batavia

An 18-year-old Batavia man accused of engaging in sexual activity with a child under 11 years old is less than four months removed from being released from custody on similar charges.

Ronald Smith, of 679 E. Main St., Batavia, was let out of state prison in October as a Level 3 sex offender.

Smith was previously convicted of engaging in sexual activity with girls ages 8 and 9. He was a Genesee County resident at the time of his arrest. He was convicted in March 2008 and sentenced to one to three years in prison.

Upon his release in October, Smith moved to an apartment on Thorpe Street and registered his address with authorities.

In November, Batavia Police sent a notice to residents in the area around Thorpe that a Level 3 sex offender was in their midst.

The address listed was a residence managed by Jeremy Yasses of J.P. Properties. Yasses said residents contacted him immediately about Smith living in one of his dwellings.

He had no idea Smith had moved in with a friend who was a tenant of an apartment.

The day after being notified, Yasses, who manages several properties on Thorpe, demanded that Smith vacate the residence. When he followed up with police, Yasses said he was told that Smith had moved to Oakfield.

"I don't want to live next to them and I don't expect my tenants to live next to them," Yasses said of Level 3 sex offenders. "I wouldn't ask my tenants to live next to anybody I wouldn't live next to myself."

At the time of his arrest today, Smith was, according to police, located at a residence at 679 E. Main St. in Batavia. He was also charged with failure to register his current address, as required by a registered sex offender.

Det. Kevin Czora said the recent allegations that Smith engaged in sexual conduct with a child under 11 were brought to police attention by a parent of the victim.

Smith was jailed on $25,000 bail.

(Initial Post)

A Level 3 sex offender has been arrested and accused of having sexual contact with a child under 11 in the City of Batavia on more than one occasion over a period of several months.

Ronald Smith, of 679 E. Main St., Batavia, is facing three charges of sexual abuse, 1st, and failure to report address change.

About a month ago, residents around Thorpe Street were notified by Batavia Police that Smith moved into an address at that location. He apparently did not stay long there.

Smith was jailed on $25,000 bail.

The courthouse at 1 W. Main St. has been evacuated because of a fire alarm.

The alarm may be related to construction.

City Fire arriving on scene.

UPDATE 12:30 p.m.: There was no fire. False alarm. City fire is back in service. People are back inside the building. (Didn't hear when the scene was cleared.)

Press release from Genesee ARC:

Batavia, NY -- Family and friends of Genesee County ARC’s first PREP for Life Class gathered Thursday, Jan. 13 for a graduation ceremony at Genesee Community College’s Stuart Steiner Theatre.

Ten students walked across the stage to obtain their achievement certificate, marking completion of the program aimed at expanding their educational and vocational options.

PREP is an acronym which stands for People Realizing Education and Employment Potential. The program is a partnership between Genesee ARC and Genesee Community College and was established to improve student transition from high school to employment. It is a non-credit certificate program for individuals with developmental disabilities who desire a college experience.

The graduates are: Melissa Cook, Jesse Gray, James Grudzien, Dwight Hicks, Sherrie McKenzie, Andrew Moyles, Jason Northrup, Corinne Phelps, Christine Tinklepaugh and Janette Vick.

"PREP for Life grew out of our conversations with families who wanted their children to have access to more life experiences and skills," says Genesee ARC Executive Director Donna Saskowski.

Students learned skills in the areas of socialization, self-advocacy, time management, transportation, adaptive living skills, career exploration, job readiness and employment training. Another aspect of the curriculum included community volunteerism. Students used classroom space at the Genesee ARC Community Center, and at GCC they used the library, cafeteria, computer lab and meeting space.

According to Clifford Scutella, GCC director of Student Activities, it has been a pleasure interacting with the PREP for Life Students.

“They love life and being here brings so much joy to us and everyone at the college,” he said.

Since PREP for Life began, Mr. Scutella has always reached out to include the students in college activities. He was a speaker at Thursday’s graduation. PREP for Life Teacher and Genesee ARC Day Habilitation coordinator Kim Weber also addressed the students and guests.

“As a teacher, I believe that every day is about learning -- not just for the students, but for the teacher as well,” she said. “Each day the students have taught me something about myself, life and becoming a better person."

Graduates can now use the skills they have developed to help focus on their future. Opportunities include a new program option called AIM (Adults In Motion). It is a community-based enrichment program that gives individuals an opportunity to further explore their interests and goals.

It offers a variety of instruction and experiences designed to increase independence in various functional living skills such as safety, health and nutrition, hygiene, recreation and leisure, career exploration, and community access.

There is also the potential for training in prevocational/vocational areas through the Vocational Department at the Genesee ARC Work Center and the new Culinary Arts Program at the Genesee ARC Community Center.

Photo submitted by Sandy Konfederath.

A one-car rollover accident has been reported in the area of 40 Ellicott Ave., near the intersection at Washington Avenue.

One person is trapped and needs extrication. The victim says he's not injured.

City of Batavia Fire and Mercy EMS responding.
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The Batavia City Council will hold a budget work session beginning at 6 p.m. on Wednesday, Jan. 19. It will be held in the Council Board Room on the second floor of the Batavia City Centre.

If you or someone you know is planning a wedding or even thinking about it, Terry Hills is showcasing all things bridal at a premiere extravaganza this Sunday.

Six months in the making, organizers have pulled together all local vendors to offer would-be brides, grooms, and their families, the opportunity to check out a wide array of products and services in one location.

From gorgeous gowns, modeled live, to sparkling jewelry, from scrumptious cakes made right here in Batavia to professionals who can make you look and feel your best -- they will be there.

There's no admission fee. It starts at 11 a.m. and ends at 4 p.m. in the banquet room. There will be lots of door prizes, too. Terry Hills is located at 5122 Clinton St. Road in Batavia.

Sample catering selections, get personal consultations from experts, see the many choices available for creating a wedding that is memorable and beautiful, regardless of its size or your budget.

There will be 28 vendors, mostly from Genesee County, but also from Orleans and Wyoming counties.

"You're not just going to be a number," said Terry Hills Marketing Director Lisa Fickel, who co-created the event along with Tonisha Price, who owns East Bethany-based Sweet Ecstasy Bakery.

Both women are particularly proud to offer this new event in Batavia, which they hope will grow annually.

"I'm so proud of the fact that it is all local businesses participating and I'm thrilled for Terry Hills," Fickel said.

The idea for a centralized bridal marketing show came about when Price contacted Fickel about having one at Terry Hills, a restaurant/banquet/golfing venue which has seen an increase in wedding bookings.

Last year, 33 wedding events were held there, Fickel said, noting that the banquet room can accommodate up to 200 people.

Preparing for Sunday took Fickel back to her days at AAA, doing trade shows built around a central theme, say like a trip to Mexico. And for the wedding show, she already had a stack of contacts, thanks in part to those who booked wedding parties at Terry Hills and asked about a needed service.

Do you know who can make a chocolate ganache wedding cake? Who would you go to for unique flower arrangements? We haven't chosen rings yet, any recommendations?

On Sunday, there's sure to be some matches made in heaven.

Find out more online at www.BataviaBridalShow.com

(As Price points out in a comment to this story, you can register online and thereby avoid waiting in line at the door.)

This weekend, the Western New York Arts Society will return with a bang from a one-year hiatus with the enormously popular and acclaimed rock opera, "RENT." It's the society's first show since  "The Producers" in 2009, and one that most certainly will prove worth the wait.

"'The Producers' was just a gigantic show," said Jason Juliano, the head of the group and the producer of "RENT." It had a huge budget and a two-week run in both Batavia and Buffalo.

"We definitely needed a break after that was all done. This has a much lower budget, but that doesn't mean it's of a lower quality."

Director Ashley Bateman says the decision to do "RENT" was an easy one.

"It's always been my favorite show," she says. "And it's never done around here, so it's offering something new to the community."

The WNYAS has something of a history of producing "new" shows. "RENT" will join the ranks of the other successful, nontraditional productions that the company has performed, which include "Urinetown," "The Producers," and "Songs for a New World."

If the WNYAS name does not sound familiar, that's because the group has recently undergone a change in moniker. It was previously known as the Batavia Musical Society, but because of increasing participation from actors in the Buffalo and Rochester areas and performances in venues not in Batavia, the group felt the renaming would give them a greater opportunity to expand.

"RENT" is a modern-day version of the opera "La Boheme" set in New York City. It follows the lives of the young starving artists who live there as they struggle with HIV/AIDS. The show has won numerous awards, including the Pulitzer Prize and the Tony Award for Best Musical, and enjoyed a 12-year run on Broadway.  

Mark, one of the aforementioned starving artists and the show's narrator, is portrayed by Jake Bortle of Le Roy.

"He's really, really, poor," Bortle says of his character. "He's extremely pathetic."

But regardless of the "pathetic"ness of Mark, Bortle says it is a role he has always wanted to play. Bortle, 17, is a senior at Le Roy High School and an active participant in the Genesee County theater community. He plans on attending Park Point University after graduation to study musical theater and hopes to someday work as a professional actor.  

Despite the fact that Bateman describes the show as "definitely PG-13," Bortle is not the only high school student involved. The cast of 16 is comprised mainly of teenagers and college students, with only a smattering of adults.

Although some of the themes may be inappropriate for children, Juliano says the show contains an "amazing message of tolerance and acceptance. Do not take anything for granted, and live every day as if it's your last because you never know when your last day will come. Live life to the fullest."

Performances of "RENT" are 7:30 p.m. Thursday, Friday and Saturday and at 2 p.m. and 7:30 p.m. on Sunday, all at the Ross Street Performing Arts Center in the Batavia Middle School, located at 96 Ross St.

Reserved-seating tickets are $15 and can be puchased online at www.wnyas.com or by calling 585-201-3750. Tickets are also available from 9 a.m. to 3 p.m. Thursday and from 9 a.m. to 1 pm. Friday at the Juliano Allstate Insurance Co. (located at 590 E. Main St., across from Aldi). At-the-door tickets will be available in the lobby at 6:30 p.m., and the house will open at 7. The theater is handicap accessible.

A Vine Street resident is accused of defrauding an elderly woman of more than $58,000 from September 2009 to October 2010.

The case came to the attention of authorities after local bank employees became suspicious of $5,500 in checks the suspect was trying to cash.

Charged grand larceny, 2nd, is Myron W. Hartford, 41, of 154 Vine St., Batavia.

Hartford was jailed on $50,000 bail.

Adam Richard Kopp, 20, of Bushhill Road, Farmersville, is charged with criminal possession of a controlled substance and petit larceny. Kopp is of stealing and then possessing a quantity of Lortab tablets. Kopp was jailed on $10,000 bail.

Dana Douglas Hagen, 31, of Batavia-Byron Townline Road, Byron, is charged with DWI, moving from lane unsafely and no seat belt. Hagen was allegedly involved in a personal injury accident at 11:08 p.m., Wednesday, in the area of 7812 Fotch Road, Stafford. Hagen's car reportedly struck a utility pole at that location.

Penny S. Hofert, 45, of 11 Porter Ave., Batavia, is charged with petit larceny. Hofert is accused of shoplifting from Dollar General.

Mickey Harlan DeJesus, 22, of Perry Road, Pavilion, is charged with criminal contempt, 2nd. DeJesus is accused of contacting a female he was ordered not to contact. The protection order was issued by Town of Le Roy Court. DeJesus was jailed on $500 bail.

Brian Richard Gombos, 21, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Gombos was arrested following a traffic accident at 2:39 a.m. today in the area of 7104 Quinlan Road, Le Roy. Gombos's car reportedly struck a utility pole. There were no injuries in the accident.

Jeffrey Allan Mooney, 57, of Quaker Road, Albion, is charged with driving with ability impaired by drugs, no license plate lamp, insufficient tail lamps and leaving scene of a property damage accident. Mooney is accused of driving a car that struck gas pumps at Yellow Goose in Elba and then leaving the scene at 4:41 p.m., Jan. 6. Following a tip from a witness, Mooney's car was spotted on Route 98 in the Town of Batavia by Deputy Cory Mower.

Overnight snow brough a few inches of accumulation and this morning Dan, a county worker, was out shoveling Ellicott Street sidewalks.

The snow, with an accumulation of one to three inches, is expected to continue until 5 p.m.

Temperatures are in the high teens.

Margeret Puzio, superintendent of Batavia City Schools is very worried about the coming year.

She's worried about possible cuts in state aide to schools and she's worried about Gov. Andrew Cuomo's proposed property tax cap.

Puzio spoke with WBTA today.

"It will be interesting to see, in the governor's budget, how state aid will be affected," Puzio continues.

"Frozen state aid is probably our best-case scenario. And with all of our costs going up, frozen state aid means we'll need to make significant cuts. But if there are cuts to state aid...that would be disastrous for us."

In the face of those probable cuts, Cuomo is also proposing a 2-percent property tax cap. If that goes through, Puzio sees dark days ahead.

"The tax cap is a rather extreme solution to the problem," she says. "This year the expenditures on the retirement systems go up significantly. So it's going to be difficult to maintain our educational program, and stay within a 2-percent tax cap.

"It might be impossible. And I'm not given to saying that things are impossible - but it just might be impossible."

One of Batavia's landmark signs has been partially shut off the past few nights, and a new sign has gone up on the historic Pontillo's location. It reads "Batavia's Original."

Meanwhile, an ad in the Le Roy PennySaver this week announced that the Le Roy Pontillo's location will close its doors Thursday. All gift certificates for that location must be used by that date, the ad said.

The owners of the Batavia Pontillo's/Batavia's Original were served with a federal trademark infringement suit in September. There's no word on the status of that lawsuit.

In October, it was disclosed that the Le Roy location is allegedly delinquent in taxes, with $24,261 owed to the county, school district, village and town.  If not paid, the property could go up  for auction in March. UPDATE: County Treasurer Scott German says the property taxes were paid in December.

Sam Pontillo told WBTA that his parent's estate owned a majority share of the Le Roy location.

"I didn't want to be tied to there with the mortgage anymore," Pontillo said. "So, I think it's time for something new for me."

In November 2008, when the Batavia Pontillo's location closed, Sam Pontillo told the Batavia Daily News: "I do not own that one," Sam said, pointing west toward Batavia from the Le Roy Pontillo's. "I own this one."

The estate has been tied up in a protracted lawsuit.

The ladies of the Red Fedora Fanatics, who get together monthly for a social luncheon, met at the Fedora Diner on Ellicott Street Road today. All of the women are Genesee County residents. 

One member said, "without our drivers, many of us couldn't get here," and asked that I take a picture of their drivers, below.

A possible fire is reported inside the West End Mobile Home Park, located at 4016 West Main St. Road in the Town of Batavia.

The mobile home is near Lot 19. Town of Batavia Fire Department is responding.

The caller said there was smoke and/or steam coming from the trailer, which is unlocked and no one is home.

UPDATE 2:45 p.m.: Fire officials are requesting a code enforcement officer to go to the scene.

UPDATE 2:48 p.m.: Nothing found. The fire engine is returning to service. But a fireman is staying at the scene until the code enforcement officer arrives.

Home improvement and building contractors wishing to do business in the City of Batavia may soon have to pay an annual $125 license fee.

The new contractor licensing proposal is contained in the city's 2011/12 fiscal year budget.

It would cover electrical contractors, painting contractors, flooring contractors, insulation contractors, driveway sealers and subcontractors employed by other contractors who are not required to file for building permits.

The proposal says the proposed licensing law is an attempt to protect citizens from uninsured contractors and generate additional revenue.

The proposed law would require licensing and proof of insurance.

The fee is intended to be adequate for development, maintenance and enforcement of the licensing program.

Annual revenue is expected to be $25,000.

When formally presented with the proposal, the Batavia City Council will be asked to adopt a resolution covering three fees associated with the law -- a license fee, annual renewal fee and replacement fee.

No further details were contained in the budget report.

As we reported previously, the proposed 2011/12 fiscal year budget for the City of Batavia contains a 1.59-percent increase in the property tax levy.

Below are some highlight's from City Manager Jason Molino's annual budget message, released yesterday:

• In 2006, the city council embraced a "Road to Reconstruction" plan that outlined three steps to "slow the bleeding," "stop the bleeding," and "recovery." The plan combined cutting expenses, raising taxes, improving fiscal management and, finally, developing a plan for going forward.
• At the time, the city had a lingering $2.2 million general fund deficit. The city responded by eliminating 35 staff positions and raising taxes by 19.5 percent in 2007 and 8.2 percent in 2008. Prior fund balance deficits were eliminated.
• Inter-fund loans, taking money from one revenue bucket in the city budget and using it to fund other operations, were eliminated by 2010, improving the fiscal health of the city.
• The undesignated fund balance -- cash reserves -- moved from a deficit of more than $2 million in 2006 to a positive balance of $206,216. That's still well below the NYS Comptroller's Office recommendation for the city of $700,000 to $1.4 million.
• There were property-tax increases of 1.6 percent and 1.55 percent in 2009 and 2010.
• In March 2010, the city council adopted a Water and Sewer Capital Infrastructure Plan to address the city's aging infrastructure. The plan lays out a 10-year road map for infrastructure replacement with no more than a 4-percent increase in water rates and no increase in sewer rates.
• Consolidation of police dispatch with the county has achieved a $215,000 annual savings.
• In 2008, the city fire department's ambulance service had created a $1,276,350 intra-fund loan to make up for revenue shortfalls in the service. There was no plan to payback the continued operational deficit, jeopardizing the health of the city's general fund. Elimination of the ambulance service has enabled the city to protect its general fund from further revenue drains.
• In 2007, the city began to aggressively pursue grants and have so far garnered $4 million in state and federal grants, including (but not all): $1.5 million for the Masse-Gateway Project; $150,000 for sidewalks; $411,000 for Bank Street improvements; $260,000 for consolidating dispatch; and $400,000 for a housing rehabilitation program.
• "We still have many objectives left to accomplish, such as fund balance and reserve fund growth," reads the report.
• General fund appropriations for 2011/12 are expected to be $14.8 million, with an increase of the property tax to $10.51 per $1,000 of assessed value. Property tax, however, is only one-third of the city's revenue.
• A state program, Aid to Municipalities, is expected to decrease by $75,000, following a previous decrease of $38,000.
• $120,000 from the equipment reserve will be used to purchase a new dump truck/snow plow to replace a 26-year-old truck.
• The major increase in expenses is to cover pensions. Since 2009, the city's retirement contribution has increased 49 percent, or $528,919.
• The proposed budget includes continued contribution to reserve fund balances totalling $110,000 for equipment, employee benefit accrued liability, retirement, health care and facilities.
• Workers compensation is going up 9 percent, or $18,000.
• The city will buy a new detective's car for the police department at a cost of $20,000. There is also an anticipated $5,000 increase in overtime for community policing and a Neighborhood Enforcement Team, which is part of the new strategic plan.
• The fire department budget is going down by $60,000, primarily because three firefighters have retired, with lower-wage new hires being brought aboard. The union has agreed to let one position remain vacant for a year. Overtime has decreased by $85,000.
• Employees represented by AFSCME will receive no wage increase. CSEA employees receive a 1.5-percent increase and fire union employees receive a 2.5-percent increase. There is no wage increase for management employees. The city is also facing arbitration with the police union, which is four years in arrears on a new contract.

Since the city eliminated a community development director position, downtown retail vacancies have increased to 10 percent of the available space, double what it was in 2007.

At the same time, fewer businesses have applied for assistance through the city's revolving loan fund.

That data, along with responses from a citizen survey, indicate that the city isn't doing enough to spur economic growth. This is the driving force behind a proposal to create a new economic development coordinator position.

While the overall budget for the new position will be $90,000, only $10,000 of it will come from the city. The remainder will come from money currently in the revolving fund program and Micro-Enterprise Program fund.

Both of those programs could fund the new position for two or three years, according to a report prepared for city council, but it is expected that the coordinator will bring in additional grants to make the position self-sustaining.

"If it's not successful after two years, we'll find another approach," said City Manager Jason Molino.

The city is cutting $15,000 from its grant-writing/consulting budget and shifting $10,000 to the new position, for a budgetary savings of $5,000.

Molino said a big part of the new coordinator's job -- the position will have a salary range of $55,000 to $70,000 -- will be to spur small business growth.

The report says a lot of smaller projects, rather than one big project, is what's needed to drive economic growth, especially downtown, which the report says is key to Batavia's economic vitality.

Between 2003 and 2004, according to the report, the revolving loan fund provided $368,500 in loan assistance for 32 projects.

After the previous economic development position was eliminated, from 2008 to 2009, the program provided only $55,000 in assistance for three projects.

The earlier effort created or retained 111.5 jobs, while the job impact in 2008-2009 covered only 34 positions.

The report also notes that in the recent citizen survey, "economic development/job growth" was the number one service-area concern among residents, ahead of public safety. The survey also indicated that economic growth is also where the city is perceived to be having the smallest impact.

City council has yet to vote on the proposed new economic development coordinator position.