A sheriff's deputy says he saw a bong fly from the window of a vehicle on Route 63 in Oakfield on Monday evening.

In the vehicle, which was stopped for allegedly having improperly tinted windows, were a group of young people and reportedly three more partially burned marijuana cigarettes.

Two Alabama teenagers were charged with unlawful possession of marijuana: Joseph D. Bauer, 18, of Oakfield, and a 17-year-old from Oakfield.

A third person was identified as the young man who threw the item from the window, which deputies say was a marijuana pipe.  The third person was not charged with a crime, nor were two other passengers in the car.

The 17-year-old reportedly told deputies the marijuana cigarettes belonged to him.

The two teenagers charged were issued appearance tickets for Town of Oakfield Court.

More jobs and a bigger tax base were the selling points in Batavia's council chamber last night as City Manager Jason Molino pitched a proposed redevelopment plan for the Masse Gateway Project.

To get the project going, the city, and property owner Mancuso Business Development Group, could use an immediate cash infusion of $2.5 million from a state program known as RestoreNY.

The application deadline for the program is fast approaching and by a unanimous vote, the council approved a resolution to hold a public hearing on the proposal on April 22 at 5 p.m.

“The Masse Gateway Project does meet the criteria of the program and the city is going to be in a fairly strong position to score well on the application," consultant Stuart I. Brown told the council.

To score well, Molino and Brown told the council, it is necessary to provide a 26 percent local match, or about $650,000 above the requested grant amount. A mere 10 percent, or even 17 or 18 percent, might not cut it because Batavia doesn't qualify, under RestoreNY guidelines, as a distressed urban area.

The entire project is expected to cost $3.15 million, with the matching funds coming from in-kind services ($50,000 in staff time for inspections and simliar services), $400,000 in prior work and in-kind matches from Mancuso, and $200,000 from the city's revolving loan fund for small-business start-ups.

The BDC loan funds were an area of some concern because Mancuso is not expected to pay any of that money back to the fund, but Molino explained that under terms of original grant that created the fund, using the money for a job-growth project such as Masse is acceptable.

He also explained that currently the BDC has $400,000 cash available and $200,000 in outstanding loans, so the BDC board felt confident that there would be enough money left in the loan program to fund future small business start-ups.

This is the second time Batavia has applied for RestoreNY funds. The first application was rejected, Molino speculated, because the city asked for only a 10 percent match and the plan submitted was not comprehensive enough.

Stu Brown added that the 10 percent match included in the plan was largely for planning work aready done and not new development work, which may have been a problem.

“In my experience and after looking over the RestoreNY guidelines, it is my strong recommendation that the city over match the requirements," Brown said.

Architect Ed Smart also explained a bit about the anticipated development, saying that the key to making the entire Central Corridor Project (PDF) viable was improving the edges. The edge work, he said, would make the entire 27-acre area more attractive to developers, investors and businesses looking for new locations.

“Each of the proposed uses would be more job-growth intensive than the previous uses, Smart said, later adding:  “When the business incubator first started, there were businesses looking for 20,000 or 30,000 square feet of space, but today’s businesses want much smaller spaces.”

Some council members asked about the immediate potential for residential uses in the project (which is part of the larger Central Corridor Project), and Smart said residential really wasn't part of the plan right now out of concern there simply wouldn't be demand during this phase of development.

"Building 16 is really versatile and could serve as business lofts or residential lofts," Smart said. "But there is a lot (as in other development) that would have to happen around the building to make it an attractive place for residents to want to live there."

Previously: City may seek $2.5 million state grant to help with Masse Gateway Project

After some discussion of whether the City of Batavia should apply to hire one or two new police officers through a Federal grant program, the City Council unanimously approved a resolution Monday night to seek funding for one position.

The new position, if the grant is approved, would create an entry-level police officer to participate in a community-oriented policing program, and it would replace a position eliminated in the 2008-2009 budget.

The funding comes from U.S. Governments COPS Hiring Recovery Program and covers the first three years of salary and benefits for a new hire.

According to City Manager Jason Molino, the grant cannot be used to replace a retiring officer or to hire a new detective. It can only be used to back fill a position previously eliminated.

Community-oriented policing is a program developed in New York City in 1990s, and used with some success in San Diego. It involves officers being more involved in the community, developing relationships with people in local neighborhoods to solve problems and prevent crimes.

Councilman Bob Bialkowski suggested the city apply for two such positions, and made a motion to amend the resolution, but most of the rest of the council disagreed and voted it down.

In arguing against the motion, Councilman Tim Buckley said, "Let's apply for this one and be happy we get it," stating a concern that applying for two when the city may only qualify for one could cause the entire application to be denied.

The subsequent motion supporting the original resolution for one position was approved unanimously.
 

Michael DiBacco is a 14-year- old who speaks with an honest heart. He knows it takes a lot of responsibility to manage his homework, sports, band, and still make time to play Star Wars Lego video games. 

His parents Mike and Mary Beth welcomed me with warm smiles and grateful hearts.

Mary Beth said they were very excited when they heard their son was selected as an excellent student. She said it is nice to be recognized when you are working very hard.

Michael is a student at Batavia Middle School who strives for good grades and feels angry if he isn’t successful. He loves Social Studies and is excited to learn about the Revolutionary War in class.  After school he is busy playing his saxophone in band, cross-country, track, and loves swimming and hanging out with the boys for the Norte Dame swim team.

Although he is nervous about the workload for his AP classes in eighth grade, he is excited for high school and being able to be involved in even more.

Michael has a difficult choice in choosing either Notre Dame or Batavia High, and is disappointed in the fact that Batavia High does not have a formal swim team. His father, who just bought a tripod to film his son’s swim meets, wishes there was an actual swim team at Batavia High.

Down the road from now we might see Michael as a forensic scientist or an architect.

We're introducing e-mail updates to The Batavian.  These updates will allow you to get information e-mailed to you about new posts and our new Deals of the Day feature.

A good portion of The Batavian's audience visits the site at least daily, but for those who do not, we thought allowing people to subscribe to e-mail updates would help them keep abreast of news and information from the site.

• News Updates: This will mostly be a daily e-mail, which I'll try to get out around 5 p.m. each week day, but in the event of an important breaking story, I may send out an e-mail when that story breaks.
• Deals of the Day: You will receive an e-mail from this update list whenever we post a Deal of the Day.  This is a great way to quickly get notified when the deal is posted.

This lists are available to all registered users of The Batavian. You can access the lists any time from the "Mailing Lists register" link under "My Accounts" when you're logged in. If you're logged in now, you can get to the mailing lists page by clicking here.

For any Batavians who thought maybe Time-Warner Cable wouldn't test its new tiered broadband pricing plan in Genesee County, we have some bad news. We just received this message from Lara Pritchard, public affairs manager for Time Warner Cable, WNY Division:

Our trial for monitoring internet usage will rollout across our entire Rochester footprint. Batavia customers will also be enrolled to work with us and provide feedback on their usage /plans.

For those who haven't heard, TW is planning to switch Rochester-area customers from a flat-price service for broadband (cable modem, in this case) Internet service to one which offers different pricing plans, based on anticipated usage. Heavier users would be faced with potential monthly overage charges, or plan on spending up to $150 per month for unlimited usage.

WHAM 13 explains the tiered plan here:

The "trial" is expected to begin in August.

For it's part, this is what TW says about the need for the pricing scheme:

Time Warner Cable said that steady increase in use, along with massive bandwidth consumption by a small percentage of customers, is the reason it's testing the new pricing policy. The company said it needs to pay for infrastructure upgrades.

Commenting on the criticism of the plan, company spokesman Alex Dudley said, "Customer feedback is a critical part of the trial."

But not so fast. As others have noted, there isn't really a cost justification for TW's plan.

Ars Technica:

Britt's rationale for the change—infrastructure is expensive—is tough to understand. Cable's physical plant has been in the ground for years; even hybrid fiber-coax systems have been widely deployed for some time. Internet access simply runs across the existing network, and one of cable's big advantages over DSL is that speeds can be upgraded cheaply by swapping in new DOCSIS headend gear, with DOCSIS 3.0 the current standard. Compared to what Verizon is doing with fiber and AT&T with its quasi-fiber U-Verse, cable Internet is a bargain (well, for the operators).

But perhaps consumers are insatiable bandwidth hounds who are simply overloading TWC's system—or perhaps not. The BusinessWeek article notes that only 14 percent of users in TWC's trial city of Beaumont, Texas even exceeded their caps at all. My own recent conversations with other major ISPs suggest that the average broadband user only pulls down 2-6GB of data per month as it is.

A site called Stop the Cap dug through some of TW's communications for shareholders and found that TW is telling its investors its costs are actually decreasing. (via Fighting 29th)

High-speed data costs decreased for the three and nine months ended September 30, 2008 primarily due to a decrease in per-subscriber connectivity costs, partially offset by subscriber growth.

A Batavia teen has been charged with rape in the first degree, according to a report by Batavia Police.

Oliver Thomas, 17, is accused of forcibly raping a 15-year-old girl at his home on Feb. 16.

Thomas, who was taken into custody at 9:15 a.m. today,  was jailed without bail.

Sheriff's deputies are searching the area around Tops on West Main after a suspected shoplifter allegedly fled the area. The suspect was last scene scaling a fence near the store. 

The suspect is believed to be a thin, tall black male, possibly wearing a checkered jacket or vest. Police declined to provide any further description at this time.

Top of the agenda for the Town of Bethany's Board meeting tonight is the status of the Old Town Hall, which will be the site of a slide-show history of Bethany next Sunday, and is scheduled to get a new room.

The roof is being paid for by a grant secured by former State Senator Mary Lou Rath.

"We have to do take care of it this spring or early summer, because the thing is about 25 years old," said Town Council member William Gick.

The building, built in 1832, was originally a church and later a lodge, a grange, a town hall, then put to some other uses, according to Gick, and then a town hall again until 2007, when town staff moved into the new town hall.

After the new roof is in place, a portion of the building will serve as headquarters for the town historian. There are already some artifacts stored there, Gick said.

"And we'll try to make a serious effot to find a buyer for the building, or lease it, or otherwise put it to good use," Gick said. "It shouldn't just sit there. It should be put to get use."

Gick also encourages local residents to come out to the Old Town Hall Sunday at 2 p.m. for a visual tour of the town's history.

The Council meets tonight in the new Town Hall at 7:30 p.m.

Today, we start a new feature: The Deal of The Day. With the Deal of the Day we'll offer valuable gift certificates to local businesses at greatly discounted prices.

Today's Deal: A $25 gift certificate from Adam Miller Toy & Bicycles, 8 Center St., Batavia.  The Batavian Price: $12.50.

Rules: E-mail me at howard (at) thebatavian dot com. First e-mail in can purchase the gift certificate for $12.50. We will arrange a time for the winner to drop by my office on Main Street some time today.  If the first e-mail in can't make an appointment today, the second e-mail will be eligible.

Business Owners: If you would like your business featured on The Batavian in Deal of the Day, contact me at 585-260-6970.

Tanya L. Captain, 21, of Batavia, is accused of repeatedly hitting another woman in the face and breaking her nose.  Captain reportedly showed up at the other woman's home Sunday afternoon around 3 p.m. and assaulted the other woman. Captain is charged with assault in the third degree, a misdemeanor. She was issued an appearance ticket.

Carla L. Southwell-Wood, 52, of Batavia, was charged Sunday night with DWI and endangering the welfare of a child. Southell-Wood was stopped by deputies on Rose Road after the Sheriff's office received a report that Southwell-Wood was allegedly driving while intoxicated in a white mini-van. After a traffic stop was initiated, deputies also report they found a child under 17 in the vehicle.

Three people were charged Thursday with under-age alcohol violations following an undercover operation involving Sheriff's Office personnel, with the assistance of Genesee Council on Alcohol and Substance Abuse. Arrested were Andrew J. Cutcliffe, 20, Pavilion, charged with unlawful possession of alcohol by a person under 21 with intent to consume; Carly H. Kelch, 23, of Linwood, charged with one count of sale of alcohol to a person under 21; and Timothy R. Andrews, 21, of Wyoming, charged with DWI, with a BAC of .08 or higher, failure to keep right and unlawful possession of marijuana.

God was so good today to Care-A-Van as we visited at Central Avenue. Even with the cool crisp spring air, the sun was shining bright. It was so nice to set up outside without having to battle that white cold stuff! It was wonderful to look around and see many flowers and buds on the trees starting to come out.

The street was busy with lots of activity. One young boy came to the bus. His mom had recently had surgery. As I walked back home with him, we were talking about this special week-end and how Jesus died on the cross and then how he rose from the dead on Easter Day.

Just as we learned how he rose, we also see the needs rising here in our City. Today was one of our busiest days at Central Avenue. The Lord fed 104 people today! We were so busy that we ran out of milk. The Lord also  provided clothing for many families today. A young girl came to the bus to see if she could find an outfit for her father to wear to church. Another young girl was trying to find something for her grandmother to wear.

The word continues to get out that Care-A-Van is here to help. We thank all of you for sharing the word. Many people had stopped at the Salvation Army this morning and the folks there shared about the ministry.  We talked with many people that did not have a church family or a support system. As we look into their eyes, hearts and souls we see and feel the pain. We have all gone through our own struggles and still do. But there is hope for all of us. In God’s word it says “For I know the plans I have for you says the Lord, plans to prosper you not harm you”.

In Luke 24:

46He told them, "This is what is written: The Christ will suffer and rise from the dead on the third day, 47and repentance and forgiveness of sins will be preached in his name to all nations, beginning at Jerusalem. 48You are witnesses of these things.

We thank all of you for helping us share with the city of the wonderful news and miracles that our Lord has done and continues to do so. It is an honor for all of us to serve our Lord.   As Paul prayed this morning before we headed out, Lord help us keep it simple.  Special personal invitations were given to all to join Care-A-Van for Easter Dinner. Paul and Bridget will be doing all the cooking. It is going to be held at the Assembly of God Church on North Spruce Street from 2:00-4:00 PM. We invite all of you to stop by, grab a bite to eat and share in awesome fellowship. I hear that the Chocolate fountain is going to be the best treat of all. Oops, let me take that back, the best treat of all is that Jesus died so we may all have life!

May you have a blessed Easter

Robin Walters, Public Relations Director

Care-A-Van Ministries

Our last evening at North Knife Lake was spent fishing from shore where the North Knife River spills into the lake. I was fishing upstream of the others when I heard my nephew yell. Though I couldn’t see him due to dense brush, the urgency in his voice was obvious. So was the sound of splashing. Thinking he had fallen in I came running. It turns out the splashing was a big pike on the end of Chris’ line as it wallowed in the shallows. It was a dandy northern for a twelve year old, one of several he caught during our stay. All too soon it was time to board the float plane, the first of a series of plane trips that would take us back to New Jersey.

We managed to have great fun during our Jersey years, Chris, his sister Samantha and my own young ones, Jami and Sam. I’d like to think they looked forward to my ceaseless antics. Come Halloween time, they were often on the alert, waiting for me to appear out of nowhere – a closet, bushes or in a window - wearing a gnarly mask. Being the oldest of the kids in the family, Chris always caught on before the others, laughing as they ran amok, seeking an escape route.   

And what a unique laugh he had – it was a combination chuckle/cackle. Recently my son and I were remembering Chris, recalling those early years when Sam said, “What I wouldn’t give to hear that cackle one more time.”

Chris would have celebrated his forty-first birthday next month. And though I may not hear his cackling laugh, I’ll settle for a few of my favorites from our North Knife Lake photo album - Chris’ early years.

Chris' First Northern Pike

His Big Northern

Time To Head Home

Until We Meet Again........

The Batavia City Council will consider asking the state a second time for Restore NY funding to help launch the Massee Gateway redevelopment project.

Should the city go forward with the application, Restore NY could provide up to $2.5 million of the estimated $3.15 million cost of the project, which could potentially lift the assessed property tax value of the area from $800,000 to anywhere from $3 million to $5 million.

The remaining $650,000 of funds needed for the project would come from in-kind and cash matches from the City of Batavia and Mancuso Business Development Group (the property owner).

The match comes, according to a memo released by the City Manager's Office, from $400,000 of prior work on the project by Mancuso, a $50,000 in-kind match from the city (meaning inspection time, site plan review and grant oversight) and $200,000 available from a 1982 Urban Development Action Grant.

"The City's contributions to this project will not effect the general fund expenses or require any financial burden or support from the tax levy," City Manager Jason Molino writes in his memo.

The council meets in special session Monday at 7 p.m. to consider the application.

The goal of the project is to demolition and refurbish buildings near Masse Place, between Swan Street and Harvester Avenue. About 40,000 square feet of building would be demolished and another 200,000 120,000 square feet restored.

In using $200,000 from the UDAG fund, the city will draw down the grant money, which has been used for a revolving loan and grant program to help establish small businesses in Batavia. Molino's memo says current economic conditions has made issuing small business loans and assisting economic development difficult.

A memo from consultant Stu Brown about the application states, "Recent discussions with the owner of the complex indicates that he is proceeding with the plans for the project. The approval of a major state grant would enable the project to move forward much more quickly and permit the owner and the city to achieve the goals for the redevelopment of this important site."

The city applied for Restore NY funding for the Massee project once before and the application was denied.

The Restore NY application is due by May 4. Should the council pass the appropriate resolution Monday, there would be a public hearing on the application Aprill 22 at 5 p.m.

Download: Part 1 of Council Packet (PDF) for Monday's meeting, which includes Jason Molino's memo.

Previously:

• Can a revitalized Harvester Center spark a Batavia renaissance?
• Batavia has significant assets to spur an economic renaissance
• Entrepreneurs will lead Western New York's renaissance
• Could Batavia learn about downtown development from Rochester?
• Buffalo attorney's lawsuit aims to halt government funds used in economic development

Drug Task Force officers on patrol in Bergen spotted what looked like a drug deal taking place last night in the parking lot of 8132 Buffalo Road.

After further investigation, three suspects were taken into custody, and $200 worth of cocaine and $2,319 in cash were seized.

Arrested where:

Mark S. Robbins, 27, of Batavia, charged with criminal sale of a controlled substance in the third degree. He is held on $15,000 bail.

Joseph P. Sirianni, 46, of Rochester, charged with criminal possession of a controlled substance in third degree. He is held on $5,000 bail.

Kathryn L. Johnson, 21, of Bergen, charged with conspiracy in the fourth degree, criminal facilitation in the fourth degree and criminal possession of a controlled substance in the seventh degree. She is held on $5,000 bail.

Assisting in the investigation were uniformed deputies of the Sheriff's Office, and the Genesee County District Attorney's Office.

Mug shot order, from the top: Robbins, Sirianni, Johnson.

The Sheriff's Office reports this morning that Thursday's fire in Village of Corfu, which damaged the former Pizza Pantry building at 10 Main St., possibility erupted after two teens inadequately disposed of cigarettes.

The press release says that further investigation may result in the teens being petitioned to Genesee Family Court.

The fire started at the rear of the building.

Fire units from Corfu, Pembroke, East Pembroke, City of Batavia, Oakfield, Darien, Alden, Crittenden and Akron responded to the blaze.

Two firefighters reportedly suffered minor injuries.

Here's an open invitation to area pastors and preachers: Post your Easter Sermons on The Batavian.  On Easter Sunday, we'll post sermons submitted by 10 a.m. ish on the home page.

Barb Falker of the Lazy Redneck Ranch in Oakfield suffered a fractured vertabrae to her spine when she was kicked by her own horse Thursday night.

She was flown by Mercy Flight to Strong Memorial Hospital in Rochester were she remains in stable condition. She is expected to be released Saturday.

Her daughter Nina Regan said the incident happened when Barb's niece's horse, Chief, got out of his inclosure. Barb rounded up the horse and put it in her pasture with her horse, Sheba.

When Barb went to retrieve Chief at about 7:30 p.m., Sheba tried to kick Chief. The commotion resulted in the lead getting twisted around Barb and she got a couple of hard kicks from Sheba.

"It was kind of a weird accident," Regan said.

Her family called Oakfield Fire/EMS who had to cut the lead of Barb before she could be taken for medical treatment.

"She was awake and talking when I saw her in the hospital," Regan said. "The doctor said she's going to be fine but she'll be pretty bruised up."

Previously: Out on Lazy Redneck Ranch.

Much of Northern Manitoba experienced early ice-out in 1980 and in early June a float plane carrying Charlie Pace, Matthew Guido, my nephew Chris Carr and I touched down on the surface of North Knife Lake, 600 air miles north of Winnipeg. It turned out to be a fisherman’s dream as the action grew hotter with each passing day.

 The afternoon of our last full day in camp found us drifting a quarter-mile upstream on a sluggish river.  Gilles Lord, who served as camp manager and guide, had pulled a jumbo northern from this spot a week earlier.He now referred to the place as “Hog Alley.”  

We were casting spoons when Chris pointed to a surface disturbance a considerable distance away.  Charlie and Matthew were in another boat close-by. They too had seen the commotion atop the water. “What s going on over there?” I asked, motioning toward the surface activity. “Otters” Gilles answered.   Due to the distance from us it was hard to make out details, yet there appeared to be several of them.  We would soon discover they weren’t otters at all.                                   

 Early that morning we stowed our gear in two boats before embarking on a twelve mile boat ride to a place called mid-camp. Along the way we motored into a shallow bay, stopping long enough to catch a few lake trout for lunch. At mid-camp Gilles needed to unscrew plywood covers from the window frames. During the winter one or more black bears had entered the cabin through the windows and devoured everything in sight, including plenty of canned goods. For good measure the culprit bit clean through a cooking pot. The only thing that survived was a can of aerosol bug repellent.

After a lunch of lake trout fillets we motored into Gilles hot spot, a widening in a narrow river that emptied into North Knife Lake. As we drifted closer to the previously mentioned surface disturbance we discovered the “otters” were actually tails - very large forked tails. What’s more, they would point straight up into the air for second or two before sliding below the surface. But another would take its place. There was always two or three visible, literally pointing to the sky.  They were huge lake trout!     

A school of big lakers had invaded the river to gorge on tullibee, a variety of whitefish.  Matthew was the first to hook up. The arch in his fishing rod and line steadily peeled from his reel signaled a big fish.  Whatever was on Matthew’s line never jumped, it just bulldogged, hugging the river bottom and giving up line grudgingly.  Because Matthew’s reel was loaded with 8 lb. test line, it was nearly an hour before a monster lake trout was visible in the gin clear water.                                                                   

Hog Alley lived up to its name on this day, yielding some mighty big fish, with Matthew Guidos lake trout earning him a listing in the 1980 edition of the Manitoba Master Angler Awards, provincial annals celebrating trophy fish.