batavia

Meet Cuddles. Cuddles was out in the midsts of the hub of activity this past Saturday morning for Care-A-Van grocery distribution.

We heard of many dog gone it moments- dog gone it I lost my job, dog gone it I was beaten by my husband, dog gone I need to find an affordable apartment for my family, dog gone it I lost my home to a fire a few months back and the dog gone moments kept rolling for the 2 hours Care-A-Van Ministries was on State street for grocery distribution.

It was a very  busy morning as there were 51 families with 148 family members that arrived for groceries, clothing and prayer.

There were many new families that arrived for help. The stories of the events that are happening in their lives makes one heart ache.

There are moments when out in the midst of it all, and the line keeps growing and the needs are shared, one's spirit can get weak. However,  there is hope and there is peace. The peace and hope comes from knowing that the Lord will continue to provide.

A special thanks to all of you for your encouragement, your support and for your willingness to go forth and make a difference in those "dog gone" moments for those living right here in Batavia.

I would like to respond to the story “Mallow criticizes leak of info from executive session” in the September 25^th addition of the Daily News.

I am embarrassed and ashamed that a Council person would use a confidential letter sent by a city resident in an improper way. Our citizens should feel confident that problems they have with city staff will be handled in a professional manner and not for political purposes. The city takes all accusations seriously and attempts to work through these problems in a confidential way. We must be respectful and discreet to those who file a complaint, as well as the person it was filed against. Releasing personnel information and matters related to potential litigation that have been discussed in an executive session is an unethical abuse of power. Our city residents are financially liable for any indiscretion of this type.

I know for certain that this citizen assumed that the letter would be held in strict confidence and would like to thank the Daily News for not releasing the name of the complainant. It is also clear that a member of Council abused their elected position and divulged privileged information on two separate occasions in the last month. I want you to know that we will do everything in our power to determine who abused their position.

Notre Dame moved to 4-0 tonight, but anybody who came into the Friday night showdown with Oakfield-Alabama thinking the Hornets (who entered the game with a disappointing 1-2 record) would be pushovers, they learned something about how a proud football program can rise to the challenge of a tough opponent.

The Hornets never trailed in the game until the end, with ND only pulling even twice, once at 7-7 midway through the second quarter and then at 17-17 in the final seconds of regulation time on a Matt Thompson field goal.

After getting the ball first in overtime, but failing to convert the opportunity into a score, OA saw the Fighting Irish preserve its undefeated season on a six-yard TD rush by Beau Ritcher.

The Hornets had every opportunity to even its record, but OA's defense was eventually worn down by a relentless Notre Dame running attack.

The Hornets scored first on a first-quarter drive keyed by a Jason Stanley 60-yard run, but ND pulled even midway through the second quarter when Mike Pratt capped a grinding Notre Dame drive with a three-yard TD rush.

As the first half drew to a close, there was a real sense that Notre Dame could lose the game. At a time when the Fighting Irish should have controlled the ball, at least well enough to preserve a tie going into half-time, ND went three-and-out with enough time on the clock for OA to push the ball into the red zone. With seconds left in the half, Jon Fisher put three points on the board allowing the Hornets to head into the locker room with a 10-7 lead.

In the third quarter, it really seemed as if OA was in charge of the game, taking the ball down on a scoring drive that was capped by a 15-yard TD pass from Tyler Tamblin to Brent Crawford.

In the fourth quarter, Notre Dame's ground game began to take a toll on OA's defense. Pratt and Ricther eat up a lot of yards, and eventually Pratt plows into the end zone on a 10-yard run to put the score at 17-14.

After an exchange of downs in the fourth quarter, ND again moves the ball into striking range, and this time Thompson puts through his field goal to tie the game at 17-17.

OA got the ball first in OT, but only managed a first down before coming up short. The OA defense fought hard, putting ND in a third-and-long situation before Pratt bulled his way to a third down. With the ball inside the 10, Notre Dame fought for yardage and managed to get the ball to the one-yard line before a penalty forced the offense back five yards. On the next play, however, Ritcher burst through the line of scrimmage and into the end zone to keep the Irish undefeated.

There are more pictures after the jump below.

The City of Batavia is out of the red on its operational ledger.

For fiscal year 2009, Batavia has a fund balance of $32,950, City Manager Jason Molino told reporters today. 

Even though the city has been spending less than it takes in starting in 2007, this marks the first time in years that the city is not carrying a deficit on its balance sheet.

"We're not borrowing to pay for operations," Molino said. "We don't have cash flow problems."

In 2006, the deficit on the fund balance was a deep dark red -- $2.2 million.

"Most municipalities in this situation have gone to the state legislature to bond out their debt and that's a lengthy process," Molino said. "What you had happen here is you had a council committed to trying to right the ship and make the right decisions."

Among the right decisions, Molino said, was committing to conservative revenue budgets. The city has ensured expected revenue aligns realistically to numbers based on historical trends.

"The problem in prior years, and I'm talking three years back, was aggressive revenue budgeting," said Molino. "As a result, actual revenues did not meet budgeted revenues. As you can see from '05 and '06, your actual revenue was below your budgeted revenue."

The fund balance is for operational expenses and excluding debt for buildings and similar expenses.

For 2009, city revenue was $14.7 million and expenditures were $13 million. That $1.7 million swing helped the city generate a fund balance (meaning money in the bank rather than paying debt on operational expenses) for the first time since at least 2005.

On the expense side, Molino said the city has been able to hold the line on spending because department heads have done better at cutting things such as utility costs. At the wastewater treatment plant, for example, electricity usage has gone down by several hundred-thousand dollars. He also mentioned consolidated dispatch as a cost savings.

"It's identifying issues where expenses can be cut and that's really been a focus of the change in operations," Molino said.

The city isn't completely free of financial worries. It has not yet built up sufficient reserves to deal with unexpected expenses or any dip in revenue.

"To be financially healthy, you want your undesignated fund balance to be about 10 percent of your operations budget," Molino said.

He said the city's fund balance should be $1.3 million to $1.4 million, which is a pretty big number compared to the $32,000 the city just achieved.

Even so, Molino acknowledges that getting city finances to this point, is a satisfying accomplishment, but he credits both the Batavia City Council and city staff:

"It's interesting because when we dealt with it three years ago, it's one of those things that's out a ways and it takes time to get there and to look at the progress from year one to year two to year three. It's kind of interesting to know that when the council...adopted the idea that we don't want to go to the state to bond out our debt, we want to make the right changes that maintain levels of services, (we had to figure out) 'how do we get there?' We set that plan out. It's really a tribute the council making the difficult decisions at the time and a tribute to the staff that they made the tough changes."

The next hard task is mapping out the future.

"The damage control part of it is over now and now it's the planning part," Molino said. "Planning today for tomorrow is really the city's top priority."

Looking ahead, he said the city will need to focus on economic development, future union negotiations, upcoming retirement costs, reserve funding and post-employment health care costs for retirees (which could top $9 million).

Jason Molino discusses city finances with press:

• Part 1
• Part 2
• Part 3
• Part 4
• Part 5
• Part 6

City of Batavia Management Report, March 31, 2009 (PDF)

There is a non-injury accident on State Street near Batavia High School.

A reader reports that traffic is backing up on State Street.

UPDATE 2:53 p.m.: This is now reported as a three-vehicle accident.

Meanwhile there is an injury accident in Oakfield in front of the Yellow Goose store.  No further information available right now.

Oakfield-Alabama, already off to a slow start in 2009, will have its hands full tonight when it meets undefeated Notre Dame.

The Fighting Irish (3-0) has averaged 20 first-quarter points so far this season, while the Hornets are averaging only 3. Overall, Notre Dame's per-game scoring average is 26 points compared to 12.3 for the Hornets.

OA comes into the game with a 1-2 record.

"We're confident in where we're going and what we're doing right now," said OA head coach Brian Palone. "We're continuing to make progress each week. We lost a lot of experience from last year. We had only one returning player on defense. We really worked on defense this week, because the defense really struggled last week."

Alexander beat OA last week 42-17.

Notre Dame's head coach, Rick Mancuso, isn't taking the Hornets lightly, though.

"From our standpoint going into this game, Oakfield is always one of the perennial powerhouses in our league," Mancuso said. "Regardless of what their record is, like every team in our league, they work week in and week out to improve, and Oakfield is no different."

Mancuso praised the OA coaching staff and said he knows Palone will have his crew ready to play.

The Fighting Irish need to rebound, he said, from a sloppy effort last week.

"We made a lot of mental errors," Mancuso said. "Defensively, we did not play tight. We didn't play really disciplined. We need to be a more disciplined team going forward."

Norte Dame beat Barker last week 43-18. The 18 points represented the first scores against ND this season, after the team beat Pembroke 21-0 and Attica 14-0.

We'll have coverage posted by the morning. This weekend, The Batavian will also cover Alexander at Holley. Alexander comes into the game 2-1, but Holley is one of the surprises, if not THE surprise of the Genesee League so far this season. Holley is 3-0, opening a season undefeated for the first time in program history.

Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

Geoff Clough, a talented entertainer from Geneseo performed a Tribute To Bob Hope at 400 Towers Thursday night.

He began with a brief biography of Mr. Hope which included:

Leslie Townes Hope was born in London in 1903, the fifth of seven sons. His father, a stonemason, moved them to Cleveland, Ohio in 1907. Hope performed locally for several years and was discovered by comedian Fatty Arbuckle in 1925. A year later, he met George Burns and they traveled the vaudeville circuit with a pair of tap-dancing conjoined twins. He performed on several musicals and by the mid-1930s had begun doing films. It was around this time Leslie Townes Hope changed his name to Bob Hope, in response to a persistent nickname following him around: “Hopelessly.” Most of Hope’s fame came from his long tenure with radio and television (his relationship with NBC lasted over 60 years). Though never an Oscar winner, Hope is remembered as one of the great hosts of the Academy Awards, hosting or co-hosting 18 in all.

Quotable: “Welcome to the Academy Awards or, as it’s known at my house, Passover.”

Songs and stories filled the evening as we remembered Bob Hope in films, radio and TV.

"Do you know how many Presidents sat in office during Bob Hope's lifetime?"

The answer, 18. 

Residents enjoyed the sing-a-long, remembering songs that Bob Hope made famous.

The evening ended with Irving Berlin's "God Bless America".

A woman has been arrested for allegedly telling the Department of Social Services that a relative moved into her house, qualifying her for temporary government assistance.

Between Dec. 5 and Feb. 16, Stacey Ziminski, 36, of 119 South Swan St., is accused of collecting public assistance checks totalling $710.93.

The family member Ziminiski allegedly said was living with her, was actually living elsewhere, according to DSS investigators.

Ziminski was charged with two felony counts of offering a false instrument for filing in the first degree and one count of misdemeanor petit larceny.

She was arrested by Genesee County Sheriff’s Deputy Matt Butler, and arraigned before Stafford Town Justice Ben Mancuso, who ordered her held on $250 bail. 

Statements made by Dietrich Williams to State Police during an investigation into a shaken baby case in June can be used at his trial, Judge Robert Noonan ruled this morning.

Williams, currently held in Genesee County Jail, is charged with assault in the first degree and reckless assault of a child.

The content and nature of his statements were not discussed in court today, but he spent nearly eight hours in State Police custody June 25, after being picked up at a residence he shared with his girlfriend at 14 Hutchins Place.

The baby's name is Mariah and she was reportedly critically injured. Both Defense Attorney Jerry Ader and District Attorney Larry Friedman are waiting for the hospital to produce the baby's medical records for evidentiary review.

Williams is accused of shaking the baby and hitting Mariah's head against a hard object.

Shaken Baby Syndrome has come under new research scrutiny recently, and researchers suggest that the baby's head hitting a hard object may be a key element to any crime.

In his ruling, Judge Noonan said that Williams was made fully aware of his rights and had every opportunity to request an attorney or to cut off questioning. There was nothing improper about the State Police agent's questioning, Noonan said.

State Police investigators who specialize in violent crimes assisted in the investigation.

There were 10 more break-ins into unlocked cars in the Town of Batavia overnight.

Six occurred on Stringham Drive, two on Violet Lane and two on Terry Hills.

The usual items were taken, according to Deputy Chief Gordon Dibble, adding that the break-ins may be related to yesterday's thefts.

"For the most part, the thieves are limiting their efforts to unlocked cars with valuables in plain sight," he said. "Locking cars and removing valuable items (maybe locking them in the trunk) would seem to be prudent advice."

So you hear there are no jobs in Batavia, and companies don't want to do business here, etcetera. The carping sometimes seems ceaseless.

Me, I'm a glass-is-half-full kind of guy.

And I think most of the entrepreneurs who have invested in Batavia and Genesee County are the same sort of people, which is why this job ad posted today caught my eye:

Career Opportunities - Growing Company in Batavia is searching for hard working, reliable employees for all aspects of manufacturing.

We are conducting open interviews Friday 10/2/09 from 9:00am-12:00pm.

Imagine, a local company doing so well in Batavia that they have to conduct their own job fair. The ad makes it sound like there are at least six openings, and from the job titles, I'm betting a few if not all of them pay "a living wage" (to use the oft-cited term for what makes a good job).

The company is Prime Materials Corporation, 6 Treadeasy Ave., in the City of Batavia.

The last time somebody left a comment asserting that nobody wants to do business here and all the businesses are leaving, I pointed out some counter examples, which I'll note again: Kravings Kafe and Great Kutz both just opened in Valu Plaza; Ken Mistler is readying two new businesses and planning a third; There's one newish business on Ellicott Street and another store coming; A Canadian company is opening a new location downtown; Mancuso Corp. is investing a substantial amount of its own money (not just the RestoreNY funds) into the Masse Gateway Project; Clor's Meat Market greatly expanded its operations by moving to a new location; people complain about the open store fronts on Main Street, but all of them have ongoing interest from potential businesses for those locations. And I'm sure I'm leaving out other new businesses and expansions.

Not to mention that there are several hundred businesses thriving in the city and several hundred more throughout the county.

For me and Billie, we consider Batavia a great place to base our own business. If we didn't, we wouldn't be here. That's a lot of things I could do or places I could be if I didn't see Batavia and Genesee County as a great opportunity.

The bottom line: the pessimism about Batavia and Genesee County as a place to do business is unwarranted and it's contradicted by the actual business activity in town.

(Updated Version)

The driver of a Chevy Aveo suffered a serious-enough head injury to require Mercy Flight Air transportation to an area hospital following a two-car accident in the vicinity of 3892 W. Main Street Road, Batavia.

The woman was initially reported as unconscious, but regained consciousness after emergency personnel arrived on scene.

Deputy James Diehl said his initial investigation indicates the Santa Fe was changing lanes when it struck the Aveo, which was stopped to make a turn.

The driver of the Santa Fe, who was not injured, is likely to be cited, Diehl said, for unreasonable speed with a hazard in the road (the stopped Aveo).

We'll update this post when the official accident report is released.

UPDATE:  The driver of the Santa Fe has been identified as Heather Nadolny, 35, of 2753 Pearl St., Batavia. The driver of the Aveo has been identified as Jeannette N. Orr, 65, of 3396 Dodgeson Road, Alexander. Orr was taken to ECMC via Mercy Flight. This morning, Orr is listed in fair condition.

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A Batavia man accused of selling cocaine and crack cocaine on two different occasions plead not guilty today to all the pending charges.

Timothy "Cricket" O'Neil Lee, Sr., of 19 Porter Ave., Batavia, is charged with four counts of criminal sale of a controlled substance and four counts of criminal possession of a controlled substance stemming from an arrest earlier this month. In June, Lee was arrested and charged with criminal sale of a controlled substance and two counts of criminal possession of a controlled substance. He was reportedly a resident of Ross Street at the time of that arrest.

Lee is out of jail after posting bail of $50,000 for the first arrest and an additional $5,000 on the second set of charges.

Previously:

• Batavia man accused of dealing cocaine
• Police Beat: Alleged drug dealer on Maple Street in Batavia arrested

Two men accused of dealing drugs in Batavia -- in separate cases -- were in court today to consider possible plea bargains and both men said they needed more time to think about the offers.

Michael R. Ransear, 24, of Rochester, was arrested in January for allegedly dealing crack cocaine. His aunt was arrested at the same time for alleged possession of a controlled substance.

Today, Asst. D.A. David Gann told Judge Robert Noonan that Ransear has been offered a plea that would lead to a maximum six-month sentence. He would be required to plead guilty to a class D felony, criminal sale of a controlled substance.

Ransear's attorney, Fred Rarik, said his client requested more time to think about it. Judge Noonan set a trial date for October, but also granted Ransear an extension on the plea offer.

Kirby S. Wall, 32, of Rochester, was arrested in April. He reportedly tried to run from police to evade arrest but was subsequently caught in the area of 400 Towers.

Wall has been offered a 2 1/2- to 3 1/2-year prison term in exchange for pleading guilty to a felony count of criminal sale of a controlled substance as a second serious felony offense.

Wall, also, wants more time to consider the offer. Judge Noonan granted an extension on the offer, but also set a trial date in the case.

Gann asked that as a condition of his plea, Wall be required to return "the buy money," which he allegedly ditched during the foot pursuit.

Both Wall and Ransear are out on bail.

Marilyn Drilling has been named museum director of the Holland Land Office Museum.

Her appointment was approved by the board of directors last night, according to a press release we received this morning.

Drilling replaces Patrick Weissand, who held the position for 11 years before accepting a position as a branch manager with the Bank of Castile.

Drilling was hired by the museum in July to create a marketing and membership program.

A totaly of 49 people applied for the position, according to the press release.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University with a degree in Mass Communication. She has held fundraising and public relations positions in both Genesee and Wyoming counties, including the director of development for the Medina Health Care Foundation, development director for Notre Dame High School in Batavia and Crossroads House. She was also the director of the Genesee Country Mall and has worked in the newsrooms of WBTA, WRTK in Rochester and WBTF in Attica.

"I am excited to begin implementing an integrated marketing program for the museum," noted Drilling. "The public will soon notice new life and new  programs coming from our doors. There is renewed interest in history and the younger generation especially wants to know more about our past and how it can affect our future."

Full press release after the jump

Marilyn Drilling of Batavia has accepted the position of Museum Director at  the Holland Land Office.  The Board of Directors made the offer after final  interviews last night (Tuesday, Sept. 22).

Drilling was initially hired by the Board in July to create a marketing and  membership program for the West Main Street Museum.  She submitted her resume  to the Board during their search for a replacement of long-time Museum  director Patrick Weissand, who resigned in June to join the Bank of Castile  in Medina as its branch manager.

49 resumes were reviewed for the position, according to Barbara Toal,  President of the Holland Purchase Historical Society.

Drilling is a 1983 summa cum laude graduate of St. Bonaventure University  with a degree in Mass Communication.  She has held fundraising and public  relations positions in both Genesee and Wyoming counties, including the  Director of Development for the Medina Health Care Foundation, Development  Director for Notre Dame High School in Batavia and Crossroads House.  She was  also the director of the Genesee Country Mall and has worked in the newsrooms  of WBTA Batavia, WRTK Rochester and WBTF Attica.

"I am excited to begin implementing an integrated marketing program for the  Museum," noted Drilling.  "The public will soon notice new life and new  programs coming from our doors.  There is renewed interest in history and the  younger generation especially wants to know more about our past and how it  can affect our future."

New board-approved programs include History Heroes, a series of programs and activities for the younger generation.  A Membership campaign will kick-off  on October 5th and new events have been added to the calendar.

Organizations and businesses are also encouraged to utilize the meeting room  at the Holland Land Office Museum for their gatherings.  "The Meeting Place"  is available at no charge and can be reserved by telephoning the Museum at  343-4727.

"We're also very excited about our newest exhibit," said Drilling."  "52  handsewn quilts are now on display...each unique in design and each has its  own story.  Members of the Museum Quilt Guild are celebrating their 30th  anniversary this year by showcasing some of their finest creations."

The public is invited to a special Quilt Exhibit Opening on Friday, September  25th from 6 to 9 p.m.  complete with entertainment and refreshments.  Members  of the Museum Guild will be there to share their quilting stories.

"This is a beginning of new and exciting displays for the Museum," said  Drilling.  "We're ""Making History Happen"" in Genesee County."