batavia

Valene May Blackwell, 26, of 22 Tracy Ave. Batavia, is charged with petit larceny. Blackwell is accused of shoplifting $35.91 in items from Kmart.

Ryan M. Bobzin, 21, of Byron, is charged with unlawful possession of marijuana and driving a vehicle with a suspended registration. Bobzin was reportedly stopped by State Police on Route 237 in Byron on Monday at 10:45 a.m.

Jonathan A. Brenkus, 21, of Elba, is charged with unlawful possession of marijuana, aggravated unlicensed operation and driving in excess of 55 mph. Brenkus was reportedly stopped by State Police on Route 33 in Stafford Monday at 8:50 a.m.

When Jason Molino talks about community engagement, and moving city efforts for neighborhood improvement beyond code enforcement and writing grant proposals, its clear he has at least one supporter on City Council.

Last night, when Molino's agenda item came up on neighborhood improvement, only Ferrando spoke up in terms that gets the gist of what the city manager is trying to push.

"I really believe in the part of the report that says that essentially you can’t force people, you can’t intimidate people, you can’t bang people over the head," Ferrando said. "You might get short-term results, but you won’t get long-term results. You’ve got to change the attitude. It’s got to be a positive kind of reinforcement."

He then talked about his experience as a youth sports coach.

"When you talk to kids and you want to turn failure into success, they’ve got to do it," Ferrando said. "You can’t hit them over the head to be good. They’ve got to want to be good. You’ve got to change that whole culture and attitude."

Ferrando concluded with a remembrance of the South Side he knew as a kid.

"A lot of the South Side was an immigrant population," Ferrando said. "They took pride in their property. Those properties were beautiful. Their gardens were beautiful. Even their backyards were beautiful. They took pride because their properties were special. They didn’t have a whole lot. We’ve got to bring that same kind of pride back to our neighborhoods if we’re going to make a difference."

And that's exactly what Molino has been talking about since he first introduced the concept of community engagement at the Oct. 27 council meeting.

To be sure, Molino isn't talking about just feel-good, community-building measures -- his proposal includes code enforcement and grant applications. But he is certainly looking at Batavia's future with far more depth than just throwing money at problems. And he's quite clear: You and I play a role just as vital as cops, firefighters and code enforcers.

Batavia won't grow and improve without community members taking pride and getting involved, which was the point of Molino sharing with council the Geneva Report.

Molino's report to the council included both grants and code enforcement, but underlying Molino's broader efforts is finding ways to promote community engagement. Last night, he just didn't put it as well as Ferrando.

Molino's eight recommendations:

• Neighborhood Revitalization Plan. The city applies for a $25,000 CDBG grant to study the needs of Batavia's neighborhoods and write a plan similar to Geneva's. This plan would bring in much of the community-engagement aspects of neighborhood improvement that Molino (and Ferrando) have discussed, as well as developing a neighborhood-by-neighborhood plan for grants and/or code enforcement.
• Residential Rehabilitation Program. The CDBG program we wrote about previously.
• Housing Rehabilitation Partnership. Partner with an organization like Habitat for Humanity and rehabilitate forclosed homes.
• Trash Can Local Law. Requiring residents to use trash cans instead of plastic bags, which would cut down on trash in the streets and animal problems.
• Exemptions for Multi-Family Conversions. This would provide tax exemptions for home owners who converted three- and four-apartment units back into single-family (or possibly duplex) residences.
• Code Compliance Outreach. Providing information to residents, both home owners and renters, about proper property maintence, and providing renters a hotline to report problems.
• Neighborhood Revitalization Committee. The committee would assist with the revitalization plan if funded, and assist with recommendations and implementation.
• Continue Code Enforcement Efforts. Self explanatory.

In his report, Molino also shot down many of the recommendations of the Neighborhood Improvement Committee for new codes and new enforcement recommendations.

These included:

• Residential rental occupancy permits
• 36-month renewal for occupancy permits
• Rental property tenant registration
• Agent-of-record registration for rental properties.

Molino's report said these proposals were impractical either because of New York State law, expense (such as additional staffing) or inefficient because they didn't improve on current procedures.

The council took no action Monday on Molino's proposals. Council members such as Bob Bialkowski asked for more time to study the reports.

In other council news:

• On a 4-4 vote (with Councilwoman Rose Mary Christian absent) the council failed to approve the sale of property between Ellicott Street and Lehigh Avenue to the railroad. Councilmembers said that the offer of $1,600 for the parcel -- currently not on the tax roles -- was too low. The parcel is landlocked (no street access) and currently seems to serve no useful purpose.
• It turns out that the city's budget for legal services is running low. Lawsuits -- particularly the one with the mall merchants -- is driving up legal fees. The additional expenditures are likely to reach at least $35,000 before the end of the budget year.
• It was Council President Charlie Mallow's last official meeting. We've ask Charlie to write an "outgoing thoughts" post. We'll see if he comes through for us. He said he's already said enough, but has he really?

A pizza delivery driver is apparently in trouble.

A snow-plow operator reports driving along a local roadway (sorry, missed the street name) when a car with a pizza ad on it spun out and hit the snow plow. The driver then reportedly drove away (which, if true, would violate section 600.1 of the New York Vehicle Code: Leaving the scene of a property-damage accident).

The snow plow wasn't damaged, but of course its driver is required to report the incident.

And: Just as I finish writing the above, Batavia Police report identifying the vehicle.

It may be the most anticipated gym opening in Batavia, if not world, history, but Ken Mistler sent a message to his Facebook followers announcing that Next Level Fitness will finally open.

The three-level workout center at Main and Jackson will start straining muscles and pumping hearts on Jan. 2.

Mistler will close Better Bodies on Dec. 24 and use the next week to move equipment from the old gym to the new.

Mistler will be at Next Level on Jan. 1 from 10 a.m. to 3 p.m. to give tours and sign new members.

Michael Joseph Raphael, 20, of 4 Noonan Ave., Batavia, is charged with disorderly conduct. Raphael was arrested yesterday at 5:17 p.m. for allegedly using obscene language and calling another person a name.

A 17-year-old from Darien Center was arrested by State Police arrested and charged with assault and menacing in the third degree. The alleged incident was reported Dec. 4 at 11:27 a.m. No further details were released.

John A. Bilodeau-Redeye, 57, of 493 Bloomingdale Road, Akron, is charged with assault, 2nd degree and menacing in the second. Bilodeau-Redeye reportedly became involved in an argument with his wife over their dogs. Bilodeau-Redeye allegedly struck his wife with a cane and then grabbed a pistol and a shovel. Bilodeau-Redeye then allegedly struck his wife with the shovel while holding the pistol. The incident was investigated by Deputy Kevin McCarthy.

Michael J. Lopez, 26, of 7 Chestnut St., Apt. 3, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation and unsafe lane change. Jose Juan Santiago-Burgos, 21, of 8029 Telephone Road, Le Roy, is charged with criminal possession of a weapon, 4th; and, Derrick J. Krager, 19, of 32 N. Lyon St., lower, Batavia, is charged with disorderly conduct. Lopez was stopped by Officer Dan Coffey on Sunday at 9:37 p.m. for an alleged unsafe lane change. Officer Matthew Baldwin assisted. During the stop, the officers reportedly found Santiago-Burgos in possession of brass knuckles. As for Krager, he allegedly became upset with the police during the traffic stop and punched the car.

Sean J. Allen, 21, of Buffalo, is charged with DWI, refusal and assault, 3rd degree. Allen was arrested after Trooper Tim Ferris observed an apparently disabled blue sedan on Route 33 on Thursday. When he approached the vehicle, he reportedly found a man sleeping in the driver's seat. The woman in the passenger seat claimed the driver, Allen, had punched her in the face. Allen was jailed on $1,500 bail.

Jesse Alvin Russell, 20, of 33 Williams St., upper, Batavia, is charged with unlawful possession of marijuana and possession/consumption of alcohol, under 21. Russell was stopped on Route 98 in the Town of Alexander by Deputy Patrick Reeves. He reported finding marijuana in Russell's vehicle.

Curtis M. James, 29, of 107 Watson St., Batavia, is charged with DWI, consuming alcohol in a vehicle and failure to dim headlines. James was stopped on Ellicott Street by Officer Thad Mart on Sunday at 2:35 a.m.

Frank R. Oneil, 61, of 3591 Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and improper tail lights. Oneil was stopped by Officer E.E. Bolles on Sunday at 3 a.m. on W. Main Street.

Jeffrey Allen Hoag, 40, of 2058 Black Street Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Hoag was charged after his car reportedly struck a tree at 7550 Route 20 in Pavilion.

David M. Bohn, 34, of 8069 Kelsey Road, Batavia, is charged with DWI, failure to keep right, operating with a suspended registration and leaving the scene of a property damage accident. On Thursday, the Sheriff's Office received a report of a two-vehicle accident at 3298 Pratt Road. One pickup truck reportedly sideswiped another and knocked off its side mirror. The suspect vehicle reportedly failed to stop. Shortly after the report of the accident, Deputy Patrick Reeves located the suspect vehicle and arrested Bohn on suspected DWI.

Alexis Anne Czaja, 27, of 60 Drake St., Oakfield, is charged with disorderly conduct. Czaja was taken into custody in Batavia on a bench warrant for failure to appear on the disorderly conduct charge.

Rolando Garcia-Perez, 38, of 15 West Ave., Elba, is charged with illegal entry into the United States. Garcia-Perez was arrested and turned over to the Border Patrol following a one-car accident on Monday at 6:54 a.m.

Derrick W. Jackson, 22, of Oakfield, is charged with menacing in the 3rd degree, criminal mischief, harassment, aggravated harassment and endangering the welfare of a child. Jackson was arrested by State Police on Sunday at 1:51 a.m. No further details provided.

A Batavia woman who admitted this morning to defrauding the Department of Social Services out of $9,278 has until Feb. 12 to pay it all back or face up to two years in prison.

Tami Mileham made a $2,000 payment this morning.

If she makes the remainder of her scheduled payments, she's looking at much less time in jail after pleading guilty to two counts of offering a false instrument in the second degree.

Mileham admitted to making false statements on food stamp applications about a person living in her residence at the time.

Her reduced sentence could either be 60 days in jail, or 60 days of jail time staggered over four months. Otherwise, each count carries a one-year prison term and those terms could be imposed consecutively rather than concurrently.

I was really pleased with how this picture turned out and I'm glad Don Burkel has given me an excuse to re-run it.  This morning he announced the winners of the BID's Holiday Window Contest, and Valle Jewelers won.

Second prize went to Adam Miller Toy & Bicycles and third prize to Spa at Artemis.

Honorable mentions: C.L. Carr/Mistler Building, Continental School of Beauty, Floral Fantasies and WBTA.

Previously: Downtown Christmas Lights

A baby who was shaken and once described by District Attorney Lawrence Friedman as in grave condition is doing much better according to her mother.

This morning we received this e-mail from the mother (who asked that we not use her name):

I want to let everyone know the baby is doing excellent so far. She has made lots of progress. She is taking steps on her own and with help sometimes on her own holding onto to something. She is starting to use her right hand with lots of exercises. She knows the people who have been around her. She dances in her chair when she hears music. She is pretty much almost herself. With lots of prayer from people who know her and people who don't know her, she has come a long way.

Dietrich Williams is accused of shaking the baby girl and slamming the baby's head against a hard surface. He is awaiting trial on charges of assault in the first degree and reckless assault on a child. He pled not guilty to the charges in July. Williams reportedly worked with the mother in Le Roy and was acting as a sitter at the time of the alleged assault.

The mother said she's struggling because she's not working, but "all that counts is that she is getting better."

She said the baby, who will be two in March, is speaking single words and is getting therapy every day.

A Batavia man admitted today that he assaulted a Sheriff's deputy when the deputy arrested him on a failure-to-appear warrant.

The deputy was not seriously injured, by Ryan Lee Krupp, 24, who fled his Pringle Avenue residence and wasn't captured until the following day.

As part of his plea bargain, Krupp also admitted to escape in the second degree.

The two felonies make Krupp a second-time felony offender in New York. In 2005, he was convicted of burglary in the third degree.

He's facing three to seven years in state prison. Judge Robert Noonan will impose sentence after a pre-sentence review is completed by Genesee Justice.

In exchange for his plea on the two felonies, other charges against Krupp were satisfied, according to District Attorney Lawrence Friedman. Those charges include promotion of prison contraband, grand larceny (Friedman said a stolen credit card was found in Krupp's residence) and the charge behind the original failure to appear, possession of a forged instrument.

Previously:

• Police Beat: Suspect accused of assault on deputy faces more charges
• Police Beat: Man accused of imprisonment in Oakfield (another item is about Krupp, not the headline item)
• News roundup: Searching for chiefs (another item is about Krupp)

There is apparently a slick sheet of ice on Oak Street and there have already been at least two minor accidents. Police are taking measures to get drivers to slow down.

UPDATE 11:25 a.m.: I missed the start of this call, so was unclear about what part of Oak. I drove out by the Thruway first, but it wasn't there. It was just south of the bridge going over Tonawanda, just before the roundabout. The accident scene is clear now and the area has been salted.

The Verizon Wireless store at 8351 Lewiston Road, Batavia, has been evacuated because of the smell of natural gas inside the store.

Batavia Fire is responding.

It's a complaint I heard from Downtown Batavia merchants last winter, and a sore subject that came up at a BID meeting over the winter -- snow piled up along Main Street. Now merchants are grumbling again after the first big snow storm this year.

The big mounds make it exceptionally hard for customers to come downtown, park on Main and walk into a business. Generally, when the snow is piled up like it is, only the driver can get out of a car and then must walk a half a block or more in traffic to the nearest opening to gain access to the sidewalk -- and then walk back to the business he or she wants to enter.

Ken Mistler, who is opening a gym at Main and Jackson in a few weeks, is also concerned about the practice of city public works crews piling up snow right in the middle of the parking lot behind his building. The large pile can take up as many as 20 parking spaces, and with several popular businesses on Jackson, that doesn't leave much parking room left with convenient access to those businesses and the gym.

He said he isn't worried about his customers walking some distance to get into the gym -- they are, after all, into fitness -- but he is concerned that the additional parking his gym requires means that customers of the Jackson Street businesses will find it harder to park and face longer walks.

Those 20 or so spaces are much needed, Mistler said, so he suggested the snow be piled behind the empty Latina's market, not in the middle of the most used parking area off Jackson.

City Manager Jason Molino said the city is constantly reviewing snow plowing and removal procedures, but removal is not a priority during a storm and can only be accomplished as manpower and equipment availability dictates.

"Our first priority, when we have a snow storm like yesterday, is to make sure the thoroughfares are clean, the major arteries in the city are clear, and then the side streets and then we get into snow removal," Molino said during an interview on Friday.

At the BID meeting this summer, Board President John Roche said downtown merchants need to be vocal about letting City Hall know that they want to see snow removal become more of a priority this year.

We'll see what happens.

Hearkening back to a speech Jason Molino made at a City Council meeting in October, the city manager has asked council members to read a 74-page report from Geneva about its community-improvement efforts.

It isn't that Molino thinks the specific recommendations in the Geneva report are right for Batavia, but he's impressed by the process Geneva went through, and the effort it's putting forth at community development.

The report fits right in with everything Molino previously said about the need to improve community engagement among residents at a neighborhood level.

"It was an engaging process, a planning process where they took actual housing data, actual income data and data from residents in the community and said 'This is what the neighborhoods are made up of. Here are areas to focus on in each neighborhood to achieve some better results,'" Molino said during an interview Friday. "When you’re dealing with limited resources, I think that’s the targeted approach you have to take."

Based on the report and Molino's previous speech, the city manager is aiming to take a much broader approach to improve the quality of life in Batavia. Just throwing money at a problem or ramping up code enforcement isn't going to do the job, and he said as much Friday.

"What’s interesting is they talk about how different neighborhoods need to have different senses of identity and community building aspects of that -- you know, neighborhood pride, neighborhood identity, more so than we need to get in and inspect all these properties."

The approach Geneva is taking isn't for pansies or naysayers. It says quite clearly the city needs to become more entrepreneurial, which means risk, which means trying things that might not work, and not stop trying.

A word on success. The strategies here are not bulletproof. Not all will work the first time. Some won't work after repeated attempts, and so iteration and persistence will be required. The city must be willing to experiment and be flexible. We strongly recommend that the City of Geneva itself become entrepreneurial, that it take measured risks. In these economic times the margin for error is small, but we think the conditions in Geneva require that the city be innovative. This may mean failing in order to succeed, but learning from failure and moving forward, and always within the context of the guiding principles contained in this report.

It wasn't a Christmas card in the mail that put a bit bigger smile on Guy Clark Jr.'s face this morning -- it was a notification from Cub Cadet that Cedar Street Sales and Rentals has been named its 2009 Region 1 Dealer of the Year.

It's the first time Cedar Street has won the award and Clark couldn't wait to spread the news.

"I'm very excited," he said.

The award recognizes both the increased sales volume of Cub Cadet products at Cedar Street, but also the extra effort Clark puts into displaying and marketing Cub Cadet products.

One of the innovations Clark introduced that drew the attention of the Cleveland, Ohio-based company is a utility vehicle test track that Clark installed at his location.

Clark started selling Cub Cadet products in 2001.

“We are happy to present Guy Clark Jr. of Cedar Street Sales and Rental with the 2009 Retailer of the Year Award for the Northeast region,” said Tom Rossman, Cub Cadet director of sales, in a prepared statement. “What makes Cub Cadet such a great organization is having dedicated retailers, like Guy Clark, who embody the Cub Cadet brand in all aspects of their business. Guy’s progressive attitude and innovative ideas have helped Cedar Street Sales and Rentals evolve in a competitive market to continually meet the demands of their customers. In 2009, Cedar Street Sales and Rentals truly set itself apart from the competition.” 

Cub Cadet divides the United States into four sales regions, so Clark is one of only four dealers in the nation recognized by Cub Cadet in 2009.

As a parent, it feels good to be able to give your children the gifts they want on Christmas. Unfortunately, not all families have the means to do this, especially in these hard economic times.

Luckily, there are people like Don Carroll who are here to look out for these children. He started Toys For Kids seven years ago as a way of "paying it forward." 

“I lost my parents when I was 5 and people were very generous to me and my sister at Christmas time," Carroll said. "That’s something I never forgot. So, that’s why I do it.”

He collects money year round to plan for the holiday season. He has been collecting gifts, monetary donations, and has even been getting some help from a collection jar full of change at Clor’s Meat Market. Each year he organizes a solid routine to prepare for the toy drive.

“The way our program is set up is that we go shopping with the money that has been donated. This year we’re probably going to spend a little over $7,000 on buying gifts for the kids. Then we’ll wrap all of the presents the day before. On Sunday, the 20^th we invite the families to the Y at noon and we have Santa Claus come, and we provide a hot meal and we give out the gifts. We give out some of the gifts there and we give gifts to the parents to give to the kids at Christmas time."

This year, there are more families in need than ever, so all donations are graciously accepted.

“We’ve helped a lot of people like mothers who have a lot of kids or grandmothers who are raising their grandkids, and there are working parents who don’t make a lot of money. We get the names of the families from schools, churches and the YMCA.”

If you’re not able to donate gifts or money to the cause, you are welcome to donate your time. The event is expected to be pretty large and all volunteers can be put to good use.

“We’re putting out a sign-up list that’s going to be at the Y for people who want to help us wrap gifts on the 19^th.  Also, on the 20^th we’ll need people to help parents put gifts in their cars and we’ll need help serving food.”

All gifts and cash donations will be accepted at the Batavia YMCA until Saturday, Dec. 19. Checks can be made out to the YMCA including “Toys for Kids” on the memo line.  Anyone who is interested in volunteering their time can sign up there also.

The YMCA is located at 209 E. Main St. Phone is 344-1664.

Diane Paine was all smiles today during the grand opening of her new store at 315 Ellicott St. The store is called Firefly, which captures the spark and sparkle of the eclectic collection of accessories and jewelry (some of it handmade by Paine in the store).