batavia

Trucks weighing more than five tons are supposed to drive down Law Street, but according to City Councilman Frank Ferrando, over the past eight years complaints from Law Street residents have continued, and he's skeptical that enough is being done to correct the situation.

It's time to get tough, he said at the end of last night's council meeting.

"If there are police there and there is an overweight vehicle, my feeling is, that overweight vehicle ought to be ticketed. Period," Ferrando said. "It ought to be ticketed and ticketed until word gets around that you better stay off the street or you’re going to get a ticket."

According to Chief of Police Randy Baker, however, that's the job his department has been doing.

"There have been numerous special details and zone cars assigned to the area," Baker said in an email this morning. "Several tickets have been issued."

Is consolidation a dead issue?

City Council President Charlie Mallow thinks so.

He thinks so after, for a second time, the council tabled "indefiniately" a resolution to hold a public hearing on a proposed joint charter review commission.

“It’s a political maneuver to kill something permanently without actually going on the record and voting against it," Mallow said after the meeting. "We’ve had things in the past, you know, we’ve had all this controversy about that slumlord act that was tabled indefinitely. It’s killed. It means you voted against it but you don’t want the public to recognize it. That’s what happened here tonight.”

The resolution, while moving forward the idea of consolidation of the city and town of Batavia, would hardly have committed either community to joining forces in a single municipal body. It would have simply allowed a joint committee to come up with a plan of what a consolidated Batavia might look like as a legal entity.

It was clear from the motion of of Councilwoman Rose Mary Christian that at least some of the council members who voted to table the motion did so as a maneuver to block further consolidation talk.

"I have a problem with it simply because once it takes effect, there’s no turning back," Christian said. "The fact is that consolidation is good, but, I don’t see why we can’t have shared services. We can share facilities. We can share equipment. Why do we need consolidation?"

Councilwoman Kathy Briggs said after the meeting, however, that most of the council was focused on language in the resolution that would have had the city council president sitting on the committee, and many council members think that job should go to the new council president, whomever that might be, once Mallow is out of office and a new council is seated among a group of people who would appoint committee members. They want the new council president, whomever that might be, be part of that process.

City Manager Jason Molino told the council that Town of Batavia officials are interested in revising the resolution anyway to clarify some of the language and add a little more substance.

"They want to add more specifics on the parameters of what committee with do," Molino said.

Councilman Frank Ferrando didn't sound hopeful that consolidation would move forward.

“I hope that there’s support, because that’s an important move that this community has to make," Ferrando said. "Right now, it’s hard to read."

It was Ferrando who requested the resolution be placed back on the council agenda after it was tabled two business meetings ago.

"When you table something, you don’t table it into perpetuity. It has to come back again," Ferrando said. "I haven’t heard a good reason yet as to why we’re not moving forward."

Ferrando indicated that he'll take the next opportunity -- the next conference meeting -- to get the issue before the council again.

Councilman Bob Bialkowski raised the first procedural question after Ferrando finished speaking. He seemed to think that tabling it previously killed it. City Attorney George Van Nest said there was no procedural reason -- nothing in Roberts Rules of Order or prior council practice -- to prevent the council from taking action on the resolution.

Councilman Bill Cox also raised procedural objections.

Mallow was having none of it and accused his fellow council members of being cowards for not taking a yes or no vote on the resolution.  He said killing consolidation without a vote was a waste of state taxpayers money (a state grant paid for the consolidation study) and that council members owed it to citizens to give them at least a chance to discuss the idea.

"If you don’t want this, vote against it," Mallow said. "Vote against it. We owe that at least to the members of the public, but you don’t even want to give the members of the public and the people in this city the right to even talk about this issue?  That’s stealing the state’s money. That’s stealing taxpayers money. Let them talk about it. Let them come up with a proposal.

"Fear of change," Mallow added. "We all have little seats here on council. Maybe they don’t like us. Maybe they don’t like the idea that we have a city council. Maybe they’ll change it. Maybe they’ll give us a mayor. Who knows what they’ll do? That's the fear. That’s the fear of the unknown."

Christian's motion to table, passed 6-3, with only Mallow, Ferrando and Councilwoman Marianne Clattenburg voting to keep the issue alive.

Barbara Hale, executive director of the YWCA, receives a City Council Resolution from Councilwoman Marianne Clattenburg. Hale and the YWCA were honored for the Y's work on behalf of victims of domestic violence. The Y's program has been in place for 15 years and is the only local provider of domestic violence services such as counseling and advocacy.

Well, I guess we could all see this coming, and within the past couple of months it seemed pretty inevitable as work crews stripped the building of pretty much all equipment and furniture, but the former Mother's Chicken-N-Fish location is for sale.

It's too bad. At one time, it was a great place to eat.

A bicyclist has reportedly been injured -- no word on how seriously -- after being struck by a car at Summit and North streets.

Mercy EMS and Batavia PD are in route.

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There's no executive session scheduled for tonight's City Council meeting.

That's not usually noteworthy, except the last time the council met, several members were upset. A citizen complaint about City Manager Jason Molino, including a copy of the letter and the citizen's name, had been leaked to the Daily News.

The leaker has not yet been identified, and some council members have expressed a reluctance to meet in closed session so long as one of their own appears to be untrustworthy.

So, we emailed City Council President Charlie Mallow, who previously vowed "no closed sessions during the remainder of his term" and asked him where he stood on closed sessions now, and the status of the complaint issue.

Here's his response:

I will deal privately with the letter, the review and the citizen complaint. The issue will be closed out by the end of the week. I will not be issuing a press release or discussing this issue further.
 
As I have stated before, a majority of Council is unwilling to speak about these issues in a group setting. Individual Council people have the right to speak to the city manager at any time and I have asked them to do so privately about any matter they wish. If we have need for an executive session about another issue, it will be scheduled. If there are updates in the future of a sensitive nature, that can be done one-on-one. There are no votes that take place in executive session; all decisions are made in public.

Here's what's on the council agenda tonight at 7 o'clock in City Hall:

• A resolution to schedule a public hearing on forming a joint charter commission with the Town of Batavia as a prerequisite to consolidation.
• A resolution to declare three DPW vehicles as surplus.
• A resolution to accept a $20,000 grant appropriated by Sen. Mike Ranzenhofer.
• A resolution to schedule public hearings on CDBG (Community Development Block Grants).

Manuel Zuniga Perez, 28, of 10248 Brookville Road, Alexander, is charged with DWI, unlicensed operation of a vehicle, and two counts of endangering the welfare of a child. Perez was stopped in the City of Batavia by Officer Chris Camp after a domestic dispute was reported at his home in Alexander. Perez reportedly had two children in the car with him at the time he was stopped. He was jailed on $2,000 bail.

Brian M. Raphael, 21, of 4 Noonan Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a weapon. Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia. Upon his arrest, Raphael was allegedly found in possession of a collapsible billy club.

Michael D. Snyder, 37, of 679 E. Main St., Apt. 4a, is accused of criminal contempt and harassment. Snyder allegedly violated the terms of an order of protection by shoving his girlfriend. He was jailed without bail.

Timothy P. Tucker, 35, of 12 Ellicott St., is charged with DWI, refusal to take breath test, failure to stop for a stop sign, speed not reasonable and prudent, improper turn and leaving the scene of an injury accident. On Sunday at 1:48 a.m., Tucker allegedly ran a stop sign from northbound Union Street at Oak Street. His vehicle reportedly continued through the intersection until it hit a tree. Officer Dan Coffey reports that Tucker allegedly fled the scene on foot. His female passenger suffered minor injuries in the accident. Tucker was found a short time later at his residence, according to Officer Coffey.

James Frank Webb, 27, of 10215 Colby Road, Darien, is charged with criminal contempt and harassment. Webb is accused of violating an order of protection that barred him from contacting a particular person. He allegedly called that person on the phone.

Shaundalee M. Hill, 20, of 81 Lyncourt Park, Greece, is charged with DWI and driving with a BAC of .08 or greater. Hill was arrested by Deputy Tim Wescott after Hill was reportedly involved in a one-car accident Fisher Road in Oakfield at 6:46 p.m. on Friday. Hill was also charged with unlicensed operation of a vehicle and having an open container.

Adam M. Ganzhorn, 25, of Town of Batavia, is charged with obstruction of governmental administration and filing a false report of an incident. He was arrested at 4346 Batavia-Elba Townline Road by State Police and jailed on $2,000 bail. No further details available.

Christopher A. Saddler, 25, of Albion, is charged with petit larceny. Saddler was arrested in the Town of Batavia by State Police. No further details available.

Michelle and her children

Psalm 19-21 NIV

But you, O LORD, be not far off;
       O my Strength, come quickly to help me.

20 Deliver my life from the sword,
       my precious life from the power of the dogs.

21 Rescue me from the mouth of the lions;
       save  me from the horns of the wild oxen

Meet Precious; yes this young pup’s name is Precious. Precious was with us this past Saturday at Central Avenue for Saturday morning grocery distribution and prayer time.

All our lives our precious, whether we believe it or not. I for one am continuing to learn how precious my life is. More importantly, I have come to learn how precious Jesus sees me as.  As the Care-A-Van team and volunteers shared of God’s love on Saturday, we saw and heard of many hurts and pains. We heard the cries of many wondering where they were going to get their strength from and who in the world could save them from all they were going through.

Terrible things had happened to them, many are caught up in bondages of life with different addictions, hurting wounds of past abuse and much more. Care-A-Van continues to go forth each Saturday to bring the good news of our saving Jesus. He can deliver their “life from the power of the dogs”.

Our hearts were touched late in the morning as a grandmother of 10 arrived. As she looked through the clothing donations, she shared of her concerns for her grandchildren. She was especially concerned for one grandson who is 13 years old. She asked for prayer. The volunteers all gathered around her and Elder Ron prayed for her grandchildren.

The Lord fed 34 precious families with 73 precious family members.

Last Thursday when the bus was out on in the city, we had a young father with 3 children come on in need of food and prayer.

He will rescue them from oppression and violence, for precious is their blood in his sight. (Psalm 72:14)

Yes, Jesus uses you and Care-A-Van Ministries to help rescue the precious lives here in the city of Batavia. We cannot save them, but Jesus can. However, we can go forth and share that God cares and they are precious in his sight.

A special thanks to Sacred Heart for the donation of food they dropped off at the bus Saturday morning. Thank you to all of you for your continued support of prayer, finances and sharing of your time to make a difference in these precious lives.

 On Thursday evening the bus will be out for the mobile movie and coffee night.

On Saturday, October 17th we will be at 193 South Main Street Apartment complex for grocery distribution, 10:30-Noon.

 ( Well, some of us will be, this PR director will be busy moving to her new apartment that God has blessed her with, oh and inside scoop .. Bridget is an awesome interior designer as well!  She was busy tonight rearranging some things at my new home)

On Monday, October 19th we have been invited to be down town Batavia at Mane Attraction for Ladies Night Out!

You are all awesome! I also just want to say thank you for your words of encouragement when you see us out and about! Bright!

Have a Blessed Week and Keep that Light Burnin

Most new retail businesses never last past the first year. The owners either run out of cash, mismanage their inventory or pick a poor location. For Kamilla Kabel, though, she had more than a dream. She had a plan and did her research.

House of K celebrated its fifth anniversary on Saturday, and Kabel was all smiles.

"I feel it is an accomplishment," Kabel said. "I set out for a goal. My business plan said for five years of survival and I’ve done it, and (there's) even been a (widespread) financial crisis at the same time."

House of K features designer European fashion for women, and Kabel, a native of Denmark, said her stylish clothing appeals to women of Genesee County as well as drawing customers from Rochester and Buffalo.

"We bring in unique items you can't get any place else," Kabel said.

Kabel moved to the U.S. in 1999 to be closer to Batavian Ben Kabel, whom she met in Copenhagen while he was studying architecture there. They were married in 2000. The Kabels now have two children.

After obtaining a two-year degree in interior design from Monroe Community College and working as an assistant manager at Pier 1 Imports in Amherst, Kamilla wanted to do something that would give her more freedom to visit her parents in Denmark. She told the Daily News in 2004 that she always wanted to own her own business.

Retail was a good choice. The always-effusive Kabel says she loves people and the only bad times she has in the store is when there are no customers to talk with and help find the perfect dress for an afternoon wedding or pick just the right accessory for a designer blouse.

"The high point (of owning the store) has definitely been the customers," Kabel said. "We’ve become friends and I know their lives and they know me."

In a business environment where many naysayers might try to talk people out of starting their own stores, Kabel's advice is simple: "Go for it."

"You have to give it a try or you will always wonder," Kabel said. "You don’t know what lies ahead. You can try and prepare for everything, but you never know, so you’ve just got to go with the flow and change things along the way."

Next Level Fitness, the new fitness center Ken Mistler has been constructing at the corner of E. Main and Jackson streets, will open Tuesday, Dec. 1, Mistler said in a message on Facebook.

Doors will open for the first time at 8 a.m. on that day.

Memberships will be $19.95 per month with a $14.95 annual fee on a one-year contract.

Child care will be available for $2 for an hour-and-a-half (there will be some restrictions).

Fitness classes will also be available at an additional cost, though Mistler said the cost will be minimal.

There will be a separate workout floor for women.

The facility is completely remodeled inside using quality material. Members will be able to enjoy locker rooms with showers, as well as steam rooms.

A young Elba/Byron-Bergen team had some lessons to learn tonight, homecoming night, according to Head Coach Michael Cintorino, so he kept his players on the field, fighting until the final second.

Cintorino didn't want the referees to let the clock run down at the change of possession with more than a minute left in the game and the 28-0 score favoring a bigger, more experienced Notre Dame squad.

"What we’re trying to do is get them that experience and really understand what a tough team like Notre Dame, what it takes to get them where they are," Cintorino said. "We want them to understand that they have a little work to do in the coming years to match a team like Notre Dame."

There was a lot of fight in the Lancer's tonight, but critical mistakes and an inability to string together enough consecutive good plays on the offensive side to sustain a drive had Elba/BB fighting uphill through all four quarters.

Trouble started on Elba's first drive when it was stopped short by an interception. On the next play, Mike Pratt had a clear 17-yard path to the end zone. A missed PAT put the score at 6-0.

On its next possession, the Lancers failed to move the ball and a high snap on a fourth-down punt turned into a two-point safety when the punter kicked the ball out of the back of the end zone. That made the score 8-0.

Pratt scored later in the first quarter on a four-yard run, and with another missed PAT, the Irish were up 14-0.

The Irish would score again in the second quarter on a 11-yard run by Mike Aina, and again in the third quarter on a three-yard rush by Pratt, making he score 28-0.

As the game wore on and the Irish showed more preference for the clock-devouring run game, Elba's defense displayed some grit in forcing more than one three-and-outs in the second half.

"(The defense was) very impressive," Cintorino "If you look at what ND has been doing this year, they’re a power running team and they throw quick passes. When they run, both Beau Richter and Mike Pratt are very hard runners. Their offensive line is big and strong and they get a great push and we were able to stand up to them."

Cintorino said he also came away from the game hopeful about his young team's offense, which features a promising junior quarterback in Eric Kowalik and an athletic junior receivers, Tess Schramm and Joe Burr.

"We have some young guys out there and they’re very close to making these big plays," Cintorino said. "We work on it the rest of this season, we work on it during the off season and we come back next a little bit more veteran and we get the job done."

Notre Dame (5-1) Head Coach Rick Mancuso said he's also seen the weekly improvement in Elba, which came into the game with a 2-3 record, and said his team didn't take the Lancers lightly.

"Week in and week out, every team is a test, and they’re very well coached," Mancuso said. "They’ve got a great group of guys in that coaching staff and they’ve got a really nice team. We’ve watched them -- this is the sixth week, we’ve got a lot of film on them, we’ve seen a ton of progress week-to-week. We didn’t come out here and expect to have an easy time, that’s for sure."

Mancuso said he was particularly proud of his offensive line in helping to establish the run game early

"Our linemen did a great job, I thought," Mancuso said. "We’re starting to come around. Those younger kids that started out the season for us, they’re not young kids any more. Everybody is pretty much seniors and four-year players now."

Notre Dame heads into sectionals with a 5-1 record, same as Holley (5-1) and Attica (5-1), who played a nail-biter of a game today, reaching the final nine seconds of game time in a 0-0 tie. Attica pulled it out on a 35-yard field goal by Zack Fleiss, ruining Holley's bid for an undefeated season and giving the three top teams a share of the Genesee Region league title.

Mancuso said he feels good about his team heading into sectional play.

"Our loss last week (to Holley) was very difficult to take," Mancuso said. "I was really interested to see how the kids would challenge themselves this week and get back in the saddle and I thought they did a nice job doing that."

Some of tonigh's stats:

For ND, Pratt had 111 yards on 19 carries.

For Elba/BB, Pete Pryzbl had 9 carries for 52 yards. Schramm, two catches for 37 yards. Joe Burr had two catches for 18 yards. Kowalik completed five passes in 21 attempts for 58 yards. On Defense, Burr had seven tackles and six assists. Brandon Shuknecht had five tackles and a fumble recovery. Tom Fowler had six tackles and three assists.

NOTE: My video camera is broken. I can't get the video out of it that I shot last night (well, I captured some, but only through the first quarter, so it's unlikely I'll be able to post video of this game. I'll have to see if I can get it repaired this week).

Emergency crews on are scene of a two-car, roll over accident at Ellicott and Jackson in Batavia. No word on injuries at this time.

UPDATE: There were actually three vehicles involved in the accident. The overturned Toyota was reportedly driven by Janet Douglas, 47, of Wyoming. The other vehiclesere a 2003 Jeep driven by E.A. Geandreau, 16, of Highland Park, and a 2002 Chevy pick up driven by Charles Baxter, 64, of Akron. 

Matthew Kyle Johnson, 21, of 2509 E. Main Road, Pembroke, is charged with petit larceny. Johnson is accused of stealing a mobile phone while employed at Darien Lake Theme Park.

Kenneth R. MacGreagor, 23, of Cheektowaga, is charged with false personation and having no motor vehicle license. MacGreagor was stopped at 1:30 p.m. Thursday by State Police on Stephen Hawley Drive in the Town of Batavia.

Yesterday’s poll showed that most people approve of the School’s plan to fix up their fields at North Street Extension.  A similar poll conducted less than a month ago seemed to indicate that the majority did not favor the improvement plan.  As I considered the drastic change in public opinion regarding the use of those fields, I couldn’t help but wonder what was different now compared to a few weeks ago.  Could it be that the information previously provided by City Council members (Bill Cox and Rose Mary Christian) failed to reflect the facts as presented on 10/6/09 by the School Board?

Many people have expressed the desire for a developer to build more houses in the City in order to increase the tax base and help relieve the burden on the rest of us.  That, of course, would require additional home owners to come to Batavia.  Right now, developers have the opportunity to extend streets in the First Ward such as Carolwood, Garden, Harold Square and North Street yet they have not.  One reason may be the high cost of the infrastructure which makes a new building lot so expensive.  Of course, basic economics tells us that when the customer wants the product bad enough, he will pay more.  The prospective homeowner would have to want to come to Batavia.

So you have to ask yourself, what’s wrong with Batavia?  It’s a 30 minute commute to most of Rochester and some of Buffalo.  Crime is low, the schools are good, shopping is plentiful, restaurants are nice and Main Street actually looks good.  We have programs for adults and kids interested in sports and theater.  Could it be a lack of parks for our kids?  Hmmmm. 

The City published a report several years ago that said there were not enough parks in Batavia.  Since then, Dewitt Park was developed in the Sixth Ward and it serves the community well as a partial remedy to the shortage.  The First Ward lacks a City park but does have John Kennedy School on the Western border.  The Eastern side of the Ward is ripe for development but lacks a park.  I have heard that the City’s master plan calls for a park on the Eastern side of the First Ward to serve residents in the area.

If we ever expect to attract homeowners to Batavia, we need to provide the services they want.  We should follow the City’s existing plan and extend the streets (North and Garden), create the park (that the School District has planned) and enable our current developers to more affordably build those new houses that will increase our tax base.

I submit that one of the few things wrong with Batavia is a hesitancy to look forward and make decisions that will grow the community.

In a year in which New York has seen growth in lottery revenue, Batavia Downs is among the most successful video gaming facilities in the state, reports the Ithica Journal:

The largest was a 10 percent revenue increase at Batavia Downs Race Track, which is owned by Western Regional Off-Track Betting. Western OTB was criticized when it bought the track in the late 1990s, but the success of the terminals has offset losses on the racing side, allowing Western OTB in recent years to return profits to the counties it serves.

Western OTB has had about $250,000 in losses at its betting branches this year, but has had a profit of about $1.5 million at the video-lottery facility, which has 605 machines, officials said.

Overall in New York, video lottery terminal sales grew 3.3 percent in the first half of the fiscal year. Mega Millions sales were up 37 percent.

The trend across most of the rest of the nation for state-run lotteries has been downward.