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Puzio sees dark days ahead for city schools with cuts and caps in the works

By Howard B. Owens

Margeret Puzio, superintendent of Batavia City Schools is very worried about the coming year.

She's worried about possible cuts in state aide to schools and she's worried about Gov. Andrew Cuomo's proposed property tax cap.

Puzio spoke with WBTA today.

"It will be interesting to see, in the governor's budget, how state aid will be affected," Puzio continues.

"Frozen state aid is probably our best-case scenario. And with all of our costs going up, frozen state aid means we'll need to make significant cuts. But if there are cuts to state aid...that would be disastrous for us."

In the face of those probable cuts, Cuomo is also proposing a 2-percent property tax cap. If that goes through, Puzio sees dark days ahead.

"The tax cap is a rather extreme solution to the problem," she says. "This year the expenditures on the retirement systems go up significantly. So it's going to be difficult to maintain our educational program, and stay within a 2-percent tax cap.

"It might be impossible. And I'm not given to saying that things are impossible - but it just might be impossible."

Photo: Neon turned off on Pontillo's, Le Roy location set to close

By Howard B. Owens

One of Batavia's landmark signs has been partially shut off the past few nights, and a new sign has gone up on the historic Pontillo's location. It reads "Batavia's Original."

Meanwhile, an ad in the Le Roy PennySaver this week announced that the Le Roy Pontillo's location will close its doors Thursday. All gift certificates for that location must be used by that date, the ad said.

The owners of the Batavia Pontillo's/Batavia's Original were served with a federal trademark infringement suit in September. There's no word on the status of that lawsuit.

In October, it was disclosed that the Le Roy location is allegedly delinquent in taxes, with $24,261 owed to the county, school district, village and town.  If not paid, the property could go up  for auction in March. UPDATE: County Treasurer Scott German says the property taxes were paid in December.

Sam Pontillo told WBTA that his parent's estate owned a majority share of the Le Roy location.

"I didn't want to be tied to there with the mortgage anymore," Pontillo said. "So, I think it's time for something new for me."

In November 2008, when the Batavia Pontillo's location closed, Sam Pontillo told the Batavia Daily News: "I do not own that one," Sam said, pointing west toward Batavia from the Le Roy Pontillo's. "I own this one."

The estate has been tied up in a protracted lawsuit.

Photo: Red Fedora Fanatics

By Howard B. Owens

The ladies of the Red Fedora Fanatics, who get together monthly for a social luncheon, met at the Fedora Diner on Ellicott Street Road today. All of the women are Genesee County residents. 

One member said, "without our drivers, many of us couldn't get here," and asked that I take a picture of their drivers, below.

Closures: Gillam Grant postpones presentation

By Howard B. Owens

Due to anticipated poor weather conditions, this evening's "Growing Gillam Grant" presentation has been postponed.

Additional presentations are scheduled for: 

  • 10 a.m. Tuesday, Jan. 25
  • 6 p.m. and 7:30 p.m. on Thursday, Feb. 10
  • 6 p.m. Wednesday, March 2

If you have any questions, or if you'd like to reserve a spot at one of the above presentations, please call Gillam Grant at 494-1621.

If The Batavian receive's notice of any other cancellations for tonight, we'll add them to this post, or readers can include cancellations in comments.

Le Roy man wins 10 Grand in NY Lottery

By Billie Owens

On Monday, the New York Lottery announced the name of a Leroy Mega Millions player who won $10,000 in the drawing held on Jan. 4. The winner, Roger Laird, purchased the winning ticket at the Hess Mart at 204-210 West Main St. in Batavia.

Lottery prizes up to $600 may be cashed at any of the Lottery's 16,000 licensed retailers statewide. Lottery prizes valued at $601 to $999,999 may be claimed at any of the Lottery's seven stand-alone Customer Service Centers, including locations in Buffalo and Rochester. They can also be cashed at any of the Lottery's eight gaming facilities including Batavia Downs Casino and Finger Lakes Gaming & Racetrack (in Farmington).

Prizes of $1,000,000 or more must be claimed at one of the stand-alone Customer Service Centers.

For more information on how to cash a winning Lottery ticket, click the "Ask New York Lottery" tab at <http://www.nylottery.org>.

Grand Jury Report: Woman indicted on three assault charges for shooting

By Billie Owens

Jolene J. Goodell is indicted on a charge of forgery, 2nd. She is accused of altering a prescription for Vicodin in the Town of Le Roy on Sept. 18.

Ryan J. Pittinaro is indicted on three charges relating to an incident in the Town of Alexander on Aug. 14. The first is a misdemeanor charge of DWI. He is accused of driving his 2001 Acura while intoxicated. The second charge is a misdemeanor for having a BAC of .08 or greater. The third charge is aggravated unlicensed operation in the first degree.

Patricia Hardesty is indicted on three assault charges relating to a shooting incident in the Town of Darien on Aug. 1. The first is assault in the first degree for allegedly shooting Robert Hardesty Jr. in the leg with a .22 rifle. She is also indicted on two charges of assault in the second degree for allegedly "recklessly causing serious physical injury to another person by means of a deadly weapon or dangerous instrument" and intending to do so.

Possible fire at West End Mobile Home Park

By Billie Owens

A possible fire is reported inside the West End Mobile Home Park, located at 4016 West Main St. Road in the Town of Batavia.

The mobile home is near Lot 19. Town of Batavia Fire Department is responding.

The caller said there was smoke and/or steam coming from the trailer, which is unlocked and no one is home.

UPDATE 2:45 p.m.: Fire officials are requesting a code enforcement officer to go to the scene.

UPDATE 2:48 p.m.: Nothing found. The fire engine is returning to service. But a fireman is staying at the scene until the code enforcement officer arrives.

Proposed city budget includes plan to license contractors

By Howard B. Owens

Home improvement and building contractors wishing to do business in the City of Batavia may soon have to pay an annual $125 license fee.

The new contractor licensing proposal is contained in the city's 2011/12 fiscal year budget.

It would cover electrical contractors, painting contractors, flooring contractors, insulation contractors, driveway sealers and subcontractors employed by other contractors who are not required to file for building permits.

The proposal says the proposed licensing law is an attempt to protect citizens from uninsured contractors and generate additional revenue.

The proposed law would require licensing and proof of insurance.

The fee is intended to be adequate for development, maintenance and enforcement of the licensing program.

Annual revenue is expected to be $25,000.

When formally presented with the proposal, the Batavia City Council will be asked to adopt a resolution covering three fees associated with the law -- a license fee, annual renewal fee and replacement fee.

No further details were contained in the budget report.

Animal stuck between railings in Darien

By Howard B. Owens

Darian Fire is being dispatched to 1431 Broadway Road to assist with an animal that is stuck between either railings or spindles (dispatch used both words).

There is no description of the type of animal that is stuck.

The situation might be inside an apartment.

UPDATE Noon: A fire chief apparently knocked on a door and got no response. Dispatch recontacted the original caller. The address is now corrected to 1341 Broadway, Apt. #4.

UPDATE 12:08 p.m.: Fire is asked to drive around to the rear of the building, to the pool area.

UPDATE 12:13 p.m.: There is no 1341 Broadway. Firefighters told, "it's the building next to the old BG's restaurant."

UPDATE 12:17 p.m.: "The dog is free." Darien Fire is back in service.


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Highlights from the city manager's annual budget message

By Howard B. Owens

As we reported previously, the proposed 2011/12 fiscal year budget for the City of Batavia contains a 1.59-percent increase in the property tax levy.

Below are some highlight's from City Manager Jason Molino's annual budget message, released yesterday:

  • In 2006, the city council embraced a "Road to Reconstruction" plan that outlined three steps to "slow the bleeding," "stop the bleeding," and "recovery." The plan combined cutting expenses, raising taxes, improving fiscal management and, finally, developing a plan for going forward.
  • At the time, the city had a lingering $2.2 million general fund deficit. The city responded by eliminating 35 staff positions and raising taxes by 19.5 percent in 2007 and 8.2 percent in 2008. Prior fund balance deficits were eliminated.
  • Inter-fund loans, taking money from one revenue bucket in the city budget and using it to fund other operations, were eliminated by 2010, improving the fiscal health of the city.
  • The undesignated fund balance -- cash reserves -- moved from a deficit of more than $2 million in 2006 to a positive balance of $206,216. That's still well below the NYS Comptroller's Office recommendation for the city of $700,000 to $1.4 million.
  • There were property-tax increases of 1.6 percent and 1.55 percent in 2009 and 2010.
  • In March 2010, the city council adopted a Water and Sewer Capital Infrastructure Plan to address the city's aging infrastructure. The plan lays out a 10-year road map for infrastructure replacement with no more than a 4-percent increase in water rates and no increase in sewer rates.
  • Consolidation of police dispatch with the county has achieved a $215,000 annual savings.
  • In 2008, the city fire department's ambulance service had created a $1,276,350 intra-fund loan to make up for revenue shortfalls in the service. There was no plan to payback the continued operational deficit, jeopardizing the health of the city's general fund. Elimination of the ambulance service has enabled the city to protect its general fund from further revenue drains.
  • In 2007, the city began to aggressively pursue grants and have so far garnered $4 million in state and federal grants, including (but not all): $1.5 million for the Masse-Gateway Project; $150,000 for sidewalks; $411,000 for Bank Street improvements; $260,000 for consolidating dispatch; and $400,000 for a housing rehabilitation program.
  • "We still have many objectives left to accomplish, such as fund balance and reserve fund growth," reads the report.
  • General fund appropriations for 2011/12 are expected to be $14.8 million, with an increase of the property tax to $10.51 per $1,000 of assessed value. Property tax, however, is only one-third of the city's revenue.
  • A state program, Aid to Municipalities, is expected to decrease by $75,000, following a previous decrease of $38,000.
  • $120,000 from the equipment reserve will be used to purchase a new dump truck/snow plow to replace a 26-year-old truck.
  • The major increase in expenses is to cover pensions. Since 2009, the city's retirement contribution has increased 49 percent, or $528,919.
  • The proposed budget includes continued contribution to reserve fund balances totalling $110,000 for equipment, employee benefit accrued liability, retirement, health care and facilities.
  • Workers compensation is going up 9 percent, or $18,000.
  • The city will buy a new detective's car for the police department at a cost of $20,000. There is also an anticipated $5,000 increase in overtime for community policing and a Neighborhood Enforcement Team, which is part of the new strategic plan.
  • The fire department budget is going down by $60,000, primarily because three firefighters have retired, with lower-wage new hires being brought aboard. The union has agreed to let one position remain vacant for a year. Overtime has decreased by $85,000.
  • Employees represented by AFSCME will receive no wage increase. CSEA employees receive a 1.5-percent increase and fire union employees receive a 2.5-percent increase. There is no wage increase for management employees. The city is also facing arbitration with the police union, which is four years in arrears on a new contract.

Demand for job growth behind proposal for new economic development position

By Howard B. Owens

Since the city eliminated a community development director position, downtown retail vacancies have increased to 10 percent of the available space, double what it was in 2007.

At the same time, fewer businesses have applied for assistance through the city's revolving loan fund.

That data, along with responses from a citizen survey, indicate that the city isn't doing enough to spur economic growth. This is the driving force behind a proposal to create a new economic development coordinator position.

While the overall budget for the new position will be $90,000, only $10,000 of it will come from the city. The remainder will come from money currently in the revolving fund program and Micro-Enterprise Program fund.

Both of those programs could fund the new position for two or three years, according to a report prepared for city council, but it is expected that the coordinator will bring in additional grants to make the position self-sustaining.

"If it's not successful after two years, we'll find another approach," said City Manager Jason Molino.

The city is cutting $15,000 from its grant-writing/consulting budget and shifting $10,000 to the new position, for a budgetary savings of $5,000.

Molino said a big part of the new coordinator's job -- the position will have a salary range of $55,000 to $70,000 -- will be to spur small business growth.

The report says a lot of smaller projects, rather than one big project, is what's needed to drive economic growth, especially downtown, which the report says is key to Batavia's economic vitality.

Between 2003 and 2004, according to the report, the revolving loan fund provided $368,500 in loan assistance for 32 projects.

After the previous economic development position was eliminated, from 2008 to 2009, the program provided only $55,000 in assistance for three projects.

The earlier effort created or retained 111.5 jobs, while the job impact in 2008-2009 covered only 34 positions.

The report also notes that in the recent citizen survey, "economic development/job growth" was the number one service-area concern among residents, ahead of public safety. The survey also indicated that economic growth is also where the city is perceived to be having the smallest impact.

City council has yet to vote on the proposed new economic development coordinator position.

Council agrees to lease extension for Muckdogs to play at Dwyer

By Howard B. Owens

In an item added at the least minute to the city council agenda Monday night, the council approved an extension to the Dwyer Stadium lease agreement for the Batavia Muckdogs.

Formalizing the lease agreement extension in a hurry-up fashion was necessary, said City Manager Jason Molino, because it's only been recently that another year of professional baseball in Batavia was "set in stone." 

Once that was in place, Molino said, the New York-Penn League demanded a lease agreement be in place well before the start of the season.

The NY-Penn League has been pretty demanding during the off season, Molino said, and the city has, in response, made improvements to the field and locker rooms.

"You talk about unfunded state mandates," Molino said. "Minor league baseball has mandates of its own."

Near the end of the 2010 season, league president Ben Hayes spoke harshly about the condition of the Dwyer playing field. Molino said the field wasn't in the horrid shape Hayes made it out to be, but the league did have some (valid) concerns.

"We addressed those concerns in the fall and the league is satisfied with the changes that we've made," Molino said.

The renewed lease makes few changes to prior agreements and does not increase the funding burden on taxpayers, Molino said.

The primary change is memorializing a capital expense fund balance with a minimum balance of $20,000, though the city has a $60,000 balance currently, Molino said.

Weather: Moderate snowfall expected from storm closing in on region

By Howard B. Owens

From three to six inches of snow will accumulate in parts of Western New York, including Genesee County, as a storm hits the region later this afternoon.

The National Weather Services has issued a winter weather advisory for 4 p.m. today through 5 p.m. tomorrow.

Snowfall over night will likely hinder the Wednesday morning commute, the NWS warns.

At times, in moderate snowfall, visibility will be about a half mile.

Show at GoArt recalls vibrance and vitality of local artist's work

By Howard B. Owens

At one point in the 1960s, Roz Hayes wanted to have her work shown at an art show in the area, but a woman with the artist society in charge of the show told her no.

Hayes, who died June 24 at age 87, was painting modern, abstract works at the time, and the other artists in the society were painting still life, recalled her daughter, Pati Cultrara.

"She said, 'Your art isn’t welcome here. This isn’t what we want,'" Cultrara said. "My mother cried and cried and cried. She cried, because it was art, you know, because whether this lady liked it or not, it was art. "

Hayes, though, would keep painting, moving into ever more colorful motifs, creating work that many people wanted to buy, but few got the chance.

Fifty years after that initial rejection, area residents who appreciate art, particularly the vibrant and expressive pictures of Roz Hayes can, at least one last time, take in a retrospective of her work hosted by GoArt! at Seymour Place, 201 East Main St., Batavia.

"With this exhibit you really get a feeling for the artist and for her evolution," said Genesee-Orleans Regional Arts Council Director Kelly Kiebala. "You can really feel how she really blossomed. It’s so colorful and it's really uplifting to look at her work. I think it leaves you with a really good feeling."

During the opening Saturday, Hayes' three children -- Pati, Nancy Cifelli and Tom Hayes -- were on hand to talk with gallery patrons about their mother's work.

They said Hayes started painting when they were elementary school age, though Pati recalled that her mother always seemed to have a visual sense.

"She would block things out, you know," said Cultrara, holding up her thumb like the prototypical artist. "She was always doing that while we were growing up."

At first, Hayes specialized in landscapes with earthy, natural tones.

Despite the rejection of one local artistic matron, Hayes began to find an audience for her work. People wanted to buy her paintings, so many of those early works wound up in the hands of local residents.

"I wish she didn’t sell as many as she did," said Tom Hayes. "We weren’t the richest people in the world and we actually needed the money. "Then it got to the point where she really hung onto her paintings.

"When we cleaned out her house, we found hundreds and hundreds of paintings. We found them everywhere, under beds, closets, you know, tables."

Hayes' later work, especially after her husband Edward died, became much more careful, and near the end of her life, she started her "Jazz" series, paying tribute to her favorite music.

"Whatever she loved in life, she put on canvas," Cifelli said.

Among the paintings the family found in her home after her death, Cifelli said, is one that is now her favorite -- it is of a young Nancy with a white horse she used to ride every summer.

"I never even saw it before," Cifelli said.

Asked what her highly regarded mother meant to her, Cifelli said she never thought of her that way.

“I appreciate her artwork, but I always looked at her more as my mom than as an artist," Cifelli said.

Pati, Nancy and Tom all describe Roz as a woman of great energy, a positive outlook and a multitude of interests.

Hayes took dance and psychology classes, studied piano, collected books and loved going to flea markets.

"She had thousands of books," Cultrara said. "There wasn't anything she didn't want to learn."

While Roz loved New Orleans and its music, and was fascinated by the life of the place, the artist, who never traveled, never visited the cradle of all that jazz music she loved, Tom said.

While in her later career, Roz didn't sell much of her work, she did like showing it off, Cultrara said.

"She glowed (when she showed her work)," Cultrara said. "It meant that people felt it and they liked it and it made her glow. ... To her, art was filling, like when you’re full. You know, when you eat, you’re full. When she painted, it filled her with – well, she was full."

The exhibit runs through Feb. 15.

Tickets are $2 each or three for $5 and are available at GoArt! and online.

For more information, or to make an appointment during non-gallery hours, contact the GoArt! at (585) 343-9313.

Top photo: Nancy, Pati and Tom.

City budget includes proposed property tax increase

By Howard B. Owens

The proposed City of Batavia budget for 2011/12 includes an increase in the property tax levy, taking it up to $10.51 per thousand dollars of assessed value, an increase of 1.59 percent.

The owner of a $80,000 home would pay $13 more per year.

It's a 16-cent increase over the previous year.

Total anticipated revenue for the budget year is projected at $14,800,662.

In connection with release of the budget, the city is releasing a strategic plan. Part of the plan funded in the proposed budget is the creation of an economic development director with a salary of $55,000 to $70,000.

In the proposed budget, the water rate is scheduled to go up 23 13 cents to $4.31 per 1,000 gallons. (strke-thru is correcting a typo in original city press release)

Fast facts: Batavia Players' new theater

By Daniel Crofts

Some of our readers had questions after reading Thursday's, "Opening gala showcases Batavia players' new theater on Harvester."

Here's some more information:

  • Seating/Capacity: The new theater seats between 100-140 people.
  • Ticket prices: These will vary depending on the show. The first play to be performed in the Harvester location will be an Honesty Theatre performance (click here for more information on this group) on Jan. 22; admission will be $10 per adult, $8 for children and seniors.
  • Theater hours: At this time, according to Batavia Players' Board President Patrick Burk, the space is only open for rehearsals and performances. Burk hopes, eventually, to have people working there "around the clock" on various projects. 
  • To read more about the new theater space, visit www.bataviaplayers.org/new-theater-space.

Police Beat: Felony DWI charge after driver reportedly hits hydrant on Bank Street

By Howard B. Owens

Cortney L. Richardson, 28, of 77 Walden Creek Drive, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, speed not reasonable and failure to keep right. Richardson was charged following a one-car, non-injury accident on Bank Street, Batavia, at 2:40 a.m., Friday. Richardson's car reportedly hit a fire hydrant on Bank Street after he allegedly failed to negotiate a turn at Denio Street. Bail was set at $7,500.

Mark Wilhem Hanel, 39, of Swamp Road, Bergen, is charged with criminal contempt, 2nd, and criminal possession of a controlled substance, 7th. Hanel is accused of being in the house of a person he was barred by court order from contacting. Upon his arrest, Hanel was searched and allegedly found in possession of a controlled substance. Bail was set at $2,500.

John M. Taggert, 28, of 16 North Lyons St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating with insufficient headlights. Taggert was stopped on Main Street, Village of Le Roy, at 12:30 a.m., Saturday, by Le Roy Police.

John R. Sherman, 33, of Lima, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Sherman was stopped at 10:20 p.m., Friday, on Route 5 in Stafford by State Police.

Sheriff's Office looking for witnesses to accident in Le Roy

By Howard B. Owens

The Sheriff's Office is looking for anybody who witnessed a non-injury accident Thursday morning on Route 19, Le Roy.

The accident occurred at 6:14 a.m. in front of Le Roy Manor, 8678 Lake Street Road.

A green 2000 Ford Taurus, driven by Deborah A. Rodgers, 43, was pulling from the driveway of Le Roy Manor preparing to turn south when it was struck by a red 2002 Hyundai driven by Leslie J. Exford, 48.

Exford was passing a northbound tractor-trailer. The accident occurred in the southbound lane.

Witnesses are asked to call Deputy Frank Bordonaro at 345-3000, ext. 3229.

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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