batavia

After first providing her alcohol in April, a Batavia man allegedly subjected a 16-year-old girl to unwanted sexual contact according to state troopers in Warsaw.

Charged with sexual abuse, 1st, criminal sexual act, 3rd, and unlawful dealing with a child is 24-year-old Preston Matthew Ruble.

Ruble allegedly served alcohol to two teenage girls, one 16 and the other 17, on the night of April 12 and 13, then sexually abused the younger girl.

Ruble was arraigned in Village of Warsw court and jailed in Wyoming County on $20,000 bail or $40,000 bond.

Firefighters clear snow from around a fire hydrant on Clifton Avenue, Batavia. There are some 640 hydrants in the city. A firefighter noted, "I know it's our job, but we can't get to them all." He said it would be great if residents would adopt the hydrants on their streets and help keep them clear of snow. "After all," he said, "it's their property we're trying to protect."

Minor injuries are reported following a rollover accident on the westbound Thruway. One car is involved. It's near mile marker 386.9. Town of Batavia fire and Mercy medics are responding.

Notable during last night's City Council meeting were the words not spoken.

For all the talk in the community the past few weeks about eliminating the Batavia's assistant city manager position, not a single council member raised the issue when given the chance.

The council passed five budget amendments, all recommended by City Manager Jason Molino, eliminating $53,000 from the spending plan. But after those five motions passed and Council President Brooks Hawley asked if members of the council had any other amendments to offer, the panel was silent until Councilwoman Rose Mary Christian piped up.

"What's the use to raise an amendment if you won't compromise over here?" Christian asked.

After the meeting, Christian expressed frustration that she believes residents want more spending cuts but she doesn't feel anybody is listening to her pleas.

"It really bothers me," Christian said. "There are a lot of people out there who are having a difficult time living."

While there has also been a move afoot to eliminate spending for Vibrant Batavia, since that expenditure is not part of the budget, it will be addressed as a separate resolution at a future council meeting.

The assistant city manager position, however, is part of the budget.

Christian said she would certainly support eliminating the position, but she said she didn't make a motion because she believes only three other council members would vote with her, giving such a motion no chance of passing. 

"I didn't bring it up, you're right," Christian said. "What's the use?"

Councilman Eugene Jankowski said after the meeting he didn't bring it up because he's not ready to eliminate the job.

"I made the motion last year not to put it in the budget and it was voted down," Jankowski said. "This year I've seen some of the good work that she's done and I personally feel it's premature to just fire her after only a few months. I'm still keeping an eye on it to see how it's going to pan out."

Jankowski said he doesn't sense a strong sentiment from fellow council members for eliminating the assistant city manager position.

As for Vibrant Batavia, Jankowski said he intends to bring a motion reduce the proposed $45,000 allocation, but not cut it out completely.

He wants a compromise position, he said, because some constituents feel passionately that no more money should be spent on Vibrant Batavia and others are just as passionate in their support of Vibrant Batavia.

He wants to see Vibrant Batavia stand on its own and would like to find a mechanism to make that possible.

He said he doesn't know what the timetable would be to wean Vibrant Batavia off of city support.

"If it's impossible in 12 months, then I want to see what the plan is," Jankowski said. "If it's a reasonable plan and it looks viable and everybody in the community knows what it is and knows when that time is going to end, then it's up to them to decide whether they accept it or not."

He also said that partial funding wouldn't close the door to the council providing more assistance if Vibrant Batavia found it needed more time to stand on its own after making a verifiable and honest effort to be self-sufficient.

In a winter of unrelenting cold and regular, periodic snowstorms, the snow keeps piling higher and the frustration of Downtown merchants has been mounting.

While merchants might be expected to shovel their own walks, there's nothing they can do, realistically, about the mounds of snow that gets piled up between parking spaces and sidewalks. It takes the city's heavy equipment to move that much snow.

At Monday's City Council meeting, Director of Public Works Sally Kuzon addressed the issue.

"We certainly understand (the complaints)," Kuzon said. "We would love to have a 24-hour operation, but we just can't do it."

This season so far, 90 inches of snow has fallen, including 52 inches in the past 13 days.

That has kept public works staff busy plowing and salting, often in 10-hour, overnight shifts.

That leaves at most two public works employees on the clock during the day.

"That's a little scary if something happens," Kuzon said.

Crews that are plowing and salting aren't available for the tedious, time-consuming, manpower-intensive task of snow removal.

Snow removal needs to be done at night when there is less traffic, fewer parked cars and no pedestrians to interfere with the operation. The project takes from 10 to 12 public works employees at a time.

And it ties up all of the city's loaders and trucks.

It so happened that crews started working on snow removal for the first time this winter last night.

The project was scheduled to start at 10 p.m., but before the workers could hit the streets, the plows and salters from the trucks needed to be removed. It also turned out two trucks had flat tires.

The work started just before midnight.

Crews cleared the south side of Main Street, Court Street and the parking lot near Jackson Street (where we caught up with them for photos at 5:30 a.m.).

Tonight, they will work on the north side of Main Street.

Weather permitting, they will work on Ellicott Street the night after that.

Photos and information submitted by Marsha Geiger.

Noah Burke, Luke Geiger, and Nicholas Grover were honored by Pack 112 of Batavia on Sunday for receiving both the Arrow of Light Award and the Super Achiever Award. The Arrow of Light is the highest award in Cub Scouting. To earn the Super Achiever Award, the boys had to complete all 20 Webelos achievements.

A proposed new cancer center at UMMC will help the hospital treat more patients in Genesee County and provide those patients with a comprehensive, one-stop location, according to spokeswoman Colleen Flynn.

New new $6.5 million addition to the hospital will be fitted in the triangle area on the west side of the hospital known as the Summit Street entrance.

The wing will handle chemotherapy, radiology, infusion and include a linear accelerator. The staff will include a board-certified oncologist and a radiation oncologist.

"This has been in planning for a long time," Flynn said. "It will help save some patients that 45-minute drive each way to Rochester. One of our goals was to keep care in Genesee County for those who are our most vulnerable."

The proposed expansion will be reviewed this week by the Genesee County Planning Board and the City of Batavia Planning Board.

The new building will be 9,850 square feet and while it is currently planned as a one-story addition, the construction engineering will allow for a second floor to be added if needed, Flynn said.

UMMC, already expanded to 800 employees since the affiliation with Rochester General, will add more employees as a result of the addition, Flynn said.

Plans for the cancer center were started many months ago, before the affiliation with Rochester General was finalized, but the affiliation is helping the process along.

A license is required for a linear accelerator and Rochester General happened to have obtained a license it had no immediate plans to use. The NYS Department of Health has approved the transfer of the license to the UMMC location.

Among the issues planners will consider with the addition is the loss of parking outside the Summit Street entrance.

There are currently 15 spaces. The expansion will require 20 spaces, creating a deficit of 35 spaces. 

Officials plan to draw on the 71 spaces in the existing parking lot on the west side of Summit Street, which is shared with 207 Summit St. and 215 Summit St.

Employees will park at St. Jerome's on Bank Street, which currently has 50 to 60 extra spaces available and is already served by a shuttle for hospital employees.

The shared parking lot will have signs and markings to ensure the spaces closest to the cancer center are reserved for cancer center patients.

Officials hope to break ground on the new facility in the Spring with completion and opening for patient treatment in January.

The County Planning Board meets at 7:30 p.m., Thursday.

Also on the agenda is a plan by Darien Lake Theme Park to add a new ride called the Turbo Twister. The slide, which covers an area that is 191 feet by 76 feet, features an 80-degree drop angle to start, an inclosed tube, and it propels people at an average speed of 35 feet per second.

Plus, the agenda includes plans by East Pembroke Fire District for a new, voter-approved fire hall.

A municipal budget is more than the tally of ledger entries. It is a policy statement. It is the tool elected officials use to set the agenda for what kind of community a city is or might become.

As the Batavia City Council nears its deadline for setting the 2015-16 budget, the spending decisions it makes could impact the quality of life for residents and the potential for economic growth and job creation for years to come.

The big decisions facing the council are whether to fund Vibrant Batavia for one more year, whether to retain the assistant city manager position, and whether to continue to invest in economic development.

There are those in the community who advocate for cuts in all these areas and some on council seem inclined to follow those suggestions.

In his latest budget memo, which is on the agenda for tonight's City Council meeting, City Manager Jason Molino doesn't respond to the call for cuts to these initiatives, which he sees as key to Batavia continuing on the strategic plan path it started in 2010.

He does offer proposed spending cuts that would halve the proposed tax increase.

"The budget is about understanding the different issues at hand, and the different liabilities the city faces and recognizing you have different projects and balancing your priorities," Molino said. "It comes down to how committed are you to the strategic plan, to community empowerment and economic growth. These are all policy questions."

When the council convenes at 7 p.m., they'll hold a memo that calls for:

• Removing $10,500 for replacement of a slide at Austin Park;
• Shifting a one-time upgrade to the City Clerk's file system from the 2015-16 budget to reserve funds, thereby cutting $4,920 from the spending plan;
• Adding a $1,950 expenditure to assist the BID in purchasing flowers for Downtown;
• Slashing management raises from 2.5 percent to 2 percent. This cuts $5,000 from the budget;
• An alternative to funding the two open police officer positions. Instead of showing those positions as fully funded for 2015-16, fund only one of them for the full year (leaving open the possibility of a transfer into the department), and fund the other position for only eight months, saving $34,490.

This brings the property tax rate down to $9.21 per thousand, a cut of 9 cents off the original proposal. The average assessed home would see an annual tax increase of $6.30 cents.

In an interview Sunday, Molino discussed the need for funding Vibrant Batavia to help improve local neighborhoods, sticking by the strategic plan for economic growth; and the benefits of the assistant city manager position.

The policy issues involving Vibrant Batavia go beyond just the policy commitment the City Council made two years ago to neighborhood revitalization. It also touches on sound budgeting practices and not falling into the poor habits that dug Batavia into a deep financial hole nearly a decade ago.

Stripping out the recommended $45,000 to fund Vibrant Batavia wouldn't necessarily lead to a reduction in taxes, not unless the council wanted to finance the tax cut with reserve funds.

The $45,000 earmarked for Vibrant Batavia doesn't come out of the 2015-16 budget. It is money left over from the 2014-15 contingency fund.

The contingency fund is set aside for unexpected expenses and emergencies. Since there were no big draws on the fund in 2014-15, there is money available to help finance the city pursuing its strategic initiatives.

"If you go back eight years, the city used its fund balance each year to the point that it actually had a negative fund balance," Molino said. "That was the downfall of the city's financial position. It got to where they didn't have a fund balance to balance the budget. The fund balance is not something you can rely on to balance your budget."

Contingency funds, fund balance, reserve funds, are all intended for one-time or short-term expenses, just like a family saving for a vacation or a new car, not for operational expenses, Molino said.

So the first policy question the council needs to answer this budget session is whether it wants to use uncommitted funds to finance a reduction in the proposed tax rate, essentially using one-time funds to finance operational expenses.

If it doesn't, the next policy question to answer is whether the council wants to stick to its own strategic plan.

The strategic priorities of the plan:

• Financial health
• Governmental efficiency
• Economic development and job creation
• Neighborhood revitalization
• Environmental sustainability
• Public safety
• Healthy and involved community members

"I view it as investing in the community, taking $45,000 a year and putting it toward a project that is intended to increase civic engagement in your community, and civic engagement is what makes your neighborhood a neighborhood," Molino said.

An example of such a neighborhood locally is Redfield Parkway, Molino said. Redfield, with its flags and Christmas trees and its own events and obvious neighborhood pride, might serve as an inspiration for other neighborhoods

"That's not the model that needs to happen on every street in Batavia, but what it does is allow residents to talk with each other on an individual level. That's sounds soft and fluffy, but that's what makes safer streets and it's what makes neighborhoods."

Molino said he understands some of the negative feedback generated by Vibrant Batavia, but it's important to grasp the larger vision.

"It's not like building a street or building a building," Molino said. "It's not tangible in that sense, but there is value to it and it needs to develop over time. It took decades and decades for Batavia to become a vital community. That didn't happen over one or two years. You can't expect to reverse decades of downward spiral in just a year or two."

Molino agrees with Council President Brooks Hawley, who fears all of the money and effort that has gone into getting Vibrant Batavia to only its second year of existence will be wasted if the council fails to fund it in 2015-16.

"If the decision comes to completely discontinue Vibrant Batavia, then we're out all that energy and effort," Molino said. "We haven't given it enough time to blossom and succeed. Ironically, all of the negative attention around Vibrant Batavia is that same negative culture it was intended to address.

"If we could harness all of that negative energy and turn it into positive energy, we would reach our goal twice as fast," Molino added.

The same policy and strategic planning questions apply to economic development (which we didn't discuss specifically) and the assistant city manager position.

The council agreed to create the position a year ago and in June Gretchen DiFante beat out a field of 60 applicants to win the job.

She's been a great choice so far, Molino said, and the work she's done in less than eights on the job has already more than paid for her $75,950 annual salary.

"She's accomplished a lot of work," Molino said. "What Gretchen has done on just one item, flood insurance, is something that has never been done in this city before. We're talking about moving more properties out of the floodplain in six months than had happened in Batavia all the years before."

So far, 12 properties are no longer considered part of the floodplain, Molino said.

"Combine that with the possible accelerated program on flood insurance so that residents can see real reductions in their flood insurance in the next year, that's impacting thousands of property owners predominately on the Southside," Molino said.

A reduction in flood insurance costs will have a real, tangible, economic impact on the city, Molino said.

"We have a great team of people working on that and a great leader working on that, and that's just one item," Molino said.

DiFante has also played a critical role, Molino said, in addressing the police and fire radio communication issue -- which DiFante had said was the biggest liability issue facing the city at one point.

Her overall responsibilities, besides flood insurance, include overseeing administrative services, including finance, the clerk-treasure, personnel, information technology, the youth bureau and assessment, with additional projects such as how to handle a burgeoning population of feral cats, the Redfield gateway and strategic planning.

An assistant city manager also frees up Molino to work on other projects. Not only would he never have had time to handle the flood insurance issue himself, even the attempt would take him away from other projects.

With DiFante on staff, Molino is free, with the help of staff, to pursue another complex, difficult problem facing the city: Abandoned and vacant properties, something he hopes to focus on this year.

"We need to climb some serious mountains and drive some serious growth, not just in the city but in the community as well," Molino said. "Of course, there's a limited amount of resources. If you keep cutting resources, you can't expect the same output."

Jessica Lynn McGowan, 29, of Attridge Road, Churchville, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, aggravated unlicensed operation, 3rd, and unlicensed operator. McGowan was arrested following an investigation by Deputy Bradley Mazur into a situation on Route 19, Le Roy, at 9:44 a.m. Sunday. She was jailed on $500 bail.

Dana M. Faiello, 32, of East Avenue, Hemlock, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. Faiello was taken into custody by State Police in Geneseo and turned over to Batavia PD. She paid $100 bail and was released.

James A. Chase, 35, no residence, Batavia, is charged with violation of sex offender registry. Chase was the subject of a warrant and following pubication of his status as a wanted person Friday, Chase turned himself in at Batavia PD headquarters. He was jailed without bail.

Stephen S. Bogle, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bogle was arrested after police responded to the parking lot of the Richmond Memorial Library to check on a reported suspicious vehicle.

Kevin Charles Greene, 60, of West Main Street, Batavia, is charged with petit larceny. Greene allegedly stole $37.42 in merchandise from Walmart.

Pierre A. McMullen, 32, of Buffalo, Christopher A. McCullen, 43, of Buffalo, and Craig A. Elston, 30, of Buffalo, are all charged with criminal possession of stolen property, 4th. The three were arrested in an ongoing investigation into an incident reported at 11:55 a.m., Jan. 25. The investigation is being conducted by State Police. All three were held on cash bail. No further details released.

Robert P. Nowak, 57, of Pembroke, is charged with menacing, 2nd, criminal possession of a weapon, 4th, and making a terrorist threat. The alleged incident was reported at 3:30 a.m., Saturday. The case is being handled by State Police. No further information released.

Dave Twichell shared this photo he took this morning of the spiky ice on a tree on Tracy Avenue, Batavia.

The formation is known as "rime ice," which is formed by the rapid freezing of cold water droplets of fog onto a cold surface.

A motor-vehicle accident is reported on Lewiston Road in front of the new Tim Horton's. It's near Park Road and is partially blocking traffic. Town of Batavia fire and Mercy medics are responding. No injuries; it will be a sign-off.

Press release:

The Batavia Police Department has received several complaints of an organization claiming to be an affiliate of the “Organization for Police Officers,” or “Batavia Police Union,” soliciting money to donate to the Police. The Batavia Police Department and Batavia Police Benevolent Association are not soliciting donations via telephone. The Batavia Police would also like to use this time to remind everyone not to give out personal information over the telephone. IE: Social Security numbers, bank account numbers, addresses.

Step back in time this Sunday and celebrate the first of many bicentennial events being held at St. James Church in Batavia this year.

The Sunday service, which begins at 10 a.m, will recreate its first 1815 service.

In preparation for the event, Chairman Jim Ellison said “we looked through the archives and found liturgy that may have been used.”

The service will be at a Chancel Altar, with candles and a small area of pews as if they were to relive that moment in time -- except for one difference. The Reverend Carolyn Lombard will be presiding over the service.

From 1815 until sometime in 1970, only men were allowed to be priests in the Episcopalian faith.

Many of Batavia’s founding families were the first parishioners of the historic church. Many of the streets in Batavia are named after the original vestryman and founders, such as Ellicott, Trumbull, Ross and Richmond. Some of the current members will be attending this week’s service in costume of the 1815 time period.

The community is welcome to attend the service, to be followed by a free breakfast, serving flapjacks and porridge as they would in days gone by.

This is the first of the many as the celebration continues with the following events:

• April 12 -- A talk about early Batavia by local historian Larry Barnes. The focus of the talk will be about the founders and early vestrymen who played a prominent role in the formation of our city. Barnes will also enlighten listeners by telling of accomplishments of Mary Elizabeth and Robert Wood.
• April 24  -- A musical presentation by VoxLumine
• May 2  --  Thanksgiving in May dinner
• May 9 --  Period Tea and Fashion Show
• June 6  --  Festival Eucharist Celebration with choral singing and brass accompaniment with celebrant William Franklin, Bishop of Western New York
• June 13 -- A presentation by Suzanne Oliver, co-author of “The Faith Club.” Her book weaves the story of three women, their religions (a Muslim, a Christian and a Jew) and their quest to understand one another. There will be several studies relating to this book throughout the community prior Oliver’s appearance.

St. James Church, in addition to celebrating its bicentennial, will be starting their annual Friday Lenten fish fry dinners starting Feb. 20  -- eat in or take out at the church hall, located at 405 E. Main St. Any community member (non-parishioners only), who attends this bicentennial kick-off event and breakfast, will get a free fish fry dinner as well.

So come for breakfast, get a dinner, and step back in time and celebrate 200 years of St. James Church.

A car accident reported at 2 Liberty St. in the city prompted response from fire, police and Mercy medics. Children involved will need to be evaluated, but injuries, if any, are minor, according to dispatch.

UPDATE: No injuries.

Despite the presence of two long-established local jewelry stores, national retail chain Kay Jewelers is planning a new store in Batavia Towne Center.

Syracuse-based COR Development has received $6 million is tax abatements -- to help finance the construction of the strip mall in 2006, and then remodel a portion of it in 2013.

Tax abatements for retail developments, which are authorized by Genesee County Economic Development Center, are controversial in New York and have been criticized by both Comptroller Thomas Dinapoli and Sean Ryan, a member of the Assembly representing Buffalo.

When COR sought its second round of tax abatements in 2013, the anticipated retailers going into the area once occupied by Lowe's were Dick's, Marshall's and Kohl's, though DIck's seemed to be the only sure thing at the time.

The GCEDC Board approved the $1.7 million in abatements with a finding that the tax relief would help bring new business to Batavia that would provide goods and services that are not readily available to local residents from current retailers.

It's important to note, that the proposed location for Kay's -- sandwiched between the AT&T Store and Sally's Beauty Supply -- is not part of that 2013 expansion and is not covered by the second around of abatements, though it is covered by the 2006 round of $4.3 million.

We've contacted a representative of COR Development for comment and have not received a response.  

Lease agreements are not public record, so we don't know whether Kay Jewelers is receiving a discounted rent bolstered by the tax breaks.

Officials at GCEDC were unaware of COR's intention to lease space to Kay and have not offered a comment on the plans.

Batavia is served by two locally owned jewelry stores: Valle's, on Jackson Street, and Lambert's, on West Main Street.

Jim Lambert said he's heard rumors for months that Kay was planning to open in Batavia and was disappointed to learn the new shop would be in a tax-subsidized development.

"Nobody gave me any tax breaks to open my business," Lambert said. "Everything we do, we do on our own. We don't get anything."

Kay Jewelers, with an advertising budget that includes radio, TV and glossy national magazines, plus the ability to heavily discount, absorb losses and give credit to high-risk borrowers will provide the local shops with formidable competition, Lambert said.

"For a place like us or Valle's, you just can't compete with their budgets for advertising and so forth," Lambert said.

He said he finds it interesting that Kay would open in Batavia, with a population of less than 25,000, when the chain is closing stores elsewhere.

"I'd be surprised if they could do $1 million here," he said. 

It's not like they don't have several other stores in Western New York already, he said.

"Personally, I didn't think it would actually happen," Lambert said. "I thought Kay's would be smarter than invest all that money in Batavia, but they afford to lose money for years and use it as a tax write-off. I can't afford to lose money."

The owners of Valle's wanted to get more information on the issue before commenting.

Besides Valle's and Lambert's, Kay will be competing with JC Penney and Walmart. Lambert noted that Walmart is already the largest seller of jewelry in the nation.

How much more can the market be divided and everybody still stay in business? Lambert wondered. Given the revenue demands of the chain, he said he will be surprised if Kay lasts in Batavia through two Christmas seasons, but in the meantime, the local businesses could be hurt substantially.

He's Ted and she's Mary and together they're the new owners of John & Mary's in Batavia.

If that sounds a little confusing, it might help to know a bit of the history of the venerable Erie County group of entries. 

John Guida opened his first sandwich shop in Cheektowaga in 1952. Mary, his wife, insisted her name be added to the sign, so it was. (Mary Guida is 88 and reportedly still working.)

Ted Ulm was born and raised in Cheektowaga and went to culinary school, became a chef, worked in a supper club and a bakery and hooked up with an instructor who owned a Greek catering business when he was 18.

"Once I learned the ropes, he could run two jobs a day," Ulm said.

That led to a connection with John & Mary's and eventually, Ted Ulm owned his own John & Mary's location in Cheektowaga. 

He opened another location in Alden in 1999, which he still owns. He opened another in Arcade that he later sold, but he does own Theo's Greek Family Restaurant in Arcade.

He married Mary in 2009, and the coincidence of her name has led many people, Ted said, to assume his name is John.

The name may be different, but the quality is the same, Ulm said.

"Everything I make is all homemade, our dough, our sauces, our Souvlaki is out of this world," Ulm said. "I win awards with it all the time."

"It's a bigger menu, but it's all quality food," he added. "We use all of John & Mary's recipes. I stick by what they did in 1952. Their homemade hot sauce, top-line mayonnaise, top of the line cold cuts."

This John & Mary's is actually the second in Batavia. There was a John & Mary's here in 1974 and '75.

When Ted and Mary moved to Corfu, they started thinking it was time to bring John & Mary's back to Batavia.

From the time Ted opened his first John & Mary's in 1990, he expanded the menu so that there would be something for everybody. 

There's a full Greek menu and a full Mexican menu, Ulm said.

"John & Mary's is a place where a family can come and everybody will be happy," Ulm said.

John & Mary's is located at the old Scooter's location, 3711 W. Main Street Road, Batavia.

CORRECTION: The information about Mary Guida came from the John & Mary's web site, which is apparently very out of date. Mary Guida passed in 2007.

An electrical cord is reportedly on fire in the basement of 3507 S. Main Street Road, Batavia.

East Pembroke fire with mutual aid from Town of Batavia dispatched.