batavia

At least five people showed up to Present Tense Books on Thursday as a result of the Genesee Cash Mob effort organized by Chris Charvella.

There may have been more customers come in because of the novel effort to promote local businesses, said owner Erica Caldwell, but only five people said specifically that they came in because of the "cash mob."

"I know some of them hadn't been in the store before and I think it's fantastic if it gets people to visit a store they hadn't been in before," Caldwell said.

It's hard to say, said Caldwell, if the business day was bigger than normal.

"There is no normal," she said. "Business fluctuates so much day to day, there is no baseline to compare it to."

But that's almost beside the point, Caldwell indicated.

The key of the Genesee Cash Mob idea is to promote the idea of shopping locally at independently owned businesses, which Caldwell fully supports.

"It was definitely worth it," Caldwell said.

And she figures being the first cash mob effort, the participation will only grow. She didn't have high expectations for a big return, being the business selected for the first week.

"It was wonderful being the first business selected," Caldwell said. "I'm very proud of that because it means we must be doing something right."

The following streets in Downtown Batavia will be closed from 8 a.m. until 11:30 p.m. on Saturday: 

Bank at Washington
Main at Upton Monument
Main at Liberty / Summit
Jackson at Ellicott
Center at School
Court at Ellicott
Jefferson at intersection of Tonawanda Valley FCU and Wendy’s parking lots
Wendy’s - Main Street entrance

For the Don Carroll 5K,  barricades set up at:

Post Office / Police Station parking lot at Jefferson (3 p.m.)
Jefferson and Washington Avenue (at noon)
West side of Jefferson along Austin Park - cones at 8 a.m.

Main Stage: Will be located in front of Wendy’s / County Building #1 on Main Street facing east. Entertainment: begins at 2 and ends at 10 p.m.
Featured: Terry Buchwald “Elvis”, Ghost Riders and Shama Lama

Vendors: Crafters and nonprofits will be located on Main Street. Food and commercial vendors will be on the northside of Main Street from in front of Larry’s Steakhouse west to corner of Main and Jefferson. KidsZone will be in front of City Hall in the parking lot. Commercial and nonprofits will be on south side of Main Street from Jackson Street west to Court Street.

Super Cruise: Vehicles will be on both sides of Main Street from Jackson Street east to Liberty / Summit. Overflow of vehicles will be parked on Jackson, School  Center and Bank Streets.

Valeriya Melnichuk, a foreign exchange student who worked as an intern for Genesee Justice over the summer, will return to her home in Kyrgyzstan with a few big impressions of Batavia.

First, the people are friendly.

Also, in her time at Genesee Justice, she saw first-hand the benefits of educating drunken drivers about the dangers of DWI.

Genesee Justice also opened her eyes to ways her own country's justice system could better assist victims of crime.

And one observation that might not surprise some readers: American sure go easy on their criminals.

The 19-year-old Melnichuk is a student at American University in Central Asia. She is majoring in international and comparative politics with a minor in law.

She speaks Russian, Kyrgyz, French and English, and her English is nearly flawless.

Her first visit to Genesee County was in 2008 when she was an exchange student at Pembroke High School.

When she graduates she hopes to work in her home country on public policy, particularly as it relates to law.

The internship at Genesee Justice, she thought, would give her a perspective on how policy devised at one level of government impacts local government.

For example, the provision of Leandra's Law that requires convicted drunken drivers to install ignition interlock devices could have used a little more policy study before being implemented, Melnichuk said.

The law, while well intended, will eventually bankrupt the interlock device companies, she said, because it's too easy for drivers to claim they can't afford the devices, and if a judge agrees, the device is provided and installed at the expense of the company.

"There's too many people who get them for free," Melnichuk said. "They tell the judge they can't afford it, but they drive a nice car and they can afford to get drunk. I see the good idea in it, but they're too easy to get for free."

Two ideas that Melnichuk would like to take back to Kyrgyzstan are rooted in the restorative justice mission of Genesee Justice.

First, Melnichuk she thinks that it's a good idea to require people convicted of DWI to be educated on the dangers of DWI, to have their progress monitored and to require them to do some community service.

"It's not just letting people pay a fine or go to jail," she said. "They have to think about what they've done."

Second, she believes it's a good idea to provide a victim assistance program. Genesee Justice helps victims understand the criminal justice system, walks victims through court proceedings and ensures they get restitution.

She recalled one case this summer where a poor family in Batavia that relies strictly on bicycles for transportation, had a son's bike stolen.

Genesee Justice, while looking for a donated bike, found the stolen bike and returned it to the boy.

"That's a small thing, but it helps a lot," she said.

It's also a part of small-town life that Melnichuk, who comes from a city of one million people, came to appreciate.

In Genesee County, almost everybody knows somebody else that you know, and people are friendlier.

"It's not like my home city or New York City, where everybody is in a hurry," Melnichuk said. "Here people will smile and say hello even if they don't know you. In the city, you rush through and it's good if you still have your purse after you run through a crowd."

Still, Melnichuk is surprised at the seemingly light sentences convicted criminals get in New York.

She said maybe it's just the way she was raised -- strict parents who gave her the freedom to pursue her dreams, but required discipline, or a school system that required uniforms and wouldn't allow students to talk during class or sass teachers -- but she thinks the sentences given to convicts are pretty minimal.

"Your prisons are pretty nice," Melnichuk said. "Compared to back home, they're a lot nicer. And here, some person will commit some horrible crime and they'll get just seven years. Me, I would have given them 25 years."

With her internship nearly done, the observations made and the lesson's learned, Melnichuk is ready to return home a week from Sunday, but she said she has really enjoyed her time in Batavia.

A hand-painted sign on the back of Main St. Pizza Company on East Main Street, Batavia, has the local zoning board's blessing, according to shop owner Vic Marchese.

He said that the zoning board approved a variance for the sign on Tuesday, even though the county planning board had recommended disapproval.

The sign was painted by local muralist Vinny DelPlato earlier this summer. It was only after Delplato completed the work did Marchese learn the painting, considered a sign, not art work, needed city approval.

Press release:

Batavia Development Corporation (BDC) today announced its appointment of Julie Pacatte as the Economic Development Coordinator for the BDC. Ms. Pacatte was selected following a statewide recruitment process.

Ms. Pacatte has been involved with various aspects of economic development for the greater part of 20 years. From 1993-2003, she worked in real estate development in both Florida and Maryland. From 2003-2005, Julie served as the director of external affairs for the Schoharie County, NY, Chamber of Commerce in the Capital District region. From 2006-2010, Julie served as an economic development associate and Empire Zone coordinator for the Schoharie County Industrial Development Agency prior to relocating to Clarence, NY, with her family last year.

BDC President Ray Chaya said, “We are delighted to have Julie join our team. She brings a great deal of experience and background to Batavia and we look forward to working closely with her and other groups in the community to further push the city’s economic development efforts.”

The Batavia Development Corporation is a local development corporation established in 1994 to assist with economic development, redevelopment and job creation efforts within the City of Batavia. Since 2003, the City and BDC have accessed several statewide economic development programs in order to make small business loans and grants locally. As a result, more than $1.3 million has been awarded to 80 small businesses in the city that has leveraged nearly $2.5 million of private investment. Approximately 280 jobs have been created or retained in the last seven years.

“Julie brings a breath of fresh air to our economic development plans for the city. Her experience with communities of similar size to Batavia will be great asset moving forward,” commented BDC Vice President Dan Fischer.

Ms. Pacatte will be focused on administering the city revolving loan funds, assisting with small business development and growth, industrial/mixed use development, downtown growth/revitalization and administering economic development grant programs.

Currently the BDC offers two separate small business loan programs: a loan up to $30,000 to create or retain jobs and a grant/loan program providing up to $10,000 grant/$10,000 loan targeting business owners that are low to moderate income or have at least 51 percent of their employees in the low to moderate income level.

The new economic development coordinator position was funded through a formal partnership between the BDC and the City of Batavia. The partnership between the BDC and the city calls for $90,000 annual budget for a two-year trial period offering a $60,000 salary. The city has contributed $10,000 while the balance of funds are committed from the separate revolving loan program. Ms. Pacatte’s office is located in City Hall on the second floor.

Please contact Julie Pacatte at 345-6380 or visit the Batavia Development Corporation website at www.bataviadevelopmentcorp.org for more information.

The 7th annual "Summer in the City" festival will be held in downtown Batavia from noon to 10 p.m. this Saturday, Aug. 20.

There will be more than 30 food and craft vendors, a great lineup of entertainment by Genesee County’s own Ghost Riders, Terry Buchwald “Elvis”, Shama Lama (Nik Entertainment), a KidsZone, and a Super Car Cruise & Motorcycle Alley with over 350 cars and motorcycles.

Plus, Donny Carroll’s 5K Race & Walk is back. It starts at 5 p.m. on Jefferson Avenue. Former Olympian John Tuttle will be participating in the race to raise money for Donny’s Toys for Kids. For more details about the race visit: DonCarrollRace.Com.

The main stage will be on Main Street in front of County Building #1. Food vendors and kids activities will be on Main Street as well (from Jackson to Court and Jefferson). All crafts and nonprofit booths will be on Main, Court and Jefferson (near the main stage area). The Super Car Cruise will occupy Main Street from Jackson to Liberty Street, along with sections of Bank, Center, School and Jackson streets.

For more information and applications for “Summer In the City” festival call 585-344-0900 or visit the B.I.D. website at www.downtownbataviany.com. or Facebook: Downtown Batavia Business Improvement District. This event is brought to you by the Batavia Business Improvement District.

A State Street resident who is under supervision of NYS Parole was stopped on Richmond Avenue by a parole officer and allegedly found in possession of cocaine.

Local Drug Enforcement Task Force members assisted in the arrest of John Henry Butler, 29, of 160 State St., Batavia.

Butler was allegedly found in possession of a quantity crack cocaine and a search of his residence allegedly turned up drug paraphernalia.

The parolee was charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd.

Following his arrest, Butler was arraigned in Batavia City Court and jailed with no bail.

A 26-year-old Batavia resident is accused of selling cocaine to an agent of the Genesee County Local Drug Task Force on two occasions in the past six months.

Taken into custody is Patricia M. Anderson, of 193 S. Main St., Batavia.

Anderson is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Following arraignment in Batavia City Court, Anderson was jailed with no bail.

It is "Genesee Cash Mob" day at Present Tense Books, on the corner of State and Washington.

The event, organized by Chris Charvella, is designed to encourage local residents to shop at local businesses. Each week -- this is the first week -- people nominate a local business to support for the day by spending at least $10 at the store. Present Tense won the first-round voting.

Douglas James Clark, 40, of 4224 Batavia-Elba Townline Road, Oakfield, is charged with assault, 3rd. Clark is accused of throwing a rock at a person at 4 p.m., June 24, in Batavia. The victim was injured.

Charles Joseph Finnin, 41, of State Street Road, Batavia, is charged with harassment, 2nd. Finnin is accused of pushing another person during an argument.

Ronald Jason Scroger, 31, Swan Street, Batavia, is charged with petit larceny. Scroger is accused of shoplifting from Walmart.

Katelyn Christen Kubala, 22, of Maple Street, Batavia, is charged with petit larceny. Kubala is accused of shoplifting from Walmart.

Jason Lance Washington, 21, of Eller Street, Buffalo. Washington was turned over to the Genesee County Sheriff's Office by the Erie County Holding Center upon his release from custody on a bench warrant out of Bergen Town Court. The original charge is grand larceny, 4th. Washington was jailed in lieu of $1,500 cash or $2,000 bond.

Rancho Viejo, Batavia's new Mexican restaurant, opened at 11 o'clock today.

Owner Leon Ramirez, right, said he decided to open a restaurant in Batavia because it seemed like a good market and there was no Mexican restaurant in Batavia.

Ramirez completely remodeled the former Ponderosa location on Ellicott Street.

This is Ramirez's fifth location. He also owns Mexican restaurants in Mt. Morris (his home), Cornell, Waterloo and Fairport.

"I invite everybody down to give us a try," Ramirez said. "I promise them very real Mexican food."

Pictured with Ramirez is Jonathan Martinez.

John Sisson, above, tries out the revitalized bowling lanes at Mancuso Bowling Center, behind T.F. Brown's, in Batavia.

All 24 lanes were screened (kind of like sanding) and recoated over the summer, according to manager Mike Sputore.

At one time, the Mancusos recoated the lanes only every few years, now they try to do it every year or two.

"We've noticed better scores with the more frequently we do it," Sputore said.

In an effort to spiff up the lanes even more, the walls have been repainted, the bowler's approach area resurfaced and many worn parts of the pin machinery replaced.

To help give bowlers a chance to try out the revitalized lanes, Mancuso's is offering $1 per-game specials from 4 to 9 p.m., Aug. 20 through Aug. 26.

Through August, Mancuso Bowling Center is open 3 to 9 p.m. and from noon to 8 p.m. on Saturdays and Sundays.

St. Mary's Church, of Batavia, got a visit from the Blessed Virgin Mary Monday night. The church at 20 Ellicott St. was one of her last stops in Genesee County as she tours the Catholic Diocese of Buffalo.

The International Pilgrimage Statue of Our Lady of Fatima has been crisscrossing the Western Hemisphere for the past 64 years (there is another statue made for pilgrimages in the Eastern Hemisphere). It was sculpted in 1947 by Portuguese sculptor Jose Thedim, who based it on descriptions provided by one of the children who received visions of the Virgin Mary at Fatima, Portugal, in the summer of 1917.

According to Carl Malburg, one of the statue's custodians, the Bishop of Fatima commissioned the Pilgrimage Statue 30 years after the three children -- Lucia, Jacinta and Francisco -- received the visions.

"The idea came from the message," Malburg said. "It was meant for all the world, not just the people of Fatima."

"Fatima is not over," said Malburg's fellow custodian Patrick Sabat (pictured below), referencing Pope Benedict XVI. "There is a continued need for prayer and penance."

Addressing the people who attended Monday's service, he added: "Pope John Paul II said the message of Fatima is more urgent and more relevant now than it was in 1917."

Much of the content of the Fatima visions -- which began on May 13 and occurred on the 13th of every month until October -- deals with the harm that human sins do to the world, leading to war and destruction. The Virgin Mary reportedly told the children that if enough people carried out her instructions, there would be peace on Earth.

"Pope Benedict XV (who was Pope at the time of the Fatima visions) called Mary the Queen of Peace," Sabat said, adding that her intercession would work "when all human efforts at peace had failed."

Malburg, of Indiana, and Sabat, of the Philippines, escort the Pilgrimage Statue in its travels on behalf of the International Pilgrim Virgin Statue Foundation, which is based in Munster, Ind. With permission from Bishop Edward U. Kmiec, they are making a 21-day trip through the Buffalo diocese.

Interestingly, the Buffalo diocese was the first place the statue visited in the U.S. on her very first pilgrimage in 1947. One of her stops was Our Lady of Fatima Church in Elba.

"And we thought, 'Why not bring her back?'" said Sally Ross, Ph.D, a member of St. Padre Pio Parish (which includes Our Lady of Fatima in Elba and St. Cecilia's Church in Oakfield).

Ross was the one who came up with the idea of bringing the statue back to Western New York for a pilgrimage. It all started when she, as a member of Our Lady of Fatima, did some research into how her church got its name. She learned three interesting facts about the Elba church:

1. The Pilgrimage Statue's visit in 1947.

2. It is the oldest church in the U.S. to bear that name.

3. The knoll in front of the church on which the Fatima Shrine is now located was once used by the Ku Klux Klan as a place to burn crosses.

Fact number three is especially interesting if you think about the Fatima message.

"Our Lady wants all her children to live together in peace and harmony," Malburg said. "She said that if we follow her instructions, there will be peace."

To that end, Sabat called everyone to be "Prayer Warriors."

"This is a different kind of war," he said. "It's a war of reparation for the sins of the world."

According to a pamphlet from the International Pilgrim Virgin Statue Foundation, fighting this war includes making each of one's daily sufferings a sacrifice in atonement for sin, praying the Rosary every day, and wearing the brown scapular as a sign of consecration to the Immaculate Heart of Mary.

Miracles and favors have been reported in areas the statue has visited over the years. One of the most famous of these miracles is the "Miracle of Tears," which refers to reports of the statue crying human tears in more than 30 instances.

While there may not have been any tears in Western New York so far, people have been affected by the statue. The pilgrimage isn't over yet, and Ross has already gotten some follow-up calls.

"I wish I could have recorded them, (as they talked about the message)," she said. "Even just the timbre of their voices...it's just incredible."

As much of an impact as the statue has had, Sabat and Malburg were both very clear that Catholics do not worship Mary or statues.

"A statue's just a piece of wood," Malburg said. "And the person it represents (Mary) is not divine. But we do talk to her and ask her to pray for us."

He also said that he sometimes meets fundamentalists who object to giving this type of honor to Mary. To this he replies, "You have a guardian angel, don't you?" His point is that Catholics talk to Mary the same way most Christians might talk to their guardian angels.

"Mary is still the greatest catechist (teacher of the faith)," Sabat said. "She's a role model for all Christians, and we continue to imitate her virtues. Our goal is to be as close to Christ as possible, and she was the closest person to Christ there ever was."

St. Joseph's Church welcomed the Pilgrimage Statue at Mass this morning. It is heading to Orleans County today, but will return for a visit to the New York State Veterans' Home on Aug. 19. All total, it will make seven more stops throughout the region before the pilgrimage concludes on Aug. 22.

For more information, go to www.pilgrimvirginstatue.com.

Supplemental Video: Malburg and Sabat on local news show in Cincinnati

An oven fire has extended into the kitchen of an apartment at 86 1/2 S. Main St. in the City of Batavia. City crews are responding.

UPDATE 3:37 p.m.: They are opening the windows and venting the place. There is a lot of smoke but no flames.

UPDATE 3:39 p.m.: The fire is out.

UPDATE: Photos submitted by Frank Capuano.

Bob Matthews, who has always hated the idea of pro baseball in Batavia (I have no idea why), has a column in the D&C today lamenting the new rankings by Street & Smith of minor league cities.

Rochester has fallen to #20.  

But also bad in Matthews' mind is that Batavia came in fairly high among 241 cities ranked.

Batavia was No. 36. I have no idea why.

The baseball Muckdogs are the only pro team, they're operated by the Red Wings and they could be on shaky ground. Batavia ranked 42nd in tenure (for how long?), 81st in attendance (no way) and 98th in economy.

The full rankings can be viewed here.

Unfortunately, Street & Smith doesn't explain its attendance ranking, but it's probably based on a percentage of the host city's population, and with less than 16,000 people in the City of Batavia, the percentage for the Muckdogs is pretty good.

There are a handful of cities ranked above Batavia with only one sports franchise.

Lance P. Johnson-Kosiorek, 18, of 335 Bank St., Batavia, is charged with menacing, 2nd. Johnson-Kosiorek allegedly displayed a knife and threatened an acquaintance during a verbal argument at 11:45 p.m., Monday.

Name Redacted Upon Request, 19, of Lindwood Drive, Brockport, was arrested on a bench warrant out of Genesee County Court. xxxx allegedly failed to comply with his release under the supervision contract with Genesee Justice.

A lawsuit filed by a group of local plumbers against the City of Batavia over an alleged lack of a qualified person in the plumbing inspector role and the make up of the plumbing board was dismissed Aug. 8 by county Judge Robert C. Noonan.

The decision was made public today.

Noonan ruled that the plaintiffs failed to present any facts that could be used at trial to support their claims and that the city had demonstrated it has made every effort to comply with New York's General City Law.

City Manager Jason Molino said the dismissal substantiates what officials have been saying all along.

"We're happy to see the court agreed that the city has made its best effort, done its due diligence, to do what's best for the taxpayers," Molino said.

The attorney for the plumbers, Brian Degnan, could not be reached for comment. We also tried contacting the plumber who has been most outspoken on the issue, Barbara Toal, and were unsuccessful.

Molino said the city's efforts to bring fairness and impartiality to the plumbing board and the exam process have been successful.

In the past year, the city has gained six new licensed plumbers, he noted.

One of the controversies that arose last year about the plumbers is that the licensing exam had some poorly constructed questions and the grading wasn't being applied fairly. Three people who had taken the test and given failing grades were re-graded by Assistant City Manager Sally Kuzon and all three passed (Correction: two of the three were passed by the plumbing board.)

As part of the lawsuit, the plumbers challenged Sally Kuzon's qualifications to grade the test and to sit on the plumbing board. In addition to being the assistant city manager, she is director of the Public Works Department.

The suit also challenged Code Enforcement Officer and Superintendent of Water/Wastewater Matt Worth's appointment under an emergency declaration as plumbing inspector to the plumbing board, and the qualifications of Bill Hays as a journeyman plumber to sit on the plumbing board.

Noonan ruled that all three people were qualified for their positions under the guidelines of state law and that the city had made every effort to find a qualified master plumber willing to give up his or her business in order to become a plumbing inspector.  

The ruling states that the plaintiffs failed to establish that the city had disregarded its statutory duties under General City Law.

The suit was brought by Mark Walton, Peter Dellapenna, Kenneth Toal, Ryan Toal, Henry H. Cook, Ryan Cook, Christopher Cook, Ronald Toal, Paul Salway, Larry Toal, Barbara Toal, Walter Szczesny and Carl McQuillen.

For previous coverage of plumbing board issues, click here.

An 82-year-old man was critically injured Friday afternoon when the three-wheel bike he was riding on Park Road was struck by a motorcycle.

According to Sgt. Kurt Schmitt, State Police, Gerald Sojda, of Park Road, Batavia, was southbound on Park when he pulled his bike into traffic and was struck by a 2009 Harley ridden by Noah Majewski, 22, of Batavia.

Sojda, who was transported to ECMC by Mercy EMS, was listed in critical condition because of his age and a significant amount of blood loss.

Schmitt said troopers spoke with Sojda's daughter today and "all signs look encouraging" for his recovery.

No citations have been issued, Schmitt said.

Christopher Michael Lambert, 31, of Elm Street, Batavia, is charged with burglary, 2nd. Lambert is accused of entering a residence on Log City Road, Elba, after being told to stay away. Lambert allegedly stole money and a new Garmin GPS unit. Bail was set at $25,000.

Jenea Marie Macleod, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and no headlights on an ATV. Macleod was stopped at 10:08 p.m., Saturday, on Genesee Street in Pembroke by Deputy Howard Carlson.

Tracy Lynn Polak, 40, of Aldercreek South Road, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, operating with registration suspended or revoked and driver's view obstructed. Polak was stopped at 10:36 p.m., Wednesday, on Route 77, Corfu, by Deputy Patrick Reeves.

Jonathan David Eldred, 27, of Main Road, Akron, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Eldred was arrested at 10:46 p.m., Friday, at a residence on Bloomingdale Road, Tonawanda Indian Reservation, when he was allegedly found in possession of heroin and a needle during an investigation into an overdose.

Austin M. Heineman, 17, of Marble Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, operating out of class and failure to keep right. Heineman was arrested following an investigation into an accident that was reported at 12:43 a.m., Saturday, on Sandhill Road, Alabama, by Deputy James Diehl. In the accident, Heineman was reportedly driving south on Sandhill Road when he lost control of the car and it overturned. His passenger, Timothy Ryan, 17, was transported to UMMC with non-life threatening injuries.

Mitchell Gregory Hoinski, 25, of Boll Street, Sloan, is charged with DWI and driving with a BAC of .08 or greater. Hoinski was reportedly involved in a motor-vehicle accident at 11:42 p.m., Friday, in the parking lot of Darien Lake Theme Park. Hoinski reportedly attended the Rascal Flatts concert earlier in the evening.