Stories from

League bowlers in Batavia and Bergen racked up some high scores during the week of Oct. 3, led by Jenn Bardol Hamilton's record-setting effort in the G&W Vending Triples League at Rose Garden Bowl.

To see the numbers, click on the Pin Points link at the top of this page, or by clicking here.

Bowling center proprietors/managers can have their high scores on The Batavian by sending an email to mikepett2002@yahoo.com.

Watch for another Pin Points column by Mike Pettinella this Thursday.

Effective planning by management and staff -- reinforced by votes from City Council -- has enabled the City of Batavia to realize $7 million in infrastructure improvements in recent months, according to the person responsible for oversight of such major projects.

Outside construction firms and city workers have been extremely busy over the past year "and it's still going," said Matt Worth, Department of Public Works superintendent, (photo at right), during an interview at his City Centre first-floor office on Friday.

In all, residents from various parts of the municipality have witnessed (and have been inconvenienced by, to a certain extent) street reconstruction; water main, sewer system and sidewalk installations; and extensive paving as part of the city's long-term goal to update its infrastructure.

"A few years back, we put together a capital plan with a (viable) rate structure," Worth said. "But this only happens if City Council is supportive of it. And as far as sidewalk replacement goes, Council has been very supportive."

Promoted to DPW superintendent in July 2015, Worth is in his 30th year with the City of Batavia. He leads a department that has 50 employees, including 21 in the water/sewer bureau and 24 in maintenance. Four people run the inspection bureau and DPW has two administrative assistants.

On Friday, Worth provided summations of the current projects, the most extensive being the nearly finished reconstruction of Summit Street in the heart of the city and the ongoing alum sludge removal at the wastewater treatment plant on Industrial Boulevard, off Pearl Street.

SUMMIT STREET RECONSTRUCTION

A $2.5 million project that started about four months ago will see "substantial completion" by the end of this month, Worth said.

"All of the curb is in, the eastside sidewalk is complete and they're working on the westside sidewalk now," he said. "After that, the trees will go in."

Independent construction companies under the guidance of Rochester engineering firm of Erdman Anthony removed the old road, put in new storm, sewer and drainage systems, and paved the road. Federal and state funds covered all but about $100,000 of the price tag for this project, with the city picking up the rest.

At the same time, the city totally funded a $350,000 project to install new water main on Summit Street.

Worth credited his predecessor, Sally Kuzon, for her role in getting funding for the project, and noted that it was less expensive to include the water main component at the same time "rather than on its own."

"We could have broken it up into two or three projects, but we decided to do it once," he said. "That way it was disruptive for just one summer. I'm sure these people will be glad to see us go, but hopefully they will be happy with the finished product."

When asked about the status of Summit Street, north of North Street leading into the United Memorial Medical Center campus, Worth said that portion of the street was not included in this project, and much-needed work there is "up in the air" (subject to negotiations with the hospital).

WASHINGTON AVENUE SEWER

Another project that started in June -- replacement of about 2,330 feet of sanitary sewer main on portions of Washington Avenue, Jefferson Avenue and State Street and the resurfacing of Washington Avenue -- will be wrapping up next week, Worth said, adding that State Street from Washington to North would be open to traffic by the end of the day Friday.

The $1.3 million endeavor was paid for by city sewer funds and (the paving portion) by a CHIPs (Consolidated Local Street and Highway Improvement Program) grant.

WASTEWATER PLANT ALUM SLUDGE

The removal of alum sludge from the wastewater treatment plant is going so well that Worth will be recommending continuation of the program -- at a cost of an additional $400,000 -- at Tuesday's (Oct. 11) City Council meeting.  This would raise the total expense to $1.9 million, which is still less than the $2.3 million that was budgeted, Worth said.

Fifteen percent of the cost is paid by the Town of Batavia, which is part owner of the facility, with the majority funded from the city's sewer account.

The project entails removing sludge caused by the alum that is used to rid the pond of phoshorus. Worth said that the sludge has accumulated over 25 years, but the current removal process will last for another quarter of a century.

SIDEWALK REPLACEMENT, STREET RESURFACING

The city is spending about $600,000 and much of the work is being done by city crews, to replace sidewalks and resurface roadways on the southside streets of Wood Street, Cherry Street, Pringle Avenue, Highland Park, Central Avenue and South Main Street.

"Our strategy was to combine the sidewalk and paving into one, concentrating on one dedicated neighborhood for more significant impact," Worth said.

City crews also paved a parking lot at Kibbe Park.

LOOKING AHEAD

Worth said that projects for 2017 include the Healthy Schools sidewalk initiative that will see new sidewalks along Washington Avenue, Tracy Avenue and Liberty Street (funded at a 75 percent federal/25 percent city split), sewer and water main work along Elm Street, Vine Street and Chase Park, electrical improvements at city pump stations, and a tree management plan (funded by a grant of $15,000 from the state Department of Environmental Conservation).

"We will be working with a consultant from Geneva on a comprehensive plan for trees on city-owned right-of-ways and city parks," Worth said. "We have found we have an overabundance of maple trees, so in the future we will be planting other types of trees."

Update: Oct. 5, 9 p.m.

As Town of Batavia councilwomen Patti Michalak and Sharon White, and Deputy Supervisor Dan Underhill pored over line items and monetary appropriations contained in the town's 2017 tentative budget, Supervisor Gregory Post provided an insight into the numbers that will effect the municipality's residents the most: the projected tax rate.

Post, while pointing out that uncertainties remain in the areas of sales tax revenue, health insurance costs, state mandates and taxable assessed valuation, indicated that town residents could be looking at a tax rate of $2.64 over the next fiscal year. This is a $1.24 increase over 2016's tax rate of $1.42, which was the town's first property tax since 1980.

A tax rate of $2.64 per thousand of assessed value equates to a yearly bill of $237.60 to the homeowner with a house assessed at $90,000.

The supervisor's budget includes $475,000 from the town's unexpended fund balance, which will drop to $1.3 million. Post said that amount in reserve is necessary to ensure that the level of services provided by the town continues.

"We're looking to keep our unrestricted fund balance around $1.5 million; that's the model we use," Post said. "But until we get valid, solid numbers, we won't know the final (tax) rate. I expect that this will be changing."

Post said business development in the town has elevated the total property assessment from $320 million to $379 million over the past five years, a trend that helps reduce the tax rate.

He said he is confident that the assessed value will continue to increase over the next five years when many of the multimillion dollar companies' PILOTs (payments in lieu of taxes) run out and they have to pay their full amount of tax.

"If this leads to growth of our excess fund balance, then I will definitely be in favor of giving back to the people of the town, either in the form of a rebate or lower tax rates," he added.

Post said he was proud of the fact that the town has no debt -- "all of our buildings are paid for and we have no big (municipal) bonds hanging over our heads," he noted -- and cited the town's ability to attract business.

"We have to partner with Genesee County, the city of Batavia, (Genesee County) economic development (Center) and New York State to bring some purity to the process so businesses will invest their millions of dollars," he said. "And thus far we have been very successful. We're still the hub of what's happening now and this is a positive sign (for the future)."

Previous report:

In a couple of hours, Batavia Town Supervisor Gregory Post will be distributing his 2017 tentative budget, an $8.5 million spending plan that currently calls for $1 million to be raised through property taxes.

The budget for the general and highway funds shows appropriations of $5.1 million with estimated revenues of $3.6 million. To close the gap, $475,000 will come from the town's unexpended fund balance and the remaining $1 million as the tax levy.

Post said his team is in the process of calculating the tax rate (the amount per thousand of assessed valuation) and he expects it to release that figure later today.

In 2016, a half-million dollars were raised via a tax rate of $1.42 per thousand that translated to a yearly tax bill of $127.80 for a house assessed at $90,000. It was the first property tax in the Town of Batavia since 1980.

Special district budgets -- Batavia fire districts, sewer districts 1 and 2, and the combined water districts -- have been set at $3.4 million, increasing the overall budget to $8,597,788, more than $400,000 greater than the town's 2016 budget.

"This year's budget has been more impacted by the special districts that are financed completely on their own," Post said. "They're paid for by the customers who benefit from these services."

Concerning the highway department budget, Post said that he is hoping to place some money -- around $100,000 -- into reserves for the first time, and to put forth a spending plan that takes into account rising costs that will "enable us to pay for the work that needs to be done."

As was the case last year, the supervisor is proposing 3-percent increases in salaries for the town clerk, justices, highway superintendent, and engineering and building and safety department personnel. Salaries of the elected town officials will not increase under the tentative plan.

The Town Board will consider the budget at its Oct. 19 meeting and a public hearing has been scheduled for Nov. 9.

A $20,000 bequest from the estate of a longtime Batavia physical education teacher is nothing short of a godsend, according to a spokeswoman for the Genesee Symphony Orchestra, a not-for-profit organization in perpetual motion to keep the music alive.

“The directors of the symphony are constantly conducting fundraisers and asking for donations, so when we get money given to us like this, we’re just unbelievably happy,” said Roxie Choate, GSO personnel director.

The GSO was one of 11 different nonprofit entities to receive $20,000 gifts from the estate of Joan Pfeifer, a gym teacher in the Batavia City School District for 36 years prior to her retirement in 1984.

Pfeifer passed away on March 11 of this year at the age of 88.

Choate said she remembered seeing Pfeifer, a lifelong Batavian, at GSO concerts.

“I saw her at the concerts, and my husband played tennis with her at times,” said Choate, adding that Pfeifer (known as Miss Pfeifer to all of her students) was her elementary gym teacher.

Pfeifer, a 1945 Batavia High School graduate, went on to obtain her bachelor’s and master’s degrees from SUNY Brockport and University of Buffalo, respectively.

She was active in the community as a volunteer at United Memorial Medical Center and Meals on Wheels, and also was treasurer of the NYS Softball Officials organization, and had leadership roles in the Genesee Tennis Club and Midtown Tennis Club of Rochester.

She was a member of St. James Episcopal Church.

Choate said the funds from the Pfeifer estate will be go a long way to meeting the GSO’s budgetary requirements.

“We’re going to put part of it into an endowment fund, and we also need a new computer and a program to be able to keep track of payments to the performers, and eventually we will have to buy a new set of tympani,” she said.

David Metzler, Pfeifer’s executor, and partner in the Batavia law firm of Rybak, Metzler and Grasso, said the other beneficiaries were St. James Episcopal Church, Batavia Cemetery Association, Elmwood Cemetery, Genesee Area YMCA, Crossroads House, Genesee Cancer Assistance, HomeCare & Hospice, Humane Society at Lollipop Farms, Volunteers for Animals and Rochester Philharmonic Orchestra.

“These charities were near and dear to her heart,” said Metzler, who noted that he knew Pfeifer for about 10 years. “She was always giving money (to various causes). Yes, she was a very generous person.”

Business is booming, according to the manager of Koolatron Corp. on Commerce Drive, north of the NYS Thruway, and more space is needed to store the hundreds of products distributed by the Canada-based company.

Gordon Pringle, head of the Batavia site, and Rick Giraulo, representing LandTech Surveying & Planning PLLC, of Rochester, appeared before the Town of Batavia Zoning Board of Appeals Monday night as part of a public hearing in connection with the firm's plan to construct a 25,000-square-foot (158x158) warehouse with another set of loading docks and a driveway for trucks to exit the property.

While no one spoke either for or against the project during the brief public hearing, going forward Koolatron will need Genesee County and Town of Batavia to approve a couple requests for area variances.

Giraulo pointed out to the ZBA that the firm is seeking setback and building coverage variances.

"Our plan has the distance (from the building to the property line) at 28.3 feet as opposed to (the minimum) 30 feet and lot coverage of 39.7 percent as opposed to 35 percent, so we're slightly over," Giraulo said. "But we're smaller than the property across the street, which is at 48 percent, so the impact is negligible really. We're not setting any precedents that haven't already been established."

ZBA members indicated that they didn't see any issues with the requests, but will not be in a position to vote on the variances until Oct. 17, four days after receiving a recommendation from the Genesee County Planning Board. Town of Batavia planners are expected to render a final decision on Oct. 18.

Pringle said the nearly $1 million project will result in the addition of a few more jobs. Currently, the business, also known as Mega Properties Inc., employs eight people.

This latest endeavor comes on the heels of a 2014 project when Koolatron increased its warehousing space from 25,000 square feet to 45,000 square feet, receiving about $200,000 in tax abatements from the Genesee County Economic Development Center.

"Business has grown so much recently, especially with Amazon, Home Depot and Walmart, which just ordered 48,000 coolers," Pringle said, noting that the company ships products around the globe. "And this is just one of many. Beyond that, dot.com orders are increasing like crazy."

Headquartered in Brantford, Ontario, Mega Properties Inc. has an international presence with facilities in England, Florida and New York. It began with a flagship product line of 12-volt portable thermoelectric coolers and has expanded to manufacture, market and distribute a wide range of items via dealer-distributor network and the Internet.

In rendering above, the blue area represents the proposed warehouse expansion at Koolatron on Commerce Drive.

If an informal show of hands lines up with the results of a post card survey of residents and the Darien Town Board holds true to its pledge of neutrality, then it looks as though a proposed $24.8 million project to supply public water to two-thirds of the population in the Town of Darien will not come to fruition.

About 40 of the estimated 65 people who attended an informational meeting this morning (and into the early afternoon) at the Darien Fire Hall lifted their hands in opposition, while only 10 indicated they were for the proposal, which estimates show would cost property owners, at the outset, $1,275 annually in debt service and water usage costs.

At a similar meeting attended by about 230 people on Wednesday night, Town Supervisor David Hagelberger said the show of hands indicated a 60 percent against, 40 percent in favor outcome.

Hagelberger said that the current opportunity to get public water to the 2,095 town residents who have well water is probably a "go or no go" situation.

"We've been working for 10 years at this, and today we're at a point where it is much less expensive than any of the previous alternatives," Hagelberger said. "If this doesn't go through ... it could be another 20 to 30 years."

The supervisor said the board has been working with the Monroe County Water Authority for the water supply and the USDA Rural Development to get funding for what would be called Town of Darien Water District No. 6, noting that the USDA's approval of a $6.8 million grant is necessary to bring the costs to an affordable level.

He also stressed that the board wants to carry out the wishes of its residents.

"This is an issue of whether you want this to go forward or not," he said. "People have asked us over the past couple years to get water, and we've spent a lot of effort and a lot of time to get to that point. Now, we're in line for funding, but it only works if you want it."

The board contracted wilth Steve Mountain, of Mountain Engineering, to gather pertinent cost, funding and water supply data to present to property owners in order for them to make an informed decision.

Mountain (in top photo) shared for about an hour from a PowerPoint presentation, reinforcing Hagelberger's view that now is an opportune time to create the water district because of low interest rates (currently 2.25 percent on an $18 million loan paid over 38 years), an abundant supply of water (coming from Lake Erie and administered by Monroe County), and the willingness of USDA Rural Development to offer the grant.

The projected $1,275 annual cost to the typical household to be served is broken into two parts -- $914 for the project debt distribution ($712,850 per year divided by 780 household units) and $361 for water supply and operations and maintenance cost based on current water rates. Mountain said the figure could go down, depending upon an increase in the number of units or additional grants, or up as water rates increase.

Darien residents would pay slightly more than those in recently formed water districts in Stafford, Pavilion, Oakfield and the Town of Batavia due to the need to build two water towers and a pump station.

"The topography in Darien and having to build the pump stations drives up the cost," he said.

He also informed residents that costs of the initial connection, such as meter charges, account setup fees, service lines to the residence, and well abandonment and/or separation fees, would be at least $2,000.

Businesses would be treated in the same manner as homes in computing costs, while farms would be given special consideration when it comes to usage, Mountain said.

Questions from the residents primarily dealt with costs, with some worried that the expense would ulitimately be higher than anticipated. 

Tim Hack, who moved with his family to the town last year from Kenmore, said his taxes went up by $1,000 this year and he could see them increasing to $7,000 or more should this go through.

"We have a well with a filtration system, and the water is good," Hack said. "If I want taxes this high, I could live in Clarence Center, Williamsville or Amherst. And how can you guarantee that the $914 won't go up, with delays, cost increases in materials and the bidding process?"

Mountain responded by saying that the $914 is a fixed price -- "If it goes higher than that, then the project stops," he added -- and that contingencies have been included in the project budget.

Mammot Road neighbors Darrin Wojna and Dan Janis agreed wilth Hack.

"Taxes are high enough and there is nothing wrong with the well water," Wojna said.

"When I moved out here my taxes were $1,800. Now they're up to six grand," Janis said. "Now they want to tack on $1,275 a year in taxes plus two grand to hook into it?"

Tony Mateszewski, who moved back to the town after a 30-year absence, said he calculated the cost over 38 years at $50,000.

"I can put in several deep wells for $50,000," he said. "And what about maintenance fees and inspection of my well? I have a perfectly good well and I don't need Erie County water."

The Goodmans -- Eric and Trina -- questioned the town board's process of paying for engineering and other services before coming to the residents, and also the sending post cards (requesting a yes or no vote) to property owners. Hagelberger responded by saying the board needed to get cost estimates because "you would have asked us 'how much does it cost?' " and will validate all post cards returned to the town clerk. 

Trina Goodman said she believes the board is leaning toward passage of the proposal, and said she will go "house to house" to find out what residents really want.

Again, Hagelberger said the board has no preference.

"If you have a preconceived notion that the board is in favor of this, then if so, why are we spending all this time and are here today?" he asked in reply.

In the end, tabulations from the 868 post cards that were mailed out will give the board clear direction. At least, that's what Hagelberger is hoping for.

"The last thing we want is a 50-50 split," he said. "We're doing this for the residents. We're not doing this to the residents. We're looking for a majority, (understanding) that some people are going to be unhappy no matter what."

Mountain said should the district be formed -- after either legal petitions by property owners or a vote of the town board, a public hearing and passage of a resolution -- it would take up to another three years before construction is complete.

Saturday, Oct. 15 is looking more and more like the date for the grand opening of the Hotel at Batavia Downs on Park Road.

Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., today said that Downs officials and the Buffalo investors who own the hotel are gearing toward a grand opening ceremony on the 15th of next month.

"The fourth floor (of the 84-room hotel) is almost completed and we expect to be ready for booking" by the second week of October, Wojtaszek said, adding that the facility is a "step up" from most hotels and is run "by a top-notch staff."

The hotel has been painted a unique blue (Wojtaszek called it "Batavia Downs Hotel blue") and that color has been extended to the front of Batavia Downs Gaming. He added that the hotel's owners have the option to add another 42 rooms at some point in time.

WROTB has invested about $30 million into capital improvements in recent years, and continues to renovate the entrance area to the casino. Most recently, it added left-turn lanes into the parking lot for cars heading north on Park Road. Wojtaszek said the corporation is into the third year of paying back its long-term debt, which currently stands at around $20 million.

In other developments at today's WROTB Board of Directors meeting:

-- Directors approved putting an additional $20,000 into the Kane Memorial Race on Oct. 8, upping Batavia Downs' contribution from its usual $30,000 to $50,000.  Wojtaszek said this is being done per an agreement with the Western New York Harness Horsemen's Association in light of the Downs' delaying the construction of a new paddock area until next year.

-- Wojtaszek said the New York State Gaming Commission is close to approving Batavia Downs Gaming's contract with FanDuel, a fantasy sports company which agreed to a four-year contract with WROTB to provide this type of competition at Batavia Downs Gaming and at some of its OTB branches.

While acknowledging that sign-ups for the program have been "slow" to this point, Wojtaszek said it's too early to tell how successful the venture will be. The contract does provide WROTB a specific amount of "guaranteed" money, it was reported.

-- Marketing Manager Ryan Hasenauer reported that a former Buffalo Bills running back Thurman Thomas, a Batavia Downs Gaming spokesman, will be at the casino on Nov. 20 for a FanDuel event, and he also will be on hand on Oct. 9 for a "meet and greet."

On Nov. 5-6, an autograph show will feature former professional sports stars Ron Darling and Cecil Fielder (baseball), Grant Fuhr (hockey), Jo Jo White and Nate "Tiny" Archibald (basketball), and Bob Lilly, Joe Cribbs and Kordell Stewart (football).

In photos at top, the view of Batavia Downs Gaming with the new Hotel at Batavia Downs in the background; the revamped parking lanes which enable drivers to make left turns from Park Road into the facility's parking lot and a front view of the hotel. Photos by Mike Pettinella.

From one end of the town to the other, employees of the Town of Batavia have been extremely busy over the past few months dealing with a truckload full of building permits, construction projects, zoning reviews and maintenance issues.

That message was conveyed to the Town Board on Wednesday night by Supervisor Gregory Post, who shared a long list of projects and recent developments in a report from Daniel Lang, the municipality's senior zoning and codes officer.

"As you can clearly see, much is going on in the town," Post said.

Lang's report indicated that there are 144 active open permits in the town and that 10 single-family homes are being built.

It also provided an update on the status of several noteworthy projects:

-- Batavia Downs Gaming Hotel: Construction is expected to be completed wilthin the next few weeks.
-- Arc of Genesee Orleans: Crews are waiting for the steel to start construction of an addition on West Main Street Road.
-- O-AT-KA Milk Products Cooperative: Information pertaining to a flood plain development permit has been provided to the town as the Cedar Street facility looks to close out its 200,000-square-foot addition by the end of September.
-- Walmart: A new training center at the rear of the store is finished, with ribbon cutting set for 7:30 a.m. Oct. 11.
-- Chamber of Commerce, Park Road: Phase 1 of its construction/renovation (upstairs) is complete and Phase 2 is underway (downstairs).
-- Manning Squires Hennig, Seven Springs Road: Its construction project is 80-percent complete.

Lang also reported that the East Pembroke Fire Department has awarded contracts for its new 9,000-square-foot fire hall on Barrett Drive, east of the hamlet of East Pembroke, and that project updates are expected over the next several weeks from Koolatron, Fairfield Inn & Suites, L&M Fabricating and others.

Post said that the board will be receiving budget requests from department heads and other town employees prior to releasing its 2017 tentative budget at a special meeting on Oct. 5. He noted that the board is prepared to "do what needs to be done" in the areas of infrastructure and staff, as well as "the mechanics necessary to keep the community safe and sustained."

With that, he acknowledged that a deficit spending strategy that prevailed in the town for a decade and a half is a thing of the past and that residents can expect a town tax for a second straight year. In 2016, the tax rate was $1.42 per thousand of assessed valuation.

In other action, the board:

-- Approved a pair of resolutions connected to the Ellicott Trail Project, a walking/bicycle path project between the town and city of Batavia.

One measure will allocate $13,860 to renovate the CSX railroad bridge off of East Main Street Road, behind the Town & Country Restaurant, turning it into a pedestrian overhead walkway, and the other is to appropriate $30,000 to Clark Patterson Lee for structural design work of a new pedestrian bridge over Tonawanda Creek (at a site to be determined).

Post said that funds from a grant provided by the NYS Department of Transportation will be used for these projects, and added that an additional $200,000 in funding has been obtained recently through the efforts of State Sen. Michael H. Ranzenhofer.

-- Reappointed Engineer Technician Joseph Neth to full-time status effective immediately as the employee has completed a five-year commitment to further his education.

The Town of Batavia Planning Board is claiming it was victimized by a “lack of transparency” during discussions with Conifer Realty LLC about the income levels for prospective tenants at the recently opened Big Tree Glen apartment complex at 3727 W. Main Street Road.

In a meeting with a team of Conifer officials Tuesday night, planners said they were led to believe that middle-income individuals and families would be able to rent the 56 one-, two- and three-bedroom apartments that were constructed as part of a joint venture by Conifer, a Rochester firm, and United Memorial Medical Center.

“This is not a medium-income (arrangement),” Paul Marchese said. “This is truly a low-income facility.”

Marchese said that planners were concerned over the impact upon the town and the Pembroke Central School District.

“There would be an influx of kids not paying into the tax base, and we were concerned about that. This is not what was portrayed. The transparency was not there and that is what bothered me the most.”

Conifer vice presidents Sandy Gorie and Cheryl Stulpin offered apologies for the miscommunication, but Gorie was quick to add that “this is not market-based housing.”

“We run into this challenge in all the communities we go to,” Gorie said. “It’s all public knowledge; we have to go through the state (Homes and Community Renewal).”

In Phase I of the development, 34 of the 56 units are being occupied by those making 50 percent of the county’s average median income ($64,500 for a family of four) and the other 22 are being rented by those at the 60-percent level.

For Phase II, which could see construction next summer pending funding approvals, half of the proposed 40 apartments would be rented to those at 90 percent of the AMI, while eligibility for the other half would be set at the 60-percent and 50-percent levels, said Paul Marfione, project director.

Gorie said the state is allowing Conifer to use the 90-percent criteria due to higher than anticipated income levels in Genesee County.

The planning board also brought up the fact that a sex offender was allowed to rent an apartment.

Gorie said her company screens 11,0000 applicants each year and this was only the second time that this happened.

“Management did make a mistake, the site staff alerted its supervisor, a termination notice was sent and the resident vacated the property,” she said. “Since then we have revisited our policy and will be submitting (screenings) through our compliance department.”

“It’s important that you know that Conifer is in this for the long haul. We’ve been doing this for 40 years.”

Following the meeting, Planning Board Chairperson Kathy Jasinski said she appreciated Conifer sending people with “such expertise to meet with us and answer all our questions.”

“I am comfortable with the project and look forward to Phase II,” she said.

In other action, the Planning Board:

-- Approved a site plan review for Oakfield Hospitality LLC, a company headed by Ash Patel that is getting ready to build a four-story, 64-room Fairfield Inn & Suites at Gateway I Corporate Park off Route 98 near the Thruway interchange.

“This is the final discretionary approval from the town,” said Sean Hopkins, of Williamsville, attorney for the developer, who also owns a Holiday Inn Express and Hampton Inn in the same vicinity.

Hopkins said engineers have determined that the hotel’s footprint will have to be moved 18-20 feet to the west to account for an 18-foot easement. This opens the way for a subdivision of the property, which would be subject to another review process.

Town Engineer Steve Mountain said concerns over traffic on Route 98 turning left into the industrial park have been alleviated thanks, in part, to an independent traffic analysis.

Patel said he hopes to have the hotel open next fall. He would not say whether he plans to build another hotel next to the Fairfield Inn, but is keeping his options open for “future development.”

-- Approved a state environmental quality review and site plan review for the 21,000-square-foot (140x150) L&M Specialty Fabrication metal fabrication facility at East Saile Drive and Bank Street in the Town of Batavia, contingent upon the settlement of a few engineering issues.

Contractor David Tufts said it will be a steel-frame building, with the main entrance off East Saile Drive. The owners, Lee Shuknecht and Matt Geissler, have purchased 300 acres and plan to situate the facility 480 feet west of the intersection.

Planners urged Shuknecht to plant some trees and consider landscaping.

“It’s a big project for us,” he replied. “We want to keep it looking nice.”

The manufacturing and repair business received a $200,000 loan from the Growing the Agriculture Industry Now fund to purchase equipment.

-- Approved a site plan review from East Saile Properties LLC to build a 2,936-square-foot addition to an existing tractor-trailer repair shop at 4736 E. Saile Drive in the Town of Batavia.

A SEQR was not needed because the owner produced a letter from the state Department of Environmental Conservation stating that the project would not disturb any nearby wetlands.

While acknowledging the artistic value of a five-panel window mural on the storefront of the Main St. Pizza Company at 206 E. Main St., the Batavia Planning & Development Committee nevertheless ruled on Tuesday night that business owner Vic Marchese will have to remove the one that depicts two young ladies simultaneously taking a bite out of a large pie.

The planners granted a special sign permit that allows Marchese to keep four of the perforated vinyl window coverings despite the fact that the total area of the signs is more than the maximum allowable amount of 25 percent of the window space.

The other renditions show a woman enjoying a plate of spaghetti (which covers two windows), a display of pizzas and a pizza chef flipping dough into the air.

Marchese requested the permit last month, but action was tabled after the board decided to seek an interpretation from the City Zoning Board of Appeals as to whether the coverings constituted a window sign as defined by the Batavia Municipal Code and whether the total coverage area should be based on the percentage of coverage for the individual window pane or all window surfaces combined.

The ZBA ruled that this form of window treatment clearly meets the BMC definition of a window sign, and that the maximum amount of window coverage allowed refers to the individual space in which the sign is located and not all window surfaces combined.

Additionally, the Genesee County Planning Board recommended approval of the special sign permit as long as the 25 percent maximum area standard was met, providing for the transparency needed to "enhance the pedestrian experience."

Planning Board Member Ed Flynn, before making the motion to grant the permit, said he was of the opinion that all of the space at the front of the building should be considered when figuring the percentage.

"I am thinking that it should be 25 percent of the entire frontage," Flynn said. "That's my interpretation."

Flynn, Robert Knipe, Matthew Gray and Chairman Duane Preston agreed that the window murals were "attractive," but stressed that they needed to adhere to the city code.

"I agree that it's not unattractive, and I commend the job you have done with the place, but for us it's a compliance issue," Knipe said in addressing Marchese.

For his part, Marchese pointed out that several other Batavia businesses, citing Batavia Optical, Burger King and Ziebart as examples, have large window signs.

"How can the optical place get away with it?" Marchese asked.

Preston countered his claim, however, stating that those places put up posters, which are meant to be temporary.

Planners, as well as Code Enforcement Officer Doug Randall, suggested to Marchese that he should remove the advertising component of the signs or eliminate two of the coverings.

In the end, Flynn's motion asked that only one of the panels be removed, and the special sign permit was approved by a 4-0 vote.

Following City Manager Jason Molino's lead, the board did not tie its decision to the maximum allowable percentage of available space requirement, but said it would be looking at these situations on a "case by case basis."

Going forward, Randall said that the board would have to treat every business owner making a similar request in the same fashion. 

After the meeting, Marchese said he would remove the panel (Randall noted that it shouldn't have been put up before the permit was issued) but wondered aloud about his rights.

"It's one panel; I'm not going to miss it," he said. "But is it like a First Amendment thing, too? The city makes things so difficult. It's a lot easier to work with the town (of Batavia)."

Continuing, he said he understood that the city has rules, but didn't understand "what the big deal is."

"It's because somebody complained about it," he surmised.

In other action, the board approved a pair of signs that will be placed on the exterior walls of United Memorial Healthy Living at 164 Washington Ave., and two signs for the exterior of Carter's Restaurant & Bar at 60 Main St.

Genesee County planners came up with a five-item “to do list” for the owners of a proposed Tim Hortons Café & Bake Shop at 1106 Main Road (Brick House Corners) in the Town of Pembroke

At a meeting Thursday night at County Building No. 2, the board recommended approval of a special use permit and area variances for Clark Holdings Inc. to construct a 1,776-square-foot restaurant, with drive-thru, but not before several modifications have been made.

The panel noted that it is concerned about traffic on Route 77, primarily a lack of visibility to drivers making left-hand turns out of the Route 77 driveway to head north, and the safety of students crossing Route 77 in an area with no sidewalks.

“The proposal is missing documentation, it’s just not ready yet,” said Planning Director Felipe Oltramari. “For one thing, a traffic study needs to be done when school is in session.”

Two of the modifications focus on traffic issues, specifically that the applicant should obtain driveway permits from the New York State Department of Transportation for the proposed driveways onto routes 5 and 77; and that there should be no northbound turns onto Route 77 from the proposed driveway leading to that highway.

Other modifications are that the applicant eliminate at least one wall sign, obtain documentation from the State Historic Preservation Office as to the project's impacts on archaeological resources, and obtain documentation from the New York State Department of Environmental Conservation (DEC) as to the project's impacts on endangered or threatened species.

Clark Holdings Inc., headquartered in Williamsville and owned by Bryan Clark, owns and operates a dozen Tim Horton shops in Western New York.

A call to Clark this morning was not immediately returned.

In other action, the Planning Board:

-- Approved, with modifications, a site plan review for the 21,000-square-foot (140x150) L&M Specialty Fabrication metal fabrication facility at East Saile Drive and Bank Street in the Town of Batavia.

The manufacturing and repair business, owned by Lee Shuknecht and Matt Geissler, previously was approved by the Genesee County Economic Development Center for a seven-year, $200,000 loan from the Growing the Agriculture Industry Now fund to purchase equipment.

Planners recommended that the applicants obtain documentation from the State Historic Preservation Office as to the project’s impacts on archaeological resources in light of a form submitted to the SHPO that erroneously stated that the project is not located in an archaeologically sensitive area.

They also asked that any proposed signage conform to the Town’s zoning requirements.

-- Approved, with modifications, a site plan review for Evelyn Jaeger of Batavia to open a consignment shop at 102 S. Main St., Oakfield, an existing commercial building. Modifications include obtaining a driveway permit from state DOT for change in use prior to final approval by the Village of Oakfield.

-- Approved, pending an amended site plan showing all the buildings on the property, a site plan review to construct a 1,920-square-foot (40x48) equipment storage building at Select Collision, 5273 Clinton Street Road.

-- Approved a site plan review from East Saile Properties LLC to build a 2,936-square-foot addition to an existing tractor trailer repair shop at 4736 E. Saile Drive in the Town of Batavia.

-- Approved wind energy systems’ special use permits requested by Paul and Debbie Harris of Bethany and Harold Sinemus of Elba, as well as a solar system special use permit requested by Cynthia Jones of Byron. 

Facing a reduced budget for the coming year, Laurie Oltramari said she decided that the time was right to reassess her personal goals and submit her resignation as director of the Batavia Downtown Business Improvement District.

Oltramari, speaking publicly today for the first time since informing BID directors last week that she will be leaving effective Oct. 2, said that “after re-evaluating myself and the BID, taking into account a budget that is drastically limited this year, I felt it was the best thing for me to move on.”

Oltramari, a native of Wellsville, took the full-time position a year ago following a four-year stint as the assistant to then-director Don Burkel.

She said she has mixed feelings about resigning – “I really enjoyed meeting everyone downtown and working with the businesses,” she said – but was quick to add that “the time has come to think about myself.”

The downtown taxing jurisdiction’s budget has been scrutinized, of late, primarily by the Batavia City Council, which on Tuesday night passed a local law amending the BID plan to address district assessment charges that exceeded the amount authorized for operations and debt service payments under the General Municipal Law, and adherence to Open Meetings and Freedom of Information Laws.

The city actually is holding onto $49,571 in BID assessment money that has been designated as “excessive.”

Despite these proceedings, Oltramari said that had no effect on her decision.

“It’s more about what I want to do,” she said. “I understand why the BID’s funding had to be downsized, it was by law.”

Oltramari said the BID’s annual budget has decreased from $120,000 to $55,000, and with only 20 percent of that latter amount available for use for operations, “it really puts a constraint on the organization.”

“I figure that my leaving will help a little bit. They won’t have to pay a full-time director, who really won’t be able to do that much.”

She said she suggested to the board that it should hire a part-time director, with a salary considerably less than the “just over $30,000” that she earned.

Oltramari said she is going to “take it slow” before seeking another full-time position. She and her husband, Felipe, director of the Genesee County Department of Planning, have two children who attend Batavia Middle School.

A telephone call to BID Board President Victor Gautieri for comment was not returned. 

Despite a Certified Public Accountant's report that painted an increasingly bright picture of the City of Batavia's finances, which include more than $8 million in assigned and unassigned fund balances, three City Council members on Tuesday night voted against a salary increase for Manager Jason Molino.

Yes, Molino did receive a 2.75-percent raise, lifting his annual pay to $93,782, but it was by a 6-3 tally with Alfred McGinnis, Kathleen Briggs and Paul Viele casting "no" votes.

John Canale, Adam Tabelski, Brooks Hawley, Patti Pacino, Rose Mary Christian and Council President Eugene Jankowski voted in favor of the raise, with the usually tight-fisted Christian offering a glowing endorsement of Molino prior to the vote.

"I have seen three managers come and go," Christian said. "The first one gave us a stadium that he said wouldn't cost us anything and it cost us millions. The second manager gave up our water, and the third manager gave us this building (City Centre) which cost us millions again.

"Jason came in 10 years ago and the city was in debt. He was the first one who decided not to have a raise one year. He is the person who applied for the grants, and we received millions of dollars in grants. We have two pump stations, a new fire truck, new cars in the police department, newer equipment ... all because of Jason. He's the one that got us out of debt. And we have new streets, sidewalks ... reserve funds in different departments, and we never had this before."

Briggs and Viele had previously voted against the 2016-17 budget, which included an appropriation for Molino's raise, but McGinnis switched gears last night after going on record as being in favor of management raises.

McGinnis said he's not against raises for department heads, based on performance, but would like to use Video Lottery Terminal funds (money from Batavia Downs Gaming that is not in the city budget) for this purpose.

"I know we can't do it this year, but I propose in the coming budget year to look at pay raises for management the same way corporations do it, performance-based, with the money coming out of VLT funds," McGinnis said. "This saves the taxpayer money and still takes care of management. We should step into that corporate world and use the VLT money."

Asked after the meeting why he didn't vote for a pay raise for the manager, McGinnis took out a slip of paper from his pocket showing that the mayor of Buffalo earns $104,000 for a city of 261,000.

"Jason already makes close to that," he said.

Earlier, Laura Landers, CPA and partner with Freed Maxick, reported that the city showed a surplus of $1.3 million for the 2015-16 fiscal year, which increased its restricted/committee/assigned fund balance to $6.6 million to go along with an unassigned fund balance of $1.8 million.

The general budget fund balances include $770,000 (insurance), $3.4 million (capital projects), $700,000 (employee benefit accrued liability), $433,000 (retirement contributions), $145,000 (Dwyer Stadium), $152,000 (Vibrant Batavia and the city's Comprehensive Plan) and $1.2 million (funding of reserves proposed by Molino for 2016-17).

Landers said that Batavia has the "reserves and financial means to address what is in its (Comprehensive) plan" and has seen its expenditures come in under budget consistently since 2007.

Council agreed to move to next month's Business meeting a draft recommendation by Molino to allocate $1.2 million to the following general fund reserve funds -- police equipment reserve ($50,000), fire equipment reserve ($150,000), DPW equipment reserve ($200,000), Dwyer Stadium repair reserve ($125,000), facilities reserve ($400,000), sidewalk reserve ($150,000), administrative services equipment and software reserve ($50,000) and employee benefits accrued liability reserve ($75,000).

In other action, Council voted unanimously to pass four resolutions:

-- A local law to amend the Downtown Batavia Business Improvement District (BID) plan, which addresses the organization's excessive district assessment charges in its 2016-17 budget and a need to adhere to Open Meetings and Freedom of Information laws. 

The city has been holding on to $49,571 in BID assessment money that exceeded the authorized amount allowed for operations and debt service payments under the General Municipal Law, a move that was questioned by Jankowski.

"Why are we holding that money?" Jankowski asked, noting that the BID already has $202,865 in a reserve account of its own. "Why not give them all the money, so that it can be kept in one place?"

Molino countered by saying that "technically the money shouldn't have been levied in the first place."

"If we turn it over (to the BID), we may not be able to ever get it back," he said. "There is no need to use it until the district plan is in place."

--  An application for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home.

-- An application for a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas. The city is hoping to receive funds to advance the Ellicott Station redevelopment project led by Buffalonian Samuel Savarino.

-- A decision to declare five DPW vehicles as surplus, with any revenue received from their disposal to be placed into the respective departments' equipment reserve funds.

City Council is expected to vote tonight on a local law to amend the Downtown Batavia Business Improvement District (BID) plan, a proposed action supported by a six-page report from City Manager Jason Molino and coming on the heels of last week's resignation of BID Executive Director Laurie Oltramari.

The Business session of tonight's City Council meeting at the Council Board Room at City Hall gets under way at 7 p.m. and will be followed by a Conference session.

The city and the BID have been at odds since May when Molino reported that the BID's 2016-17 assessment budget exceeded the General Municipal Law limits for district assessment charges used for operations. Molino also recommended requiring the BID to adhere to Open Meetings and Freedom of Information laws, and to post its bylaws and meeting notices and minutes on its website.

According to Molino's report, the BID -- which includes business property owners located in the downtown section as well as on Ellicott Street -- assessed a levy of $120,000 for 2016-17, an amount that exceeds the authorized amount allowed for operations and debt service payments under the General Municipal Law. As a result, the BID assessment that was levied May 1, 2016 was an additional $49,571 in confilict with the GML and the district plan with no authorized use of additional funds.

The city has made several budget amendments to correct the situation, including holding the additional levy of $49,571 in a trust account until the BID plan could be updated and approved by City Council to include a capital infrastructure project. Molino's report also calls for the BID's Management Association to forward its proposed budget to the City Manager no later than Jan. 15 of each year, subject to review by City Council.

Emails and calls to Oltramari for comment regarding her resignation have yet to be returned. BID President Victor Gautieri confirmed the resignation and said the board would meet in the coming week to decide what to do next. 

Also on tonight's Business agenda:

-- Resolutions to submit applications for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home and a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas;

-- A resolution to authorize a 2.75-percent hike in Molino's salary, which would increase his annual pay to $93,782.

City of Batavia police, with assistance from State Police, Genesee County Sheriff's deputies and City of Batavia Fire Rescue personnel, are investigating the discovery of a body found early this morning at DeWitt Recreation Area on Cedar Street.

"The body was found by a fisherman shortly after 6 a.m. in the sandwash -- actually in the water," said City Police Officer Marc Lawrence, who arrived at the scene around 10 a.m. and advised that the park would be closed to the public at 10:40 a.m.

"We do not know the sex or race of the individual or the situation that led up to it at this time."

Lawrence said that fire rescue workers will assist law enforcement with the retrieval of the body and removal to the medical examiner's office in Erie County. He added that he anticipates another press briefing will take place around noon.

Reports indicate that the body was found in the southeast portion of the park a short time after a park maintenance employee opened the gates at 6 a.m. 

The Batavian will publish more details as they are released by authorities.

Photo -- By Carlet Cleare, 13WHAM.

Maybe you've been wanting to pick up an American Buffalo hoodie or a women's spaghetti-strap shirt with the Made in America logo on it, but you haven't had a chance to drive to one of the MIA outlets in Erie County.

Well, you're in luck (no pun intended) as plans have been finalized to locate a Made in America store in the lobby of Batavia Downs Gaming on Park Road.

"About three weeks ago, (Western Regional Off-Track Betting President) Henry (Wojtaszek), (Vice President of Operations) Scott (Kiedrowski) and I met with Mark Andol, owner of the Made in America franchise headquartered in Elma, and we signed an agreement to open a gift shop at Batavia Downs Gaming," said Michael Nolan, WROTB's chief operating officer.

"We feel that it's a good idea, especially being a public benefit corporation, that fits right in the bloodstream of our demographics."

Nolan said Batavia Downs will offer clothing apparel -- T-shirts, hoodies, etc. -- and other items, with some of the clothing to bear both the MIA and Batavia Downs Gaming insignias.

The announcement was made this morning at the WROTB Board of Directors meeting at Batavia Downs Gaming.

For more about the Made in America store, go to www.madeinamericastore.com.

In other developments, Nolan said:

-- He expects the Downs' partnership with FanDuel to offer fantasy sports competition at Batavia Downs Gaming at some of its OTB branches to "receive clearance" from the New York State Gaming Commission by next week -- "in time to be off and running for the 2016 NFL season." 

The gaming board approved FanDual's application to operate in New York State last week, action that came on the heels of Gov. Andrew Cuomo's decision to legalize interactive fantasy sports in New York. Previously, WROTB signed a four-year contract with FanDual.

-- That an EZ Bet kiosk is being placed at Letchworth Pines in Portageville. This will be the third such kiosk in Wyoming County, with the other two located at BenGo’s Express Mart in Attica and the Arcade Hotel.

Letchworth Pines was purchased last year by Kevin Sass, who has been involved in the bowling business since the late 1990s and also was a competitor on the Professional Bowlers Association Regional Tour. 

A grand opening, featuring prize drawings and refreshments, is scheduled from noon to 2 p.m. Saturday at The Pines. It is located at 6985 Fillmore Road.