batavia

City Council President Charlie Mallow, who was rumored a few weeks ago to be a candidate for County Legislature, issued a statement moments ago saying that he's withdrawing from elective politics.

He won't seek re-election nor a seat on the County Legislature. Mallow expresses no intention to run for any other office in the future.

He will finish his current term.

Here's his statement:

I appreciate the faith that people placed in me by electing me to a term on City Council and it has been a real honor to serve the last four years. It should not come to a shock to anyone I have ever spoken to but, I will not seek another term. It was never my intention to run  for more than one term and I have no desire to be a politician. My time on City Council has been a life changing experience and I wanted  to thank each and every one of you that gave me the opportunity to represent you. After spending my time on Council, I have a new perspective on small town politics. Batavia is a great place to live and I hope other people will decide to step up and serve our city. I don't believe the public is served well by career politicians and I support term limits. I did consider running for Legislature but, I have withdrawn my name from consideration. I will serve out my current term on Council as promised.

When I was in Mother's for lunch on Friday,  Tim Chugg didn't say anything about closing for remodeling.

He did make a remark that I took as more hyperbole than reality that his frustration with the Ellicott Street situation had him thinking about throwing in the towel.

As of at least yesterday, there are signs up at Mother's saying the restaurant is closed for remodeling. A phone call to Mother's gets you a recording of Tim's voice saying that Mother's is closed and they will advertise when they reopen.

John Ferry, who did and may still own Mother's, is out of the area, I'm told, and I'm not sure how to contact him.  Tim Chugg doesn't have a listed number.

So who knows what's going on, but unless Tim is planning something very different for some part of the store, everything seemed in good shape when I was there.

I'm posting this in the hopes that it brings forward Tim or John to provide more details on their plans.

UPDATE: Tim Chugg left me a voice mail a little while ago. "I don't know why you're trying to bring me forward or John. It's real simple, temporarily closed for remodeling. That's it." When I called Tim back, I asked him what kind of remodeling he was doing and he said, "No comment. It's just what the sign says."

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."

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

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.

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.

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

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.

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.

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.

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:

• Today's Poll: Should the city seek state funding for Masse Gateway Project?
• Batavia council schedules public hearing on Masse Gateway Project
• Masse Gateway Project public hearing draws light turnout
• Masse Gateway Project up for council vote Monday
• Cox and Christian raising questions about proposed Masse Gateway Project
• Video: Tom Mancuso talks about Masse Gateway Project
• City may seek $2.5 million state grant to help with Masse Gateway Project

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

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

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.

Firefighters are responding to a reported car fire at 633 West Main, Monro Muffler and Brake.

A police officer on scene reports smoke and flames. The vehicle is some distance from the building.

UPDATE: Minutes after posting this, personnel on scene reported the fire appeared to be out. Firefighters arriving at the scene said they would hose down the vehicle.

NOTE: Originally, we reported this at 133, but it was 633 W. Main St.

UPDATE 11:45 p.m.: OK, this is really bad, and comical at this point in number of corrections -- First, 133 Main St. as originally reported was correct.  But it wasn't Batavia. I was LeRoy. But it was Monro, as originally reported.  This according to Chief Tom Wood of LeRoy FD.

Robert D. Wood, 18, of Batavia, in being held without bail in Genesee County Jail and charged with a felony count of burglary. Wood is accused of helping another person enter an apartment so that person could attack somebody inside the apartment.

Tracylee Cayea, 39, of Livonia, is charged with criminal contempt in the second degree. Cayea allegedly violated an order of protection by going to her ex-boyfriend's home in Pavilion.

Michael J. Pask, 39, of Basom, is charged with DWI following a traffic stop in Oakfield. Pask was allegedly driving with a BAC of .08 or greater.

Daniel J. Staebell, 42, of Corfu, is charged with DWI following a traffic stop in Pembroke. Staebell was allegedly driving with a BAC of .08 or greater.

UPDATE: I initially missed the press releases for the following two arrests, so updating this post.

Derek F. McQueen, 21, of Corfu, charged with aggravated harassment and held on $500 bail. McQueen is accused of sending threatening text messages to his ex-girlfriend.

Robert J. Shutt, 26, of Batavia, charged with DWI following a reported traffic stop. He is accused for driving with a BAC of .08 or greater and drinking alcohol in a motor vehicle.