batavia

In a letter to his clients, an attorney for the Mall Merchants Association is trying to change the terms of an already finalized settlement agreement with the City in the long-standing legal fight over the past, present and future of the City Centre mall, said City Manager Jason Molino.

In a letter dated April 6 and provided to local media late Friday, Attorney Hugh C. Carlin said the settlement with the city was only tentative and that there were two significant issues still to be addressed.

He accused Molino of discussing the settlement with the media in violation of an agreement, but word of the settlement came not directly from Molino but was a matter of public record because it was on the City Council agenda the first week of February.

"The City has proceeded with every aspect of this matter in accordance with the settlement terms that were agreed upon by the City and merchants representatives in December," Molino said.

Molino had not seen a copy of the letter before it was provided to local media outlets.

The terms of the settlement were agreed to through an 18-month-long mediation process in which both sides ran up significant legal bills, Molino said.

"In that time frame, the merchants have changed attorneys several times, however after extensive discussions, both parties agreed to settlement terms which were outlined publicly in the city’s February presentation," Molino said.

In his letter, Carlin said there are two main factors of disagreement remaining between the city and the mall merchants. 

First, there is an issue related to easements for pedestrian and vehicle traffic for each property owner in the mall. The attorney also accused the city of using heavy-handed tactics to force a settlement by "hoarding" nine foreclosed properties and refusing to pay maintenance fees.

"During the negotiations between your representatives and the City, the issue of individual owners' rights to access their properties was not discussed," Carlin wrote. "In fact, the only restrictions on City property that were addressed related to the present contractual obligations of the City to maintain specific numbers of parking spots.

"The City now insists that, as part of any settlement, the easements be terminated," Carlin added. "The termination of the easements raises significant issues concerning your title. If the easements were terminated, your ability to refinance or transfer your parcel in the future would likely be jeopardized."

This misrepresents that facts, Molino said.

"It’s important to note that the first term agreed upon was the termination of all prior agreements, making them null and void," Molino said. "By the nature of terminating these agreements, all covenants, easements, and restrictions placed on real property associated with those agreements would be terminated as well.

"This included the concourse and city parking lots. For the merchants' attorneys to claim this issue was never discussed is simply not true as a third-party mediator, merchants' representatives and merchants' attorneys themselves all reviewed and approved the terms prior to an agreement being reached."

Carlin now says he won't support an agreement that changes the terms of easements. 

"The City's inexplicable and irrational proposal comes at a cost to the Merchant Association," Carlin wrote. "The City will give the inferior and unacceptable easement only in 'exchange' for a cost-sharing arrangement for roof repairs should the sum of those repairs exceed $650,000. As you may recall, one of the primary reasons for the merchants negotiating team reaching an agreement with regard to the settlement framework was the City's assumption of all costs relating to the roof replacement without any cap on costs."

As for the foreclosed properties, Molino said Carlin was also informed on state law regarding how the city is obligated to handle those properties.

"The merchants' attorney has been repeatedly advised that upon foreclosure of real property taxes under the Real Property Tax Law all prior rights, interests and restrictions of record are terminated in the parcel," Molino said. "Hence, under the RPTL the City has no legal obligation to pay the past or future maintenance fees on foreclosed parcels under the historic mall agreements.

"To suggest otherwise evidences a serious lack of understanding of municipal law practice and procedure. However, if the settlement agreement is executed and the concourse user fee law adopted, the City would pay future user fees on foreclosed parcels."

Molino said it is normally against city policy to discuss ongoing litigation in public, but given the nature of the misstatements by Carlin to his clients, he wanted to clarify matters.

"Unfortunately, it appears from this letter that the merchants' attorney is attempting to reverse, back down or change the agreed upon settlement terms between the City and Merchants Association," Molino said. "While this is concerning on many levels, most concerning is the merchants' attorney is preventing the City and Merchant Association settlement terms from being executed, stopping the City from moving forward with the needed capital improvements to the concourse.

"Furthermore, after having expended close to $90,000 in legal fees over the last year (over $200,000 since 2009) without a signed settlement agreement, the letter from merchants' attorney appears to be an unfortunate attempt to deflect attention and blame. Sadly, the significant expenditures forced by the merchants' attorney suit and handling have drained substantial funds from the group's budget, and away from repairs and improvements of the mall."

Despite the disagreements, both Molino and Carlin said they are hopeful the 2008 lawsuit filed by the merchants can be settled.

"We are obviously disheartened by the turn of events in this case, but will persist in efforts to remain hopeful that cooler heads will reach a settlement consistent with the terms negotiated and agreed to in December and presented to you in February," Carlin wrote. 

Molino: "Regardless of this setback, the City remains hopeful that despite the merchants' attorney's obstructions to the settlement process, the original terms negotiated in good faith between the City and Merchants Association will be executed in the near future, and the mall can be improved, adding value to the merchants' properties and open to the door to future revitalization in the City’s Downtown."

Jacob J. Russell, 21, of Walkers Corners Road, Byron, is charged with two counts of criminal possession of a controlled substance, 5th, two counts of criminal possession of a controlled substance, 7th, criminal possession of a weapon, 4th, unlicensed growing of cannabis, unlawful possession of marijuana. Russell was arrested Friday on a warrant by the Local Drug Task Force. He was allegedly found in possession of LSD and psilocybin mushrooms, and a quantity of processed marijuana and marijuana plants. Task force members also allegedly found two illegal knives and cash. Russell was arraigned and jailed on $7,500 bail. Additional charges are possible.

Charles "Gusto" Thigpen Williams, 38, of South Spruce Street, Batavia, is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Williams was arrested on a grand jury indictment for the listed charges following an investigation by the Local Drug Task Force. Williams allegedly sold crack cocaine at a location in the City of Batavia. Williams was jailed pending arraignment in City Court.

A two-car accident is reported in the area of 311 E. Main St., Batavia.

A first responder reports minor damage, no injuries.

City fire and Mercy EMS dispatched.

This is the winning picture in the NY-27 Congressional Art Competition, by Leah Buddenhagen, of Niagara Wheatfield Senior High School.

Buddenhagen couldn't be at the awards ceremony today at Genesee Community College because she was busy taking a college entrance exam.

Rep. Chris Collins was on hand for the awards ceremony and spent time touring the gallery and meeting individually with each of the students who were able to attend.

The were 71 pictures entered into the competition from high school students from throughout the NY-27.

The show was judged by Roz Steiner Art Gallery Director Mary Jo Whitman and GCC Associate Professor of Fine Arts Heather Jones.

Runner-up, by Maya Lake, Medina High School.

Madeline Keenan, of Batavia High School, in front of her picture, which received an honorable mention, with her family. The other honorable mention went to Zackary Dubel, Iroquois Central High School.

It's almost like it's a misunderstanding that a little bit of communication might clear up.

Patricia Dieck, a resident of Batavia, is worried about maintaining health care coverage for her family, which is one reason she was participating in a protest on East Main Street this morning, across the street where Rep. Chris Collins was meeting with members of his "coffee club."

Asked later about Dieck's concerns, Collins said the issues she raised wouldn't affect her family as New York residents.

Dieck said she is worried Congress might still pass the so-called "repeal and replace" bill for the Affordable Care Act, known as the American Health Care Act, and though the bill seems to be dead, she thinks Collins should listen to her on the issue.

"I have serious concerns," Dieck said. "I have a child who is on Medicaid who depends on it. I also have a child who has a pre-existing condition. Where is he going to get health care if that goes through? He (Collins) needs to start walking in our shoes and stop thinking like a billionaire."

"None of that is true because in New York, and in every state, the commissioner of health decides on the essential benefits package," Collins said.

According to Collins, many of the objections people had to the AHCA were based on a misunderstanding about how much responsibility for deciding coverage packages still resides with the states. 

"I would say she totally misunderstands what’s going on, which is kind of a shame because in many cases, these protesters are deliberately misleading people into things that are just not so," Collins added.

It's even a misunderstanding, Collins said, that he won't listen to constituents who disagree with his positions on this and other issues.

He just won't do it in the "town hall" format protesters are asking for because he doesn't think these events are productive.

"What folks are advocating for is more of an organized protest," Collins said. "They’re not interested in a conversation of any kind. I would rather spend my time meeting with constituents one on one, have them come in the office, or speak with groups at lunches and so forth, and open it up to any kind of questions."

Dieck said she and the other protesters don't believe their opinions matter to Collins

"We just want to be heard," Dieck said. "We want a chance to have a civil conversation with Chris Collins. Many people here have sent letters, we have called him, and we get no response. We’ve asked him to do a town hall. We understand he never did town halls before, but everyone else is doing them. We want one. That’s what the constituency wants, so we’re asking him to do one."

Collins disputes that constituent communication is going unanswered or unheeded. All calls, letters, and emails are tracked, he said. Staff will cull specific letters for him to see or provide summaries of constituent communications on issues. 

"I do get individual letters that I look at," Collins said. "I do trust my staff, we’ll call them a filter of sorts, but I’m comfortable that they don’t keep things from me.

"We absolutely track what comes in over the telephone," Collins added. "We track what comes in the mail. Sometimes it’s a postcard campaign and you can get 5,000 postcards, and you just treat those as they are, but we track as best we can the mood of our constituents."

Some of the communications end up in staff scheduling meetings with Collins in his office, but he said he thinks some people misunderstand how little time he actually spends in the district. The past several weeks, for example, he's been in Washington, D.C. Now he has two weeks home to travel the district and meet with as many people as possible.

He had two events in Batavia today, among 10 events in the district this weekend, and the coffee club meeting was the only one that was a campaign fundraiser.

Asked if she or any of her fellow protesters had protested at other fundraisers elected officials might have, such as a $500 or $1,000 per plate dinner for Sen. Charles Schumer, Dieck said she felt this event was different.

"This is a $55 coffee club," Dieck said. "My husband is a Republican and he wasn’t invited. It’s an exclusive club. I don’t think he (Collins) should be doing it. I think it should be open to everybody."

Collins said it is open to everybody.

"We want as many people as we can," Collins said. "It’s what we would consider a lower dollar event at $55 and that’s a year’s membership and we do 10 or 12 of these a year and we do them all around the eight counties. This is a not small group of special invitees. If somebody wants to join our coffee club, they should. I had 50, 60 people there. They asked questions. I answered the questions. I told them what’s going on in Washington. There could be Democrats there. There can be, whatever, there."

Staff made this video for the Mr. Batavia show last week showing just how happy they are to be working at the school.

The Batavia Rotary Club hosted its first meat auction Friday night at the social hall of Ascension Parish on Swan Street in Batavia.

About 300 people turned out, bringing their own snacks and meals, eligible for a cup of free beer with their entry ticket, and the chance to win packages of meat, from hamburger to bacon and steaks to shrimp. Raffle tickets could only be bought with single dollar bills and some tickets had more than one chance to win, with each prize often being available to more than one winner.

The event replaces the Rotary's Corvette Raffle, which was a major fundraiser for the club for years before concerns arose about tickets sales that were deemed in violation of state law. 

A motor-vehicle accident with minor injuries is reported at West Main Street and South Lyon Street in the city. Mercy medics and city firefighters are responding. 

Gregory Hallock, assistant director of GO ART!, reads off the winners Thursday night of the juried exhibition held by the arts council this month at the show's opening at Seymore Place in Batavia.

First Place, with a $200 cash prize, went to Conrad Borucki, of Alden. Joann Long, of Bloomfield, was second (both pictured below).

Third, Kevin Hammon and honorable mentions to: Rebecca Graham, John Hodgins, Lynnette Celedonia, Sabrina Ahmed, Brian Kemp, David Burke, Tracy Billings and Richard Ellingham.

GO ART! received hundreds of submissions under the theme "Art of the Rural." A total of 68 pieces were selected for the show, which runs through May 12.

Pictured with Hallock, Director Jennifer Gray and Board Member Mary Jo Whitman.

Karen Rolland, Joe Gerace's daughter, and Dave Chase serve up a plate of spaghetti on Thursday evening during the annual Joe Gerace Spaghetti Dinner, held at the Ascension Parish Hall in Batavia.

This was the first dinner, which is a fundraiser for Genesee Cancer Assistance, held since Gerace passed in November at age 80.

More than 40 volunteers helped make the dinner possible this year and nearly 900 dinners were served.

Lois Gerace said the effort was awesome and that her late husband would be impressed.

"I think he would be overwhelmed by the beautiful job they've done," she said. "They've really pulled together. It's a great crowd. It's great to be able to carry on something that he started that meant so much to him."

Press release:

The Batavia Business and Professional Women’s Club is announcing its annual scholarship and Community Service Awards and calling for applications. 

Scholarships are open to all Genesee County high school seniors (male or female).

The students need to have maintained an 85-percent average, need to complete the one-page application and attach a letter of recommendation from a school staff member. The students will also need to submit a personal essay discussing their achievements and future goals as well as an essay from a parent. The application can be found and printed at the Batavia Business and Professional Women’s website: bataviabpw.wordpress.com under the Giving tab.

All schools in Genesee County were emailed packages on this program in February. These included the eligibility requirements, guidelines and applications. Parents and students are advised to seek out their school’s guidance counselor/department to receive the needed information and application.

The Batavia Business and Professional Women’s Club has established a scholarship for a returning student from Genesee Community College as well. The recipient is chosen by a college representative and the award is applied to their account in the fall.

Recognition is also given to two outstanding students from Genesee Valley Educational Partnership in a form of cash awards for their outstanding scholarship performance.

The Batavia Business and Professional Women’s Club has given scholarships since 1961. The number and amount of scholarships given is dependent on the club’s annual fundraiser.

The Batavia Business and Professional Women’s Club will also offer monetary awards for service groups in June. Deadline for both the scholarship applications and the service awards letters are to be postmarked by Friday, April 14.

Please share with your local service groups that they need to send a short letter requesting to be considered for our service award on service group letterhead to:

Batavia Business and Professional Womens’ Club Service Award
PO Box 1778
Batavia, NY 14020

Any questions contact Peggy Johnson through email at bratvfm@hotmail.com or 585-409-8769.

Police are looking for a black male wearing a red hoodie who is wanted in connection with a disturbance reported about 10 minutes ago on Liberty Street.

He is believed to be heading toward Pringle Avenue. 

Police are tracking his footprints in the snow.

Police were originally dispatched for a disturbance with a report of a man holding a brick. He may have been threatening to damage a vehicle.

Adriann T. Smith, 36, of South Pearl Street, Oakfield, is charged with two counts of criminal sale of a controlled substance 3rd and one count of criminal nuisance 1st. 

Smith was arrested on a grand jury indictment that was the result of an investigation by the Local Drug Task Force into the sale of prescription drugs in the Village of Oakfield and City of Batavia.

She is accused of selling the drugs to a Drug Task Force agent. 

She was jailed pending arraignment.

Press release:

The Genesee County Chamber of Commerce’s new Visitor Center will operate with extended hours beginning Friday, May 26th, in time for Memorial Day weekend o- the “unofficial” start of the travel season.

The Visitor Center volunteer opportunity is open to any Genesee County resident or civic organization that would like to welcome our visitors, provide directions, or suggestions on places to visit or great places to eat. Volunteer shifts are two-and-a-half hours long and can be done on a weekly, biweekly, or as needed basis.

For more information – please stop by the Visitor Center at 8276 Park Road, or give Lauren Humphrey a call at 585-344-4152.

Stephen Everett Pike, 20, of Big Tree Road, Pavilion, is charged with fourth-degree criminal mischief. Pike is accused of driving recklessly in the parking lot of Pavilion High School at 11:30 p.m., March 11, causing his vehicle to strike the building, damaging it (previous report).

Tonya Marie Ficarella, 30, of Lovers Lane Road, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from Kohl's Department Store.

Robert John Leach, 56, of Lake Street, Le Roy, is charged with driving while ability impaired by drugs and inadequate plate lamp. Leach was stopped at 11:23 p.m. Saturday on Main Road, Stafford, by Deputy Ryan Delong.

A possible structure fire is reported at 3309 W. Main Street Road, Batavia. Smoke is coming from heating vents. A Sheriff's deputy is on scene and says the house is evacuated and that there's a vehicle with people in it in the front yard, but a flashlight is seen inside the residence. "Will be checking," he says.

Town of Batavia Fire Department is responding, along with East Pembroke and Mercy medics. The location is west of Wortendyke Road.

Leonard E. "L.B." Aguayo is indicted for the crime of criminal possession of a controlled substance in the third degree. It is alleged that on Feb. 11 in the City of Batavia that Aguayo knowingly and unlawfully possessed a narcotic drug -- crack cocaine -- with the intent to sell it, a Class B felony. In count two, the defendant is accused of the crime of criminal sale of a controlled substance in the third degree, also a Class B felony, for allegedly knowingly and unlawfully selling crack cocaine in the City of Batavia on Feb. 11.

Brian F. Kent is indicted for the crime of unauthorized use of a motor vehicle in the first degree, a Class D felony. It is alleged that on Sept. 5 in the Town of Le Roy that Kent, knowing he did not have the owner's consent, nonetheless took, operated and exercised control over a 2014 Toyota Highlander, with the intent to use the vehicle in the course of or commission of a felony or in the immediate flight from such action. In count two, Kent is accused of the crime of second-degree criminal mischief, a Class D felony, on North Street in the Town of Le Roy. In count two, he is accused of damaging another person's property in an amount exceeding $500 -- the front windshield wiper, passenger side rear and front doors, passenger side front quarter panel, hood, and the driver's door window of a 2007 Dodge Charger police four-door sedan, in the amount of about $3,183.68. In count three, the defendant is accused of another count of second-degree criminal mischief for allegedly damaging a 2014 Toyota Highlander, also on Sept. 5, in an amount exceeding $500. In count four, Kent is accused of the crime of third-degree criminal trespass, a Class B misdemeanor, for allegedly knowlingly entering or remaining unlawfully on real property, which consisted of a right-of-way or yard of a railroad or rapid transit railroad that is designated, and was conspicuously posted as a no-trespass railroad zone. In count four, the defendant is accused of entering onto and driving a vehicle at a high rate of speed on a posted railroad right-of-way in the Town of Le Roy. In count five, Kent is indicted for the crime of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count five that Kent damaged a gate of a chain-link fence located at Hanson Aggregates in the Town of Le Roy on Sept. 5.

Stacey D. Mancuso is indicted for five Class E felonies, all stemming from driving a 2010 Dodge on Pratt Road in the Town of Batavia on Dec. 4. In count one, she is accused of aggravated unlicensed operation in the first degree for driving while knowing, or having reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while under the influence of alcohol or a drug. In count two, Mancuso is accused of the crime of DWI for allegedly driving while in an intoxicated condition. In count three, she is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .18 percent or more at the time. In count four, she is accused of aggravated DWI for allegedly driving while intoxicated with a child age 15 or less as a passenger in the vehicle. In count five, Mancuso is accused of the crime of aggravated DWI, per se, for allegedly having a BAC of .08 percent or more at the time with a child age 15 or less as a passenger in the vehicle.

Gayno S. Standsblack is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Feb. 27, the defendant -- having been charged with or convicted of a crime and while confined in a correctional facility, in this case the Genesee County Jail, caused injury to a person and intended to do so.