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Masse Gateway assessment changed, could improve grant chances

By Howard B. Owens

Rose Mary Christian's call to RestoreNY about the Masse Gateway Project caused a bit of a stir at the last City Council meeting, but it also helped uncover a mistake in the grant application, Joanne Beck reports.

It turns out, the property in question doesn't carry an assessed value of $825,000, but $278,000.

Both City Manager Jason Molino and City Council President Charlie Mallow said the change in the grant application will actually improve the city's chances of winning funding.

"I think it adds to the application," he (Molino) said Tuesday. "Unfortunately we didn't have a unanimous vote. Overall, it's still a great project; it's got a decent chance of getting funding."

Deal of the Day: Adam Miller Toy & Bicycles Gift Certificate

By Howard B. Owens

Today's Deal of the Day: A $25 gift certificate from Adam Miller Toy and Bicycle in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

The last time I was in Adam Miller, there was a nice croquet set for sale. With grass getting greener, corquet seems like a great idea for some family and friends fun this time of year.

The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Previous winners of this gift certificate are not eligible for this offer.

Rules: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Police Beat: Man accused of imprisonment in Oakfield

By Howard B. Owens

Timothy Grice, 47, of Oakfield, is accused of unlawful imprisonment, coercion and harassment for allegedly not letting a housemate leave their residence. Sheriff's deputies responded to the house after receiving a 911 call yesterday at 10:10 a.m..  Grice reportedly punched, kicked and held the housemate. Grice allegedly also tried to grab the phone to prevent the housemate from calling 911.

Ryan L. Krupp, 23, of Batavia is accused of cashing a forged check from another Batavia resident at a local bank. He is charged with one count of criminal possession of a forged instrument and held in Genesee County Jail on $5,000 bail.

Ruben Torres, 19, of Mt. Morris, was stopped in Stafford April 24 at 2 p.m. for an allegedly obscured license plate. During a search, deputies reportedly found marijuana and cocaine. Torres is charged with criminal possession of a controlled substance and unlawful possession of marijuana.

Friday: The Batavian turns 1-year-old

By Howard B. Owens

The official launch of The Batavian was May 1, 2008.

Friday, we celebrate our 1st Anniversary.

We're going to have a little party at T.F. Brown's from 5 p.m. to 7 p.m.   We'll provide $200 in finger foods.  If you can make it, you're on you own for drinks or dinner.

I hope you can make it.  Brian Hillabush will be there, but unfortunately, Philip Anselmo has prior plans.

It's been a heck of a first year.  When we launched The Batavian, it was part of a multi-state media company.  Now, I'm the sole propritor.  A year a ago, I couldn't have predicted that -- I wouldn't have wanted to predict that, frankly, though now I'm exceptionally happy with how things worked out.  The Batavian should be independently owned.  I'm proud to own it.

I'm excited about the future of The Batavian.  I can't wait for us to sell our Pittsford house and get moved out to Batavia.  When that happens, I'll be able to do more both on the coverage aspect and for site sponsors.

To all of you who have supported The Batavian over the past year, thank you.  I hope you can make it to T.F. Brown's on Friday.

Gas leak in Village of LeRoy last night had Main Street shut down

By Howard B. Owens

A reader e-mailed us this morning and asked why Main Street in LeRoy was shut down last night.

In response to our inquiry, we just received this e-mail from Deputy Chief Tom Wood:

There was a natural gas leak in the Vintage and Vougue store. The gas leak was in the basement on one of the meters.  Gas odor had spread to to other buildings additional alarm was tramitted for Caledonia and Pavilion Fire Dept.  and residents were evacuated and Main St was shut down for the call.  RG&E arrived and fix the problem

National Poetry Month Contest Winner Announced

By Darrick Coleman

Each year Present Tense holds a poetry contest and announces the winners at the end of April, which is National Poetry Month. More than 75 poems were submitted for this year's contest. The 2009 winners and poems are listed here: http://www.presenttensebooks.com/events/contest.php

Burning house in Pembroke last night, just training

By Howard B. Owens

A reader sent an e-mail this afternoon asking why we didn't have information today on the full-engulfed house fire on Lake Road in Pembroke last night.

It was news to me. There was no press release, WBTA didn't have the story and neither did the Daily.

Tim Yaeger, office of Emergency Management, said the fire was a routine Monday night training drill.

"It was a house that was damaged in a fire last summer," Yaeger said. "It was used for training purposes."

Our reader writes:

I saw it burning, the entire place was engulfed. I have never seen a house go  up like that one seemed to. The flames were on the outside and going from the  ground up on every wall. Usually houses burn and have some part at least on  the outside without visible flames but not this one. It was a scary scene. 

Too bad we don't have pictures.

UPDATE: The picture below was submitted by Peter Sformo.

Three shopping plazas in Batavia up for sale

By Howard B. Owens

Three shopping plazas, including Tops, have been put up for sale by the conglomerate that owns them.

The Buffalo News reports the sell-off are part of a larger effort by Developers Diversified Realty Corp. to unload 52 shopping plazas in 20 states, valued at about $1.9 billion. Fourteen are in Western New York.

Also slated for sale locally are Batavia Commons and B.J.'s Plaza.

Darian hog farmer concerned about Swine Flu news impact on prices

By Howard B. Owens

Commodity traders pushed down the price of hogs yesterday and the trend continues so far today, which has Charlie Miller, owner of Willow Ridge Farms in Darien, just a little worried.

Miller's operation sells 200 to 250 hogs every week, and the worldwide recession had already sent prices down from 80 cents per pound two months ago to around 70 cents. Yesterday, prices dropped to 66 cents.

The reason? Panic over Swine Flu.

Never mind that health officials state flat out that the disease cannot be transmitted from eating food. Commodity traders -- who place bets on the anticipated future price of items -- believe the flu scare will deepen a trend of over supply in pork.

Miller said as of this morning, the cash market, the current price of hog meat, had not yet been effected.

"We have six families involved in ownership and operations of the farm," Miller said. "When things don't go well in the market, it impacts more people beyond just individual needs. And it also impacts everybody we do business with."

The National Pork Producers Council reiterated points made by the National Center for Disease Control that eating pork cannot transmit the disease to humans. Further, there is no evidence that the current strain was contracted by humans from pigs.

Miller noted that the current outbreak shouldn't even be called Swine Flu because it is a different strain with more in common with Avian Flu. "It should be called North American Flu," he said.

The World Health Organization has identified only 79 cases worldwide, and the only reported deaths have been in Mexico, according to ABC Radio News.

"Often times things like this happen and people get worried and emotional," Miller said. "I encourage people to use the information from groups such as the Center for Disease Control to make their food-buying decisions."

Photo Illustration courtesy Flickr member The Pug Father.

Shopping in your hometown has its advantages

By Howard B. Owens

When you shop at locally owned businesses, you're helping to keep more of your dollars in the local community. A locally owned business owner has made a long-term investment in the community and is more likely to serve on community boards, volunteer for non-profit organizations and donate to local charities.

Meanwhile, out-of-town chains usually employ revolving-door management, will close locations regardless of the impact on the community and often seek tax subsidies out of proportion of the financial benefit to the region.

In fact, large retailers such as Wal-Mart often have minimal impact on an improved job opportunity and revenue growth because of the number of small businesses such big box retailers displace.

These are some of the points made by Stacy Mitchell in The Hometown Advantage, published in 2000 by the Institute for Local Self Reliance.

The subtitle helps tell the story: "How to Defend Your Main Street Against Chain Stores ... and Why It Matters."

Mitchell's suggestions for protecting Main Street range from local solutions such amending master plans to prohibit stores over certain square footage, prohibiting "formula" stores (each location must be unique from other stores in the chain), and up to the state level, which includes additional tax levies on chains that own and operate more than one outlet in the state.

Locally owned businesses are the backbone and heart of economic vitality for any community. The long-term health of a community that has lost its local businesses is sketchy at best.

The Hometown Advantage is out of print, but Erica  Caldwell at Present Tense on Washington Avenue tells me she can easily special order copies. She is also getting into stock the next book by Mitchell, The Big Box Swindle, which goes into more depth on the issue of major chain retailers and their impact on local communities. That's next on my reading list.

Single car accident this morning reported in Pembroke

By Howard B. Owens

The teen-age driver a 1991 Dodge sedan suffered a minor injury in a single-vehicle accident this morning in Pembroke.

Genevieve K. Sprague, 18, complained of back pain after the accident at 2508 Route 5, 200 feet east of West Avenue.

For an unreported reason, Sprague drove the vehicle off the road, struck a utility poll and fence.

A passenger in the vehicle, Michelle Sprague, age unknown, was not hurt the crash.

Both women are from Batavia. The accident was reported at 6:28 a.m.

Deal of the Day: Mancuso Bowling Center

By Howard B. Owens

Today's Deal of the Day: Today we have three (3) gift certificates from Mancuso Bowling Center for a Friday or Saturday night "Rock 'n' Bowl."

Value of each is $17. The Batavian good-deal price: $10 each. That's $7 off!.

"Rock 'n' Bowl" runs every Friday and Saturday night from 9:30 p.m. to midnight.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate.

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

SOLD

Police Beat: DWI arrest follows report of domestic incident

By Howard B. Owens

Joseph E. Buckley, 47, of Batavia, was arrested yesterday at 5:30 p.m. and charged with a felony DWI. The aggravated charge arose from a previous DWI conviction within the past 10 years. He is also accused of consuming alcohol in a motor vehicle. Buckley was stopped after police received a call about a domestic incident. He is being held without bail.

UPDATE, 10:35 a.m.

Just released: A 17-year-old was arrested April 22 at Batavia High for allegedly possessing marijuana. The youth, from Batavia, is scheduled to appear in court May 6 on the charge.

Local law enforcement leaders discourage police use of mobile phones while driving

By Howard B. Owens

So we here on The Batavian, had some debate over the past day or two about the need/wisdom for hands-free driving rules, whether New York should have outlawed cellphone use while driving.

And that prompted me to note that I've seen a few cops in Monroe County, at least, but none so far in Genesee County, gabbing on mobile phones will driving patrol cars.

That's always bugged me.  I've never gotten a ticket for such an offense, but friends have, and if cops are going to enforce a law, they should obey it.

So I contacted Sheriff Gary Maha and Batavia Chief Randy Baker to see what the local policies are -- not the most earth shaking issue to raise with local law enforcement, but still good information to know.

Sheriff Maha responded via e-mail:

We do have a written policy (copy attached).  Keep in mind  police officers, a peace officer, a member of a fire department, or an operator of an authorized emergency vehicle are exempt from this law when acting in the performance of their duties.

Download the PDF of the policy here.

I caught up with Chief Baker after the City Council meeting. He said Batavia PD has no written policy, but he's verbally and strongly encouraged Batavia PD officers to avoid using mobile phones while driving for personal use.

Changes slated for Bank Street crosswalk

By Howard B. Owens

With out a vote, but by consensus the City Council agreed Monday night to make two key changes to the Bank Street crosswalk, connecting the City Centre parking lot to Genesee County for the Aging.

The cross walk will be restriped to help make drivers more aware of the cross walk, and removable rumble strips (so that can be taken up during winter) that will alert drivers to the cross walk, will be added to the area, which is close to the Bank Street intersection with Main Street.

In response to a council question, City Manager Jason Molino said there have been no known car-pedestrian accidents -- which Chief Randy Baker said was right -- at the crosswalk, but because of the heavy traffic, the number of seniors who use the crosswalk and the number of ingress/egress points on Bank Street, improved safety was a good idea.

A third safety change -- adding a left-turn-only sign to the exit of the YMCA parking lot will require a code change and a public hearing. No date was set for that hearing.

Rosemary Christian casts lone vote against Masse Gateway Project funding

By Howard B. Owens

At tonight's special council meeting, there wasn't too much debate about the three resolutions authorizing the city to apply for RestoreNY funding to spur development of the Masse Gateway Project, but there was tussle over individual council members should be contacting state agencies and possibly subverting the will of the council.

Prior to the vote, council member Rosemary Christian asked a series of questions and made statements that indicated she had been in contact with RestoreNY officials, possibly suggesting the city should not pursue the grant.

Marianne Clattenburg raised a point of order, asking whether it was appropriate for individual council members to contact state agencies about pending council business.

City Attorney George Van Nest said such conduct was inconsistent with City Council rules and the city charter.

When Clattenburg raised an objection to council members making such contact, Christian interrupted and said that she would make such contact if she thought it was necessary.

At that point, City Council President Charlie Mallow handed out a copy the council rules.

"It says council members can't act as individual members," Mallow said.

Council member Kathy Briggs asked a clarifying question: Can a council member ask purely information questions of another agency, without expressing any views? Van Nest said yes.

It's unclear whether Christian contacted RestoreNY on a purely information basis or conveyed information that could run counter to the council vote.

Speaking of the vote, all three resolutions passed with only Christian voting no and Council member Bob Bialkowski abstaining because of a potential conflict of interest.

After the meeting, property owner Tom Mancuso said: "I"m very grateful that the council saw this as a worthwhile project support and now I hope the state will agree."

Previously:

UPDATE: Joanne Beck posted her coverage tonight, as well.

UPDATE: Dan Fischer at WBTA posted a bit of the conflict on audio. Listen here.

Top Local Scholars: Andrea Bennion

By Tasia Boland

Andrea Bennion is a fourth grader at Jackson Elementary with a passion to get involved, and it influences her actions in and outside of school.

Her talents range from playing the flute in band, piano at home, earning awards in Girl Scouts, entering book competitions, swimming at GCC and soccer in the summer.

Bennion's mother Brenda was thrilled to find out her daughter was selected as a top scholar for The Batavian. You could see how proud she was by watching her expression as her daughter talked about all the activities she is involved in.

"She is an all around good girl," said Bennion's mother. "She is my energizer bunny, she keeps me going."

Bennion is a go-getter and is very humble in all she does. Piano is her favorite instrument to play and she hopes to one day learn to play the guitar like her father, Mike.

She loves all the projects assigned in fourth grade and is excited to attend middle school because her sister has told her many great things about it.

When Bennion isn't playing an instrument or competing in the Page Turners Competition, she can be found in the kitchen cooking omelets and pancakes, or if she isn't cooking  she munches her favorite foods: bacon or Chinese.

She loves reading The Tinkerbell series books because she enjoys getting to know all the different fairy characters.

In the summer she will be out on the soccer field hoping she doesn't see any snakes. Snakes are her greatest fear, and she would definitely scream if she saw one.

One day we could see Bennion being a kindergarten teacher or an artist. Which ever she picks she will go on to do great things, and will always be reminded of her mother's strengths, because her mother is her hero.

Be sure to check out the video of Bennion playing her piano.

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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