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LG Hochul shops local in Batavia

By James Burns

Lt. Gov. Kathy Hochul was in town today for a meeting with local business organizations. After her meeting, Tom Turnbull, president of the Genesee County Chamber of Commerce, and Laurie Oltramari, director of the Batavia Business Improvement District, took Hochul for a shopping trip on Main Street to support the campaign to “Shop Small."

First stop was Charles Men’s Shop.

David Howe, the owner of Charles Men’s Shop, explained to Hochul that he was skeptical of “Shop Small” when he heard about it but it has been rather successful the last two years. An encouraging discussion about the strength of the town and local business ensued but was interrupted by Hochul because, like most who go into the Men’s shop, her eye was drawn to the tie rack. I will not divulge what happened after that because I do not want to ruin the surprise of William Hochul’s Christmas present.

Off to Adam Miller Toy and Bicycle. 

Miller’s is another classic local business with unique items and something for everyone. Hochul asked store owner John Roche what the hot item was this year and the answer was the Yo-Yo, American made no less. 

Next stop was p.w. minor

p.w. minor is a company on the move. Andrew Young, the president of p.w. minor, light ups when Hochul asks him how things are going. Apparently they are going well, very well. Young is delighted with the progress the shoe manufacturing business is making and says he's very happy with the local work force.

Young explains to Hochul some of the technology in the athletic shoes that is unique to p.w. minor.

The last stop was Main Street Pizza. It's another small business success -- doubling in size, taking over the store next to it. Inside, the popular pizzeria is celebrated with pictures and wall murals mixing up the past and present. Owner Vic Marchese is pictured in his red apron.

Batavia PD investigating possible attemped armed robbery near 7-Eleven

By Howard B. Owens

A would-be robber reportedly pointed a long gun at a potential victim outside the 7-Eleven at 404 E. Main St., Batavia, at about 9 p.m. Sunday, according to the Batavia Police Department, and demanded money.

The assailant demanded personal property from a person sitting in a vehicle, but after the person did not turn over any property, the assailant left the area.

No injuries were reported.

The suspect is described as wearing a mask, a dark-colored hooded sweatshirt, and camouflage pants. There's no further description of the suspect available. 

The confidential tip line for Batavia PD is (585) 345-6370. Police dispatch can be reached at (585) 345-6350.

Sponsored Post: Serendipity Swings at Terry Hills on December 3rd!

By Lisa Ace

Ring in the holiday season with the sounds of Serendipity Swing at Terry Hills! Spend a relaxing afternoon enjoying our exquisite holiday buffet, while listening to Serendipity Swing play Big Band music and Christmas favorites. 

Choose from a delicious buffet selection of soup, salad, two to three hot chef-selected entrees, potatoes, vegetables, our famous seafood stuffed cod, and dessert!

Only $10.95/person! Includes buffet, coffee, soda & dessert.

Regular lunch menu also available.

Reservations Required.
Filling quickly, so don't delay! Call 585-343-0642 now to reserve a spot!

Law and Order: Man arrested in Auburn on decade-old warrant

By Howard B. Owens

Harrison J. Hartung, 32, of Power Street, Syracuse, was arrested on a warrant by State Police in Auburn during a traffic stop and turned over to Batavia PD. The warrant stems from an alleged incident in 2005 that led to a charge of disorderly conduct. The incident was reported at 6:19 a.m., May 7, 2005, at 318 E. Main St., Batavia. Hartung was arraigned in City Court, pled guilty, was fined $80, plus a $95 surcharge, and released.

Nicholas Alexander Pleace, 29, of Orangeport Road, Gasport, is charged with criminal trespass, 2nd, criminal mischief, 4th, and harassment, 2nd. Pleace allegedly forced his way into a residence on Pratt Road at 2:25 p.m. Thursday,and damaged property in the process. He allegedly shoved a victim and refused to leave upon request. He was jailed on $500 bail.

Wayne Lewis, 28, of Thorn Street, Rochester, is charged with grand larceny, 4th. Lewis was arrested following an investigation by Le Roy PD into the theft of a credit card at Tops Market. Lewis was identified as the suspect through the use of surveillance footage that helped identify him and his vehicle. Lewis is accused of stealing the card and then making a purchase with it. He was issued an appearance ticket.

A 17-year-old resident of River Road, Pavilion, was charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop at 8:44 p.m. Wednesday by Officer Chad Richards (defendant's name withheld by Batavia PD).

James E. Wroten Jr., 49, of Central Avenue, Batavia, is charged with criminal contempt. Wroten allegedly violated a complete stay away order of protection.

Leslie O. Hinz, 66, of Manhatten Avenue, Batavia, turned himself in on an arrest warrant after speaking with Sgt. Dan Coffey. Hinz was wanted on a harassment, 2nd, charge. Hinz allegedly approached and continuously followed a stranger at 10:20 a.m., Oct. 19. Hinz posted $300 bail.

Kathleen M. Watkins, 36, of Perry Road, Pavilion, was arrested on a warrant for alleged failure to appear to pay a fine.

Oscar L. Muniz Jr., 22, of Parma Center Road, Hilton, is charged with unlawful possession of marijuana, inadequate muffler and uninspected motor vehicle. Muniz was stopped at 9:23 p.m. Wednesday on West Main Street, Batavia, by Officer Chad Richards for allegedly driving a vehicle with a loud muffler.

Kimberly Ashley Paladino, 25, of Church Street, Le Roy, is charged with two counts of petit larceny. Paladino is accused of stealing $198 in merchandise from Walmart on Thursday. She is also accused of stealing $163.37 in merchandise from Walmart on Nov. 19.

Pedestrian struck at Ellicott and Jackson streets in the city

By Billie Owens

A pedestrian has been struck by a vehicle and is injured at Ellicott and Jackson streets. City fire and Mercy medics are on scene.

UPDATE 12:37 p.m.: A car was turning left from Jackson Street onto Ellicott Street. The light was green and two pedestrians were crossing in the crosswalk, but the driver reported he did not see them and "bumped" into them. An adult female was transported to UMMC after being evaluated by a medic. She complained of hip pain. A child who was walking with her was not injured. The driver was cited by a police officer.

City resident blames new long rifle law for bullet hole in family room window

By Howard B. Owens

Bill Moon came home to his house on Bank Street, City of Batavia, Saturday evening to find a bullet hole in a family room window. A neighbor said he heard the shot ring out between 4 and 5 p.m.

Fortunately, Moon said, nobody was home at the time, but he blames the county's new law allowing long rifles to be used during deer season.

He said Batavia PD, a Sheriff's deputy and a Department of Environmental Conservation officer responded and agreed the shot likely came from a .30-caliber rifle, such as a .30-30 or .30-06.

The bullet passed through the family room and into the kitchen.

A spokesman for Batavia PD confirmed a complaint was filed and law enforcement responded, but said the investigation is being handled by the DEC. We were unable to reach the DEC for further information.

Photo submitted by Bill Moon.

Reminder: Free Thanksgiving Day Skate at Falleti

By Howard B. Owens

The Kiwanis Club of Batavia will host its annual free Thanksgiving Day skate at the Falleti Ice Arena starting at 9 a.m.

The event ends at 11 a.m.

Free skate rentals while supplies last, and free hot chocolate.

Laying the foundation for the City's Centennial legacy gift - a sundial

By Billie Owens

A worker is preparing the foundation for a sundial so it can be permanently placed in the plaza in front of Batavia City Hall.

The Batavia Centennial Committee and its Legacy Sponsors are going to present the sundial as a gift to the city.

The sculpture, designed by local architect Ed Smart, is made of steel and teak, with stainless steel lettering, and is said to be virtually maintenance free. It costs $15,000 to $20,000 and is being paid for by the contributions several local businesses made to the Centennial Celebration as "Legacy Sponsors."

There's no expense to the city. The City Council has already approve placement of the sculpture on city property.

Law and Order: Rochester teen accused of entering Batavia HS to fight student

By Howard B. Owens
  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

Batavia council delays decision on Swan Street police station

By Howard B. Owens

A month ago, council members, while discussing the proposed new police station, said the last thing they wanted to do was "kick the can down the road."

Monday, after hearing from a half dozen public speakers who had nothing good to say about the proposal, the sound of tin rattling on pavement could be heard quite distinctly in City Hall.

"I'm suggesting that we put a task force together to see if it is possible for a merger or consolidation between the police department and the sheriff's," said Council President Brooks Hawley. "Before we can move forward with spending any money at all, we need to do our due diligence before we spend taxpayers' money."

We've been down this road before, and it got the city nowhere, said Councilman Eugene Jankowski, a former Batavia police officer.

"I've been involved in several projects where the Police Department and Sheriff's Office were going to merge and unfortunately for the Sheriff, the city caused so many delays that the Sheriff was delayed in building (a new building) at least five years, maybe longer," Jankowski said. "Every time the project came up, someone suggested merger and that would scare everyone off, things would go away. To get things done, the Sheriff, who was waiting and waiting, finally out of frustration, he couldn't wait any longer, he had his new building built. 

"There were many opportunities for this to happen and it was passed by for whatever reason," Jankowski added.

Then Jankowski endorsed the idea of a feasibility study being completed on a possible merger of departments.

Most of the anti-police-station speakers called for a merger or elimination of the city police force.  

"Spending $10 to $14 million on a new police station is an awful waste of money," said Peter Garlock, who served on the police facilities task force that met more than a dozen times over a seven-month period and came up with the recommendation for a new police station on Swan Street.

Dave Olsen, president of the Genesee County Libertarian Party (top photo), suggested the city's law enforcement needs could be met through private security, volunteers in homeowners and business associations and citizens with the legal right to carry firearms.

"More government means more taxation and it makes citizens less free by taking a portion of their income and choice away," Olsen said.

While under current circumstances (which delays could change), it's likely the new police station could be built without the city increasing its current debt load or raising taxes (see the financing memo in the council's Oct. 26 agenda (pdf), several speakers objected to the proposal based on assumptions of increased debt and higher taxes.

  • Bob Bialkowski: "Batavia is a community of low, low middle-income families. We do not want to be saddled with any more debt."
  • Jim Rosenbeck: "We should also ask how building a new police station impacts the taxes on our aging and declining population? What are the tax implications for our local downtown businesses, some of which are struggling?"
  • Rosenbeck: "I sympathize with the police who find their current home is aging and deteriorating. We would all probably like a new home, but often we can't afford it. We have to live within our means. We can't get everything on our wish list. I ask that you be responsible with our tax dollars."
  • Daniel DelPlato: "Taxes, you've got to keep them down. There are people on fixed incomes. We all know the prices of everything is going up. You've got to think about the senior citizens, even though there are not a lot of them here, you've got to represent them, too."

In contrast, David Lone (bottom photo), who served on the police facilities task force, said the council should consider the cost of kicking the can down the road.

"Interest on borrowing rates are right now at historic lows," Lone said. "That's one factor the council should take into consideration. If the decision is postponed for five or 10 years, interest rates may go up  two, three, four times what they are now. On a 20-year bond, you're talking of adding hundreds of thousands, if not millions, to the whole project by not taking full advantage of these historic low rates that are available."

While the council waits on a study -- which it didn't even explicitly authorize Monday night -- city staff is unable to move forward on the project. Purchase of the land can't be negotiated, which leaves it vulnerable to purchase by a commercial interest; nor can environmental studies be conducted to ensure it should be purchased or what it might cost to remediate; design work can't begin and financing can't get locked in. Meanwhile, the Federal Reserve is looking at the first interest rate hike in nearly a decade when it meets in December.

Not all the speakers were against building a new police station on Swan Street. Local businesswoman Diane Kastenbaum endorsed the idea.

"We do need a new station and the time to move on  it is now," said Kastenbaum, who said she's recently added 10 employees to her company's workforce and plans to hire more. "Our population is not in decline. I see signs of hope, signs of growth, and I think there will be more of a demand for a state-of-the-art police station in our community."

There was some talk of exploring shared services with the Sheriff's Office to eliminate duplicate work and reduce costs and perhaps eliminate the need for a new police station.

Rosenbeck noted that city property owners pay for both the Batavia PD, through city taxes, and the Sheriff's Office, through county taxes.

"One good question we should be asking -- what are we currently getting from the county in return for our funding the city police and the county sheriff's services," Rosenbeck said. "Are there ways we can get greater value from a city-county partnership, with smart sharing of costs, services and possible facilities?"

Jankowski had the answer:

  • The city's inmates are housed in the county's jail at no charge to the city;
  • Arrestees are photographed and booked by jail staff, so city patrols get back on the road quicker;
  • Deputies transport the city's inmates to and from the courthouse at no charge to the city;
  • The Sheriff's Office handles all dispatch for police, fire and DPW, saving the city $100,000 a year, as well as providing the radio system and patrol computer system along with technical support;
  • Deputies provide security for City Court;
  • The county pays for all medical treatment for the city's inmates.

In addition, Jankowski said, the Sheriff is very generous with Homeland Security grants. The Sheriff's Office purchased the city's ERT vehicle, trains the ERT team, provides it with body armor and provides a third of the personnel in the ERT team. The Sheriff's Office also manages the drug task force.

"How much more can we dump on the Sheriff?" Jankowski said. "He's pretty much already doing everything for us except patrol. At some point, the city has to take responsibility and patrol it's own backyard."

John Roach noted that any discussion of shared services really just means elimination of the police department, and that's the central question the council needs to answer. Is it willing to eliminate Batavia PD? If not, then move on and select Swan Street for the new police station.

It's a better option, he said, than trying to once again renovate the Brisbane Mansion.

"Building new is cheaper," he said.

Councilwoman Patti Pacino is in favor of Swan Street, but said she is willing to go along with a feasibility study if it doesn't cost a lot of money.

"I don't want a study that's just another study that gives us an answer," Pacino said. "If we do a study, fine, but I don't want to pay $30,000 for it. I don't want someone else to come in and look at it. People of Batavia know more about what we want in Batavia than anybody we could get to come in and do a study."

Several council members suggested that the county should pay half the cost of a feasability study.

Reached today, County Manager Jay Gsell said the county would be happy to the help the city in a grant application to the state to fund a study, but the county's budget for 2016 is set.

"I haven't had a discussion with Jason yet about how far they would want to go in terms of further discussion before they start looking at just building a separate and discreet police facility," Gsell said. "The county is open and amenable to having further dialogue and getting real serious about what the future holds for law enforcement in Genesee County. Certainly, we can go to the state to get the funding for further analysis."

Gsell noted, the city and county have been down this road before. There was talk of moving both departments into what is now the court facility, with a third and fourth floor atop the structure we know now, and when the Sheriff's Office built its new facility on Park Road. He understands, he said, the council's desire to do the same due diligence now.

"Whenever you get ready to spend between $10 to $17 million, you don't do that based on thinking not everything has been examined fully, and I think that's all they're looking at doing right now," Gsell said.

Merging departments is a complex consideration said Sheriff Gary Maha. A fully funded study would be necessary to determine potential cost savings, if any, and the impact on both departments.

There's certainly high near-term expense for new uniforms, car decals, equipment and training, Maha said.

Such a feasibility study was undertaken for Jamestown PD and the Chautauqua County Sheriff's Office in 2009, and that potential merger is still pending, Maha noted (The state issued a $400,000 grant for the study.)

"It's not a simple issue, but worth looking at if that's want they want to do," Maha said.

Tired of reading all the bad news, Larry's co-owner turning the tables and serving free meals for Thanksgiving

By Howard B. Owens

There's been too much bad news in the world recently, so Brenden Mullen, co-owner of Larry's Steakhouse, on Main Street, Batavia, decided he wanted to do something good.

Larry's will be open from 4 to 8 p.m. Thanksgiving Day serving free meals to "anybody and everybody" who wants to stop in.

The meals will include turkey, mash potatoes and gravy, stuffing, squash and cranberry sauce along with a slice of pumpkin pie.

All for free.

"Somebody very dear to me, touched my life, had a positive impact and made me want to better myself in any way I can," Mullen said. "I thought it might be a step in the right direction."

Word has spread quickly on social media, Mullen said, and just today he got a touching call from an administrator at Batavia High School who said a student who had been wondering what he would do on Thanksgiving, with no place else to go, heard about the community meal and now he plans on being at Larry's.

That really touched Mullen, he said. It's hard to believe in this day and age a high school student would need some place to go on Thanksgiving Day, but there are people in our community with all kinds of needs, he said, and perhaps his gesture will help a few people out.

He just came up with the idea Saturday, enlisted the chef to help, and started getting things organized. He doesn't know what to expect and said additional volunteers to help are welcome.

"I thought it would be a good way to do something good for the community," Mullen said. "Like I said, I just get sick of reading the news, turning on the TV, and it's nothing but bad news anymore, so I wanted to give people a reason to smile and feel good about something."

Genesee Chorale will perform 'Our Hope is a Child'

By Howard B. Owens

The Genesee Chorale held a rehearsal Monday night in preparation for its show at 7 p.m., Dec. 4, at St. James Episcopal Church.

Directed by Ric Jones, the show is Christmas-themed and the performance is titled "Our Hope is a Child." Tickets are $8 presale and $10 at the door, and can be purchased online at geneseechorale.com.

The show will include what is billed as an "energetic" version of "Hark! The Herald Angels Sing!" with four-handed piano accompaniment, with Doug Hansen and guest pianist Henry Emmans. The Genesee Children's Chorus will also be featured on a number of pieces. Fran Thomas also performs a solo.

Update on Thomas Rocket Car restoration: Engine out, windows out, seats out

By Howard B. Owens

Restoration work on the "Rocket Car," originally built in Batavia in 1938 by Charles D. Thomas and Norman Richardson, is under way at Dick McClurg's garage.

Top photo shows, the motor and a damaged fender have been removed.

McClurg found a 1938 or '39 flathead, so it's period-correct, in Lockport. The original engine (which wasn't in the car when it was purchased, having probably been replaced in the 1950s) was a 1934 or '35 flathead. The "new" engine is "turnkey ready," McClurg said. It just needs to be dropped into place.

McClurg has started removing the interior. The seats and windows are out. Next, and it will be tough, possibly, the dashboard.

The hood is off.

The seats are out. They will be sent to another shop to be reupholstered.

This picture may not show it well, but McClurg found an interesting innovation in the front "bench seat." Typically, a bench seat is one piece across the width of the car, that's why it's called a bench seat. The Thomas car is a two-door but had a rear passenger seat. McClurg figured Thomas designed the car with a rear seat, but not much thought that anybody would actually ride in it because it would be too hard to get to the back with the bench seat in place. What Thomas designed, however, was a partially hinged bench seat. On each end of the seat is a side wing that can be folded down or locked in place.

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