batavia

Seven residents of the Batavia Motel, 3768 W. Main St. Road, were told Thursday evening they had less than 24 hours to vacant the premises.

The Town of Batavia condemned the building because of numerous code violations.

Resident Eric Duda, who was made manager of the complex about seven months ago -- but still had to pay rent -- said he and his fiancé were able to find lodging for themselves and their 10-month-old infant.

But he said everything he owns is stored in rooms and there's no money to move it to other storage on such short notice.

"I figure I'm going to lose all of my possessions," said Duda, whose last extension for unemployment compensation ran out last week.

DSS helped him and his family move, temporarily, into the Mark Trail Motel, but he couldn't take his dog, and as of about 6 p.m. last night, he didn't know what he was going to do with his pet.

The motel has two detached wings. One of the wings has been vacant for some period of time because of a fire in the main office.

All of the residents lived in units on the east side of the property.

The property is owned by Panchal Bhupendrabhai (Duda called him "Sonny"), who lives in Irving, Texas. The assessed value is $55,000. He acquired the 2.9-acre parcel in 2007 from Sarojbahen Patel for $1, who acquired it in 2006 for $55,000. 

Earlier this month, the Town of Batavia authorized a purchase offer of $85,000 to acquire the parcel, which adjoins Kiwanis Park.

Supervisor Greg Post said the condemnation and interest in buying the property are unrelated matters.

The town has been interested since about 2007 or 2008.

"It's a matter of public record," Post said.

He added that "If there were a proper offer to sell the property, we would be willing to negotiate to buy the property."

Post said the living arrangements are a matter between the landlord and tenants.

"We certainly gave the owner time to comply (with code requirements)," Post said.

Still, the condemnation caught residents by surprised, and they all made quick trips to the Department of Social Services on Friday looking for help.

Maken Ithnnascheri, just moved into room #22 on Monday and spent every dime he had on the move and making the space habitable, including repairs and paint. He said he has nowhere to go and no place to take all of his possessions.

"I put a nice penny into it," he said. "They came here late last night and said we had to be out by five o’clock, and there’s no way. I have no place else to go. Where are we going to go in the cold?”

"Everything I have in the world," he added, "is in that room."

Ithnnascheri said he isn't currently eligible for DSS assistance to help him find new lodging.

The motel is in quite a state of disrepair, Duda acknowledged. He said the roof over three rooms leaks, there are broken doors and windows and several other problems with the property.

“It’s really just lots of little things," Duda said. "I just don’t know how it lasted as long as it did.”

Over the summer, he and the other tenants put a riser and cement cover over the septic tank, but it still leaks into the woods behind the motel.

The landlord has made various deals with tenants to make repairs at a discount but nothing ever seems to get done, Duda said.

He doesn't take issue with the condemnation, only the timing of it.

"It's something that I don’t understand," Duda said. "In order for a landlord to evict you, you've got 30 days. So how can the town come in and say you’ve got 24 hours and that’s it?

"I don’t know why he (the code enforcement officer) didn’t do this in the summer time when it would be easier for people to move," he added.

This video was clearly shot at GCC during a basketball game. A State Trooper is seen talking with a white-haired gentleman who matches the description of John Parrinello being arrest.

If you get WHAM 13 out of Rochester, watch the 6 p.m. news for a report by Sean Carroll related to the video.

UPDATE: Click here for Sean's story.

Previously: Monroe County attorney, college trustee arrested during basketball game at GCC

Two years ago onstage at the annual Batavia Players holiday show, Malloryann Burk accepted the marriage proposal of her now-husband, Peter Flanagan. In this year's show, titled "A Traditional Christmas," Peter is still a central theme in her performance.

The first show is tonight at 7:30 at St. James Episcopal Church, 405 E. Main St., Batavia. Tickets are $10 and will be sold at the door. The other show is the same time Saturday.

But in the new production, Malloryann's focus will be on her husband's  absence rather than his presence.

She will be singing "Sending you a Little Christmas" to Peter, who has been in Afghanistan since September and will most likely be there until May. The song is one of four that are dedicated to Flanagan, a Marine corporal and the father of their 5-month-old son, Gabriel.

"When we were planning the show, we knew we wanted to do something for the troops overseas, and that we wanted to send that message of love and support for them," director Pat Burk, father of Malloryann, explains.  "So much of our family is in the show, and once we started rehearsing it hit us that we're sort the poster family for the cause."

There are a total of 21 songs in the show, most of which are traditional Christmas tunes.  The selections were made by Burk and Mary Brenner in an effort to create a mix of "traditional carols, religious, and well-known songs."

"When we sat down to decide on the songs, there were some that we knew right away had to be in it," says Burk. "Then there were some others, newer songs that aren't as well known but fit well in the expressed area of tradition."

Scattered between some of the songs is Yuletide-themed narration written by Mary Brenner, which discusses everything from the original Christmas story to modern-day Santa Claus. 

In addition to directing, Burk will also lend his voice to the show, performing such songs as a duet of "Have Yourself a Merry Little Christmas." He sings the Bing Crosby part of "Peace on Earth/The Little Drummer Boy" -- along with Paul Spiotta's David Bowie. The musical director and piano accompianist is Kathy White.

Half of this year's show's profit will go toward the St. James Restoration Fund.  

"They've been very good to us in the past, allowing us to perform here, and this is such a beautiful church," Burk explains. "It fits a more traditional type of show."

With Christmas only a week away, the Genesee County Salvation Army is facing a critical time crunch to get the food and others items to families who need them. To say they are coming up short on donations this year, in this economy, is an understatement.

Plus, there's a dearth of bell-ringers, so that's taken a bite out of the Salvation Army's holiday charity campaign.

There are 750 local families who've applied for assistance, and plenty more on a waiting list.

"It's the working families who are really getting squeezed," said Capt. Patty Kurtz, "'the working poor' as the government calls them, are the majority of those who applied this year."

She said the charity used the bulk of its $15,000 Genesee County food budget to buy grocery store gift certificates this year. It also allows families to buy a turkey, ham or whatever for Christmas dinner, and stretches their food budget at a time when their kids are on winter break for two weeks.

The Salvation Army has stocked food items too, of course, with help from Batavia-based business Holiday Ice, which it will start giving out, along with the gift cards, to those on the list beginning at 8:30 a.m. Monday, and again on Tuesday. That'll be at headquarters, 529 E. Main St., in the City of Batavia.

Between now and then, food donations would be super appreciated. Can anybody spare a frozen turkey -- like today or tommorrow?

There were 150 of the birds donated and given out at Thanksgiving. For Christmas, they have about 200 on hand, far below what 750-plus families could enjoy.

"It would be ideal if we could (at least) give every family a turkey," said Kurtz, who is called "Captain Patty."

P.S. -- The Salvation Army's winterwear drive lasts all season long. So if you have gently used coats, sweaters, scarves, mittens, gloves, hats, etc. there are people in Genesee County who could sure use them.

To contact the Salvation Army in Batavia, call 343-6284. E-mail Capt. Patty at patricia.kurtz@use.salvationarmy.org.

This was the view behind the courthouse late this morning at the Tonawanda Creek Falls.

As for the weather forecast: Nothing unusual predicted -- some scattered snow showers and more cold.

The public is invited to tour the new surgical wing at UMMC this afternoon from 3 to 7 p.m.

A free shuttle service from the Bank Street and Washington Street parking lot to the North Street location is available.

As part of our ongoing series of local Christmas lights, here are six pictures taken tonight.

Above, Lincoln Avenue.

More after the jump:

Bank Street

Fairmont Avenue

Ellicott Avenue

Lincoln Avenue

Maple Street

Members of the State Police and Park Rangers were at the County Airport today practicing open water rescue, taking advantage of the cold weather to get some practice in winter conditions.

The practice involves a trooper and ranger taking off in the chopper and then coming back to the practice zone to pick up a practice rescuee. The purpose is to work on communication among rescuers to ensure all elements of the rescue are coordinated.

A complete sequence of pictures after the jump:

A tractor-trailer hauling cars is reportedly on fire on the Thruway in the area of mile marker 396.8, eastbound lane.

The caller reports flames coming from under the dashboard.

East Pembroke Fire dispatched.

UPDATE 2:37 p.m.: Cab now reported fully involved.

UPDATE 2:40 p.m.: One truck from Town of Batavia requested to the scene.

UPDATE 2:47 p.m.: A chief on scene requests an Oakfield tanker. "It's going pretty good," he says.

UPDATE 2:51 p.m.: A couple of the cars on the truck are on fire. Indian Falls and Pembroke requested to the scene.

UPDATE 3:04 p.m. (Billie): Tankers from Corfu and Darien are now requested. There is heavy traffic congestion around the burning rig, impending the ability of responders to reach the scene more quickly.

UPDATE 3:08 p.m. (Billie): Corfu is asked to standby in the East Pembroke Fire Hall. Darien is asked to wait at the Thruway service area until called if needed.

UPDATE 3:16 p.m. (Billie): Eastbound traffic is being diverted off the Thruway at the Pembroke exit. The congestion has also made it difficult for empty water tankers to leave so those with water can get in there.

UPDATE 3:31 p.m. (Billie): The fire is out and the crews are doing overhaul to finish the work.

UPDATE 4:48 p.m.: Top photo, submitted by Thomas Schneider. Bottom two photos by Howard Owens.

Batavia-based Graham Corp., which made its name and money supporting oil exploration and drilling, is moving into the nuclear industry.

Yesterday, Graham announced the acquisition of Michigan-based Energy Steel for $18 million.

The newly acquired company, with 52 employees, is expected to remain in Michigan and no layoffs are expected.

Graham tapped into its $71 million cash reserve to make the purchase, according to the Buffalo News.

Senior Andrew Hoy sunk three 3-pointers and scored 27 points for the evening to lead Batavia past Brighton in the Blue Devil's 2010 home opener 64-46.

Batavia is now 3-1 in the young season.

Head Coach Buddy Brasky said Hoy's performance was one of the keys to the Blue Devil's victory.

"Andrew played a great game," Brasky said. "I mean, he was doing it all. He was scoring, he was facilitating, getting other people involved, making passes on transition. He just played well, I thought, the entire game."

Brasky said the team improved its offensive decision making and team intensity on defense and that made a big difference.

The team committed only three fouls through the first three quarters of the game.

“I thought our whole team defense was pretty solid most of the game," Brasky said. "Until the end, we weren’t reaching, we were playing defense with our feet. I thought our defensive position was fairly good.”

The Blue Devils feature Hoy, who in his junior year became the team's all-time leading scorer, as well as sophomore Justin Washington, along with seniors Ryan Pyatt and Ryan Funke. They were all part of a team that contended for a state championship last year.

Brasky thinks this year's squad, if it works hard, can win some big games.

"We need to keep getting better and better," Brasky said. "We're back up in Class A, so we need to keep improving. I think by the end of the year, we can contend for the sectional title, without a doubt, but we have to keep getting better and better."

The Blue Devil's next home game is Dec. 22 against Charlotte. The team will also compete in the annual Batavia Lions Club Tournament at Genesee Community College on Dec. 30.

More pictures after the jump. To purchase pictures from this game, click here.

James Vincent Kwiatek, 19, of Allegheny Road, Darien, is charged with criminal mischief, 4th, and menacing, 2nd. Kwiatek is accused of getting out of a vehicle, walking up to another occupied vehicle and using a knife to slash its tires.

Alexis Ashley Figuereo, 23, of East Main Street, Batavia, is charged with petit larceny. Figuereo is accused of stealing an Xbox 360 and a BIC lighter while employed at Kmart.

Philip Niccloy, 23, of Summit Street, Le Roy, is charged with reckless endangerment, 2nd, criminal mischief, 2nd. Niccloy was arrested by Brockport PD and accused of firing an arrow through a window of a house that lodged into a living room wall. There were children home at the time, although nobody was injured. (Source: D&C)

Calling it a "terrible, terrible crime against little girls," Genesee County Court Judge Robert C. Noonan today sentenced one-time community fundraiser Gary Draper to two four-year consecutive state prison terms for sexually abusing three Batavia girls.

Draper previously pled guilty to two counts of sexual abuse in the first degree after being charged in July with three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

The crimes were committed between August 2008 and May 2009.

The mother of one of the victims spoke in court about how Draper took advantage of his friendship with the girls and how her daughter is now afraid of men.

"She lost all her trust and doesn’t understand why this happened to her," the mother said. "I want to let her know how brave she is to come forward for herself and her friends. She needs some closure. She needs to know that justice will be served for her."

Draper made a short statement saying, "I'd like to to say I didn’t intent that to happen and I don’t know why it happened and I can assure you it won't happen again. I'm very sorry."

Noonan said he didn't believe it wouldn't happen again.

"One thing that comes across loud and clear is that Mr. Draper does not understand the seriousness of the crimes he’s committed," Noonan said. "If anything, it punctuates it more strongly for him to stand here before me today and say he didn't mean this to happen. There is no other interpretation of the conduct of Mr. Draper than he intend it to happen for his own sexual gratification. And for that, the world deserves protection."

District Attorney Lawrence Friedman asked for the maximum sentence, two consecutive seven-year terms.

Public defender Jerry Ader took issue with a Probation Department report that declined to support a probation-based sentence because Draper wouldn't submit to a full interview with probation officers. Ader said Draper gave a full interview to a qualified sexual behavior specialist and that Ader told Draper not to talk with probation, which probation acknowledged in its own report.

Ader asked for Draper to be released on probation, in part because of Draper's previous community work and his lack of any prior criminal record.

"He deserves a community sentence and I think he can succeed on a community sentence," Ader said.

Draper was known far and wide for his efforts to raise money for the American Diabetes Association, riding a three-wheel bike all over Genesee County and beyond to collect donations.

Over about a 15-year period, Draper raised more than $100,000 for ADA.

On Thanksgiving 2009, Draper's bike was struck by a hit-and-run driver on Center Street, and Draper suffered serious head and hip injuries. His bike was destroyed in the accident and later replaced by a group of local business leaders.

With eight years in prison and 10 years of supervised release after his terms, Noonan said that perhaps the 57-year-old Draper will be at an age that he's no longer a threat to the community.

Batavia was hit with a good bit of snow from about 6 to 8 p.m. Above, St. Mary's Roman Catholic Church on Ellicott Street, Batavia, during the storm.

The lake effect storm warning remains in effect until 6 a.m., but the radar map shows the heaviest bands hovering to the west of Genesee County.

The hourly forecast for Thursday has partial clearing around noon, but then more snow in the mid-afternoon.

Instructor Jen Reardon shows of an example of a type of Christmas tree ornament members of a crafts class at Richmond Memorial Library were making Tuesday evening. It's part of an ongoing series at the library and was open to about a dozen people who signed up (first come, first served). The cost was $6 for materials.

Below, Bonnie Raduns and Erin Martin work on their ornaments.

Valene M. Blackwell, 27, of 27 Tracy Ave., Batavia, is charged with criminal possession of property, 5th. Blackwell was accused following an investigation by Det. Pat Corona into reports of items stolen from parked cars in the city.

Natalie N. Pitt, 25, of 50 Water St., Attica, is charged with endangering the welfare of a child and criminal contempt. Pitt was arrested following an investigation by Det. Rich Schauf in connection with an alleged incident on Dec. 3. No further details released.

Patrick R. McFadden, 26, of 12 Montclair Ave., Batavia, is charged with harassment, 2nd. McFadden is accused of pushing another person several times. He was also arrested on a bench warrant related to an aggravated unlicensed operation, 3rd, charge. He was jailed on $500 bail.

Brennan S. Larnder, 19, of 5 Montclair Ave., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Larnder is accused of pushing another family member under age 17 during a domestic incident.

Richard C. Greene, 28, of Wyoming, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Greene was arrested by State Police at 2:30 p.m., Monday, at 13 S. Main St., Batavia. Greene was held without bail. No further details released.

Once again on Monday evening, Batavia City Council members debated the future of the Falleti Ice Arena -- whether to sell it, or not; whether it makes money, or not; whether it's a vital service to the community, or not.

Councilman Tim Buckley indicated he's had enough.

The city is facing some big and tough budget decisions in the near future, and the council has a lot on its plate. Enough, he said, of debating Falleti Ice Arena.

“I don’t want to make this out as not an important issue, but I want to move away from this issue," Buckley said. "I want to get this thing done. I think as a council we have to realize we’ve got our hands full."

Buckley's suggestion: Have City Manager Jason Molino sit down with Firland, the management company currently running the ice arena, and see what kind of new lease terms can be arranged and bring that proposal back to the council.

After Buckley's opening statement, Councilman Bob Bialkowski said he's been doing the math, and he believes, all things considered, the city is losing thousands of dollars a year on the ice arena.

Bialkowski said he figures the city has expenses related to the ice arena in the range of $53,000, but only gets back in the neighborhood of $40,000. 

City Manager Jason Molino said there are other variables involved, and some of the expenses wouldn't go away if the arena is sold -- such as debt service.

Councilman Bill Cox said he doesn't believe there is any way the city benefits financially from ownership of the arena.

"What’s in it for the taxpayers?" Cox said. "I don’t think anybody on this council, at least not in my hearing, thinks that we’re against the ice arena that we want it to close. ... I don’t want it to close -- I think it’s a great asset to the city. But it should be privatized.

"We’re talking about privatizing it, not closing it. When you privatize it, guess what, you lose control. Do you have any control over the guy who buys your house, what color he paints it after you leave? Of course not."

Councilman Frank Ferrando said while he was once in favor of selling the arena, he's gotten so much feedback from constituents that the city should keep it, that's who he is going to listen to.

"The vast majority of people in this community like the ice rink the way it is, with the city owning it, leasing to Firland," Ferrando said. "I don’t even know what the advantage would be to the taxpayer in the long run if we sold it."

With Cox, Bialkowski, Rosemary Christian and Sam Barone voting no, the council referred the matter to City Manager Jason Molino to see what can be worked out with Firland.

Near the end of the discussion, Cox suggested that WBTA, The Batavian and the Batavia Daily News all run surveys to find out what local residents want done with the arena. After the meeting, we showed Cox the results of an Oct. 26 poll on The Batavian (a totally unscientific poll, we noted) that showed only 22 percent of the respondents supported selling the arena no matter what. Cox's response: "Wow."

City Council President Marianne Clattenberg got a little worked up at Monday night's council meeting during a discussion of a proposed local property-tax cap that some Albany politicians are pushing.

“Why do they need us?" Clattenberg said. "They’re going to tell us what we can charge for property tax and then they’re going to tell us what we have to pay. They don’t even need local governments. They want control of everything. Albany is crazy right now.

"This whole sham of a property-tax cap is just a political ploy by the governor’s office to act like they're for the people," Clattenberg added. "So they say one thing to the people and then go the other way to stab them in the back."

At issue was a proposed resolution to send a message to Albany politicians, "no tax cap without mandate relief." The resolution will state that the legislature shouldn't approve a property-tax cap without eliminating mandated expenses.

A vote to place the resolution on the next council business agenda passed 6-3, with Rosemary Christian, Bob Bialkowski and Bill Cox voting no.

Cox argued that the city should be ready to make any spending cuts necessary without tax increases.

"We have other things we can cut," Cox said. "We need to give our property owners and our citizens tax relief. We can’t do it to them unless we take a stand, draw a line in the sand say, 'no more taxes.'"

Councilman Frank Ferrando said he was concerned that if a tax cap is enacted without mandate relief, the city will be forced to cut vital city services and eliminate key city jobs.

Albany, Ferrando said, shouldn't be dictating to local governments how to raise and spend money.

"If we're forced into that situation that could create real problems for our community," Ferrando said. "If we're in a situation where we need to make those decisions, that’s different. We will be making those decisions. We will make those hard decisions, but they shouldn’t be making them for us."

City Manager Jason Molino said mandated expenses on employee pensions, health insurance and health costs continue to escalate. Next year, for example, the city is looking at a $361,000 increase in mandated retirement benefit costs, and under the property-tax cap proposal, taxes could only go up by $72,000, leaving a $289,000 shortfall.