batavia

A two-car accident is reported at Vine Street and Evergreen Drive. No injuries. City fire on scene. Mercy medics arrived, then cleared the scene.

UPDATE 12:03 p.m.: The driver of one of the vehicle is complaining of chest pains after leaving the accident scene. Mercy medics are en route to a location on Ross Street to assist him.

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Gerald Jacob Farrell, 21, of Southeast 170th Street, Weirsdale, Fla., was arrested on a warrant stemming from a third-degree criminal mischief charge. Farrell turned himself in, was arraigned in City Court and jailed without bail.

Erica M. Raphael, 30, of Oak Orchard Road, Batavia, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Raphael turned herself in and was released on her own recognizance.

Alex Patrick Brasky, 24, of Clifton Avenue, Batavia, is charged with unlawful possession of marijuana and speeding. Brasky was stopped at 5:01 p.m. Wednesday on Route 33, Stafford, by Deputy Chad Minuto and allegedly found in possession of marijuana and a glass smoking pipe with marijuana residue.

Press release:

No one has yet claimed a wedding ring found amid money collected during the City of Batavia Fire Department fill the boot drive August 14, 2009 benefiting Muscular Dystrophy Association.

The ring, inscribed to "Robin," can be claimed by calling City fire headquarters at (585) 345-6375 or contacting Adam Palumbo at apalumbo@batavianewyork.com.

Taken this evening at the Tonawanda spillway behind the County Courthouse.

There are four people who applied for the opening on the City Court bench and all four will be interviewed by the City Council tonight Monday, according to Council President Brooks Hawley.

The council will meet in executive session for the series of interviews.

Hawley said these four are the only candidates and no other city business will be conducted at that meeting.

The names of the candidates have not been released.

The city is looking for a candidate to assume the opening in City Court following the retirement from the job of Michael Del Plato.

Del Plato will concentrate his time on his private law practice.

CORRECTION: We originally said the meeting is tonight. It's Monday.

Amy E. D'Amico, 25, of Osterhout Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident and following too closely. D'Amico was arrested by Officer Matthew Wojtaszczyk following a report of an accident on East Main Street, Batavia, at 11:05 p.m. on March 5.

Emily J. Smart, 32, of Akron, is charged with petit larceny. Smart is accused of stealing merchandise valued at $93 from Walmart.

Norman S. Malkimos-Gonzalez, 28, of Liberty Street, Batavia, is charged with harassment, 2nd. Malkimos-Gonzalez is accused of shoving a person during an argument. He was jailed on $750 bail.

Tiffany A. Reed, 20, of South Main Street, Batavia, is charged with unlawful possession of marijuana. Reed was arrested by Batavia PD after she was allegedly found in possession of marijuana during a home visit by probation officers.

Ronald J. Murray Jr., 20, of Wood Street, Batavia, was arrested on a warrant. Murray was arrested by State Police and turned over to Batavia PD. He was jailed on $1,000 bail.

Ronald Allan Roberson, 61, of Norwood Lane, Orchard Park, is charged with possession of more than 400 untaxed cigarettes and speeding. Roberson was stopped at 10:40 a.m. Monday on Route 77 by Deputy Patrick Reeves.

Press release:

The Crossroads House has received a $2,500 donation from Genesee County’s Harkins Dairy Farm and America’s Farmers Grow Communities, sponsored by the Monsanto Fund. The donation will help the organization cover operational costs.

The mission of the house is to make the final days of their residents as comfortable, respectful and dignified as possible. Crossroads House is a two-bed comfort care home that provides 24-hour care to residents in the county who have been diagnosed with a terminal illness and who have three months or less to live.

“Our organizational motto is ‘a gift to the community made possible by the community,’ ” said Director Jeff Allen. “Family farms such as the Harkins Dairy are integral community partners. When the community gives, it allows us to give back through our services.”

For five years, America’s Farmers Grow Communities has collaborated with farmers to donate more than $16.5 million to more than 7,300 community organizations across rural America. This year winning farmers will direct another $3.3 million to nonprofits to help fight rural hunger, purchase life-saving fire and EMS equipment, support ag youth leadership programs, buy much needed classroom resources, and so much more.

America’s Farmers Grow Communities is part of the America’s Farmers initiative. Since 2010, the America’s Farmers campaign and programs have advocated on behalf of farmers and their efforts to meet society’s needs through agriculture. Today, consumers are more interested than ever in agriculture and how food is grown. Consider joining the conversation and helping to raise awareness about agriculture. Learn more at FoodDialogues.com.

A sister program in the America’s Farmers effort, Grow Rural Education, is currently in its farmer nomination phase. Farmers interested in supporting math and science education in their communities should visit www.GrowRuralEducation.com from now through April 1 to learn how.

Photo: Jenny Harkins (winning farmer), Nate Holt (Monsanto Rep), Jeff Allen (Crossroads House, executive director) and Helen Whaley (Crossroads House volunteer).

Press release:

The Batavia Ramparts have placed all three of their Tier III Travel hockey teams in the New York State Championship ship tournament being held March 13th-15th in Amherst. This is a historical event for the 36-year-old organization.

Batavia’s PeeWee (12U), Bantam (14U) and Midget (16U) teams have all qualified as the first seeds for this event. PeeWee coach Jeff Bower, Bantam coach Mike Reich, and Midget coach Marc Staley have worked their teams hard this season and given their teams the tools they needed to succeed.

The Midget and Bantam teams finished their seasons in first place in League play with records of 12-1-1 for Midget, and Bantam 19-1-1. Although the PeeWee’s finished 3rd in League play with a record of 11-4-1 they qualified first for the state tournament by losing only one of their qualifying games.

The Ramparts Hockey organization has only two state titles since its inception, and has never placed three teams in the tournament, let alone three first seeds. Coaches, parents and the Batavia Ramparts organization are proud of their tremendous accomplishments. Thanks also to our team sponsors, Reed Eye Associates -- PeeWee III, Castilone Chrysler Dodge Jeep -- Bantam III, and Logo It -- Midget III.

Task force members have been asked to consider five options for the future headquarters of the Batavia Police Department. At Tuesday's meeting, none of those sites appeared to be entirely satisfactory and members asked consultants to give them data on two more locations.

Committee members are interested in taking a closer look at potential locations in the parking lot between Bank Street and City Centre and at the former Wiard Plow factory location on Swan Street.

A chief advantage of both locations is they are outside the floodplain, which means construction costs could be at least $1 million cheaper, and perhaps $1.5 million cheaper.

The discussion of the alternate locations arose after consultants went through a spreadsheet of potential costs of the original five options.

The five options and their potential costs:

• 56 Ellicott St. -- $11,380,844
• 96-98 Jackson St. -- $11,877,839
• 26 Evans St. -- $11,710,712
• 165 Park Road (co-located with the Sheriff's Office) -- $10,095,565
• Current location remodelled, option 1 -- $16,358,596
• Current location, remodelled, option 2 -- $11,622,954

Among the biggest variables in cost are associated with elevating locations within the floodplain (the top three locations) and mitigating for potential flooding.

The first two locations have higher costs associated with environmental testing, too.

City Manager Jason Molino also presented the committee with information on potential grants and an overview of debt service and municipal bonds.

If the city took on debt for $11 million, the debt service over a 30-year term would be $600,000, which is within the city's current debt load capacity.

The city is building a capital reserve fund to help pay for projects such as this, and with the pursuit of financing at least two years away, the amount of cash on hand to help pay for the building will likely increase, reducing the amount of money that would need to be borrowed.

The city could reduce the amount paid in the early years of the financing agreement to as little as $100,000 annually through the use of what's known as bond anticipation notes. These interest-only notes can last as much as five years in lieu of issuing municipal bonds.  

BANs would be helpful while the city pays down existing bonds before taking on a heavier debt.

Reducing debt and growing the capital reserve would help reduce the amount of bonds the city would need to sell in order to fully finance the project.

Committee member Marc Staley noted that a growing local economy would also help make a project like this easier for the city to handle financially and expressed some frustration with obstructionists who attempt to block the city's growth efforts.

"'The whole thing gets a lot more tenable with sales tax growth or growth in property assessments, but the whole thing gets swatted down by some," Staley said. "Like Jason said, you can't cut your way to prosperity. You can't develop a community unless you have a viable economic environment. It goes hand-in-hand with what we're trying to do."

The amount the city needs to finance could also be reduced by state and federal grants.

There's up to $1 million in potential grants available for projects such as this and Molino said further research may yield other grant opportunities.

The grants are competitive, which is why there is no guarantee the city will receive one for the project.

Among the advantages of the Alva Place and Swan Street alternate locations are they can include basements, which would help reduce costs and allow for some police functions to be more secure.

Chief Shawn Heubusch expressed some concern about the traffic volume on Bank Street if the location was in the City Centre parking lot, which would also reduce available parking in the area.

There was some talk of placing the building where a potential intersection of an extended Jackson Street could meet Alva Place. (Extending Jackson Street to the north has been proposed previously in other economic development discussions.)

Swan Street would provide patrols with easy access to both Ellicott Street and Main Street though the location would lack the public visibility of the other proposed locations. The three-acre parcel would provide the department plenty of room for potential expansion if the city grows, however. 

The project consultants will work up a cost analysis for each location and present it to the committee at its meeting next month.

The committee is supposed to have its recommendation ready by July 1, but some committee members expressed concern there is still a lot of work to do. There may be a request later to extend the deadline.

Baby Jonah was diagnosed with a brain tumor in January. The 13-week-old started chemotherapy last month to shrink his tumor, but so far the treatment has been unsuccessful. He needs a shunt to relieve intercranial pressure and doctors need to do a brain biopsy to assess his condition and insure his medications are appropriate.

To help offset expenses, his family and friends are going to hold a benefit at the Falleti Ice Arena in Batavia starting at 5:30 p.m. on Sunday, March 15.

At "Skate for Jonah" there will be activities for everyone; bring the whole family. Cost is a $10 donation for ice time and skate rental. Pizza and refreshments will be available for purchase.

The Buffalo Sabres Hockey Team donated goods autographed to be raffled: a Gionta jersey, Foligno mask, and helmet.

The plan is for Jonah to continue receiving chemo every week for a year. The tumor is located behind his eyes and has caused nystagmus or involuntary eye movement. Despite everything this little man has gone through, he continues to smile, coo, laugh and snuggle with those who dote on him.

The ice arena is located at 22 Evans St.

If you'd like to help out and aren't able to attend the skating event, you can donate online at: http://www.gofundme.com/nxt1yc

John Deleo and Kathy Briggs had one word for those who think the City of Batavia should invest in its future: No.

On a pair of resolutions aimed at improving the quality of life and business climate in Batavia, Deleo and Briggs steadfast stalwarts in opposition, decried the expenditure of public money on the projects.

Each resolution passed by votes of 7-2.

The resolutions passed by the council extend the economic development services agreement for two years with Batavia Development Corp. and provide Vibrant Batavia with two years to become self-sustaining.

There was one growth-related measure that garnered yes votes from Deleo and Briggs. Deleo made a motion, seconded by Briggs, to eliminate the assistant city manager position.

The motion failed 2-7.

Councilwoman Rose Mary Christian, outspoken as always, extolled the virtues of economic development and the work of Vibrant Batavia.

"We need all the development we can get," Christian said. "We need all the revenue, we need the sales base, we need everything we can get. We need everything working this year at this time because if we don't go forward, we're going to go backwards. We're going to be in a hole and we're never going to get out."

Prior to the meeting, council members received a memo from City Manager Jason Molino called "Budget Sustainability," which made the case for the city investing in economic development and neighborhoods.

For the past several weeks, budget discussions have been dominated by voices advocating for slashing in the three areas of city spending intended to help the city grow: The assistant city manager position, the BDC and Vibrant Batavia.

Molino's memo argued that without investment in growth, Batavia will be doomed to decline.

"Public revenue needs an employed community, so the right question is not necessarily where should we be trimming the City workforce budget, but rather, the right question is: Are City resources optimally structured to reposition Batavia as a great place to raise a family, start and operate a profitable business, and in general, appeal to families," wrote Molino.

Pierluigi Cipollone, a small businessman, argued in favor of investment over retrenchment. 

"We've got to make an investment," Cipollone said. "Mr. Molino sent out a memo talking to the revenue side of the profit and loss of the balance sheet. We need to invest to get what we want for Batavia. In the old days, we had civic groups that did a lot of what we want, but those civic groups have gone away for the most part. We need to get some of that back. When the pride returns, businesses will return."

Deleo said that he was both being responsive to his constituents and standing by the cost-cutting promises of his campaign by opposing the growth initiatives. 

It's not the job of government, he said, to invest in economic development.

"We're going to be leaner," Deleo said. "We're not going to reach into the pockets of our poor senior residents."

Briggs said she attended last week's annual luncheon for Genesee County Economic Development Center and came away impressed by the economic development efforts of the local agency.

"They're bringing business into the county, and Batavia is part of Genesee County," Briggs said. "I'm like, OK, GCEDC seems to be on track. That's what I gathered from that meeting. We do have somebody who is going to do the job of economic development, GCEDC."

Other council members pointed out that the focus of GCEDC is something that is completely different from the BDC. The BDC is focused on the city, which includes mostly brownfield development demands. GCEDC handles the entire county and most of its developments are greenfields outside of city limits.

Briggs also mentioned that the city is served by the Business Improvement District, but Councilman John Canale pointed out that BID works strictly Downtown, whereas the BDC serves the entire city.

The funding approved for Vibrant Batavia -- $45,000 for one year and a smaller amount in year two -- also comes from a different pot of money than originally proposed. Rather than being drawn from reserve funding, a portion of the city's revenue share from Batavia Downs will be used to back the nascent community booster group.

The group will also be asked to pay for a new $10,000 slide in Austin Park by donating $5,000 back to the city and raising the remaining $5,000.

While the resolutions for the BDC and Vibrant Batavia assume two-year commitments for the city, Molino, upon questioning by council members, said the council will have the option to reduce or eliminate funding next year by passing another resolution.

Press release:

Alpina NBA All-Stars Yogurt is just 120 calories, four grams of protein and 10 percent of an adult's recommended daily allowance of calcium per serving. The perfectly proportioned toppings add a little "dunking" fun while appealing to basketball fans of all ages — men and women, alike. It's a yogurt that can help anyone power through the day. 

"Alpina Foods is committed to bringing innovation to the dairy aisle," said Gustavo Badino, Alpina Foods' general manager. "We saw a need for a product that catered to the American male — youth or adult — in the yogurt section, and we decided to take the challenge and introduce this NBA All-Stars product."

Alpina NBA All-Stars Yogurt is sold in select regional and independent retailers including A&P, Pathmark, Waldbaum's, Super Fresh, The Food Emporium, ShopRite, Shaw's, and Lowe's Markets.

Alpina Foods manufactures a variety of dairy products available in retailers throughout the United States, including Shaw's, Wegmans Food Markets, ShopRite, Duane Reade, Western Beef, and other national, regional, and independent food retailers. For a full list of retailers, visit www.alpinaus.com.

UPDATE: In response to our question, a spokeswoman for Alpina says the new product will be manufactured at the Batavia plant, and, there's another new product announcement coming later this month.

Eric Raymond Westermeier, 27, of Alleghany Road, Darien, is charged with felony driving while ability impaired by combined drugs and alcohol, felony driving with a BAC of .08 or greater, aggravated unlicensed operation and unlawful possession of marijuana. Westermeier was arrested following an investigation by Deputy Chad Cummings into a vehicle off the road at 10:11 p.m. Sunday on Erie Street, Darien Center.

Timothy O. Lee, 34, of Erie Street, Le Roy, is charged with criminal possession of a controlled substance, 7th, and speeding. Lee was arrested following a traffic stop in the Village of Le Roy. He was allegedly found in possession of cocaine.

Terry L. Travis Jr., 32, of Pringle Avenue, Batavia, is charged with resisting arrest, criminal obstruction of breathing, endangering the welfare of a child and unlawful imprisonment. Travis was allegedly involved in a domestic incident at 11:30 p.m. Saturday. He was jailed on $3,000 bail.

Jessica L. Ford, 24, of Oak Street, Batavia, is charged with criminal contempt, 2nd. Ford allegedly violated an order of protection by contacting the protected party. Ford was jailed on $1,000 bail.

Dale E. Banfield, 53, of Chestnut Street, Batavia, is charged with criminal tampering and resisting arrest. During a supervised property exchange, Banfield allegedly became verbally abusive toward the other party and grabbed the drawer from a nightstand and threw the contents across the room. As officers attempted to arrest Banfield, he allegedly pushed the officers and attempted to tackle one of them. After a brief struggle, Banfield was subdued and taken into custody. He was jailed on $5,000 cash bail or $1,000 bond.

Donna Marie Kroft, 61, of State Street, Batavia, is charged with petit larceny. Kroft allegedly stole groceries and other items from Tops Market by concealing the items in her purse and inside her coat.

Michael L. Williams, 35, no permanent address, is charged with criminal contempt, assault, 3rd, and aggravated criminal contempt. Williams was arrested on a warrant for the listed charges. He was reportedly found by Batavia PD officers hiding in a stairwell at a residence on Jackson Street, Batavia. He was jailed without bail.

Linda B. Gratton, 66, of Downer Street, Baldwinsville, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Gratton turned herself in. She posted $500 police bail.

Kristen S. Buchholz, 32, of South Main Street, Batavia, is charged with harassment, 2nd, and disorderly conduct. Buchholz was allegedly involved in a verbal dispute with administrators at Batavia Middle School. She was jailed on $100 bail.

Marcos A. Torres, 32, of Cherry Street, Batavia, is charged with unlawful imprisonment, 2nd, and harassment, 2nd. Torres was allegedly involved in a domestic incident. He was jailed on $2,500 bail or $5,000 bond.

Cheryl A. Kowalik, 54, of Alexander Road, Batavia, was arrested on a warrant for alleged failure to appear on an issuing a bad check charge. Kowalik turned herself in to Batavia PD and posted $500 bail.

Bradley W. Howard, 24, of Honeysette Road, Mayville, was arrested on a warrant for alleged failure to appear on a DWI charge. Howard turned himself in to Batavia PD and was jailed on $1,000 bail.

Stephen Gary Hall, 69, of Murray Street, Mt. Morris, is charged with possession of more than 400 untaxed cigarettes. Hall was stopped for an alleged traffic violation at 11:16 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Also charged were Bernard Leonard Brock, 65, of Hopkins Street, Mt. Morris, and Edith May Donohue, 74, of Columbus Avenue, Mt. Morris.

Victoria Joanne Supple, 42, of Stroh Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Supple was stopped at 2:03 a.m. Saturday on Buffalo Street, Alexander, by Deputy Andrew Hale.

Darien Lamont Anderson, 20, of Egret Drive, Henrietta, is charged with unlawful possession of marijuana. Anderson was charged following an investigation by Deputy Chad Commings at 7:11 p.m. Saturday into a vehicle pulled off the road on Route 33, Bergen.

Lauren E. Scalzo, 19, of Bergen, and two 17-year-olds, were charged with unlawful possession of marijuana. The arrests were made by State Police at 1:30 p.m. Sunday on Sumner Road, Darien.

Marco A. Hernandez, 21, of Stafford, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. Hernandez was stopped at 6:28 p.m. Sunday on Route 98, Batavia, by State Police.

Photo and information submitted by a reader:

Two Batavia High School athletes competed in the state indoor track championships this weekend. Devon Koepp (pictured) finished sixth in the weight throw with a distance of 58' 8" (He is the Section V record holder at 60' 5.") and Kaylee Cassidy finished sixth in the 1,600 medley.