batavia

Marcos Juan Gomez, 31, of Rochester (pictured, right), is being charged with robbery in the 1st degree after allegedly being caught shoplifting at Target, and when security personnel there tried to stop him, he reportedly pulled a knife and fled. He was subsequently apprehended in the Home Depot parking lot. He is being held in Genesee County Jail in lieu of $20,000 bail.

Michael F. Geer, 18, of Batavia, is in jail on $5,000 bail and charged with harassment in the second degree and menacing in the second degree after allegedly wielding a knife and threatening to kill his mother. He is also charged with possession of a controlled substance He was taken into custody yesterday at around 5 p.m.

Benjamin Muntz, 20, of Oakfield (pictured, left), is accused of forgery after allegedly trying to pass forged checks at a local bank. He was arrested Thursday by a Sheriff's deputy while at Batavia City Court. He allegedly possessed two forged checks while at a Batavia bank in September. He is held in custody in lieu of $5,000 bail.

A 17-year-old girl from Stafford is in custody and held on $1,000 bail after allegedly entering a residence and taking $300 worth of property. She is charged with burglary in the second degree, a felony, and petty larceny. An order of protection was also issued.

Clint L. Stafford, 27, of Basom, was charged with DWI and felony unlicensed operation of a motor vehicle early Sunday morning. He was also ticked with an improper left turn and an open container.

A 17-year-old from Bergen is being charged with possession of a controlled substance in the 7th degree. A K-9 reportedly found hydrocodone in the teenagers possession in November and a subsequent lab test confirmed the substance was hydrocodone. The teenager was issued an appearance ticket.

A 17-year-old girl involved in a motor vehicle accident in Stafford last week was allegedly found with a switch blade knife and several marijuana pipes. She is being charged with criminal possession of a weapon in the 4th degree and unlawful possession of marijuana.

I wish I could find David J. Gordon, if he's still alive, and interview him. On video would be especially good. I wonder if he would squirm at all?

Gordon is the City of Batavia's former Director or Urban Renewal.  If there is one single person responsible for tearing down half of downtown Batavia and building that brutal mall, it is Gordon.

We could give Gordon his due and excuse his enthusiasm for destruction and reconstruction to youthful folly and the trends of the time. Or could we see him as a locus for change that not many Batavian's wanted (it's very hard to find any long-time residents who say they support (or should I say, "admit" that they supported) the city's decision at the time).

C.M. Barons, loyal reader and commentor on The Batavian, interviewed Gordon in 1973. He e-mailed me a copy of the article.

Reading the Q&A is nothing less than infuriating.

Gordon started his young adult life pursuing study in social sciences and then flirted with becoming a priest, but wound up in Washington, D.C. where he got involved in urban renewal, a particularly flatulent excess of federal largess aimed at destroying city blocks and replacing them with anything, anything at all.

Urban renewal was all the rage in the 1960s and 1970s.

Wikipedia:

Urban renewal is extremely controversial, and typically involves the destruction of businesses, the relocation of people, and the use of eminent domain as a legal instrument to reclaim private property for city-initiated development projects.

In the second half of the 20th century, renewal often resulted in the creation of urban sprawl and vast areas of cities being demolished ... 

Urban renewal's effect on actual revitalization is a subject of intense debate. It is seen by proponents as an economic engine, and by opponents as a regressive mechanism for enriching the wealthy at the expense of taxpayers and the poor. It carries a high cost to existing communities, and in many cases resulted in the destruction of vibrant—if run-down —neighborhoods.

If you're a fan of The Kinks, you might be familiar with the 1971 album Muswell Hillbillies, which was Ray Davies scathing and often witty polemic against urban renewal. Long before I came to Batavia, it was one of my favorite LPs. Now it often strikes me as especially poignant.

I got a letter this morning with serious news that's gone and ruined my day,
The borough surveyor's used compulsory purchase to acquire my domain,
They're gonna pull up the floors, they're gonna knock down the walls,
They're gonna dig up the drains.

Here come the people in grey they're gonna take me away to lord knows where,
But I'm so unprepared I got no time to pack and I got nothing to wear,
Here come the people in grey,
To take me away.

Gordon was very much one of those people in grey, judging from the picture with Barons' article and his attitude toward the city that was nothing more than another notch on his resume.

At the heart of the article is Gordon's complete lack of respect for the small business owner. Without that respect, it is easy to see why he had no qualms about dislocating businesses that had operated in the same locations for decades.

What I think personally and I was brought up in a small business man's type home -- I'm talking experience not theory, is that unfortunately business has become that which is owned by bigger and bigger conglomerates. The day of the small business, I'm sorry to say, has become more and more a less intricate part of the American scene. It's another one of the changing aspects, one of the reasons, and there are many, that in the old days when a man ran a business he whole family went in there and helped him. His wife went in there and more important -- his kid. But today his kid wants to go to college and rightly so. And he wants the 35 or 40 hour work week with fringe benefits and vacations; he doesn't want to work all hours of the day as he did before. The small business can't compete (for labor) with the fringe benefits offered by the larger companies.

As a Brit like Ray Davies might say, "What rubbish."

I, too, grew up in a "small business man's type home" and my decision not to become a baker had nothing to do with an unwillingness to work hard and put in long hours, or a desire to seek fringe benefits. I simply preferred to pursue a life involving words and thought (I set out to be a writer) rather than dough and icing.  It's impossible to pigeon hole the mass of humanity as nothing but 40-hour-week seekers. Some people have the entrepreneurial drive and some don't, and we need communities that meet the needs of both types of people.  Gordon's statement strikes me as rather myopic.

There are a number of family owned businesses in Genesee County, many of them in their second and third generations of ownership.  The family-owned business never went out of style.  There have always been people more interested in working for a family owned business rather than a conglomerate, fringe benefits or not.  There's more to a good work life than an extra week of vacation. Gordon's assertions were based neither on experience nor theory, but merely wishful thinking.

Prophetically, with a bit of wisdom Gordon may not have realized he possessed, he did note how important a strong downtown is to a vibrant community.

Remember this is a big tax producing basis for the city -- the business district. If the business district goes to hell, the economics of this town go to hell.

I shared Barons' article with Batavia loyalist Bill Kauffman, who's anti-urban renewal writing is known the nation over. Bill's response: "The arrogant bastards who knocked down Old Batavia ought to have been tarred and feathered and run out of town on a rail back to whatever unplace they came from."

Fortunately, whatever damage the bastards who tore down Old Batavia did to the business community, it is receding ever more into history as the local business community recovers. It didn't really take another government program, either, to turn things around. It is a combination of community effort and free enterprise, good small-town American values. It is a credit to the local merchants (which includes businesses in the mall) and property owners who have stuck with downtown and formed the Business Improvement District.  The BID has made great strides in revitalizing downtown, and the work continues.  Downtown Batavia's success is important for the entire community (at least Gordon got that much right). It sets the tone and the pace for the rest of the county.  The folly of David J. Gordon aside, there is no reason Downtown can't thrive for decades to come.

BATAVIA , N.Y. -- Kirby S. Wall, 32, of Rochester, reportedly tried to run from Drug Enforcement Task Force investigators yesterday only to be found hiding along the east wall of 400 Towers. The foot chase started at a residence on Swan Street, where officers had gone in an attempt to arrest Wall for allegedly dealing in crack cocaine. Wall was allegedly found to be in possession of $1,000 worth of crack and a quantity of marijuana.

Previously, Wall reportedly made two sales of crack cocaine to undercover investigators.

Wall is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance, both felonies. He is also charged with unlawful possession of marijuana and obstructing governmental administration in the second degree, a misdemeanor.

Assisting in the investigation were the Batavia Police Department, the Genesee County Sheriff's Office, Livingston County Sheriff's K-9 Unit, and the Genesee County District Attorney's Office.

Gorgon L. Montgomery, 50, of Batavia, allegedly thought he could get something for nothing. He is accused of taking four tires that had been chained to a residential tree and marked "for sale." The tires disappeared the night of April 1 and were allegedly found in the back of Montgomery's pick up truck yesterday. He is charged with criminal possession of stolen property in the 5th degree. He was issued an appearance ticket on the charge.

Gerald P Perkins, 77, of LeRoy, was reportedly stopped for driving a vehicle without break lights. Upon further investigation, the arresting deputy reports, it was determined that Perkins was allegedly driving while impaired by alcohol. He was charged with DWI and released to a friend.

Michael C. Mirabal, 36, of Batavia, is accused of taking and using another person's car with out permission. He is charged with one count of unauthorized use of a motor vehicle, a misdemeanor. He was issued an appearance ticket.

Several cities in New York have lobbied the Legislature to allow them to install traffic enforcement  cameras to help catch drivers who run red lights.

Red light cameras are controversial because many citizens view the devices as a get-quick-rich scheme for municipalities, while often times law enforcement officials defend the automated cops as a legitimate traffic control measure.

So the natural question is, if Batavia had the chance, would officials like to install such cameras at any intersections in the city?

City Council President Charlie Mallow said the subject has come up in informal discussions around City Hall, but there is no immediate plans to pursue the option.

"The city has a huge problem with out-of-town truck traffic and speeders bypassing the Thruway," Mallow said. "Traffic is the number one complaint I hear from residents."

Even so, Chief of Police Randy Baker said he hasn't looked into the issue at all. He's aware there is talk of installing the cameras in other cities, but no such proposal has been floated in Batavia as far as he knows.

"I'm not sure even what's involved," Baker said. "I'm not sure how expensive the cameras are or what kind of support is needed."

Council member Rosy Mary Christian said she hasn't given the issue any thought because none of her constituents have raised the issue.

But Mallow doesn't think the idea is off the boards.

"The city already has a plate reader on a (police) car that I’m told has been very effective," Mallow said.  "I guess I have yet to make up my mind about these cameras. If the police department believed it would be effective, I would be open to discussing it."

Both Buffalo and Rochester have long sought permission from the Legislature to install the cameras. The Buffalo City Council voted this week to ask Albany again if it could install 50 cameras. Rochester is expected to seek permission in a City Council vote today, according to an article in the Democrat and Chronicle.

Cities, including New York City, have been clamoring for years to install the cameras, but had been rebuffed by Assembly Transportation Committee Chairman David Gantt, D-Rochester.

However, Gantt said Wednesday he will no longer object to the measure and sponsored legislation this week to let Rochester have the cameras, which take snapshots of vehicles that run red lights.

Gantt said he still has reservations about whether the cameras invade privacy and increase safety. But he said legislative leaders and Gov. David Paterson have been pushing for the measure, so Rochester should be included.

Cities see the cameras as a way to cut down on drivers speeding through red lights and to generate new revenue; each offense would bring a $50 fine.

Citizen advocates, however, charge that municipal red light cameras are nothing more than a revenue grab. A site that tracks red light camera issues, TheNewspaper.com, claims Suffolk County transparently admits its desire for red light cameras is partly driven by a need to make-up revenue short falls.

In a four-hundred-page review of the county's financial situation released earlier this month, officials mentioned only one purpose for the automated traffic enforcement devices.

"At this point the County needs to make hard decisions," the 2009 county budget review states. "Do we raise property taxes? Do we seek state approval to raise the overall sales tax rate? ... Do we raise revenue from traffic tickets by instituting red light cameras? ... These are some of the choices, none of which are attractive. Nevertheless, we must face reality and begin serious discussions on what direction to take."

Suffolk County believes it could generate $3.5 million in new revenue from red light cameras.

The Insurance Institute for Highway Safety takes a different view of red light cameras, however, claiming that the cameras do help to reduce traffic accidents.

A nationwide study of fatal crashes at traffic signals in 1999 and 2000 estimated that 20 percent of the drivers involved failed to obey the signals. In 2007, almost 900 people were killed and an estimated 153,000 were injured in crashes that involved red light running. About half of the deaths in red light running crashes are pedestrians and occupants in other vehicles who are hit by the red light runners.

Motorists are more likely to be injured in urban crashes involving red light running than in other types of urban crashes. Institute researchers studied police reports of crashes on public roads in four urban areas during 1990-91. Occupant injuries occurred in 45 percent of red light running crashes, compared with 30 percent of other crash types.

...

A study conducted during several months at five busy intersections in Fairfax, Virginia, prior to the use of red light cameras found that, on average, a motorist ran a red light every 20 minutes at each intersection. During peak travel times, red light running was more frequent. Analysis of red light violation data from 19 intersections (without red light cameras) in four states found that 1,775 violations occurred over 554 hours, for a violation rate of 3.2 per hour per intersection

What these statistics do not reveal, however, is what these drivers were doing before running a red light. There is a huge difference between blatantly speeding through a red light and being caught by a short or unexpected red light and not having adequate time to safely stop. I've always wondered how many of the cited accidents, used to justify red light cameras, where caused by drivers who just happened to be the last car through the intersection with no real intention to run the red light?

Charlie Mallow said one reason he's ambivalent about the cameras is he's received a red light camera ticket before.

"I’ve also been on the short end of a traffic camera myself in California. So I understand the frustration of being caught by a big brother spy camera."

And I've gotten such a ticket. My ticket came while I tried to make a left turn at a Ventura, Calif. intersection. I was stopped at the red light and third car in line.  As I accelerated for my turn as the number two car, the light changed to yellow and just as I reached the limit line, it changed to red. Caught.  Three days later I received a letter from the city with three pictures of me in the intersection.  My frustration was that while I technically committed an infraction, there was no way I posed any threat to any other drivers.  With traffic stopped in all directions, there was no chance of anybody moving into the intersection at that point.

Running red lights is dangerous, but I don't believe red light cameras are really intended to stop the such reckless drivers. They are really designed to trap people like you and me so that the government can reach one more time into our wallets and extract a little cash.

At least there is this much though: If New York's fine is only $50, that's a hell of a lot better than the $260 of my California fine.

Traffic is blocked and backing up on northbound Oak Street to Main following a semi-truck and car collesion at 12 Oak Street.

Only minor injuries are reported.

BATAVIA, N.Y. -- It's a great day to BBQ, but apparently some people haven't brushed off the cob webs of winter and reminded themselves cooking out doors.

About 1:35, a resident on Bank Street saw flames from an enclosed area in a neighbors back yard and called dispatchers with report of a fire at 117 Bank Street.

Batavia fire crews responded promptly and found nothing more than a beginning-of-spring bar-b-que in progress.

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The Downtown Batavia Public Market returns Thursday, June 25 for its third year of operation, according to Don Burkel, manager of the Batavia Business Improvement District.

The market will be open from 9 a.m. to 3 p.m. and run until Sept. 10 and operate at the corner of Ellicott and Center streets.

"This year the Market will be open on Thursdays to accommodate  residents and employees of the businesses and government," Burkel said.  "This provides a convenient venue for them to shop for fresh vegetables, fruit, baked goods, fresh cut flowers, honey, specialty BBQ sauce and popcorn and lots more within a short distance of their homes and places or work."

There is plenty of parking at the location, Burkel noted.

For those interested in being a vendor at the Downtown Public Market they can contact the Business Improvement District Office at 585-344-0900 or for more information visit the BID Web site.

Eric Bastian, 25, of Macedon, was arrested in Bergen Monday and charged with unlawful possession of marijuana. Bastian was reportedly driving on Route 262 when a Sheriff's Deputy stopped him for allegedly driving with improperly tinted windows and a partially obscured license plate. When the deputy approached the vehicle, he said he could smell marijuana coming from the vehicle. Upon questioning, Bastian stated it was marijuana, according to the deputy's report. A field test also confirmed that the substance found in the car was marijuana. Bastian was issued a ticket and ordered to appear in court on April 8.

Jason Smith, 30, of Ontario, was arrested for alleged unlawful possession of marijuana following a traffic stop near Oak and Main streets in Batavia. Smith was allegedly speeding. When a Sheriff's deputy approached the vehicle, the deputy could reportedly smell the smoke and then observed smoke in the car. A field test of the substance in the car reportedly confirmed it was marijuana. Smith was issued an appearance ticket for April 8 in the City of Batavia.

James P. Cox, 46, of Pembroke, was arrested for alleged DWI after a witness allegedly observed him hit another vehicle in Erie County. The witness helped Erie and Genesee County Sheriff's deputies track and find Cox. Cox was stopped on Route 5 in Pembroke. He is charged with aggravated DWI and driving with a BAC of .08 or greater. He received additional moving violation tickets. Cox must now appear in courts in both Pembroke and Newstead.

James P. Coles, 30, of Darian, was arrested by Batavia Police yesterday for allegedly violating an order of protection the day before. Coles is accused of sending text messages to, and then showing up at the residence of the protected person. He is being held in lieu of $1,000 bail.

A 17-year-old from Bergen was picked up by Sheriff's Deputies yesterday and charged with unlawful possession of marijuana. The teen was allegedly found in possession of marijuana in the Village of Bergen municipal parking lot.

Private ambulance companies can begin bidding on a contract to provide Genesee County with ambulance services. The private service will replace the service terminated by a vote of the Batavia City Council and scheduled to end Sept. 1.

Lawn signs protesting the council vote continue to dot the Batavia landscape.

A Request for Proposal (RFP) can be found on the County's Web site. The RFP was developed by the Genesee County Ambulance Task Force.

WBTA interviewed Tim Yaeger is the county’s emergency management coordinator, and head of the task force. Yaeger said the task force will review the proposals and submit recommendations and feedback to the participating government agencies.

Deadline for submissions is April 29.

The RFP is a very thorough document (PDF). It specifies the scope of service, company qualifications, insurance requirements, equipment needs, response times and communication guidelines.

The winning bid will be granted a three-year contract beginning Sept. 1, 2009 and ending Aug. 31, 2012. The contract may be terminated by either party on 120-days written notice.

The selected vendor must submit a surety bond or irrevocable letter of credit in the amount of $500,000 to guarantee performance of work.

The task force also reserves the right to reject all proposals.

Interested companies can ask questions and get more information on April 15, 10 a.m., at the Fire Training Center.

While service must start by Sept. 1, no date has been set for announcement of the awarded contract.

Most of the information contained in proposals received by the task force will be public information, discloseable under the Freedom of Information Law, except information specifically deemed as proprietary, in writing, by the submitting company.

Opponents of the city's decision to terminate its ambulance service set up a Web site to rally community support for its position. At one time, the site contained a (certainly non-scientific) poll to gauge community support for its position. Before the poll was taken down, only about 35 percent of the poll respondents favored the pro-city-ambulance position. The site also contains an online petition, but as of this moment -- several weeks after it was launched -- only 131 people have signed it.

In a statement issued last night, Assemblyman Steve Hawley said the elimination of VLT money (video lottery terminal funds) is going to cost both Batavia and the County some big bucks.

Today we asked City Council President Charlie Mallow (who, along with Rose Mary Christian, apparently will be a candidate for the County Legislature) about the impact of the state budget on local governments.

Charlie sent along this statement:

The city never planned for the VLT money to continue. We have always looked at the money as a short term windfall that was used to pay down the city’s debt. This year we used most of the money for designs to plan for infrastructure repairs.  On the bright side we were able to dodge a bullet that would have taken $40,000 in state aid that helps support our Youth bureau. We lobbied hard to change the governor’s mind about those block grants.  As far as I am aware at this point, some careful planning has helped us in the long run and this budget shouldn’t have a major effect on the city.

Hawley's statement about the VLT cuts:

The budget will also include a 50% reduction in VLT funding that will leave municipalities that depend on this money left holding the bag. The City of Batavia will see a cut of $314,849, the Town of Batavia $114,563, and Genesee County $143,137.  This lack of funding will force municipalities to pass along the added burden to taxpayers.

Reltated but out of the area: In an editorial, The Canandaigua Daily Messenger  recently said Farmington was wise not to count on keeping VLT money, which has been targetted for potential cuts before.

Homer is the moniker selected for the Batavia Muckdogs following a contest among local residents.

More than 100 names were submitted for the big lovable dog mascot of the NY-Penn League Champions.

The contest winner is Katie Houseknecht of East Bethany. She was the first person to submit an entry and the first one to suggest Homer for the mascot's name.

"The name was a no-brainer for me," Katie said in a Muckdogs' press release. "Homer is my brother Tim's nickname. And if the Muckdogs hit lots of 'Homers,' they will be NY-Penn League Champions again."

She won an electric scooter, courtesy of 7-Up, plus two tickets for Opening Day at Dwyer Stadium. The Muckdogs will play against the Auburn Doubledays in the Friday June 19 game. Fireworks will follow.

Two Rochester residents and a Batavia man are in custody after an investigation last night by Drug Enforcement Task Force members into the sale of crack cocaine in Batavia.

Arrested where Mark H. Gissendanner, 24, or Rochester, Aileen Nieves, 21, of Rochester and Shawn M.Walburn, 35, of Batavia.

Gissendanner was arrested in the parking lot of 21 Liberty Street, while Nieves and Walburn were picked up in the parking lot of Van Detta Stadium on Union Street.

All three suspects were arraigned in Batavia City Court and are being held without bail.

Gissendanner reportedly sold a quantity of crack cocaine to task force members on two occasions and then was allegedly in possession of more of the drug when he was arrested. He is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Nieves reportedly sold crack cocaine to an undercover office while in Batavia and was allegedly in possession of more crack when she was picked up. She is charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance  in the third degree.

Walburn was allegedly in possession of crack when his vehicle was stopped by task force members in Batavia. He is charged with criminal possession of a controled substance in the forth degree.

Participating in the investigation were members of the Genesee County Sheriff's Department, the Batavia Police Department and the LeRoy Police Department.

Pictured above in order are Gissendanner, Nieves and Walburn.

Officials at Batavia Downs are trying to figure out what to do after Rocky Ferrando won a 2009 Dodge Challenger over the weekend.

Great for Rocky, but the problem for the Downs is that Ferrando is a full-time OTB employee.

According to Dan Fischer at WBTA, officials are researching Batavia Down rules about employees entering and winning contests.

Listen to WBTA this morning and afternoon for more on the developing story.

UPDATE: WBTA has an audio interview up with Marketing Manager Marty Biniaz. The prize has been rewarded to Melanie Rahlston  of Mount. Morris.

More photos after the jump.