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Kay Jewelers planning location in tax-subsidized shopping center

By Howard B. Owens

Despite the presence of two long-established local jewelry stores, national retail chain Kay Jewelers is planning a new store in Batavia Towne Center.

Syracuse-based COR Development has received $6 million is tax abatements -- to help finance the construction of the strip mall in 2006, and then remodel a portion of it in 2013.

Tax abatements for retail developments, which are authorized by Genesee County Economic Development Center, are controversial in New York and have been criticized by both Comptroller Thomas Dinapoli and Sean Ryan, a member of the Assembly representing Buffalo.

When COR sought its second round of tax abatements in 2013, the anticipated retailers going into the area once occupied by Lowe's were Dick's, Marshall's and Kohl's, though DIck's seemed to be the only sure thing at the time.

The GCEDC Board approved the $1.7 million in abatements with a finding that the tax relief would help bring new business to Batavia that would provide goods and services that are not readily available to local residents from current retailers.

It's important to note, that the proposed location for Kay's -- sandwiched between the AT&T Store and Sally's Beauty Supply -- is not part of that 2013 expansion and is not covered by the second around of abatements, though it is covered by the 2006 round of $4.3 million.

We've contacted a representative of COR Development for comment and have not received a response.  

Lease agreements are not public record, so we don't know whether Kay Jewelers is receiving a discounted rent bolstered by the tax breaks.

Officials at GCEDC were unaware of COR's intention to lease space to Kay and have not offered a comment on the plans.

Batavia is served by two locally owned jewelry stores: Valle's, on Jackson Street, and Lambert's, on West Main Street.

Jim Lambert said he's heard rumors for months that Kay was planning to open in Batavia and was disappointed to learn the new shop would be in a tax-subsidized development.

"Nobody gave me any tax breaks to open my business," Lambert said. "Everything we do, we do on our own. We don't get anything."

Kay Jewelers, with an advertising budget that includes radio, TV and glossy national magazines, plus the ability to heavily discount, absorb losses and give credit to high-risk borrowers will provide the local shops with formidable competition, Lambert said.

"For a place like us or Valle's, you just can't compete with their budgets for advertising and so forth," Lambert said.

He said he finds it interesting that Kay would open in Batavia, with a population of less than 25,000, when the chain is closing stores elsewhere.

"I'd be surprised if they could do $1 million here," he said. 

It's not like they don't have several other stores in Western New York already, he said.

"Personally, I didn't think it would actually happen," Lambert said. "I thought Kay's would be smarter than invest all that money in Batavia, but they afford to lose money for years and use it as a tax write-off. I can't afford to lose money."

The owners of Valle's wanted to get more information on the issue before commenting.

Besides Valle's and Lambert's, Kay will be competing with JC Penney and Walmart. Lambert noted that Walmart is already the largest seller of jewelry in the nation.

How much more can the market be divided and everybody still stay in business? Lambert wondered. Given the revenue demands of the chain, he said he will be surprised if Kay lasts in Batavia through two Christmas seasons, but in the meantime, the local businesses could be hurt substantially.

"It just kills the little man again," Lambert said. "It kills anybody who was born and raised in Batavia. It's going to cut into Valle's profits and it's going to cut into our profits and then they'll be gone in a couple of years."

Owners carry on John & Mary's tradition in new Batavia location

By Howard B. Owens

He's Ted and she's Mary and together they're the new owners of John & Mary's in Batavia.

If that sounds a little confusing, it might help to know a bit of the history of the venerable Erie County group of entries. 

John Guida opened his first sandwich shop in Cheektowaga in 1952. Mary, his wife, insisted her name be added to the sign, so it was. (Mary Guida is 88 and reportedly still working.)

Ted Ulm was born and raised in Cheektowaga and went to culinary school, became a chef, worked in a supper club and a bakery and hooked up with an instructor who owned a Greek catering business when he was 18.

"Once I learned the ropes, he could run two jobs a day," Ulm said.

That led to a connection with John & Mary's and eventually, Ted Ulm owned his own John & Mary's location in Cheektowaga. 

He opened another location in Alden in 1999, which he still owns. He opened another in Arcade that he later sold, but he does own Theo's Greek Family Restaurant in Arcade.

He married Mary in 2009, and the coincidence of her name has led many people, Ted said, to assume his name is John.

The name may be different, but the quality is the same, Ulm said.

"Everything I make is all homemade, our dough, our sauces, our Souvlaki is out of this world," Ulm said. "I win awards with it all the time."

"It's a bigger menu, but it's all quality food," he added. "We use all of John & Mary's recipes. I stick by what they did in 1952. Their homemade hot sauce, top-line mayonnaise, top of the line cold cuts."

This John & Mary's is actually the second in Batavia. There was a John & Mary's here in 1974 and '75.

When Ted and Mary moved to Corfu, they started thinking it was time to bring John & Mary's back to Batavia.

From the time Ted opened his first John & Mary's in 1990, he expanded the menu so that there would be something for everybody. 

There's a full Greek menu and a full Mexican menu, Ulm said.

"John & Mary's is a place where a family can come and everybody will be happy," Ulm said.

John & Mary's is located at the old Scooter's location, 3711 W. Main Street Road, Batavia.

CORRECTION: The information about Mary Guida came from the John & Mary's web site, which is apparently very out of date. Mary Guida passed in 2007.

Water main break reported in area of Ellicott Street Road and Shepard Road, Batavia

By Howard B. Owens

Press release:

Town of Batavia has a water main break at the corner of Shepard Road and Ellicott Street Road. Until it is repaired residents will not have water or will experience low pressure on the following roads: Ellicott Street Road, Shepard Road, Putnam Road, Batavia- Stafford Townline Road and Batavia-Bethany Townline Road.

Law and Order: Complaint of marijuana smoking at College Village leads to arrest

By Howard B. Owens

Jasmine Jaquana Allen, 20, of Batavia-Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Allen was arrested following a complaint of marijuana smoking inside dorm rooms at College Village.

Justin Elwell Jr., 31, of Miller Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a parking between 2 and 6 a.m. ticket. Elwell turned himself in to Batavia PD. He posted $100 bail.

Adam Daniel Smart, 32, of Clinton Street Road, Batavia, was arrested on a warrant for alleged failure to appear on an endangering the welfare of a child charge. Smart allegedly failed to appear on for a pre-sentence interview with the Probation Department. Smart was jailed on $2,500 bail.

Jeffrey Cole Thompson, 19, of Swamp Road, Byron, is charged with unlawful possession. Thompson was charged following a traffic stop for an alleged traffic violation at 9:15 p.m. Thursday on Reed Road, Bergen, by Deputy Joseph Corona.

Photos: A cold, nasty winter morning

By Howard B. Owens

It was just nasty out this morning, with brisk winds, falling snow, blowing snow, a temperature in the mid-teens that felt much colder.

But Batavia residents still went about their business.

Car hits bike on Clinton Street Road, Batavia

By Howard B. Owens

A car has hit a bicyclist on Clinton Street Road, in front of Grand View Cemetery, Batavia.

Unknown injuries.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 6:13 p.m.: Very minor injury reported.

UPDATE 6:14 p.m.: Town of Batavia's Engine 24 going back in service.

City fire encourages residents to adopt neighborhood hydrants in the snow

By Howard B. Owens

Press release:

With the recent snowfall City fire crews have been out daily looking for buried fire hydrants.

During one trip down a street, they came across an elderly woman attempting to shovel the end of her driveway alone. The crew of Engine 12 stopped to assist her and the moment was caught by a City of Batavia Fire Department Facebook follower.

Over the next 24 hours this photo flashed across computer, phone and tablet screens 10,000 times resulting in 440 likes, 29 comments, and has been shared 16 times! All records since the Fire Department launched its Facebook page in September of 2014.

Chief Jim Maxwell said "He is proud of the men and women of the City of Batavia Fire Department who routinely go above and beyond for the residents of the City."

Lt. Fix who administers the Fire Department's Facebook page said "Since this photo was added, we have received others who have 'adopted a hydrant' in their neighborhood."

Keeping hydrants clear of snow can save valuable time for firefighters arriving at the scene of a fire.

If your neighborhood has adopted a hydrant, feel free to share it with the "City of Batavia Fire Department, NY" Facebook page.

Local business owner accused of writing a series of bad checks to other businesses

By Howard B. Owens

The owner of a local medical office has been arrested a fourth time for allegedly issuing bad checks, though the latest charge stems from checks written before he owned the business, according to Det. Eric Hill, Batavia PD.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, was charged today with grand larceny, 3rd, for allegedly writing a bad check to Haun Welding Supply.

He was charged with theft this time, police say, because the check enabled him to allegedly steal refrigerated helium liquid.

Hill said the incident was a business transaction.

In November, Zdrojewski was charged with three counts of issuing a bad check.

The checks were written to Turnbull Heating and Air Conditioning in June and August.

Turnbull has filed for a mechanic's lien against Zdrojewski totaling $13,242.

Earlier that month, Zdrojewski was arrested on another charge of issuing a bad check for allegedly writing a bad check to another local business.

He was also reportedly arrested in September on four counts of issuing a bad check for allegedly writing checks to local businesses that wouldn't clear.

According to Hill and other sources, Zdrojewski is currently the owner of Advanced Imaging in City Centre, however he wasn't the owner at the time the alleged bad checks were written on the business account. 

His LinkedIn profile states he was previously practice manager at Advanced Imaging.

Four residents of Washington Towers to be recognized for quitting smoking by American Heart Association

By Billie Owens

Press release:

Jeanne Graber, a Batavia resident, knows first-hand how hard it is to quit smoking. She stopped smoking three years ago after 55 years of being addicted to the deadly habit. She is now encouraging others, including her neighbors at Washington Towers where she lives, to quit with the help from their doctors.

Jeanne will be among four women at Washington Towers who will be recognized by the American Heart Association. They will receive an iconic red dress pin at a special event to support the GoRedforWoman campaign.

The other women to be recognized are Patricia Epple, Margaret Hughes and Jeanette Johnson.

The event will take place at Washington Towers from 2-4 p.m. on Friday, Feb. 13th. Management and residents also will celebrate the third anniversary of the adoption of the smoke-free policy at the apartment complex, located at 1 State St. in the City of Batavia. This policy benefits non-smokers and supports those who want to quit smoking.

"I know quitting has changed my life and made me appreciate my health more than ever," Graber said. "I'm the master of my ship now, not cigarettes. Unfortunately, before the building went smoke free, residents really could not avoid secondhand smoke because it came through the vents, outlets, windows and cracks. I want everyone who lives here to be able to breathe clean air and have healthy hearts. I'm so glad we made the decision to go smoke free."

"Smoke free policies and laws are an easy, affordable and cost effective way to prevent heart disease and help to create healthier communities," said Kevin Keenan, Community Engagement coordinator for Tobacco-Free Genesee, Livingston, Orleans and Wyoming. "Most renters, including smokers, want smoke-free housing as it supports their efforts to quit."

February is American Heart Month, an opportune time to remind New Yorkers that tobacco use and secondhand smoke are major causes of heart disease, America's number one killer. Frequent exposure to tobacco smoke has been found to nearly double the risk of having a heart attack and creates an unhealthy environment for children. Smoking is still the leading cause of preventable death and disease, increases the risk of stroke and the severity of heart attacks when they occur.

New Yorkers can be protected from smoking-related illnesses such as heart disease by creating more smoke-free housing. In addition, smokers need resources to help them quit.

Valerie Tidwell, property manager at Washington Towers said, "More than 80 percent of our residents supported making the apartments smoke free. They now realize that this was a sensible policy since there's no fool-proof way of protecting residents from secondhand smoke unless you go completely smoke free inside. For management and tenants, it has worked out well."

According to the Centers for Disease Control and Prevention (CDC), each year nearly 33 million nonsmokers in the U.S. may be exposed to secondhand smoke coming from other units and common areas. Each year secondhand smoke causes more than 3,000 deaths in nonsmoking adults in New York State, most from heart disease and lung cancer.

Tobacco-free apartment buildings save money in addition to many lives. According to the CDC, prohibiting smoking in subsidized housing alone would result in annual cost savings of nearly $125 million in New York State. Cost savings of $100 million would come from unneeded secondhand smoke-related healthcare.

"Smoking is one of the leading risk factors for coronary diseases and quitting smoking is one of the most important steps you can take to reduce your risk of coronary diseases," Keenan said. "I hope more people join Washington Towers' residents in loving their hearts by ending this deadly addiction."

Those looking for help quitting, should talk to their doctor and for additional support, call the New York Smokers' Quitline.  The Quitline provides free coaching, information and a free starter kit of nicotine patches to eligible New York residents. All callers to the Quitline in February will receive a red dress pin or bracelet. Wearing a red dress pin is a tangible reminder that better heart health begins with quitting smoking.

For more information about smoke-free properties, contact Kevin Keenan at 585-219-4064 or by e-mail at Kevin.Keenan@roswellpark.org

Follow us on Facebook and Twitter at tobaccofreewny.

Man accused of rape may have victimized others, police say

By Howard B. Owens


 

There may be other local victims of a 22-year-old rape suspect who was arraigned yesterday in county and city courts, according to Batavia PD.

Kesean Shannon, of Hutchins Street, Batavia, is charged with three counts of sexual abuse 1st, two counts of sexual abuse 3rd and one count of sexual misconduct.

The charges are the result of two separate investigations into allegations that Shannon engaged in sex crimes against two girls, age 15 and 16 and with a victim who is 30 years old.

The alleged abuse occurred in 2012 and 2013.

Investigators believe there may be other victims.

Anyone with information that may assist in the investigation are asked to call Det. Kevin Czora, Batavia PD, at (585) 345-6350.

Warrant issued for missing sex offender

By Howard B. Owens
James Chase

Press release:

A warrant has been issued for a Level 3 sex offender, James A Chase, who failed to report for his 90-day verification.  

The Batavia Police Department is looking for help from the community in locating him. 

James A. Chase is about 6’2” and weighs 240 pounds. He is listed as homeless on the City of Batavia Sex Offender page. 

He  is usually wearing camouflage and sometimes wears a face mask when he is walking. 

If anyone has information call the City of Batavia Police at 345-6350 or Officer James Defreeze at 345-6365.

UPDATE 2 p.m.: James Chase turned himself in. He is being arraigned in City Court this afternoon. Police say more information will be released later.

Sexual abuse alleged in indictment unsealed this afternoon

By Howard B. Owens

A 22-year-old resident of Hutchins Street, Batavia, is facing a group of sex crime charges after being arraigned this afternoon in both City Court and County Court.

Judge Robert C. Noonan unsealed a two-count indictment against Kasean L. Shannon. He is charged with sexual abuse in the first degree and sexual misconduct.

Shannon is accused of subjecting another person to sexual contact while the victim was unable to give consent by reason of being physically helpless.

He is also accused of engaging in sexual intercourse without the other person's consent.

In City Court, before Judge Micheal Del Plato, Shannon was arraigned on two charges of sexual abuse.

"I believe there may be further charges coming based on my conversation with law enforcement and District Attorney Friedman," his attorney Jamie Welch told Del Plato.

Also pending for Shannon are a criminal contempt charge and an unlawful possession of marijuana charge.

At the time of both arraignments, Shannon was in custody and came dressed in the Genesee County Jail orange jumpsuit.

Welch didn't ask for a bail review in either court and Noonan ordered Shannon held without bail.

The attorney also said he isn't ready to bind the case over to the Grand Jury and said he doesn't plan on seeking a preliminary hearing.

Other Grand Jury indictments released today:

Crystal L. Marsceill is indicted on a count of bail jumping, 2nd. It's alleged that Marsceill failed to appear on a criminal court case nor voluntarily within 30 days of her scheduled court appearance.

Kassidy R. Watson is indicted on one count of tampering with physical evidence. Watson is accused of tampering with physical evidence she believed was about to be produced or used in an official proceeding with the intent to prevent the evidence from being produced.

Batavia resident to serve four years on pair of rape charges

By Howard B. Owens

A 21-year-old Batavia resident who entered a guilty plea last month to a pair rape charges received a near maximum prison term from Judge Robert C. Noonan today in County Court.

Maleak H. Green, most recently a resident of Ellicott Street, admitted Jan. 7 raping two girls, age 16 and age 15.  He pled guilty to two counts of rape 3rd in a deal that capped his sentence on both counts to four years in prison, to be served concurrently.

He also entered a guilty plea to criminal contempt 1st with a sentence cap of 1 1/3 to 4 years in state prison.

That sentence could have been given to Green consecutive to his rape sentencing, making a maximum possible sentence of 5 1/2 to 8 years.

Noonan gave Green concurrent terms on all three counts.

Green was charged with rape in the third degree because of the age of the victims, but District Attorney Lawrence Friedman said if the case had been presented to a grand jury, he would have sought an indictment on rape in the first degree, alleging force, along with other criminal charges.

Friedman made the statement while asking for the maximum prison time available in the plea deal.

"It is our position that this defendant received substantial consideration in being able to enter this plea," Friedman said.

Green made no statement to Noonan.

Volunteers wanted to serve on city committees and boards

By Billie Owens

Press release:

The Batavia City Council and City Manager are seeking residents who are interested in volunteering as a member of the following committees/boards:

  • Batavia Business Improvement District
  • Cable TV Advisory
  • Planning and Development
  • Plumbing
  • Youth
  • Zoning Appeals

Residents interested in applying can obtain an application from the City Clerk's Office or can visit the Web site at  www.batavianewyork.com/Files  and download a Committee/Board Volunteer Application under Documents.

Applications are due to the City Clerk's Office as soon as possible.

If you have any questions or need additional information, please contact the City Clerk's Office at 345-6305 or the City Manager's Office at 345-6330 or e-mail  jmolino@batavianewyork.com

St. James Church kicks off its Bicentennial with 1815-style service this Sunday morning

By Billie Owens

Press release:

St. James Episcopal Church, Batavia, is celebrating its 200th Anniversary this year. Bicentennial celebration events will take place throughout the year beginning with a special 1815-style church service at 10 a.m., Sunday, Feb. 8. The service will consist of liturgy and music most likely used 200 years ago at St. James, whose parishioners included many of Batavia’s founding families.

Some of the other events planned for the year include:

  • April 12th -- A talk about early Batavia by local historian Larry Barnes.The focus of the talk will be about the founders and early Vestrymen who played a prominent role in the formation of our city. Mr. Barnes will also enlighten us on the accomplishments of Mary Elizabeth and Robert Wood. Along with being a member of St. James Church, Miss Wood was the first director of Richmond Library. Rev. Wood was an Episcopal missionary in China. Miss Wood followed her brother to China and began her life’s work of establishing libraries in China.
  • April 24th  -- A musical presentation by Vox Lumine
  • May 2nd  --  Thanksgiving in May Dinner
  • May 9th --  Period Tea and Fashion Show
  • June 6th  --  Festival Eucharist Celebration with Choral singing and Brass accompaniment with celebrant William Franklin, Bishop of Western New York
  • June 13th -- A Live Batavia appearance and presentation by Suzanne Oliver, co-author of “The Faith Club.” Her book weaves the story of three women, their religions (a Muslim, a Christian and a Jew) and their quest to understand one another. There will be several studies relating to this book throughout the community prior Ms. Oliver’s appearance.

The St. James Bicentennial meshes well with the concurrent City of Batavia Centennial Celebration.

Law firms of Del Plato and Cianfrini announce merger

By Howard B. Owens

Press release:

Del Plato Casey Law Firm, LLP and Raymond F. Cianfrini, Esq., of Cianfrini Law Firm, LLP, are proud to announce that Mr. Cianfrini has joined Del Plato Casey Law Firm as an “Of Counsel” attorney as of January 1, 2015. 

Mr. Cianfrini’s office will continue in its long-standing location of 31 Main Street, Oakfield, New York, where legal assistant and office manager Rhonda Natalizia will also continue to serve clients. 

Michael A. Del Plato and Peter M. Casey will also offer a wide range of legal services at the Oakfield office, in addition to their current location at 73 Main Street, Batavia, New York. 

Mr. Cianfrini, a 1972 Graduate of UB Law School, has been continuously engaged in legal practice in Genesee County and the surrounding area for 42 years.  He will continue to provide quality, client-focused legal services as part of Del Plato Casey Law Firm.  Mr. Cianfrini, Mr. Del Plato, and Mr. Casey may be contacted at either the Batavia office (585-344-1050) or the Oakfield office (585-948-5201).

Del Plato Casey Law Firm, LLP is a general practice law firm handling Commercial and Residential Real Estate matters, Wills and Trusts, Estates and Probate, Business Formations, Family Law matters, Divorces and Legal Separations, Criminal Defense, DWI matters, Traffic Offenses and Personal Injury.

Additional Note: Ray Cinanfrini is chairman of the Genesee County Legislature. Michael Del Plato is recently retired as a City Court judge.

Law and Order: Batavia man accused of identity theft

By Howard B. Owens

Justin Michael Cahoon, 23, of West Main Street, Batavia, is charged with identity theft, 3rd. Cahoon is accused of making unauthorized charges to another person's checking account.

Ronald Jason Scroger, 34, of Swan Street, Batavia, is charged with criminal trespass, 3rd. Scroger is accused of entering Walmart after being previously banned.

Sarah Mae Wilson, 30, of Hutchins Street, Batavia, is charged with violation of order of protection. Wilson allegedly contacted the protected party via telephone at the Genesee County Jail.

Melissa C. Verton, 35, of South Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a registration suspended/revoked charge. Wilson was arrested at her residence.

City seeks nominations for annual recognition awards, deadline is March 1

By Billie Owens

Press release:

The City of Batavia is seeking nominations for the following annual recognition awards:

  • Community Volunteer of the Year
  • Homeowner of the Year
  • Business of the Year

These rocognition rewards will be presented by the City Council at a future City Council Business Meeting.

Nomination forms are available on the city Web site:  www.batavianewyork.com  under the home page of the Web site; or they can be picked up at the City Manager's Office; or requested by phone at 345-6333.

Nominations will be accepted through March 1.

Please submit your nominations to Lisa Casey by e-mail at:  lcasey@batavianewyork.com  or by fax at  343-8182  or by mailing to the address below.

Office of the City Manager

One Batavia City Centre

Batavia, NY

Phone:  345-6330

Fax:  343-8182

'Cheer-a-thon' planned for preschooler with leukemia - 'We Got This!'

By Billie Owens

A preschooler at Jackson Elementary School was diagnosed with leukemia on Jan. 17 and a cheer-a-thon is planned in March to help her and her family.

Four-year-old Emma Harris is very passionate about cheerleading and has been involved with the Batavia Bulldawgs. So a fundraiser focused on cheerleading is a great way to help "Team Emma." Its motto is "We Got This!"

Participants will get a T-shirt and will perform a cheer, short dance routine, stunts, jumps and other fun activities.

There is no charge for attendees to watch the performances. Donations are welcome but not required.

The cheer-a-thon will be held from 3 to 6 p.m. on Saturday March 14 at Batavia High School gym for anyone ages 4 to 12. It will be followed by a performance at 7 p.m. by local high school cheerleaders, dancers from local dance studios and cheer-a-thon participants. In between time, there will be pizza for the participants.

There will also be a 50/50 drawing and Chinese auction at the performance to help the family with medical and travel expenses.

Prizes will be awarded to the top three cheerleaders who bring in the most donations. Cheerleaders may bring sponsor forms -- or a list or donors and their contributions -- to the door.

Cheerleader entrance fee / donation is $25. Make checks payable to  EMMA HARRIS. Please register and pay by Feb. 28 to guarantee pizza and T-shirt.

Registration information must include:

  • Participant name and age
  • Parent name
  • Address
  • Phone
  • T-shirt size
  • Donation  and/or  payment of registration fee ($25 minimum)

Mail with entrance fee to:

Sherri Wahr

17 Elmwood Ave., Batavia NY 14020

For questions / information call or text Sherri at (585) 356-0639.

****Business sponsors are sought to donate items for the Chinese auction. T-shirt sponsorships are sought for a donation of $50.

Another avenue to help is this direct link to donate to Emma:

GoFundMe.com/kvpqb4

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