely. Shaffer was charged following a property damage accident at 3:04 p.m., Tuesday, on Batavia-Oakfield Townline Road, Batavia. Shaffer's car reportedly sideswiped another vehicle.

Bradley Robert Jordan, 18, of Silver Road, Bethany, is charged with harassment, 2nd. Jordan is accused of pushing another person to the ground during a dispute.

Rafael Louis Munoz Ramos, 36, of South Pearl Street, Oakfield, is charged with harassment, 2nd. Munoz Ramos is accused of striking a coworker in the face.

Kelsey Lee Eksten, 20, Alexander Street, Rochester, is charged with unlawful possession of marijuana. Eksten was charged following a traffic stop on Monday by Deputy Brian Thompson.

Matthew John Mistretta, 22, of Alexander Street, Rochester, is charged with criminal possession of a weapon, 4th. Mistretta was allegedly found in possession of a cane sword during a traffic stop by Deputy Brian Thompson on Monday.

Minutes from Batavia City School Board of Education meeting for Nov. 1:

New Board Member
The board received five applications for the Board of Education seat which became available Nov. 1, 2011, due to the resignation of Andrew Pedro. After reviewing applications and meeting with each applicant, the board voted to have Phil Ricci serve the remainder of Mr. Pedro’s term, through June 30, 2012. Mr. Ricci was sworn in at the beginning of the meeting.

Mr. Ricci brings his experience as a branch manager with Bank of America as well as a demonstrated commitment to community involvement. He is president of the city of Batavia Youth Board, a long-standing member of the City of Batavia School District State Audit Committee, and served on the Batavia School District Board of Education from 2005-2007. He and his wife, Laura, have three children - one infant and two who attend Robert Morris Elementary.

Click on the headline to read more.

New Evaluation Procedure for Teachers and Principals
Robert Morris Principal Diane Bonarigo and Batavia High School Principal Christopher Dailey presented a pilot proposal in response to the new legislation regarding the observations/evaluations of teachers.

Superintendent of Schools Margaret Puzio had reported on this legislation to the board last fall, after attending a regional workshop on the topic. Some of the information covered at that time included:
•       Chapter 103 of the Laws of 2010 added a new section (3012-c) to the Education Law regarding annual professional performance reviews of all classroom teachers and building principals.
•       The new law applies first to all evaluations conducted by school districts on or after July 1, 2011, of teachers of “common branch subjects” (any or all of the subjects usually included in the daily program of an elementary school classroom) or English language arts or mathematics in grades four to eight, and principals employing such teachers.
•       By July 1, 2012, the process will be phased in for all classroom teachers and principals conducted by school districts or BOCES.
•       The new section of the law builds on current performance reviews, as opposed to replacing them.
•       The evaluations are intended to be a significant factor for employment decisions including but not limited to promotion, retention, tenure determination and termination.
•       Performance reviews will yield a single-composite effectiveness score (1-100) that incorporates multiple measures of effectiveness.
•       The measures used for scoring include student growth data on state assessments (initially 20 percent of the score, then 25 percent); locally selected measures of student achievement (initially 20 percent of the score, then drop down to 15 percent); and locally developed and negotiated criteria (for 60 percent of the score).

Focusing on the locally determined 60-percent portion of the scoring measures, Mr. Dailey and Mrs. Bonarigo have been working in conjunction with the Batavia Teachers Association to outline the measuring points and effective methods of evaluation.

The committee has utilized ideas from the work two educational experts: Kim Marshall’s ideas as expressed in her book, "Rethinking Teacher Supervision and Evaluation: How to Work Smart, Build Collaboration, and Close the Achievement Gap"; and Charlotte Danielson’s work, "Framework for Teaching, that outlines Four Domains of effectiveness."

The resulting model presented by Mr. Dailey and Mrs. Bonarigo consists of “mini-observations” with timely feedback using evaluation points taken from Danielson’s Four Domains. In other words, rather than having a lengthy, planned, formal observation of a teacher by the principal, mini-observations would be unannounced visits lasting 5-10 minutes and occurring approximately five times per year.

During a mini-observation, the principal would observe a teacher in action spontaneously, looking for level of competency (“highly effective” to “ineffective”) in three of the Four Domains of effective practice: Planning and Preparation, Classroom Environment, Instruction, and Professional Responsibilities. Then, within 48 hours, the principal would either provide written feedback, and/or have a conversation with the teacher to discuss that particular “snapshot” of teaching as well as invite the teacher to reflect.

Mr. Dailey and Mrs. Bonarigo highlighted several benefits to this proposal: it motivates teachers to constantly do their best; it motivates principals to regularly visit a greater number of classrooms; it is more authentic than a pre-planned observation appointment; it provides for quicker feedback that the teacher can begin using immediately; and it invites a higher level of reflection on the teacher’s part, making it more collaborative.

School Board Recognition Week
In honor of School Board Recognition Week, which runs this year from Oct. 31- Nov. 4, the Superintendent of Schools read the NYS Proclamation signed by Governor Andrew Cuomo, which highlighted that “members of school boards are dedicated to children, learning and community, and devote many hours of service to elementary and secondary public education as they continually strive for improvement, excellence and progress in education. ... ”

In addition to the Governor’s general description of all school boards, Mrs. Puzio noted that she appreciates, in paricular, the time, cooperation, intelligence, enthusiasm, and dedication of the Batavia City School District Board of Education members.

During this week, a presentation about our board members can be viewed on the district’s website as well as on each school’s television monitors. Current Board of Education members include Mr. Patrick Burk, Ms. Amy Barone, Mr. Wayne Guenther (vice president), Mr. Steven Mountain, Mrs. Gail Stevens (president), Mr. Gary Stich, Mr. Phil Ricci, and Miss Taylor Harkness (student ex-officio member).

The Batavia Teachers Association, represented at the meeting by Mark Warren, made a $250 donation to the Salvation Army in the Board of Education’s name, in honor of School Board Recognition Week. The Batavia Clerical Association also made a $50 donation in the board’s name to the United Way/Salvation Army/Batavia City School District Backpack Program, which provides weekend packs of nutritious snack items for needy students.

Statewide Coalition for Mandate Relief
Superintendent Puzio presented information about Let NY Work, a coalition of nearly a dozen organizations operating in New York State which have outlined a “Common Agenda for the Common Good.” In this agenda, six mandates are targeted with specific and detailed recommendations for reform. Those six items are:
1.      Make the pension system predictable and affordable;
2.      Redefine compulsory arbitration;
3.      Reduce the costs of construction on public/private projects;
4.      When contracts expire, freeze step increases;
5.      Establish minimum health insurance contributions level for     employees and retirees;
6.      No new mandates.

Mrs. Puzio noted that mandate relief would lessen some financial burdens on school districts, allowing that money to be more effectively spent on maintaining quality education.

The diverse members of the coalition are: Associated General Contractors/New York State; The Business Council of NYS; the NYS Council of School Superintendents; New York Farm Bureau; National Federation of Independent Business; New York State Conference of Mayors and Municipal Officials (NYCOM); New York State Association of Realtors; NYS School Boards Association; Unshackle Upstate; Westchester County Association; and the Lawsuit Reform Alliance of New York.

Overnight Fieldtrip and Fundraising Committee Report
Community committee member Cheryl Kowalik addressed the board, noting her appreciation for the committee being formed and that members have met and made some useful suggestions for the board to consider. She also stated, however, that some committee members were confused as to the guidelines the board used to determine that the hockey team should not be permitted to take an overnight trip for a tournament.

Board member Amy Barone reported on the committee’s progress, noting that they have met several times to review the current official board policies for field trips and fund raising, to review the concerns about both, as well as to brainstorm ideas for how to create new policies that are responsive to the concerns.

Committee discussions about fund raising included such topics as students carrying student identification, selling door-to-door, putting limitations on fundraisers, lessening stress for parents and students, creating a centralized calendar of fundraisers, voluntary vs. mandatory participation, methods of participation, and providing parents with a standardized form that would detail the necessary information for each fund raiser. The topic of overnight trips focused on the procedure for approval and the fund-raising process.

With the ensuing discussion by board members, it was determined that there are a myriad of issues surrounding these two topics and, as one issue gets addressed, others emerge. Mrs. Puzio suggested and board members agreed that all board members will submit their concerns about both topics to board President Gail Stevens who will compile the topics and forward them to Amy Barone for the next committee meeting.

School Boards Convention
Board Member Pat Burk, who is also a Resolutions Committee member for the NYS School Boards Association (NYSSBA), attended the New York State School Boards Association’s 92nd Annual Convention and Education Expo in late October, as did Superintendent Puzio and board members Gail Stevens and Amy Barone -- along with approximately 3,000 other school board members, superintendents, and educators from across the state. In addition to informative sessions, there was much opportunity for networking as well as visiting the tradeshow that highlights various programs and projects.

Mr. Burk also stated that the top priority arising out of the State Education Department is to seek a federal waiver for No Child Left Behind, citing unrealistic expectations, and that impressive data has been collected to support a waiver for NYS. (Compliance with No Child Left Behind is tied to receiving federal funds; non-compliance is penalized by withholding of some of those funds. The waiver application process was recently introduced in recognition of the need for more flexibility in how to effectively educate all students.)

Financial Summary Report for September 2011
Business Administrator Scott Rozanski reported on the September 2011 revenue and expenses for the district, reviewing them in comparison to the September 2010 figures.

Revenues were up by $245,800, or 6.9 percent, primarily in the Non-property Tax Items category (utility tax), the Miscellaneous category, and the State and Federal Aid category. The utility tax, which had been in decline for several years including the 2010-2011 school year, increased by a very encouraging $49,000, or more than 42 percent.

The $70,300 increase in Miscellaneous revenue reflected a reimbursement from 2010-2011 expenditures that were chargeable to 2010-2011 grants and, because of the timing of the processing of the transactions, are recorded as revenue for the 2011-2012 school year.

State and federal aid were up $150,800 from last year at this time, largely because last year’s aid had been adjusted down by .67 percent as a contingency plan to offset possible losses due to reconfigured FMAP (Federal Medical Assistance Percentages).

Recorded expenses were up by nearly $1.7 million or 40.50 percent due to the timing of transactions, as several bills that were paid last year in October, this year came due in September. For example, September 2011 had three payroll dates whereas last year, there were only two in the month. This was similarly true for the BOCES and health insurance payments, which came due in September this year, whereas in 2010, they were recorded during the month of October.

Jackson Elementary Tour
Jackson Elementary Principal Shawn Clark and Superintendent of Buildings and Grounds Jim Jacobs provided a tour of the Jackson facility. Some features of the tour included the separated parking and parent drop-offs from the bus loop that allows for safe and smooth transportation of students; the remodeled main entranceway which provides the main office staff with a clear view of who is approaching the front doors; the cafeteria and gym which were both part of recent renovations to the building; large classroom sizes; and multiple access doors to the playground.

Statement from City Manager Jason Molino:

The City fully understands the inconvenience and delays this project has caused the households and families affected by the construction, and we are very appreciative for your patience. I want to ensure the residents that the City is taking every step to make certain that the contractor completes the project this construction season, work is performed properly and in the best interests of the City's residents.

The contractor has advised the City that milling and paving North and Ross Streets are scheduled to take place this Thursday, Friday and Monday.  Please be reassured that the City is taking all possible action to vigorously protect the City’s interests.

Accordingly, should any resident have any concerns or complaints regarding the project, work performed, contractor or subcontractors on the job, please contact the City Manager’s Office at 345-6330 and we will address your issue as promptly as possible.

It is not the City’s policy to comment publicly on legal matters.

Town of Batavia officials are going to work as quickly as possible to get development plans reviewed and approved for a food processing facility on an 81-acre parcel at the Genesee Valley Agri-Business Park.

Sources tell The Batavian that a company is planning a large facility that could employee from 200 to 300 people. But when asked for confirmation on details Tuesday night, GCEDC CEO Steve Hyde said confidentiality agreements prevent him from discussing both the name of the company and the nature of the processing plant.

While Hyde cautioned that the deal is "not 100 percent," it's clear from the discussion of planning board and zoning board members Tuesday night that the company is serious about building its new plant in Batavia.

"This project is going to move very fast," said Gary Diegelman, chairman of the zoning board.

It must, Hyde said.

"They want to move very fast," Hyde said. "There is some extended time frame for negotiations, but they want to get moving in advance to take advantage of the good weather before it gets nasty."

The zoning board will meet Nov. 7 to discuss three requested variances to the zoning code.

The company is requesting permission to build a warehouse higher than the 40 feet allowed by the zoning code, Diegelman said. The initial request is to build a 45-foot-high warehouse, but the company anticipates eventually expanding to 120 feet high.

Diegelman suggested the board just consider approving the 120-foot high variance now to save the company the trouble of coming back later for a new variance.

Because of the Monroe County water towers on the other side of Route 5, and variance already granted for the O-AT-KA Milk Products plant, the variance shouldn't be a problem, Diegelman indicated.

The company also wants to provide parking based on three shifts of workers, rather than a number of parking spaces dictated by the total square feet of the facility.

And they want parking spaces that are 9' x 18' rather than the code of 10' x 20', but the variance request is not unusual in the town.

As for the planning board, it will hold a meeting to discuss any changes in the SEQR process. The ag park already has been through environmental review, but the 81-acre project could have additional or different environmental impacts that need to be considered.

On Nov. 14, the board will discuss a proposal to change parcel boundaries in the park to create the 81-acre project.

Hyde indicated that while the project isn't completely locked down, Genesee County is the frontrunner, well ahead of sites considered in Pennsylvania and even Livingston County.

"I think there’s a lot of excitement (about the project), not just in Genesee County, but across the region and the state. People recognize that the Finger Lakes and Western New York are primed for growth in food processing, a recession-proof industry, because people have to eat and our country continues to grow."

Photo: GCEDC's Mark Masse, VP of business development, shows site map plans for parcel changes to the agri-business park to members of the planning and zoning boards.

While on Harvester Avenue this morning, I took a short walk through the Batavia Cemetery, because it's always possible to find a picture in the Batavia Cemetery on a clear fall day.