batavia

It's budget vote day in the Batavia City School District.

Polls open at 7 a.m. and close at 9 p.m.

Besides the proposed 2015-16 budget, residents are asked to vote on establishing a capital reserve fund, a mileage change in transportation, and three board of education seats.

A summary of the public proposal is available on the district Web site, as well as all the budget documents.

If you live north of Route 5/Main Street, vote at Robert Morris. If you live south of Route 5/Main Street, vote at Batavia High School.

• April 22 -- Do I have what it takes to own a small business?

• April 29 -- Can I earn a living through my passion? Maybe I should buy a business?
• 
May 6 -- Why didn’t I think of THAT business?
• 
May 13 -- The Sniff Test, assessing your business idea!

• May 27 -
- Trials, tribulations & skills of a successful business leader
• June 3 -
-  Marketing strategies to increase sales

• June 10 -
- Using financial information to guide my business
• June 17 --  Learning to “manage” a business
• June 24 -- Business plan presentation and networking 

Ashley Marie Fladie, 24, of Pearl Street Road, Batavia, is charged with two counts of cruelty to animals. Fladie is accused of possessing two dogs that were deprived of proper care and, as a result, suffered from numerous medical conditions that authorities say could have been avoided with proper care. The dogs were examined by a veterinarian, who allegedly determined the dogs were in unsatisfactory condition due to improper care. Animal Control assisted in the investigation. The dogs were discovered during a response to a fire at 2720 Pearl Street Road the evening of March 11.

Ashley M. Kreutz, 27 of Batavia, is charged with petit larceny. Kreutz is accused of stealing a gift card from her employer, Kohl's, worth $37. The alleged theft was detected on surveillance video.

Jordan C. Dunham, 42, of Batavia, is charged with three counts of criminal possession of a controlled substance, 7th, controlled substance in non-original container and no license plate lamp, and Nicole P. Gonzalez, 32, of Batavia, is charged with criminal possession of a controlled substance, 7th, and controlled substance in non-original container. State Police stopped Dunham's Chevrolet Cobalt on Route 33, Bergen, for an alleged license plate lamp out. During the interview, Dunham reportedly said he didn't have a license. A trooper reportedly observed his hands shaking and he appeared nervous.  The trooper allegedly spotted five glassine bags of heroin on the back seat floor. During the subsequent search, a trooper allegedly found two plastic baggies containing cocaine and a large glassine bag containing suboxone sublingual strips.

Merlin L. Brainerd, 34, of Silver Springs, is charged with unlawful possession of marijuana. Brainerd was stopped by State Police on Route 63, Batavia, for alleged tinted windows. A trooper detected the alleged odor of marijuana. Further investigation turned up a baggie allegedly containing two grams of marijuana and a glass smoking pipe with marijuana residue.

Alexis A. Camilo, 19, of Buffalo, is charged with unlawful possession of marijuana. Camilo was stopped in Corfu by Village police for allegedly driving 48 in a 35 mph zone on Route 77.

Craig M. Stevens, 54, of North Spruce Street, Batavia, is charged with harassment, 2nd. Steven allegedly slapped a woman at 1:30 p.m. Wednesday at a location on North Spruce Street.

Yolanda E. Johnson, 28, of West Main Street, Batavia, was arrested on a warrant related to an aggravated unlicensed operation, 3rd, charge. Johnson was arrested, arraigned and released on her own recognizance.

A 17-year-old resident of Batavia is charged with criminal mischief, 4th. The youth allegedly punched a hole in a wall at an undisclosed location at 9:30 pm. on May 12. Batavia PD withheld the name of the suspect.

Francisco Martinez Jr., 42, no permanent residence, was arrested on a warrant related to an endangering the welfare of a child charge. Martinez was arraigned, had a DNA sample collected at the jail, and was released.

A 17-year-old resident of Batavia is charged with endangering the welfare of a minor and menacing, 2nd. The youth allegedly threatened his 13-year-old brother with a knife at 6:30 p.m., May 5, at an undisclosed location. The name of the suspect withheld by Batavia PD.

Carlos Samol, 50, of Liberty Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Samol allegedly struck two people, including a juvenile, in an alleged incident reported at 2:38 p.m., Wednesday.

Sarah Mae Wilson, 32, of Hutchins Street, Batavia, is charged with disobeying an order of protection. Wilson was allegedly located by police officers hiding in the closet of a protected party. Wilson was jailed on $5,000 bail or $10,000 bond.

Karen D. Bannister, 74, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment charge. Bannister was arraigned and released on her own recognizance.

Daniel L. Dioguardi, 34, of Summit Street, Batavia, is charged with obstructing governmental administration. Dioguardi allegedly ran from police when they attempted to detain him for questioning during a burglary investigation at 5:17 p.m., Friday. Dioguardi was jailed on $3,000 bail or $6,000 bond.

Stanley D. Wilson, 54, of Bank Street, Batavia, is charged with petit larceny. Wilson is accused of stealing beer from the Red Apple at 99 Jackson St., Batavia.

Michael A. Galas, 24, of Woodcrest Boulevard, Tonawanda, is charged with trespass. Galas was allegedly trespassing at Rolling Hills Asylum, Bethany. Also charged, Nicholas J. Hora, 24, of Old Farm Court, Cheektowaga, Rebecca M. Klein, 24, of Knowlton Road, Kenmore, and Jessica M. Cichocki, of Elm Place, Lancaster. The four people were allegedly caught on the property at 6:54 p.m., Sunday.

Daniel Thomas McPhee III, 48, of Losson Road, Cheektowaga, is charged with possession or transport of unstamped cigarettes, motor vehicle lights not meeting safety standards and running a red light. McPhee was stopped at 8:53 p.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Christina Aminta Soler, 37, of Phelps Road, Pembroke, is charged with criminal contempt, 2nd. Soler allegedly violated an order of protection by contacting the protected party.

Jacob John Stone, 39, of West Main Street, Batavia, is charged with criminal mischief. Stone allegedly kicked and damaged a door during an argument.

Honour Haley Myers, 26, of Hamm Road, Lockport, is charged with unlawful possession of marijuana and failure to stop at stop sign. Myers was stopped at 6:33 p.m. Saturday on Route 33, Stafford, by Deputy Joseph Corona.

Eric Charles Zglinicki, 53, of Alleghany Road, Darien, is charged with criminal possession of weapon, 4th. Zglinicki was allegedly found in possession of firearms despite his prior felony conviction. The weapons were confiscated.

Patricia Leslie Brown, 61, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarattes. Brown was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Kathleen Marie Szkotak, 46, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarettes and driving with dark-tinted windows. Szkotak was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Robert James Lefrois, 30, of Down Street, Rochester, is charged with unlawful possession of marijuana, unlicensed operator, possession / display of a forged inspection certificate and inadequate muffler. Lefrois was stopped at 12:52 p.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Harvey Arthur McMurray Jr., 47, of Bennett Avenue, Oakfield, is charged with driving while ability impaired by alcohol, speeding, unlicensed driver and unregistered motor vehicle. McMurray was stopped at 2 a.m. May 8 on Lewiston Road, Oakfield, by Deputy Joseph Corona.

Wendy S. Dempsey, 44, of Sunset Parkway, Oakfield, is charged with trespassing. Dempsey allegedly entered a business in Oakfield where she had been previously told not to enter.

A car accident with unknown injuries is reported at 29 Hutchins St. City firefighters and Mercy medics are responding. Power lines are down. The location is betweeen Sumner and Ellicott streets.

Until yesterday, I'd never seen a street sweeper quite like this one. I spotted David Musser on Route 5 in Batavia and when we spoke he said people around here often comment that they've never seen anybody propelling themselves down the street on a skateboard with a stick. Musser recently moved here from Chicago and said the sport seems more common there. Primarily, he said, it's good cross-training for stand-up paddle boarding on the lakes.

The Spring Vendor Blender at the Fairgrounds on Sunday looked like another success. I walked away with coffee, honey and organic salad dressing. There were certainly lots of interesting vendors to visit.

The 4-H Swine Club hosted its annual pulled pork BBQ at the Fairgrounds today.

The Seneca Siberian Husky Club, which is based in Rochester, held its show today at Falleti Ice Arena.

Above, Shira Barkon, of Pennsylvania, with Jewel.

Rick Church, of Michigan, with Sadie.

Jan Haring, of New Jersey, showing Trooper for judge Dr. Richard Hideman.

GO ART! hosted an Appraisal Fair today at Seymour Place.

Appraiser H.P. Prazer with John Seartz and Louis Call.

Appraiser Jason Helenbrook of Gold N Time.

Set up is under way for today's Beertavia in the parking lot off School Street, behind Angotti's Beverages. More than 50 craft brews will be served.  The event is from 3 to 6 p.m. Tickets start at $40 and are available at the door.

Here's your chance to enjoy a special Date Night every night for a year (significant other not included). 

Employees at the Bank of Castile branch on East Main Street, Batavia, are auctioning off this grand prize as a fundraiser for Relay for Life.  The prize value is more than $700. 

Tickets can be purchased at the branch, $1 for one ticket, $3 for five, and 10 for $5.

The raffle was organized by Michelle Cryer, who wasn't available today at picture time. Pictured are Lauren Drier and Amber Reese. 

The Genesee County Business/Education Alliance held its annual meeting this morning at Terry Hills. The event featured presentations by students who have been through BEA programs, awards and election of officers.

Jay Wolcott, a teacher with Byron-Bergen High School, received an APPLE Award, as did Ed Shaver (second picture), a teacher with Elba High School.

Other awards: Business Partner of the Year, Dan Harvey, formerly of Graham Manufacturing; and partner in education awards to Graham Manufacturing and Amada Tool America.

Wolcott and Shaver are pictured with Eve Hens, director of BEA.

Nick Corsivo

 Students from Alexander Central School who attended BEA Camps last summer. Lauren Young, Nick Allen, Andrew Young.

Heather Dries and Chrstine Stevens, students at Byron-Bergen, in Wolcott's manufacturing systems classes.

A two-car accident with minor injuries is reported at Main and Jackson streets in Batavia. City fire is responding along with Mercy medics.

UPDATE 4:48 p.m.: One person was transported to UMMC with a hand injury.

A plan to relocate Arby's further west on Main Street is meeting some stiff opposition, both from residents of Vernon Avenue and planners.

County Planning staff recommended to the County Planning Board that members reject a series of zoning variance requests, and after hearing from several Vernon Avenue residents and receiving a petition signed by 95 percent of the residents in opposition to the fast-food restaurant proposal, the board members followed staff recommendation.

The board's vote doesn't kill the project, but it means the City of Batavia Planning Board needs a majority plus one vote to approve the plan.

Kyle Hessler was among the Vernon Avenue residents who spoke and he acknowledged that he lives next to property that is zoned for commercial development -- though it's currently residential -- and he isn't opposed to commercial development in the city, or even on the property. He just thinks the proposal as presented is bad for Vernon Avenue residents.

It would unduly impact traffic on the street and the ability for traffic to easily pull onto Main Street. He doesn't think the barrier for sight, vision and sound between the restaurant and the neighborhood is adequate. And he thinks the parking will prove inadequate. 

Some residents complained that they felt like the developers were trying to sneak the project through, but Robert Kiesler, an architect from Rochester representing the developer, said there is nothing secret about the process. It is going through the public approval process completely in the open, as required by law.

Out of that process, the developer gets a chance to learn what modifications to the plan need to be made to ensure it doesn't negatively impact residents, or if the development is even viable.

The process is designed to give residents a chance to have their say, as Thursday's meeting demonstrated, he said.

The developer is proposing a 2,100-square-foot restaurant that would replace three residential units. It would have a drive-thru with a driveway on Vernon Avenue. 

Among the variances requested is reducing the buffer between the commercial property and residential property from 10 feet to two feet, constructing a building one foot higher than allowed, constructing a smaller driveway than normally permitted and reducing the number of required parking spaces from 84 to 24.

Officials at Western OTB think the odds of hitting a jackpot are better if their proposed hotel overlooks the Batavia Downs racetrack.

It is, after all, the oldest lighted harness racing track in America and the reason Batavia Downs exists in the first place.

Shoehorning it into the constrained space around the track, however, will require some bending of the rules.

There are zoning variances needed to lot size, lot frontage, front, side and rear setbacks and building height.

The scope of the variances prompted county planning staff to recommend disapproval of the project.

After Western OTB VP Mike Nolan pleaded with the board to support the project, saying it's the only viable option to ensure Batavia Downs continues to thrive and generate millions of dollars for the local economy, planning board members were unwilling to say no to the plan. They also didn't say yes.

The board took no action and the plan is now kicked back with no recommendation to Town of Batavia planners. It will be up to the town's Planning Board to decide whether to grant the variances.

Yes, Town of Batavia, not City of Batavia.

When the hotel plans were first announced, for the 80- to 100-room hotel, officials were talking about a location on the south end of the track, near Tops Plaza, but Nolan said further study on that location indicated it just wasn't viable. It's simply not big enough.

The current proposed location is on the north end of the track and would require the removal of some of the current paddock area.

It's critical, Nolan said, that the hotel be attached to the gaming facility and that it have suites with balconies overlooking the track.

A board member asked, why not in the parking lot on the west side of Park Road?

"It's important that horse racing stays strong and vibrant," Nolan said. "Over in the parking lot, it wouldn't have the same appeal as overlooking the oldest lighted harness racing track in America."

The target audience for the hotel aren't travelers passing through the area, but people willing to travel to Batavia specifically to place bets on races and drop coins in slots.

The desk for the hotel would, in fact, be in the gaming facility itself. (Some of us might call it a casino, but the state's compact with the Senecas prohibits Batavia Downs officials from calling it a casino).

The gaming environment in WNY is getting more competitive, Nolan said, and with the Senecas planning a new $400-million casino a short drive away, it's critical Batavia Downs up its wager on local gaming. Western OTB recently completed a $28-million upgrade to Batavia Downs and the hotel represents the next phase in making Batavia Downs more attractive to gambling dollars.

The land for the hotel would be sold to private investors who would own the hotel and operate it as a franchise of a national hotel company.

Nolan noted that when Western OTB took over Batavia Downs, since Western OTB is a public benefit corporation, it took $3 million in assessed value off the tax roles. The new hotel would be assessed at something in the neighborhood of $7 million, and while tax abatements used to help fund development would delay the full value of that tax levy being realized by some local governments, eventually it would generate substantial tax revenue for the county and school district.

Even if the private developers decided to eventually sell the property and Western OTB became the owner, the property would stay on the tax roll, Nolan said.