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The Charter Review Commission has finished its review of the City of Batavia charter and will soon submit its revisions to the City Attorney for review, chairman John Roach says.

The big surprise, Roach said, is the need to clarify how a vacancy is filled on the City Council when a member resigns his or her seat for any reason. The vacancy is supposed to be filled according to party affiliation, but what that phrase means exactly wasn't defined.

Councilman Bill Cox brought the issue to the commission because he noted that while he's a Republican, he was elected on the Democratic and Conservative party lines. Roach said Cox would want to see the seat go to a Republican if he left office.

“There’s another feeling that the party that elected you should get to back fill your position, but it’s not really spelled out," Roach said. "So out of the clear blue we found ourselves (thinking) ‘OK, let’s define what affiliation means.’”

Roach's suggestion: Affiliation is defined by the party line that gave a candidate the most votes. In the case of Bill Cox, that would be Democrat.

Another big change to the charter, Roach said, would allow the City Council to operate through subcommittees, like the County Legislature. The charter won't require subcommittees, but will make the creation of a subcommittee system possible.

“If this goes through, these nine people all trying to be on TV, grandstanding for the public," Roach said, "That will all disappear. You’ll have your committees like other governmental agencies and there will be no grandstanding and things will get done much, much better.”

The proposed charter will also require a mandatory review of ward boundaries.

The wards haven't changed in 20 or 25 years and the number of voters in each ward are no longer evenly distributed. There aren't big differences, Roach said, but the problem will only get worse if not corrected. The revised charter would require boundary changes every 10 years after the national census.

As an example, Roach mentioned that wards 1 and 2 are different sizes, and the ward boundary runs down the middle of Vine Street. If both sides of Vine were moved into ward 1, then they would be even again.

“Everybody’s known it. It’s no real big thing," Roach said. "But after 25 or so years, it’s time for them to just adjust it. It’s politically unpopular. Nobody wants to say, ‘well, now you’re in my ward.’” By putting it in the charter, they can say, ‘those charter guys did it.’ It gives them cover for doing what they should have done all along."

Another surprise for Roach and the commission was that New York prevents the city from creating a public safety director position that combines police and fire duties, as once heavily discussed in the city, because cities the size of Batavia must have a police chief.

“When we first started this idea, we were not aware that there was a New York State law that required a police chief  for a small department like us," Roach said. "I was surprised how micromanaging that turned out to be. I don’t know why I was surprised, but I was. I figured here’s a way to save some money. This makes sense. And boom, there’s a state law that stops us.”

The charter will expand from 19 sections to 20 so it can address the role of the city historian.

New York requires cities to have historians. Currently, it is an unpaid position and filled by Larry Barnes.

"It was never defined, what is his job, who appointed him, for how long, and what was it we wanted him to do," Roach said. "So in the charter we’ve now established how long can he be appointed for, who does the appointment and what is it we really want him to do. It’s a minor change to the charter and it costs no one any money."

While the role of the historian is now defined, the commission is proposing the elimination of the city engineer position. Now that the city's infrastructure is largely built out, there is no need for the job -- which has been vacant for some time anyway -- and so not filling the position will help the city save some money.

After the commission's next meeting, the proposed changes will be submitted to the City Attorney for review.  He will clean up any legal language and return it to the commission. Once that's done in June, a public hearing can be scheduled for July. The revisions can then be placed on the November ballot.

Ronald E. Murphy, 29, of Spencerport, is accused of kicking a deputy following an alleged domestic incident in Bergen on Monday night. Deputies responded to Lake Road in Bergen following a 911 hang-up call. Deputies Butler and Diehl report that they found Murphy uncooperative. When they attempted to arrest Murphy, he allegedly fought back. During a subsequent search, he was also found, reportedly, to possess crack cocaine. Murphy is charged with obstruction, resisting arrest, possession of a controlled substance and harassment. None of the charges are felonies. He is held on $750 bail.

When is the last time you planted a tree?

Friday might be a good day to do it. It is Arbor Day, a day far more community minded than Earth Day, which rolls around tomorrow.

Bill Kauffman brings out this point in a recent essay on Front Porch Republic:

Earth Day was not of ignoble birth. It was the legislative child of Senator Gaylord Nelson (D-WI), a thoughtful liberal, who envisioned it as a national teach-in on the environment. The first Earth Day, April 22, 1970, was a hectoring mix of street theater, corporate p.r., and speeches by such paragons of restraint as Senators Ted Kennedy and Bob Packwood. Funding came, in part, from Dow Chemical and the Ford Motor Company. (The most prominent public opponents of the first Earth Day were the Daughters of the American Revolution, who had also fought vainly against the Uniform Holiday Act of 1968, which spawned the commerce trumps tradition three-day weekend.)

In the four decades since, Earth Day has become a bloodless holiday for pallid urbanites, the sort of technology-dependent yuppies whose rare encounters with the unregulated outdoors usually end in paralyzing fears of Lyme disease. Earth Day is about as green as a $100 bill.

The City of Batavia hosts an Earth Day event Saturday at Lions Park/Wallace Street, rain or shine, starting at 9 a.m. (in the actual press release, the city does give a nodding glance to Arbor Day).

The Batavia Youth Bureau will present "The Benefits of Gardening and Composting. There will be a tree planting ceremony by local Girl Scout troop #42153, a seed-starting display and a proclamation by the City Council.  Volunteers will then organized into trash pick up crews for a city park or downtown.  Every volunteer will get a chance to win a tree.

Somebody designed a lovely flier for the event. You can download the PDF here.

Sen. Mike Ranzenhofer issued a press release reporting that three Democratic leaders are moving forward with a bill to reinstate STAR rebate checks.

The rebates were cancelled in the recently passed state budget and Ranzenhofer has been raising alarms about it since well before the budget was presented.

Press release follows the jump.

Albany, NY- Over the last several days Deputy Democrat Leader Jeff Klein along with Democrat Senators Craig Johnson and Brian Foley have announced that they are going to move forward a bill to restore STAR rebate checks.  It seems they are taking a backwards approach to government namely-“they voted against it, before voting for it.” Their conversion is certainly welcome, but also likely to be too little, too late.

During the months of February and March and during the budget debate that followed on April 3rd Senator Ranzenhofer was the most vocal and passionate advocate for the restoration of STAR rebate checks in the State Senate. He stood up for his constituents and for his fellow Western New Yorkers while area Democrat Senators voted in lockstep with their New York City leadership to eliminate property tax relief. “During the budget debate I pleaded with my democrat colleagues to stand with me to protect the taxpayer. I pointed out that during an economic crisis we could not afford to put any additional property tax burden on struggling families. I put forward an amendment to restore STAR checks only to see every Democrat, these three included, vote no. I am happy that Senator Klein has heard the outcry from the people of this state and now adopted my position on this issue.  I hope that he can persuade his friends the Governor and Speaker Silver to join with me in also supporting taxpayers,” said Ranzenhofer.

With Speaker Silver saying that the Assembly will not pass this plan and the governor saying that there is no money to pay for the cost it is unlikely that the Klein scheme will ever become law. “While Senators Klein, Johnson and Foley refused to protect property taxpayers during the budget debate, when they could have made a decisive difference, I welcome them to this battle now. I call on them to offer the restoration of STAR rebate checks as a stand-alone measure, and allow a simple up or down vote in the Senate and demand the same of the State Assembly,” said Ranzenhofer. 

Finally, Senator Ranzenhofer called on Senators Klein, Foley and Johnson to be pragmatic when it comes to cutting spending and paying for programs.  “I have proposed and continue to support a 15% across the board spending cut plan, to be implemented working with agency and department heads to improve efficiency and streamline government.”  Senator Ranzenhofer’s plan stands in stark contrast to the unrealistic Klein plan which counts heavily on collecting $500 million from cigarette sales on Indian Reservations which have never been collected.  “If we are going to solve problems, we have to be realistic,” Senator Ranzenhofer said “We can’t use revenue that may or may not be collected in the future to pay our bills today, that is the height of fiscal irresponsibility,” concluded Ranzenhofer.

Press Release from Detective Todd Crossett, Batavia Police Department:

The man in this photo is wanted for questioning in a larceny, that occurred today, outside the Tonawanda Valley Credit Union, at about 1220pm.  If anyone has any information into who this person is please contact the City of Batavia Police Department at 345-6444 or the confidential tip line at 345-6370.

I just called Todd with this information:  I saw this gentleman this morning in the Jackson St. parking lot, behind Main Street, half way between Ken Mislter's new gym and South Beach (I was walking down to take the picture of South Beach I used in this morning's post). That would have been about 10:30, I think. He was looking out at the parking lot like he was looking for somebody.  He did look at me and answered my "hello" tentatively. He had such a distinctive look, I was curious about him and all most stopped to chat -- wish I would have.

If you saw him around town, you should call the police department. I'm sure it would be helpful to trace his movements.

Council members Bill Cox and Rosemary Christian tell Joanne Beck they're representing the concerns of their constituents in raising a long-list of questions about the proposed Masse Gateway Project.

A hearing on the project -- a prerequisite to the city apply for a state grant to help fund development -- is scheduled for tomorrow at 5 p.m.

Both Christian and Cox recently sent a list of questions to City Manager Jason Molino to get answers about the project. In his letter to Molino, Cox said that "private contractors and developers in the city have also raised the concern that often with Genesee County Economic Development Center projects no competitive bidding is done and local contractors frequently do not even get invited to bid, which would create local jobs using local people," he said. "Collectively all of these citizens and local businesses have raised some valid points which need some answers and explanations before we vote on the application and hopefully before the public hearing."

Neither councilman has anything against the principal Masse Place property owner, Tom Mancuso or Mancuso Business Development, they said. But both have gotten calls from residents and are trying to represent those concerns

The list of questions, which Beck includes, should serve as good fodder for the hearing tomorrow night. Read the whole thing.

UPDATE: This afternoon I e-mailed City Council President Charlie Mallow for his comments on the Daily article and here is his response:

Questions are always good if your goal is to help move the city forward and avoid mistakes. That is a Council person’s job.

In the end our residents need real jobs and a turnaround in our local business climate. It is easy to oppose solution after solution; it is very hard to create alternatives. Batavia is stagnant because of the failure to reignite our central corridor and years of ineffective political leadership on this issue. There is this idea that doing nothing is seen as a better alternative than taking any action. Real leaders take point; they don’t throw rocks from the rear.  

Ken Mislter, who currently owns 9 buildings in Downtown Batavia by his count, has reached a purchase agreement for the former South Beach Restaurant location.

The deal will close May 1. Mistler said the building will be immediately available to a lessee looking to open a restaurant.  It's turnkey ready, Mislter said.

"The guy (Alex Giuliani) left the salt and the pepper," Mistler said, explaining how the restaurant is ready to open now.

Alex and Barbara left the location in pristine condition, other sources tell me.

The asking price for the building was $425,000. Mistler said he paid something less than that, but won't disclose the price until after it becomes public record. Separately, he also bought all the equipment.
 

Alex and Barbara Giuliani closed the restaurant unexpectedly three months ago, and the abrupt closure was controversial.

A note: I'll be curious if anything pops up in other that I should know about. Also, I didn't include places that serve deli sandwiches, such as some of the pizza restaurants -- just the delis. Also, for a future poll, I want to ask favorite places for hamburgers. I have three places I like, but e-mail me some other suggestions (obviously, none of the chains): howard (at) thebatavian dot com. Please e-mail me rather than comments so we can save that discussion/debate for another day.

Today's Deal of the Day: A $25 gift certificate from Adam Miller Toy and Bicycle in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

At Adam Miller's you can feel like a kid in a toy store again. It's a great place for gifts for kids of all ages, and for yourself. Adam Miller's is at 8 Center St. in Batavia.

The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. Previous winners of this gift certificate are not eligible for this offer.

Rules: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

Batavia Police Detective Todd Crossett has been honored by the National Center for Missing and Exploited Children for his efforts to identify and arrest a suspected online predator.

Crossett was nominated for the award by FBI special agent Matthew Braverman. Crossett and Braverman worked together on the Dalton Wilke case.

Wilke allegedly made contact with a person he thought was a juvenile male and agreed to meet the youngster in Batavia for sex. Crossett posed online as the young male.

Wilke was arrested in Batavia with the assistance of the Buffalo FBI, LeRoy Police Department and members of the Batavia Police patrol unit.

Statement from the press release:

Competition for the National Awards given by the National Center for Missing and Exploited Children Center is always high. Detective Crossett was given the award for his unwavering commitment, determination and expertise in ensuring a safer world for our youth and children    

Here's a video interview with Det. Crossett that Philip Anselmo shot last May.

Fire units were dispatched to 33 Ross St. for a reported fire in the basement of a residence.

When firefighters arrived, they found an overheated boiler, but no fire.

Ken Mistler gave me a deluxe tour this morning of the gym at the corner of Jackson and Main he hopes to open in about six weeks.

The picture above is of a staircase that will lead to the lower level work out area and men's locker room. Mistler said a previous tenant built the staircase, but when the city would not let the business put an entrance to the building on Jackson, the staircase was floored over.

I copied the photo off the Facebook page Ken set up for Next Level.

Mistler seems to be putting forth the effort to create a first-class gym. The building is being completely renovated with new electrical (an upgrade required by new building codes implemented since the building's 1967 construction), new heating and cooling and such attention to detail as ceiling lights that defuse light so that people laying on a bench lifting weights won't have a bright light shining in their eyes.

There will also be a full sevice coffee bar accessible from Main Street.

The four-level building will also eventually serve as Mistler's home. He's building a residence on the fourth floor.

When I saw how much work is left to be done, I expressed surprise that it would take only six more weeks of work to get the facility open, but Mislter said the hard work is done (he did much of the jack-hammering in the cement floors himself to improve drainage (did you know there is an artesian well under that part of downtown?) and lay in new plumbing in the basement).

Previously, Ken told me a number of membership have already been sold -- and who can argue with the price? People can join for as little as $20 per month.

Mistler's gym looks like it's going to be a great addition to downtown, helping to bring a lot more people into the center of the city on a regular basis.

Today's Deal of the Day: A $25 gift certificate from Main St. Pizza Company in Batavia. The Batavian's Good Deal Price: $12.50 -- HALF off!

I've become a fan of Main St. Pizza not just because it's convienently located to our office, but because everything I've tried from Main Street has been outstanding. Main Street Pizza is more than just pizza.

The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.

Rules: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street before 5:00 p.m. to pick up gift certificate. Mail is an option, but it would be better to hand you the gift certificate. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

SOLD

There probably aren't too many people around who remember the players from the 1948 Batavia Clippers, but one of those men popped up in the news this week.

Joe Macko, a 6' 2", 200 lbs first baseman spent his first year of professional ball in Batavia. He smacked 11 home runs, hit .315 and also served as the team's bus driver.

Those 11 home runs would be the first of 306 he would hit in his 18-season minor league career. 

Alas, Macko never mastered hitting a curve ball, and thus never saw a single pitch in a major league ball game.

Macko was a coach with the Chicago Cubs in 1964. His son, Steve Macko, played 24 games with the Cubs before dying of cancer at age 27.

Macko, 81, who recently served as an ambassador for the Texas Rangers, was inducted this week into the Texas League Hall of Fame.

A motorcyclist who reportedly was driving fast on Fox Road in the Town of Oakfield lost control of his bike and struck an embankment, ejecting the rider from his bike.

George Latko, of Perry, suffered a head injury and was taken by Mercy Flight to Erie County Medical Center.

The accident occurred Saturday night around 8:15 p.m.

The Sheriff's office is continuing its investigation and charges are pending.

Robert C. Synder, 48, of Batavia, allegedly pulled a woman from a chair and began dragging her across the floor by her hair Friday night. He is charged with harassment in the second degree. He is held on $1,500.

Daniel K. Norton, 22, of Batavia, was arrested early Sunday morning on a DWI charge following a traffic stop Lear Road. He is accused of having a BAC of .08 or more.

William E. Schneider, 23, of Bergen, is charged with a felony count of DWI. Schneider is also accused of driving 75 m.p.h. in a 55 m.p.h. zone. He was stopped on Route 33 in the Town of Stafford.

O.V. Murphy, 50, of Batavia, was charged with felony DWI on Sunday evening. Murphy was reportedly stopped on Route 5 in the Town of Batavia. He is accused of operating a motor vehicle while drinking and having a BAC of .18 or greater.

This is my interview yesterday with LeRoy 2nd Asst. Fire Chief Tom "Woody" Woods.

Woods was the chief overheard asking for more help yesterday, saying if he didn't help quickly, "we're going to lose this truck and us."

When I first spoke to Wood yesterday, he said it was quit a battle with the fire jumping out of the woods quickly before he and his crew beat it back.

Wood said the recent spate of brush fires have kept firefighters pretty busy and he said the only way the fire season is going to slow down is if people stop burning stuff.

Sheriff's deputies and members of the Drug Task Force executed a search warrant last night at 5430 School Road, Apt. A, in Stafford last night and reportedly found $1,500 worth of cocaine and $500 in cash.

Taken into custody was Derek R. Leach, 29, of Stafford.

He is charged with two felony counts of possession of a controlled substance.

Leach was locked up in Genesee County Jail and is being held without bail.

No so fast. Two days ago, we picked up on a D&C story that said Time Warner Cable was dropping it's plan to set up a tiered pricing model for broadband usage in the Rochester (which includes Batavia) market.

Now Evan Dawson at WHAM 13 has Time Warner officials putting a rather different spin on their plans.

Robin Wolfgang of Time Warner said, "We really didn't think the customers were educated very well on what the plans were, and there's a lot of information in the marketplace. We want to take some time. We want to give them a chance to understand our plans."

Wolfgang says there is no timetable for how long the company will take to re-evaluate its plan to charge customers based on Internet usage.

But Time Warner is certainly not giving up on the idea.

"As we tried to tell you, in the first phase of the trial we found that most customers were able to right-size and pay less based on their usage,” Wolfgang said. “It takes a lot to use five gigabytes of space. A lot of emails, a lot of songs. So most customers would not be affected."

It's hard not to read between the lines here and conclude: Time Warner customers can expect, at some point, to get a new pricing plan, and it will likely attempt to punish heavy users with higher prices.