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The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.

Mercy EMS is finding its current ambulance staging area at St. Jerome's on Bank Street a little cramped and not conducive to keeping ambulances ready to roll in all kinds of weather, so it's planning a new 11,500 square foot facility off Route 98, just north of the Thruway, in the Town of Batavia.

The new facility will cost about $2 million and the site plan was reviewed and recommended for approval last night by the County Planning Board.

"There’s no space," said Mercy EMS General Manager Bill Schutt of the current location. "We’re in essentially four old hospital rooms there. There’s very limited parking space, obviously, if you’ve been there. In winter times, it’s especially difficult. Ambulances have fluids in them, medications that need to be kept warm, so you’re trying to run heaters inside them to warm them while parked outside. We don’t have any space there to hold meetings, do training, any additional private spaces, very limited crew space."

The new facility will have eight interior parking bays and additional spaces with electrical hook-ups for ambulances to park outside in emergency overflow situations.

The location, 2.2 acres being split out from an 8.6 parcel, is part of the Gateway II project on Call Parkway, just off of Oak Orchard Road.

Schutt said the new location will have no effect on response times.

There will also be expanded crew space, a meeting and training room.

The new location will also include a purchasing department that will house regional purchasing for Mercy Flight.

Also on Thursday's agenda:

• The board recommended approval of two new commercial buildings on a parcel just north of Home Depot, abutting the Thruway, at 4181 Veterans Memorial Drive. The buildings will be a 12,600 square foot facility that will house medical offices and a 7,500 square foot building that will contain three spaces. Two will be restaurant spaces. The $1.2 million project is being undertaken by Holland Trotta out of Rochester.  A spokesman for the developer told planners that the large space was originally intended for a well-known local restaurant, but those plans changed. The signage on the architectural drawings in the planning board packet for the smaller building show an urgent care business and a Mexican chain restaurant, Qdoba Mexican Eats.
• The board recommended approval of a conditional use permit for 17.4-acre, 2-megawatt solar farm at 2901 Pearl Street Road, Batavia. 
• The board recommended approval of a nine-month moratorium on the planning and construction of solar farms in Stafford, giving officials time to review policies and zoning plans for such facilities.
• The board recommended approval of a site plan review for a new 29,456 square foot paddock at Batavia Downs to be constructed on the east side of the race track. The previous paddock was removed to make room for construction of the new hotel. Currently, stables, are being used for paddock space. Paddocks are where horses and drivers are prepared for each race and return to after the race for washing and testing (winning horses are tested for banned substances, as required by the gaming commission). 

Sgt. Terrence Irvin, from Batavia, second from left, is a Marine Security Guard currently deployed to Brussels, where he served recently as part of the security contingent for Secretary of State Rex Tillerson, middle of the picture. Irvin is currently serving as a guard attached to the State Department. Following his discharge in 2019, he hopes to become a NYS State Trooper.

A two-car accident, unknown injuries, is reported in the area of 6581 Swamp Road, Byron. Byron and South Byron fire departments are responding along with Mercy medics.

Two people suffered minor injuries in an accident just before 7 p.m. at Main Street and Jefferson Avenue, Batavia.

City fire, Batavia PD and Mercy EMS responded.

No further information available at this time.

Press release:

On Saturday (April 15), O'Lacy's Irish Pub will celebrate 20 years of business in Downtown Batavia.

The all-day celebration will feature specials and giveaways. Live Celtic music will kick off at 8 p.m. by the Rochester group called "Himself."

The public is invited to come celebrate at the pub and enjoy anniversary cake, which will be served at about 8:30 p.m.

The celebration and band will continue until 11 p.m.

O'Lacy's is located at 5 School St. in the City of Batavia.

This history was provided by proprietor Kent R. Ewell:

In 1996, a small, single-story woodframe building (which was the former Darien Knitting Mill), was purchased and torn down. Soon a new building arose shaped and resembling a small Irish cottage and on April 15, 1997 O’Lacy’s Irish Pub opened for business!

Owners at that time, Kent and Nancy Ewell, decided to keep O’Lacy’s as authentic as possible. The menu (which had not changed much) featured American and Irish items as well as some very popular specialty sandwiches. The bar started with 12 draft beers but soon expanded to 16, which currently exist now. The beer is all “pushed” with nitrogen and their lines are only 14-feet long, which makes for a smoother cold one! Guinness is their featured beer. In 2010 O’Lacy’s won the Guinness “Best Pour” in NY State. Quite a feat for small-town Batavia! 

O’Lacy’s also created, organized and ran nine St. Patrick’s Day Parades -- the first and only St. Patrick’s Day parades in Batavia’s history. Along with the parades they have run several charity events through the years; donating to many organizations such as the Richmond Memorial Library, Crossroads House, Toys for Christmas, UMMC, Volunteer for Animals, and many others too numerous to mention.

Present owner Kent Ewell has held his own in the Market Place and has no plans for any extreme changes. He is proud of his staff, thankful for the friendly, quality patrons who enjoy stepping into a bit of “The Old Sod”!

Photo: By Howard Owens

An accident involving a semi-truck and car is reported in the area of 5901 Route 20, Bethany.

No word on injuries.

There's heavy front-end damage is reported to a vehicle. The tractor-trailer went down a culvert and is in water. It's 80,000 pounds loaded. A heavy wrecker will be needed.

Bethany fire and Mercy EMS responding.

UPDATE(S) (By Billie) 12:34 p.m.: This accident involved a tractor-trailer and farm equipment. According to a deputy at the scene, two tractor-trailers were eastbound on Route 20 and nearing a hill. The tractor-trailer that was behind the foremost one decided to pass at the hill. After doing so, the trucker came upon a tractor that was towing a manure spreader. The farm tractor had just made a left-hand turn into the driveway of a farm but the manure spreader was still in the roadway when the passing tractor-trailer clipped the rear of the manure spreader, tearing off the spreader's rear axel. The tractor-trailer continued off the north shoulder of the roadway into a guard rail and down a deep culvert into a creek filled with water. The trucker suffered a big bump on his forehead. The deputy said citations will be issued. They have a lot of manure to clean up on Route 20 as a result of the accident.

UPDATE 12:52 p.m.: The Bethany assignment is back in service.

Six supervisors from the Genesee County Emergency Dispatch Center were on hand at the opening of the County Legislature meeting yesterday evening to accept a proclamation from Chairman Ray Cianfrini declaring April 9-15 as National Public Safety Telecommunications Week.

Cianfrini said the proclamation recognizes the hard work and dedication of Genesee County's emergency dispatchers.

Submitted photo and press release:

Pembroke Corfu Darien Kiwanis Club is sponsoring its Easter Egg Hunt on Easter Sunday and it begins promptly at 12:15 p.m. at the Pembroke Town Park (Route 77 and next to the high school).

This is for kids ages 2 to 10 years old and there are 3,500 plus eggs. Please bring your camera since the Easter Bunny will be there.

The PCD Kiwanis has been sponsoring this event for 40+ years!

This is an outdoor event and please dress appropriately for the weather. For more information, call Pat at 762-8419.

Wanna be a big loser? The Batavia Lions Club wants YOU to take its 2017 Weight Loss Challenge, either by yourself or as a two-person team. Weigh-in day is Saturday, April 15 (all day) at Next Level Fitness Center, located at 85 Main St. in Downtown Batavia.

This is the second annual 75-day challenge (through July 1) for adults only (minimum age 18) with cash prizes awarded for the most weight lost: First Prize -- $1,000; Second Prize -- $500; and Third Prize -- $250.

Also, the largest fund-raising individual or two-person team gets an additional prize (a $1,000 value) -- An overnight stay and dinner package with spending money for two people at Salvatore's Grand Hotel and Russell's Steaks Chops & More in Buffalo.

Your hard work will help the community, according to organizers. Here's how:

• Each registrant must secure weight-loss sponsorship fees from friends, family or the workplace -- totaling a minimum of $2.50 per pound of weight loss;
• This sponsor list must be completed and submitted with your registration form;
• All dollars raised through your weight-loss efforts will go to the Batavia Lions Club to be used throughout the community on programs supported  by the Batavia Lions Club.

The registration fee is $40 per person (checks payable to Batavia Lions Club) and must be paid at weigh-in. To register and/or to get further details, call 455-7514, email ascaliajr@rochester.rr.com, or visit online here.

In addition to a T-shirt, participants get weekly support for their weight-loss efforts and can avail themselves to meal plans, fitness programs, planned group events, health and wellness programs, sponsor specials and more.

When you step into the new Batavia Bootery, the experience will be top rate and you will find only quality shoes in stock, say proprietors David Howe and Don Brown.

The new shoe store at 210 E. Main St. is a joint venture between Charles Men's Shop (the establishment of Howe and Brown) and local shoe factory P.W. Minor.

The store's grand opening is this evening from 6:30 to 8.

"Quite frankly, P.W. Minor was looking to have a strong presence in their own community," Howe said. "I think Mr. Zeliff (Pete Zeliff, owner of P.W. Minor) has really made a strong commitment to the community and he wanted to make a commitment to Downtown. As proprietors of Charles Men's Shop, Don and I like anything that is going to help Downtown businesses."

Howe expects the new shoe store to draw on and expand the customer base of the 70-year-old clothing store, which Howe said has a strong local following, but also draws customers from Buffalo and Rochester.

But with limited space, Charles Men's Shop wasn't able to sell shoes to its customers.

"I think a good shoe store has been sorely lacking in Downtown," Howe said. "When Pete approaches us, I said I can't tell you the number of times people have come in to buy a new suit, whether they have a new job, are going to a job interview, a funeral or a wedding, and when we've finished packing the new jacket, shirt and tie, they say, 'I need a pair of shoes.' " 

Now those customers will be taken to Batavia Bootery, Howe said. There, both men and women will find a complete line of high quality, long-lasting, comfortable shoes sold by a knowledgeable, friendly staff. While featuring shoes from P.W. Minor, other companies shoes will also be available, to offer a price range from moderate to higher end, but all shoes from other lines are selected for their quality, comfort and foot health benefits.

"Our customer service is second to none," Brown said. "We're professionals. We got to all the big shows. You're not getting that kind of service in a mall or a big box store. The knowledge, you can't get that from a bunch of stars left by Millennials online."

Batavia Bootery will be the flagship store for p.w. minor, carrying every shoe the 150-year-old local manufacturer carries, including the new Abrams Boots line and the Batavia Boot and Shoe collection, both high-quality brands for the stylish dresser.

The store will also carry the same quality, orthopedic shoes that has made P.W. Minor famous, but in styles that have been upgraded to more attractive and fashionable designs since Zeliff took over the company and saved it from near closure.

Since Zeliff has taken over, he's moved production back to the United States from China and continues to hire more workers and ramp up production as the sales staff finds new customers across the country.

The craftsmanship of P.W. Minor shoes is really impressive, Howe said. They are made to last a lifetime.

"This is a wonderful example going forward of what can be done in America by American workers," Howe said. "I think that’s really cool. Although we’re just a tiny part of what P.W. Minor is doing. We’re really proud to be associated with them and what they’re doing to bring back American workers and American products."

With the passage of the new state budget, there is some relief for local charities looking to conduct raffles, according to Assemblyman Steve Hawley, but not all the reforms in the state gaming law that he would like to see.

Last year, many local charities, most particularly, volunteer fire departments, discovered their traditional fund-raising raffles were potentially in violation of state gaming laws, so most of the raffles were shut down.

Hawley introduced legislation aimed at making these charity raffles legal, but Gov. Andrew Cuomo vetoed the bill after it was passed by the Assembly and Senate.

This year, Cuomo included some reforms in his budget request and with passage of the budget, those reforms also passed.

The changes will allow charities to accept raffle payments by cash or check and to advertise the raffles on the Internet.

Charities will still be prohibited, however, from selling raffle tickets online.

"Those are the big changes and they will be somewhat helpful, but not (in) the place where I’d like to see it," Hawley said.

He is introducing legislation this session to try and get online ticket sales and credit card sales legal for charity raffles.

Interview with Assemblyman Steve Hawley conducted by our news partner, WBTA.

A large crew from National Grid is on Center Street today replacing a utility pole that has been leaning significantly since the windstorm last month. During the storm, power was out in the area and authorities closed Center Street and School Street.

The Town of Oakfield is 175 years old, and to celebrate yesterday evening, town officials dressed up in 1840s-era clothes for a special town board meeting.

The Town split off from Elba and became its own town on April 11, 1842 and by coincidence, the town board had a regularly scheduled meeting for April 11, 2017.

Resident Jay Wolcott, a sixth-generation Wolcott, an original founding family (bottom photo), shared some local history and Supervisor Carol Glor called the meeting to order with a recitation of the history of the formation of the first local governing body.

Highway Superintendent Alan Dennis talked a bit about why officials decided to hold this celebration.

"As a town board, we feel history and local history are important," he said.

Assemblyman Steve Hawley, below, presented the town with an official Assembly proclamation commemorating the anniversary.

Photo: Code Enforcement Officer Mark Mikolajczyk, left, Highway Superintendent Alan Dennis, Councilman Tim Kabel, Town Clerk Melissa Haacke, Supervisor Carol Glor, Councilman Jim Veazey, Councilman Kim Wolcott and Councilman Matt Martin.

An injury is reported in an accident involving a car hitting a tree in the area of 9662 Bethany Center Road, Bethany.

Bethany fire and Mercy EMS responding.

Press release:

The north end of River Street in the City of Batavia, Genesee County, will be temporarily closed between the West Main Street intersection and the Five Star Bank northerly driveway for one day to repair pavement from the winter utility work.

Work is planned to begin in the morning and complete by the end of the day. The work will be done either Tuesday 4/18 or Wednesday 4/19 or Thursday 4/20 depending on weather conditions.

A traffic detour will be posted on West Main Street, South Main Street, and Route 98. Access to Five Star Bank and the immediate residents within the work zone will be provided over the Tonawanda Creek bridge and other Five Star driveways.

Please call the contractor at (315) 521-1212 or 9-1-1 for an immediate emergency. For all other information, you may call (585)451-6538 during normal business hours.

Because she's an older woman in frail health, 61-year-old Dawn Piasta isn't going to jail, Judge Charles Zambito told the admitted drug dealer before sentencing her today to five years probation.

One tiny slip-up while on probation, Zambito told Piasta, and she's going to state prison.

"I want to impress on you that there is going to be no leeway for you," Zambito said.

Piasta said she understood, but she's already violated the terms, by her own admission, of her pre-sentencing release from jail once.  She told a probation officer preparing her pre-sentence report that she smoked marijuana in mid-March.

Normally, Zambito said, that alone, as a violation of her plea bargain, would at a minimum have meant a jail term. But since the Genesee County Jail isn't set up to house female inmates and it would be hard to place her in a neighboring county jail given her health conditions and age, his options were limited.

Piasta has admitted to criminal possession of a controlled substance, in the fifth degree, and criminal possession of a controlled substance, in the seventh degree.

She was arrested in November, accused of selling crack cocaine to an agent of the Local Drug Task Force.

Her defense attorney, Michael Locicero, lobbied for a probation-only sentence because of Piasta's age, health and the circumstances of the charges, which he attributed, at least in part, to intimidation by other people.

"She realizes the gravity and nature of what she got herself into and she's not asking to be absolved of her responsibility," Locicero said. "I ask the court to take these factors into consideration and give her a probation-only sentence."

That wasn't Zambito's plan, he said, before conferring with jail officials on the limitations of housing her for a few months. Given the issues in the community with drug abuse, he said, he thought some jail time would be more appropriate.

"I agree with the D.A.," Zambito said. "You violated the terms of your plea offer and the sentence for your felony conviction could be two-and-a-half years in state prison. I'm not going to do that. My inclination was shock probation (a term in jail followed by probation) even before the violation. I understand the possibility of intimidation, but you are the one who chose to open your home to drug users and drug dealers and start using drugs yourself."

Batavia City Council members on Monday night decided to make the city a bit more "vibrant" this summer by passing a resolution to allocate $4,000 to the Picnic in the Park event at Centennial Park on the Fourth of July weekend.

The funds will be transferred from the committed fund balance -- money from the now-defunct Vibrant Batavia initiative -- to the general fund. As of March 31, the committed fund balance was $52,611.

Council's vote was 8-1 with Rose Mary Christian dissenting.

"I stated before that this would get a precedent started -- and I think that is what is going to happen," she said.

City officials and event organizers have said that the Picnic in the Park was in danger of not continuing beyond this year due to budget constraints.

With the contribution, the city will be named as a sponsor of the 2017 event, which reportedly will include a Beatles tribute band.

Whether Sean Vickers, the convicted child molester, will get a new trial on charges related to several allegations he already faced in Genesee County, is still up in the air while the District Attorney's Office seeks to appeal a court ruling that threw out Vickers' conviction on some of the counts he faced locally.

Vickers is serving 20 years in state prison on his sex crime convictions in Niagara County, but some of the felony counts he was convicted on in Genesee County were dismissed after an appeals court ruled that his rights were violated because the prosecution amended the original grand jury indictments and tried him on counts other than those listed in the original indictments.

An attorney for Vickers, Benjamin Nelson, appeared in County Court this morning arguing that access to papers in the possession of the DA or local law enforcement should be preserved and discoverable by his client, should the case proceed. Nelson is also supportive of the prospect of all records related to Vickers' trial and conviction being sealed because the conviction was overturned.

Assistant District Attorney Shirley Gorman argued that because one local conviction was upheld, and the appeals court ruled that the DA's Office can seek a new indictment, and since the DA's office is seeking a chance to reargue its case before the Court of Appeals, therefore Vickers' case records should not be sealed.

She also argued that Vickers, because of the case he's already been through, already knows of, and has access to, all of the prosecution and law enforcement documents he could possibly get.

Nelson said he was merely seeking the court's acknowledgment that counsel representing Vickers in the future has a right to request documents that he may not presently have seen or know about. He has no current request for specific documents, he told Judge Charles Zambito.

Nelson also raised the possibility that Vickers could seek to bar the people from further prosecution on charges related to the prior indictment because of his rights to a speedy trial and his Constitutional protection against double jeopardy. 

But Gorman said the speedy trial issue wouldn't apply because any delay is the result of Vickers' appeal and not anything the prosecution did, and that by granting the people's right to re-prosecute and dismissing the prior counts without prejudice, there is no issue of double jeopardy.

Zambito said he will review the case and arguments and provide a ruling at a later date.