Stories from

The picture above is what the loading dock of the former Latina's Grocery Store was taken Monday. Below is a picture taken this afternoon.

As you can see, there's still some work to be done (weeds growing from the roof, graffiti clean up), but it's a big improvement.

Work crews at the direction of the city clean up the Latina's lot (which had weeds encircling the building) on Wednesday. City officials told WBTA that the property owner was fined $250 under the new weed abatement ordinance, plus the cost of clean up. Also cited and cleaned up was Della Penna Paving (picture from Monday below).

No word on how much the property owners will be billed for the clean up work.

It may take a lot of volunteers to clean up Darien and Corfu following last Saturday's category 1 tornado.

Bill Clark, regional director for New York's Emergency Management Office, didn't make that prediction, but if you add up what he told Corfu and Darien officials yesterday afternoon, that's what it sounds like.

In order to trigger state or federal assistance, there needs to be 25 uninsured homes in the disaster area, and in Darien and Corfu there weren't much more than 25 homes total that were damaged.  It's likely most of them were insured.  For SBA assistance to kick in, there needs to be five businesses damaged. There may be only three businesses damaged in the tornado. It's unclear if farms can be included in that count, or if they are a USDA issue.

Corfu Mayor Todd Skeet said volunteer efforts are under way and are ongoing, but doesn't think that will be enough. In the end, he's looking for his state to step up and provide assistance.

Out at Petals and Plants, the first stop for Clark and his survey group, Jim Grant, father of the business owner, said if his son doesn't get assistance to haul way the greenhouse debris and rebuild the greenhouses, the nursery and flower shop will not reopen. The greenhouses were not insured.

But Clark and his team did survey the entire tornado zone yesterday and will file a report with the governor's office. Clark stressed repeatedly the importance of gathering thorough and complete data as the best way to make a case for assistance. It will take some time before we know the results of the findings.

Carlos Manuel Cruz, 20, of 120 Crowley St. Upper, Buffalo, is charged with harassment and endangering the welfare of a child. Cruz allegedly bit his girlfriend's father in his left breast during a fight. Cruz was allegedly holding his 3-month-old son at the time.

Joshua P. Moore, 18, of Route 31 in Holley, is charged with petty larceny. Moore and two accomplices allegedly stole beer from Tops on Tuesday. Store cameras were used to help identify Moore. The two other suspects have not been apprehended yet. Moore was also allegedly caught Wednesday night trying to steal beer from the Southside Deli on Ellicott Street.

Alan Bedenko notes that New York blew it in 1997 -- under terms of the state constitution, there should have been a vote to determine whether a constitutional convention should be convened.

But it's not too late. No year is too late. The Legislature can put the question on the ballot any year, like, say, this November.  That's Bedenko's suggestion.

So what reforms would you like see included in a new state constitution?

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: Always a great place for gifts, South Main just brought in a bunch of new merchandise from the region. We have a $20 gift certificate for $9.

Present Tense Books and Gifts, 101 Washington Ave.:  Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: 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. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Present Tense

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Adam Miller

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T.F. Brown's

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South Main

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The volunteer fire departments of Genesee County meet and train on Monday nights (I'm not sure if the City's career crew is on the same time table).  This Monday, I drove out to the Genesee County Fire Training Center to watch the Elba Volunteer Fire Department practice putting out car fires (it took me some time in between everything else going on to get the video edited and processed and posted to YouTube).

This video is the first in what I hope will be a series highlighting the Monday night training exercises of Genesee County's firefighters.  Whenever I have a free Monday, which mostly means no Batavia City Council meeting or other town board meeting, I'll pick a training session to attend and shoot a video documenting the training.  

The members of the Elba Volunteer Fire Department at training Monday: Kenny Ball, Rick Dorman, Ryan Hart, Mike Heale, Joe Kartychak, John Mudrzynski, "Rat" Reinhardt, Cale Rice, Brian Russell, Alex Shuknecht, Dave Webster, Mark Wiatrowski, Bill Zipfel, Cait Zipfel.

Rather than put consolidation to a vote of the people in November, the Consolidation Study Committee is asking governing bodies for both town and city to establish a joint charter commission to draw up a document that would outline what a merged municipality would look like.

Under the new proposal, there wouldn't be a public vote on consolidation until November 2011. Committee members said this would allow both city and town residents to be fully informed about consolidation before voting.

When the committee made its initial report on consolidation two months ago, the plan was to have a yes-or-no vote in both the city and the town in November of this year. If consolidation was approved in both jurisdictions, then a charter commission would be formed.

Now Town Supervisor Greg Post said he prefers a clean-slate approach to create a whole new governing agency for the Batavia community.

"We have an opportunity to sit down with a clean piece of paper and say what works and doesn't work for Batavia," Post said. "We've been given an opportunity that is priceless. People talk about what doesn't work with government, but we have an opportunity to sit down and create one that does work."

But Batavia City Councilman Bill Cox sounded a more cautious, "not so fast" alert during Wednesday night's meeting at the Batavia Town Hall. He's concerned that the consolidation study so far hasn't produced enough actual numbers of hard-cost savings for taxpayers. Plus, he distrusts how much the study committee seems to be leaning on $820,000 a year in grants from Albany for a consolidated government. 

Cox is concerned that the biggest city expense -- police and fire personnel -- hasn't been addressed by the study committee.

"Those topic are taboo from being part of the discussion and when you eliminate those two cost centers from the discussion, then the opportunity for cost savings is greatly reduced," Cox said.

City Manager Jason Molino, who served on the study committee, took issue with what he saw as Cox's characterization that the committee had not done its work by omitting police and fire savings in its report. 

Molino said the committee made a decision not to delve into that topic because it's really a policy decision that a new governing body will need to address. It's a question that goes beyond mere cost savings: what level of service will residents in the new government want?

The study committee recommends that the consolidated Batavia (and we're assuming it will still be "Batavia") should be a city.  As a city, there are advantages both in cost savings, grants from the state and more sales tax authority.

As for how the new city would govern, the committee is recommending an at-large elected mayor and six council wards. There would be one ward for the current town, one for the current city with the remaining four wards split between the town and the city.

That is, if the proposed charter commission likes those recommendations. The eight-member commission (four town residents and four city residents) could decide to go in a completely different direction.

Here's the recommended timetable for consolidation:

August 2009: City and town governing bodies pass a local law to create a joint charter commission. This would require a public hearing. Together, the city and town would apply for a grant to pay for the commission's legal work.

September 2009: Town and city begin interviewing potential charter committee members.

October 2009: Commission members selected.

November 2009: Commission members appointed and begin work.

December 2010: Commission completes work on a new charter.

Spring 2011: City and town governing bodies accept charter and ask state Legislature to place charter on the ballot at the general election in 2011.

Late Summer / Fall 2011: City and town hold public hearings on proposed charter.

November 2011: City and town hold separate votes. The charter must pass in both jurisdictions.

2012: If passed, 2012 is a transition year, preparing for the merger.

November 2012: Election of a mayor and ward representatives (if this form of government is recommended by charter commission).

Jan. 1, 2013: New merged municipality is born.

UPDATE: Download PDF of Consolidation Press Release.

A load of O'Lacy's bar towels were a total loss in a dryer fire this morning at the home of Kent Ewell, owner of the popular pub and restaurant on School Street in Batavia.

The quick response of Town of Batavia volunteer fire fighters is being credited with keeping the fire contained to the dryer with minimal smoke and water damage to the residence at 8215 Batavia-Stafford Townline Road.

The home is on the Stafford side of the border, but Batavia was actually dispatched first. Batavia also has a closer station, so Assistant Chief Dan Coffey (also a Batavia police officer) was first on scene.

He rapidly determined from Ewell the probable location of the fire. Crews swiftly connected to a nearby hydrant and ran a line through the front door, downstairs to the laundry room and extinguished the fire just as it began to lap the wall.

"It was a very quick knock down and a quick response that saved this house today," Coffey said.

Chuck Hammon, 3rd assistant chief for Stafford, said the cause of the fire was likely a worn belt on the dryer.

It's a common problem, he said.

"I don't know why they make some of these dryers with the belt next to the exhaust," Hammon said. The exhaust heat, he said, can cause the belts to wear faster and become a fire hazard.

Hammon also credited Batavia volunteer firefighters for its speedy response in preventing the fire from spreading.

Ewell said he usually starts his work day early and then comes home mid-morning, but the times vary day-to-day. He said he felt fortunate to come home when he did and make the 9-1-1 call. The house was full of smoke and the fire detectors were sounding when he opened his door, he said.

Top Picture: Hammon points to belt area of dryer, explaining how he believed the fire started. Bottom: The scene at Ewell's home after the fire was extinguished.

Audio:

• Kent Ewell
• Dan Coffey

Initial Report:

A house at 8215 Batavia-Stafford Townline Road is reportedly full of smoke. Firefighters from Stafford and Town of Batavia are responding.

First responder has confirmed it is a house fire.

(not posting map because Google map is not marking the address accurately)

UPDATE: On scene, with no smoke or fire visible. Byron and Bergen fire crews have been asked to stand down, only Stafford and the Town of Batavia fire crews remaining now.

Congressional members with a shared interest in the fate of dairy farmers have revived a caucus to work together on those concerns, and Rep. Chris Lee has been selected as a co-chair of the committee.

Other representatives from New York are Democrats Paul Tonko and Louise Slaughter.

Caucuses are officially sanctioned groups of lawmakers who join together to promote a common cause. Here's a complete list of such groups.

With dairy prices at historical lows, and production costs remaining high, dairy farmers have been looking to Washington for assistance and support.

The new caucus gives congressional members with a shared interest in dairy farming a means to study dairy farming issues and come up with recommendations that could conceivably lead to legislation or other assistance.

If money leads to better education, New York's students should be the best in the land.

New York spends more on education per-pupil than any other state in the nation, and also leads the way in teacher salaries per-pupil and tax revenue per $1,000 of personal income, according to a press release from the Business Council of New York State.

• New York spends $15,981 per student, 65 percent above the national average of $9,666.
• The amount of spending per per-pupil on teacher salaries is #1 at $7,229, which is 81 percent above the national average.
• Employee benefits per-pupil also leads the nation at $2,980.
• Per-pupil revenue from local sources was $8,875, which is 75 percent above the national average.
• New York spent $37.16 on schools for every $1,000 of personal income in the 2006-2007 school year, or 42 percent above the national average.
• The state collected more than $5,100 per pupil in property taxes that year -- the fifth highest per-pupil property tax collection in the nation and 60 percent above the national average.

The press release cites the Public Policy Institute of New York State as the source of the data.

Allen S. Dockstader, 26, 380 Council House Road, Basom, is charged with felony DWI among other charges following an accident at 2:24 a.m. in which Dockstader was allegedly involved in a two-car hit-and-run accident on Gilmore Road in Pembroke. The driver who left the scene was identified as Dockstader, according to a Sheriff's Office report, and Deputy Jason E. Saile reportedly found Dockstader at his home following the accident in an alleged intoxicated state. Additional charges: DWI with a BAC of .08 or greater, aggravated unlicensed operation of a motor vehicle, leaving the scene of a property-damage accident, unregistered motor vehicle, operating without insurance, switched license plate and unsafe backing.

Michael E. George, 45, of 2383 Lewiston Road, Oakfield, is charged with DWI and leaving the scene of an accident. George allegedly struck a disabled vehicle that was partially in the roadway on Bloomingdale Road in Alabama. George was allegedly found at his home by Deputy Howard Carlson following the accident. Additional charges: Driving with a BAC of .08 or greater, speed unreasonable/prudent, no left side mirror and refusal to take breath test. The incident allegedly took place at 9:28 p.m.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, N.Y.: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

O'Lacy's Irish Pub, 5 School St. Batavia, N.Y.: In Irish pubs, it doesn't get more authentic than O'Lacy's.  Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, N.Y.: From cozy to contemporary is what you'll find at this well-stocked gift store. We have a $20 gift certificate for $9.

The Mane Attraction, 99 E. Main St., Batavia, N.Y.: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: 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. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Adam Miller

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O'Lacy's

SOLD

South Main

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The Mane Attraction

SOLD

For those who have a hard time participating in Deal of the Day during the day:

Alex's Place, 8322 Park Road, Batavia, N.Y.: People come from all over the region for a fine dinning experience at Alex's. Alex's is best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift certificates for $7.50.

Picasso's Pizza, 419 W. Main St., Batavia, N.Y.: A great variety of pizza, subs and salads -- and try the wings, too. We have three $5 booklets of $1 gift certificates ($15 value) for $7.50. The gift certificates can be used collectively or individually).

Jackson St. Grill and Belladessa's Pizzeria, 9 Jackson St., Batavia., N.Y.: Check out the great lunch and dinner menu. Personally, I'm partial to the hamburgers. We have one $10 gift certificates for $5.

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: 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. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Sport of Kings

SOLD

Picasso's

SOLD

Jackson St. Grill

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Alex's Place

SOLD

Report from 1st Asst. Chief Michael Sheflin, Le Roy Fire Department (Sheflin also provided the photos):

The Le Roy Fire Dept held its last training exercise at the acquired structure on W Main Rd last night, 7/27/09.

Le Roy was joined by Bergen Fire Dept. under the leadership of Bergen Fire Chief, Scott Crosier.

The training involved 2 types of exercise.First was "Live Burn" training. A small fire is set in a metal container and crews enter the structure to extinguish the flames. This is done under very controlled circumstances to ensure the safety of the firefighters.

The second exercise was ventilation and roof work. As the photos show, Le Roy FD and Bergen FD work very close together to learn each others equipment and tools.

This house has been a valuable asset to the Le Roy FD as well as the surrounding Fire Dept. that were able to use the structure. At this time I would like to thank Wal-Mart and thank the surrounding Fire Depts. that took part in the training. Also I would like to thank Legislator Jay Grasso who showed up to lend his support to the volunteers of the Fire Service in Genesee County.

Volunteer firefighters train every Monday night. Last night I attended Elba's car fire training at the Genesee County Fire Training Center.  I've not yet had time to finish editing that video. I hope I can finish that tonight and post later or in the morning.

When we make an error, we normally just correct the post, and if it's a factual error, note it in that post appropriately. Normally, because most often the mistake is brought to our attention in fairly short order.

Last week we reported an accident where we included the word "not" where there should have been no "not." Driver Charles Kopp DID tell investigators that he used his turn signal.

Since the post is quite old in Internet years at this point, we wanted to draw readers attention to this factual error.

The Batavian regrets the error.

The ownership of two vehicles that may have been part of business transactions between Scott F. Doll and Joseph Benaquist remains in dispute.

The ownership claims were at the crux of a defense motion heard by Judge Robert Noonan in court this morning.  Doll, who is accused of killing Benaquist in February, is seeking the return of the vehicles because a financing company wants to be paid for the cars.

The vehicles, a Pontiac G6 and a Chevy Malibu, are currently being held by the District Attorney's office because of their evidentiary value.  D.A. Lawrence Friedman opposes both vehicles being returned to Doll, as well as a minivan owned by Doll's mother.

Noonan will issue a ruling at a later date.

An attorney for the estate of Benaquist, Robert Tronolone, put the value of the two cars at $18,000. He said the cars should not be returned to Doll because they are the rightful property of the Benaquist estate.

Attorney Daniel Killelea, appearing on behalf of Doll, asserted that both cars belong to Doll. That Doll purchased the Pontiac at the Odessa Auction in order to resell it, and Benaquist had signed over title to the Malibu so it could be sold through the dealership operated by Doll and Benaquist.

Friedman alleges that the title to the Malibu was forged and that Benaquist had title and insurance for the car in his name and had used it as his own personal vehicle. Friedman also said Benaquist purchased the Pontiac so it could become his personal vehicle. Doll was supposed to complete payment for it though the company's account because private individuals can't buy cars at the auction.

Friedman indicated payment was never made. He further alleged that Doll borrowed money against the Malibu.

"The people presents this as facts, but it's pure speculation," Killelea said. "The records show Mr. Doll purchased (the Pontiac) and whether he purchased on Mr. Benaquist behalf is pure speculation."

Killelea said that after five or six months, the state should have gathered all the evidence it needs for trial from all three vehicles, so they should be released to Mr. Doll. 

Friedman said he wasn't going to concede that all of the evidence has been gathered nor that the vehicles would not be shown at trial to a jury.

Judge Noonan did not indicate when he would issue his ruling.

It turns out that one of the three young men arrested Saturday night for allegedly breaking into the Harvester Center has strong ties to Batavia.

He is Justin S. Fay, 24, a former Batavia High School honor student and Boy Scout Troop 6069's first Eagle Scout. He was also enrolled in the honors program at University of Buffalo.

Fay, along with two alleged accomplices with home addresses from outside Genesee County, was taken into custody Saturday night during a heavy rain storm at the Harvester Center. A lock had apparently been picked, which is how the trio allegedly gained entry to the building.

At the time of his arrest, Fay apparently listed his home address in Rochester, but previously he lived in Batavia, according to police.

An April 10, 2003 article in the Batavia Daily News says Fay lived on Naramore Drive with his mother Mary Ann Fay. According to police records, Fay was a witness in a 2002 incident and listed his address on Naramore Drive.

The Daily News story is about Fay, then 18, becoming an Eagle Scout.

For his Eagle Scout project, Fay cleared hiking trails at Godfrey's Pond, cutting away overgrowth and putting down new path bumpers.

Scouting has been a life-changing experience, he said.

"I learned valuable leadership skills, how to gain and give respect, and how to be a good person and follow the Scout law in my everyday life," he said.

In 2001, in Grade 11 at BHS, Fay was listed in the paper as an honor student. He was again listed in 2002 as a senior.

As for his time at the University of Buffalo, the Daily News reported on June 20, 2005:

Justin Fay of Batavia has been inducted into the Omicron Chapter of Phi Beta Kappa Honorary Society at the University at Buffalo. Students selected must be seniors in a liberal arts degree program and maintain a 3.75 or higher GPA. Justin is majoring in computer science and engineering.