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100 years ago in Batavia history: Charter proposal stalled in Legislature

By Larry Barnes

Batavia officially became a city on January 1, 1915, after having been an incorporated village since 1823.  The transition involved a progression through several steps during 1914.  During 2014, I will be acknowledging each of these events 100 years after their occurrence.

In 1914, there were two competing proposals for how Batavia should function as a city.  One had been prepared by a Charter Revision Commission appointed several years earlier.  The other was a more recent proposal created by the Village Board of Aldermen, the equivalent of today’s City Council.  The Commission’s proposal entailed a city government consisting of a city manager and five non-partisan councilmen elected at large.  The Aldermen’s proposal provided for a city government consisting of a mayor elected at large and six councilmen, each elected from a city ward, with all seven individuals having affiliations with a political party

In order for Batavia to be incorporated as a city within the coming year, one of these proposals or some variation of it, had to be approved by the State legislature and signed by the governor.  A hearing on the two proposals was held on March 10, 1914 by a joint committee composed of senators and assemblymen.  When the competing proposals were later taken up in the Assembly for final action, only the Aldermen’s proposal had sufficient support to gain passage.  Thus, it became clear that if Batavia was soon to become a city, it was going to operate under a traditional arrangement that featured partisan politics, a strong mayor, and councilmen elected from wards.

However, the matter was far from being settled.  One hundred years ago, today, the Assembly was ready to vote.  But, the current legislative session was scheduled to end the next day and it seemed doubtful that the Senate would have enough time to act.  The prospects looked especially bleak when two key senators objected to efforts that were designed to speed passage of the Aldermen’s bill.   It seemed that time had run out and Batavia would not become a city in the next year.

Tomorrow, I will let you know what what happened next.

Sponsored Post: Join us for our first annual Movie Awards Viewing Party at Batavia Downs!

By Lisa Ace

Batavia Downs Gaming invites you to watch the Oscars this Sunday night in style! Grandstands Bar & Grille will be hosting a Movie Awards Viewing Party from 5:30 p.m. until the show ends.

Cost is just $69.95 per couple which gets you each:
  • $25 in Free Play
  • Dinner including carving station with tenderloin, pasta station, shrimp cocktails
  • Hand Passed hors d'oeuvres
  • Rent One/Get One coupon from Family Video
  • Chocolate from Oliver's
  • Vodka tasting from Grey Goose
  • Access to our dessert station with a chocolate fountain!
You'll also participate in a "Pick The Award Winners" contest with prizes like Free Play, Batavia Downs Gear and Gift Certificates from Family Video!
 
You can also walk the red carpet and get your picture taken with some celebrities!* We’ll e-mail them to you so you can post them to your social media pages.
 
With the $50 in Free Play you receive, it' s really only a net purchase of $10 per person! Call Mary for Reservations today at 585-343-3750, ext. 468.
*Please note – celebrities made of cardboard.

Defense and big game by Fagan carry Blue Devils past Newark in Section V playoff game

By Howard B. Owens

Memo to Brian Miller, head coach of the Geneva Panthers: If you want to beat Batavia in Sunday's Section V Class A2 Finals, you better figure out how to stop Justice Fagan and Jeff Redband.

Good luck with that.

Teams have been trying all year and stopping the Blue Devil's two standouts just gets harder and harder.

The Newark Reds tried Tuesday night at the Blue Cross Arena in Rochester and found themselves on the losing end of Fagan's biggest game of the year.

The senior captain scored 28 points as the Blue Devils punched their ticket for the finals with a 45-41 win over the #2 seed.

And by all accounts, Redband had an off night, with defenders constantly in his face, but he still managed 15 points.

"That's been happening all year (tight defensive coverage)," Redband said. "I didn't do the best with it this game. We had plays to get me the ball, I just wasn't making shots. I'll make them other games. We rode Justice because he was having the greatest game of his season tonight."

Fagan just took the game over in the closing minutes and with under two minutes left, the Blue Devils grabbed the lead and the Reds' fate seemed sealed.

As important as Fagan's big game was, it was really Batavia's defense that secured the victory.

Head Coach Buddy Brasky teaches his players, hold the opponent to less than 52 points and you will always have a chance to win.

The Blue Devils opened sectional play with a 56-37 win over Honeoye Falls-Lima three days ago, and against a Reds team that has put at least 60 points on the board nine times this season, Batavia pinned Newark down at only 41, holding them to 13 in the second half.

Brasky's team switched to a 3-2 zone defense and the Reds never got a handle on how to penetrate it.

"We've hardly played a 3-2 all year," Brasky said. "They (the Blue Devils) just picked it up on the fly and executed it well."

With the Reds left with few inside scoring opportunities, it also meant there were fewer opportunities for Batavia to draw fouls.

In the closing minute and a half, Batavia was shooting bonus free throws and had only committed four second-half fouls themselves. 

"We went to the zone and they didn't attacked it," Brasky said. "There was a lot of pass on the perimeter. They stopped going to the basket, so there wasn't a lot of opportunity for us to foul. They took a lot of outside shots. That's what the zone forced them to do. Justice started attacking. Jeff started attacking. We were going to the basket where they stopped going to the basket. That's the foul differential right there."

Redband went to the line twice and hit all four shots, while neither late-game foul by Batavia resulted in free throws for the Reds and Fagan made a crucial free throw to take away any hope of a three-pointer to tie the game.

"Jeff and Justice are 70-, 80-percent foul shooters," Brasky said. "They come to the school every morning before class and shoot 50 free throws. Every morning. When we've got them at the foul line at the end of games, I'm very confident."

The foul differential was a huge strategic advantage, especially when Batavia could afford another foul with 4.5 seconds left. In that situation, a quick three-pointer would have given Newark a slim hope for a steal and another score. Instead, two seconds were lost and Newark had to inbound the ball again. A desperation three missed the basket wide and short by three feet and went out of bounds with 0.8 seconds left. A simple Batavia inbound and the game was over.

Brasky said Fagan's confidence has been soaring since a big game against Lockport on Senior Night, and Tuesday night, he just took the team on his back and carried it to victory.

Fagan said that's his job.

"I'm the senior captain," Fagan said. "I didn't want this to be my last game of the year, or ever, actually. I just wanted to win this game. I kind of figured I needed to take over a little bit through the game because we were struggling a little bit offensively. Somebody's got to take over."

The only other Blue Devil to score against the Reds (who don't wear red, but maroon) was Jerret Lasket, who had two points.

A low-scoring affair is exactly the kind of game the Blue Devils like to play -- battle for 30 minutes and close it out at the end.

"In our games, we never do get down by a lot, usually, because we play good defense," Brasky said. "We've been in close games all year, so they have confidence in close games."

For Newark, Jaymee Rosser had 17 points. Tyler Collins, an outside shooting threat, tried, but was 1-6 from beyond the arc and was held to 10 points. Rosser was the top rebounder for the game with nine.

For Redband, Tuesday's visit to Blue Cross was his first since a season ago when he sent his team to the State's Final Four with a three-point buzzer beater.

The junior guard walked out to the same spot during warm ups and admitted taking a moment to reflect on the shot and later hit a practice shot from the same spot. He said he likes playing in the big gym.

"I'm comfortable playing here," Redband said. "With a lot of the new people, I just said it's a normal game. It doesn't matter that it's in this big stadium. You've just got to play basketball."

He also wasn't surprised his team is about to play for the Class A2 championship. The Blue Devils are where they're supposed to be.

"We've beat good teams all year so we knew all year we could be right here at sectionals in the finals," Redband said.

Game time Sunday at Blue Cross is 5 p.m.

To purchase prints, click here.

Burglary investigation leads to alleged drug stash discovery

By Howard B. Owens
Kevin O'Connell Samantha L. Hicks

Two Batavia residents are accused of being drug dealers after Sheriff's investigator went to their house on an unrelated matter and allegedly spotted controlled substances in plain view inside their South Main Street residence.

A search warrant was secured and investigators claim they seized crack cocaine, heroin, marijuana, hydrocodone pills, clonazapam pills, detroamphetamine pills and a hydromorphone pill.

Arrested were Kevin J. O'Connell Jr., 33, and Samantha L. Hicks, 26.

The investigator went to their South Main Street residence to speak with a person who reported a burglary.

After spotting what he believed to be narcotics, the location was secured and the Local Drug Enforcement Task Force was called in along with uniformed deputies and K-9 Destro.

O'Connell and Hicks are both charged with criminal possession of a controlled substance, 3rd, a Class B felony that indicates investigators believe they had enough narcotics that they were selling the drugs.

O'Connell is also charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th.

Besides the three counts of criminal possession, 3rd, Hicks is charged with criminal possession of a controlled substance, 5th, and three counts of criminal possession of a controlled substance, 7th. She is also charged with criminal possession of marijuana, 4th.

O'Connell was jailed without bail and bail was set at $10,000 for Hicks.

Law and Order: Woman accused of welfare fraud

By Howard B. Owens

Michelle D. Kantz, 43, of Edwards Street, Batavia, is charged with third-degree welfare fraud. Kantz was arrested following an investigation by Batavia PD. No further details released.

Zachary W. Burke, 21, of Alexander, is charged with leaving the scene of a property damage accident and unreasonable speed. Burke was arrested by State Police following an investigation ito an accident at the intersection of Maxon Road and Route 354, Bennington.

David V. Tubbe, 50, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Tubbe was stopped by State Police on Saturday on Route 20 in Darien. Tubbe allegedly had a BAC of .10.

Terry J. Toote, 36, of Lewis Place, Batavia, is charged with harassment, 2nd. Toote allegedly threatened physical harm to another person while in the presence of a police officer.

Joey Robert Tatro, 19, of Main Street, Attica, is charged with criminal mischief and harassment, 2nd. Tatro is accused of striking another person and damaging a vehicle during an incident reported at 5 a.m. Sunday on Clinton Street, Batavia.

Firefighter named City of Batavia's employee of the year

By Howard B. Owens

Via WBTA:

City of Batavia Firefighter Charles Hammon was named the 2013-2014 City of Batavia Employee of the year.

Hammon was honored by the city council for his management of the child safety seat program conducted by members of the fire department at various times throughout the year.

Hammon received the proclamation from Ward 5 Councilwoman Kathleen Briggs.

Only one voice of opposition to proposed city budget; council will vote March 10

By Howard B. Owens

Story via WBTA:

Only one person spoke in opposition Monday night to the proposed 2014-2015 City of Batavia budget. The $24 million financial plan is scheduled for a vote on March 10.

John Roach of Batavia questioned the need for an assistant city manager, a position eliminated several years ago by City Manager Jason Molino in a budget-cutting move. Molino now wants the post filled at an annual salary of between $64,000 and $78,000 plus benefits.

Ward Six Councilwoman Rosemary Christian asked if there would be “another opportunity” to discuss the budget prior to a vote. She was told by Molino that comments could be made prior to the vote on March 10.

Christian said she had “a very important matter” to discuss concerning the budget but she declined to elaborate.

No one spoke during a second public hearing Monday night on a proposed increase in water rates. The proposed rate per 1,000 gallons of water will go up by 9 cents to $4.62. Molino estimated the water increase would cost the average homeowner another $10 per year.

While the budget is scheduled to be voted upon at the next council business meeting on March 10 there would still be an opportunity to vote on the budget during the March 24 meeting. The budget must, by law, be adopted by March 31.

Woman with bright pink butterfly tattoo suspected of robbing Five Star Bank branch in Batavia

By Howard B. Owens

The person in the surveillance photos to the right is wanted for questioning in connection with a robbery of a bank in Batavia today.

Batavia PD believes the woman is the suspect who robbed the Five Star branch at 567 E. Main St. at 2:11 p.m.

The perpetrator presented a note that claimed she had a gun and demanded money and left on foot with an undetermined amount of cash. She did not display a gun.

She is described as a female, mid-20s, 5'7" to 5'8" and slim build.

Tellers said the woman had a large, bright pink butterfly tattoo on the left side of her neck.

Tips and information can be provided to Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Law and Order: Alleged underage drinking party on State Street Saturday night results in four arrests

By Billie Owens

John J. Astrologo, 20, of 107 State St., Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party at his residence on State Street in Batavia on Saturday. He was released on an appearance ticket and ordered to appear in Batavia City Court on March 11.

Evan W. Horton, 19, of State Street, Batavia, was arrested and charged with second-degree criminal nuisance for allegedly hosting an underage drinking party on Saturday. He was released on an appearance ticket and is set to return to Batavia City Court on March 4.

Lukas M. Baildon, 18, of Batavia-Stafford Townline Road, Batavia, was arrested on Saturday following an investigation into an underage drinking party and charged with unlawful possession of marijuana. He was issued an appearance ticket and released. He is due in Batavia City Court on March 11.

Brody A. Jorgenson, 19, of Batavia-Stafford Townline Road, Batavia, was arrested and charged with unlawful possession of alcohol following an investigation into an underage drinking party on State Street in Batavia on Saturday. He was issued an appearance ticket and is scheduled to appear in Batavia City Court on March 4.

Christopher Douglas Ball, 41, of Park Road, Batavia, is accused of 33 counts of criminal contempt. It is alleged that he violated an order of protection issued by Family Court on several occasions by sending 30 text messages, having two phone conversations, and by having personal contact with the protected person. Following his arraignment on Thursday, he was jailed on $5,000 cash bail or $10,000 bond. He is set to reappear in Town of Oakfield Court on March 3.

Christian Gerand Santana, 32, of Kally Street, Rochester, was arrested Friday and charged with petit larceny for allegedly stealing merchandise valued at $129.99. He is also charged with possession of burglar tools for allegedly using a cutting instrument to aid in the theft, as well as second-degree harassment for allegedly pushing loss prevention personnel when they attempted to detain him. Following his arraignment in Town of Batavia Court, he was jailed on $500 cash bail or $1,000 bond. He is set to reappear in town court on March 3.

Courtney A. Gaebler, 36, of Soccio Street, Batavia, was arrested and charged with driving while intoxicated and failing to maintain lane after crashing her car into a utility pole on Liberty Street on Wednesday, causing significant damage to the pole and car. She will be arraigned in City Court on March 11.

Sharon Jean Chase, 55, of Route 19, Le Roy, was arrested last Monday and charged with third-degree grand larceny for allegedly stealing several items from the apartment of an acquaintance. She is scheduled to appear in Le Roy Town Court on March 20.

Michael E. Mistler, 48, of East Main Street, Batavia, turned himself into Batavia Police after a bench warrant was issued for failing to answer a traffic summons. He posted bail and is scheduled to return to City Court on Tuesday.

Jake Ross Simmons Jr., 27, of North Hill Parkway in Atlanta, Ga., was arrested on Friday for aggravated unlicensed operation in the second degree following a traffic stop. It is alleged that he was driving while his privileges are suspended. He was also cited for failure to keep right.

Grand Jury indicts man on four counts of first-degree sex crimes

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury.

Nathan W. Larson is indicted on four counts. The first is the crime of first-degree attemped rape, a Class B felony, for actions which allegedly occurred on Aug. 3 in the Town of Le Roy. He is accused of attempting to engage in sexual intercourse with another person by forcible compulsion. In count two, he is accused of first-degree sexual abuse, A Class D felony, for allegedly subjecting another person to sexual contact by forcible complusion. In count three, he is also accused of first-degree sexual abuse for allegedly subjecting another person to sexual contact when the person was incapable of consent by reason of being physically helpless. In count four, he is accused of first-degree criminal sexual act, a Class B felony, for allegedly engaging in oral sexual conduct or anal sexual conduct with another person who was incapable of consent by reason of being physically helpless.

Steven E. Palmer is indicated for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 1998 Acura on Route 5 in the Town of Le Roy on Nov. 8 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for allegedly having a BAC of .18 or more.

Stephen J. Holdaway is indicted for allegedly driving while intoxicated, a Class E felony. He is accused of driving a 2004 Ford pickup on Route 33 in the Town of Batavia on Aug. 21 while intoxicated. In count two, he is accused of aggravated driving while intoxicated, also a Class E felony, for having allegedly having a BAC of .18 or more.

Robbery at Five Star Bank, East Main Street, in the city

By Billie Owens

A robbery is reported at the Five Star Bank, 567 E. Main St., in Batavia. The suspect handed the teller a note and fled on foot with an undisclosed amount of cash. No weapon was displayed. The suspect is described as female, 26 years old, white, 5'7", wearing black sweatpants, a gray sweatshirt, with a train-conductor-type hat. She has a butterfly tattoo on her neck and had on black gloves. She may have gotten into a gray Honda Civic. Unknown direction of travel. Multiple law enforcement units on scene. A canine will be deployed shortly.

Fire reported in Bank Street apartment

By Billie Owens

A fire is reported in apartment #11 at 337 Bank St. in the city. Engine 11 is on scene and command says it looks like a fire burned itself out. Nothing was showing when they got there. The whereabouts of the occupant of the apartment is not known at this point. A firefighter says the first floor is clear and they are checking the second floor and ventilating the apartment. The second platoon was called to the scene and the fourth platoon was told to stage in the fire hall.

UPDATE 9:58 p.m.: The complex is called the Walden Estates. The fire is confirmed to be out and firefighters are overhauling the apartment. Apparently, no one is home.

UPDATE, Sunday (by Howard): The fire caused an estimated $50,000 in damage, according to city fire. There was heat and smoke damage to the entire two-story apartment. Nobody was home at the time of the fire. The fire was reported by a neighbor who heard the smoke detectors sounding. City fire was assisted at the scene by Batavia PD, Mercy EMS and National Grid. The cause of the fire remains under investigation.

Habitat for Humanity home dedicated on Harvester Avenue

By Alecia Kaus

A large crowd filled the newest Habitat for Humanity home for a dedication at 11 Harvester Ave. in Batavia this morning.

The home will be occupied by Herb Neal, his mother, Barbara, and his two sons, Christopher, 13, and Matthew, 10. 

Neal says, "Moving in here will give my family the fresh start that we need."

Jessica Maguire Tomidy, CEO of Habitat for Humanity in Genesee County, says the home is the 11th project for Habitat for Humanity in the county, the 7th home in the City of Batavia.

Work on the Harvester Avenue house started in May of 2013. Hundreds of volunteers from all over WNY put in over 10,000 volunteer hours to make the renovations happen. The Neals will move into their new home March 16th.

Maguire Tomidy says the home was in very bad shape when they purchased it from the city. There were dead cats and dead squirrels inside and the remains of a dog in the backyard. The last time it was occupied was in 2007.

In under 10 months, Habitat for Humanity was able to identify a family with a need and put the property back on the city's tax rolls.

"It was not without a lot of resources, volunteer hours, energy and a lot of love, Maguire Tomidy said. "People have to have it in their hearts to help, and they do it again and again for us."

Habitat for Humanity paid the city about $2,000 for the Harvester Avenue parcel, according to City Manager Jason Molino, who says the renovation has increased its assessed value by about 35-38 percent.

"A renovated home and a new family add many benefits to a neighborhood and they contribute to the City's revitalization effort," Molino said.

Habitat for Humanity is currently rehabilitating another home at 2 McKinley Ave. and it will be completed and ready for another family by the end of the year.

Father James Fugle blesses the Neal home on Harvester Avenue.

Power out at Walmart, irate customer refuses to leave store

By Billie Owens

There's a power outage at Walmart in Batavia and the store is being evacuated. There is reportedly a patron who is refusing to leave. Law enforcement is on scene to deal with that individual as well as assist personnel with clearing the store of shoppers.

UPDATE 4:08 p.m.: Officers say they've walked the aisles and believe all the customers are out of the building.

UPDATE 4:26 p.m.: Town of Batavia fire is at the store after the smell of something burning was reported. No signs of fire. Investigating.

UPDATE 5:32 p.m.: Firefighters have tracked the problem to a National Grid transformer across the street, which will have to be repaired or replaced. The store will be closed while that is happening "at least four or five hours, if all goes well."

UPDATE 7:07 p.m.: The Town of Batavia Fire Department's assignment at Walmart is back in service.

Silver chalice stolen from Saint James Church

By Alecia Kaus

Batavia Police were called to Saint James Episcopal Church early this afternoon for the larceny of a silver chalice.

According to police, the chalice was stolen sometime during this past week. There was no evidence of a break-in at the church which is located at 405 E. Main St.

Members of Saint James Church say the silver chalice is an important part of their congregation. The all-silver chalice is used for the consecrated wine and is administered at the eucharist. Church members would like to have the silver chalice returned; they say it has been part of the St. James community for a long time.

Batavia Police are currently working to obtain further information in connection with the larceny.

Anyone with information on the silver chalice can contact the Batavia Police at 585-345-6350 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

Crash at East Main and Ross streets in the city

By Billie Owens

A two-car accident is reported at East Main and Ross streets. One person is complaining of abdominal pain. One of the cars is on the sidewalk. City fire, police and Mercy medics responding.

UPDATE 12:03 p.m.: A 26-year-old male complaining of abdominal pain and left side pain was transported to UMMC. Engine 11 left the scene and is back in service.

Smell of smoke in attic of Genesee Justice building, city fire investigating

By Billie Owens

City firefighters are on scene at 14 W. Main St., Genesee Justice, after the smell of smoke was reported coming from the attic. Command says it is electrical in nature and that they "will be here awhile" investigating.

UPDATE 8:16 a.m.: The smoke is coming from a burned out motor of some kind in the attic. Maintenance personnel will handle it. City fire is leaving the scene. Assignment back in service.

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