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Legislators approve flood insurance for HLOM after discussion about whether it's necessary

By Howard B. Owens

If a flood came along big enough to wash away the Holland Land Office Museum, the county would have bigger problems than worrying about the loss of an historic structure.

The building is irreplaceable, which had Ray Cianfrini, chairman of the County Legislature, wondering during Wednesday's Ways and Means Committee meeting, whether the county should spend $8,457 a year on flood insurance (The policy also covers county offices at 15 Main St.).

"If you lose the building, you're not going to replace it," Cianfrini said. "It's a loss, but we don't own anything inside. Are we spending good money to go after something we don't need?"

County Attorney Chuck Zambito said it's entirely a policy decision for the Legislature to make, but flood insurance covers more than just a total wipeout of the building (The current structure isn't even the original land office building, which was destroyed by fire in the 19th Century).

A flood could do a lot of damage to the building without washing away the main structure.

"What's more likely to happen is you're going to have significant damage and you'll need to repair it rather than tear down the building," Zambito said.

Committee Chairman Bob Bausch agreed.

"One issue we should be aware of is that in my lifetime that building has flooded at least twice," Bausch said.

The policy through Wright National Flood Insurance in St. Petersburg, Fla., has a $10,000 deductible on the land office on a $1,000 deductible on the office at 15 Main.

The buildings are covered under a separate policy for casualty and liability and damage other than flood.

Another reason for the insurance policy, Zambito said, is that for the county to file a claim with FEMA in the event of a disaster, if a building is within a flood zone and it didn't have flood insurance, FEMA could deny the building owner any assistance.

At the end of the discussion, the committee unanimously approved a resolution recommending the Legislature authorize purchase of the insurance.

With new law, county will be able to consider 'best value' instead of just 'lowest price' in bids

By Howard B. Owens

The lowest price isn't always the best deal, but awarding public works contracts to the lowest bidder has been the law for Genesee County for some time.

The Legislature is considering a change in local law that would allow the county to consider such things as differences in warranty, materials used and quality of workmanship.

"Sometimes the better value is not just the lowest cost," County Attorney Chuck Zambito said during a meeting of the Ways and Means Committee on Wednesday. "But there is a process to go through to approve a bid. You can't just do it."

Among the requirements, the request for proposal must specify the criteria for awarding a bid, the contractor must specify value-added aspects of the bid and department heads and purchasing agents must review and make recommendations to the Legislature based on these specifications.

A public hearing on the proposed change to local law is set for 5:30 p.m., Sept. 10.

Two things that don't change under the proposed change -- giving preference to local vendors (barred by state law) and the county can still eliminate from considerations vendors that don't measure up to "responsible" (business reputation matters).

New York is one of the last states to change the law to allow local governments to change its own rules governing contracts and accept "best value" bids.

The specific criteria that could be considered for "best value" bids are:

  • Lowest cost of maintenance for goods or services;
  • Durability of goods or services;
  • Higher quality of goods or services;
  • Longer product life of goods or services.

"As long s you protect the interest of the taxpayer then you're going to be OK (awarding bids on these criteria)," Zambito said.

Owner looking for missing pomeranian, Vixie

By Howard B. Owens

Vixie is missing and owner Alli Crawford is looking for her. She's a red pomeranian and was groomed recently. When she took off, she still had her leash attached. Alli has only had her about a week or so and she's very timid, Alli said. Vixie went missing in the area of Shepard Road about 2 p.m. yesterday. Alli can be contacted at (940) 368-3899.

UPDATE Thursday, Aug. 7, 6:13 p.m.: Vixie has been found and reunited with her family!

Company plans e-commerce warehouse expansion in Batavia

By Howard B. Owens

Press release:

Koolatron Corporation is increasing its footprint in Batavia with a major expansion this fall. The consumer goods manufacturer is nearly doubling its warehouse and shipping capacity in Genesee County with a planned expansion of its facilities from 25,000 square feet to 45,000 square feet.

Koolatron is a leading manufacturer and distributor of 12 volt coolers and accessories, wine cellars, Pants Saver brand car mats, Michelin auto care products, Coca-Cola personal fridges, Biteshield mosquito and pest repellant lines, along with rain barrels and garden décor products.

The decision to expand in Batavia, NY, is fueled by major growth in the company’s e-commerce business. In addition to its growing list of traditional retail customers, major e-retailers such as Amazon, Overstock, Costco, Home Depot, Walmart, and Sam's Club all carry Koolatron products, along with dozens of other online sites.

“Our business keeps growing and we can barely keep up with the warehouse space we have right now,” says Koolatron President Arun Kulkarni. He adds that keeping pace with the boom in online shopping is priority for the company.

“We have seen a 30 percent compounded growth in our e-commerce business in the past five years and for us Batavia, New York is the perfect gateway in which to build up our U.S. shipping hub,” Kulkarni said.

The expansion of Koolatron’s property on 4330 Commerce Drive is under way with construction set to be completed by December 2014. Koolatron will also be looking to boost staffing as it fully rolls out its warehouse expansion plan by the end of this year. Hundreds of parcels of Koolatron products are shipped daily from the warehouse to homes across the United States. The expansion will help ensure rapid delivery and prompt service for Koolatron’s growing U.S. customer base.

Previously: GCEDC board approves Koolatron and Premiere Credit projects

Police search Walnut Street area, locate warrant suspect

By Howard B. Owens

UPDATED 9:25 a.m., Thursday.

It took more than an hour, but police did nab a warrant suspect late this afternoon after a police officer spotted him on Walnut Street, Batavia.

The suspect was listed as a missing person and also had a county arrest warrant. The charges are not listed in in the Batavia PD press release. The Batavian is not publishing the suspect's name at this time.

The youth is a resident of Walnut Street.

Officer Chad Richards spotted the youth walking on Walnut and when he turned around, the suspect fled. Backup units were called from Batavia PD and the Sheriff's Office, including Deputy Chris Erion with K-9 Destro.

Officers cordoned off the area and conducted a search. After the search area was expanded, the suspect was spotted on Franklin Avenue and taken into custody.

Assisting in the search were Sgt. Dan Coffey, Det. Thad Mart, Det. Eric Hill, Officer James Defreze, Officer Jason Ivison, Officer Wojtaszczyk along with Det. Paul Caffo and Investigator Greg Walker. 

The youth was taken into custody on Franklin by Mart and Defreze.

Law and Order: Charge upgraded against Oakfield resident in tree cutting incident

By Howard B. Owens

James Herbert Manes, 77, of Sunset Parkway, Oakfield, is charged with criminal mischief, 4th. Manes allegedly stood on a shed in his yard and used a saw to cut branches from a tree in his neighbor's yard. Manes was previously charged with trespass in the incident. He was arraigned in Town of Oakfield Court on Monday night on the upgraded charge.

Alfredo Jalowayski, 52, of Saint Paul Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding (43 in a 30 mph zone) and no or inadequate exhaust. Jalowayski was stopped at 6:25 p.m. Tuesday on Main Street, Village of Oakfield, by Deputy Patrick Reeves. 

Gregory John Richenberg, 56, of South Holley Road, Holley, and Jeremy John Richenberg, 34, of Fancher Road, Albion, are charged with trespass. The two men were allegedly on property in Byron owned by a family member after being advised by the propery owner to stay off the property.

Mercy Flight called for an accident on the Thruway involving a motorcycle

By Howard B. Owens

Mercy Flight is being dispatched to a landing zone the Indian Falls Methodist Church on Route 77, Pembroke, for accident on the Thruway.

The accident involves a motorcycle, though the driver was last reported as conscious. 

Indian Falls Fire and Pembroke Fire dispatched to the accident scene, along with Mercy EMS. Corfu Fire requested to the landing zone.

UPDATE 12:03 p.m.: Mercy Flight has landed.

UPDATE 12:30 p.m.: Mercy Flight is airborne, "possibly to ECMC." The assignment is back in service.

UPDATE: Photo and update info by Alecia Kaus / Video News Service. Chief Ed Mileham said the rider was headed east on the Thruway with a group of other riders when the accident occurred. He landed in the median. Mileham said his helmet saved his life. There was a big softball-sized dent in it. He was transported to ECMC with apparent serious injuries.

Summit Street to be closed Thursday for repaving

By Howard B. Owens

Press release:

On Thursday Aug. 7, the City of Batavia Infrastructure Improvement Project will finish paving on Summit Street, weather permitting. This phase of the project includes paving the roadway; the work zone will be from East Main Street (RTS 5 / 33) to North Street.

Given the scope of this work Summit Street will be closed to all thru traffic on Thursday from 7 a.m. until 5 p.m. Local traffic will be allowed to access their residences throughout the duration of this phase, however thru traffic will be detoured by use of Ross Street and Bank Street. No parking will be permitted on Summit Street during this time.

Weather permitting, it is anticipated that this phase of the project will be completed in one day. The City of Batavia and Keeler Construction Co., Inc., appreciates your patience and cooperation during the construction and asks motorists and pedestrians to abide by this closure and use the posted detour whenever possible.

The point of contact is the Department of Public Works at 345-6325.

Ongoing road salt shortage means bigger expense for county

By Howard B. Owens

Salt supplies are down after our long, cold winter, so prices are going up, County Highway Superintendent Tim Hens told county legislators Tuesday.

American Rock Salt in Mt. Morris is increasing its prices by 8 percent, so the county will be spending $2.96 per ton in 2014-15.

"It's nothing we can't manage," Hens told the Public Service Committee.

One way the highway department is handling the increased expenditure on salt is cutting back on road work this summer.

Hens said the county went from a surplus of salt at the start of the 2013-14 winter (after two consecutive mild winters) to currently storing only about 1/5 the total amount of salt the county will likely need this winter.

That means the county will need to spend $25,000 to $30,000 before the start of winter just to get even.

That's after going over budget by about $25,000 in salt last winter, when cold weather carried into spring.

Hens has to shift spending priorities to keep up with the salt demand, he said.

A few years ago, Hens said he regularly budgeted $115,000 for salt, but last year, when the county had built surpluses, the budget was only about $50,000. In the coming year, he will budget again for at least $115,000.

Legislator Bob Bausch said he's heard from private contractors that they are being put on an allotment system by American Rock Salt for salt as the company makes salt deliveries to municipalities a priority. Hens said he's heard the same thing.

Daphne's Restaurant on South Swan closes

By Howard B. Owens

Daphne's Restaurant & Lounge, at 341 S. Swan St., Batavia, has closed.

The restaurant opened in September 2010 at the former location of St. Nick's Social Club.

If you're a maker, the Harvester Center may soon have a place for you

By Howard B. Owens

Are you a maker? Perhaps you are, and don't even know it.

There's makers all over the country these days -- people who are inventive and like creating new and innovative things.

It's a whole culture.

And it's coming to Batavia, where business innovation has strong roots -- the Harvester Center.

Tom Mancuso and some of his friends have been talking for a year about creating a maker community locally. Last week, they put their plan into action, hosting a 3-D printing demonstration with local design and manufacturing expert James Dillon.

3-D printing is one of the widely used tools for creating in the maker community. The printer works much like any printer, except it doesn't use ink or paper. It uses plastics and other material to layer material into a computer generated form. It might be a cup, a model airplane or a part for a car, or just about anything the maker can imagine.

Makers also work with electronics, robotics, metalworking, woodworking, and traditional arts and crafts.

Mancuso said the plan is to create a space in the Harvester Center -- if there's enough interest in the community -- where makers can come and create and innovate together.

The space will be open (possibly with a fee like a health club) to artists, hobbyists, trainees and budding entrepreneurs. 

Makers will have available a variety of tools, from welding equipment, vacuum forms, laser cutters and, of course, a 3-D printer. There will be big spaces, which the hobbyist doesn't necessarily have at home.

"Maybe you work at home, but you want to do a bigger project," Mancuso said. "Where do you go to do that? You're limited by your equipment, by your workspace. We're trying to help those start-up hobby guys maybe go to the next level."

A gear created by the 3-D printer.

James Dillon with one of his first 3-D printing projects, a model jet.

3-D printer on the right.

The show will go on this weekend at Frost Ridge

By Howard B. Owens

The owners of Frost Ridge Campground have been told Judge Robert C. Noonan has lifted his court order barring live, amplified music at the campground, at least for this weekend.

The band Blackberry Smoke headlines Sunday Saturday.

At a hearing last week, David Roach, attorney for Frost Ridge, told Noonan that if the order wasn't lifted in time for this weekend's show, Frost Ridge was facing insolvency. 

David Luetticke-Archbell, co-owner of Frost Ridge, called The Batavian a short time ago to share the news. We're still awaiting a copy of the order.

Frost Ridge will still be barred by the original court order from selling alcohol, but that doesn't mean patrons can't bring their own beverages.

The temporary suspension of the temporary order baring amplified music at Frost Ridge comes as court proceedings in a pair of civil suits against the campground have bogged down.

Two neighboring residents, the Cleere and Collins families, along with the Town of Le Roy, are suing David and Greg Luetticke-Archbell alleging that the campground as a whole and live music and alcohol sales in particular, are not permitted under current zoning.

David and Greg contend that those uses are grandfathered in by the property's prior zoning and they have two Zoning Board of Appeals rulings that support such a claim.

The Cleere and Collins' suits challenge the ZBA's 2013 determination, and here's where the case has bogged down: If it's proven that the ZBA's 2013 determination was filed with the town clerk more than 30 days before Cleere and Collins filed their suit, it could mean their complaint could be thrown out of court. Attorneys and the court have been unable so far to hold a hearing on that point

Since the hearing can't be scheduled now until the end of the month, Roach sought for his clients, permission from the court for the concert this weekend.

Baby Cafe offers place for support and encouragement for breastfeeding mothers

By Howard B. Owens

The Baby Cafe is a place of encouragement and support for breastfeeding mothers. UMMC opened the room at Cary Hall recently and held an open house yesterday.

Expectant mothers, breastfeeding mothers and mothers experienced with breast feeding are invited to the room every Tuesday from 11 a.m. to 1 p.m.

The Baby Cafe is supported by a national, nonprofit organization dedicated to helping mothers who are breastfeeding.

Cary Hall is located at 211 E. Main St., Batavia.

Attorney for DaShawn Butler moves to have felony charges dismissed

By Howard B. Owens
Dashawn Butler

The attorney for DaShawn Butler -- the Batavia resident accused of firing gunshots at a person on State Street last September -- has filed a motion to have the charges against Butler dismissed because, he said, his client's rights have been violated.

Attorney Thomas Burns argued in court this morning that information about two witnesses wasn't available to him before a grand jury hearing on the case, and that the lack of information under those circumstances is so egregious that the case should be dimissed "in the interest of justice."

District Attorney Lawrence Friedman countered that the information was available in the City Court case file and that even if the witness had been made available to testify, their testimony would not have helped Butler's defense.

Burns also requested a hearing on the timeliness of Butler's arrest in December. Burns contends that the police had ample opportunity to locate and arrest Butler after he was named as a suspect in the shooting because Butler never left town.

The lack of due diligence, Burns told Judge Robert C. Noonan, means there was a violation of his client's right to a speedy trial.

Noonan scheduled the hearing for 3 p.m., Aug. 27. He is reserving his decision on dismissal motions by Burns.

According to Burns, there are three witnesses he didn't know about before the grand jury presentation. Two, he said, initially said the shooter the night of Sept. 27 was white and a third said the alleged victim was the shooter.

Burns said there was only an incomplete report in the City Court file prior to the hearing, which is why didn't know about these witnesses.

He questioned why the police waited weeks to interview the witnesses.

Friedman called the initial statements attributed to the witnesses "double hearsay." He said the investigators were simply doing what good cops do, an investigation when they went out to find the witnesses and try to find out what they actually saw.

Once they were actually interviewed -- rather than the police just getting information from intermediaries -- they described the shooter as black and the other did not name the victim as the shooter.

He said the information was in the City Court file prior to the grand jury hearing.

In June, Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

He is out of jail on $25,000 bail.

Photos: Fire hydrant painting downtown

By Howard B. Owens

Local artist Brandi Bruggman has been comissioned by Vibrant Batavia to paint two of the fire hydrants downtown. Here she paints the one at Main and Bank, in front of Seymour Place (GO ART!). She said this hydrant will have a colorful paisley design on it. Her other hydrant will be painted like a lighthouse.  

Below, a hydrant on Center Street completed by another artist.

UPDATE: Amanda Earl submitted these photos of Brandi's hydrants from later in the day.

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