batavia

City residents and those who work in the city are asked to provide input to the Batavia City Council through a Citizen Survey posted on the city’s website at <www.batavianewyork.com> through Friday, July 30.

The survey of eight questions takes about eight minutes and is designed to gauge how citizens perceive the quality of several city services. The survey also inquires as to whether citizens plan to remain in Batavia in five years, and provides an area for general comments.

The data received from the survey can be broken down by ward, age group and/or gender.

The results will provide the city with information for its strategic planning process for fiscal 2010 – 2011.

“We have spent a significant amount of time gathering data from the hard work done by our citizens in the past,” said City Manager Jason Molino. “It is important that we supplement the information we have with data that outlines how our citizens perceive the job we are doing today.”

The online survey can be accessed by any computer with Internet capability.

To find the survey, an individual will need to go to www.batavianewyork.com and click on the “8 Minutes till Eight” logo for the citizen survey.

This link will take the participant directly to the survey which can be filled out online and submitted by the click of a button upon completion. All residents, and those working in the city, can take the survey, and the survey can be accessed more than once by eligible members of the same household.

“We need citizen input in order to make informed decisions that will impact the future for us all” said City Council President Marianne Clattenburg.

For individuals without computers, the Richmond Memorial Library is encouraging Batavia residents to use its free Internet service to take the survey.

The library offers several computer terminals from which the survey can be taken. The service is free; however individuals must sign up to become a library member first.

Membership is free and simply requires a few minutes to provide some basic information. Summer library hours are: 9 a.m. to 9 p.m. Monday – Thursday; and 9 a.m. to 5 p.m. Friday and Saturday.

GoArt!'s annual 4th of July "Picnic in the Park" got a pretty good turnout this year, with families and people of all ages coming over to enjoy the food, shows and activities.

For those who missed it, here are some photos:

Andrew Richardson, a pastoral intern at Batavia Assembly of God Church, gets "dunked."

Fencing competition sponsored by Batavia's new En Garde Fencing Academy.

Pictured the Fraterrigo Family, who came to play some bluegrass for the folks in Batavia.

Members of the group Diaspora Drumming play some Latin American drumbeats.

A spectator "jigs" to Irish tunes.

ANIMALS IN THE PARK:

Between Picnic in the Park and Mark and Mary Holmes' 4th of July garage sale, spectators had a lot of attractions to choose from on Sunday.

Mark and Mary, who are brother and sister, have a big sale in front of Mary's home on 18 Park Ave. -- right across the street from Centennial Park -- around every major holiday. They donate the proceeds to different area charities; this time, the money went to the Junior Grange in East Pembroke.

Many of the items they sell are recyclable, including these wind chimes made of empty cans:

Mark and Mary may have another sale on Labor Day, depending on what their schedule is like. They are currently in the process of opening up a used bookstore in the Batavia Industrial Center on Harvester Avenue. 

The store will be called "Anything Goes: Books and More," and they hope to have it up and running by the end of the month.

They had some books and movies on sale Sunday, you might say as a sort of "preview":

"Anything Goes" will be something quite different for Batavia. It will be a sort of hybrid bookstore/flea market/antique store/forum for charities, among other things.

In addition to selling used books, VHS tapes, antiques, and other needful items -- most of which will cost $5 or less -- the Holmes' will have a corner of the store dedicated to area charities. A jar will be available for donations, and a different charity will be featured each week.

"This is a way for us to give back to the community," Mary said, pointing out the tremendous amount support she and her brother have received from the people of Genesee County during their sales.

Anyone who would like more information about the store, or would like to volunteer to help set things up, may call Mark at 591-2669 (leave a message).

Judge Robert C. Noonan sentenced three men to prison Tuesday afternoon and gave an inmate in county jail one more time to consider a plea offer or prepare for trial.

Kirby S. Wall, 33, of Rochester, was convicted of criminal sale of a controlled substance. It was his second felony conviction; the first one was in 1995.

"He has been abusing substances and he desperately needs help," attorney David Morabito told the judge, adding that he disputes the People's contention that Wall told probation workers that he didn't have a drug problem.

"He accepts responsibility," Morabito said.

Wall was arrested in April 2009 for selling crack cocaine and illegal possession of marijuana. He had $1,000 worth of crack on him when arrested and had previously sold crack to two undercover agents, according to law enforcement.

But the judge didn't grant his attorney's request to send Wall to "shock camp," wherein those incarcerated also get substance-abuse treatment.

"Maybe this is a way of paying his debt to society and also get the help he desperately needs," Morabito said.

Instead, Noonan sentenced Wall to the maximum allowable, a determinate sentence of three-and-a-half years in the penitentiary, plus five years of post-release supervision. He has to pay $200 restitution. Noonan also issued two orders of protection, barring Wall from contacting two individuals for 11.5 years.

The next case heard was that of Thomas A. Culver Jr., 31, of 13 Wood St., Batavia, who pled guilty to grand larceny, 4th, his second felony offense. He was one of three people arrested for attempting to cash in checks from a closed account at a local bank.

"He desperately needs help," attorney Marabito said. "He wants to participate in a number of programs he's qualified for, so he can also get credit (toward his sentence)."

Morabito filed a motion to have Culver's guilty plea vacated because of the advice given by his previous attorney.

Noonan refused to vacate the plea, citing an insufficient basis on which to do so, and asked Culver if he had anything to say before sentencing.

Culver said the attorney he had, before Morabito took on the case, "pushed" him into taking a one-and-a-half to three-year plea deal, saying failure to do so would result in "excessive time." That attorney, he said, also told him he had to admit guilt in taking the plea and when he tried to discuss his case, the attorney would repeatedly hang up the phone on him.

Noonan listened and then promptly sentenced Culver to an indeterminate sentence of one-and-a-half to three years in state prision, and authorized him to be enrolled in a substance-abuse treatment program. He was ordered to pay a total of $1,897.35, "to be collected in DOCs (the Department of Corrections)," while in prison.

Also sentenced to prison Tuesday, was Malik I. Ayala, 18, of 44 Walnut St., Batavia, who was convicted of burglary, 3rd.

The conviction stemmed from his role in stealing an MP3 player on March 10 from a 15-year-old in the parking lot of MacArthur Park.

On July 2, he was re-arrested on a petit larceny charge, violating his probation.

Regarding the petit larceny charge, Ayala's attorney, Frederick Rarick, told Judge Noonan that Ayala had gone to Corfu "to line up lawns to mow." He was unsuccessful. Then some young women picked him up and they all went to a liquor store. The women went in first, and he went in afterward.

"My client had no involvement in an attempt to steal liquor," Rarick said, adding that Ayala "has major drug issues. To send him to prison would be wrong. This boy needs some help with drugs. He is a young man with many issues."

Regardless, since his burglary conviction, Ayala missed four or five appointments with the probation department, plus a 1 p.m. drug test yesterday. When he did show up for testing, he reportedly attempted to alter the results, prompting a second test in which he was positive for marijuana.

When given a chance to speak, Ayala told the judge in a rambling statement that he was thankful for the judge's patience and consideration, that he loved everybody, that he wanted to do better and had even tried to join the Army. He got emotional and asked the judge for another chance.

But Noonan was exasperated by Rarick's client.

"You've been a very big frustration for me," Noonan told Ayala, noting that he has tried to help him, his family has tried and so has his probation officer. "There is only one person in this room that can help you and that is you.

"You wouldn't last 10 minutes in the military. I have no alternative but to send you to prison. Your probation is revoked. I'm sentencing you to one-and-a-third to four years in state prison. It's not just the drugs. You can't obey rules. You don't show up for appointments. You don't do what you're told to do."

Ayala hung his head and cried. A half dozen family members and friends appeared very sad, and one woman sobbed. He asked if he could tell his family goodbye. No, like the others, he was taken into custody there and then.

Wearing orange jail garb, Brandon C. Dodd, 22, was also in court yesterday. He is charged with burglary, 2nd, for allegedly taking part in a home-invasion robbery March 18. He allegedly forced his way into a home on Vine Street wearing a bandanna over his face. The residents allegedly fought back.

Dodd has at least five arrests for various crimes.

As of Tuesday, he had not responded to the district attorney's offer of a guilty plea to a Class D violent felony as a first-time felony offender, which would permit the possibility of probation.

His attorney told Noonan he needs more time to prepare for trial, which is estimated to take four days. The judge set a new trial date for Nov. 8 and set a court time of 10:15 a.m., Sept. 2, as the last opportunity to accept the plea offer. If found guilty at trial, Dodd would face a mandatory prison term.

Dodd returned to jail.

A 3-year-old with a partially amputated finger is reported at a day care facility located at 4007 Pearl Street Road, just west of the Bethany-City of Batavia Townline Road. Bethany ambulance is called to respond mutual aid to the incident.

UPDATE (3:50 p.m.): An emergency responder reports that the 3-year-old was "slammed into a door" partially amputating a finger.

UPDATE (4:12 p.m.): A medic on scene says the victim is a girl boy whose left middle finger was injured. The young patient is too upset and in pain to give any details to emergency workers. She He is being transported to Strong Memorial Hospital.

UPDATE (5:45 p.m.): Like many of our reports, the particulars of this item came from the scanner. The operator of the day care facility called afterward to say the medic at the scene incorrectly stated that the victim was a girl.

"It's obvious he's a boy," she said.

Furthermore, she took issue with the statement that the child was "slammed into a door," stating that the incident was purely accidental and that a door was inadvertantly shut on the tot's hand, injuring his finger.

Cassandra D. Griffin, 37, of Liverpool, is charged with driving while impaired by alcohol, endangering the welfare of a child, and driving with driver's view obstructed. Griffin was stopped by Deputy Kevin McCarthy at 11:13 p.m., Tuesday, on Route 77 in the Village of Corfu. Griffin allegedly had her three daughters with her, all under 17 years old.

Kyle Roger Esten, 25, of South Main Street, Oakfield, is charged with aggravated harassment, 2nd. Esten is accused of making harassing phone calls to his ex-girlfriend.

Tama Lee Reiss, 46, of Genesee Street, Corfu, is charged with DWI, aggravated DWI, unsafe backing, refusal to take pre-screen test, failure to keep right. Deputy Patrick Reeves responded to a report of an erratic operator on Route 33 in Pembroke at 8:05 p.m., Tuesday. When Reeves reportedly tried stopping Reiss's car, she eventually pulled over and then attempted to back up, causing both lanes of traffic to stop in order to avoid a collision.

Cody A. Bush, 24, of Oak Orchard Road, Batavia, is charged with harassment, 2nd. Bush is accused of pushing and striking another person during an argument at a residence on East Main Street Road, Town of Batavia.

The Town of Batavia Volunteer Fire Department is holding its annual Harley raffle.

Tickets are available at the Fire Hall on Lewiston Road and Stan's Harley Davidson. Only tickets 2,700 will be sold. Tickets are $20 each. The drawing is July 24.

Tickets can also be purchased by mail: Town of Batavia Fire Department, C/O Raffle Chairman, P.O. Box 417, Batavia, 14021-0417.

Pictured with the Harley is Bill Leonart, who was at the Fire Hall today selling tickets.

Michael J. Wilkins, 28, of Nunda, is charged with manufacturing/possession/selling of a prescription controlled substance, criminal possession of a controlled substance 7th and unlawful possession of marijuana. Matthew A. Moir, 19, of Portageville, is charged with unlawful possession of marijuana. Wilkins and Moir were arrested by State Police on Route 20 in Alexander at 11:30 p.m., Friday. No further details were released.

Vamaca Noe Velazquez, 22, of Hundred Mark Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, unregistered motor vehicle, switched license plates and operating without insurance. Velazquez was stopped at 1:02 a.m., Monday, on Hundredmark Road, Elba, by Deputy Patrick Reeves. Velazquez was jailed on $2,500 bail.

Assante Darrell Huggins, 18, of Brunswick Road, Buffalo, is charged with petit larceny. Huggins is accused of stealing $416 while employed at Darien Lake. The alleged thefts occurred between June 6-26.

Matthew R. Norstrand, 25, of Vroom Road, Spencerport, is charged with unlawful possession of marijuana and unlicensed operation. Norstrand was stopped at 8 p.m., Friday, on North Street Road, Le Roy, by Matt Butler. Norstrand was allegedly driving on a suspended license. During the traffic stop, a marijuana pipe was allegedly found in his car. Norstrand was jailed on $500 bail.

Samuel F. Richardson, 45, of 231 Vine St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Richardson was reportedly involved in a minor traffic accident at 4:15 p.m., Monday, at the Wilson Farms store on West Main Street.

Cindy S. Dudek, 51, of Darien, is charged with harassment 2nd. Dudek was arrested by State Police at 9:45 p.m., Saturday. No further details released.

Jayson L. Bryant, 26, of Batavia, is charged with criminal contempt/disobeying a court order. Bryant was arrested in Oakfield at 1:45 p.m., Sunday, by State Police. No further details were released.

Cheryl A. Vagg, 53, of Warsaw, is charged with driving under the influence of drugs, 2nd offense in 10 years. Vagg was arrested at 5:22 p.m., Friday, by State Police on Ledge Road, Alabama. Vagg was jailed on cash bail. No further details were released.

Mercy Flight picked up a patient at the Batavia Downs parking lot around 9 a.m.

According to a witness, a man apparently fainted and fell off a truck at the Farmers' Market.

No further information is available.

Melissa C. Kent, 18, of 131 State St., Batavia, is charged with criminal possession of stolen property, 4th. Kent is accused of being with Kyle Monroe when he made purchases at a local store using an allegedly stolen credit card. Monroe is accused of stealing a credit card from a car on Gateway Drive on June 14.

Juanita Jackson, 53, of 214 Ellicott St., Batavia, is charged with endangering the welfare of a child. While investigating a report of two children fighting, Officer Kevin DeFelice found that a 9-year-old had allegedly been left to care for a 3-year-old. The 3-year-old was reportedly left alone in the house. Jackson was located and arrested.

Annette C. Eleczko, 50, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Eleczko was stopped at 11:20 p.m., Saturday, on Route 77 in Pembroke by Deputy Patrick Reeves.

Lisa Marie Elmore, 45, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Elmore was stopped at 2:37 a.m., Sunday, on Route 33, Batavia, by Deputy Patrick Reeves.

Jamie Lynn Haseley, 25, of 30th Street, Niagara Falls, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Haseley was stopped at 11:06 p.m. on Harlow Road, Darien, by Deputy Kevin McCarthy.

Cheryl Adele Vagg, 53, of Warsaw, is charged with promoting prison contraband and unlawful possession of marijuana. Vagg was arrested at 3 a.m., Sunday. She was allegedly found to have marijuana in her purse while in Genesee County Jail.

Abram W. Harrison, 21, of Pratt Road, Batavia, is charged with driving while impaired by drugs. Harrison was stopped at 9:57 p.m., Friday, in the Walmart parking lot by Deputy Chad Minuto.

Jarrett Tyler Pietrowski, 21, of Broadway Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, improper right turn, failure to keep right. Pietrowski was stopped at 1:40 a.m., Saturday, on Route 20 in Darien by Deputy Patrick Reeves.

Tashara Moore, 28, of Andrews Avenue, Cheektowaga, is charged with petit larceny.  Moore and James Alfred Hicks, 40, of Andrews Avenue, Cheektowaga, were detained by loss prevention officers at Kmart, where they were accused of trying to steal more than $450 in merchandise.

Adam James Robertson, 23, of Pennels Drive, Rochester, is charged with assault, 3rd. Robertson is accused of breaking the arm of another person while attending the Dave Matthews concert at Darien Lake on June 2.

Justin Mathew Forrester, 29, of Evergreen Circle, Fairport, was arrested in Monroe County on a family court warrant and turned over to the Genesee County Sheriff's Office.

Robert J. VanPelt, 33, of Council House Road, Alabama, is charged with vehicular assault, 1st, DWI and driving with a BAC of .18 or greater. VanPelt's arrest stems from an investigation into a motor vehicle accident May 2 at 7605 Sandhill Road.

A gas line is broken at the gas station at 16 Clinton St., Batavia.

Fuel is spilling.

City Fire is responding.

UPDATE 7:44 p.m: There's about 30 gallons of gas on the ground. The line has been shut off.

The Batavia Muckdogs provided the second of two July 4th Weekend fireworks shows after tonight's game.

Note: There is no home game July 4, so don't expect fireworks.

More pictures after the jump:

It was a beautiful day in Batavia, a beautiful day for the city's music and art lovers to come together for an afternoon and evening of music, art and games.

More photos after the jump:

Digital signs are nothing new for area schools -- but Robert Morris Elementary, at 80 Union St. in Batavia, is the first school in the Genesee Valley to have a solar-powered digital sign, which was unveiled last month.

The new 3x8 sign, which shares important information with the school community, is fully powered by the sun's energy, collected and converted into electricity by solar panels on the school's roof.

This environmentally friendly and money-saving technology allows the sign to store energy and stay powered up even at night and in overcast weather. 

The sign is part of Robert Morris' "Going Green" project, which is being coordinated by the all-volunteer parent group FORM (Friends of Robert Morris).

The "green" project, in turn, is part of the school's committment to educating students and keeping them informed about renewable energy and environmentally responsible technology.

As the current school year drew to a close, Principal Diane Bonarigo went to each of the classrooms and explained the new solar sign to students -- including how it would turn the sun's energy into electricity, etc.

"Our students are very excited about learning how solar energy is powering this sign," Bonarigo said in a news release. "(It) will engage (them) for years to come."

FORM co-chair Roseann Quinn said that they would like to focus more intensely on "green" education in September. She mentioned the possibility of having professionals come in and speak to the kids about different renewable energy technologies, as well as basic education in the classrooms.

"Now with the solar sign, the kids have something they can see and touch (to go along with lessons)," Quinn said.

Quinn also said that FORM and Bonarigo would like to put the students in charge of the sign when the next school year starts. Right now, Bonarigo controls what words appear on the sign from her laptop computer; in September, they hope to give the kids more input into the way words appear and change.

At Robert Morris, going green also involves lots of landscape planting on school grounds. Here are some pictures of new trees and bushes that have been put in already: 

FORM chair Lorie Reinhart came up with the idea for this project early in the 2008-2009 school year after looking online and reading about an education grant offered by Lowe's.

"We wanted to do something different," Quinn said. "We wanted to actually try to do something that a lot of schools talk about but never get around to doing."

Reinhart and Quinn wrote the grant proposal along with co-secretary Michelle Turnbull. In response to FORM's request, Lowe's granted the school $5,000 for the solar sign.

The project also received funding from the New York State Power Authority -- which was unprecedented, since NYSPA does not, as a rule, give money to schools. But the NYSPA president was so intrigued by the idea that he contributed $5,000 to the project.

Seven or eight local businesses also donated money to the purchase of the sign. Quinn said that the total cost came to about $18,000.

In addition to being a valuable educational venture, Quinn sees the construction of the sign as a grassroots effort to promote renewable energy, which she calls "the way of the future."

FORM wanted to make this as locally focused an effort as possible. The sign was produced by LeRoy-based Unitech Applications, in collaboration with XPress Signs and Agile Displays.

If you would like more information on the solar-powered digital sign or the "Going Green" project, see the FORM webpage for contact information.

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

An airplane engine is reportedly on fire at the Genesee County Airport.

The plane is on the ground.

Town of Batavia Fire is responding.

It's on the east runway.

UPDATE 9:47 p.m.: Engine 24 to proceed emergency, all other Town of Batavia units, non-emergency. Mercy EMS requested to the scene for victim with burn to his hands.

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