batavia

A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

Figures aren't in yet, but absenteeism seems to be up at Batavia-area schools, and it appears that many of the children who are missing school are sick, possibly with H1N1.

At Robert Morris Elementary School, a "spike" in absenteeism occurred last week when 25 percent of its students were absent on one or more days. Batavia Middle School, according to parents who have contacted The Batavian, has also seen a jump in flu-related absences.

Hundreds of kids in Batavia are either at home coping with the nasty gamut of flu-like symptoms, or they are being kept home by anxious caregivers who are taking every precaution to keep their children healthy.

Batavia City School Superintendent Margaret Puzio said today that on Friday she will have week-to-week comparison figures for absences at the schools.

"Absences are a bit higher and I understand parents are concerned about sick kids," Puzio said. "But the best defense is to handle this as you would any flu. The symptoms are fairly mild. We're not doing anything differently than we normally do during flu season, except cleaning on a daily basis."

If a child exhibits flu-like symptoms, he or she is sent home. It they are already sick, they should not attend school. If he or she misses several days of school, the guidance counselors are notified and they contact the home. If need be, they notify the teacher and a packet of learning materials is put together for a parent to pick up.

But some parents say there's a lack of communication from schools concerning the H1N1 virus and, in the void, some panic is beginning to set in.

"I am the father of an 8th grader at Batavia Middle School," complained one man, who did not want to be identified. "There may be hundreds of children with this virus and no phone calls or letters from the school. My child is seriously sick and all of his close friends."

He said he doesn't think parents are getting enough information from schools to decide if it's safe to send them there.

Councilman Bill Cox, Ward 1, is on vacation, but still thinking about city business - he e-mailed us today and asked us to post this statement in opposition to the proposed City Charter revision on Tuesday's ballott.

Serious Problems with proposed charter Changes

1.    No separation of power. A proposed change has the city manager appointing the members of the Planning and Development Committee ( Planning Board). The City Manager already appoints the members of the Zoning Board of Appeals. If the City Manager is allowed to appoint both board members its sets up a dangerous possibility of deals being made behind closed doors which is very difficult to happen now, because City Council appoints Planning Committee members. The City Manager can appoint people to both boards who are “friendly” to particular causes and future project and land developments and ensure they get passed regardless of what the taxpayers want, what neighborhood it involves, and what tax breaks it gets. This would be a very dangerous and damaging situation that would most likely occur sooner or later.

2.    Up to 14 years for an appointment. The terms of appointments for the Planning and Development committee for the city manager to appoint being proposed will enable a member to be in office for as long as 14 years. The terms now are 3 years with a renewal of 3 more years. The change proposed has the new terms of 5 years, with reappointment for a second 5 years and if someone resigns, after the first year, his replacement can be in office for 4 years and be eligible for both 5 year terms. Having someone in an appointed office for up to 14 years is a very bad idea for lots of reasons.

3.    Wording in proposed charter can permit the fire and police departments to be done away with. The proposed wording specifies the city must provide police and fire protection however it does not state we have to have a police and fire department. This is a subtle but very important change in wording. This sets the stage for a potential elimination of those departments by having outside agencies provide these services.

4.    Elimination of voter approval for Council pay increases. The proposed charter changes languages which can enable City Council to raise their own pay. Whenever an elected body of officials can give themselves raises, they become much less accountable to the voters and citizens. This is always a bad idea. That is one of the reasons Washington and New York State is in just mess; it is why politicians continue to vote for massive spending and increases in personal benefits for themselves, and more perks. City Council Members receive $2,000. a year for pay, except the Council President who receives a little more. Our citizens pay outrageously high property taxes, school taxes, and fees a lot of which can be traced directly to City Council decisions. When the taxpayer’s burden gets lowered and future council decisions that lower taxes are made, then perhaps Council deserves a pay increase and then only when the citizens and voters decide that. When we ran for office we knew the pay structure.

5.    Redistricting of wards. The proposed changes include going through an expensive process based upon future census counts one of which is being conducted in April 2010. Then re-drawing Ward Boundaries. This is unnecessary, disruptive, and expensive. Genesee County has a good system of having true representation for the people which is “weighted voting”. Periodically as people move, one geographic area can gain population and another one can lose some. Legislature calculates this and assigns a “weighted vote” to a particular legislator. This means that one legislator can have 1.1 votes while another can have .9 votes. What this does is allow the best representation of the people to occur at the legislative level. We should follow the county method in the city or leave it as is, instead an expensive process of redrawing ward boundaries, going through a lot of expensive and then doing it every 10 years when a new census occurs. 

6.    Separation of Power - City Manager will appoint City Attorney instead of City Council.  The proposed charter takes this appointment away from Council which is a very dangerous situation. This change in effect will mute the authority of City Council over the City Manager. The city attorney or law firm representing the city gets his direction from the city manager in most cases. If Council believes a change is necessary and a new city manager is needed, the city attorney who now gets over $200,000. in projects through the city manager has to decide who to back in a dispute between City Council and the City Manager. If you were getting $200,000. in pay from one source, who do you think you will back? People vote for their wallet. Right now the city attorney can be dismissed by Council if they feel a change is warranted and expenses are out of line. We lose that ability if this charter is passed.

7.    City Manager is given the authority and power of a Mayor in most respects without ever having to run for office. The proposed charter changes dramatically increases the authority and influence of the City Manager and reduces the authority and influence of the City Council members who you appoint. The proper way to do this is to let the people decide if they want a Mayor
And not back door the issue by these proposed changes in the City Charter. Do it the right way or not at all.

Here are two good proposed changes. One good proposed change is going to a sub-committee structure for some meetings. This will allow for items and proposals to be discussed with less contention and perhaps less controversy. However healthy open debate is what democracy is all about. This one change is not enough reason to overcome the negative changes proposed.  A second good one is that the chief financial officer is not the city manager and the proposed change is for the head of the finance department to be the chief financial officer. It stipulates also to get rid of the city engineer. I believe we need a city engineer but not a city engineer and an assistant manager both. This calls for no city engineer.

I believe the overall charter changes proposed, weaken the representation of the people by weakening city council authority, that they set up the possibility of back door deals being made in future planning and zoning boards exclusively appointed by the city manager, and turn the position of city manager into a position of power equivalent to a mayor without the need for the manager to ever run for that office and be elected by the people.   

I urge our citizens to vote no for the charter changes. We need to go back to the drawing boards and do a better job of changes.

Darren S. Jimerson, 44, of 5 Thorpe St., Batavia, is charged with sexual abuse in the first degree, forciable touching and criminal trespass. Jimerson was arrested by officer K.M. Defelice following an investigation. The alleged incident(s) that lead to the charge reportedly occurred at the residence of a female acquaintence. Jimerson was jailed without bail pending an arraignment today in City Court at 11 a.m.

A motor vehicle accident involving a pedestrian was reported at 9:04 p.m. at East Main and Swan streets in the City of Batavia. At 9:06 p.m., a medic crew and police were on scene.

UPDATE: 9:21 p.m.: a female pedestrian is reported to have minor abrasions and lacerations on her hands as a result of the accident. She is being transported to UMMC via ambulance.

The spread of H1N1 flu virus has prompted a change in the visiting policy at United Memorial Medical Center.

As a result, starting this week no one under the age of 18 is allowed to visit patients. Heretofore, as with many hospitals, visitors had to be at least 14 years old, although there was flexibility and reasonable exceptions were made.

"We're becoming more restrictive about visitors -- it's for patient safety," said UMMC spokeswoman Colleen Flynn. "We don't want them to become infected. The virus can be especially harmful to a patient with an already compromised immune system."

Also under the new policy, there can only be two visitors per patient at any given time and visiting hours are from 9 a.m. to 9 p.m.. Certain units, such as intensive care and pediatrics, may have more time restrictions.

Maternity patients are only allowed visits from their spouse or significant other, and grandparents. Exceptions are considered on a case-by-case basis by the nursing supervisor on duty.

Any visitor showing signs of infectious disease, such as a bad cough, will be asked to leave and given a mask to wear on their way out of the hospital.

"We are taking reasonable measures to protect patients, which is our number one priority," Flynn said.

All UMMC healthcare workers have been getting on-site H1N1 vaccinations, which were mandatory. That requirement was lifted, except for those with direct patient contact, which are innoculated first.

The H1N1 virus has been declared a national pandemic. As with other flu viruses, a person can be infected and contagious for 24 hours before showing any symptoms, which can hamper control efforts.

This strain, first identified in spring (not typically the flu season) is considered unusual because children are among the hardest hit.

Flynn said the hospital has seen an increase in the number of young flu sufferers. Some local peditricians are reportedly "swamped" with flu cases and some schools are grappling with absenteeism due to the flu or fear of catching it.

"Most cases are dealt with at home," Flynn said. "People treat it just like they would any flu. But because so much media attention is being paid to (H1N1), sometimes they tend to think the sky is falling. That's not necessarily true."

But do wash your hands frequently.

If anyone knows Rose Mary Christian better than anyone, it's me, her daughter. Throughout the years I have seen my mom tackle tough issues, read council packet after council packet, and always accept calls from city-wide residents who call my mom for her help because they know she gets things done.

From when I was little, I always remember my mom being involved with community things and helping people. She has been a Brownie leader, a softball coach, assisted families that needed a helping hand, volunteered for numerous things and causes, she orchestrated and accomplished sending close to 50 parents of deceased Vietnam veterans who were killed in action to visit the Vietnam Memorial Wall, and most importantly she has been a wonderful mother.

I have multiple sclerosis and there was no MS support group for people in Genesee County. In 2007, my mom is the person who initially contacted the right people to get a group started, and now, our group of about 12 members, called "Miracle Strides" has been running successfully and making great strides ever since. This group has been so beneficial for all its members. My mom has also turned out to be quite the nurse by giving me my weekly injections of the medicine that I take.

My mother has never put Council before her family, but let me tell you, being in the position she is in, people can be very demanding of her at numerous places. Whether it be at a restaurant while we're having dinner, at a grocery store, clothes shopping, and even church, yes, church. People all the time stop my mom and want to talk politics, see where she stands on the issues, or what she's going to do about that or this. No matter what, she always takes the time to answer the questions and discusses people's concerns.

When you or a loved one is in politics, you need to have tough skin. Tough skin we both have, and I have her to thank. Thank you mom for being the person you are and always being there to help me and so many others. I am so proud of you and what you have accomplished. Of course, no doubt, you have my vote Nov. 3 for county Legislature!

Batavia will finally get to see what a roundabout is all about starting Friday when construction of the Walnut Street project is finally finished.

No more construction cones or workers holding up traffic. Drivers will be able to navigate through the circle in real time and see if they like how traffic flows.

The roundabout will be closed Friday Thursday from 5 to 7 a.m. for a final repaving, and then the route will open Friday morning with no fanfare -- no ribbon-cutting, no speeches, no coffeecake and donuts -- you can just drive on it.

A police officer is being dispatched to Tops Market where a woman says she spotted a possibly rabid fox.

The caller said the fox came up to her car snarling and drooling at the mouth and looked very skinny.

The woman is staying on scene to point out the location of the fox.

UPDATE 11:28 p.m.: The police officer who responded reports that the animal is gone, but he's checking the area.

There's going to be an open house from 2:30 to 4:30 and again at 6:30 to 8:30 p.m. Wednesday, Oct. 28 to discuss the pavement rehab project planned for Route 63/Ellicott Street. It takes place on the second floor of Batavia City Hall, located at One Batavia City Center.

Representatives from the state Department of Transportation will provide the following information about the project, which spans from Ellicott and Main streets to Cedar Street:

• Pavement repairs, milling and asphalt resurfacing, new pavement markings
• Re-striping lanes from the four now there, down to three
• Expanding parking on both sides of the street
• Construction work planned for summer 2010
• Traffic maintenance on Ellicott during construction operations using daily lane closures
• Having both nighttime and daytime construction

For questions or comments, call Dan Farrelly at (585) 272-4875 or e-mail him at dfarrelly@dot.state.ny.us

Here's the official project description:

The DOT is preparing plans to repair and resurface 1.7 miles of Route 63 (Ellicott Street) in the City of Batavia.

The scope of the work includes asphalt pavement repairs, pavement milling 2.5 inches in depth, a 2-inch-thick asphalt overlay, new pavement markings and cleaning of drainage structures.

The pavement markings are planned to change the traffic pattern from four lanes to three lanes, with parking on both sides of the road.

This work will restore a smooth ride, as well as preserve and extend the service life of the Ellicott Street pavement.

Regarding traffic control, traffic on Route 63 (Ellicott Street) will be reduced to a single lane in each direction during pavement repairs and resurfacing operations. Day and nigh time lane closures are planned.

No Route 63 traffic detours are proposed.

Neighbors need to start talking with each other more, said City Manager Jason Molino during Monday night's City Council meeting.

Molino was giving the council an update on the work of the Neighborhood Improvement Committee, which previously brought forward programs for additional enforcement of yard clean up and property improvements.

There's a three-pronged approach to neighborhood improvement the city should pursue, Molino said:

• Compliance with property standards use and regulations
• Community Development Block Grants to help low-income property owners fix up and maintain their houses
• And community engagement.

Here's Molino's full comment from last night on the community aspect of neighborhood improvement:

We’ve had some preliminary talks about how we can also facilitate the possibility, facilitate neighbors getting out and communicating more with each other, whether through national night out types of events, where you’re getting neighborhoods, blocks, streets out so that they’re socializing and communicating with their neighbors.

A good question to ask is, "Do we know 50 percent of the neighbors around us?” If you don’t, why not?

Those types of things are really going to be the crux of improving what you want to improve in terms of neighborhoods. You want to get neighbors communicating with each other, creating a dependent neighborhood where people look out for each other, they communicate, they talk, because if you’ve got undesirables that want to relocate into the area, they’re not going to want to come to a neighborhood or a street where neighbors are looking out for each other, neighbors are talking, neighbors have good relationships with law enforcement in the city to be able to report problems. That’s going to deter them from coming to that neighborhood, if  they’re non-desirables, so to speak.

It’s going to help with a little bit more pride, a little more esprit de corps. People are going to want to talk with each other, to communicate, to bring a little more of that sense of community back.

We’ve seen a little bit of a down spiral, and I don’t think Batavia is uncommon. It’s like a lot of communities. People are not volunteering as much, people are not familiar with their neighborhoods anymore. I think we want to try and bring that back. The way we want to do that is working with some of the departments, getting into select neighborhoods -- each is going to be different -- getting the people on the streets communicating with each other and talking with each other. Those are the types of things that I think are really going to make a difference in the long term.

I told Jason after the meeting that his little speech sounded a lot like something I might say on The Batavian. So many community problems can be solved just through a higher ratio of social connectedness. Communities with higher connectedness have less crime, better graduation rates, higher average income, less disparity between high- and low-income wage earners, better physical health, lower infant-mortality rates and lower teen-pregnancy rates. 

I recommended to Jason a book you've seen me mention before: Bowling Alone, by Robert Putnam. Putnam's work (Putnam is a sociologist) pretty much backs up everything Molino said.

More chatter about trash in council chambers last night.

The city continues to wrestle with garbage. Who should pay for its removal and how much?

City Manager Jason Molino, responding to a council request a few weeks ago, presented a report on what 11 other municipalities do, ranging from no garbage pick up to pay-per-bag formulas.

In the end, the council decided, more or less, to have Molino come back with more information. Molino said staff is working on presenting information on models like the one currently employed in Orleans County (per parcel) and a unit-by-unit fee model.

Council President Charlie Mallow asked what's wrong with the current system. Currently, the cost of garbage collection is wrapped into the city's property-tax rate and accounts for about 7 percent of the bill.

One concern, raised by Councilman Sam Barone and others, is that tax-exempt properties (possibly up to 24 percent of parcels in the city) aren't paying for garbage collection, though they benefit from the service.

"I’d like to expand it. I’d like to see leaves picked up," Mallow said. "It seems like a good service now, I don’t see why you would change it. If anything, I hear from elderly people who can’t get rid of their leaves and twigs now. They don’t have a car and have no way to get rid of it."

Mallow also pointed out that by including garbage collection as part of property taxes, the money can be deducted from the homeowner's Federal incomes taxes. Going to a fee-based system would end the tax deduction.

Councilwoman Marriane Clattenburg said she thought the payment method currently in use is fine, but asked Molino to look further into the new system in Auburn. It's like Batavia's, but that city recently added an opt-out/fee system for tax-exempt properties. In Auburn, nonprofits can opt-out of the service, but if they continue to use it, they must pay for it.

She said she was concerned about changes that might lead to higher garbage costs for lower-income families.

“It’s not just the $200,000 house, you also have to think about the million-dollar piece of property," Clattenburg said. "Now you cut their taxes 7 percent, where do you distribute that cost to? Back to the person that’s living in $50,000 house. So to me, that’s the problem with this kind of thing and that’s what I’d be looking at – how that adjusts and how it makes everyone’s cost go up.”

Molino will report back to the council with a narrowed list of alternatives at a future council meeting.

Fire Chief Ralph Hyde will get his light-rescue vehicle, and it's the one he's requested during at least three City Council meetings now.

After a 20-minute discussion at last night's council meeting, the council sort of collectively shrugged and said, "go ahead."

At the end of the discussion, after saying Hyde has "our blessing," Council President Charlie Mallow motioned his hands like a priest, which drew a laugh.

Hyde has sought permission to convert one of the former ambulances -- the newest one, bought within the past year with a state grant -- into a vehicle that could carry additional rescue equipment that doesn't fit on either Ladder 15 or Engine 12.

Council members dithered, asking him to justify the need for the ambulance as a rescue vehicle. Then they asked him to research the option of selling the ambulance and purchasing a new truck, since the ambulance already has 50,000 miles on it.

Hyde's report Monday night put the cost at a new vehicle at between $65,000 and $189,000.

"It would take a $1,000 to convert it, so it’s far cheaper than going out and getting a new vehicle," Hyde said. "And It’s something that we’ve needed for many years."

Previously, Hyde's argument for the ambulance didn't include using some space inside the vehicle to give people displaced from their homes by fire a place to stay warm.

"In the past, we've had people have to wait outside for 30 minutes to an hour, and had to send firefighters in to retrieve shoes and jackets," Hyde said.

The table and benches inside could also serve as a convenient place to interview fire witnesses.

Councilman Bob Bialkowski complained that he thought the purpose of getting rid of the ambulance service was to save money and he expected all six of the city's ambulances to be sold. Mallow pointed out that previously, the council resolution only authorized the sale of the five older ambulances.

A vote was not required on the decision to convert the ambulance into a light-rescue vehicle since the city owns it and it's already assigned to the Fire Department.

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

Pastor Werk of St Paul Lutheran with local kids

Honoring the Troops on Treat Day

This past Saturday Morning Care-A-Van Ministries was on State Street for their weekly grocery distribution. Groceries were given to 52 families with 174 family members. It was one of our busiest days at this location.

St. Paul Lutheran Church partners with the ministry on the last Saturday of the month and always provides for the families as well. The church held Trunk or Treat for the kids. While the moms and dads were busy getting groceries and prayers, the kids were busy getting treats from the trunks of the cars.  A special thanks to St. Paul Lutheran for an awesome morning on State Street!

What a beautiful Mermaid!

Jesus Saves!

Treats for all

Invitations were extended to all Council at Large candidates and those running for County Legislature.  No speeches but just the opportunity to listen to the concerns of seniors and to offer suggestions or promises of help.

Paul Ryan Tenney, 39, who admitted to embezzling more than $106,000 from his employer, Elcon, Inc., will avoid jail time for a bit longer.

Judge Robert Noonan postponed Tenney's sentencing, scheduled for this morning, at the request of Tenney's attorney Gary Horton because of inaccuracies in Tenney's pre-sentencing report.

Tenney is currently out of jail on released supervision, but he allegedly has violated the terms of his release and Noonan was inclined to put Tenney back in jail today. The owner of Elcon, however, asked that Tenney not be locked up just yet.

Edmend Leising says Tenney is currently the only person who knows how the computerized accounting system works. Right now, Leising said, he can't even bill customers without Tenney's help.

"I've taken a lot of grief for keeping Ryan around since we found out about the theft, but only Ryan knows how to run it," Leising told court.

Noonan is allowing Tenney to stay out of jail to help Leising learn the computer system, but there won't be any leeway for Tenney to do much else.

"We'll briefly adjourn sentencing for that purpose, but if the defendant isn’t making a good effort in that regard, or he violates any other terms of his ROS, a warrant will be issued for his arrest," Noonan said.

Tenney promised to follow through and help Leising immediately.

Leising had asked to address the court prior to Tenney's sentencing. He said the theft did a lot of damage to his business and Elcon is barely hanging on.

He said he had to raise $70,000 to keep the business afloat, from taking money from his retirement account, to taking out a second mortgage on his house and borrowing $14,000 from his mother-in-law.

"Elcon is in horrible shape right now -- the only reason we’re still in business is because I’m not bright enough to pull the plug," Leising said. "It's the only thing I know how to do."

Tenney reportedly has failed to keep appointments for interviews with Genesee Justice and has allegedly not secured a substance-abuse evaluation.

Leising told Noonan that he was surprised to learn that Tenney wasn't keeping his appointments, and hopes Tenney gets the drug treatment he needs.

"I know he has a drug problem, so it's important he's tested on regular basis," Leising said. "If that problem isn’t solved with this guy, nothing will ever be solved. He’ll be a burden on humanity forever."

Tenney was arrested in early June for reportedly forging checks and falsifying business records.

An exhaust-system alarm is sounding on the sixth floor of the Jerome Center, 16 Bank St. and City Fire is responding.

Engine 12 and Ladder 15 are on scene.

An eight-point buck dropped dead in the parking lot of Jackson Street this morning.

I was in court and didn't hear the scanner (or see it), but Dan Fischer of WBTA said he was sitting in his studio when he saw a deer trot past Main & Center. 

The buck headed west, turned left on Jackson and then collapsed.

Apparently, it had been struck by a car previously.

It was one of two deer spotted in the city this morning.

Fisher said a hunter came by, tagged it and hauled the buck away.