batavia

Plans to upgrade Kiwanis Park, on West Main Street Road in the Town of Batavia, to become an "inclusive park" (one that accommodates children and adults with disabilities) continue to move forward.

Local community members have been meeting recently, planning the process and starting the fundraising.

One of the first steps is the creation of a Facebook page in support of the project. Go like it.

Previously: Town of Batavia looking at upgrading Kiwanis Park to accommodate children with disabilities

By a one-vote margin, the Batavia City Council voted to raise its annual pay by $1,500, from $2,000 a year to $3,500.

The pay increase was approved by the council last year, but Councilman Pierluigi Cipollone (inset photo) offered a motion to amend the proposed budget for 2012-2013 to delete the increase in pay.

His motion failed on a 4-5 vote with Cipollone, Brooks Hawley, Kris Doeringer and Patti Pacino backing the no-raise motion.

"I have had people come to me, and say, 'you are going to give yourself a raise on top of all this. It’s not deserved,' " Cipollone said. "I didn't take this job for the money."

Doeringer said increasing council pay is moving service on the council into a career, not community service.

"I don’t want to make the council positions about money," Doeringer said. "We didn't take the seats to make money. We're not career politicians. We all do something on the outside. I don’t want to see the City of Batavia move to where people want to be on council because they think it’s a job."

Councilman John L. Canale (bottom photo) noted that he voted agaisnt the raise last year because he felt it was too soon after seating a new council to be making that kind of decision.

Since then, he said, the council has proven to the public it deserves the raise.

"I said I would have the full intention of voting myself a raise this year if as a team we could prove to the constituents that we can do the job," Canale said. "I think in the last year, especially with the freshman that were on the council, along with the experienced ones, I think we have well proven to the general public that we can work as a cohesive unit."

He said the proposed budget, with a 16-percent decrease in taxes, is proof of the bipartisan nature of the council.

Councilwoman Rose Mary Christian said that what she hears from constituents is that council members should be paid more.

"I don’t know who you talk to, but there are people I talk to who say we don’t get enough for the crap we have to go through," Christian said.

City Manager Jason Molino informed council members Monday night that he's found another 2.17-percent savings in the city's 2012-2013 budget.

He also shared how he believes some city residents will save money under the proposed changes in garbage collection service.

Molino also proposed making a first-year commitment of $45,000, taken from reserve funds, to back community enhancement plans put forward by the Vibrant Batavia committee.

The new proposed tax rate is $8.95 per thousand of assessed value, which is a 16.42-percent decrease from the 2011-2012 tax rate of $10.71.

For a property owner with an assessed value of $80,000, that is $140.80 savings in tax payments.

As part of the budget presentation during the workshop meeting last night, Molino shared figures based on Batavia's average assessed value for single family homes of $92,000 that showed such a homeowner would save money with proposed changes to the garbage collection service.

City staff is proposing a switch to an automated tote system -- residents would wheel totes out to the curb and a one-man garbage collection truck would drive by and use a lift to pick up the tote and dump trash into the truck.

The lowest bidder to take over the garbage collection under the new system is Allied, based in Arizona. If Allied is awarded the bid, it would end nearly 30 years of garbage collection in Batavia by Genesee ARC.

The actual projected savings are based on Molino's contention that taxes will have to go up if the current program with ARC is continued into 2012-2013.

To continue the current garbage collection system, taxes would need to go up to $11.14 per thousand, Molino said.

He said for a home assessed at $92,000, the property owner would pay $823,40 for a 35-gallon refuse tote. The refuse fee would be $169 annually for a total spent on property taxes and garbage collection of $992.40.

For 2011-2012, that property owner is paying $985.32 in a single bill that covers property taxes with garbage included, so the new system would cost $7.08 more.

However, Molino said the tax rate cannot remain at $10.71 if the council elects to keep ARC without the totes.

The tax rate would have to go up to $11.14, making the tax levy for that $92,000 home $1,024.88 -- or $39.56 over this year's taxes.

Using those numbers, the person who owns a $92,000 home would save $32.48 with a 35-gallon tote. The homeowner would save $3.48 with a 96-gallon tote (which has a refuse fee of $198 annually).

Here's a charge looking at various options:

Assessed Value Current tax of $10.71 $8.95 + $169 Fee Tax Rate of $11.14 $70,000 $749.70

$795.50

$779.80 $80,000 $856.80 $885.00 $891.20 $92,000 $985.32 $992.40 $1,024.88 $105,000 $1,124.55 $1,108.75 $1,169.70 $120,000 $1,285.20 $1,243.00 $1,336.80 $160,000 $1,713.60 $1,601.00 $1,782.40 $200,000 $2,142.00 $1,959.00 $2,228.00 $250,000 $2677.50 $2,406.50 $2,785.00

Councilwoman Patti Pacino said she's had constituents raise the issue with her that they don't understand why the city is projecting an increase in garbage collection costs when ARC hasn't been raising their prices.

Molino said the increase is due to annual hikes in the tipping fee costs for refuse disposal at a facility in Riga.

CORRECTION: Molino said ARC has raised rates over the past five years.

Councilman Jim Russell asked why the city has separate contracts for garbage collection and garbage disposal and Molino said the arrangement is unusual, but it was put in place decades ago.

Typically, Molino said, there's just one contract with a refuse collection company, because such a company can usually get better rates from waste facilities (be they dumps or incinerators) because of the greater volume one collection company generates over multiple jurisdictions.

Buying the totes will cost the city about $500,000. The city will borrow the money on what's called a "bond anticipation note." Such a financial scheme allows the city up to five years to pay back the loan or it must issue a bond. The cost of the totes are built into the user fee and will be paid back through the user fee within five years.

The totes have a 10-year warranty, but on average, they should last 15 years, even in Batavia.

Once the totes are paid for, the council will have a decision about what to do with the extra fee being charged -- lower the rate, save it for buying new totes in future years, or a combination of both.

On the issue of Vibrant Batavia: The council will be asked to pass a measure that will create an official committee and fund the projects of Vibrant Batavia for $45,000 for the first year.

Vibrant Batavia is being asked to increase its fundraising commitment from $22,000 to $27,000.

Vibrant Batavia is a community development program that will work on neighborhood revitalization, marketing the city and planning for the city's centennial celebration.

Initially, Vibrant Batavia requested $50,000 a year for three years. The council will review the progress of Vibrant Batavia after the first year and decide whether to fund it further.

"If it goes well, then you're second and third year discussions will be easier," Molino said. "If it doesn't go well, you discontinue it."

A proposal by Gov. Andrew Cuomo to curtail sales tax exemptions on new development and redevelopment projects could hurt such projects locally, according to City Manager Jason Molino and Steve Hyde, CEO of the Genesee County Economic Development Center.

"Losing the ability to offer state portion of sales tax exemptions dilutes our financial assistance offerings at the local level," Hyde said. "That hurts since we remain the 49th most expensive state to do business in."

Nearly all projects that come to the Industrial Development Agency for assistance and the promise of job growth receive a sales tax exemption on building materials, plant expansion and/or new equipment.

The City of Batavia has been aggressively pursuing projects that redevelop commercial parts of the city -- called "brownfield redevelopment" -- and the loss of the sales tax exemption could be a setback for those plans.

While Molino is reserved in his judgement since the governor's budget is still in the early proposal phase, he said if the elimination of sales tax exemptions goes through, it won't be good for Batavia.

"I think it has the potential to negatively affect any economic development effort that would use sales tax exemptions as part of its model for development," Molino said.

Hyde said much of the redevelopment necessary in the city won't qualify for the state's "excelsior program," which provides tax credits for strategically targeted industries, so maintaining the sales tax exemption is critical.

"We can support some really exciting things developing in the city to the fullest extent possible," Hyde said.

The Buffalo News carried a story this morning about how the budget proposal will be a setback for redevelopment in Buffalo.

Hyde encouraged constituents to reach out to the governor's office and express concern about the proposal.

"This topic is important as community development projects will be negatively impacted considerably and those are the lifestyle projects important to our  residents," Hyde said.

Shawn Robert Klineline, 30, of Batavia, is charged with criminal possession of a controlled substance and possession of a controlled substance not in original container. Klineline was stopped for alleged traffic violations at 12:59 a.m. Saturday by Deputy Patrick Reeves, and found allegedly in possession of a non-prescribed controlled substance not in its original container.

Jeffrey Russell Hamill, 34, of Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding (76 in a 55 mph zone). Hamill was stopped at 1:43 a.m. Saturday on Route 77, Pembroke, for allegedly speeding by Deputy Patrick Reeves.

Justin Michael Beverly, 23, of Creamery Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings in a no-passing zone. Beverly was stopped at 1:37 a.m. Saturday on Warboys Road, Byron, by Deputy Jason Saile.

Gary Wayne Wornowski, 30, of East Aurora, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle and inadequate muffler. Wornowski was stopped at 11:30 p.m., Jan. 1, on Route 5 in Pembroke, by Deputy Patrick Reeves.  Wornowski was recently issued a summons to appear in Town of Pembroke Court at 5:30 p.m., Feb. 28.

Kathleen R. Cramer, 49, of 4 South Lyon St., Batavia, is charged with petit larceny. Cramer is accused of shoplifting from Dollar General.

Kenneth W. Cook III, 19, of 108 Oak St., Batavia, is charged with criminal contempt, 2nd. Cook was allegedly observed with a person he is ordered not to contact. Cook was jailed on $1,000 bail.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with criminal contempt, 2nd. Betances is accused of sending text messages to a person protected from contact by court order.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. 1, Batavia, is charged with criminal contempt, 2nd. Ricks is accused of violating a stay away order of protection.

Press release:

Batavia-based Grease Lightning, founded and operated by local residents Ben and Jackie Thompson in 2009 have just launched their most ambitious expansion to date as 11 new locations opened January 15th -- seven in suburban St. Louis, three in Indiana and one in Illinois.

This brings their total number of fast lube and repair shops to 40 in five states. Grease Lightning’s Batavia-based shops are Grease Lightning at 4003 W. Main St. and Castrol Premium Lube Express at 50 Liberty St.

Grease Lightning’s shops have owner/operators at the local level and the company is interested in finding prospective owners to help grow what has been for the last three years the fastest-growing independent chain of fast lube locations in the U.S.A. The company also has car and truck rental, towing and detail operations.

Interested parties who would like to own a location should contact Ben Thompson by calling 716-649-9374. You can find the company on the Web at www.mygreaselightning.com.

Black smoke is reported coming from a Dumpster at the Quality Inn, 8200 Park Road, Batavia.

Town of Batavia fire responding.

A chief on scene confirms smoke from the Dumpster. It's about 50 feet from the building.

UPDATE 4:40 p.m.: Town of Batavia back in service.

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Two longtime rivals, the teams representing "Genesee Hardware" and "Pino Vincenzo" returned to annual "Snow Ball" battle Saturday in Williams Park.

The two teams started a tradition of playing a winter softball game as youths, and didn't play a match for about 20 years before returning to the park last year.

To purchase prints, click here.

Bullet holes from a single shot were found in the engine compartment today of a car that was parked at Walmart the night of Jan. 22.

State Police investigators have been looking into the incident ever since the report was filed on it that evening.

Today, Investigator Andre Dunlap received a call after a local mechanic spotted a hole in the transmission of a car.

That was an unexpected twist in the case that so far has not led to an arrest.

Multiple law enforcement sources have said there may gang affiliations involved with the shooter and possible target and the shooting may be related to a prior incident months ago in the City of Batavia.

Dunlap said the owner of the car noticed the vehicle was not running right and that when the weather turned cold, the car wouldn't heat up.

The driver took the vehicle to a mechanic who had worked on the car previously and he put antifreeze in the radiator. The radiator immediately began to leak, so he replaced it.

When the owner got the car back, after a few days, it still didn't seem to run right and then it stopped working altogether.

This morning, the mechanic put the car on a lift and that's when he noticed the bullet hole in the transmission. Fortunately, he still had the old radiator and upon closer inspection, he found a bullet hole in the radiator, too.

There was also a hole in the compressor for the air conditioner.

But a thorough search of the engine compartment failed to turn up the actual bullet, and Dunlap suspects it fell to the ground at Walmart after hitting the transmission.

The investigation into the shot fired at Walmart is ongoing and no further information is available at this time.

When I drove over to Williams Park this afternoon, I expected to find a group of grown men playing softball in 19-degree weather. I didn't expect find a football game.

Dozens of Batavia residents were in the park today for a six-team tournament sponsored by Ri-Dan's Brewery on West Main Street Road, Batavia. One of the players told me putting the tournament together was kind of a last minute thing and he thinks there will be more winter football in the park.

To purchase prints, click here.

UPDATE: Tony Ray sent the following info: "The team who won the flag football tournament: Team Game Over won the finals 28-14 going 4-0 on the day. Players are Tony Ray, Andre Kinder, Derek Kinder, Dale Buck, Travis Schultz, Ryan Gugel, Aaron Gugel, Jared Hyatt, Ramon Andino, Casey Busenbark, Chaz Weese."

Photo submitted by Tony Ray:

Raymond L. Leach Jr., who in August entered a guilty plea to criminal contempt is facing a new 16-account indictment for his alleged treatment of a local woman and his alleged sexual assault on an inmate at the Genesee County Jail.

Leach, 55, who was the subject of arrest reports in 2012 that listed his home address as both 29 Montclaire Ave., Batavia, and Munson Street in Le Roy, is accused of committing crimes in August (just five days after his conviction in county court) and November, 2012.

The Grand Jury of Genesee County indicted him on five counts of criminal contempt, 1st, a Class E felony, four counts of aggravated criminal contempt, a Class D felony, two counts of harassment, 2nd, a violation, and two counts of aggravated sexual abuse, 1st, a Class B felony.

On Aug. 14, Leach allegedly called a woman and told her, "I will kill you if I find out otherwise." An order of protection had reportedly been issued prior to the call.

The alleged incident accounts for the first four charges in the indictment.

On Aug. 15, Leach allegedly had contact with the same woman, in violation of the order of protection.

On that same day, Leach allegedly either struck, shoved and kicked the woman, or threatened to physically attack her.

The alleged incidents of Aug. 15 account for seven counts of the indictment.

On Nov. 21, Leach allegedly forced a toothbrush up the anus of another inmate, causing physical injury to the person. The inmate was allegedly asleep at the time.

The alleged incident in the jail accounts for five charges on the indictment.

Our first arrest report on Leach was in 2008, when Leach was accused of making a threatening phone call.

Press release:

Please be advised that Batavia City Council will hold a budget work session on Monday, Feb. 4. It will begin at 6 p.m. in the Council Board Room on the second floor of the Batavia City Centre.

Steven Edward Rheinheimer, 18, of Beachwood Place, Cheektowaga, is charged with burglary, 3rd, and petit larceny. Rheinheimer is accused of entering a building in Darien and stealing property some time during the month of December. Rheinheimer allegedly returned to that location at a later date in December and stole property from outside of that building. He was arraigned and released under supervision of Genesee Justice.

Elijah J. Dawson, 18, of 20 North Spruce St., Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Dawson is accused of punching and knocking down another person while in the presence of a child. Dawson was jailed on $1,000 bail.

Troy D. Hubler, 42, of 7634 Byron Holley Road, Byron, is charged with criminal contempt, 2nd, failure to appear and unlicensed operation, 2nd. Hubler turned himself in on two warrants. He allegedly violated an order of protection and failed to appear on the unlicensed operation count. Hubler was jailed on $2,500 bail.

Alex S. Dumbleton, 19, of 121 Liberty St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Dumbleton is accused of punching a person under age 17 several times.

Derek F. McQueen, 25, of Akron, is charged with acting in a manner injurious to a child. McQueen was arrested by State Police in relation to an alleged incident reported at 1:04 p.m., Jan. 12. No further details were released. McQueen was jailed on $5,000 bail.

Bernard L. Evans, 42, Pavilion, is charged with criminal contempt and harassment, 2nd. Evans was arrested by State Police in connection with an alleged incident reported at 1:17 p.m., Sunday. No further details released. Evans was jailed on $2,500 bail.

A Fairmont Avenue resident will serve a three-month intermittment jail sentence as a result of welfare fraud in 2011.

Lee Heckman, 35, of 5 Fairmont Ave., Batavia, was sentenced today in Town of Batavia Court by Judge Michael Cleveland.

He admitted in March to obtaining under false pretenses $2,176.13 in temporary assistance and food stamps through DSS from March 2011 through July 2011.

Hackman was working as a self-employed scrap recycler while drawing benefits and didn't disclose the income.

According to DSS officials, Hackman has already paid his restitution.