batavia

In his State of the County address on Wednesday evening, County Legislature Chairman Ray Cianfrini said the City of Batavia has been "put on notice" about the county's desire to reduce how much sales tax revenue it shares with the city.

Reached later that evening, City Manager Jason Molino said, "I don't know where those comments are coming from because the City and the towns and villages have been very engaged in an open, constant and engaged discussion about these issues."

There is a working group of legislators, council members, along with two town supervisors and members of both county and city staff, who have been working diligently for months on a new sales tax agreement and water services agreement, Molino said. Cianfrini is a member of that oversight committee. 

Molino shared with The Batavian a 42-page PowerPoint presentation titled "20 Identities ... One Genesee County Community" that goes into comprehensive detail about the process, timeline, history of the issues involved, and milestones that need to be reached to hammer out a new agreement covering how sales tax will be allocated and water issues handled.

Molino said he thought the whole process over the past several months has been cooperative and productive but repeated several times over the course of the conversation, "I just don't know where he's coming from."

The committee had seemed to be on the same page, he said, about reaching a mutually beneficial agreement, taking into account the shared needs -- which includes a possible new jail and infrastructure repairs for roads and bridges -- facing all of the municipal entities in the county.

"We made it very clear in the beginning that bridges and roads and a new county jail is more than just a county responsibility," Molino said. "It's all of our responsibility. There is an ownership responsibility that we all agree we must find a solution together. It's been a very cooperative process with the staff and oversight committee."

Currently, the county sales tax rate is 4 percent. That revenue is shared with the city and other municipalities in the county. The city gets 16 percent of that 50 percent and the other 34 percent is split among the other entities. The 10-year agreement expires in a year.

In his speech, Cianfrini said the county is facing some difficult financial issues in the future and suggested the county needs to keep more of the sales tax revenue for itself. He noted that Genesee County's share is more generous than Orleans, Livingston or Wyoming counties. He mentioned specifically the need to fund a potential new jail, a cost of $34 million to $42 million, and the backlog in repairs to roads and bridges, at a cost of $17 million. 

"Negotiations for a new agreement began eight months ago, in July of last year, and the pace has been excruciatingly slow," Cianfrini said. "I can certainly understand the City’s desire not to have changes made to the agreement, but the needs of the county today and for the future are much different than they were when the last agreement was signed 10 years ago."

Cianfrini said changes need to be made that benefit the county.

"The county has put the city on notice that if a new agreement is not in place by February of next year, the county will consider the current sales tax sharing agreement to be terminated," Cianfrini said. "We await the results of the negotiations, but again, I want to be clear, time is of the essence and changes need to be made."

Among the milestones the oversight committee has agreed to, Molino said, is a review in May that will determine if any changes in the process need to be made. The May deadline was selected because if there is a new agreement, the state's comptroller needs six-months notice to implement changes.

The committee is also working on water supply issues for the county and the city, assessing the needs and challenges that may be faced in the future. 

The document outlining the scope of work for the committee recognizes that are different goals and needs for the various entities involved, and each faces significant constraints, such as reduced staffing, the need not to increase property taxes and growing expenses. It also lays as a ground rule for the committee's work that everybody is going to have to give up something -- the people involved must focus on the big picture. 

The oversight committee includes Cianfrini, legislators Bob Bausch and Marianne Clattenburg, council members Eugene Jankowski Jr. and Kathy Briggs, and representing the towns and villages are Darien Supervisor David Hagelberger and Bergen Supervisor Don Cunningham.

The working group, which meets regularly and reports back to the oversight committee, includes Molino, County Manager Jay Gsell, Assistant County Manager Matt Landers, Assistant City Manager Gretchen DiFante, County Highway Superintendent Tim Hens and City Director of Public Works Matt Worth.

If the process yields an agreement, the timeline for approval includes presentation to elected officials in each entity in June and approval by July.

"This was an approach that everyone bought into," Molino said. "Everyone is committed to a mutually beneficial agreement that benefits the towns and villages, the city and the county. Everyone bought into this and everyone was supportive of this process."

Click here for a PDF of the oversight committee document.

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One time when Shirley Taylor was pinstriping a man told her, "I've never seen anybody pinstriping like you before."

She knew the man wasn't being negative, but she still wasn't sure how to take the remark.

When the publisher of a UK-based hot rod magazine, "Pinstriping and Kustom Graphics," contacted her on Facebook and said she really liked her work, Taylor thought maybe she had found her own style that people like.

This month, Taylor is featured in that magazine, a bit of recognition only six years after she took up the art form.

"I always loved art, ever since I was a little kid," the Batavia resident said. "I’ve always loved painting and drawing, but I never knew about pinstriping until six years ago and I was first introduced to it. I never knew it existed."

Pinstriping is the art of creating designs using thin, precise lines, usually as decoration on objects. The art form is tied closely to hot rods and motorcycles, but pinstripers will also paint on sheets of metal and just about any object that might be of interest. Taylor's mailbox, for example, is pinstriped, and her collection of work includes Christmas tree ornaments.

She got started while attending an annual hot-rodding event hosted by her brother and a pinstriper there offered her a lesson. She's been hooked ever since, she said. After she learned the basics, she started to develop her own style.

When she attends the Syracuse Nationals this year, it will be her fourth year participating, painting panels along with pinstripers from all over the world. She said all of the items painted are auctioned off with the proceeds being donated to the Ronald McDonald House. Over the three days, she said, on average, they raise $75,000.

Last year was her first trip to a panel jam (a group of pinstripe artists gathering to paint) in Cleveland and she's been invited to an event in Chicago this year.

"It's a good community of people who come from all over the world for panel jams," she said.

Taylor's work can be found on her Facebook page.

Update, 11 a.m., Feb. 8:

Contacted by The Batavian this morning, Robert Chiarmonte, Mall Merchants Association board chairperson, would not comment on Tuesday's meeting.

"I've been advised by counsel (attorney) to not speak about the negotiations," Chairmonte said.

He did say that another meeting is planned and it will be "soon."

City Centre business owners and managers met Tuesday afternoon with Mall Merchants Association leadership and attorneys to learn the details of a proposal to end a 10-year dispute with the City of Batavia over the condition of the structure's roof.

A person close to the negotiations said a mediator had been called in to facilitate an out-of-court settlement over who is responsible for the maintenance of the mall's leaky roof.

City Manager Jason Molino said the two sides "continue to work toward a mutual agreement, with ongoing discussions" focused on settling the issue "outside of court, if possible."

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Marlek Holmes is facing the possibility of four different jury trials on Grand Jury indictments containing 30 counts of various sex offenses, District Attorney Lawrence Friedman said in County Court today.

There are six Grand Jury indictments, with two being incorporated into other indictments to create the possibility of four different trials on each set of charges.

"I haven't even thought about that yet," Friedman said when County Court Judge Charles Zambito asked him which case he will go forward with first if the 42-year-old Holmes doesn't accept a plea offer.

Friedman also revealed he hasn't even decided yet on what offer he might hand over to the attorney for Holmes, Gerard Roux.

A plea offer will be put into writing in the next few days, Friedman said, but Roux is about to leave on out-of-town travel so Holmes won't be back in court until 1:30 p.m., March 1.

At that time, Holmes will either be able to accept the plea offer or the first case will be set for trial.

If Holmes goes to trial and he is convicted, the registered sex offender is facing a potential sentence of life in prison.

The counts against Holmes include two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

Also in court today, also represented by Roux, was Marquis Saddler. The 26-year-old Saddler is facing felony burglary and assault charges for his alleged role in a home invasion attack in October on residents on Central Avenue, Batavia. Saddler's case was also continued until March 1 with the expectation that Friedman will have a plea offer ready before then for the consideration of Saddler and his attorney.

GLOW YMCA’s is kicking off its annual Strong Communities Campaign.

Part of the Y’s charitable mission is the philosophy that we never turn away someone with an inability to pay for membership or programs. To that end, we raise funds annually through the Strong Communities Campaign to help subsidize scholarships for youths, teens, adults, families and seniors in our community.

• This year’s campaign runs from Feb. 1st  – March 31st; 
• Our goal is to raise $36,000;
• We want to positively impact at least 700 people’s lives in the Greater Genesee Community;
• Reaching our goal will insure that children and families regardless of their socioeconomic status will have the chance to benefit from the important lessons of caring, honesty, respect and responsibility through YMCA programs and services.

We need your help! Please consider a gift to support us in achieving this goal and making our community stronger for all. To make a gift, contact Jeff Townsend, associate executive director at (585) 344-1664.

A person was reportedly attacked by a dog on State Street in the city and has multiple bite wounds. Police and Mercy medics are responding to 160 State St., lower apartment. The dog is now confined.

UPDATE 12:24 p.m.: An animal control officer is on scene and working to determine the status of the dog that bit a man. The dog is in the basement of the building where it lives. It is an older golden retriever/Labrador retriever mixed breed. It was playing inside with a newly acquired puppy that is a boxer mixed breed. The couple who owns both dogs was at home. The animal control officer said he was told the dogs have not been getting along well. Their play began to get aggressive and there was growling. The male resident tried to break up what became a dog fight and was subsequently bitten by the older dog, said the animal control officer. The man suffered bites on an arm and a leg, which will likely need stitches, and he was transported to UMMC.

Batavia High School senior Lexi Wahr took First Place in the individual routine competition this weekend at the Empire Cheer Competition. She competed against 15 other cheerleaders and had the highest all-around score. The individual routine is judged on jumps, dance and cheer.

Info and photo submitted.

Both sides have agreed to drop their lawsuits against each other in the years-long battle over who is responsible for the condition of the roof over City Centre, City Manager Jason Molino told WBTA this afternoon.

The City Centre Mall Merchants Association is scheduled to meet tomorrow to discuss a proposed settlement, according to a document acquired by WBTA.

The agreement will include an out-of-court settlement, Molino said, but he declined to reveal when the settlement will be made public.

The merchants have long maintained that the city is responsible for repairing the mall's leaky roof while the city has asserted that the mall association failed to keep up with routine maintenance. 

Via The Batavian's news partner, WBTA.

Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.

A lawsuit over the state of the dilapidated City Centre mall that began in 2008 may be nearing a settlement according to a source who provided information to WBTA.

The document is a notice for members of the City Centre Merchants Association to hold a special meeting tomorrow to discuss a possible settlement with the City of Batavia.

A vote on the possible settlement would reportedly come at a meeting on another date.

City Councilmembers have told reporters that there has been discussion behind closed doors about a possible resolution.

Via our news partner, WBTA.

Nicholas Sylvester Dinitto, 27, of Oak Orchard Street, Albion, is charged with petit larceny and possession of a hypodermic instrument. Dinitto is accused of shoplifting at Target. During the investigation by Deputy Andrew Hale, he was allegedly found in possession of a needle.

Jennifer Lyn Stack, 30, of South Main Street, Batavia, is charged with attempted criminal contempt, 2nd. Stack was arrested on a warrant out of Town of Batavia Court and jailed on $1,000 bail.

Jadon Lee Peoples, 20, of Main Street, Oakfield, is charged with unlawful possession of marijuana. Peoples was charged following a traffic stop for allegedly speeding at 8:06 p.m. Sunday on North Main Street, Oakfield, by Deputy Jeremy McClellan.

Felicia Renee Sherrell, 36, of Bloomingdale Road, Akron, is charged with DWI and driving with a BAC of .08 or greater. Sherrell was charged following a call to check on the welfare of a motorist stopped at the side of the road at 8:40 p.m. Saturday on Route 77, Alabama, by Deputy Richard Schildwaster.

Nicole Marie Capretto, 33, of Lewiston Road, Batavia, is charged with petit larceny. Capretto was arrested on a warrant out of City Court.

A 16-year-old of Lewiston Road, Batavia, is charged with criminal contempt, 2nd. The youth allegedly violated an order of protection.

Ralph Guy Chase Jr., 73, of Highland Drive, Dundee, is charged with possession of untaxed cigarettes. Chase was stopped for an alleged traffic violation at 8:59 p.m. Friday on Route 77, Alabama, by Deputy Richard Schildwaster and allegedly found in possession of 8,800 untaxed cigarettes.

A three-car accident with no injuries is reported in the area of 45 Ellicott St., Batavia.

Fluids are leaking.

City fire responding.

Press release:

The students at St. Joseph School look forward to Catholic Schools Week every year. This year the theme is “Catholic Schools: Communities of Faith, Knowledge and Service.

To kick off their fun filled week, Detective Schauf and Officer DeFreeze, from the Batavia Police Department, joined them for a Kindness Challenge. The students were reminded that acts of kindness can be big or small and are something that anyone can do at any time.

Throughout the week the students partake in many different fun activities not only at school but around their community. They visited Batavia Showtime for a movie, went bowling at Mancuso Bowling Center, ice skating at Falleti Ice Rink and visited the YMCA for a variety of fun activities. Their week concluded with a school-wide talent show.

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Thomas A. Carson, 40, of Wood Street, Batavia, is charged with first-degree coercion, fourth-degree criminal mischief, and criminal obstruction of breathing. Carson was arrested on Feb. 2 following a domestic incident at 4:59 a.m. on Wood Street. He was put in jail on $10,000 bail and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Eric Bolles.

Morgan L. Cox Sr., 48, of Dellinger Avenue, Batavia, is charged with third-degree menacing and criminal obstruction of breathing or blood circulation. Cox was arrested on Feb. 1 following an investigation into a domestic incident which occurred at 9:20 p.m. on Jan. 30 on Dellinger Avenue. Cox was put in jail in lieu of bail and was due in City Court on Feb. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole Salamone.

Shuvon J. Williams, 41, and Daniel M. Carter (no age provided), both of Hutchins Street, Batavia, are charged with second-degree harassment. They were arrested on Batavia City Court warrants issued on Dec. 30 in regard to an unspecified incident at 4 p.m. on Dec. 2 on Hutchins Street. They were both issued appearance tickets for Feb. 7 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Melissa M. LeSage, 37, of 31 Gilbert St. in Le Roy, was charged with DWI in the early morning hours of Sunday, Jan. 29, by the Le Roy Police Department. She was stopped at about 11:42 p.m. for allegedly speeding on East Main Street in the village. LeSage was found to be allegedly intoxicated. LeSage was also charged with DWI-BAC .08 percent or more, speed in zone, unlicensed operation, and aggravated unlicensed operation in the second degree. LeSage was issued appearance tickets and is to appear in the Town of Le Roy Court on Feb. 27.

Robin Dart, 44, of Carroll Lane, Commerce, Mich., is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, and driving without headlights. At 1:27 a.m. on Feb. 2, on Park Road in Batavia, Dart was arrested for DWI following a traffic stop for vehicle and traffic law violation. Dart was issued an appearance ticket for March 6 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Howard Carlson.

Nikayla Cheyenne Jackson, 19, of Slusser Road, Batavia, is charged with criminal possession of stolen property in the fourth degree. The defendant was arrested for allegedly taking and subsequently using her mother's credit card information to make unauthorized purchases at 9:40 p.m. on Jan. 15 on East Main Street in Batavia. Jackson is due in City Court on Feb. 21. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Ryan DeLong.

Brian J. Hawkins, 37, of Pries Avenue, Buffalo, is charged with prohibited sale of alcoholic beverage. Hawkins was arrested for allegedly serving alcohol to a person under 21 at midnight on Jan. 31 on Oak Street in Batavia. He was issued an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Darryle Streeter.

Jaylyn S. Strong, 21, of Holland Avenue, Batavia, is charged with failure to appear after an appearance ticket was issued. Strong turned himself in on an outstanding City Court warrant after initially failing to appear for a scheduled court date. Strong posted bail and was released on an appearance ticket for Jan. 31 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice.

Ian C. Lawlis, 36, of Central Avenue, Batavia, was arrested on Feb. 2 on an outstanding Batavia City Court bench warrant. It was for an unspecified incident which occurred at 12:52 p.m. on Sept. 24 on West Main Street, Batavia. He was processed at BPD headquarters and released on an appearance ticket for Feb. 7 in City Court. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Jason Ivison.

Join the Genesee County Master Gardeners for our first Garden Talk of the year, “A Photo Garden Tour of Hillwood Estates,” from 12:15 to 12:45 p.m. on Tuesday, Feb. 7.

Get rid of the winter blues with a look at Hillwood’s spectacular gardens which contain a diverse and fascinating array of plants. Nestled in the hills of northwest Washington, D.C., we will explore the beauty and tranquility of the formal gardens that were the vision Marjorie Post.

Bring your lunch to the CCE office (420 E. Main St., Batavia) and join us during the “lunch hour.” This series is free and open to the public. Registration is not required.

Other topics planned for the year include “Night Blooming Plants” on March 7, “Dahlias 101” on April 4, learn how to make a copper wire hummingbird feeder on May 2 and scouting for pests in the garden on June 6.

Future topics and other Master Gardener events will be posted on the Cornell Cooperative Extension of Genesee County website at http://genesee.cce.cornell.edu/ and also on our Facebook page at https://www.facebook.com/CCEofGenesee.

Press release:

Each new year brings with it the opportunity to recognize more outstanding community members for YWCA’s Women of Distinction Awards. Worthy candidates not only exemplify YWCA’s mission and vision but also represent a wide cross section of people working toward the good of others.

These awards are about honoring women while also serving to acknowledge all of those deserving people, organizations and businesses that help to eliminate racism, empower women and/or encourage economic independence, healthy relationships and a community free from violence.

Your nominations are wanted. Nominations are due March 1 and may be emailed to: jwalton@ywcagenesee.org or sent to YWCA of Genesee County, 301 North St., Batavia, NY, 14020. Please include your name and contact information, the award category, name of nominee, some background and reasons for your nomination.

“It’s hard to believe that we are here again seeking nominations for our six awards, but we are confident that this community is ripe with commendable candidates,” Executive Director Jeanne Walton said. “Please take a few moments of your time to think about those people, agencies and companies that cross your path. Have they made a difference? Is the community better for their good deeds? Then let us know!”

Traditionally a weekend event, this year’s Gala has been changed to 5:30 p.m. Thursday, June 15 at Genesee Community College, 1 College Road. The Women of Distinction Committee hopes that a weeknight will better suit people’s busy lives while still serving as a great time to showcase our local talent, dedication and philanthropic efforts, Walton said.

The selection committee is looking for nominations of men, women, companies and organizations that have gone above and beyond in the following categories:

Racial Justice: Supporting diversity through one's initiatives, philosophies and/or programs. This may include service in a leadership role, with commitment to racial justice and a high standard of courage, integrity and commitment to YWCA's mission to empower women and eliminate racism.

Economic Empowerment: Helping women to face the challenge of economic inequality or hardship. This is done with programs or initiatives that create opportunities for women to lift themselves from their current circumstances and gain more options to improve their lives.

Corporate Social Responsibility: Making a continuous effort to recruit, develop and promote a diverse work force and foster an inclusive  environment where women leaders thrive.

Military/Veteran: A veteran or related agency that has worked on behalf of veterans and continues to serve through civic, personal and/or professional improvements.

Advocacy/Civic Engagement: Working to make a difference in the civic life of our communities and developing the combination of knowledge, skills, values and motivation to make that difference. Promoting the quality of life in a community, through both political and non-political processes.

Peace: Striving to make the world a better place by emphasizing the importance of kindness, compassion and peace.

For more information, go to ywcagenesee.org or call (585) 343-5808.

Maggie Cecere, who set a school record in her senior year in soccer, made it official yesterday by signing her letter of intent to attend Kutztown University in Pennsylvania.

Kutztown is coming off a season where the soccer team was ranked #4 among Division II schools.

Photo: Zach, Kathy, Maggie and Peter Cecere; back row, Victor VanVliet and Roger Hume.