batavia

It took a tiebreaker, but Batavia High School came out on top in the 2013 GLOW-region Mock Trial Tournament.

In Monday's final round, held in Warsaw, Batavia and Pembroke each scored 110 points in two simultaneous trials.

The plaintiff sides for both teams won their respective trials, making both teams 1-1 on the evening.

Wyoming County Court Judge Michael F. Griffith presided over one trial and and attorney Michael M. Mohun presided over the second.

The tiebreaker came down to Batavia scoring 114 points in the semifinal round to 90 for Pembroke.

The case involved a lawsuit by a student who accused a technical, private college of not providing the education and opportunities promised prior to his/her enrollment.

The photos are from Mohun's courtroom with Pembroke on the plaintiff side and Batavia on defense.

For Pembroke: Ben Reiner, Brandon Kohorst and Erik Schoenecker were plaintiff attorneys and Cody Zajaczkowski, Karen Glomb and Bryan Cox were witnesses.

The defense attorneys for Batavia: Trey Abdella, Danielle Quinn, McKenzie Stevens; the witnesses: Eric DiLaura, Cara Ranalli, Katie Kesler.

Batavia advances to the regional tournament, which will be held in the Genesee County Courthouse this year. The date, yet to be determined, will be one of the last two Saturdays in April.

To purchase prints, click here.

With the approval Monday of the 2013-14 city budget comes some support for a community garden at the Youth Bureau off State Street.

The plan for this year is to create 25 raised garden beds of 4x4 to 4x12 feet for community members to rent and use to grow fruits and vegetables.

Jocelyn Sikorski, youth bureau director (photo), gave a short presentation to the City Council on the project near the end of Monday's meeting.

"We're really optimistic that we will fill this community garden this year and sell out all 25 beds," Sikorski said.

The project was actually started in the Spring of 2011 by former Youth Bureau director Deb Kerr-Rosenbeck after she realized that many of the youth served by the agency weren't eating enough fruits and vegetables at home.

With one raised bed, Kerr-Rosenbeck, with the help of the children at the bureau, planted a garden and vegetables. Some of the children had never eaten certain kinds of produce before; what was grown became part of the meals served by the agency.

When Leadership Genesee caught wind of the project, some members teamed up to help build four more raised beds in the Spring of 2012.

This year, the plan is to transform the long-unused wading pond behind the Youth Bureau building into a spot for 25 raised beds.

City residents will be able to rent a bed for $15 to $35 for the season, Sikorski said.

"Our long-term goal is to have more community gardens around the city," Sikorski said.

The city portion of the funding for the project is less than $1,000, with donations coming from members of the community.

Constructions of the beds will be part of the Day of Caring on May 8.

The city realized a nearly $91,000 profit on the sale at auction of three properties that were seized last year because of delinquent property taxes.

Back taxes on the three properties totaled $66,686 and they sold for $157,500.

The names of the buyers were not released in a memo given to the City Council prior to Monday's meeting.

The properties sold were:

• 339-341 Ellicott St. ($23,062 taxes owed, sold for $44,500)
• 10 Swan St. ($18,730 in taxes, sold for $72,000)
• 61 Oak St. ($24,894 in taxes, sold for $41,000)

This time things worked out in the city's favor, City Manager Jason Molino said. Sometimes properties at auction go for less than the unpaid taxes.

Calling it the best solution possible, the Batavia City Council voted Monday night to remove garbage collection from the tax roles, remove city responsibility for garbage collection from the municipal code, and tell residents they're now on their own for getting rid of their trash.

Letters from the city to all property owners will go out within a week or so outlining the new rules for city residents and providing them with a list of vendors for trash collection.

Starting June 1, residents will contract with their own hauler  -- or haul it themselves -- and pay their own bills.

"This will make it fair for everyone," said Councilman Kris Doeringer. "It was not fair that some people were paying more than others based on the assessment rather than on the amount of trash they produced. It was just as unfair that businesses had to pay for a service that they were not even using and others did not pay anything at all."

The trash issue has been broiling in Batavia since late last year when city staff revealed a plan to change the municipal code to require an automated tote-based system for garbage collection and open up the refuse and recycling contract to competitive bidding.

For 28 years, Genesee ARC had provided garbage collection in the city, but after ARC was the highest bidder on the new proposed contract, ARC's supporters flooded council chambers through multiple meetings demanding the proposed changes be rejected.

And they were, but council members were still unwilling to give up the double-digit decrease in the tax rate from dropping garbage collection as a city service.

Many ARC supports said, "if it's not broken, don't fix it," but council members, such as Doeringer, said the old system was broken and it needed to be fixed.

Council President Tim Buckley also said the old system was unfair.

"The process now is fair," Buckley said. "I spoke to a widow who lives on the Northeast side of town. She's called me a couple of times. Her assessment is up there and she puts out one bag of garbage every week. She said, 'I go by every week and I see houses with five or 10 bags out.' She said, 'why do I have to pay for that?' It's not fair for her. OK, now it's fair for her."

Doeringer, as did Councilman Pierluigi Cipollone, made it clear they thought the proposed garbage collection plan brought forth by City Manager Jason Molino was pretty good.

"The residents would have received a needed service at a reasonable cost," Cipollone said. "The city would have realized a $1.2 million savings over five years. The city could have used those funds for providing other needed services."

Cipollone cast the lone dissenting vote to change the system to an open market.

While Doeringer believes getting the city out of the garbage business both accomplishes the council's goal to reduce city expenses and is responsive to his constituents' wishes, he regrets the new system won't do much to encourage recycling.

"I was shocked to realize people didn't want a better recycling system," Doeringer said. "They didn't want a system that's more efficient and would help the environment. They didn't want a system that helps clean up the streets from the many animals getting into the garbage, and most surprising, they didn't want a system that would cost less, now and in the future."

Doeringer, Buckley, Patti Pacino, John Canale and Jim Russell all left the door open for revisiting the trash issue for the 2014-15 budget.

"I will personally monitor the system," Canale said. "I will look at what the effect is going to be and if it proves not to be effective in my opinion, then I will personally spearhead an effort to propose a new system that is fair and effective for everyone."

The death earlier this month of a Hutchins Street resident who was found in his home bleeding -- initial reports said from his neck -- has been ruled accidental, Det. Pat Corona, Batavia PD, said this morning.

Peter Ackley, 55, of 12 Hutchins St., had been released from the hospital March 12, the day before the incident, and had ongoing health issues.

Witnesses said he had been outside his house earlier that day and appeared disoriented and was helped back into his apartment. He was later found by a friend unconscious and bleeding inside his residence.

An autopsy found that ongoing medical problems apparently caused him to collapse. He fell against a household fixture, which caused his wounds.

Ackley was transported by Mercy Flight to Strong Memorial Hospital where he later died.

There is no evidence, Corona said, of any foul play.

A Batavia resident arrested after leading local law enforcment on a multi-jurisdiction chase will spend three to six years in state prison following his sentencing in Genesee County Court today.

Todd Weaver, 44, of Seven Springs Road, previously admitted to a mischief charge, was also fined $1,000.

The chase began in Medina and wound onto the Tonawanda Indian Reservation where Weaver used his car to strike a Medina patrol vehicle. The patrol vehicle was disabled and the police officer lost sight of Weaver's vehicle.

Weaver was also accused of striking a mailbox on Skye Road.

His vehicle was next spotted by Batavia PD at Oak and Richmond, with Weaver then leading police on a chase that reached speeds of 50 mph through the city.

Police tried to use spike strips to stop Weaver, but he avoided them. 

He eventually ran out of gas on Clinton Street Road, Stafford.

The former Dipson Theater's sign on Main Street, Batavia, was updated today with the sign for the renamed theater: Batavia Showtime. Downtown businessman Ken Mistler purchased the theater earlier this month and is planning several renovations.

Press release:

On Friday, March 29 (Good Friday), the City of Batavia Fire & Police Departments will hold a free Child Safety Seat Check Event at Fire Headquarters (18 Evans St.) from 10 a.m. until 2 p.m., rain or shine.

Nationally certified technicians will be on hand to answer questions, check recalls, and assist with making sure all seats are installed correctly. Parents should remember to bring both the car seat and the child so that proper instruction/installation can be done.

Did you know three out of four car seats aren’t used correctly? Surprised? Stop down this Friday, March 29 to our event and ensure your children are traveling safely.

For more information contact City Fire Headquarters at 345-6375.

Weston J. Johnson, 24, of 173 Hollybrook Road, Brockport, is charged with DWI, failure to keep right and speed not reasonable and prudent. Johnson was reportedly driving northbound on Naramore Drive, Batavia, at 2:36 a.m., Sunday, when he failed to safely negotiate a curve in the roadway. Johnson's vehicle crossed the south shoulder of the roadway and became stuck in the lawn of a residence. Upon further investigation by Officer Darryle Streeter and Sgt. Dan Coffey, Johnson was found to be allegedly driving drunk. He was jailed on $500 bail.

Sarah E. Gioia, 20, of 9 Pringle Ave., upper, is charged with harassment, 2nd. Gioia allegedly threatened another person with physical injury while at Tops at 8:50 p.m., Friday.

Mark D. Tomaszewski, 50, of 4 Franklin Ave., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle and failure to use a turn signal. Tomaszewski was stopped Saturday by Le Roy PD for alleged traffic violation.

Traci Kiniko Jones, 18, of Thomas Avenue, Batavia, is charged with trespass. Jones was allegedly at College Village after being banned from the property.

Amanda Jane Slack, 25, of Strouts Road, Elba, is charged with petit larceny. Slack is accused of stealing $248.57 of merchandise from Walmart.

Bradley Richardson Hanpeter, 26, of Kiwassa Road, Saranac, is charged with criminal possession of a controlled substance and possesion of a controlled substance not in original container. Hanpeter was stopped for an alleged traffic infraction at 6:15 p.m. Friday on Route 77, Pembroke, by Deputy Patrict Reeves. Hanpeter was also allegedly driving on a suspended driver's license.

Aboubaker Thiam, 18, of Bank Street, Batavia, is charged with criminal trespass, 3rd. Thiam was allegedly at College Village after being banned from the property.

David B. Marsceill, 35, of Elba, is charged with menacing, 2nd, criminal mischief and criminal contempt, 1st. Marsceill was arrested by State Police on Old Ford Road, Elba, on charges related to an incident reported at 2:30 p.m. Saturday in the Village of Elba. Marsceill was held without bail. No further details released.

Hector G. Riguard, 31, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Riguard was stopped at 2:09 a.m. Sunday at Main and Lewiston, City of Batavia, by State Police.

State Police have released the names of the drivers involved in Friday's accident on Route 98, Alexander. The driver of the northbound sedan was Tianshu Liu, 25, of Rochester, and the driver of the southbound vehicle was Mary B. Meides, 45, of Darien. The name of Liu's passenger was not released. No charges are listed in the blotter item.

NOTE: Earlier this year, the Chamber of Commerce published its annual Genesee County Tourism magazine and for the second year in a row, The Batavian participated in the publication by producing photos and stories. Today, for our Sunday reading, we're publishing four of our stories. For more on why Genesee County is a great place to live and to visit, click here for VisitGeneseeNY.com.

It's a little studio with a big reputation.

Lance and Amanda Taylor opened Oatka Studio in 2007 and now attract students and teachers from the world over.

"We’re fortunate we know many, many world renown glass artists," Lance said. "We’re able to bring those people to Batavia and that is something that sets our school apart from many smaller glass studios."

The Taylors both have a long history in various art forms, as well as business and science backgrounds, that evolved into an interest in glass.

Lance started with stained glass in the 1970s, went to ceramics in the 1980s, woodworking in the 1990s and then back to glass.

Amanda was a geophysist who pursued art on the side, including metal smithing, ceramics, photography and welding.

Lance is from Le Roy and Amanda is from Calgary, Alberta, Canada.

The husband and wife team met at a glass conference in Corning in 2006.

Oatka Glass is located in the historic Harvester Center, a 150-year-old former tractor factory in Batavia that is home to a variety of small businesses, including a community theater, photography studio and two art studios.

Much of the current studio is centered around kiln glass -- melting cut or crushed glass in a kiln until it becomes a single piece and then shaping the glass with molds or cutting and sanding -- but the Taylors also offer glass blowing glasses and are expanding that part of the studio.

"People might be surprised that we have a world-class glass facility right in Batavia," Lance said. "Anybody in the area has a phenomenal opportunity to work with masters in glass and use some of the best equipment that is available."

The studio has become popular with groups, Amanda said, from business executives looking for team building exercises to Girl Scouts trying new craft projects.

"We are expanding that part of the business," Amanda said. "We want to get more of the local community involved."

Typically, classes run three or four days, but there are one-day classes, multi-week classes and artists can rent studio time to work on projects. The Taylor's also offer one-on-one instruction.

Basically, the Taylors can fashion an instruction or studio experience to fit the needs of an individual or group.

Just recently, Oatka Glass started a lecture series featuring well known glass artists that are free and open to the public.

"A lot of the instructors who have taught here love coming here," Amanda said. "What we offer is unique and a little more personal."

For example, Amanda said, for daylong classes, Amanda cooks gourmet lunches.

"We don't just send out for sub sandwiches or pizza, and we can cook a lunch to accommodate vegetarians or any dietary health issue," Amanda said.

"It's all very personalized," she said. "This is a small place so a lot of attention is paid to each student."

Parents, ensure the moments from the recent basketball season are preserved for years to come -- buy prints of photos from the games of the Batavia Blue Devils and the Notre Dame Fighting Irish.

We captured the post-season action (and for the Notre Dame girls, the Rotary Tournament). (State championship photos are not for sale because of NYSPHSAA rules.)

Click the graphics in this post for links to the galleries of each of the games, which includes all sports covered so far in 2013 for both schools. Or for Batavia, click here, and for Notre Dame, click here.

And for today only, we'll offer one more time: become a member of The Batavian Club and receive a free 13x19 print of the basketball photo of your choice. Click here for details.

Bryanna Dunlap and Andre Dunlap serve up spaghetti Saturday night at the annual Kiwanis Club of Batavia Spaghetti Dinner at the YWCA.

Three former football players for Batavia and Le Roy have been named to Section V Football Hall of Fame, according to an item on the D&C's Web site.

William Bosseler (Batavia): All-America in 1965. Played at then University of Buffalo. Later coached at McQuaid and Cardinal Mooney.

Brandon Shaughnessy (Le Roy): All-star on the 1995 Le Roy state champion team and a 1996 AGR team member. All-conference second team tight end and captain at State University of New York at Buffalo.

David Shaughnessy (Le Roy): First-team all-state lineman in 1995. Two-time AGR selection. The former Section V Championship MVP played went on to Ithaca College.

Congratulations to Lee Johnson, who won the first-ever Mr. Batavia contest held at Batavia High School last night.

Nine young men participated in the competition with any proceeds from the event going to the winner's charity of choice.

Johnson's charity was Genesee Cancer Assistance.

The other participants were Trey Abdella, Dennis Alton, Ryan Warner, Mike DiBacco, Matt Gabriele, Casey Grice, Tim Martin and Adam Weaver.

The group competed in dance, lip syncing, talent, swimsuit, tux walk and Q&A.

NOTE: None of the organizers ever contacted us about this event, otherwise we might have had more coverage. Thanks to Tammi Ferringer for telling us about Lee's win and sending in the picture.

Police are still trying to determine what caused two cars to collide head on at the intersection of Route 98 and Oak Street at 12:35 p.m.

At the point of impact, a white Lincoln Navigator driven by Ouana Caldwell was westbound on Park Road and Marianne Cupler was eastbound in a late model pickup truck, preparing to turn north onto Oak Street.

Cupler was transported to UMMC by Mercy EMS with minor injuries.

Caldwell initially refused medical attention. About two hours later, Mercy EMS was dispatched to the guest waiting area of the Federal Detention Center to examine a patient complaining of pain related to the accident.

(Initial Report)

The Easter Bunny hopped into Oliver's Candies today, and he had lots of candy for lots of children.

Volunteers with Godfrey's Pond stocked the conservation group's spring-fed pond today with 10- to 14-inch rainbow and golden trout.

Fishing season opens Saturday and members and guests will be able to angle for these beauties throughout the summer.

The pond is stocked twice a year -- in the spring and in the fall -- from fish that are hatched and raised at Godfrey's own facility in a DEC-approved program.

Ron Wickings, above, will help conduct a fly-fishing seminar starting at 9 a.m., Saturday, March 30, that is open to the public. The course is free.

Godfrey's Pond will hold open houses on May 19 and June 16.

A motor-vehicle accident with injuries is reported at Oak Street and Park Road in the city. It is blocking traffic. Police and Mercy medics are responding along with city fire.

UPDATE 12:41 p.m.: A second ambulance is called, emergency mode.

UPDATE 12:51 p.m.: A 53-year-old female is being transported to UMMC. She is said to have a cut on her nose, a swollen left eye and knee pain.

UPDATE 1:02 p.m.: Another female involved in the accident declined medical treatment.

UPDATE 2:04 p.m.: The woman who declined treatment at the scene is now calling for an ambulance.

UPDATE 2:06 p.m.: The response is non-emergency. The patient is 35 years old and complaining of chest pain.

A person has reportedly suffered a minor leg injury in a two-car motor-vehicle accident on Bank Street Road near West Saile Drive.

Town of Batavia fire and Mercy EMS responding.

A deputy responding reports that wind has blowing snow over the roadway and "it's just a sheet of ice."

UPDATE 5:59 p.m.: Northbound Bank Street Road being shut down.

The Batavia City Council is scheduled to vote on a revised solid waste law that will "get the city out of the trash business" starting June 1, and if that happens, there are private haulers ready to try and woo new customers in the city.

Genesee ARC, of course, has said the agency will continue to offer trash collection service in Batavia, and also plans to expand into other parts of the county.

In a survey of other regional trash haulers, two companies said they plan to compete for customers, a third is considering it, a fourth has no comment and two others couldn't be reached for comment.

Ready to jump into the market are Waste Management, one of the largest trash haulers in the nation, and Town of Alabama-based PSI. Both said they plan to offer residential trash service in Batavia.

Erik Grimm, owner of Suburban Disposal, based in Monroe County, hadn't been aware of the proposed change for garbage pick-up in Batavia, but once he learned about it said it was something his company would research and consider.

"There are economies of scale in the collection industry and without proper route density, there isn't a viable service delivery strategy," Grimm said, adding that his company would have to quantify the risk of opening up routes in Batavia and determine if enough business could be generated to begin operations in the city.

The 28 years of experience Genesee ARC has collecting trash in the city and the obvious loyalty many local residents have for ARC would be one of the risk factors in any business calculation, Grimm said.

"Some level of loyalty is something we would have to think about, absolutely," Grimm said.

Lori Caso, WNY spokeswoman for Waste Management issued the following statement when asked about her company's plans:

Yes, it’s our understanding that Batavia is in the process of creating an open market area. Yes, Waste Management is interested in providing service to the area. In fact, we are in the process of creating a special dedicated phone number to give them priority service.

Both Waste Management and Suburban would offer the kind of automated tote pick up the city tried to institute with a proposed trash ordinance that was shot down by the council three weeks ago.

Allied Republic would have won that contract had the new law passed. John McGoran, manager of municipal services for Allied, did not respond to phone messages asking about his company's plans for Batavia.

Depending on Monday's vote, PSI is ready to offer trash service in Batavia, said owner Pete Stanley.

PSI works out of facilities in Alabama and is currently the contracted disposal service for the Village of Le Roy and Town of Alabama and has customers in Erie County and Attica.

Stanley said his company has always been supportive of ARC and delivers to ARC a lot of recycling material that it picks up.

He said he made his plans to offer trash service to residents of Batavia without knowing that ARC planned to continue to offer trash service, but he said it will be up to residents to decide who they want to do business with.

What PSI offers isn't much different from ARC's service -- using trash cans, bags and bins.

"I'm not going to low ball a number to get the work if (ARC is) going to be out there," Stanley said. "I'm going to offer a number that's reasonable because it costs money to run those trucks. I'm going to put my number out there and if people want to come to us that’s fine."

Dave Boon, of Boon and Sons, which partnered with ARC on a bid for the contracted tote system that was rejected by the City Council, did not return phone messages.

Tom Moran, of Youngblood Disposal, based in Rochester, said he had no comment at this time.

The other option for city residents will be for them to deliver their own bags of garbage to transfer stations.

Bruce Scofield, of Scofield Roll-Off Service, has already started advertising his transfer station in Stafford as a possible garbage drop-off point.

He said for a couple bucks a bag, residents who don't generate a lot of trash -- such as older residents without children -- could save a good deal of money by using a transfer station such as his rather than contract with a refuse collection company.

Donna Saskowski, executive director of Genesee ARC, said she can't discuss details of the ARC's new business operation will be until it's approved by the board next week, but she did say ARC was definitely planning to compete for customers in Batavia.

"I have no doubt we'll be competitive," Saskowski said, citing the hometown location and solid reputation as a trustworthy company as probable competitive advantages.

Of course, many people have said they will stick with ARC because they support what ARC does for local residents, even if it costs a little more. Saskowski indicated though that she realizes it will take more than loyalty to build a business.

"We've gotten a lot of very excellent support from many people in the city," Saskowski said. "For most people, if they're not particularly moved by our mission, it's going to come down to price."

UPDATE: Dave Boon called back and said he's been out of town. At this time, Boon and Son has no intention of going into the trash business in Batavia. Boon said he respects what ARC does and it would feel like "backdooring" them to come into Batavia after working on a partnership agreement for the previous bid.  "I'm not looking to come out and step on their toes," he said.