batavia

Batavia residential homes and apartments will need to pass regular inspections -- either every 36 months or at the time of sale -- according to a proposal being put forward by the city's Neighborhood Improvement Committee.

The proposed ordinance changes would create a Residential and Rental Occupancy Permit that would be required on all rental properties, with a three-year renewal cycle even when the home or apartment doesn't change occupants. The permit would also be required whenever a single-family home was sold.

"This is important for the city itself because everything seems to be deteriorating," said committee chairwoman Karen Valle. "The housing stock is old. Almost half, if not half of the housing stock is income property. A lot of us are property owners, myself included, who are sandwiched in between a lot of income property and we've gotten swallowed up by the constant rotation of tenants who don't care about where they live. They take no responsibility for their actions or the property in which they live, so it's making us lose value in our property."

Committee member Anne Baron added, "There are too many people who live in the community who do not have the community's best interest in mind. They treat (property) as nothing."

The proposed changes will give city officials greater authority to get into homes and inspect them for safety issues as well as compliance with a range of city building and occupancy codes.

Terry Platt, who owns many rental units in the city and serves on the committee said the proposed changes will help protect property values and ensure people are living in safe and clean neighborhoods.

Under the terms of the proposed codes, landlords will need to register their tenants with the city so that city officials know who is living at a particular residence, allowing the city to more easily hold tenants accountable for home maintenance issues that are solely their responsibility.

"At this point right now everything falls on the landlord." Valle said. "There's a lot of quality of life issues that should be addressed by tenants."

When things do need to be handled by a property owner, the committee wants to ensure a person responsible for the property is easy to reach and has the ability to deal with the issues. Under the terms of the proposed changes, any landlord who lives outside the area will be required to register an "agent of record" who lives in Genesee County and will assume responsibility for the property.

The proposed changes are being sent to City Attorney George Van Nest, who will formalize the language and submit it to City Manager Jason Molino for review. The committee hopes a vote on the proposed changes will come before the City Council before the end of the year.

City Council President Charlie Mallow said it's time for the city to crack down on property owners and tenants who don't take care of their dwellings. After years of dealing with budget issues and other problems in the city, it's time, he said, for the City Council to take action to help clean up the city. (Audio Statement)

Valle agreed and said it's important to help residents understand that they're more than just occupants in a building when they move into Batavia.

"There's no respect for neighbors," Valle said. "I keep telling tenants when they moved in next to me, you didn't move into a house. You moved into a neighborhood. You have to respect the people around you and you have to respect the neighborhood."

Last night's consolidation meeting at Batavia High School wasn't much like the consolidation meeting earlier in the month.

Where the previous meeting was dominated by Town of Batavia residents who forcefully opposed even the suggestion of getting hitched to the city, last night there were many more reasoned voices, both from town and the city.

Outside of Ed O'Neil citing a straw poll that seemed to indicate widespread opposition to consolidation, the majority of speakers where either more interested in asking questions and at least entertaining the notion that consolidation might make sense.

If all you knew was the first meeting, you would feel assured that any consolidation vote in the town would go down in flames. If you listened fairly to last night's crowd, you might think, "well maybe this thing has got a chance."

Not, mind you, a strong chance, but a chance.

"We have a lot of different opinions here in this room tonight, a lot of different thoughts," said town resident Rick Gilmartin. "I think we can all agree on one thing -- it's that taxes are a burden in this state. If we can find a way to have less government instead of more, and if there are efficiencies to be gained by consolidation, then I think we need to look hard at that."

More than one person pointed out that for all the concern from town residents about city debt and expense becoming a burden for town residents (which shouldn't happen under the proposed tier system), the town is fairly dependent on the city for many services and facilities, such as the library, water, UMMC, GoArt, a good number of tax-exempt church properties and many businesses that town residents frequent.

There already is one Batavia. There just isn't necessarily just one government.

Here's a few audio highlights from the meeting:

• Ed O'Neil and John Gerace
• Bob Zeagler
• Hezekiah Webster
• Steve Hyde
• Unidentified City Resident
• Rick Gilmartin
• Abbie Dayland

June Lee, left, and Janet Lee were outside of the Masonic Template 200 E. Main St., which also happens to be the location of The Batavian office, this afternoon, so I asked what was going on.

"We're waiting for the photographer from the paper," June said.

"Well, how would you like to have The Batavian take your picture, too?" I asked and she said "sure."

The book sale, sponsored by the Batavia Chapter of the Order of the Eastern Star, is Thursday and Friday, 9 a.m. to 5 p.m., "rain or shine."

Proceeds will benefit various local charities.

One thing I was curious about: Whether Batavia has chapters of Demolay (I was a member for a short time in my youth), or Rainbow Girls.  The Lees said there is an effort ongoing right now to reconstitute a Rainbow Girls chapter in Genesee County.

A Batavia man is accused of shaking a baby so hard that he caused serious injuries to the 15-month-old infant.

Dietrich Williams, of 14 Hutchins Place, Batavia, was indicted by the grand jury yesterday on charges of assault in the first degree and reckless assault of a child.

The incident allegedly occurred around June 20 or June 21.

Williams is being held in Genesee County Jail without bail.

The indictment reads that Williams acted "under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created grave risk of death to another person, and thereby caused serious physical injury to another person.

Williams reportedly slammed or threw the child "so as to impact the child's head on a hard surface."

The baby has not been identified nor were details supplied on the nature and extend of the infant's injuries.

Arraignment has been set for July 7 at 9 a.m. in County Court.

Dennis M. Abrams, one of the three men accused of robbing the M&T Bank in Elba on June 18, was, according to his attorney, a respectable, upstanding, taxpaying citizen prior to the alleged crime and subsequent chase and six-hour manhunt.

Abrams reportedly has no prior criminal record, is employed full time (with a collections agency that is supposedly keeping his job open for him), married and expecting the couple's first child in a month on their fourth anniversary. Abrams is also a foster father to his wife's nieces.

Yet, Dennis M. Abrams, 26, is also accused of using a pistol he bought and registered to put a teller "in fear of her life," according to District Attorney Lawrence Friedman.

In his written confession, Abrams reportedly admits to waiving his gun in the air inside the bank. Friedman said a teller tells a different story. She said Abrams pointed the gun at her head.

Friedman said Abrams admitted to hatching the bank robbery plan and driving his vehicle to and from Elba, after removing the license plates to help avoid identification.

Abrams, and co-defendant Demone D. Dillon, 25, both plead not guilty to three counts each of robbery. The third defendant, Michael J. Wells, 24, appears in court to answer the charges on Monday.

They are both being held on $250,000 bail and $500,000 bond.

Abrams has retained renowned defense attorney Paul Cambria, who is currently also representing Scott Doll, who is accused of killing a business associate in Pembroke. Daniel Killelea appeared today on behalf of Cambria.

With at least a dozen friends and family members, as well as his pastor, present, Killelea tried to convince Judge Robert Noonan to reduce his bail to $25,000.

"I think Mr. Abrams isn't typical of a defendant who stands before the court accused of bank robbery," Killelea said. "He has an actual life beyond the charges currently before the court."

Killelea also noted the Abrams gave himself up within 15 minutes of the manhunt starting and cooperated fully with law enforcement from the moment of his arrest.

Friedman countered that Abrams is accused of being the mastermind, the getaway driver and the man who owned and used a loaded handgun to help commit the crime.

"I'm confident in the strength of the people's case," Friedman said. "Mr. Abrams gave a full written confession. I find it hard to believe that a reputable collections agency would continue to keep him employed."

Noonan said that while he was mindful of Abrams clean background, he had to take into consideration the nature of the crime.

"I'm extremely shocked that a licensed handgun was used by the licensee in such a brazen manner," Noonan said. Noonan said that in 30 years he's only seen a licensee us his own gun in a crime once. "This never happens," Noonan added.

The trio allegedly left the bank with more than $20,000, according to Friedman.

Abrams' uncle, John Abrams, was among the family members in court. He seemed eager to talk about the case, but was advised by Killelea not to speak with the media. John Abrams -- who is reportedly in law enforcement and showed up at the State Police Barracks in Batavia during the manhunt to encourage Dennis Abrams to continue cooperating with the police -- did say there are two sides to the story and more to the case than what has come out so far.

Contrasted with Abrams, Dillon does reportedly have a prior record. He reportedly also has parole and probation violations in his past.

One of the highlights of summer in Batavia is just around the corner: The Ramble Music & Arts Fest is set for July 11, opening at 11 a.m. with local author Bill Kauffman setting the stage, so to speak, with opening remarks.

This year, there will be 24 bands and performers on two stages, along with artists, poetry readings, food and an area for children's chalk art.

"A lot of people think that Ramble is just a reunion for the musicians," said Bill McDonald, one of the organizers. "It's not. It's a chance for all people who have loved the music and the art to come together and hear the music again and see the art."

This year will also includes an 8 p.m. guitar raffle, with tickets being sold all day, to benefit the Mental Health Association of Genesee County.

Pictured above are Jeff Wilber, Charley DelPlato, Bill Pitcher, Roberta Pugh, Don Burkel, Sue Gagne and Bill McDonald.

Here's the complete schedule of events for Ramble 2009.

Here's Philip's video from last year:

Two of the three suspects in the June 18 robbery of the M & T Bank in Elba will be in court tomorrow to answer charges related to the alleged crime.

Appearing at the 10 a.m. arraignment at the county court house will be Dennis M. Abrams, Jr, 26, of 202 Merrimac St., Buffalo and Demone D. Dillon, 25, 128 LaSalle Ave., Buffalo.

Both men, along with Michael J. Wells, 24, 69 Camp St., Buffalo, were indicted by the county grand jury on June 23 on a charge of robbery in the first degree.

Dillon is represented by Gary Horton and Abrams is represented by Robert Convissar.

Previous coverage:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• Suspects didn't know what they were getting into when they chose Genesee County
• Alleged Elba bank robbers indicted by grand jury

Five men from Rochester apparently thought they were pretty clever last night when they showed up to the CSX railroad tracks on Route 98 in the Town of Batavia with a plan to use a logging truck to steal scrap metal.

Not clever enough, though, to avoid observation by Sheriff's Deputies.

Deputy Chief Jerry Brewster told WBTA this morning that lawmen watched the alleged would-be thieves load the scrap metal onto the the logging truck and then tailed the vehicle into Batavia where the truck was stopped in a well-lit area.

The scrap metal was owned by Ed Arnold Scrap Processors of Corfu.

The five men arrested in connection with the case are:

Christopher H. Monfort, 37, of 113 Pine Street, East Rochester, charged with two counts of grand larceny. Monfort allegedly stole scrap valued in excess of $12,000 during the weekend of June 19-21. In last night's case, he's accused of trying to steal scrap worth more than $4,000. He is held without bail.

Anthony Toscano, 44, 918 S. Goodman St., Rochester, is charged with one count of grand larceny. He is held without bail.

Richard E. Riedman, 35, 542 Klem Road, Webster, is charged with one count of grand larceny. He is being held on $15,000 bail.

Anthony J. Russell, 35, of 75 Snug Harbor Court, Rochester, is charged with one count of grand larceny. He is being held in lieu of $10,000 bail.

Timothy M. Stone, 29, 3735 Chili Ave., Rochester, is charged with one count of grand larceny. He is being held on $10,000 bail.

Assisting the Sheriff's Office were the State Police and the Batavia Police Department.

The Batavia Muckdogs remain a mere percentage point ahead of Mahoning Valley in the Pinckney division after splitting a double header with the Williamsport Crosscutters on Monday.

Batavia took the first game 5-1 as Matt Carpenter and Ryde Rodriquez continued to swing hot bats, each picking up a pair of RBIs.

Devin Goodwin also had two hits from the lead off spot while Xavier Scruggs continues putting together a good start to the season with a double and an RBI.

San Diego native Deryk Hooker pitched five innings giving up four hits and no runs to pick up his first win of the season.

In the second game, Crosscutters' pitching held the Muckdogs to only five hits, with only D'Marcus Ingram notching a multi-hit game. The Muckdogs dropped the nightcap 4-3, with Joshua Squatrito taking the loss -- his first of the season.

Squatrito pitched one and a third inning giving up two runs, but only one of those was earned. 

San Diego State grad Tyler Lavigne pitched the first three and two-thirds innings, giving up two earned runs.

The Muckdogs battle the Crosscutters again tonight in Williamsport at 7:05. Batavia returns home tomorrow for a 7:05 p.m. game against Jamestown and then are home again Friday night against the Jammers.

Where do you stand on consolidation?

If you still have things to say, questions to ask and points to ponder -- you should attend the second of two community meetings on the consolidation question at Batavia High School tonight at 7.

The consolidation study committee will be there to explain the consolidation proposal as it stands now (it's subject to change based on community feedback) and answer questions.

A car reportedly struck a deer at 2629 Batavia-Oakfield Townline Road.  A passenger reportedly suffered facial lacerations and the white Ford Blazer is in a ditch at the side of the road.

UPDATE: We received an accident report on this accident late this afternoon from the Sheriff's Office.

Seven-year-old MiKayla McLain was reportedly injured in this accident when he was partially ejected from the vehicle. MiKayla reportedly suffered head injuries with severe bleeding and was transport via ambulance to UMMC. He was semi-conscious at the time of transport, according to the accident report.

The vehicle was reportedly driven by Jason McLain, 33, of 31 Walnut St., upper, Batavia.  McLain complained of head pain.

McLain was issued three citation. One for reportedly not wearing a safety belt, one for not properly restraining a child age 7 to 15, and one for reportedly driving without a license.

The accident was investigated by Deputy L.A. Nati.

View Larger Map

Patrick Wolff, 18, 34 Vine St., Batavia, is charged with trespass. He is accused of entering College Village after being banned from the area.

Brian Griffin, 24, 14 Orchard St, Oakfield, is charged with criminal contempt. Griffin allegedly violated an order of protection by visiting the protected person at home.

Daniel J. Berhow, 23, 1640 Carmen Road, Barker, is accused of criminal mischief, harassment and DWI following an incident Friday night on Route 33 in the Town of Batavia. Berhow allegedly choked another person and punched out the window to her car. Further investigation revealed that he apparently drove while intoxicated. An order of protection was issued following the incident.

Michael J. Hoffman, 40, 5106 Parker Road, Hamburg, was charged with DWI following a traffic stop on Colby Road in Darien for allegedly driving without tail lamps. Hamburg is accused of having a BAC of .08 or greater.

Phillip Ehnot, 30,  23 Harvester Ave., Batavia, is in jail on $2,000 bail. According to Batavia police, Ehnot reportedly grabbed his wife and threw her to the ground, pulling her hair. He also allegedly pushed his son into some stairs. He is charged with harassment and endangering the welfare of a child. The alleged incident occurred Saturday night just after 10 p.m.

Jackson Square concert series kicked off with the Ghostriders.There were quite a few people out last night.I thought i'd add the seagull picture too.They've taken over downtown.I did a short video but the sound is bad cause i was by the speaker.And used auto mic setting.When i should have set the mic manually.