batavia

At this point, all signs are go for the City of Batavia’s revised charter proposal to be on the voting ballot in November. And that means a vote on the consolidation of the city and town will have to wait.

The nine-member Charter Review Commission met last night at City Hall. The focus of the meeting was to vote on whether to put the charter proposal up for a popular vote in November. The commission did not officially move to do so; they’ll wait until Aug. 24 to decide. But Commission Chairman John Roach says they’ve already got a majority within the commission who want to move forward with the charter.

Besides, says Roach: “The consolidation people should have been aware that we have a charter commission that legally has precedence.”

One of the new additions to the charter is the ability of city council to appoint committees to work on issues outside of council meetings. Currently, every issue before the council must be debated in regular meetings. Roach says an approach-by-committee would streamline city operations.

“Most bigger governing bodies have sub-committees,” said Roach. “It makes things a little more efficient. Instead of nine people arguing over every little detail, you have a committee of three or four who work it out.”

Roach said he doesn’t believe a committee approach would stifle the public comments that have become a staple of regular city council meetings. He says citizens would simply have to attend more meetings, like the committee appointees, if they wanted to voice their opinions.

Today members of the Batavia Police Department received a Certificate of Merit from New York State Assemblyman Steve Hawley.

They were specially recognized for their part in swiftly apprehending an armed robbery suspect involved in the M&T Bank robbery on June 18 in Elba.

Officers pictured from the left are Lt. Jankowski, Sgt. Kleinbach, Officer Davis, Officer Mullen and Chief Baker.

Batavia police assisted the Genesee County Sheriff’s Department, NYS Police and other law enforcement officials responding to the call.

Assemblyman Hawley also honored members of the Sheriff's Office on Wednesday and also plans to present Certificates of Merit to State Police next week.

Some back pay is due Batavia Police Officers who have been working without a contract for the past four years.

The state Public Employees Relations Board has issued an arbitration finding that gives city police a retroactive pay raise of 1 percent for the period April 2005 to March of 2006. A raise of 2-percent has been directed for the period April of 06 to March of 07.

City Manager Jason Molino declined to comment on the award pending receipt of the final report.

www.perb.state.ny.us/pdf/ia2009-10/ia2007-003.pdf

Daniel Nathan Bernard, 20, of 6083 Route 5, Stafford, is charged with petty larceny. Bernard is accused of stealing $60 in winning scratch-off lottery tickets from his father's locked car, which was parked at his father's house.

Eileen Barbara Ferrando, 37, of 53 W. Main St., Corfu, was picked up on a bench warrant issued in the City of Batavia for alleged unlicensed operation of a motor vehicle. Ferrando was turned over to the Batavia Police Department.

Scott Webb, 19, of 12 Grote St., Buffalo, is charged with petty larceny. Grote is accused of stealing game prizes from a game stand at Darien Lake Theme Park.

A 17-year-old from Corfu is accused of reckless driving and endangering the welfare of a child.  The youth allegedly drove at a high rate of speed down Chapel Street in Elba, losing control and coming within feet of striking a child riding a bicycle. The youth was issued an appearance ticket.

The Genesee County Legislature on Wednesday unanimously reappointed Eileen Kirkpatrick to a second five-year term as Commissioner of Social Services. Her salary was established at $84,487 per year.

As commissioner, Kirkpatrick manages the most expensive department of county government that includes the supervision of welfare and Medicaid benefits.

Legislature Chair Mary Pat Hancock created an ad-hoc committee to study the length of terms for county legislators as well as the total number of legislative districts. Hancock instructed each legislator to name one representative from each legislative district to serve on the panel. She said the committee would also investigate whether or not the legislator’s terms should be staggered, as to avoid all positions coming up for re-election in the same year.

Hancock left open the possibility that two or three additional members would be named to the study committee in order to insure “a cross section representation” of the county. She said she would expect the committee to issue recommendations by October or November of this year. No recommendation could take effect until after the general election this year.

There are currently nine members on the county legislature, each serving a two-year term. All the terms expire in the same year.

Prior to the start of the meeting, County Election Commissioners Richard Seibert and Dawn Cassidy announced that their office had received an American Flag flown on board a C-17A aircraft on missions over Iraq and Afghanistan. The flag was sent on the recommendation of Sgt. Paul R. Dillion of LeRoy who wanted to recognize the Department of Elections for insuring the receipt of his absentee ballots while he is on duty with the Air Force in Iraq.

Through a special arrangement with Max Pies Furniture, 400 South Jackson St., Batavia, The Batavian is able to extend this special, online-only offer to its readers:

We have for sale a rocker recliner. This big, comfortable chair normally sells for $699. The first reader of The Batavian to act on this offer can buy it online for $399 (plus sales tax). That's a $300 savings!

You can't buy this recliner in the store at that price.

The winner of this exclusive item will be able to choose from an in-stock rocker recliner or custom order in one of the three available colors.

The rocker recliner features soft upholstery and plush contemporary styling so you can enjoy a comfortable relaxing time whether watching TV, reading or enjoying good conversation. With plush saddle arms and unique butler back design, these recliners are comfortable while retaining their design that compliments almost any home décor. The upholstery, construction and design are built to handle everyday living.

]The winning purchaser will need to arrange to stop by The Batavian office to pick up a purchase voucher. Final arrangements to take delivery of the chair are made at the Max Pies location at 400 South Jackson St. This item will be available until it sells.

The voucher has no cash value, but can be used toward an upgrade purchase on another item.

Deliver is free in Genesee County.

To purchase this online exclusive from The Batavian and Max Pies Furniture, click the PayPal button below (this is the only way you can make this purchase -- this price is NOT available in the store).

A pair of tractor trailers have collided on eastbound Interstate 90 at about mile marker 288. One is reportedly partially overturned. No injuries reported at this time.

One driver reports being cut off by another truck driver.  No further details at this time.

Does anyone remember a pizza shop in the East Town Plaza?  Not Domino's but a real pizza shop?  Where was it located?  Where was Your Host located? 

Friday night, in the bottom of the fifth inning, Batavia Muckdogs infielder Alan Ahmady smashed a home run over The Batavian's right field promotional sign.  The opposite field shot from the right-handed slugger made the game an especially memorable one for Jacoby Miller of Albion.  Miller was the lucky fan that night to have his name drawn in The Batavian's Fifth Inning Home Run Contest.  He won $250, which he picked up at The Batavian's office this afternoon.  We also presented him with an autographed baseball from Ahmady.

Ahmady, from Fresno Calif. (my parents and a brother live just a couple of hours south in the same San Joaquin Valley in Bakersfield), is one of the Cardinals top prospects.  Maybe some day that autographed ball will be worth more than $250.

The home run was Ahmady's first as a professional player (just to be clear, the autographed ball is not the one he hit over the sign -- I don't know what happened to that ball -- hopefully it was retrieved and given to Ahmady for his own collection).

Miller's father, Kevin, said Friday night, "This is something he will never forget."  Today, Kevin Miller told me he and both his sons are huge baseball fans and they attend many Muckdogs games.

Emergency crews are being dispatched to a one-car accident on the Thruway with a reported minor injury. 

A first responder reports that the accident is in the median near Bank Street with one person complaining of chest and knee pain.

Ted Hawley, right, pays a $10 fine for not wearing the proper name badge during today's Batavia Rotary Club meeting.  Hawley started his term as president today and his badge didn't have the year of his presidency printed on it. Outgoing president Ray Chaya gave Hawley a new badge and collected the fine.

Dietrich Williams is accused of shaking the baby of a Batavia woman so violently, even hitting the infant's head against a hard service, that the baby is now in grave condition. Today Williams pleaded not guilty to charges of assault in the first degree and reckless assault of a child.

After the hearing, District Attorney Lawrence Friedman said the baby is not doing well.

"There's a lot of uncertainty right now," Friedman said. "It doesn't look good."

He said doctors fear brain damage, vision damage, whether the baby will be able to feed herself and whether she will be able to breath on her own.

Williams was reportedly living with a co-worker from a nursing home in Le Roy and was charged with watching the woman's four children while she worked a double shift.

On the night of June 20 or early morning of June 21, Williams allegedly assaulted the 15-month-old child.

The child and the mother have not been identified.

Defense Attorney Jerry Ader argued for reduced bail, stating that Williams is an employed resident of Genesee County and had only one prior misdemeanor conviction -- for unauthorized use of rental car that was returned late.

Friedman asked that Williams be held without bail, because there is a warrant for his arrest in Florida (reportedly for a bounced $100 check related to the car rental), and he has changed residence and jobs a few times over the past several months.  Friedman said he didn't believe Williams had lived in Genesee County for more than 4 1/2 months.

Since Williams hasn't appeared on a charged related to $100 check, Friedman told Judge Robert Noonan that he doubted he would appear on a felony charge where he potentially faces a 25-year prison term.

Noonan kept Williams bail at $50,000.

Gene Douglas Swede, 61, of 11295 Perry Road, Pavilion, is charged with harassment. Swede is accused of jumping a fence into a neighbor's yard, yelling and cussing at the neighbor and threatening to beat up the neighbor. An order of protection was issued for Swede protecting his neighbors.

Porscha Mohogani Woods, 26, of 305 Oak St., Syracuse is charged with disorderly conduct. Woods is accused of pushing Darien Lake security guards and using vulgar language while attempting to break free of the guards following an altercation at the park on July 4 at 8:11 p.m.

A 16-year-old from Rochester was issued a ticket by Sheriff's deputies in the Town of Batavia for unlawful possession of marijuana.  The youth was walking on a road in Batavia when he was allegedly found to be in possession of marijuana.

Lt. Eugene Jankowski, of the Batavia Police Department, participated in the 250th Anniversary re-enactment of the Siege of Fort Niagara and sent along these pictures. Jankowski is pictured above on the far right.

The Town of Batavia Fire Department is being dispatched to a reported fire the area of South Main Street Road and Wortendyke Road.

Dispatchers are recommending special equipment because the fire is reportedly deep in the woods in a logging area.

UPDATE:  So, I drove out to South Main Street Road and Wortendyke Road. Nothing to see here.  The fire is reportedly pretty deep in the woods. There's no command center or other fire equipment on the public road, nor is the fire visible, nor is there an odor of fire from the road. Moving on.

UPDATE 2:06 p.m.: I found the general location of the fire.  It was a long way off from Wortendyke. I spoke with two Town of Batavia firefighters. A logging skinner skidder, a piece of heavy equipment for hauling logs, caught on fire. The machine is a total loss, they said.  Crews are currently making sure the fire is out.

View Larger Map

BATAVIA, N.Y. -- Michael J. Wells, the third suspect in the June 18 robbery of the M&T Bank in Elba, entered a not guilty plea at his arraignment this morning.

Wells is being represented by Thomas Burns. Burns made no application for bail this morning, so Wells continues being held in Genesee County Jail without bail.

Because there was no bail hearing, none of Wells statements or his background were discussed in court.

Last week both Damone Dillon and Dennis Abrams pleaded not guilty and Judge Robert Noonan assigned each $250,000 bail and $500 bond.

UPDATE: I just spoke with Thomas Burns, who is representing Wells, and he said he is communicating with District Attorney Lawrence Friedman on the eventual disposition of the case. Burns said he agreed not to make a bail application as part of that process. "We felt compelled to honor the request as a sign of good faith in negotiations," Burns said.

Previously:

• Elba robbery defendant reportedly sterling citizen prior to alleged crime
• 'I messed up,' Elba robbery suspect texted wife while hiding from police
• Elba robbery suspects identified, arraigned and held without bail
• Alleged Elba bank robbers indicted by grand jury
• Elba robbery suspects identified, arraigned and held without bail
• Manhunt in progress near Townline and 63

One person suffered minor injuries in a two-car accident on Route 19 at East Park Street in Pavilion on Saturday when the driver of one car reportedly failed to see another car and pulled out in front of it.

David J. Reschke, 18, of 9741 Transit Road, Stafford, was driving a 1999 Chevy sedan owned by Cynthia Reschke, when he reportedly stopped at a stop sign on westbound East Park Street, and then proceeded onto Route 19.

Reschke was reportedly distracted while admiring a passing Chrysler 300.

Three witnesses reported seeing him pull out in front of the on coming car.

The other car, a 2001 Ford sedan owned by Patricia Malone of Batavia, was driven by Tyler Kilgore, 19, of 9366 Sheppard Drive, Batavia. Kilgore reportedly suffered minor injuries and as transported to UMMC.

Following the accident investigation by Deputy Mazur, Reschke was charged with unlawful possession of alcohol by a person under 21.