batavia

John Deleo made an impassioned plea to his fellow City Council members Monday night to support a resolution calling for a ban on further expansion of gambling facilities in Western New York.

But he couldn't convince Rose Mary Christian.

Christian was the lone council member voting against the resolution because she didn't see it as necessary.

"It's important we share in this opposition," Deleo said. "We need to be opposed to any more casinos because we're already at a point of over saturation, so this is very important."

According to the resolution, the Seneca Nation is planning to buy land in Henrietta in order to build a Vegas-style casino near Rochester.

Batavia Downs draws a lot of customers from Monroe County, Deleo said.

“The Seneca Nation is looking at building a casino in Henrietta,” Deleo said. “It would definitely hurt us. The barbarians are at the gate.”

Batavia Downs generates income for local governments in 11 WNY counties, including $3.5 million for Genesee County, on gross annual revenue of $215 million. It employs 460 people in Batavia with an annual payroll of $5 million.

Members of the New York Legislature and the governor's office will receive copies of the resolution passed on a 8-1 vote by the council.

The city and the union representing city firefighters have come to an agreement on a new contract that won't have much near-term impact on city spending, but should mean cost savings in the future.

The contract will allow the city to eventually eliminate two firefighter positions and will save the city the expense of providing health insurance in retirement to firefighters hired after the contract was implemented.

"We've been getting every union to agree to that moving forward," Molino said.

Firefighters will get a 2.75-percent pay increase for the current year.

The contract also calls for: an increase in qualifications in order to serve as acting lieutenant; new hires' participation in the wellness program provided for other city employees; random drug testing; and changes to paid leave.

The fire department currently has four vacancies. Instead of being required to fill all four vacancies this year, the city will be able to fill one vacancy a year for the next four years.

Currently, there are 36 union positions in the department -- 28 firefighters and eight supervisors. Under terms of the new contract, which runs for five years, the city will be able to eliminate two firefighter positions in 2018.

The City Council found $54,000 to trim from the proposed 2014-15 city budget Monday night, reducing the proposed tax rate to $9.17.

There will be no free Wi-Fi Downtown and no electric car charging station.

There will be a new assistant city manager, and Jason Molino said that may be the most strategically critical component of the budget.

"For the first five or six years I was here, we focused on creating a good financial foundation and establishing good financial practices," Molino said. "That doesn't go by the wayside, but now we're broadening our horizon and saying what are the issues we want to focus on and that comes down to quality of life, economic development and community development. I think having another executive in the manager's office to help contribute to bring some of those goals to fruition will be a benefit."

The council rejected a proposal to remove the new position from the budget by a 4-5 vote.

Voting to remove the position were John Deleo, Brooks Hawley, Gene Jankowski and Kathy Briggs.

Voting to keep the position in the budget were Kris Doeringer, Patti Pacino, John Canale, Pierluigi Cipollone and Rose Mary Christian.

Deleo said he didn't think the position was necessary, that any additional duties falling into the city manager's lap could be outsourced or handled by part-timers. Hawley and Jankowski said they favored waiting at least a year to see if the position was really needed.

Jankowski also argued that the list of duties for the new manager will take somebody of super human knowledge and training.

The new duties of the new job will include:

• Assist with the police facility needs assessment;
• Prepare for negotiations with Genesee County regarding the water and sewer maintenance agreement and sales tax agreement;
• Negotiate a new CSEA contract;
• Work with Vibrant Batavia and Batavia PD on community and neighborhood engagement efforts;
• Assist in infrastructure planning;
• Support HR in reviewing and analyzing healthcare and workers compensation programs;
• Act as the city's network administrator;
• Monitor the city's insurance program and act as a risk manager;
• Assist in preparing for the bond rating review; and,
• Assist in coordinating the neighborhood engagement effort (the project formerly known as neighborhood sweeps), including overseeing the collection of data, interpretation of date from multiple city departments and outside agencies, establish priorities, milestones and performance metrics for determining the success of the program.

"When I read over the list, it paints a picture of so many talents and duties that will take so much time that the person won't have time to do much of anything," Jankowski said.

He then read through several of the times of the list and added, "I think this person is going to be so overworked with just the duties in the first year that next year he's going to need an assistant to help him."

The long list of duties that Jankowski read off, countered Cipollone, is exactly why the position is needed. The hard working city staff has been stretched thin by seven years of budget restraints, but for the city to move forward the staff -- and particularly Molino -- is going to need some help pursuing some of these initiatives.

"The city has come out of a dark place where we were in a hole and we were able to fight our way back," Cipollone said. "We want to make this place a city where people want to live and want to do business and to do that we need to focus on the things we want to get done to provide the quality of life we want here."

Jankowski argued that some of the duties slated for the new position are best handled by existing staff. The project formerly known as "neighborhood sweeps," Jankowski said, is the police chief's job, not some staffer in City Hall.

"As a former police officer I can say nothing aggravated me more than somebody coming in who doesn't know anything about police work and trying to tell me how to do my job," Jankowski said.

In an interview after the meeting, Molino used the neighborhood program as an example of an initiative that needs high-level supervision. It's not just a single-function job, but moves across departments and disciplines to coordinate the effort.

The project will require somebody who can crunch data, marshal resources, communicate with all department heads and help guide a team of city staff to effective decisions.

"That doesn't happen from just a police chief's perspective," Molino said. "It doesn't happen from a fire chief's perspective. It doesn't happen from a director of public works perspective. It happens with a team of people working together, critical thinkers who have the ability to understand these issues from a complex perspective and say 'how do we work together as a group, as a team?' "

From a community development stance, one of the most strategically important jobs of the new assistant city manager will be working on a FEMA program that should lower the cost of flood insurance for homeowners in designated floodplains.

That was the issue Christian zeroed in on and said that's why the residents of her district support creating the position.

"I really need somebody to come in and help with the flood insurance issue," Christian said. "Flood insurance is already so high and now they say it could go 25 percent higher. We have people who aren't able to sell their homes, they won't invest in their homes because the cost of flood insurance is so high. If they have to pay 25 percent more, who is going to buy a home there?"

Reversing the trend on the Southside of declining home values, Molino said, is critical to community development. It's not good for anybody in Batavia when homes go into disrepair and become hard to sell. That brings down everybody's property values.

"I think it has a real negative impact on real estate values on the Southside," Molino said. "I think any realtor would probably agree that it's a hindrance to selling a home in the floodplain because people see that they've got this other bill, really it's like another tax bill, and at times it's a larger-than-your-tax-bill payment on a home that's assessed at less than others averaged out through the rest of the city, and when you look at the census tracks, these are the lowest moderate income houses. That's a recipe I think we want to change."

The city's $16.6 million spending plan was originally proposed with a 3-cent property tax cut from the current $9.30. With the items removed from the budget proposal last night, another 10 cents will come off the tax rate.

A public hearing will be held on the budget proposal at 7 p.m., Feb. 24. The council will vote on the budget at its following business meeting.

If you've been Downtown in the past day or so, you may have noticed pink markings spray painted on the snow.

A city official explained that the Department of Public Works has a few new employees and a new supervisor. They may not know what's buried under the snow, such as plants and streetscape. Rather than have them plow in a way that might damage the streetscape, workers will see the markings and know what snow to remove.

The Downtown snow removal will likely take place today.

So if you wondered, now you know.

They call it "The Big Ask."

The Big Ask is the third leg of a fund-raising effort developed by Vibrant Batavia to support it's community improvement efforts and putting together a centennial celebration for the city in 2015.

Fundraising efforts so far involve selling advertising to local businesses for a quarterly magazine and a discount card program to residents, but Vibrant Batavia also needs to raise big money from big donors.

Corporate sponsors are being sought to contribute as much as $5,000 or $10,000 each.

Monday night, members had another kind of Big Ask for City Council members: $45,000 for a second year of funding.

It's part of the plan -- Vibrant Batavia's plan has always included at least $45,000 in funding annually for three years -- but the request needs to be put before the City Council each year.

Council President Brooks Hawley said he's inclined to support the request.

"They've been doing a great job, being put together as many volunteers," Hawley said. "It's been a great effort."

Since the Spring of 2013, Vibrant Batavia has:

• Developed a logo and marketing plan;
• Entered into an agreement with Rochester-based nonprofit Neighborhood Works and hired a coordinator for Vibrant Batavia through Neighborhood Works;
• Conducted neighborhood surveys;
• Introduced Coffee Talks, a Fall Frolic, an advertiser-supported quarterly publication and discount program;
• Started planning the community's centennial celebration.

The second year of city funding is needed, City Manager Jason Molino said, to help continue and expand Vibrant Batavia's neighborhood organization efforts and planning for the centennial celebration.

"It's an energized group," Molino said after the meeting. "They want to do with good things in the community. I think they want to continue that momentum."

For 2013, Vibrant projected $67,000 in revenue, with $45,000 coming from the city. The actual fundraising effort garnered $60,790.

Expenses were $10,000 lower than projected.

Vibrant Batavia spent $31,000 with Neighborhood Works, $500 on logo design, $7,500 on developing a sponsorship plan with Buffalo Block Club, $10,902 on printing expenses and $7,500 on the centennial celebration.

For 2014, Vibrant Batavia's revenue plan projects another $45,000 from the city and $42,000 in revenue from local businesses, with expenses of $31,500 on Neighborhood Works, $35,500 on programming and $20,000 on centennial planning.

"All of us have come together, community members and volunteers, because we believe in our community," said Vibrant Batavia Board Member Marty McDonald.

Kathy and Jim Owen were honored by the City Council on Monday night homeowners of the year.

Karen Reisdorf, owner of Blue Pearl Yoga, received the City Council's Business of the Year award.

The T.F. Brown's Squirt III Batavia Ramparts Hockey Team garnered silver medals at the Empire State Winter Games held Olympic Center in Lake Placid this weekend.

Batavia was the #1 seed going into the final rounds after winning their first three games. They lost the gold medal round to the Rye Rangers.

Pictured are Head Coach Jeff Bower, Assistant Coach Brian Frieday and players Drew Bower, Vincent DiRizio, Matthew Frieday, Levi Grimm, Zachary Howard, Austin Hunt, Collin Kratz, Chase Pangrazio, Dominic Peracciny, Connor Peterson, Eric Pfalzer, Sean Pies, Jace Rademacker, and Max Tenney.

Photo and information submitted by Robert Grimm.

Following a week-long trial that ended Friday, a Batavia resident was found not guilty on three felony counts stemming from an allegation he forced a victim to engage in sexual acts.

Kyle H. Morse, 17 at the time of his arrest a year ago, was, however, found guilty on a single misdemeanor count of sexual misconduct.

The grand jury indictment on that count accused Morse of engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by virtue of being less than 17 years old.

The jury returned not guilty verdicts on counts of criminal sexual act in the first degree, sexual abuse in the first degree and criminal sexual act in the third degree.

Morse is scheduled to appear for sentencing on the misdemeanor conviction April 10.

An executive of Batavia-based Muller Quaker Dairy tells an food industry news Web site that the yogurt maker is on pace to reach $100 million in annual sales in the U.S.

"Promotions are playing a role," Barb Yehling, chief marketing officer at Muller Quaker Dairy, told Foodnavigator-USA.com. "However, at the end of the day it’s product quality and taste that matter to consumers. Again, this is where Müller yogurt excels."

Yehling said the company is focused on innovation and meeting unmet needs to bring to the American public a Greek-style yogurt that is fun and flavorful.

Nina M.E. Kelso, 29, of Hutchins Street, Batavia, is charged with torturing or injuring an animal/failure to provide sustenance and owning/haboring an unlicensed dog. Batavia PD responded to Kelso's residence at 6:08 p.m., Feb. 4, to investigate a report of a maltreated/malnourished dog. Officers allegedly found a pit bull identified as Kelso's dog that was malnourished and weak. The dog was reportedly unable to stand or move on its own. The dog was also unlicensed. The dog was taken to Batavia State Street Animal Hospital and continues to receive treatment and care.

Johnnie M. Waston, 30, unknown address, Rochester, is charged with criminal impersonation, 2nd, and criminal trespass, 2nd. Waston allegedly entered the apartment on State Street of somebody he did not know at 1:54 p.m., Sunday, and remained in the residence unlawfully. Waston allegedly provided a fake name to police and was later recognized and identified by jail personnel. Waston was found to have an active bench warrant for his arrest out of the city court in Rochester.

Scott R. Merrill, 45, of Darien Center, is charged with DWI. A state trooper reportedly observed a vehicle stop at the Colby Road railroad crossing, which at the time had flashing lights and the gate arms down, indicating an approaching train. The vehicle allegedly proceeded around the gates and narrowly avoided being hit by an Amtrak train. The vehicle was stopped and Merrill was taken into custody following further investigation.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with inhalation of toxic vapors. McKenzie was reported found at 11:51 a.m., Feb. 5, sitting in his vehicle allegedly huffing keyboard cleaner. He was also charged with petit larceny for allegedly shoplifting from Walmart.

Danny Jay Torok Jr., 26, of Dodgeson Road, Alexander, is charged with assault, 2nd. Torok allegedly started a fight with another inmate while incarcerated at the Genesee County Jail.

Mark Andrew Kempie Jr., 45, of West Main Street Road, Batavia, is charged with petit larceny. Kempie allegedly stole merchandise valued at $13.67 from Kmart.

Gary Edwin Gerevics, 55, of Indian Falls Road, Corfu, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Gerevics was allegedly found in possession of firearms in violation of a court order of protection. He was jailed on $3,000 bail.

Jason A. Klinkbeil, 25, of 50 South St., Le Roy, was arrested on a bench warrant. Klinkbeil turned himself in on a warrant for alleged failure to comply with drug court. He was jailed on $100,000 bail.

Nathan Paul Crawford,18, of Hutchins Street, Batavia, is charged with public lewdness. Crawford allegedly exposed his genitals to another person while on East Main Street, Batavia, at 5:46 p.m., Feb. 5.

Suzanne M. Corona, 44, of Batavia, is charged with petit larceny. Corona is accused of stealing from a location Veterans Memorial Drive, Batavia, at 8:38 p.m., Saturday. She was arrested by State Police. No further details released.

Jacob J. Lentz, 24, of Aurora, Iowa, is charged with DWI and driving with a BAC of .08 or greater. Lentz was stopped at 10:50 p.m., Saturday, on Albion Road in Oakfield by State Police.

Deborah L. Smith, 55, of Spencerport, is charged with DWI, refusal to take breath test and drinking alcohol in a motor vehicle while on highway. Smith was stopped by State Police at 11:25 p.m., Friday, on Route 63, Town of Batavia.

A call has come in for a possible fire in the attic at 3885 W. Main Street Road, Batavia.

Town of Batavia fire dispatched.

UPDATE 8:41 a.m.: Chief on scene. Light smoke showing.

UPDATE 8:42 a.m.: Confirmed fire in the structure. All available man power to the scene.

UPDATE 9:25 a.m.: National Grid on scene.

UPDATE 9:56 a.m.: Red Cross requested to the scene. Two adults and five children need housing for "just a couple of days," a chief says. No clothing needed.

UPDATE: This morning's fire could have been much worse, according to Chief Paul Barrett and resident Shawn Gaylord.

Gaylord's wife smelled the smoke and found the fire. Gaylord was just returning home and he and his wife were going to go right back out and be gone for four or five hours.

If she hadn't have smelled the smoke before they left ...

Gaylord started fighting the fire before the first fire trucks were on scene, using an extinquisher and containers of water.

The effort definately helped said the Town of Batavia chief.

"I didn't stop him from fighting the fire because it was working so well until the city got here just ahead of our truck, 30 seconds ahead of our truck," Barrett said.

City fire was dispatched because the slippery roads made it a little harder to get a driver to the Town of Batavia's fire hall to get an engine rolling.

The fire was contained to an upstairs bathroom and bedroom area, caused about $10,000 in damage, Barrett said, and was definitely electrical in origin.

The meter has been pulled and electric repairs and inspection will be necessary before the house can be occupied again.

The property is owned by Timothy Dancy.

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An accident involving two or three vehicles is blocking traffic at East Main and Liberty streets in the City of Batavia. There are believed to be minor injuries. City fire and Mercy medics are responding along with police.

UPDATE 11:10 p.m.: Two flatbed tow trucks are called to the scene.

The T.F. Brown's Batavia Ramparts Squirt III Hockey Team is participating in the Empire State Winter Games, being held Feb. 6 through 9 in Lake Placid. The team posed for a picture prior to lining up for the opening ceremonies at the Olympic Center. They will play four games with a chance to win gold, silver or bronze medals. The Ramparts are the Western Region representative in this invitational tournament.

Information and photo submitted by Robert Grimm.

Automatic alarms of fire and water flow are sounding at both Petco and Bed, Bath & Beyond on Veterans Memorial Drive. The Town of Batavia Fire Department command is on scene. A responder says it appears "the pump is not running" at BBB.

They have entered both stores and silenced the alarms at BBB, where there is no water flow or "obvious signs of fire." At Petco, same situation, but the burglar alarm went off, they noted probably because of their entry.

Engine 21 just arrived. All other equipment is told to remain in quarters.

UPDATE 4:01 a.m.: Reps for both businesses are responding in about 30 to 40 minutes.

UPDATE 4:18 p.m.: Everything checks out. One door or something which was supposed to be locked up was "found unsecured." Command says they are leaving it like they found it. Corps command will remain on scene until the reps arrive. The others are leaving the scene and the town's assignment is back in service. Petco reopened yesterday after some fire-related rehab due to the recent blaze in the bedding department of the store next door, BBB, which remains closed for now.

From WBTA:

WBTA is experiencing a transmission failure and has lost the over-the-air signal.

WBTA can still be heard on the stream on the homepage at WBTAi.com or on our iPhone app which is available free at the iTunes store.

Repairs are under way and we hope to have service restored as soon as possible.

Thank you for your understanding.

UPDATE 6:51 p.m.: As of at least an hour ago, WBTA is back on the air. Problems fixed.

Got cat food? The folks at Petco want you to know the store on Veterans Memorial Drive has reopened. It was partially damaged in the Bed Bath & Beyond fire.

We received this statement today from Jessica Joyce, a spokeswoman for Bed, Bath & Beyond:

We are working with the landlord and insurance professionals to reopen as soon as possible. Yes, we did offer reassignments to all of our associates.

The store was closed following a fire in the bedding department Jan. 27 and all of the merchandise, shelving and fixtures have been removed from the store.

Leon Clayton Bloom, 31, of Liberty Street, Batavia, is charged with criminal contempt, 1st, and coercion, 2nd. Bloom is accused of violating an order of protection by sending a letter to the protected person. He's further accused of trying to coerce her into doing things she has a right not to do. Bloom is currently in custody on another matter.

Rodney Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie is accused of shoplifting at Walmart. He was jailed on $500 bail.

An accident, possiblly with injuries, is reported in the area of 25 Pringle Ave., Batavia.

City fire and Mercy EMS responding.

UPDATE 8:20 p.m.: City fire is back in service.