batavia

A Vine Street resident is accused of defrauding an elderly woman of more than $58,000 from September 2009 to October 2010.

The case came to the attention of authorities after local bank employees became suspicious of $5,500 in checks the suspect was trying to cash.

Charged grand larceny, 2nd, is Myron W. Hartford, 41, of 154 Vine St., Batavia.

Hartford was jailed on $50,000 bail.

Adam Richard Kopp, 20, of Bushhill Road, Farmersville, is charged with criminal possession of a controlled substance and petit larceny. Kopp is of stealing and then possessing a quantity of Lortab tablets. Kopp was jailed on $10,000 bail.

Dana Douglas Hagen, 31, of Batavia-Byron Townline Road, Byron, is charged with DWI, moving from lane unsafely and no seat belt. Hagen was allegedly involved in a personal injury accident at 11:08 p.m., Wednesday, in the area of 7812 Fotch Road, Stafford. Hagen's car reportedly struck a utility pole at that location.

Penny S. Hofert, 45, of 11 Porter Ave., Batavia, is charged with petit larceny. Hofert is accused of shoplifting from Dollar General.

Mickey Harlan DeJesus, 22, of Perry Road, Pavilion, is charged with criminal contempt, 2nd. DeJesus is accused of contacting a female he was ordered not to contact. The protection order was issued by Town of Le Roy Court. DeJesus was jailed on $500 bail.

Brian Richard Gombos, 21, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Gombos was arrested following a traffic accident at 2:39 a.m. today in the area of 7104 Quinlan Road, Le Roy. Gombos's car reportedly struck a utility pole. There were no injuries in the accident.

Jeffrey Allan Mooney, 57, of Quaker Road, Albion, is charged with driving with ability impaired by drugs, no license plate lamp, insufficient tail lamps and leaving scene of a property damage accident. Mooney is accused of driving a car that struck gas pumps at Yellow Goose in Elba and then leaving the scene at 4:41 p.m., Jan. 6. Following a tip from a witness, Mooney's car was spotted on Route 98 in the Town of Batavia by Deputy Cory Mower.

Overnight snow brough a few inches of accumulation and this morning Dan, a county worker, was out shoveling Ellicott Street sidewalks.

The snow, with an accumulation of one to three inches, is expected to continue until 5 p.m.

Temperatures are in the high teens.

Margeret Puzio, superintendent of Batavia City Schools is very worried about the coming year.

She's worried about possible cuts in state aide to schools and she's worried about Gov. Andrew Cuomo's proposed property tax cap.

Puzio spoke with WBTA today.

"It will be interesting to see, in the governor's budget, how state aid will be affected," Puzio continues.

"Frozen state aid is probably our best-case scenario. And with all of our costs going up, frozen state aid means we'll need to make significant cuts. But if there are cuts to state aid...that would be disastrous for us."

In the face of those probable cuts, Cuomo is also proposing a 2-percent property tax cap. If that goes through, Puzio sees dark days ahead.

"The tax cap is a rather extreme solution to the problem," she says. "This year the expenditures on the retirement systems go up significantly. So it's going to be difficult to maintain our educational program, and stay within a 2-percent tax cap.

"It might be impossible. And I'm not given to saying that things are impossible - but it just might be impossible."

One of Batavia's landmark signs has been partially shut off the past few nights, and a new sign has gone up on the historic Pontillo's location. It reads "Batavia's Original."

Meanwhile, an ad in the Le Roy PennySaver this week announced that the Le Roy Pontillo's location will close its doors Thursday. All gift certificates for that location must be used by that date, the ad said.

The owners of the Batavia Pontillo's/Batavia's Original were served with a federal trademark infringement suit in September. There's no word on the status of that lawsuit.

In October, it was disclosed that the Le Roy location is allegedly delinquent in taxes, with $24,261 owed to the county, school district, village and town.  If not paid, the property could go up  for auction in March. UPDATE: County Treasurer Scott German says the property taxes were paid in December.

Sam Pontillo told WBTA that his parent's estate owned a majority share of the Le Roy location.

"I didn't want to be tied to there with the mortgage anymore," Pontillo said. "So, I think it's time for something new for me."

In November 2008, when the Batavia Pontillo's location closed, Sam Pontillo told the Batavia Daily News: "I do not own that one," Sam said, pointing west toward Batavia from the Le Roy Pontillo's. "I own this one."

The estate has been tied up in a protracted lawsuit.

The ladies of the Red Fedora Fanatics, who get together monthly for a social luncheon, met at the Fedora Diner on Ellicott Street Road today. All of the women are Genesee County residents. 

One member said, "without our drivers, many of us couldn't get here," and asked that I take a picture of their drivers, below.

A possible fire is reported inside the West End Mobile Home Park, located at 4016 West Main St. Road in the Town of Batavia.

The mobile home is near Lot 19. Town of Batavia Fire Department is responding.

The caller said there was smoke and/or steam coming from the trailer, which is unlocked and no one is home.

UPDATE 2:45 p.m.: Fire officials are requesting a code enforcement officer to go to the scene.

UPDATE 2:48 p.m.: Nothing found. The fire engine is returning to service. But a fireman is staying at the scene until the code enforcement officer arrives.

Home improvement and building contractors wishing to do business in the City of Batavia may soon have to pay an annual $125 license fee.

The new contractor licensing proposal is contained in the city's 2011/12 fiscal year budget.

It would cover electrical contractors, painting contractors, flooring contractors, insulation contractors, driveway sealers and subcontractors employed by other contractors who are not required to file for building permits.

The proposal says the proposed licensing law is an attempt to protect citizens from uninsured contractors and generate additional revenue.

The proposed law would require licensing and proof of insurance.

The fee is intended to be adequate for development, maintenance and enforcement of the licensing program.

Annual revenue is expected to be $25,000.

When formally presented with the proposal, the Batavia City Council will be asked to adopt a resolution covering three fees associated with the law -- a license fee, annual renewal fee and replacement fee.

No further details were contained in the budget report.

As we reported previously, the proposed 2011/12 fiscal year budget for the City of Batavia contains a 1.59-percent increase in the property tax levy.

Below are some highlight's from City Manager Jason Molino's annual budget message, released yesterday:

• In 2006, the city council embraced a "Road to Reconstruction" plan that outlined three steps to "slow the bleeding," "stop the bleeding," and "recovery." The plan combined cutting expenses, raising taxes, improving fiscal management and, finally, developing a plan for going forward.
• At the time, the city had a lingering $2.2 million general fund deficit. The city responded by eliminating 35 staff positions and raising taxes by 19.5 percent in 2007 and 8.2 percent in 2008. Prior fund balance deficits were eliminated.
• Inter-fund loans, taking money from one revenue bucket in the city budget and using it to fund other operations, were eliminated by 2010, improving the fiscal health of the city.
• The undesignated fund balance -- cash reserves -- moved from a deficit of more than $2 million in 2006 to a positive balance of $206,216. That's still well below the NYS Comptroller's Office recommendation for the city of $700,000 to $1.4 million.
• There were property-tax increases of 1.6 percent and 1.55 percent in 2009 and 2010.
• In March 2010, the city council adopted a Water and Sewer Capital Infrastructure Plan to address the city's aging infrastructure. The plan lays out a 10-year road map for infrastructure replacement with no more than a 4-percent increase in water rates and no increase in sewer rates.
• Consolidation of police dispatch with the county has achieved a $215,000 annual savings.
• In 2008, the city fire department's ambulance service had created a $1,276,350 intra-fund loan to make up for revenue shortfalls in the service. There was no plan to payback the continued operational deficit, jeopardizing the health of the city's general fund. Elimination of the ambulance service has enabled the city to protect its general fund from further revenue drains.
• In 2007, the city began to aggressively pursue grants and have so far garnered $4 million in state and federal grants, including (but not all): $1.5 million for the Masse-Gateway Project; $150,000 for sidewalks; $411,000 for Bank Street improvements; $260,000 for consolidating dispatch; and $400,000 for a housing rehabilitation program.
• "We still have many objectives left to accomplish, such as fund balance and reserve fund growth," reads the report.
• General fund appropriations for 2011/12 are expected to be $14.8 million, with an increase of the property tax to $10.51 per $1,000 of assessed value. Property tax, however, is only one-third of the city's revenue.
• A state program, Aid to Municipalities, is expected to decrease by $75,000, following a previous decrease of $38,000.
• $120,000 from the equipment reserve will be used to purchase a new dump truck/snow plow to replace a 26-year-old truck.
• The major increase in expenses is to cover pensions. Since 2009, the city's retirement contribution has increased 49 percent, or $528,919.
• The proposed budget includes continued contribution to reserve fund balances totalling $110,000 for equipment, employee benefit accrued liability, retirement, health care and facilities.
• Workers compensation is going up 9 percent, or $18,000.
• The city will buy a new detective's car for the police department at a cost of $20,000. There is also an anticipated $5,000 increase in overtime for community policing and a Neighborhood Enforcement Team, which is part of the new strategic plan.
• The fire department budget is going down by $60,000, primarily because three firefighters have retired, with lower-wage new hires being brought aboard. The union has agreed to let one position remain vacant for a year. Overtime has decreased by $85,000.
• Employees represented by AFSCME will receive no wage increase. CSEA employees receive a 1.5-percent increase and fire union employees receive a 2.5-percent increase. There is no wage increase for management employees. The city is also facing arbitration with the police union, which is four years in arrears on a new contract.

Since the city eliminated a community development director position, downtown retail vacancies have increased to 10 percent of the available space, double what it was in 2007.

At the same time, fewer businesses have applied for assistance through the city's revolving loan fund.

That data, along with responses from a citizen survey, indicate that the city isn't doing enough to spur economic growth. This is the driving force behind a proposal to create a new economic development coordinator position.

While the overall budget for the new position will be $90,000, only $10,000 of it will come from the city. The remainder will come from money currently in the revolving fund program and Micro-Enterprise Program fund.

Both of those programs could fund the new position for two or three years, according to a report prepared for city council, but it is expected that the coordinator will bring in additional grants to make the position self-sustaining.

"If it's not successful after two years, we'll find another approach," said City Manager Jason Molino.

The city is cutting $15,000 from its grant-writing/consulting budget and shifting $10,000 to the new position, for a budgetary savings of $5,000.

Molino said a big part of the new coordinator's job -- the position will have a salary range of $55,000 to $70,000 -- will be to spur small business growth.

The report says a lot of smaller projects, rather than one big project, is what's needed to drive economic growth, especially downtown, which the report says is key to Batavia's economic vitality.

Between 2003 and 2004, according to the report, the revolving loan fund provided $368,500 in loan assistance for 32 projects.

After the previous economic development position was eliminated, from 2008 to 2009, the program provided only $55,000 in assistance for three projects.

The earlier effort created or retained 111.5 jobs, while the job impact in 2008-2009 covered only 34 positions.

The report also notes that in the recent citizen survey, "economic development/job growth" was the number one service-area concern among residents, ahead of public safety. The survey also indicated that economic growth is also where the city is perceived to be having the smallest impact.

City council has yet to vote on the proposed new economic development coordinator position.

In an item added at the least minute to the city council agenda Monday night, the council approved an extension to the Dwyer Stadium lease agreement for the Batavia Muckdogs.

Formalizing the lease agreement extension in a hurry-up fashion was necessary, said City Manager Jason Molino, because it's only been recently that another year of professional baseball in Batavia was "set in stone." 

Once that was in place, Molino said, the New York-Penn League demanded a lease agreement be in place well before the start of the season.

The NY-Penn League has been pretty demanding during the off season, Molino said, and the city has, in response, made improvements to the field and locker rooms.

"You talk about unfunded state mandates," Molino said. "Minor league baseball has mandates of its own."

Near the end of the 2010 season, league president Ben Hayes spoke harshly about the condition of the Dwyer playing field. Molino said the field wasn't in the horrid shape Hayes made it out to be, but the league did have some (valid) concerns.

"We addressed those concerns in the fall and the league is satisfied with the changes that we've made," Molino said.

The renewed lease makes few changes to prior agreements and does not increase the funding burden on taxpayers, Molino said.

The primary change is memorializing a capital expense fund balance with a minimum balance of $20,000, though the city has a $60,000 balance currently, Molino said.

At one point in the 1960s, Roz Hayes wanted to have her work shown at an art show in the area, but a woman with the artist society in charge of the show told her no.

Hayes, who died June 24 at age 87, was painting modern, abstract works at the time, and the other artists in the society were painting still life, recalled her daughter, Pati Cultrara.

"She said, 'Your art isn’t welcome here. This isn’t what we want,'" Cultrara said. "My mother cried and cried and cried. She cried, because it was art, you know, because whether this lady liked it or not, it was art. "

Hayes, though, would keep painting, moving into ever more colorful motifs, creating work that many people wanted to buy, but few got the chance.

Fifty years after that initial rejection, area residents who appreciate art, particularly the vibrant and expressive pictures of Roz Hayes can, at least one last time, take in a retrospective of her work hosted by GoArt! at Seymour Place, 201 East Main St., Batavia.

"With this exhibit you really get a feeling for the artist and for her evolution," said Genesee-Orleans Regional Arts Council Director Kelly Kiebala. "You can really feel how she really blossomed. It’s so colorful and it's really uplifting to look at her work. I think it leaves you with a really good feeling."

During the opening Saturday, Hayes' three children -- Pati, Nancy Cifelli and Tom Hayes -- were on hand to talk with gallery patrons about their mother's work.

They said Hayes started painting when they were elementary school age, though Pati recalled that her mother always seemed to have a visual sense.

"She would block things out, you know," said Cultrara, holding up her thumb like the prototypical artist. "She was always doing that while we were growing up."

At first, Hayes specialized in landscapes with earthy, natural tones.

Despite the rejection of one local artistic matron, Hayes began to find an audience for her work. People wanted to buy her paintings, so many of those early works wound up in the hands of local residents.

"I wish she didn’t sell as many as she did," said Tom Hayes. "We weren’t the richest people in the world and we actually needed the money. "Then it got to the point where she really hung onto her paintings.

"When we cleaned out her house, we found hundreds and hundreds of paintings. We found them everywhere, under beds, closets, you know, tables."

Hayes' later work, especially after her husband Edward died, became much more careful, and near the end of her life, she started her "Jazz" series, paying tribute to her favorite music.

"Whatever she loved in life, she put on canvas," Cifelli said.

Among the paintings the family found in her home after her death, Cifelli said, is one that is now her favorite -- it is of a young Nancy with a white horse she used to ride every summer.

"I never even saw it before," Cifelli said.

Asked what her highly regarded mother meant to her, Cifelli said she never thought of her that way.

“I appreciate her artwork, but I always looked at her more as my mom than as an artist," Cifelli said.

Pati, Nancy and Tom all describe Roz as a woman of great energy, a positive outlook and a multitude of interests.

Hayes took dance and psychology classes, studied piano, collected books and loved going to flea markets.

"She had thousands of books," Cultrara said. "There wasn't anything she didn't want to learn."

While Roz loved New Orleans and its music, and was fascinated by the life of the place, the artist, who never traveled, never visited the cradle of all that jazz music she loved, Tom said.

While in her later career, Roz didn't sell much of her work, she did like showing it off, Cultrara said.

"She glowed (when she showed her work)," Cultrara said. "It meant that people felt it and they liked it and it made her glow. ... To her, art was filling, like when you’re full. You know, when you eat, you’re full. When she painted, it filled her with – well, she was full."

The exhibit runs through Feb. 15.

Tickets are $2 each or three for $5 and are available at GoArt! and online.

For more information, or to make an appointment during non-gallery hours, contact the GoArt! at (585) 343-9313.

Top photo: Nancy, Pati and Tom.

The proposed City of Batavia budget for 2011/12 includes an increase in the property tax levy, taking it up to $10.51 per thousand dollars of assessed value, an increase of 1.59 percent.

The owner of a $80,000 home would pay $13 more per year.

It's a 16-cent increase over the previous year.

Total anticipated revenue for the budget year is projected at $14,800,662.

In connection with release of the budget, the city is releasing a strategic plan. Part of the plan funded in the proposed budget is the creation of an economic development director with a salary of $55,000 to $70,000.

In the proposed budget, the water rate is scheduled to go up 23 13 cents to $4.31 per 1,000 gallons. (strke-thru is correcting a typo in original city press release)

Cortney L. Richardson, 28, of 77 Walden Creek Drive, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, speed not reasonable and failure to keep right. Richardson was charged following a one-car, non-injury accident on Bank Street, Batavia, at 2:40 a.m., Friday. Richardson's car reportedly hit a fire hydrant on Bank Street after he allegedly failed to negotiate a turn at Denio Street. Bail was set at $7,500.

Mark Wilhem Hanel, 39, of Swamp Road, Bergen, is charged with criminal contempt, 2nd, and criminal possession of a controlled substance, 7th. Hanel is accused of being in the house of a person he was barred by court order from contacting. Upon his arrest, Hanel was searched and allegedly found in possession of a controlled substance. Bail was set at $2,500.

John M. Taggert, 28, of 16 North Lyons St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating with insufficient headlights. Taggert was stopped on Main Street, Village of Le Roy, at 12:30 a.m., Saturday, by Le Roy Police.

John R. Sherman, 33, of Lima, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Sherman was stopped at 10:20 p.m., Friday, on Route 5 in Stafford by State Police.

The City of Batavia is looking for interested residents to apply for upcoming vacancies on the Zoning Board of Appeals.

Residents interested in applying for a position can obtain an application from either the City Manager's Office or by downloading it from the city website at:

www.batavianewyork.com

If there are any questions, or if additional information is needed, please contact:

Office of the City Manager

One Batavia City Centre

Batavia, NY 14020

Phone: 585-345-6330

FAX: 585-343-8182

E-mail: jmolino@batavianewyork.com