batavia

On the morning of March 6, 29-year-old Ryan Shumway reportedly threatened Batavia Police officers with a knife.

This morning, Shumway was sentenced to one-and-a-half to three years in prison for the crime. The sentence follows a guilty plea June 23 to menacing a police officer, a felony.

The incident began when two police officers responded to a domestic dispute on Dewey Avenue, where Shumway, of Stafford, threatened the officers with a knife. The officers ordered him repeatedly to drop the knife before he finally did.

It's Shumway's second strike. He has a prior felony conviction for grand larceny, stemming for an incident in 2005.

Shumway told Judge Robert Noonan that he would like to turn his life around.

"Well, sir, I've been in trouble before and everything (I've) done, I pled guilty," Shumway said. "I'm looking forward to geting this behind me and, hopefully, this will be behind me and I can start a new, good life."

Noonan wasn't without sympathy, but also wasn't about to cut him any slack (the sentence Noonan imposed was arrived at through a plea bargain).

Noonan said there were two version of the events of March 6, but even the one that Shumway's friends and supporters agree on indicate Shumway was drunk and waving a knife.

When liquor and weapons are involved, Noonan said, it can be a scary situation, "no matter how good of a person you are or how good you want to be."

"All I can say to you sir, is that if you want to stay out of trouble, you need to stay away form alcohol and drugs or you’re going to get in trouble," the judge said. "You’re just one of those people, that if you get involved with alcohol or drugs, you’re going to get in trouble."

Noonan then imposed the sentence and within minutes Shumway was escorted from the courtroom and into custody by a bailiff.

Tonight in the studios of WBTA, Dan Fisher and I interviewed four of the at-large candidates for Batavia City Council.  Even though these races are not head-to-head, we're breaking the interviews up into pairs of one Republican candidate sitting with one Democrat.

First up where Sara Burk-Balbi and Marianne Clattenburg, and then Frank Ferrando and Phil Ricci.

The interviews will air starting at 10 a.m. tomorrow (Thursday). As soon as possible (it takes time to process the video), the video of the interviews will be posted on The Batavian. Ethan Thompson is producing the videos for us.

Engine 12 and Ladder 15 barely left the station for a fire alarm at 375 W. Main St. before a Sheriff's deputy on scene reported that the cause of the alarm was burnt food.

Within two minutes of arriving on scene, Ladder 15 returned to station.

UPDATE 9:57 p.m.: Engine 12 returning to quarters.

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The resident at 135 Walnut Street didn't want to discuss tonight the background behind this sign, but she's in a dispute with the city after Walnut was resurfaced, the front edge of her lawn was raised two or three feet. She wants a level yard again. The sign reads "Fix My Yard Right! Make it Flat Again."

UPDATE: I ran into Jason Molino at an event this morning.  He said this is a home owner issue. "It's restored to what it was before," Molino said. "We worked with her to improve the property and she doesn't seem happy with it."  Sally Kuzon was with Molino and they asked me how he street looked. I said, "It looks great."  Kuzon smiled and said, "Will you put that in, too."  So, Sally, there you go.

Thirty one adults with mental illness, all currently residents of group homes in Darien and Pembroke, will soon have a chance to begin new lives of independence and a degree of self care.

They will be moving into the attractive new housing facility being built at 559 E. Main St., Batavia.

The new living arrangements are a result of new thinking in the treatment of mental illness: People can be cured, and their best chance at recovery is through independent living.

Living Opportunities of DePaul, in Erie County, is in charge of the $6.6 million project. It's one of several branches of DePaul in Rochester, a 51-year-old community service nonprofit for Western New York.

The project is expected to be finished early next year and will accommodate people whose primary diagnosis is mental illness and they are working to recover from it. They are not MICA -- mentally ill with a chemical addiction(s), said Marcia Dlutek, DePaul's vice president of communications and development.

In addition to the 31 "licensed beds," 11 more units are designated as affordable housing for low-income individuals.

Two aspects of this project are particularly notable: it will provide individually tailored assistance to mentally ill people living in their own apartments, versus communally in a group home; and it operates under the relatively new premise that mental illness is sometimes curable.

The approach is worlds apart from 20 years ago, when groups homes began to flourish in response to the downsizing or closure of many large mental health institutions nationwide. Advances in psychopharmacology and findings in behavioral science research have modified approaches to treatment as well.

"Other modes of community housing are deemed more appropriate for recovery for  people living in the mental health system," Dlutek said. "Clients want to live alone rather than in communal living areas.

"This is a new approach. It is person-centered, recovery-oriented -- a housing option that will truly benefit them."

They will have access to 24-hour staffing, medication, life-skills assistance with such tasks as meal planning and budgeting. Plus, the location was chosen because of its easy and convenient access to transportation, stores, businesses and social services.

"It's really going to provide integrated housing for mental health consumers," she said. "We're very excited about this project. It took a lot of collaborative effort to accomplish, between our organization, the (NY) Department of Mental Health, the city, the county and the Economic Development Center.

Located next to East Town Plaza, the 43,000-square-foot, two-story complex covers 5.7 acres of prime city property. As it nears completion, it's shaping up to be an inviting design with curb appeal and solid structure -- certainly a far cry from the drab, institutional-looking warrens historically built for the mentally ill.

(However, it also seems a somewhat "boutique" alternative given the cost for housing just 31 mentally ill people, out of the many eligible.)

Since nonprofits are not required to pay property taxes, the GCEDC worked out an agreement wherein DePaul will pay $12,000 a year in lieu what the city could get from commercial or residential development..

Funding for the housing center came primarily from the state Office of Mental Health and the Department of Housing, Community Renewal Division. The design work was done by Parrone Engineering of Rochester and Lecesse Construction Corp. in West Henrietta is the builder.

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Trucks weighing more than five tons are supposed to drive down Law Street, but according to City Councilman Frank Ferrando, over the past eight years complaints from Law Street residents have continued, and he's skeptical that enough is being done to correct the situation.

It's time to get tough, he said at the end of last night's council meeting.

"If there are police there and there is an overweight vehicle, my feeling is, that overweight vehicle ought to be ticketed. Period," Ferrando said. "It ought to be ticketed and ticketed until word gets around that you better stay off the street or you’re going to get a ticket."

According to Chief of Police Randy Baker, however, that's the job his department has been doing.

"There have been numerous special details and zone cars assigned to the area," Baker said in an email this morning. "Several tickets have been issued."

Is consolidation a dead issue?

City Council President Charlie Mallow thinks so.

He thinks so after, for a second time, the council tabled "indefiniately" a resolution to hold a public hearing on a proposed joint charter review commission.

“It’s a political maneuver to kill something permanently without actually going on the record and voting against it," Mallow said after the meeting. "We’ve had things in the past, you know, we’ve had all this controversy about that slumlord act that was tabled indefinitely. It’s killed. It means you voted against it but you don’t want the public to recognize it. That’s what happened here tonight.”

The resolution, while moving forward the idea of consolidation of the city and town of Batavia, would hardly have committed either community to joining forces in a single municipal body. It would have simply allowed a joint committee to come up with a plan of what a consolidated Batavia might look like as a legal entity.

It was clear from the motion of of Councilwoman Rose Mary Christian that at least some of the council members who voted to table the motion did so as a maneuver to block further consolidation talk.

"I have a problem with it simply because once it takes effect, there’s no turning back," Christian said. "The fact is that consolidation is good, but, I don’t see why we can’t have shared services. We can share facilities. We can share equipment. Why do we need consolidation?"

Councilwoman Kathy Briggs said after the meeting, however, that most of the council was focused on language in the resolution that would have had the city council president sitting on the committee, and many council members think that job should go to the new council president, whomever that might be, once Mallow is out of office and a new council is seated among a group of people who would appoint committee members. They want the new council president, whomever that might be, be part of that process.

City Manager Jason Molino told the council that Town of Batavia officials are interested in revising the resolution anyway to clarify some of the language and add a little more substance.

"They want to add more specifics on the parameters of what committee with do," Molino said.

Councilman Frank Ferrando didn't sound hopeful that consolidation would move forward.

“I hope that there’s support, because that’s an important move that this community has to make," Ferrando said. "Right now, it’s hard to read."

It was Ferrando who requested the resolution be placed back on the council agenda after it was tabled two business meetings ago.

"When you table something, you don’t table it into perpetuity. It has to come back again," Ferrando said. "I haven’t heard a good reason yet as to why we’re not moving forward."

Ferrando indicated that he'll take the next opportunity -- the next conference meeting -- to get the issue before the council again.

Councilman Bob Bialkowski raised the first procedural question after Ferrando finished speaking. He seemed to think that tabling it previously killed it. City Attorney George Van Nest said there was no procedural reason -- nothing in Roberts Rules of Order or prior council practice -- to prevent the council from taking action on the resolution.

Councilman Bill Cox also raised procedural objections.

Mallow was having none of it and accused his fellow council members of being cowards for not taking a yes or no vote on the resolution.  He said killing consolidation without a vote was a waste of state taxpayers money (a state grant paid for the consolidation study) and that council members owed it to citizens to give them at least a chance to discuss the idea.

"If you don’t want this, vote against it," Mallow said. "Vote against it. We owe that at least to the members of the public, but you don’t even want to give the members of the public and the people in this city the right to even talk about this issue?  That’s stealing the state’s money. That’s stealing taxpayers money. Let them talk about it. Let them come up with a proposal.

"Fear of change," Mallow added. "We all have little seats here on council. Maybe they don’t like us. Maybe they don’t like the idea that we have a city council. Maybe they’ll change it. Maybe they’ll give us a mayor. Who knows what they’ll do? That's the fear. That’s the fear of the unknown."

Christian's motion to table, passed 6-3, with only Mallow, Ferrando and Councilwoman Marianne Clattenburg voting to keep the issue alive.

Barbara Hale, executive director of the YWCA, receives a City Council Resolution from Councilwoman Marianne Clattenburg. Hale and the YWCA were honored for the Y's work on behalf of victims of domestic violence. The Y's program has been in place for 15 years and is the only local provider of domestic violence services such as counseling and advocacy.

Well, I guess we could all see this coming, and within the past couple of months it seemed pretty inevitable as work crews stripped the building of pretty much all equipment and furniture, but the former Mother's Chicken-N-Fish location is for sale.

It's too bad. At one time, it was a great place to eat.

A bicyclist has reportedly been injured -- no word on how seriously -- after being struck by a car at Summit and North streets.

Mercy EMS and Batavia PD are in route.

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There's no executive session scheduled for tonight's City Council meeting.

That's not usually noteworthy, except the last time the council met, several members were upset. A citizen complaint about City Manager Jason Molino, including a copy of the letter and the citizen's name, had been leaked to the Daily News.

The leaker has not yet been identified, and some council members have expressed a reluctance to meet in closed session so long as one of their own appears to be untrustworthy.

So, we emailed City Council President Charlie Mallow, who previously vowed "no closed sessions during the remainder of his term" and asked him where he stood on closed sessions now, and the status of the complaint issue.

Here's his response:

I will deal privately with the letter, the review and the citizen complaint. The issue will be closed out by the end of the week. I will not be issuing a press release or discussing this issue further.
 
As I have stated before, a majority of Council is unwilling to speak about these issues in a group setting. Individual Council people have the right to speak to the city manager at any time and I have asked them to do so privately about any matter they wish. If we have need for an executive session about another issue, it will be scheduled. If there are updates in the future of a sensitive nature, that can be done one-on-one. There are no votes that take place in executive session; all decisions are made in public.

Here's what's on the council agenda tonight at 7 o'clock in City Hall:

• A resolution to schedule a public hearing on forming a joint charter commission with the Town of Batavia as a prerequisite to consolidation.
• A resolution to declare three DPW vehicles as surplus.
• A resolution to accept a $20,000 grant appropriated by Sen. Mike Ranzenhofer.
• A resolution to schedule public hearings on CDBG (Community Development Block Grants).

Manuel Zuniga Perez, 28, of 10248 Brookville Road, Alexander, is charged with DWI, unlicensed operation of a vehicle, and two counts of endangering the welfare of a child. Perez was stopped in the City of Batavia by Officer Chris Camp after a domestic dispute was reported at his home in Alexander. Perez reportedly had two children in the car with him at the time he was stopped. He was jailed on $2,000 bail.

Brian M. Raphael, 21, of 4 Noonan Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a weapon. Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia. Upon his arrest, Raphael was allegedly found in possession of a collapsible billy club.

Michael D. Snyder, 37, of 679 E. Main St., Apt. 4a, is accused of criminal contempt and harassment. Snyder allegedly violated the terms of an order of protection by shoving his girlfriend. He was jailed without bail.

Timothy P. Tucker, 35, of 12 Ellicott St., is charged with DWI, refusal to take breath test, failure to stop for a stop sign, speed not reasonable and prudent, improper turn and leaving the scene of an injury accident. On Sunday at 1:48 a.m., Tucker allegedly ran a stop sign from northbound Union Street at Oak Street. His vehicle reportedly continued through the intersection until it hit a tree. Officer Dan Coffey reports that Tucker allegedly fled the scene on foot. His female passenger suffered minor injuries in the accident. Tucker was found a short time later at his residence, according to Officer Coffey.

James Frank Webb, 27, of 10215 Colby Road, Darien, is charged with criminal contempt and harassment. Webb is accused of violating an order of protection that barred him from contacting a particular person. He allegedly called that person on the phone.

Shaundalee M. Hill, 20, of 81 Lyncourt Park, Greece, is charged with DWI and driving with a BAC of .08 or greater. Hill was arrested by Deputy Tim Wescott after Hill was reportedly involved in a one-car accident Fisher Road in Oakfield at 6:46 p.m. on Friday. Hill was also charged with unlicensed operation of a vehicle and having an open container.

Adam M. Ganzhorn, 25, of Town of Batavia, is charged with obstruction of governmental administration and filing a false report of an incident. He was arrested at 4346 Batavia-Elba Townline Road by State Police and jailed on $2,000 bail. No further details available.

Christopher A. Saddler, 25, of Albion, is charged with petit larceny. Saddler was arrested in the Town of Batavia by State Police. No further details available.

Michelle and her children

Psalm 19-21 NIV

But you, O LORD, be not far off;
       O my Strength, come quickly to help me.

20 Deliver my life from the sword,
       my precious life from the power of the dogs.

21 Rescue me from the mouth of the lions;
       save  me from the horns of the wild oxen

Meet Precious; yes this young pup’s name is Precious. Precious was with us this past Saturday at Central Avenue for Saturday morning grocery distribution and prayer time.

All our lives our precious, whether we believe it or not. I for one am continuing to learn how precious my life is. More importantly, I have come to learn how precious Jesus sees me as.  As the Care-A-Van team and volunteers shared of God’s love on Saturday, we saw and heard of many hurts and pains. We heard the cries of many wondering where they were going to get their strength from and who in the world could save them from all they were going through.

Terrible things had happened to them, many are caught up in bondages of life with different addictions, hurting wounds of past abuse and much more. Care-A-Van continues to go forth each Saturday to bring the good news of our saving Jesus. He can deliver their “life from the power of the dogs”.

Our hearts were touched late in the morning as a grandmother of 10 arrived. As she looked through the clothing donations, she shared of her concerns for her grandchildren. She was especially concerned for one grandson who is 13 years old. She asked for prayer. The volunteers all gathered around her and Elder Ron prayed for her grandchildren.

The Lord fed 34 precious families with 73 precious family members.

Last Thursday when the bus was out on in the city, we had a young father with 3 children come on in need of food and prayer.

He will rescue them from oppression and violence, for precious is their blood in his sight. (Psalm 72:14)

Yes, Jesus uses you and Care-A-Van Ministries to help rescue the precious lives here in the city of Batavia. We cannot save them, but Jesus can. However, we can go forth and share that God cares and they are precious in his sight.

A special thanks to Sacred Heart for the donation of food they dropped off at the bus Saturday morning. Thank you to all of you for your continued support of prayer, finances and sharing of your time to make a difference in these precious lives.

 On Thursday evening the bus will be out for the mobile movie and coffee night.

On Saturday, October 17th we will be at 193 South Main Street Apartment complex for grocery distribution, 10:30-Noon.

 ( Well, some of us will be, this PR director will be busy moving to her new apartment that God has blessed her with, oh and inside scoop .. Bridget is an awesome interior designer as well!  She was busy tonight rearranging some things at my new home)

On Monday, October 19th we have been invited to be down town Batavia at Mane Attraction for Ladies Night Out!

You are all awesome! I also just want to say thank you for your words of encouragement when you see us out and about! Bright!

Have a Blessed Week and Keep that Light Burnin