batavia

A preliminary budget approved by the Batavia City Council cuts $376,000 in spending from a previous draft, allowing the proposed property-tax increase to be cut in half.

Instead of anticipating a 3-percent tax increase, city property owners can expect an increase of just under 1.5 percent if the budget gets final approval following a Feb. 8 public hearing.

A good portion of the cut in expenses comes from a $150,000 reduction in the contingency fund. That fund might be needed if the city's unions win its any arbitration cases.

"As I mentioned, it's (cutting the contingency fund) a moderate risk," City Manager Jason Molino said following the meeting. "There's the potential there that there could be retroactive awards that could exceed that, and the city's fund balance position isn't where it should be now, though we're building it. It could be very difficult. One thing that has to be understood is that wages and benefits aren't what they used to be -- all work forces and city employees and unions have to understand that, and this is really their opportunity to recognize that and react to that. The community doesn't have the ability fund these things and in the future we're not going to be able to, and that's just something we're all going to have to react to."

In 2009, the city was forced to pay out $235,000 to the Police Benevolent Association after the union won its arbitration against the city. The city and PBA have yet to resolve all contract issues and the city will be three years behind in potential police raises in March. Two additional union contracts for city workers expire at the end of March.

Both Molino and Council President Marianne Clattenburg agree that some large settlement is likely.

"Something the unions are going to need to realize is that the city does not have the ability to provide that level of benefits," Molino said.

Cutting the property-tax rate increase in half reduces revenue by only $84,000. The additional expense cuts in the budget come from an anticipated $322,000 drop in sales tax revenue.

The spending plan now stands at $5,441,630.

The revised budget also cuts $105,000 from equipment reserve funds for police, fire, public works and facilities.

"They (the Council) did not feel they could support anything more than what was adopted," Clattenburg said. "We're just going to have to continue to live within our means."

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

UPDATE 4:31 p.m.: Stephanie Cooper, 15, who was reported missing earlier has been located, according to police.

Stephanie Cooper, 15, of Batavia, has been reported missing.

Stephanie was last seen between 3 and 4 p.m. Friday in the area of Richmond Avenue and Woodrow Road. Cooper may have gotten into a red van in that area.

Det. Richard Schauf said no other information is available at this time.

Stephanie is 5’2” tall, 120 pounds.

People with information may call the Batavia Police Department at 585-345-6350.

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.

City Fire is being dispatched to 1 City Centre, section 8A, to investigate the odor of wires burning.

UPDATE 10:31 a.m.: Engine 12 went back in service a few minutes ago.

Zach Ashely and his new buddy Ian

Lisa Franclemont with a little one

Lisa and LeAnn Babirad-Burns holding Robert Worthington

Zach Ashely of St Paul Lutheran most recently got home from Haiti with the mission team from Trinity Lutheran. They had arrived to volunteer at the orphange and the earhquake hit the next day. Zach came out on Saturday to volunteer with Care-A-Van Ministries. . He has a love for children and helping people. He said he can't wait to go back to Haiti to be a blessing to others.

Lisa Franclemont is a member of Highpoint church and works at United Memorial Medical Center in the Cancer services program. Lisa herself is a walking miracle. Many people were praying for Lisa after she was struck by a car in August  of 2009. She lost her right kidney, had a broken wrist, torn rotator cuff, and multiple fractures of her pelvis. You would never have known it to see her wandering around  as she was  volunteering with Care-A-Van ministries on Saturday morning visiting with the people and taking their blood pressure.

LeeAnn Babirad-Burns had a miracle of her own as well. LeeAnn had heart surgery last February. She had to be off work for 8 months. During this time is when Lisa needed extra loving  care after arriving home from her injuries and LeeAnn was able to be there to help her out. These young ladies friendship started about 3 years ago. Lisa has been an inspiration to LeeAnn and now LeeAnn is currently enrolled in college to be a nurse.

These three volunteers were a blessing to the 48 families with 156 family members that received groceries and prayer on  Saturday morning.

City Fire is being dispatched to 8 Masse Place for the report of a furnace explosion.

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City Fire is being dispatched -- non-emergency -- to 130 Bank St., the scene of yesterday's fire for the smell of propane.

"The caller believes it's from a tank she relocated," according to the dispatcher.

A fire at 130 Bank St., Batavia, destroyed an old garage and the items inside and partially damaged a neighbor's garage.

The fire was reported about 10:45 a.m. when a resident came home and saw smoke coming from the garage. By the time fire crews were on scene, flames were visible.

The homeowner, a 47-year resident, said he lost an ATV, snow blower, two bikes and other equipment. While Chief Ralph Hyde said he suspected a wood-burning stove in the garage, the owner said he had recently cleaned the stove and it wasn't in use at the time. He suspected it was an electrical fire.

Kelly Herold, a claims supervisor for Tompkins Insurance, was on scene quickly meeting with her clients. She watched the City's firefighters move quickly to dose the flames.

“The Fire Department did a great job," Herold observed. "It was a good save. They were able to contain the fire to the barn with limited damage to the surrounding homes."

The photo was submitted by reader Tricia Zdep. The bottom two photos were submitted by another reader.

The Batavia City Church's "City Gals" - featuring women and girls of all ages - display the cards they made for area veterans on Monday as part of an ongoing project.

Valentine's Day is still weeks away, but the City Gals made 80 cards on Monday for the men and women at the New York State Veteran's Home and the VA Hospital. Each attendee decorated cards with hearts, flowers and other designs while writing messages of love and encouragement. The cards will be sent to both facilities on Valentine's Day.

The idea for this project came from City Church member and volunteer Sue Gagne, who is also a member of the Genesee Veteran's Support Network. After talking to GVSN chairman Jim Neider, who wanted to see a community project of this kind undertaken for the residents of area Veterans' Homes, Gagne felt that the City Church's Women's Ministry (which is coordinating the City Gals project) would be "the perfect venue."

"Our church likes to get involved in the community," Gagne said. "This is the first time we've done [a Valentine's Day project for Veterans], so I look forward to seeing where it goes."

Gagne also said that the ladies are looking to schedule another "work party" (in her own words) in the coming weeks in order to meet the quota they set for themselves.

"We sure could use some help," she adds.

Women and girls of all ages are welcome to come in and help, regardless of whether or not they are members of the City Church.

A Rochester man with 12 prior convictions, including five felonies, rejected a plea offer Wednesday from the Genesee County District Attorney and will go to trial instead.

Reginald Wilson was arrested back in September for allegedly breaking into a home on State Street and was charged with burglary in the 2nd and criminal possession of stolen property. He was reportedly caught driving a vehicle stolen from the residence.

Because of his priors, Judge Robert Noonan initially refused bail to Wilson. But in November, Noonan offered him $100,000 bail or $200,000 bond. He remains in custody.

Yesterday, District Attorney Lawrence Friedman offered Wilson the chance to plead guilty to a class D violent felony in the second degree with sentencing as a second felony offender instead of a persistent offender. If convicted as a persistent offender, Wilson could serve a life sentence.

Wilson nixed the offer and a trial date was set for March 29, with a pretrial conference at 9:30 a.m. and jury selection at 10.

Shackled, wearing orange jail garb, his hair in tiny dreadlock braids, Wilson looked over his right shoulder a couple of times during his brief courtroom appearance. He scanned the gallery for friends or family but there were none.

The judge set a cut-off time at which the DA's offer is off the table for good. It's 11 a.m. Feb. 26.

BATAVIA, NY -- A Town of Pembroke board member was fined $200 yesterday following a bench trial in City Court for allowing fireworks to be detonated during a party at his house in June.

Several hundred people attended the party at Gary DeWind's house, according to Michael Mohun, his attorney. Mohun said the party was thrown in honor of DeWind's son, a major in the Army who was being sent to Afghanistan.

The casings for a total of eight rocket-type fireworks were recovered, Mohun said. "Not hundreds, but eight."

The trial was moved from Town of Pembroke Court to City Court because of DeWind's status as a board member and to avoid any possible conflict of interest. Judge Robert Balbick presided.

The charge was an infraction and carried fine of $80 plus a $120 surcharge.

"There was no property damage and nobody was hurt," Mohun said.

A blue Pontiac Trans Am is on fire with flames coming from the engine on the eastbound side of East Main Street between 400 Towers and Pizza Hut.

Bret L. Bellacosa, 51, of 7852 Hewes Road, Bergen, is charged with grand larceny 4th. Bellacosa is accused of allegedly using his employer's credit card to fill up his personal vehicle with gas on several occasions. The total amount purchased reportedly exceeded $1,000. The case was investigated by Det. Charles Dudek of the Batavia Police Department.

Sean Douglas Lacy, 23, of 7248 W. Bergen Road, Bergen, is charged with harassment 2nd. Lacy was arrested late last night for allegedly punching another person in the face.

Lisa M. Smith, 37, of 5 Thorpe St., Batavia, is charged with criminal contempt 2nd. Smith allegedly called another person in violation of an order of protection.

John T. Kingsley, 32, of Stafford, is charged with 30 counts of petit larceny. Kingsley was arrested Jan. 14 by State Police for allegedly stealing from a business on Veterans Memorial Drive. No further details were released.

Accident reports from the State Police blotter:

8:54 a.m., Jan. 19, Route 77, Pembroke, two vehicles; Driver 1: Tammy M. Corbin, 29, of Batavia; Driver 2: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

My fascination with the old barns of Genesee County continues. This one is on Griswald Road near Route 33.

UPDATE: I changed out the picture. The more I looked at it, the less happy I was with the blue tinge of the previous photo.  I ran it through PhotoShop again and got a better color.

Also, a correction: The barn is in Stafford.

It's that time of year again -- when the City of Batavia officials sit down to look reality in the face and try and figure out how to balance tougher-to-get revenue with ever increasing expenses.

Sales tax is expected to be down, some longtime employees are coming up on retirement, the city's infrastructure is aging and some key pieces of equipment haven't been replaced in decades.

So what about that proposed 3-percent increase in property taxes?

Councilman Frank Ferrando asked City Manager Jason Molino if there is any way to cut it back and Molino said that would be hard, especially if the city wants to start replacing old equipment and start planning for the future.

"Rather than my trying to take apart a budget that's pretty complicated, I look at it as best I can," Ferrando said. "You know the budget and the staff better than all of us. I would rather give you a charge and say, here's what I think our taxpayers would take and you make the adjustments as opposed to me telling you what you should and shouldn't be doing."

Molino explained that the city isn't looking at a tax increase just to raise revenue, but to put the city on a sounder financial footing.

"What we’re starting to look at is if we’re going to invest -- and I look at it as an investment -- you’re going to have to maintain certain levels of service," Molino said. "We're going to have to look at a marginal tax-rate increase. That’s what we’re starting to look at here. All right, if we’re going to have to increase the tax rate a marginal amount, what do we get in return?"

Council President Marianne Clattenburg, after noting how much more difficult the budget picture looks because of weaker-than-expected sales-tax projections, said making the cuts necessary to bring down the tax increase could be difficult.

"There’s always a possibility to cut things," Clattenburg said. "But this year we’re trying to bring back some equipment we’ve deferred and purchase things that we’re going to need if we’re going to fix the streets. We’ve really been budgeting conservatively for quite a number of years now, so when you get to the point we’re in now, with the economy the way it is and dropping revenues, it gets really tough to do."

About the only time the staff-council discussion became animated tonight was when Fire Chief Ralph Hyde tried to explain the need for his department to become ALS (Advanced Life Support) certified. It would allow firefighters to provide critical lifesaving care in those few instances when they are on scene before Mercy EMS. Fourteen firefighters are already trained as paramedics, in part because of current state firefighter hiring requirements.

"This will save a lot more lives than just fighting fires in a city this size," Hyde said, "because there are sometimes these four- and five- and six-minute gaps in response time."

The certification would allow trained and experienced paramedics on the Fire Department staff to provide lifesaving services that right now they cannot legally perform, even though they know how.

Some council members expressed concern about training costs and overtime, but Hyde and Molino said the process of getting and maintaining ALS certification can be cost neutral. That's because of state grants and how internal training programs can be set up --  using the City's on-staff trainer to train personnel from other fire companies.

The council also heard reports on the departments of finance, personnel, youth bureau, assessment, police, public works, and water and sewer.

The next budget workshop is at the Council's next regular Monday meeting.

Pictures: Top, Chief Hyde, left, and Molino. Middle, Police Chief Randy Baker with Molino. Bottom, full council at session.

In honor of the service-based philosophy of the late Rev. Dr. Martin Luther King Jr., Genesee County AmeriCorps and the Retired Senior Volunteer Program (RSVP) held the "Be a Star - GO Volunteer Fair" on Monday at the Batavia Senior Center.

"AmeriCorps headquarters encourages us to do something on Martin Luther King Day in the spirit of Dr. King," said Kathy Frank, AmeriCorps program director for Genesee County.

Many businesses and organizations from Genesee and Orleans counties participated.

Notable examples included:

Genesee County AmeriCorps Frank provided information about the opportunities Genesee County AmeriCorps has for anyone age 17 and older. This organization is well known for matching applicants with local organizations based on the individual interests and organizational needs. Participants earn a stipend and are eligible for an education award that will help pay for college tuition or, in the case of college graduates, student loans. Frank said that legislation was passed in October allowing participants age 55 and older to use that education award to help pay for their children's or grandchildren's college. Anyone interested in learning more should contact Frank through the Genesee County Youth Bureau.

The Ministry of Concern's "Just Friends" Program Bill Hawthorne, who works for the Just Friends program through AmeriCorps Vista, offers information for people ages 18 and older who are interested in volunteering their time to building friendships with children and teens.

"We took over the Big Buddy program in August when the director retired," Hawthorne said. "We have people from all walks of life who devote time to making a difference in kids' lives."

Only eight hours a month are required for each volunteer, and activities can include simple things like playing catch, going for walks, cooking or even just talking. Anyone interested in volunteering should contact Bill at vista@ministryofconcern.org.

CASA for Children Volunteer Linda Buzzell (left) and board member Ed Liesing represent CASA (Court Appointed Special Advocates) for Children, part of a national volunteer association that seeks to help children who are victims of abuse and/or neglect. For more information, contact Tara Pariso at tpariso@co.genesee.ny.us.

Genesee-Orleans Regional Arts Council (GO ART!) Joe Langen, who works at Go Art! through AmeriCorps, provides information about volunteer opportunities for people of all ages in a variety of capacities (assitance at events, office work, ambassadorship, etc). Visit www.goart.org for more information.

Town of Batavia Fire and Mercy EMS are at the scene of a rollover accident on the Thruway near the Batavia exit.

Injuries are reportedly minor. One vehicle is on its roof.

A State Trooper has been requested to the scene.

A Batavia woman awaiting trial in Erie County jail for allegedly trying to suffocate her baby tried to commit suicide, the Buffalo News reports.

Even though she was on suicide watch and reportedly under constant supervision, Marcia Mitchell, 29, somehow managed to swallow the entire contents of a bottle of aspirin.

The News reports Mitchell is in critical but stable condition at a hospital in the Buffalo area.

Mitchell is accused of trying to suffocate her baby in May 2008 while in a Buffalo-area hospital following a fire at her family's home.