batavia

Now that I'm a city resident, there are things (though not many) that bug me a little more than they did in the past.

One of these pet peeves is the weeds in the Salvation Army parking lot on Jackson near Ellicott.  Weeds from the curb to the front door, in every crack, and weeds at the base of the light polls, and weeds along the north side of the parking lot. Not to mention the building hasn't been painted in decades and the front sign polls look like they came off a rusted battle ship. 

I drive past this location every day and feel sorry for the owner of Floral Fantasies, who must try to run an elegant business next to this mess.

It's just plain unsightly.

Apparently, I'm not the only city resident who's had enough of the weeds around town. It turns out City Council members get regular constituent complaints, but the current ordinance is proving ineffective at getting property owners to make their land and buildings a little less ugly.

The proposed changes would give property owners 48 hours to clean up weeds, trash or debris once a notice has been posted on the property. If the work isn't done in 48 hours, outside crews will be brought in to clean up the mess and the property owner will be assessed the price of the clean up and fined $250. A second violation in the same calendar year would yield clean-up costs and a $100 fine.

The only controversial point in the proposed changes is that an alternative penalty is 50 days in jail. The council debated this provision for a good 15 or 20 minutes after Councilman Bill Cox raised an objection to the language.

"This is America it’s not Russia," Cox said. "We don’t put people in jail for not cutting their grass.  We can fine them heavily, but even to to threaten them with jail is not what we do."

Councilman Tim Buckley took an opposing view, saying a violation of the law is a violation of the law and the threaten of jail time would encourage people to pay their fines, rather than let them slide (the city can put a lien against the property, but would have no other recourse to collect unpaid fines and bills).

"Deep in our hearts don’t want to send anybody to jail," Buckley said. Later adding, "I understand where Mr. Cox is coming form. This is America, but in America when you break the law, you pay the penalty."

Several council members, City Attorney George Van Nest and Asst. City Manager Sally Kuzon all said that sending people to jail for not cleaning up their property would only be used in extreme cases.

"I think the judges and the police officers involved would have enough discretion to recognize this is an extreme measure," Councilwoman Marianne Clattenburg said.

Removing jail time from the proposed language failed on a 4-5 vote.

Next, the proposed changes will be the subject of a public hearing.  I didn't write down the date and will update this post as soon as I have it. 

BTW: If somebody wants to organize a clean up crew to help out the Salvation Army, I'll set aside a Saturday to pitch in and whack a few weeds.

The City of Batavia's two-year effort to amend its charter is running head-on into any idea of consolidating the town and the city into a single government in the near future, according to John Roach, chairman of the Charter Review Commission.

Roach said this evening that City Attorney George Van Nest informed the commission that state law prohibits any other measure from being on the same ballot.

That means city officials will need to choose - new charter or push for consolidation.

"If we thought consolidation would pass, we would pull the charter," Roach said.

The Charter Commission's term expires, under state law, on election day. If there is no vote this November, then the city will need to appoint a new Charter Review Commission and the two-year process will start over.

Roach noted there are some issues in the revised charter that will not controversial, are critical. Among them the need to drop the requirement for the city to employee a City Engineer, a position that is currently vacant and is apparently no longer needed.  Also, under state law each member of the seven-member planning board should serve seven-year terms. The commission is recommending reducing the board to only five members so terms will be only five years (yes, that's the way state law works, according to Roach).

City Council President Charlie Mallow, a strong proponent of consolidation said to him there's no question, consolidation should be on the November ballot, not the charter.

Asked about the risk of the town not passing consolidation and then the city would need to start over on the charter, Mallow said, "That's the risk you have to take. That's something as an area we have to reach for."

City Manager Jason Molino, who serves on the consolidation committee, declined to say which choice he favored.

"It's up to the elected officials," Molino said. "If they feel fit to put it forward to the populace then they will."

Fire crews are on scene at 14 Shady Lane, Batavia, off Route 33, where a gas was reportedly broken by somebody digging.

The broken line is apparently a main line.

UPDATE 6:40 p.m.: National Fuel on scene.

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"Bear" is safe, much to the relief of Robert Zickl, the 11-year-old son of Asst. D.A. Will Zickl.

Young Robert was obviously distressed while firefighters were inside his home at 10 Woodcrest Drive, Batavia.  A paramedic said it was all she could do to keep him from from going into the house.

His father paced the driveway, running his fingers through his hair.

"As I came up, my very first thoughts were Robert, but then I saw him and his buddies over there (in the yard across the street), and I thought, 'that's good,'" Zickl said. "Soon it became an issue about Bear. He's very attached to his dog."

It didn't take long, though, for Bear to come running out of the front door and into the arms of Will Zickl.  Bystanders, including, I think, police, paramedics and firefighters, cheered when Bear came bounding out of the front door of the home.

Firefighters said the dog was hiding in a bedroom.

The fire probably started in the laundry room, according to Chief Ralph Hyde. He said the fire was contained to that area, but there is smoke damage throughout the house, and some water damage. Most of the water damage, he said, came from a water hose on the washer melting and spraying water.

The fire was spotted by a neighbor who alerted Zickl's brother Phil, who was in the back mowing the lawn. "You think that's a problem," the neighbor told Phil.

Phil immediately called 9-1-1 and then went to the house, not sure if Will's wife or his children were still inside.  He said he couldn't see in the house because of the smoke.  He touched the basement door and it was warm, so he stood aside as he opened it, and smoke came billowing out.

The fire was extinguished by city fire crews within 10 minutes of the initial 1 p.m. call.

All members of the Zickl household, including Bear, are safe and accounted for.

Top picture: Will Zickl with Bear. Bottom picture, Robert Zickl and Phil Zickl with Bear.

Fire crews are being dispatched to 10 Woodcrest Drive, where a neighbor reports smoke coming from the residence.

UPDATE: At 1:10 p.m. fire crews report Woodcrest Drive blaze is knocked out.

UPDATE: A boy at the scene seemed obviously distressed and when a dog came running out of the residence, everyone there cheered.

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A smoke detector was triggered in the Liberty Lounge of the Veteran's Home, 200 Richmond Ave.

One crew on scene, so far nothing showing.

UPDATE 10:36: All units back in service.

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Townline Road is closed between Fox Fotch Road and Bank St. for culvert replacement.

UPDATE: A reader pointed out that Fox and Townline don't intersect, so we're seeking a clarification.

UPDATE: Townline Road was reopened about 10:45 a.m.

Several weeks ago, Steve Hawley traveled with his wife Crystal to visit his step-son Tim Rimmer in the Dominican Republic, where Rimmer is doing work for the Peace Corps.

It sounded like a fascinating trip, so I asked Steve if he would sit down for a video interview and talk a little bit about the trip and share some pictures.  It took me some time to get the video put together because of our move and everything else going on. 

One of the key projects Tim Rimmer is involved in is building ceramic stoves for families to cook on. The Peace Corps is seeking donations to help with the project. To donate, click here.

Gary Engle, 24, of 7549 Mechanic St., Byron, is charged with reckless endangerment. Engle is accused of shooting his .22 calibre rifle and 12-gauge shotgun in his backyard on June 13 at 3:15 without properly checking his backstop in the direction he was firing. The bullets reportedly entered the backyard of a neighbor where adults and children were present. No injuries were reported.

Jayson M. Connolly, 35, of 135 S. Main St., Apt. 10, is charged with assault in the third degree and criminal contempt in connection with three alleged incidents over a three-day period. On June 17, at about 7:30 p.m., Connolly allegedly swatted a stick from a bonfire hitting a female acquaintance with the stick and causing burn and blister on her right and left thigh area. On June 18, at about 11:45 p.m., Connolly allegedly phoned the woman in violation of an order of protection. On June 19, at about 11:45 a.m., Connolly allegedly tried to speak to the woman again in violation of the order of protection. Connolly was arrested and placed in Genesee County Jail without bail.

Jon M. Dambra, 21, of 22 Berry Grove Lane, Brockport, is charged with DWI and unlawful possession of marijuana following a traffic stop for allegedly speeding in the City of Batavia. He was issued an appearance ticket.

Jason Flansburg, 32, of 139 Woodlands Way, Brockport, was reportedly a guest at the Holiday Inn early yesterday morning when he began cussing and making loud noises at about 3:30 a.m.  Flansburg was arrested and charged with disorderly conduct. He was also reportedly had some marijuana and was charged with unlawful possession of marijuana.

Cory Jones, 26, of 5965 Main Road, Stafford, was stopped yesterday a little after midnight for an alleged traffic violation. Sheriff's deputies allegedly found him with marijuana and he was charged with unlawful possession of marijuana.

Jerad M. Stalker, 25, of 8874 Hartshorn Road, Batavia, was stopped on Lovers Lane Road yesterday morning around 2 a.m.  He was charged with DWI, having a BAC of .08 or greater, improper parking on a road way and consuming alcohol in a motor vehicle. He was issued an appearance ticket.

Toni White, 28, of 14 S. Main St., Batavia, is charged with trespassing. The trespassing charge stems from a previous accusation of shoplifting at Wal-Mart. Following the initial charge, it was discovered that White had reportedly been banned from Wal-Mart, leading to the trespass charged on the date of the alleged shoplifting incident.

Terrance Dolan, 22, of 88 Woodcrest Blvd., Buffalo, and Sean T. Hennessy, of 41 Neuman Parkway, Buffalo, are charged with trespass in relation to events at the No Doubt concert at Darien Lake June 19 at 10:50 p.m. Dolan is accused of trying to enter a private area of the concert area and Hennessy is accused of trying to go backstage.

Andrew Paul Weick, 22, of 116 State St., Tonawanda and Paige Marie Fagan, 23, of 116 State St., Tonawanda, are accused of possession of a controlled substance and unlawful possession of marijuana. Weick and Fagan were reportedly at the No Doubt concert at Darien Lake when they were allegedly found in possession of hydrocodone, cocaine and marijuana.

Scott D. Larnder, 32, of 3 Jerome Place, Batavia, is charged with DWI, speeding and failure to take pre-screen test.  He was reportedly stopped on Route 5 near Sanders Road in Stafford. Larnder was arraigned the morning of June 19 and released.

Caitlin E. Mahoney, 22, of 84 Walter St., Tonawanda, is charged with DWI and a BAC of .08 or more. Mahoney was reportedly stopped at the side of the road on Route 33 in the Town of Batavia when contacted by deputies. Mahoney stated she was looking for the Thruway. Upon investigation, deputies concluded Mahoney was allegedly operating a motorvehicle while intoxicated.

William Briggs, 42, of 15 Savannah St, Apt. 6H, is charged with petty larceny for allegedly shoplifting from Target.

Bridget K. Grayson, 41, 8272 Gully Road, LeRoy, is charged with felony DWI and driving with a BAC of .18 or greater along with driving to the left of pavement markings in a no passing zone, improper turn signal, driving slow and impeding traffic and failure to notify DMV of address change. Grayson was reportedly stopped on Route 237 in Stafford on June 19 just after midnight.

For at least the second time today, and at least the third time in the past week, there's a general fire alarm at 400 Towers, 400 E. Main St., Batavia.

Bea, what's going on there?

UPDATE: Burnt food in West Tower.

A general fire alarm has been reported at 400 Towers.

Last week we reported that Neil W. Phelps, 55, of Caledonia, was charged with reckless driving in connection with his reported operation of a tractor down Route 63 and Main Street in May, striking three vehicles and pushing one sideways down Main.

It struck me when we got the news release that we had never received the actual police accident report, which would fill in a number of details related to the accident, so I requested a copy from the Sheriff's Office.

Here's the narrative:

Vehicle 1, A large-tracked farm tractor, pulling a folded cultivator was traveling south on Route 63. At the intersection of Route 63 and Veteran's Memorial Drive, the tractor struck vehicle 2, pushing it out of the lane. The tractor continued south. At the intersection of Route 63 and Park Road, the cultivator side swiped Vehicle 3. The tractor continued on and struck vehicle 4 at the intersection of Route 63 and Route 5. The operator of vehicle 4 accelerated in an attempt to get away from tractor, striking an unknown vehicle. The tractor then struck vehicle 5, pushing it into vehicle 6. Vehicle 6 was able to accelerate away from vehicle 5. Vehicle 5 became wedged into the center of the tractor. The tractor continued on about a tenth of a mile east on Route 5, stopping in the area of Woodrow Road in the city of Batavia. The operator of the tractor was taken to the hospital for evaluation.

Vehicle 1 is a 2007 Case tractor owned by Phillip J. Call, Batavia. It was reportedly operated by Neil W. Phelps, 55, of Caledonia.

Vehicle 2, a 2003 Chevy SUV, owned and operated by Donna L. Mcauley, 43, of Oakfield.

Vehicle 3, a 2003 Jeep SUV, owned and operated by Carrie A. Monachino, 37, of Oakfield. Passenger: Charles D. Bucci, 33.

Vehicle 4, a 1999 Chevy sedan, owned by Roxanne J. Munger and operated by Philip C. Munger, 33, of Oakfield. Roxanna Munger, 34, was a passenger, as was Morgan Munger, 10, and Nicholas N. Munger, 7.

Vehicle 5, a 2002 Ford sedan, owned and operated by Eugene E. Laney, 72, of Oakfield. Passenger: Darlene Kingdollar, no age available.

Vehicle 6, a 1997 Chevy sedan, owned and operated by Timothy M. Callen, 17, of Le Roy. Passengers: Aaron J. Archilla, 18, and Henri J. Burdett, 18.

The only injury listed on the report is to Kingdollar. She complained of generalized body pain and was transported to UMMC.

As or the reckless driving charge against Phelps, Chief Gordon Dibble of the Sheriff's Office offered this statement in e-mail:

The possible charges were discussed with the DA's Office.  As you know, all crimes have elements that have to be present before they can be charged. After everything was considered, Reckless Driving was the appropriate charge.

The report was prepared by Deputy C.W. Mower.

Previously:

• Medina pastor who helped stop runaway tractor on Main Street tells his story
• Charges pending in accident involving tractor on Main Street
• Tractor pushes car sideways down Main Street into the city

How long will it take for them to straighten out these things?

The suspects who struck the M&T Bank in Elba yesterday may have thought they picked an easy mark, but they over looked a few details.

Most importantly, they didn't even know the area. They knew only one route to and from the Thruway and under estimated the response times of local law enforcement.

"They were totally out of their element," said Chief Deputy Jerome Brewster of the Sheriff's Office.

(LISTEN, MP3s: Full audio of interview with Chief Brewster, Part 1, Part 2)

They didn't even know the difference between a field and a wooded area.

"When we talked with them, it had to be explained that a field is an open area and that woods is where trees are," Brewster said.

Brewster said the suspects, once captured, were quite easy to deal with.

"They were cooperative," Brewster said. "They did tell us what was going on and why they did what they did and why they chose that location and who did what inside the bank."

At least two of the suspects have no prior record.

"I think people from outside the area naively believe that because we're out in the sticks that law enforcement isn't on the ball like they are in urban areas," Brewster said. "It turns out it was just the opposite. These guys chose a bank that was probably within two miles of the state police and sheriff's barracks."

All of the money was recovered, and the gun recovered was loaded and had a bullet in the chamber.

The quick response and eventual capture of all three suspects could send a message to other would-be criminals, Brewster said.

"The message is out there, you're probably going to get caught," Brewster said. 

(Suspect Michael J. Wells pictured)

Press Release:

The attached photos are of a suspect possibly involved in the forgery and possession of stolen checks.  These photos were taken on 06/12/09 and 06/13/09 at Tonawanda Valley Federal Credit Union.  Anyone with information into the identity of this individual is asked to contact Det. Kevin Czora at 345-6311, or the Batavia Police Department at 345-6350.

District Attorney Lawrence Friedman could take the case against yesterday's three Elba robbery suspects to the Grand Jury as early as Tuesday.

"It's a little early in the day to know for certain," Friendman said.

If he decides to seek an indictment, it could be returned as early as the same day. Without a grand jury indictment, the suspects are entitled to a pre-trial hearing within six days, a right each suspect could waive.

The public defender is currently meeting with the suspects and each will be assigned their own attorney, either a public defender or public-provided outside council, or they could retain private attorneys.

Friedman also praised the work of law enforcement yesterday.

"We're very pleased with the job the police agencies did in this case," Friedman said. "It was great to see it unfold. I think many times people when people come here here from other places, they think its easy to get away with ( in  a small rural county) and that's often not the case."

Meanwhile, Scott DeSmit has more details about yesterday's robbery.

Inside the bank was a terrifying scene.

Two men, both brandishing handguns, their faces masked, entered the bank.

A third man waited in the vestibule, Genesee County Sheriff's Chief Deputy Jerome Brewster said.

"The two entered the bank and jumped over the counter at two tellers," Brewster said.

The men knocked the tellers to the floor, then made them get back up to open the drawers, holding the guns to their heads, he said.

The two went through the drawers, retrieved the money and fled.

There were no customers in the bank at the time, Brewster said.

Both guns were later recovered. One was a loaded semi-automatic. The other was found to be a Crossman BB-gun, Brewster said.

Previously: Elba robbery suspects identified, arraigned and held without bail

If the fate of town/city consolidation were to be judged by one meeting, the prospects are not good, especially from the Town of Batavia perspective.

The majority of speakers Thursday night said they were town residents. They spoke passionately of their opposition to consolidation, and their statements often elicited rousing applause from the audience.

Some 60 people attended the public forum held at Batavia High School last night.

Two themes emerged: The consolidation idea is something of a referendum on the decades-ago urban renewal in Downtown Batavia; and, a strong distrust of Albany.

"Keep in mind that the decisions that are made today will effect generations to come," said Gary Diegelman, a town resident. "Decisions that were made back in the '60s are still affecting us today like urban renewal downtown."

City resident and town land owner George Galliford sounded willing to entertain the notion of consolidation, but struck many skeptical notes.

"Being a progressive sounds very good," said Galliford. "I think people like to think of themselves as progressive. As somebody mentioned earlier at one time there were some progressives in Batavia, and they did urban renewal. There aren't a lot of people around today that would necessarily say that urban renewal and being progressive was a great thing for Batavia."

Barb Galliford questioned whether the state would continue to fund the new government agencies at the levels promised right now. If the consolidation took place, state grants to the new city (if a city form of government were chosen) would increase to $790,000, making up the bulk of an anticipated $1 million in "cost savings" for the new entity.

"And the money the state is saying they're going to give us, they cut things all the time," Galliford said. "There's no guarantee we're going to receive that every single year, or that it will even increase. As far as I'm concerned, I'm definitely not for this consolidation."

"I don't know what kind of guarantees the state can give us, because I don't have a whole lot of faith in the state," George Galliford said.

"If it's not broke, don't fix it," said Rita  Towner. "My concern is, like every one else here, the state has no money. In fact the city, in the bad shape that it's in, is in better shape, I think, than the state is in."

As he has previously, Jason Molino stressed that while there are no guarantees, the state money has been very reliable in the past. Large constituencies in Buffalo, Rochester, Albany and other larger cities in the state get a far greater share of these grants and depend on it tremendously. And consolidation of local governments is a major objective for the governor and state legislature.

Some people after the meeting pointed out that there's no guarantee that the Town Board will never raise taxes either. What happens to the town, for example, if in 2018, when the current sales tax agreement with the county expires, and the county decides to no longer share that revenue. The town will be without recourse, but by state law, a city can override such a decision.

Audio Clips:

• Gary Diegelman
• Barb Galliford
• George Galliford
• Ed O'Neil
• Andy Eldridge (several people made eloquent speeches, but Andy's was especially poignant)
• Lynn Freeman, after the meeting
• Jason Molino, after the meeting
• Steve Lockwood, after the meeting