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Iroquois Trail Council of Boy Scouts honors volunteers

By Howard B. Owens

Press release:

At its Annual Volunteer Awards Dinner held Saturday, Jan. 31, the Iroquois Trail Council, Boy Scouts of America honored three volunteers with the council’s highest award, the Silver Beaver Award. Honorees are Donald H. Morris (Batavia), Linda J. Wohlers (Clarendon), and John G. Maier (Lockport).

The Silver Beaver is a National BSA award that recognizes distinguished service to local youth. Each recipient is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community. Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40-plus years he has been involved in Scouting with three different local councils: Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.

The council was itself recognized by the Boy Scouts of America with the 2014 Journey to Excellence Gold Award for program excellence.

Local Cub Scout and Boy Scout leaders were recognized for program excellence in the areas of advancement, camping, membership recruitment and retention, and helping Scouts to meet their funding needs.

Several youth members were also recognized. Cub Scout Tyler Mutka (Corfu) topped the list with Popcorn Sales of more than $4,200. The sale raises money for Scout programs, and also qualifies Tyler for a national college scholarship program. This is Tyler’s fourth year as top seller among Scouts in a five-county area. Other Scouts who will be inducted into the scholarship program are Cameron Kreger (Lockport) and Ethan Nelson (Avon).

The Iroquois Trail Council provides development, leadership, and life skills to more than 3,000 youth in Orleans, Niagara, Genesee, Wyoming, and Livingston counties. To contact the council or enroll, visit www.itcbsa.org or call 585-343-0307.

More information after the jump:

2015 Silver Beaver Honorees

Three volunteers were honored with the Council’s highest award, the Silver Beaver Award. Honorees are Linda J. Wohlers (Clarendon), John G. Maier (Rapids), and Donald H. Morris (Batavia). 

The Silver Beaver is a National BSA award presented by the local Council for distinguished service to youth. Each of this year’s recipients is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community.

Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. Her experience and sure-handed leadership helped to ensure that the local Cub Scout program continued to thrive, even long after her own son had grown. As a testament to her effectiveness, the current Webelos leader had this to say: “…I knew that she would be a positive influence on our young son. Her demeanor and enthusiasm for Scouting influenced me to sign him up on the spot.” This leader’s admiration for our honoree has only grown over the past several years.

Beyond Local Scouting, she has served as a Unit Commissioner for more than a decade. In addition to providing coaching for her local pack and troop, as part of the commissioner team she helped to ease the transition when the district borders were realigned to create the Seneca District.

Outside of Scouting, she has played an active role in her community. At Disciples Methodist Church she has been a Youth Mentor, Sunday School Teacher, and a member of the Church Board. An active member of the Clarendon Historical Society, she has helped to coordinate several Eagle Scout and other Scouting service projects such as painting the "Old Schoolhouse" and other historic sites.

She is a past recipient of the Cubmaster Award, Den Leader Award, Commissioner Arrowhead, Commissioner’s Key, and Distinguished Commissioner Service Awards, as well as the District Award of Merit.

John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. 

His passion and dedication to the Cub Scout program has helped to ensure that his pack has achieved more than 20 percent membership growth in each of the past three years, and is now the largest pack in Towpath District; this is especially notable since local school enrollment and overall Cub Scout membership has declined over that time. In addition to his local pack leadership, he stepped in to help with a neighboring town’s struggling Cub program, and served for more than two years as their mentor. That pack is now on a solid footing and growing in membership under its own trained leadership. His support for other packs helped him to be selected as a 2012 recipient of the Towpath District Award of Merit.

An avid outdoorsman and Geocaching enthusiast, he has been a member of the Allied Sportsmen of WNY for 15 years, and served as a Hunter Safety Instructor for 10 years. He has used those skills to benefit Scouting as well, first as the BB range officer for Towpath Day Camp, and more recently as Director for the Towpath Day Camp for the past three seasons as well as the upcoming summer season. He has routinely inspired more than 75 percent of his own pack to attend camp, and has also lent a hand as an indispensible member of the camp promotions team, using his infectious enthusiasm to help other packs to get their Cub Scouts to camp, all of which has helped the Iroquois Trail Council to lead the Northeast Region Area 3 councils in Cub Scout camping participation.

His son Nathan is now a 1st Class Scout and his grandson is a member of the Cub Scout pack. Together with his wife MaryLou, son Nathan, and daughters Amanda and Bonnie, our recipient is sure to remain a vital member of the local Scouting family for many years to come. 

Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40- plus years he has been involved in Scouting with three different local councils; Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.  His service includes tenure as a Scoutmaster, Troop Committee Member, Commissioner, Order of the Arrow Advisor, National Jamboree Scoutmaster and Commissioner, and coordinator or staff member for weekend events too numerous to mention here.

Currently a Unit Commissioner, he is also an active member of the "DeWalt Crew," helping with various camp improvement projects. Over the past several years, our Cub Scouts at Resident Camp and our 3 Day Camps have all benefitted from his handiwork, as he has taken on the majority of the prep work for camp crafts including shields, catapults, and other woodworking projects. 

His community service reaches well beyond Scouting. If you haven’t met him at camp, day camp, an Order of the Arrow activity or at a weekend event, it’s because he was either busy coordinating the Salvation Army Red Kettle drive or away from home together with his wife volunteering as a disaster relief worker after hurricanes and floods in Virginia, Florida, Texas, New York, or Alabama as part of the Salvation Army Disaster Team.

A member of the American Legion and active member of the Masonic Lodge, he also serves as a Trustee and Deacon of Batavia’s Emmanuel Baptist Church. In 2013 the Church recognized him with the Good Shepherd Religious Award.

A Wood Badge trained Scouter, he is a past recipient of the District Award of Merit, the Order of the Arrow Vigil Honor and Founders Award.

Iroquois Trail Council Celebrates Volunteer Service at Annual Dinner

At the January 31, 2015 Annual Awards Dinner the Iroquois Trail Council was pleased to recognize many individuals and units for their outstanding work to support our Scout youth.  

Thanks to the efforts of our 1,300 Scouting volunteers, the Council has much to celebrate.

  • The Council has earned the Gold Level 2014 National Journey to Excellence Award for service to youth and high program performance.
  • Local Youth Retention rates and market share lead all upstate New York BSA councils.
  • Summer Camp participation of local Cubs and Scouts leads all Upstate New York BSA councils.
  • Trained Volunteer Leader percentage has had a double-digit increase in the past two years.
  • Major investments in our camp properties continue to be fully privately funded.
  • The Council is financially sound with a balanced operating budget and capital budget.

Local Scouting Units were recognized in several categories:

Membership
Highest Youth Retention Rate - 2014 Charter Renewal 100% Pack 3023 Middleport

Highest Youth Retention Rate - 2014 Charter Renewal 90% Troop 4070 Geneseo
90% Troop 6066 Indian Falls

Largest Growth in Troop Membership Troop 4054 Castile

Largest Growth in Pack Membership Pack 3023 Middleport

Honorable Mention - Pack Growth of 10 or more youth Pack 4027 Caledonia
Pack 3067 Wilson
Pack 3018 Gasport
Pack 3071 Rapids

Advancement 

Highest Advancement Rate & Member Growth Troop 4748 Fillmore

Highest Advancement Rate & Member Growth Pack 3175 West Barre

Honorable Mention - High Advancement Rate Pack 3067 Wilson
Pack 3023 Middleport
Pack 3028 Medina

Camping
Highest Overall Percent Attendance at Summer Camps Pack 3004 Lockport

Highest Percent Attendance at Camp Dittmer Troop 28, Medina & Troop 6021, Le Roy

Highest Percent Attendance at Camp Sam Wood Pack 6650, Alexander & Pack 6066, Indian Falls

Honorable Mention - Overall Summer Camp Attendance > 90% Pack 3071, Rapids & 6069, Batavia

Popcorn Sales
Highest Average Sales per Youth Member: Pack 3004, Lockport with $490 per member
Troop 6067, Corfu with $507 per member
 

2014 marked the 8th consecutive year that Pack 3004 has set the pace for our youth members.

Pack 3004, Lockport also has the distinction of top sales of $22,000, which will go a long way to help them to fund an ideal year of Cub Scout program!
 
Pacesetters with the largest gain in sales: Pack 3006, Lockport; Pack 3071, Rapids; Pack 3062, Holley

High Sales Average Honorable Mention with sales of more than $300 per youth member:
Pack 3006, Lockport; Pack 3071, Rapids; Pack 6467, Pembroke; Pack 6069, Batavia

Webelos Scout Tyler Mutka (Pembroke Pack 6467) was recognized as our 2014 Top Popcorn Seller. Tyler’s sales of $4,238 have made him our top seller for four consecutive years. In addition to the dollars he raised for his Cub Scout program, Tyler is a member of the national “Trail’s End Scholarship Club.” A portion of his current and future sales will be invested by Trail’s End toward either college or technical education after high school.

14 local Scouts are now invested in the Trail’s End Scholarship Club. Cub Scout Ethan Nelson (Avon Pack 4026) and Cub Scout Cameron Kreger (Lockport Pack 3004) are newly enrolled in the scholarship program for their 2014 sales. Each had sales in excess of $2,500.


Friends of Scouting Pacesetters
Friends of Scouting Pacesetters: Pack 6019, Oakfield; 6017, Elba;
                                                                  Troop 6067, Corfu; 4054, Castile; 164, Albion

Veteran Scouters
Many Scouters were recognized with Veteran Awards for their long-tenured Scouting membership, including David Hawley (Warsaw) – 60 years; Ronald Schmidt (Batavia) – 30 years; Peter Scarborough (Gasport) – 20 years; Joy Costello (Nunda) – 5 years.  

Endowment – James E. West Awards
Council President Emeritus Dr. Thomas Madejski announced the upcoming launch of an Endowment Campaign. As a prelude to the campaign, Council President Robert Confer was pleased to recognize James Barrett with a James E. West Bronze award for an endowment gift in his honor. President Confer also presented Dr. Thomas and Sandra Madejski with the Gold Level James E. West award for their lead gift of $10,000 to the Endowment Fund. 

Thank you to Eagle Scout Spencer Cottman (Pavilion Troop 6016) for serving as emcee for the Awards Dinner.

Silver Beaver Awards
Three volunteers were honored with the Council’s highest award, the Silver Beaver Award. Honorees are Linda J. Wohlers (Clarendon), John G. Maier (Rapids), and Donald H. Morris (Batavia). 

The Silver Beaver is a National BSA award presented by the local Council for distinguished service to youth. Each of this year’s recipients is a long-tenured volunteer who has also made significant contributions by way of service to his or her local community. 

Linda Wohlers’ 20-year scouting history includes a variety of roles including Tiger Leader, Den Leader, Webelos Leader, Cubmaster, Commissioner, and Committee Member. 

John Maier’s Scouting history includes current roles as a Cubmaster, Troop Committee Member and Merit Badge counselor. A former Webelos leader, he is also an active member of the camp promotions team, district training team, and commissioner staff. 

Donald Morris has served the whole family of scouting with exemplary dedication. Over the past 40-plus years he has been involved in Scouting with three different local councils: Finger Lakes, New York; Blue Grass Council, Kentucky; and most recently Iroquois Trail.  

More detailed Scouting biographies are posted on the council Web site.

Law and Order: Women accused of forging and cashing benefits check

By Howard B. Owens

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

Fire reported inside residence on Olyn Avenue

By Billie Owens

An oxygen tank is reportedly on fire inside a residence at 4 Olyn Ave. City firefighters are responding. A neighbor called dispatch after the occupants ran out of the house screaming. "I don't know what you're going to find," said the dispatcher.

UPDATE 1:31 p.m.: Engine 11 on location and crew reports nothing showing.

Grand Jury Report: Man accused of choking 10-year-old child

By Howard B. Owens

Daniel J. Saeva Sr., is indicted on one count of second-degree strangulation and three counts of endangering the welfare of a child. Saeva is accused of intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck, causing stupor or loss of consciousness. Saeva allegedly choked a 10-year-old child Dec. 12 in the City of Batavia.

Joseph R. Kress is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kress was allegedly driving drunk Sep. 1 in the Village of Corfu. He's accused of having a prior DWI conviction in January, 2011.

Eric L. Jamalkowski is indicted on counts of aggravated unlicensed operation, 1st degree, and bail jumping. Jamalkowski is accused of driving March 22 in the Town of Le Roy while knowing his driving privileges were suspended or revoked. He allegedly had 10 suspensions on his license at the time going back to 2007. Upon his arrest March 22, Jamalkowski was released from custody and allegedly failed to appear for a subsequent court date.

Rion J. Pawlak is indicted on four counts of falsifying business records, 1st, and two counts of petit larceny. Pawlak is accused of submitting false claims for reimbursement on business-related purchase to his employer in the Town of Le Roy on four separate occasions in the amounts of $78.30, $57.30, $102 and $98.76. He's also accused of stealing an umbrella.

Coach Pero honored prior to Notre Dame girls basketball game

By Howard B. Owens

Former players, such as Laurie Call, above, and his son, Dave Pero Jr., paid tribute Friday night to Notre Dame girls head basketball Coach Dave Pero Sr. prior to the team's game against Holly.

Pero hasn't announced his retirement, but there's a suspicion that this will be his final season, so Pero Jr., wanted to have a ceremony to honor his father, whose teams have won four sectional titles and a state championship.

Pero said he hasn't decided whether to return next season. Right now, he's focused on getting his team through another postseason, which starts in a couple of weeks. "Whatever I decide, it will be best for everybody involved," he said.

Redband sets new school mark for single-game scoring as Batavia rolls over Irondequoit 71-49

By Howard B. Owens

A 10-2 team, a 9-1 team, expectations were high going into Friday night's matchup of Batavia and Irondequoit for an exciting game.

But fans got a different kind of thrill as the Blue Devil's leading scorer topped all of his previous bests and set a new school record with 51 points in the game as Batavia dusted Irondequoit 71-49.

The previous single-game scoring record for Batavia was set by Tom Hoitink at 45 in 1965.

Batavia led wire-to-wire, making the game a bit of a snoozer but for Redband's heroics.

Redband recorded a double-double, pulling down 14 rebounds to go with his 51 points. He was an astonishing 15-15 from the foul line and made six of his 12 three-point attempts. On field goals, he was 15-16. He also blocked a shot, had three steals and three assists.

No other Batavia player was in double digits in any other offensive or defensive category.

Jared Laskett hit three three-pointers to finish with nine points on the night. 

The win makes the Blue Devils 11-2 on the season.

Holland Land Office Museum celebrating 200 years of its historic building

By Howard B. Owens

The Holland Land Office Museum opens a new exhibit at 1:30 p.m., Saturday, to commemorate 200th anniversary of the building it calls home.

The building was the third location built by Joseph Ellicott for the Holland Land Office, where Ellicott and his agents sold property to Western New York's first settlers.

That's why they call it the "Birthplace of Western New York."

Some of those first deeds, called indentures, will be on display in the new exhibit, along with surveying material as well as other items that made the land office a land office.

The exhibit will cover the entire period of land office history, including the War of 1812 and the impact of the Erie Canel on WNY trade.

Some of the exhibits will be affixed to panels covered with carpet (the better to hold Velcro) donated by Max Pies Furniture.

There's also information on how John Kennedy, the local educator and education reformer, saved the building for Batavia when Henry Ford tried to buy it and move it to his property in Michigan.

The exhibit kicks off a series of bicentennial events, including in May the burying of a time capsule. 

Fifth-graders from throughout Genesee County are being invited to write letters to their future selves to be buried in the time capsule.  

Any local resident can include a letter or other small item in the time capsule. Call the museum at (585) 343-4727 for more information.

The museum was first dedicated Oct. 13, 1894, and it will be rededicated Oct. 13 of this year.

Photo: Jeff Donahue, museum director, Jim Owen, museum board member, Phil Pies and Steve Pies of Max Pies Furniture.

Sponsored post: What happened to dental insurance?

By Lisa Ace
Maybe you haven’t noticed, but dental insurance isn’t what it used to be. First of all, count your blessings if you have it at all, because fewer people have it now than 25 years ago. Secondly, insurance premiums have skyrocketed and dental benefits have not. And it is COMPLICATED!!! There are so many plans and each one is different. I can guarantee that the front desk people and office manager at your dental office are working hard to understand your plan and to maximize your benefits. What treatment does this plan cover? What’s not covered? What are my yearly maximums? My deductible or co‐pay? What are those and why do I have them? Does my dental office participate with this plan? Why does my plan say 100% covered and yet I still got a bill? It’s complicated. There is a link to our website and the answer to these questions and more if you are interested. 
 
On the other hand, dental insurance isn’t supposed to cover every dental need we have but it can help. Treatment can sometimes be spaced even over years to help utilize your insurance or if you have no insurance at all. There are other ways to help finance dental treatment as well. 
 
I wish everyone had wonderful dental insurance that covered every procedure and did not cost an arm and a leg. That’s a dream, but that doesn’t mean that one can’t still have a dream mouth. Remember that prevention is the best medicine and if you’d like some more answers please click on the link to our Web site. Good luck! Call Dr. Russell Marchese Jr. 585-343-2711, like us on Facebook for updates and for more information, visit our Web site: www.drrussdds.com.

 

Hotel robber found guilty by trial jury

By Howard B. Owens
Mark Maltese

The defense challenged the confessions of 44-year-old Mark Maltese to a series of robberies and a burglary in 2013; a jury yesterday found the Batavia resident guilty on all but one count on the indictment against him.

The jury went into deliberations shortly after noon Thursday, returned to the courtroom a couple of times to review video evidence and have transcripts read back, and then returned the verdict at about 4 p.m.

"Obviously, the key to the case is the defendant's confessions," said District Attorney Lawrence Friedman. "That's obviously the most powerful evidence we can have."

Maltese was found guilty of three counts of robbery, one count of third-degree burglary and second-degree criminal mischief and one count of grand larceny, 3rd.

A not guilty verdict was returned on one count of burglary.

The participation of Maltese in a burglary Nov. 27, 2013, of the Rent-A-Center in Batavia led to his arrest and helped investigators crack the case of three hotel robberies in Genesee County in the week prior to the burglary.

In confessions at the time of his arrest, Maltese told police he robbed the hotels because he needed money to buy crack cocaine. 

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Friedman said the defense challenged whether the confession was truly voluntary as well as some of the facts contained in the confession.

Maltese was also convicted of stealing a safe from a local residence, but he was not convicted of the burglary charge in that case.

Maltese faces up to 15 years in prison on each robbery count. Sentencing is set for March 4.

Planners look at how to make Batavia more attractive to Millennials

By Howard B. Owens

Millennials -- that generation born after 1980 but before the turn of the century -- came of age in a time of economic stagnation, fewer jobs, fewer chances for career advancement, lower pay.

Technology has ruled their lives.

They're getting married later in life, starting families later, and moving to smaller cities in droves.

Buffalo has attracted a 34-percent jump in recent college graduate residents, outpacing bigger cities such as Los Angeles.

All of these trends, and more, are attracting the attention of land use planners and informing a new way of looking at planning, said Felipe A. Oltramari, director of the the Genesee County Planning Department, during a presentation at City Hall this morning on the Millennial Generation.

There are 87 million people born in the Millennial decades, about 11 million more than were born during the Baby Boom years.

What they want out of life tends to be far different than Baby Boomers or even Gen-X.

To them, suburbs are dead.

A higher percentage of them than any previous generation have never had a driver's license. Often, they don't own cars.

They're more environmentally aware and socially connected through their digital devices.

The reason they're flocking to cities like Buffalo, Pittsburgh, Portland and Houston is they're more interested in deciding what lifestyle they want before deciding what job they will take, Oltramari said.

Sixty-four percent settle in a city before they get their first job offer.

"It's going to be a difficult job market any place you go, so you might as well go to someplace where you want to live," Oltramari said.

So why not go to New York City instead of Buffalo?

Because it costs a lot more to live in NYC than Buffalo.

So why come to Batavia instead of Buffalo?

Because, Oltramari said, eventually, as Buffalo attracts more Millennials, the cost of living will rise. Adjacent small cities such as Batavia can offer some of the same advantages of bigger cities, but at an affordable price.

Besides, Millennials are the coming economic driver, so Batavia should be planning to be the kind of community they want now; otherwise, we get left behind.

The planning model for this new urbanism is called "form based."

From the 1920s until recently, all planning was built around zoning codes -- what developers cannot do, not what a community wanted.

Planning zones were radically segregated, not just separating, say, residential from industrial, but apartments from houses, offices from retail space, artisans from factories.

Mix-use was a product of the organic growth of American cities in the 19th Century, but planners tried to stamp it out in the 20th Century.

In the post-War years, as suburbs grew and highways were built to accommodate the booming auto industry, planners replaced dense city blocks with strip malls and paved over culturally diverse neighborhoods.

Batavia, with its white elephant of a mall and Urban Renewal conformity, is an example of a city that lost its soul to parking lots and drive-thru restaurants.

"What planners tried to do was try to make our cities more like suburbs, and what did we get? Very bad suburbs," Oltramari said.

Form-based codes allow cities to set a vision for what they want to be.  

"Conventional planning looks at use, not at form," said Derik Kane, a senior planner for the county, and himself of the Millennial Generation. "In looking at use, you eliminated things you might want, such as small artisans when you moved out the industry, things like that that make an economy and a community. With form-based codes, instead of eliminating things you don't want, you say what you do want."

For developers, new construction and renovation of existing structures becomes a more streamlined process.  

A community with form-based codes doesn't need to require a developer to go through the current lengthy and expensive environmental review process, Oltramari said, because a conforming proposal will already fit within those environmental requirements.

"We need to be moving at the speed of business," said Chris Suozzi, VP of business development for Genesee County Economic Development Center. "Developers don't want delays."

The City Council has already approved funding for a new master plan for Batavia and City Manager Jason Molino said form-based codes will certainly be part of the discussion as the process moves forward.

Urban Renewal did a lot of damage to Downtown Batavia, but there are still positive aspects that can be enhanced.

Kane pointed out that experts in new urbanism recommend you build on successes, rather than trying to fix problems.

For Batavia, that success would center around Jackson Square, especially Jackson Street.

Oltramari suggested borrowing a page from a small Massachusetts city and building over a portion of the parking lot on the west side of Jackson Street and putting up a row of single-story, small retail shops.

Millennials want walkable communities -- remember, they often don't have cars -- which means density, and more retail on Jackson would give them what they want.

County planning is planning on bringing in a walkability expert this summer to study Batavia, but online resources such as WalkScore.com already give Batavia low marks.

On a scale that counts 80 as pretty good, very little of Batavia scores higher than 70 (my house, three blocks south of Downtown Jackson Street, scores 67).  

Greater density and more options downtown would help improve those scores, which Millennials look at when deciding where to live.

One issue planners might wrestle with is Baby Boomers still have an auto-oriented mindset. They demand parking. They expect to park right in front of the store they wish to enter. Any proposal to eliminate parking downtown is going to meet resistance, even as data shows it's not necessary.

People will park and walk, or just walk from their residence, if it's an interesting walk, Oltramari said. 

"Nobody wants to park on the far edge of the Walmart parking and walk to the store, because it's not interesting," Oltramari said. "But if you measure it, they probably walk at least twice that distance once they get inside the store."

People will walk for blocks and blocks at Disneyland, he noted, and then come home and complain if they can't find a convenient parking place downtown.

For Millennials, if they're living and working in a neighborhood they like, parking simply isn't an issue.

"The good news is, we know how to build this way," Kane said. "We built this way for centuries.  Your villages, your main steets, are all walkable places."

Copies of the slides used in Oltramari's presentation along with related material can be found on the Web page for the county planning department.

Law and Order: Woman accused of providing alcohol to four minors

By Howard B. Owens

Carolina M. Frias, 34, of West Main Street, Batavia, is charged with four counts of endangering the welfare of a child and criminal nuisance. Frias is accused of providing alcohol to four juveniles at her residence.

Kimberly A. Brodsky, 23, of Elm Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket. Brodsky turned herself in to Batavia PD. Brodsky's mother posted $250 bail.

Marene A. Donnelly, 29, of Oak Orchard East, Albion, was arrested on a warrant for allegedly parking after hours on city streets. She turned herself in to Batavia PD.

Kelly A. Kasper, 44, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. Kasper is accused of causing pain to a child during a domestic incident. She was jailed on $3,000 bail.

Kurt Wayne Tripp, 58, of Bernd Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take breath test. Tripp was arrested following a report of a vehicle on fire in a field at 7:53 p.m. Monday on Buckley Road, Stafford. It's alleged that Tripp drove a 2006 Chevrolet pickup while intoxicated when it travelled off the west shoulder of the road and eventually caught fire.

Task Force announces arrest of two suspected dealers

By Howard B. Owens
Joshua Baltz

A pair of investigations by the Local Drug Task Force has led to the arrest of two men, one accused of selling a controlled substance, the other of selling marijuana.

Busted were Joshua L. Baltz, 38, of Wood Street, Batavia, and Mark A. Knickerbocker, 17, of Route 262 in Byron.

Baltz allegedly sold a quantity of suboxone to an undercover agent on three separate occasions, once in Pavilion and twice in the City. 

He is charged with criminal sale of a controlled substance, 4th, a Class C felony.

Knickerbocker is accused of selling marijuana to a person under age 18 while in the Town of Bergen in May.

He is charged with criminal sale of marijuana, 2nd, a Class D felony.

The task force was assisted by the District Attorney's Office, uniformed deputies and Batavia PD.

Body of missing man found in field off Cookson Road

By Billie Owens

The body of an 84-year-old Batavia man was found in a field off Cookson Road late this morning following a search by state troopers and Sheriff's deputies.

Alphonse Spiotta was last seen by a family member yesterday evening, a trooper said. His daughter reported him missing this morning.

At around 10 a.m., a county road maintenance worker reported finding a car off the roadway at 4312 Cookson Road, Alexander, that crashed into a tree. No one was around the vehicle, which was just around the curve where Dorman becomes Cookson. The worker told dispatch he first spotted the vehicle yesterday.

About 10 minutes later dispatch got a call from a woman who said her father was missing and that he was last seen yesterday.

A State Police helicopter was dispatched to the scene, but officers found the body shortly before it arrived. Sheriff's and State Police K-9s assisted in the search.

The man's body was found along a tree line next to the field some 300 yards south / southeast from where the car was found.

Alexander fire and Mercy EMS also responded to the scene.

Batavia beats Lackawanna 73-32

By Howard B. Owens

With an offense that distributed the points a bit, the Batavia Blue Devils beat Lackawanna on Tuesday night in a non-league game, 73-32.

As usual, Jeff Redband led the team in scoring, this time with 20 points.  Mmalachi Chenault had 13, Jarred Lasket, 9, Ryan Hogan, 8 and James Schrider, 8.

Redband added eight rebounds and three assists and had a blocked shot. 

Batavia was 46.4 percent from the field and 81.2 percent on free throws.

Batavia is now 10-2 on the season.

Old Batavia Photo: Batavia Archers

By Howard B. Owens

Tony Mancuso shared with us another picture of old Batavia from his family archive. This shot is of a group known as the Batavia Archers. He doesn't know the year nor can he identify most of the people in the photo. He'd love to hear from anybody who can. His father, Joe Mancuso, is second from the left. The young lad looking like Robin Hood, near the center of the photo with the feather in his cap, is Jim DiSalvo, currently owner of Applied Business Systems and of the home on Fargo Road known for its annual Christmas lights display.

Attorney for Jacquelyn Deats plans series of pre-trial appeals to get charge dismissed

By Howard B. Owens
Jacquelyn Deats

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

Naysayers aside, BDC gave city a return on its investment in 2014, coordinator tells council

By Howard B. Owens

The City of Batavia has realized a 500-percent return on its $360,000 investment in community development, Julie Pacatte, economic development coordinator, told the City Council on Monday night.

The Council has authorized $90,000 a year over four years to the Batavia Development Corporation- that's $360,000. In return, the BDC has generated more than $2.1 million in public-private investment in Downtown.

Several of the projects managed by BDC were building owners constructing renovated apartments, all of which rented immediately.

But perhaps the biggest win is the renovation of the old Carr's Warehouse in Jackson Square.

The property sat vacant and deteriorating for three years. The city marketed the building as a revitalization project and eventually found a developer.

With the help of a $115,000 state grant, Paul Thompson and his partners invested more than $500,000 in constructing four apartments and a first-floor office area.

The vacancies were filled as soon as construction was completed.

The property was assessed at $30,000, but since it was a city-foreclosed property, it was generating zero tax revenue. Now it's assessed at more than $200,000 and on the tax roles. (The developer has the option to apply for a tax abatement by March under a municipal program that works like a PILOT, offering tax relief on the increase in assessed value).

The nine new residential units, using current economic models, are worth about $5,000 each in extra consumer buying power Downtown, Pacatte said.

Pacatte's job has been funded in the past through the use of revenue generated by Batavia Downs and transferred by the state to the city on an annual basis.

Since this is not general fund revenue, it doesn't have any impact on local property taxes. Even so, there is some question as to whether the current council is willing to once again use city money to fund the development coordinator's position.

Pacatte's Monday presentation could be seen as a pitch to save her job, but that didn't stop her from getting a little feisty. She was full of energy during her presentation, and when she spoke about negative attitudes, Councilwoman Rose Mary Christian challenged the remark and Pacatte shot right back with her own view.

The topic of the exchange was the mall, which Pacatte had already called a travesty and an embarrassment and one of the factors weighing down economic development in the city.

"I think maybe people have a negative attitude because they have heard the same old thing year after year," Christian said. "How many years have we heard we're going to do something with the mall. I've sat on this board for 24 years and I've heard year after year we're going to do something with the mall."

Pacatte responded that she didn't say the BDC was going to do something with the mall, just that the issue needed to be resolved.

The negative attitude discussion harkens back to a consultant report from three years ago, which Pacatte referenced, that said one of the things hurting Batavia is a persistent, nagging culture of antagonism to new proposals.

From the report (pdf; page 29):

... many residents and business leaders alike are quick to say what is right about the place, but only after they or others have said how it is not the community it used to be. This habit goes to the core of the challenge for Batavia. Regardless of how effective the city government is, or how successful the schools are, or how homeowners keep up beautiful homes, there is always the perception that things used to be better. This sets up an impossible goal: Batavia needs to be as good as its finest past features, but without any of its previous problems, and certainly without any of yesterday’s resources. It allows critics to say, “see, I told you so.” It lives on phrases like “that can’t be done,” and “we tried that,” and “here’s why that won’t work.” Until the community addresses this problem, Batavia won’t achieve its full and substantial potential.

Pacatte has succeeded in helping to bring new development to Downtown Batavia despite the naysayers. Each new apartment development was met by a wave of criticism and endless predictions that nobody would rent such high-priced units.

Yet, there are no vacancies. Landlords rent the apartments as quickly as they become available.

The Carr's project was roundly criticized, yet it's successful.

The negative attitudes are just something to try and work though as a professional, Pacatte said after the meeting.

"I think it's important to listen to what the community is saying, but we also have access and in our profession we understand that these projects do happen and happen a lot in other communities and there's no reason it shouldn't happen in Batavia," Pacatte said. "We bring the folks to the table who can make it happen.

"It's important to hear some of the negativity at the time to maybe rethink how we approach a project," Pacatte added, "but it's important to be a professional and understand that it is possible and persevere to that end. I was hired to impact the economic community in Batavia and I believe that's what I'm doing when I push those projects forward."

In 2015, the BDC will look to advance the Batavia Opportunity Areas, such as the Della Penna property on Ellicott Street, and right next to it, the Santy Tires property.

The mall fits in there somewhere, as well, though that is a much stickier problem with all of the competing interests and ancient animosities. Pacatte believes there might be an opportunity to apply for funding in 2015 through the Finger Lakes Regional Economic Development Council to pursue some sort of long-term solution.

She also sees as her job in 2015 an effort to foster a greater entrepreneurial spirit in Batavia, to coordinate and implement a new micro-enterprise grant program, and support an industry-specific incubator.

The BDC will also apply for more redevelopment grant money from the state.

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