batavia

A tree limb has fallen and knocked down a poll and transformer in the area of 4 Jackson Ave., Batavia. There is a report of a potential fire.

At the same time, there was a report of wires are down in the area of 18 Evans St., Batavia, but Ladder 15 responded and reports the street is clear.

Engine 12 has responded to Jackson Avenue and reports "sparks are flying."

UPDATE: Jackson and Kibbe avenues are being blocked. The fire captain on scene has asked that Jackson School prevent kids from coming down Jackson Avenue.

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You could say it's a tale of two cities -- the city that says there are not enough athletic fields for our youths interested in organized sports, and the city that says there's plenty of fields and what's really needed is to preserve the peace and quite of at least one neighborhood.

It's doubtful either side heard the other at tonight's special school board meeting on the proposed North Street Extension athletic fields, but at least the conversation was civil for the more than two hours as board members sat and listened to residents on both sides make their points and ask their questions.

"(The meeting) was pretty much what we expected," said Superintendent Margaret Puzio after the meeting. "We hoped to give people an opportunity to come out and express their opinion, to get the facts, to see what we were planning to do and what our proposal looked like and to comment on it, and that’s what we got."

Some 80 to 100 people showed up for the meeting in the Batavia High School auditorium and it would be hard to say that one side was better represented than the other.

For the most part, you had residents of the North Street area looking to preserve the neighborhood as they know it and on the other you had youth sport coaches and a few concerned parents who don't live in the neighborhood decrying the lack of adequate sports fields in Batavia.

Though there were surprises, such as the high school coach who lives on North Street and opposes the idea of putting new athletic fields in his back yard, and the North Street resident who supports the concept.

"What we’re talking about here is a quality of life issue," said Mike Freeman. "My house is immediately adjacent to this property. I’m one of only 13 residents who look out their back yard into this property. I would gladly see this fixed up and made into a park and into athletic fields so that the people who currently use it do not have to park along people’s driveways and in front of their houses and on their grass."

More typical of the area residents was Jerry Reinhardt, who said with the limited use of the area for athletics now, he's constantly picking up trash and dealing with too much traffic in the neighborhood. He said he tried to purchase the land for development 15 years ago, but his offer was rejected.

“If the school board has listened to me then, they would have gotten more than $1.2 million in taxes so far,”  Reinhardt said.

For the coaches, more than a dozen spoke about an increase in youth sports activity and the need for better facilities.

“I keep hearing of decline, but this season, we had the most kids register for soccer ever," said Jeremy Havens, president of the Genesee Amateur Soccer Association. "We had 483 to be exact. That’s 38 teams playing at five different place in Batavia."

Havens said the number of youths participating would be even higher, but "parents can only be in one place at one time." Since kids of different age brackets play on different fields, parents have to choose which child gets to play, or not, or maybe neither child can participate since the parent would have to choose.

One centralized large facility would help, he suggested.

For Lacrosse coach Will Mulcahy, the problem is the only place his team has to practice in early March isn't really suitable for athletic activity at that time of year.

"As many of you know, our school was built on a marsh, basically," said Mulcahy. "In early march, even the area that we’ve been allotted --  I won’t even call a field -- is a swamp. The kids are some times two- or three-inches deep in mud. It’s not a practical place to practice. Then we’re driven into the gym where a little warmer-weather sports -- like tennis and baseball -- are practicing, so we compete for space with them.

"Lacrosse really needs to be outdoors. We need a field that is well drained where we can get on it really in the first of March so we can prepare properly to play the teams that have fields that are adequate."

Before the public comment portion of the meeting, Puzio presented several slides that provided details of the district's proposal, or what she said is really only a concept at this stage.

The facility would include a playground, restrooms with lockers and showers, 152 parking spaces, a concession area, walking paths and it would immediately open up adjacent lots for development, she said. Contrary to a persistent rumor, there are no plans for lighted fields, she said.

She also pointed out that over the past several years, participation in school sports has risen from 40 percent of the eligible students (499) to 55 percent (596). Part of that increase is the addition of more sports, such as Lacrosse in 2005, and Title IV requirements that both boys and girls be afforded the opportunity to play the same sports.

Ward 1 Councilman Bill Cox, who has taken up the mantle of champion for the residents who oppose the athetic fields, spoke first.He presented a petition signed by 180 residents in his ward.

"Your study is badly flawed and illogical," Cox said, citing declining enrollment at a time when the district says it needs more athletic facilties.

Council members Rose Mary Christian and Bob Bialkowski also spoke in opposition to the proposal. Bialkowski said the proposal will likely be a further burden on taxpayers when the property is already a financial drain on the city.

“We’re already paying for this now," Bialkowski said. "This property has been off the tax roles for many years and it’s been costing the taxpayers of this community quite a bit of money. Too many properties not paying taxes -- it’s really starting to strangle the community."

The idea that the property should be sold and developed into taxable housing was raised more than once during the evening, which eventually prompted Board Member Patrick Burk to point out that the district has already tried to sell the property to developers twice. Once when voters rejected the proposed sale in a referendum, and once when all the bids came in much to low to accept any of them.

The point was also made that such a construction project would carry with it a greater tax burden for construction of infrastructure, plus -- just how much demand for new housing is there in Batavia?

During the presentation, Puzio noted that if the project is fully funded by grants, the district need not bring the project before voters for approval, but after the meeting Puzio acknowledged that full-grant funding is unlikely.

"Given the unknown nature of the funding, it’s very likely that we would have to fund it with some public funding," Puzio said. "It’s not out of the realm of possibility that we might ask for a vote."

A CO2 detector has activated in an apartment at Woodstock Gardens, 219 N. Spruce St., Batavia, and a resident is complaining of a headache.

Engine 12 and Mercy EMS have been dispatched.

UPDATE: Engine 12 clear the scene. "It was a smoke detector with a dead battery," is the report.

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Since Councilman Bob Bialkowski has not returned phone calls nor answered our email, I've been waiting for a chance to talk to him in public.

Tonight, he was outside the Batavia High School auditorium waiting for the meeting on the proposed North Street Extension athletic fields.

I asked him first if he knew who leaked the letter? "What letter?" He said.

I clarified and he said, "Our attorney instructed us not to discuss it." I pointed out that the instruction is not to discuss what happened in closed session, not after. I asked three times, "What happened outside of closed session?" and Bob tried moving away from me saying, "Excuse me,"  "Excuse me."

I asked him if he would release Daily News reporter Joanne Beck from any promise of confidentiality, and Bialkowski said, "I'm not going to discuss it."

Audio: "Interview" with Bob Bialkowski (mp3).

Previously:

• Most council members answer straightforward questions about leak of personnel information
  
• Fellow council members say Bialkowski brought in complaint letter, threatened to release it
• Council members say Bialkowski used his own printer to provide copies of complaint

It's pretty unusual in Batavia, according to WBTA's Dan Fischer, for local politicians to buy media time and space for "issue advertising," but such advocacy is common in other media markets.

Fischer, who has a long history in WNY media said, "Public employee labor unions have often used paid ads to pressure elected officials to adopt their position on issues."

Ward 1 Councilman Bill Cox's purchase of air time on WBTA and a first-ever center-column fixed-position daily ad on The Batavian has certainly gotten a lot of people talking.

Some applaud Cox for standing up for his ward, others find it unorthodox and suspect that a small group of "well-heeled" residents are pushing him on the issue.

Cox says he's just doing what he thinks is right for his constituents.

"The people I represent expect me to lead the way when they have a serious problem," Cox said.

While Cox is pushing opposition to a possible athletic field expansion in open space owned by Batavia City Schools, he said that wasn't the impetus for his advocacy ads. He advertized to get people's attention so more would show up at the 7 o'clock meeting tonight when the school district unveils additional details of its North Street Extension plan.

Council President Charlie Mallow:

Whether I would agree or not with the position, I have to applaud the determination. Council people should act as neighborhood organizers and that is exactly what Bill is doing in this case. He is fighting for what he believes is in the best interests of his neighbors and it should be applauded. This isn't an election year for Bill, if he chooses to run again it won't be for two years. So, this is far from a political stunt. This is the person I knew Bill was when I supported him for his run for Council.  

Others haven't been so kind. While we have no on-the-record comments, some people do see his advocacy on this single issue as a little unorthodox.

But for Cox, he said his neighbors and the people of his ward are greatly concerned about an upheaval in their neighborhood, including more traffic, noise, higher taxes, greater parking problems and garbage in the streets.

"They are up in arms and I'm their representative," Cox said. "I'm doing my best to protect their well being."

As for the scuttlebutt that this issue is being driven by "10 well-heeled residents," as I've heard a few times over the past week, Cox said the facts speak for themselves. Tonight he will present a petition signed by more than a 150 local residents living on 10 different blocks who all oppose the new fields. He said the petitions will be made available to any media outlet that wants to verify the authenticity of the signatures.

"If they're well-heeled and so concerned, nobody has donated a dime to help me," Cox said. "The well-heeled are usually people who donate money for their own causes. That hasn't happened here."

After the interview, Cox e-mailed the following additional statement:

A community is not houses on streets. It is the people in them. What effects some of us effects all of us.
 
The school district charges huge amounts of taxes and then historically ignores local issues like this one.
 
They appear immune to serious self examination of if they should do something. They look for free grant money and ignore the costs that occur later and the wishes of the people most of the time.
 
It is difficult to do anything by yourself when the school district does something that you feel is wrong. This effort is about a grass roots movement to stop unnecessary spending that will increase our taxes, lower our property values, and change the very character of a wonderful neighborhood. 

A 16-year-old Batavia boy suffered hurt his arm and shoulder and was transported to UMMC yesterday following an ATV accident on Maple Road in Oakfield.

Arnold M. Cody, of 2879 Batavia-Oakfield Townline Road, was reportedly traveling too fast when his ATV hit a puddle of water, causing the ATV to overturn.

No other vehicles were involved in the 4:30 p.m. accident.

Jeffrey Michael Johnson, 21, of 26 Farnsworth Ave., Oakfield, is charged with harassment. Johnson is accused of slamming his girlfriend to the ground and repeatedly punching her. The alleged incident occurred Sunday at 4 p.m. Johnson was released on his own recognizance with an order of protection for the woman.

Brandon M. Riordan, 23, of Rochester, was charged for unlawful possession of marijuana. Riordan was arrested by State Police while in Batavia at 12:35 a.m. today.

There has been a lot of "bad" information floating around regarding the city school districts desire to develop North St. Extension. Tonight the Board of Education is having a meeting a 7:00 in the HS Auditorium to present the facts to the community. The plan clearly points out that our district is in dire need for more athletic fields. This project will be funded by grants!

A city councilman has been fueling the fire and rallied several people to attend tonight and speak against it. He has gone as far as to take out paid ads on the radio and the Batavian to rally support against this... We are asking for your support to come tonight and speak in favor of the proposed project if you indeed feel that the project is good for our school.

All it would take is to step up to the microphone and state that you are in favor of it. Unfortunately these events bring out all the nay-sayers and not the ones that support it - that's why we need your help! I hope to see you tonight!

All of the police sirens screaming through town were heading to Aldi's after a person reportedly called the Dispatch Center to report a black male had brandished a gun before entering the store.

A Sheriff's Deputy was already in the parking lot, so he was first on scene. He contacted a man inside the store who fit the description of the subject. He had no gun on his belt, only a cell phone.

Police are on scene now sorting out what's going on.  The original caller is apparently no longer in the parking lot.

A washing machine is reportedly smoking at the laundry mat at 4152 W. Main St., Batavia (the Valu Plaza).

City fire has been dispatched.

UPDATE 1:53 p.m.: Engine 12 and Ladder 15 returning to station.

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Sanzo and Sons, a beverage distributor with locations in Olean, Salamanca and Batavia has been approved for $30,000 in tax exemptions by Genesee County Economic Development Center as part of its plans to expand locally.

The company plans to spend more than $250,000, which it will borrow, to add new space to its facility at 11 Apollo Drive for offices and storage. It also plans to put on a new roof and upgrade equipment, including forklifts and delivery trucks.

The space at the facility will be expanded by 1,222 square feet and company officials say the improvements will help make it more efficient.

Vanderhoof Electric Supply is a new company that is purchasing the assets of Falcone Electric. It will be located at 385 W. Main St., Batavia.

Falcone Electric began in 1955 and has been a very stable wholesale electric supply business. The new owner is looking to keep the same trade name and staff.

Vanderhoof plans to invest $50k in computer warehouse management system in a few months and  a $50k upgrade building facade next spring.

The company has been approved for $16,000 in tax incentives.  It is also looking to borrow $100,000 from GCEDC's revolving loan fund. The company's total capital investment will total $400,000.

We received this e-mail from Jeff Lonnen today about somebody stealing his family's Halloween lights:

I am a resident at 3 porter ave in Batavia and me and my wife were out of  town this weekend.  While we were out someone stole our orange Halloween lights off our porch.  Now i know they don't cost much, but its just the point.  You try and make your house look nice for the holidays and people rip you off.  I don't feel its worth contacting the police over $5 worth of lights. But if someone knows anything about it, i would like to know.  And if you are the one that did it just return the lights.

Editor's Note: The following is an open letter that Councilman Bill Cox sent The Batavian this morning. We likely would have published it then, long before he approached us about the paid post we have on the site now, but the bank robbery took up most of our day.  We make the point to note, we would have published this without the paid sponsorship.

Council members,

Tomorrow evening October 6th at 7 PM the Board of Education will be holding an informational meeting in the high school on State Street about their plans to convert the North Street Extn. property they own into athletic fields.

Well over 100 neighbors, school taxpayers, and voters in this area (East Avenue,  Naramore,  Woodcrest, Hillside Drive,, Garden Drive, Carolwood, Harrold Square, Belvedere, North Street, Elm Street, Clinton Street, and other streets have signed petitions strongly opposing this  school development. These petitions will be presented to the school board tomorrow evening.

They are concerned this development will change their peaceful and quiet neighborhood forever. In particular they are concerned with the fact that school enrollment is going down not up which does not justify more fields, it justifies fewer. The fact that their taxes will be going up to provide funding to maintain this area after it is developed; they are concerned that their school taxes will be used to support adult sports events the school board needs to justify the maintenance costs, that have nothing to do with school activities.

They are concerned with loud noise from fans and participants that occurs at all sporting events; their property being walked on invading their privacy, that property values go down not up  when these kinds of facilities are created, refuge will be deposited in yards, on streets, and blow on other properties. Parking and  traffic will clog streets, and a whole lot more.

I ask for you to come to this meeting and show your support for the city residents who this is being forced upon. A large number of the people who signed petitions stated this one topic alone will decide who they vote for on council and the legislature. Some asked me to contact you to ask you to come to this meeting and speak out on their behalf. They want to know where our council people and legislator candidates stand on this development which is vital to the quality of life in their neighborhood.

Bill Cox
Councilman - First Ward

James S. Gibbs, 39, of Batavia, is charged with grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law. Gibbs is accused of collecting full disability related to an on-duty injury while drawing income from plowing driveways and sealing parking lots in Batavia. Gibbs was jailed on $10,000 bail.

Kathleen M. McBride, 44, of 115 State St., lower, is charged with assault and criminal possession of a weapon. McBride is accused of cutting her husband's face during a domestic dispute. Her husband was not seriously injured in the alleged attack. After he was cut, her husband allegedly pushed her onto the bed and held her there, not allowing her to get up. McBride was jailed on $3,000 bail.

Jean Marie Lorenz, 49, of 7907 Allegheny Road, Corfu, is charged with two counts of assault. Lorenze allegedly attacked and cut two people with a knife Saturday night. Lorenz was reportedly drunk at the time. She was jailed on $1,000 bail.

Karen Ann Garcia, 45, of 13535 Miller Road, Albion, is charged with endangering the welfare of a child. Gardia allegedly allowed her daughter to shoplift at Kmart. Garcia also reportedly lied about her daughter's name and age.

Jamie Luis Santiago, of 5057 Hundredmark Road, Elba, is charged with assault. Santiago was taken into custody for an alleged incident July 12. Santiago allegedly punched his wife in the face causing injury on that date.

Sath P. Dhanda, 29, of 219 Washington Ave., Batavia, is charged with disorderly conduct and assault. Dhanda allegedly instigated a fight. At the time of his arrest, Dhanda allegedly made verbal threats to a police officer. Dhanda was arrested at 7:48 p.m. on Friday.

Dylan A.J. Dembrow, 18, of 14 Pearl St., Akron, is charged with unlawful dealing with a child. Dembrow is accused of hosting an underage drinking party at a location on Akron Road in Pembroke on Saturday night.

James M. Wisniewski, 19, of Attica, was charged by State Police with harassment. The charge stems from a Sept. 19 incident in the Village of Alexander. No further retails are available at this time.

Thomas J. Preedom, 21, of Wyoming, is charged by State Police with rape in the second degree and acting in a manor to injure a child. According to the State Police blotter entry, Preedom is accused of raping an underage girl. The alleged incident took place in the City of Batavia on Sept. 25. He was subsequently charged with bail jumping, criminal mischief, escape and harassment. Cash bail was set at $50,000.

Ronald G. Albertson, 51, of Albion, is charged with DWI. Albertson was stopped by State Police in Elba on at 10:03 p.m. Saturday.

A student of Jackson Elementary School died on Saturday.

No details of the death of 6-year-old Marcus Peters have been released yet, but his passing was confirmed by WBTA with the Sheriff's Office this morning.

Superintendent Margaret Puzio said Marcus was in school and apparently healthy on Friday.

Grief counselors will be at the school this morning.

UPDATE: Additional details have been released.

Marcus, who lived with his mother in Batavia, was spending the weekend with his father in Le Roy. He appeared healthy just minutes before he was found unresponsive by his 8-year-old sister. Moments before, he asked his father if he could go outside to play. Attempts to revive him were unsuccessful. Foul play is not suspected and there was no evidence of trauma.

UPDATE: We received the following e-mail from Kristen Wahl.

Hello my name s Kristen Wahl and Iam the step-mom to Marcus's sister Madison! He was a very sweet quite boy! He will be missed very much by alot of people!  His mom is Cynthia Peters and she is very broken up about this whole thing!  Marcus was her first born!!! I am writing this to say that the family will  need all the support possible to get through this horrible tragic thing!  Marcus is leaving behind 2 sisters and 1 brother and his mom and dad and  everyone who loves him! If you would like to support or send condolences the address is 139 Swan Street in Batavia, NY.She needs all of our support!  Thank You!