We said yesterday that we'd be working on a series of posts related to neighborhood improvement issues. For the first part of our series—not that we've yet flesh out a second part—we would like to focus on problem properties, in particular: what they are and how to deal with them. We've already sent out questions on that topic and left messages with a couple members of the City Council. We expect to hit up a couple more. Council President Charlie Mallow was kind enough to get right back to us, and we have his answers below. He's got some real insights into the issue. Check out his comments.

We're also hoping to hear from you. When does a neighboring home turn from annoyance to nuisance to real problem? How should the city handle its problem properties? When should people be left alone?

Please be sure to check back with the site in the coming days and weeks. We hope to get up many more posts on this issue, which we're sure is an important one for this community.

Answers from Charlie Mallow:

How do you define a problem property?

A problem property is one that isn’t adding to the balance of a neighborhood. It’s the sore thumb of the area. Its owner is not keeping up with maintenance or its residents are causing disturbances. There also has to be some intent to avoid doing routine maintenance or create disturbances routinely. Since anyone could have health problems that keep them from being able to keep up with property maintenance from time to time.

When is it decided that a property owner has been given enough warnings? Is that threshold defined? What action then follows? What action ought to follow?

These thresholds are found in our code and state code. They are pretty ineffective; I would like to see some changes. I would like to see a property given notice and asked to respond, and then I would like to see a follow-up some time later, where a court appearance ticket is issued with a fine. We have been too easy in the past and people know how to work the system at this point.

What are the best ways to take preventive action against absentee landlordism?

Tough question. I believe you need to make it easier for people to own their own home. That’s easier said than done in our current mortgage crisis. Proper property maintenance inspections by city staff will take care of most of the problem. Our cities real issue is that we have not enforced the laws on the books for years. We have been understaffed and this has never been a priority of city government.

What is the difference between a slum lord and a lazy tenant or homeowner? Is there a difference if the outcome is the same? Ought they to be treated differently?

Right now there is no punishment for being a lazy or bad tenant. The landlord gets left holding the bag. There is another side to the problem. Most landlords are good people who care about and for their properties. There are some rotten apples but, we can’t keep beating on landlords and cast them all in a bad light. We need to find a way of punishing the right person. How? That is something we in the NIC (Neighborhood Improvement Committee) have talked about over and over again and can’t seem to find an answer for.

When should a tenant and not the landlord be held responsible for the condition of a property, if ever?

See above..

In the photo above is a neat home on Walnut Street. Batavia has many such colorful and interesting residences. We can only hope that the residents do their best to take care of them.

City police are investigating a string of downtown burglaries over the past several weeks, the most recent at St. Joseph's School on Summit Street, which was broken into twice on Monday and Tuesday, according to the Daily News. Palace of Sweets in Batavia City Centre was the target last week, according to Det. Richard Schauf, who told reporter Scott DeSmit that the thief made off with about $900 in cash and may have had the key to the office.

The burglar broke glass to enter the store and then opened steel blinds which bar entry to the store after-hours, to get back onto the mall concourse and, apparently, leave the building.

Dan's Tire Service and Ponderosa Restaurant were also broken into in August. Nothing was taken from the restaurant. Dan's Tires reported about $155 in cash missing from the register.

The Batavian called the police chief Tuesday morning to get some information about the downtown burglaries. We had received reports of the robberies, and several readers had come to us looking for more information about the city's law enforcement. One reader said she heard a lot of sirens over the weekend, more than seemed usual. We phoned the dispatch center to inquire about the sirens. We were told that they do not log calls in a blotter and were too busy to provide any other information.

Dan DiLaura, owner of Dan's Tire, told us that the burglary there on August 23 happened around 10:00pm. The thief smashed a window at the garage and left a blood trail leading from the entry to the cash register. DiLaura said it was a bit puzzling, because the thief seemed to know the exact location of the money, judging by the trail. Also puzzling, the $1,500 flat-screen television about a dozen feet from the cash register was left untouched.

Residents of Batavia's southside neighborhood assembled outside the home of Anne Marie Starowitz on Chestnut Street yesterday to talk traffic, according to the Daily News. Several city officials came out. Also on hand were engineers from FRA Engineering, the firm that is handling the construction of the Oak Street roundabout.

Reporter Joanne Beck writes:

[Residents] fear what may happen once a roundabout project gets going next spring ... at the intersection of Walnut, South Main, Pearl, Oak and Franklin streets. The plan includes a detour along Route 98, at Law Street, to alleviate some traffic congestion near the construction zone. All of that detoured traffic will then spill into the southside neighborhood, the Starowitz's said.

Councilwoman Rose Mary Christian passed out a letter that said other parts of the city have also been affected by construction projects. That sounds like a good point to make. When we're talking about downtown construction projects and traffic detours, isn't there always a neighborhood that has to bear the brunt of it?

Anne Marie Starowitz:

"My major concern is this is just politics as usual. It's done, and your voice means nothing. These (City Councilmen) are elected to represent us. I'm really concerned about the children."

Residents were told that their concerns will be taken to the city for consideration.

Speaking of construction, the Genesee County Economic Development Center is about finished with all of its projects for the season, save for the Genesee Valley Agri-Business Park. Work will get underway on that project this fall, weather permitting.

Speaking of traffic, a pickup truck was engulfed in flames at the intersection of Lewiston Road and Veterans Memorial Drive in the town of Batavia yesterday afternoon. Traffic through the area was redirected while fire crews put out the blaze.

We encourage you to pick up a copy of the Daily News at your local newsstand. Or, better yet, subscribe at BataviaNews.com.

 Penn State Volleyball is off to a 12-0 start this fall and Byron-Bergen graduate Alyssa D'Errico is having a great season.

The Nittany Lions are the defending NCAA Division I champions and are cruising already this year.

D'Errico played in all 36 matches last season and has played in all 12 thus far in 2008 and is tied for third on the team with 68 digs.

She has 13 assists and 10 service aces.

Penn State will be hosting Purdue on Friday and Illinois on Saturday.

D'Errico led Byron-Bergen to three straight New York State Public High School Athletic Association titles (2004-2006) while earning first-team all-state honors in all three seasons.

Check out this cool little Q&A with D'Errico that is on the Penn State Web site.

Forty-four-year-old Thomas K. Lee was charged with a felony count of first-degree criminal contempt and a felony count of second-degree assault last night, city police said. Lee is accused of violating an order of protection by going to the home of his ex-wife. When police tried to arrest Lee at the home on MacArthur Drive, Lee allegedly punched one of the officers in the face. He was sent to Genesee County Jail without bail.

Richmond Memorial Library will host a book lunch today in the library's Gallery Room at 19 Ross Street in Batavia. Folks are encouraged to come by to hear Bill Kauffman talk about his new book (that's it here to the right) while they eat lunch. They call it "Books Sandwiched In," and it starts at 12:10pm and runs to about 1:00pm, long enough to get a healthy dose of culture, but not too long that you can't make it on your lunch break from work.

From the press release:

Bill Kauffman will talk about his new book, Forgotten Founder, Drunken Prophet: The Life of Luther Martin. The Friends of the Library co-sponsor this free program. Bring your lunch; coffee, tea and cookies are provided.  All welcome. For more information, call the library at (585) 343-9550, ext. 8 or log on to www.batavialibrary.org.

Genesee County legislators last night approved a grant application to study a shared jail facility with Orleans County, according to WBTA's Dan Fischer. Grant funds could total $50,000 for the study, and local taxpayers shouldn't have to pay more than $2,300. Also approved at last night's meeting: the purchase of Finn, a $7,000, 3-year-old, Czechoslovakian German Shepherd who will join the Sheriff's Department as their newest K-9 recruit. Finn's presence means that the current K-9, 10-year-old Jay, can finally start to phase into retirement.

Fischer reports some not-so-good news about the county's ambulance service. It's said that the city of Batavia is charging fees to the surrounding municipalities for providing coverage all over the county. Some towns—Darien and Pembroke are named—have complained that "there have been instances where the city has failed to show up for an emergency call," according to Fischer.

Somehow, we missed this story when it hit the Buffalo News a few days ago: A judge has rulled that Rev. Simon B. Howson, 42, the former rector of Batavia’s St. James Episcopal Church, can proceed with his lawsuit against the Diocese.

Howson claims that he was dismissed from his job after making a sexual harrassment claim against another priest.

Fleming on Friday said the job dispute involves attempts earlier this decade by an admitted homosexual Episcopalian priest now serving in Massachusetts, who used Howson as a spiritual adviser in Batavia, to have sex with Howson, who is heterosexual but unmarried.

Diocesan attorney Brendan P. Kelleher asked the judge to summarily dismiss Howson’s lawsuit on the claim that the dispute is a purely religious controversy to be handled only by church authorities. Fleming argued that Howson’s dispute involves the state Human Rights Law.

...

Howson was suspended in October 2004 because of allegations about stealing church funds, forging church documents and misrepresenting himself. In August 2007, the Episcopal Diocese of Western New York announced that his priestly rights were revoked and he was removed from the priesthood. Thursday, Fleming stressed to Michalek that all the allegations the bishop lodged against Howson were “false” and called the bishop’s actions against Howson “crazy, outrageous and disingenuous.” Fleming told the judge he personally deposed the admittedly homosexual priest recently in Massachusetts and confirmed that priest’s “sexual harassment” of his client.

Howson, "now a hospital chaplain with limited religious duties in the Fresno, Calif., area," is seeking $300,000 in restitution and reinstatment as a priest.

Saturday was a busy day for Habitat at Columbia Ave. in Batavia. The day started out with the regular  10 volunteers. The roof was raised last week and it was time to close up the walls to get ready for colder temps. Soon 5 volunteers ,students from RIT college arrived.Shortly after that 15 students from Houghton College arrived to volunteer. There was flooring to remove,flooring to install ,roofing to replace, and side walls to close up.It was a great day for renovation. A big thanks to all of the volunteers.Visit our web   www.geneseehabitat.com or call (585)345-1656

 The Attica boys soccer team had not won a Genesee Region League match, until Tuesday night.

The Blue Devils scored first then held on to beat visiting Lyndonville 3-0.

"We've been behind in almost every game and we were on a six game losing streak," Attica coach John Dickhut said. "It was nice to get one early on somebody."

Brandon Reiner scored eight minutes in on a header, off a pass by Andy Hagen to get the ball rolling.

Matt Sheffield then scored an unassisted goal eight minutes later.

"We have quite a few guys that can score," Dickhut said. "We had relied on Andy Hagen a lot early on, but just about anybody can put it in. A couple of games ago I changed my strategy and added another forward to boost the offense a bit."

Joe Wolak added an insurance goal late in the second half off a pass by Reiner to cap off the victory and give Attica a 1-5 league and 4-6 overall record.

Goalie Jacob Seiferth made 10 saves.

"We haven't helped him out too much this year," Dickhut said. "This was his first shutout of the year and he didn't have to work super-hard to get it. The defense really helped him out today."

Lyndonville falls to 2-4, 3-5-1.

Here it is, the second episode in our fun-time kitchen recipe series: Cooking with the Dairy Princess. This month, Anika Zuber shows us how to make a dynamite buffalo chicken wing dip. As she'll tell you: it's perfect for "any fun activities," including football parties.

For those of you who missed Episode One, here it is: Strawberry Sorbet Smoothie. Check back this time next month for the next episode.

Attention all you Muckdogs fans and supporters! if you haven't heard, Muckdogs championship t-shirts are available for purchase! Check out the website, muckdogs.com (direct link here: http://muckdogs.com/index.asp?orgid=67&storyid=315&sid=FD4A130C-FED5-441D-8157-560D0254FB2F), for more info!

Articles today in the Daily News on the Batavia City Council meeting, the fire Monday morning in South Byron and the sentencing of Robert Kirkup yesterday in county court were all featured on The Batavian yesterday. That being said, Joanne Beck put together a fine piece on the Council meeting from last night that includes a little more information than was in our post.

Beck takes as the theme of her article: neighborhood problems, taking her cue from several residents who spoke at the meeting. One resident spoke of the problems caused on some city streets as the result of truck traffic being diverted through residential neighborhoods during road construction. Another spoke of zoning concerns. While a third discussed the problem of absentee landlords and detrimental property conditions. Rather than make this article about these three separate issues, Beck finds the common thread: all three are asking for the same thing: a decent neighborhood.

Our question to that: What does it take to make a decent neighborhood, and when does city government know to step in and help out and when to stand back and let be? We're hoping to take a closer look at that question over the next couple weeks, so look for more on that.

In other news, the town of Batavia hired a third-year engineering student from the Rochester Institute of Technology for $10 an hour to help the town "catch up with project work that includes two water districts and the town's farmland protection plan." Joseph Neth, who lives on Wilkinson Road, will work up to 40 hours per week for 13 weeks for the town as part of "a cooperative effort with area colleges that was started by the town last year."

Six new members will be inducted to the Batavia Blue Devil Hall of Fame on Saturday, October 18 at Terry Hills Restaurant and Banquet Facility.

Nancy Viola worked in athletics and served as Athletic Director from 1981-1998, where 14 Batavia teams won Section 5 championships, including a New York State football title in 1981.

Viola was a chairperson for Section 5 girls basketball from 1975-1997 and NYS girls basketball from 1978-1982.

She earned the 1985 Jean Giambrone Rochester Press Radio Award, was inducted into the Section 5 basketball HOF in 2001 and is a member of the Rochester Red Wing Walk of Fame.

Jonathan Walton was a 1974 graduate after playing four years of varsity basketball and three years of both football and baseball, 

Earned all-county honors in both basketball and baseball. He earned second-team all-county honors when he helped the Batavia basketball team go 19-2 during his junior year.

Walton played baseball and basketball at Buffalo State College and was drafted by the Pittsburgh Pirates in 1974.

1964 graduate Douglas King played four years of football, bowling and baseball at Batavia and earned the Judd-Guinlock MVP award as a co-captain during his senior year.

King led the 1964 bowling team with a 194 scoring average.

Compiled an 11-3-2 record on the mound as a senior, tossing a no hitter, four one-hitters and four shutouts.

He was named the best male athlete at BHS in 1964 and was awarded the Mary Delbridge Citizenship award.

King was scouted by the Pittsburgh Pirates, N.Y. Yankees and San Francisco Giants.

Thomas Vincellos is a 1961 graduate and ran four years of cross country and track, and wrestled one season.

He was the Section 5 cross country champion as a senior and led Batavia to four straight Genesee-Wyoming team titles, setting the course record twice.

Vincellos was the best athlete of senior class and earned the Babe Ruth Sportsmanship award in 1961. He was also a three-time recipient of the Dominic Valle Cross Country MVP award.

1943 graduate Don Johnson played football and ran track for four years while playing baseball and basketball for three each.

He was awarded the 1943 Cope-Dowd Award for excellence in Track & Field and was named to the 1943 Section 5 basketball tournament all-star team.

Johnson earned a letter in four sports in his junior and senior years.

Ralph "Buddy" Houseknecht is a 1968 graduate and played three years of baseball and two years of football and basketball.

He won the Judd-Guinlock MVP award as captain of the football team as a senior. Was also a captain on the baseball team.

Houseknecht was named best BHS athlete in 1968 and received a scholarship to Edinboro State College in Pennsylvania where he played football.

Has been a long-time Batavia High School and Blue Devil Athletics supporter as member of Batavia Rotary Club and as President of Pepsi-Cola Batavia Inc.

The 7th Annual Induction Ceremony has a social hour beginning at 5 p.m., followed by a 6 p.m. dinner.

Tickets are available at the Athletic Directors office at Batavia High School. For more information you can call 585-343-2480 ex. 2003

 Well, it took three weeks but a local football player was finally named Section 5 Player of the Week.

Attica's Andy Ruddock rushed for 193 yards on 18 carries as the Blue Devils beat Elba/Byron-Bergen 40-6 Friday night and he earned the offensive honor for Class B.

Ruddock also had a 2-yard touchdown run in the second quarter.

Attica is 2-1 and will be playing at Barker this Saturday.

If you're looking to save a few bucks, learn yoga and taekwondo or get some free grub, you may want to search out the Downtown Batavia Coupon Book. It looks like this:

Inside, you'll find deals for a free cup of java at Main Street Coffee, a week of classes at Cain's Taekwondo, a session of tai chi at Blue Pearl Yoga, $35 off a pair of glasses at Optique, and much much more. The booklets of coupons include more than 30 downtown businesses and cost $2 each. You can find them at these locations:

Adam Miller Toy & Bike, Angotti Beverage,  Carlson’s Studio, Charles Men’s Shop, Christiano Cellular, Continental School of Beauty, Grugnale’s, House of K, Main Street Coffee, Marchese Computer, Optique, The Cutting Shack, The Spa at Artemis, Valle Jewelers and Washington Towers.

Information from the Batavia Business Improvement District.

Christopher R. Waite, 19, of Oakfield, was charged with third-degree criminal trespass Monday, Genesee County sheriff's deputies said. Waite is accused of entering a home on S. Pearl St. without the owner's permission. Deputies did not say why or how Waite entered the property.

Lincoln A. DeCoursey, 30, of Pavilion, was charged with a felony count of driving while intoxicated Monday, deputies said. DeCoursey was stopped and ticketed with speeding on Route 5 in the town of Stafford when deputies found him allegedly under the influence.

Timothy R. Howard, of Lockport, was charged with a felony count of third-degree criminal possession of marijuana Friday, state police said. Howard was allegedly found with nearly 11 ounces of marijuana following a traffic stop on Dysinger Road in the town of Lockport.

Theresa E. Silliman, 40, of 3207 Pratt Road, Batavia, was charged with second-degree harassment Thursday, deputies said. Silliman is accused of slapping another woman across the face during a verbal argument.

WBTA's Dan Fischer reports this morning that "faulty Halloween decorations" may have caused the fire that ripped through a South Byron home yesterday morning. Fire officials said yesterday that the home may be a total loss, estimating the damage at more than $50,000 already. No one was home at the time of the blaze at the property owned by Anthony Frongetta. A pet dog died in the fire.

Found on YouTube, two-video interview with Mike Laycock the VIP coordinator of the DWI Victim Impact Panel.

NOTE: If you are your community group do a video like this and want to share it with the community, you can upload your video to YouTube and then create your own blog post on The Batavian.

The town of Riga and the village of Churchville have developmed a comprehensive plan for the communities' future. That wouldn't be of much interest locally, accept for this bit from the D&C story:

One interesting proposal is the development of a trail system along the Westshore Railroad right of way. Riga and Churchville have teamed with Monroe County and Byron and Bergen in Genesee County in a joint effort to secure funding for a feasibility study. The new trail would begin at the western townline of Byron and end in the central business district of Churchville. The money for the study is coming from the Genesee Transportation Council, a regional organization that oversees the administration and funding of all federal aid transportation projects.

New trails are good.