batavia

City residents can expect city-provided garbage collection to continue until May 31.

After that date, residents will be responsible for getting rid of their own trash, either through a private hauler or taking it themselves to a transfer station.

Property taxes sufficient to pay for an extra two months of municipal garbage pick-up will be collected in 2013.

A motion to amend the city budget and move the proposal forward passed unanimously.

Public hearings will be held in two weeks on the proposed budget as amended and proposed changes in the solid waste law.

The primary change to the law gets the city completely out of the trash business. Residents will have the option to contract with private companies -- which could potentially include Genesee ARC -- to pick up their trash.

The city will send notices to all residents with contact information for private haulers.

The new ordinance will allow residents to use cans, totes or bags. How garbage is left curbside will depend on the hauler.

Residents will also be able to take their trash to the transfer station in the Town of Batavia if they don't want to contract with a hauler.

UPDATE 6:47 p.m.: Introduction of the proposed wording of the solid waste law passed unanimously. The ordinance doesn't become law until after a public hearing followed by a vote to ratify the law.

UPDATE 6:49 p.m.: The public hearings will be at 7 p.m., March 11.

MORE T/K ... We'll have full details later tonight or in the morning. The meeting is still in progress.

There were two things that brought Scott Paul back to Western New York two decades ago -- the chance to go into business with his brother and the fact that he just had to get away from the long commutes in Washington, D.C.

"He'd had enough of the two-and-half hour drive to work and the three-and-half hour drive home in DC traffic," Cregg Paul said. "He said, 'there's got to be a better way to live your life.' "

Scott packed up his belongings and headed to Batavia to help Cregg restore the former Batavia Times building and open in 1993 the Center Street Smoke House.

Yesterday, Scott Robert Paul died after a short illness. He was 57.

While Cregg has run the day-to-day operations of Center Street, Scott worked behind the scenes, in the back office and handling the marketing materials and menus for the popular restaurant.

Scott was always the creative type, Cregg said. He went to RIT for photography, remained an avid photographer, and was by trade a graphic designer. He was also a musician, loved playing guitar, played in bands and owned several guitars.

Among Scott's heroes was golfer Ben Hogan, and Cregg said Scott shared Hogan's trait for seeking perfection. Scott was also an avid golfer.

One of Center Street's iconic promotional gimmicks brought together Scott's visual sense with his love of music -- a black-and-white sedan, looking much like a police car from the 1970s, that was patterned after the old police cruiser in the movie "The Blues Brothers."

There were restaurants in Florida and Myrtle Beach, S.C., that used a Blues Brothers' car and Scott thought the theme would fit the Smoke House, which often features live music.

The brothers found the perfect sedan for sale on Ebay. It was being stored in a barn in Kansas. They had it shipped to Batavia and a friend converted it into a "bluesmobile."

The car would get strange looks on Batavia's streets, Cregg recalled, but the most memorable incident with the car happened in Rochester.

Scott and Cregg drove it to the big city to pick up some supplies and next thing they knew, a police car was flashing its lights.

Scott pulled over and a police officer approached and asked if he had a permit for the giant bullhorn on the roof.

Of course he didn't.

Cregg recalls the officer saying, "This is what we're going to do. You two guys are going to get out of that car. You're going to go over there and stand on the curb.  Then, me and my partner are going to get into your car and you're going to take our pictures."

Cregg laughs recalling the story. "OK," Cregg said they told the officers. "We're OK with that."

The cops handed over their own Polaroid camera for the brothers to take pictures of them in the car and then of "arresting" them by the car.

Today, Cregg recalled Scott's life at Center Street, which he said Scott loved, and there were no tears, but lots of laughter.

The Auburn native liked to live life the way he wanted to live it, Cregg said.

"If somebody came in and said you should do this and you should do that, he would look at him and tell him don’t tell me what to do," Cregg said. "And that was the way he was. He said, 'I’m going to live my life my way on my terms.' "

And he had his own opinions -- many of them -- and he'd hold fast when he thought he was right.

"To his credit, he didn't compromise on very many things," Cregg said.

"It’s funny," Cregg added, "because T.J. (Woodward, of Gilmartin Funeral Home) asked me, 'was your brother a veteran?' I go 'no, but he did fight a lot of wars.' I said, 'he did win some, he lost some and he signed some peace agreements, but not many.' "

There will be a gathering from 1 to 4 p.m., Friday, at the Center Street Smoke House for close friends and family to honor Scott and remember his life.

Eric Halsey, 22, of 2 Goade Park, Batavia, is charged with felony DWI, unlawful possession of marijuana, failure to keep right and using handheld mobile phone device while operating a motor vehicle. Goade was stopped by Le Roy PD after allegedly crossing a center yellow line. He allegedly has a prior DWI conviction in the past 10 years. Halsey was jailed without bail.

Kevin Bruce Martin, 29, of 20th Street, Niagara Falls, is charged with criminal possession of a controlled substance. Martin turned himself in to Niagara Falls PD on a bench warrant issued out of Town of Batavia Court. Following arraignment in Town of Batavia, he was jailed on $500 bail.

Jeffrey Russell Hamill, 34, of Glenwood Drive, Attica, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and refusal to take breath test. Hamill's arrest follows an investigation by Deputy Jason Saile into a motor vehicle accident at 4:41 a.m., Feb. 3, on Route 238, Darien.

It's been snowing in Genesee County pretty much continually since last night, but as you can see from the banks of the Tonawanda along West Main Street, Batavia, that there hasn't been much accumulation.

What accumulation there has been is pretty much just slush.

The Weather Service says expect more of the same through tomorrow.

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

As it stands right now, if you're a City of Batavia resident, you have no idea who will pick up your garbage come April 1.

Monday night, the city council rejected, on a 2-7 vote, a change in the trash ordinance that, by their own admission, they asked city staff to draft. And with the Genesee ARC contract expiring March 31, it will take some quick work to come up with a new trash plan.

The clear direction from the council members after the 2-7 vote: get the city out of the trash business.

That means a municipal contract with Genesee ARC, after 28 years, will not be renewed and each property owner or resident will be free to select any trash collection vendor.

Councilman Jim Russell said that while council members heard from Genesee ARC supporters, they also heard from a lot of people who liked the proposed changes to trash collection in the city. But more, he said, they heard from people who said the city shouldn't be involved in trash collection at all.

"The City of Batavia or any government entity doesn’t belong in business if they don’t have to be," Russell said. "We have a lot of work to do. But if we can make this happen, people will have the choice they asked for."

Donna Saskowski, executive director of Genesee ARC, said after the decision that her agency is ready to provide trash service to city residents on a contract basis if the council fashions a plan that allows ARC to fulfill its primary mission: Employ people with disabilities.

"I think there needs to be some resolution and some more equitable way to charge people for trash and recycling," Saskowski said.

ARC is has always been ready to provide a rate-based service, she said.

"We never had that discussion," Saskowski said. "They never discussed that with me. We never knew about the rates. I think that’s something that’s really up to the council. We’re ready to provide a service. We’ll see what happens."

Saskowski indicated, however, there's still a chance Genesee ARC could get a sole-source contract with the city.

"I still think preferred-source vendor discussion should still be on the table," Saskowski said. "I don't think the city administration agrees with me, but I think it should.

"I was always willing to work ith the city before and I'm willing to work with them now."

The two votes in favor of the new trash plan came from Pierluigi Cipollone and Rose Mary Christian.

Cipollone pointed out that the proposal before the council was what members asked city staff to draft and by the direction of council, it reduces property taxes.

"If we're trying to be a fisically responsible council, this is something we need to do," Cipollone said.

After the decision was made, Cipollone warned that the council was about to embark on a plan that would cost city residents a lot more money.

"The people of Batavia will be spending more now on an individual basis than they would have from any of the offers on the table," Cipollone said.

Molino said he accepted the council's decision to change directions at the 11th hour.

"We did what we were asked in putting together budget, but sometimes things take turns we can’t predict," Molino said. "That happened this time, so now we respond to it."

At a Wednesday evening meeting, city staff will present a plan to the council that will keep trash out of the city budget -- meaning the 16-percent tax cut is retained -- and prepares the city for conversion to a self-selected, private-hauler solution.

Between now and Wednesday city staff will need to figure out the logistics of ensuring all city residents are ready to contract for their own trash collection by April 1, or find out if it's possible to extend Genesee ARC's contract for some period of time, buying more time for the conversion to a private-hauler system.

City council votes down proposed trash ordinance 7-2. The rest of the agenda is tabled, including the budget proposal.

Direction from council to City Manager Jason Molino is to get the city out of the trash business completely.

We posted earlier today about plans by the City of Batavia to auction off properties obtained because of unpaid taxes. One of those properties is the former Green Wolf Pub on Ellicott Street.

Potential business opportunity for somebody.

The sentencing for Randy Johnson, a Batavia man who admitted in November to causing a baby's brain injuries, was delayed today because Judge Robert C. Noonan wants to hear from an expert witness before deciding how to proceed.

Noonan said he has the full range of sentencing options for Johnson, from probation to seven years in prison, but he doesn't have enough information.

"The missing companion is a medical analysis of exactly what conduct had to be occasioned on the victim in order to cause such a serious medical outcome," Noonan said.

Noonan would like prosecution to bring in either the treating physician or an expert in shaken baby syndrome to fill in the missing information.

He said the defense would also have an opportunity to present testimony and the defense would have the option of putting Johnson on the stand.

Both of the primary attorneys in the case, District Attorney Lawrence Friedman, and Deputy Public Defender William Tedford, are on vacation, therefore not in court today. Noonan asked for a date -- 10:15, a.m. March 14 -- with both attorneys able to give an estimate of the time they would need for testimony.

The hearing will set be at a later date.

On Nov. 28, Johnson admitted to causing the injuries to the baby, but entered his pleas to reckless assault on a child on an Alford plea basis. He said he cold not admit to the specific actions attributed to him by the prosecution.

The Batavia City Council meets at city hall tonight at 7 o'clock and top on the agenda are the proposed changes to how garbage and recycling are collected in the city.

The council will be asked to pass several resolutions, which will: alter the city's solid waste code; enter into a bond anticipation note to buy totes; enter into a contract with Allied Waste Services for trash and recycling collection; purchase totes from Cascade Engineering; establish a refuse and recycling fund; and set a refuse and recycling user fee.

All must pass in order for a new system to go into effect.

Supporters of Genesee ARC are expected once again to fill council chambers in hopes of persuading at least five council members to vote against the proposed plan.

If the changes go through, a 28-year relationship between ARC and the city for garbage collection comes to an end.

Following the seven resolution items, the council will be asked to adopt a budget resolution. The budget contains an 16-percent cut in the property tax rate. The reduction hinges on the new trash program. If that vote fails, it's unlikely the council will be able to approve the proposed budget and the city will need to redraft the budget.

There is no agenda item for public comment during the special business meeting.

Following the special business meeting, the council will hold a conference meeting.

On the conference meeting agenda are items to establish an investment policy and the Dwyer Stadium lease for the Batavia Muckdogs.

Also on the agenda is consideration of foreclosed properties.

The city has foreclosed on five properties for delinquent property taxes. City staff is recommending three of the properties go up for public auction and that two of the properites be provided to Habitat for Humanity for restoration.

Recommended for auction are:

• 339-341 Ellicott St., zoned commercial, valued at $60,000 and with $23,061.57 in unpaid property taxes.
• 10 Swan St., zoned commercial (but looks like a residential property), valued at $61,000 and with $18,730.08 in back taxes.
• 61 Oak St., single family, valued at $83,000 and with $24,894.08 in taxes owed.

Recommended for Habitat are 11 Harvester Ave. and 2 McKinley. Both properties were once owned by the Pontillo family. Both properties have been vacant for a considerable amount of time. Habitat, according to the staff report, has reviewed both properties and expressed an interest.

Over the past seven years, Habitat has rehabilitated five single-family homes in the city. The average assessed value has climbed from $49,520 to $68,400.

Jihad Abdul Hakiim, 19, of W. 168th St., New York City, and William A. Hucks, 18, of State Road, Webster, are charged with burglary, 2nd. Hakiim and Hucks allegedly entered a dormitory suite at College Village through a window and took two XBox game consoles and games. Hakiim was jailed on $15,000 bail and Hucks was jailed on $5,000 bail. The case was investigated by Deputy Brian Thompson with K-9 Pharoah, Investigator William Ferrando, Deputy Patrick Reeves and Trooper Eric Daigler.

Jessie Marie Cramer, 27, of Bank Street, Batavia, was arrested on a bench warrant. Cramer allegedly failed to appear in Town of Batavia Court on a petit larceny charge.

Justin Ryan Bidell, 38, of Meadville Road, Basom, was arrested on a bench warrant. Bidell turned himself in to the Sheriff's Office on a warrant for alleged failure to pay fine.

Andrew William Bruckman, of Robertson Road, Churchville, is charged with unlawful possession of marijuana. Bruckman was stopped on Route 33, Stafford, at 6:08 p.m. on Saturday by Deputy Kevin McCarthy, for allegedly pulling a trailer with switched plates and having an unregistered trailer. During the stop, Bruckman was allegedly found in possession of marijuana.

Steven Ronald Dennis, 23, of Maple Ridge Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (94 in a 55 mph and 84 in a 30 mph), and unlawful possession of marijuana. Dennis was stopped at 1:21 a.m., Sunday, on Water Street, Oakfield, by Deputy James Diehl.

Eric Alexander Ion, 40, of Pike Road, Batavia, is charged with felony criminal contempt and assault, 3rd. Ion allegedly violated an order of protection by assaulting the protect party, causing injury. Ion was jailed on $2,500 bail.

Jon Hoyt Bush, 29, of Route 98, Elba, is charged with criminal contempt, 2nd.  Bush was arrested on a warrant after being released from the Livingston County Jail. Bush was jailed in Genesee County on $1,000 bail.

Cazan Jayrryary Cummings, 20, of Avenue W, Brooklyn, is charged with trespassing. Cummings was allegedly at College Village after being banned from the property.

Nicole Lee Cramer, 23, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Cramer was a passenger in a vehicle stopped on Route 5, City of Batavia, at 1:07 a.m. on Saturday by Deputy Patrick Reeves. Cramer was allegedly found in possession of alcohol in a motor vehicle. Upon further investigation, an amount of suspected cocaine was found concealed in an undergarment.

A pedestrian has been hit at Main and Center streets, Batavia,

The pedestrian is currently in a deputy's vehicle.

No report of serious injury.

UPDATE: Female pedestrian transported to UMMC with a complaint of pain in her legs.

Today was the third annual Bridal Show at Terry Hills. Unfortunately, I got there later in the afternoon and most of the big crowd that had been there when the doors opened had moved on, but organizers said the show was a another big success.  Above, models showing off gowns from Stella's Bridal Boutique in Le Roy.

It wouldn't be a stretch to say that Sgt. John Peck, during his 25 years with the Batavia PD, has been a lifesaver.

He never fired his service weapon, and on several occasions he talked people out of jumping off roofs or into dropping a knife or gun.

He's been one of the department's hostage negotiators.

He got the job, he said, because, "I kind of had the gift of gab."

Perhaps the most stressful negotiation came near the end of his career, in November, when a resident of a boarding house on State Street fired a .357 Magnum inside his apartment.

Peck was the first officer in the building. When he got to the top of the stairs, Dennis G. Wolfe was allegedly in his doorway with his gun.

For the next 15 minutes, Peck talked. It helped, he said, that he already knew Wolfe.

Both men had guns. There were five police officers in the foyer. It was, to say the least, a tense situation.

When Peck saw a tear, he knew he had turned a corner in the negotiation.

It's always that way, Peck said. You never think you're not going to be able to talk a person away from the brink of disaster.

"Your adrenaline gets going and you get really focused and you don’t even think of not resolving it," Peck said, adding later, "You kind of tell which direction it's going, but you never feel like you're not going to to be successful."

Peck's last day on the force was Saturday.

In retirement, Peck will get a few more tattoos, ride his motorcycle when the weather warms up, and maybe get a part-time job that has nothing to do with law enforcement.

He plans to stay in Batavia, where his wife of eight years, Jennifer, and two adult children, Ryan and Ashley, live.

After growing up in Fairport and going to college, he  started his career working part time in the Livingston County Jail.

"When you're a young guy, you don't want to spend your time in the jail," Peck said. "You want to be on road patrol."

Soon, he took a police officer's job in Geneseo. Two years later, better benefits and pay lured him to Batavia.

Working in a small city appealed to Peck, he said, because while you get a good variety of calls, serious crime is still rare.

"It's not like you have homicides every day, like in, say, Rochester," Peck said.

There's been plenty of opportunity to talk with people, get to know people and work with people, Peck said, which is his favorite part of police work.

He also likes solving problems.

"When you get a complaint, you look at it like a puzzle, putting the pieces together and resolving an issue," Peck said.

In 25 years in Batavia, though, a lot has changed, though, Peck said.

There are more calls for service, more people causing more problems and a shrinking police force to deal with the call volume.

Peck's advice for the new guys: "Stick together" and learn to prioritize.

The new officers must cope with the demands of a changing Batavia, Peck said, plus they have to deal with a changing department structure (eliminating the lieutenant position, for example) and a less generous retirement package.

"They need to stick together as a group and face the challenges," Peck said.

The biggest difference Peck has noticed in Batavia, he said, is the public's attitude toward law enforcement.

"I don't see as much support for the police over the years," Peck said. "I think a lot has changed as far as respect, especially from a lot of younger people. You just don’t see the respect and you have to come to terms with that and learn to deal with it."

The Blue Devils started a little flat in their first-round match of Section V playoffs at Batavia High School on Saturday, going a few minutes into the first quarter before scoring.

Defense and poor ball handling by Waterloo, who came into the game seeded #8 with a season record of 5-13, kept the game notched at 0-0 for more than three minutes.

Batavia would find their range, though, and finish out the first quarter with a 13-2 lead on their way to a 60-37 victory.

Justin Washington led all scorers with 19 points and crossed the 1,000-career-point milestone.

"It’s hard to keep these guys motivated (playing a #8 seed) and keep the good habits you try to build," said Head Coach Buddy Brasky. "I thought we did a fairly good job for most of that game, staying within our defensive principles. That was the whole big concern for me, you know, not to start reaching, going for steals. We want to play solid defensively. That’s what’s going to lead us to the sectional title."

Jalen Smith, a key spark for Batavia's offense, hadn't touched a basketball in a week, Braskey said. He hadn't been out of bed in four days. Half the team, he said, has been sick most of the week, which explains as much about the slow start as playing the #8 seed.

"That was part of it, too," Brasky said. "We’ve really been battling this flu since last Saturday."

After Washington scored his 1,000th point in the fourth quarter, announcer Wayne Fuller stopped the game for the announcement and Washington's teammates and coaches congratulated him on the achievement.

"It means a lot to me," Washington said. "It’s something to talk about my whole varsity career. After Andrew (Hoy) did it, I wanted to do it."

Washington has been a pleasure to coach through his four seasons as a varsity starter, Brasky said.

"He’s been a really nice kid to have in our program and I’m really happy for him," Brasky said.

Next up for Batavia, a semi-final match against #5 seed Livonia, 8:15 p.m., Tuesday, at RIT.

Also, last night, Le Roy's boys fell to #1 seed Hornel, 62-42. Scoring for Le Roy: Marcus Mistersaro 7; Zach Moore 11; Nate Piazza 6; Le Roy finishes the year 6-13.

The other big Section V boys basketball game this week: #1 seed Notre Dame (19-0) vs. #5 Avon (13-7), 7 p.m., at Cal-Mum.

In girls Section V playoff action:

• Batavia plays PalMac, 6 p.m., Monday, at Pittsford-Sutherland
• Elba and Notre Dame square off at 8 p.m., Tuesday, at Dansville

Coverage Note: We're not completely settled on what we'll cover yet. On Monday night, at most we can cover one game because I'll be at the Batavia City Council meeting. On Tuesday, Nick Sabato will cover Batavia and I'll cover Elba/Notre Dame.

To purchase prints of these photos, click here.

Press release:

City crews are repairing a water main break in front of 155 Trumbull Parkway. Residents on Trumbull Parkway between East Avenue and North Street may be without water during the repair. If you experience discolored water after the water is restored, please run your water until it once again becomes clear.

UPDATE 12:41 p.m.: Repairs were completed about an hour ago.

Francis Scott Smith, 19, who was allegedly caught in the act of burglarizing a home in Batavia on Jan. 1, has been accused of stealing from two other homes in Pembroke in September and October.

Smith, who is being held in the Genesee County Jail on his previous charge, was arraigned in Pembroke Town Court yesterday and then returned to the jail.

He is accused of stealing cash and jewelry from two separate homes on Read Road, Pembroke.

The new charges follow an investigation by William Ferrando with the Sheriff's Office.

The BB-gun incident at Batavia Middle School yesterday, as first reported by The Batavian, is apparently getting wider media attention.

A Rochester TV news van was reportedly parked illegally on Ross Street a few minutes ago.

And, just now, Batavia PD released the following statement to all regional media:

The Batavia Police and Batavia School officials are jointly investigating the details of a student bringing a BB Gun into the Batavia Middle School. As part of the investigation it has been determined that at no time was the BB gun displayed or any threats made. School officials discovered the gun based on an unrelated incident. Both the School and the Police Department will use the proper procedures to ensure all are safe and the person responsible is dealt with in accordance with the proper procedure in place for juveniles who violate school rules and New York State laws.  

As part of a project to make the Mancuso Office Building at 26 Harvester Ave., Batavia, handicap accessible, a new elevator is being installed behind the building.

Mancuso Business Development Group President Tom Mancuso said other accessibility upgrades are being made to the building in all the public areas, such as the bathrooms.

The four-story building is split-level, with the first floor not being on grade with either the front or the back of the building, so the elevator is being designed to make five stops.

A new lobby is being installed in the back of the building that will be at grade with the back parking lot.

"It's just (such) a historic, attractive building that we didn't want to make changes to the front of it," Mancuso said.

The elevator should be operational by the end of March.

Mancuso didn't reveal the cost of the project, but indicated it is expensive. The entire project is privately financed, he said.

One of the building's current tenants, Rosicki Rosicki & Associates, is an enthusiastic supporter of working with disabled people, Mancuso said.

Another Mancuso tenant, in the Harvester Center, Larry Brown, is a disabled veteran.

"He's always helping us be aware of and work on our accessibility issues," Mancuso said.

Parents in the Batavia City School District were informed tonight that a student at Batavia Middle School is being disciplined for bringing a BB gun to school.

It wasn't a rifle, it wasn't a handgun, it was a BB gun a student had a in backpack in his locker, Superintendent Christopher Dailey emphasized in an interview tonight.

"He didn't think it would be anything to worry about," Dailey said. "Unfortunately for him, it was a really bad choice. He didn't have it at school to hurt anyone or defend himself. He wanted to play with it after school. It was a random poor choice by a kid."

The search was initiated, Daily said, because school officials suspected the student may have brought tobacco to school.

The "random poor choice" by the student had landed the kid in Family Court, according to Batavia Police Chief Shawn Heubusch.

Heubusch confirmed tonight that school officials turned over to police a BB gun that was located in a student locker.

"Batavia school officials should be praised for their quick response to this incident," Heubusch said.

Dailey said school officials take issues like this seriously and his automated phone call tonight was aimed at keeping parents informed and designed to quell rumors about it possibly being a more serious matter.

"I felt it important to share because we don't have anything to hide," Dailey said.

In his message, Daily said, "Having a BB gun on school grounds is against district policy. The BB gun was turned over immediately to the Batavia City Police. The student was removed and will be held accountable according to our district code of conduct."