batavia

A 55-year-old Batavia man is in the hospital tonight after being struck by a hit-and-run driver on Center Street.

The unidentified victim was riding a three-wheel bicycle at about 5:52 p.m. on Center near School Street.

He was transported to the hospital via Mercy Flight and suffered internal injuries.

The vehicle that hit the cyclist was described as a dark colored, possibly black, older pickup truck. The driver fled the scene and may have turned south on Jackson Street from Ellicott Street.

Anybody with information about the accident are asked to call the Batavia Police at 345-6350.

Photo courtesy WBTA.

The turkey juices sizzle in the oven. The mashed potatoes are being stirred in the pot. Gooey, delicious sweet potato casseroles melt in the oven, while pumpkin pies baked and cooled, sit, tempting us toward an early desert.

Like any other holiday, Thanksgiving has a large store of such images attached to it. And, like other holidays, it is generally considered a time for us to reflect on the important things in life. As such, it is a time when families gather together in fellowship and in celebration of their blessings.

The social and emotional benefits of Thanksgiving -- or at least the possibility of these benefits -- are pretty clear. Its benefits to the palate (if not always the digestive system) are also well known. But what about spiritual benefits? What are the religious leaders in our area telling their congregations about the Thanksgiving holiday, and what it means to their lives? Moreover, how do they deliver a message that can be repeated each year and yet continue to be relevant?

The following comments come from four Batavia pastors, each reflecting on what they perceive to be the relevance of Thanksgiving to the Christian life:

Pastor Allen Werk, St. Paul Lutheran Church and School:

"Thanksgiving is far more than just a day for a family banquet. It is not about how much food we can prepare and eat.

"Thanksgiving is about expressing our gratitude to the source of all the things in life that we enjoy. It is a reminder to say thank you to the giver of all the wonderful gifts we so often take for granted.

"The Giver of all those good gifts in our lives, the Source of our blessings, is God our heavenly Father. Thanksgiving is a holiday that reminds us to thank our God for everything He does for us.

"'Every good and perfect gift is from above, coming down from the Father of the heavenly lights, who does not change like shifting shadows.'   James 1:17 (NIV)

"While it is good to take time to thank God for food and jobs and family and health, we also need to remember that God’s greatest gift was sending His Son Jesus to pay for our sins. Without Jesus’ death on the cross, we would be entirely cut off from this mighty and holy God. That salvation that Jesus has won for us is a gift that we would never be able to manufacture for ourselves. That is at the top of our list of blessings for which to say 'thank you' to God.

"God’s blessings to us span 365 days a year. We shouldn’t limit our thanks to one day a year. Remember to thank God often, daily, for all His love and blessings He abundantly pours into our lives."

Pastor Donald A. Shirk, Grace Baptist Church:

"What we as a congregation do at Thanksgiving is on the Tuesday evening (last night) before it, we have a special "Count Your Blessings" service. This evening is dedicated to folks sharing personal testimonies on how God has been good to them throughout the year.

"For the believer in Christ, Thanksgiving is not simply an annual event but a way of life. Paul put it this way in 1 Thessalonians 5:18, 'In everything give thanks; for this is the will of God in Christ Jesus.' To help prompt, I use a PowerPoint slide with ideas that might help our church members in their sharing. Last night was an exceptional service with our people sharing for over an hour on the goodness of God in their lives."

Pastor Roula Alkhouri, First Presbyterian Church:

"Thanksgiving is a great opportunity for us to take the time to remember the bounty of God's Earth. Often times, we take it for granted that our climate is going to be okay and that we will have good conditions to grow food. So, this time is a time of reconnecting with and paying attention to God's creation. We are often negligent of other creatures in the world. We tend to focus on our individual needs for consumption. Thanksgiving is a great time to be mindful of our responsibility to care for the Earth. The gift of life is so precious, yet it is often taken for granted."

Pastor John Hatch, United Pentecostal Church:

"Usually we focus on what we all are thankful for in a special Thanksgiving Eve service through volunteer testimonies (under 5 minutes) by anyone in the congregation who desires to share and give thanks to God for various personal things they feel the Lord has done for them. This year we will also be focusing on Thanksgiving by celebrating communion to thank Jesus for all He has done for us by the price He paid on the cross for our sins; healing by the stripes on His back and the wonderful way He has forgiven us, saved us and worked in our lives."

As we wind into the holiday season, Batavia Police are reminding businesses that sell alcohol that it's illegal to sell wine, beer and liquor to people under 21 years of age.

There will be compliance checks during the holiday season, the Batavia Police Department announced this morning.

"The Batavia Police are reminding all establishments where alcohol is served or sold to remember to be carefully checking for the proper ID of the customer or consumer who is purchasing the alcohol," reads the police statement "The police along with the community’s goal is to deter underage persons from purchasing alcohol without proper identification."

Employees are encouraged to carefully check IDs.

They should also be on the look out for customers of legal age buying booze for minors. A common practice to look for, according to police, is a customer who buys a large amount of alcohol with small bills and then delivers the packages to a waiting car. Employees who observe such activity are encouraged to contact police.

An Alexander woman reportedly heard Sheriff's Deputies were looking for her at a house on Griswold Road, so rather than return that residence Sunday evening, she parked her car on Attica Road and ran off into the woods.

After her car was spotted on Attica Road, Sheriff's deputies searched the wooded area, but that's not where they found Brittany L. Frey.

The 19-year-old woman was allegedly hiding in an apartment in Northside Meadows in Batavia.

Frey, whose residence is listed as 9568 Alexander Road, Alexander, was wanted on a bench warrant for an alleged violation of probation.

After learning that Frey was at Northside Meadows, deputies responded to that location and reportedly saw Frey inside the apartment, but Frey allegedly refused to come to the door. Eventually, she did come out and was arrested.

Frey was jailed Sunday night without bail.

Morima Custodo, 27, of 65 Mead St., Rochester, is charged with harassment. Custodo was arrested yesterday following an alleged fight between employees at Allen Canning in Bergen. She is accused of grabbing the other employee's hair and pushing her head to the ground.

Matthew Thomas Holmes, 30, 14 W. Main St., Batavia, was arrested on a bench warrant for allegedly failing to pay fines and restitution. Holmes was arrested following his release from Monroe County Jail.

Joseph Lee Shanley, 37, of 7199 Dublin Road, Bergen, is charged with harassment. Shanley is accused of threatening a person while using his mobile phone.

A 12-year-old boy from Bethany has been arrested by State Police and charged with sexual contact with an individual under 11 years old. No further details were released.

Councilman Sam Barone's effort to push for a new fee system for garbage collection is stalled.

WBTA reports that the proposal went nowhere at last night's City Council meeting, and the issue has been delayed until the new council is in place at the first of the year.

Councilman Frank Ferrando said there is no public demand for changing the current method for paying for garbage collection, which is part of the city property tax.

Barone argues that a fee-based system would be more equitable, since under the current system the city's non-profit agencies that own their own buildings and land don't pay property tax. Those agencies get free garbage collection.

Three men from Utica have been arrested and charged with burglary for allegedly breaking into apartments yesterday at 5219 Clinton St. Road, Batavia.

They reportedly broke into the apartments during the late morning hours and stole or damaged clothing and electronics.

Taken into custody were:

• Rastafari A. Brown, 20, of 124 James St., Utica
• Kayshawn Jones, 21, of 1556 Elm St., Utica
• Sirdell L. Ruffin, 21, of Faxton St., Utica.

Each of the three men were charged with four counts of burglary in the second degree and jailed on $25,000 bail.

The case was investigated by Deputy John Duyssen, Deputy Bradley Mazur, Sgt. Gregory Walker, Investigator William Ferrando and Investigator Kristopher Kautz with assistance from the Batavia Police Department, the New York State Police and the District Attorney's office.

A state audit of the Batavia City School District found that through apparent accounting errors, some employees have been overpaid and the district has tended to over estimate expenses and under estimate revenue, resulting in an operating surplus of $6 million.

"As a result, we identified $7.3 million which has been inappropriately placed in reserves but rather should be used to benefit taxpayers," the audit report states. "Had these practices not occurred, and had District officials complied with statutory limitations for retained fund balance, the excess could have been used for District operations, or to fund necessary reserves or to reduce the tax levy."

The district plans to take corrective action, according to both the report and a press release from the district.

Those were the only two nicks on the report, which district officials otherwise characterized as favorable audit.

"The audit report delivered to the Board of Education was very positive. No graft, corruption, or misappropriation of public funds was identified," district officials said in a press release.

Our audit compares very favorably to other school district audits across the state. Other districts have been cited for administrative actions without Board approval, weaknesses in internal controls and purchasing, District actions without voter approval.  We have not been cited for any of these issues.  This audit reflects the hard work that has been done in our District to ensure that the public can trust that the District officials and Board of Education take their fiduciary responsibility very seriously.

The payroll errors, as uncovered by The Division of Local Government and School Accountability of the Office of the State Comptroller of New York, amounted to $50,000 in "improper or unsupported payments." 

Auditors reviewed payroll records for 17 employees, and reported, "Ten employees, or 59 percent, were overpaid or received compensation which was not provided for in the applicable contracts or supported by sufficient documentation."

The district's press release:

The Comptroller’s report highlights several payroll findings, which appear to be overstated when the specific findings were investigated by District staff. The actual legitimate findings amount to less than one tenth of one percent of the total payroll processed over the two year period. There is always room for improvement and we are planning to take several steps to reduce any potential risk for error.

As for the surplus funds, the district says:

The essence of this comes down to the simple fact that the District budgets conservatively, never overestimating its potential revenues or underestimating its potential expenses. This practice allows for flexibility should an unforeseen financial hardship arise, but often results in legitimate surplus.  The District has used this surplus to maintain a stable tax levy and to fund authorized reserves.  Even though the Comptroller’s Report views this negatively, there appears to be an inherent contradiction since these accounts are promoted as providing many benefits to municipalities and their citizens (www.osc.state.ny.us/localgov/pubs/lgmg/reserves.pdf).  No doubt conservative budgeting practices have allowed us to position ourselves to maintain our educational program even in difficult financial times without turning to tax increases.

Download: Full Audit Report (PDF)

Wayne R. Freeman, 33, of 8545 East Ave., Gasport, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation in the first degree. Freeman was also reportedly cited for "multiple" equipment violations ("too many to list," states the Sheriff's Office report). Freeman was reportedly driving on Route 77 in Pembroke when Deputy Kevin McCarthy spotted his vehicle with an alleged broken tail light. Upon stopping Freeman, McCarthy discovered that Freeman's license was previously revoked for a prior DWI conviction and that Freeman was allegedly violating the terms of his conditional release. McCarthy then determined that Freeman was allegedly driving drunk. Freeman was jailed on $2,500 bail.

Peter B. Burton, 51, 360 Seward St., Rochester, was arrested and charged on a warrant for aggravated unlicensed operation of a motor vehicle in connection with an incident on May 22. In its press release, Batavia Police did not specify the nature of the alleged incident. Burton was jailed on $1,500 bail.

Nicole M. DellaPenna, 23, of 3842 Rose Road, Batavia, is charged with unlawful possession of marijuana and criminal possession of a controlled substance. DellaPenna was allegedly found in possession of marijuana and cocaine during an investigation of a suspicious vehicle parked on Farwell Drive.

William J. Cassidy, 28, of 107 State St., upper, Batavia, is charged with loitering. Cassidy allegedly refused to leave the area of 20 Center St. after being asked to do so by police.

James Joseph Laudico, 19, of 1055 Sliker Road, Pembroke, is charged with unlawful possession of marijuana. Laudico was reportedly a passenger in a vehicle stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana in Laudico's left front pants pocket.

Kaitlyn Ann Kelly, 22, of 4079 Connecticut Ave., Island Park, is charged with petit larceny. Kelly allegedly stole $53.49 in merchandise from Target.

Allison Irene Thomas, 19, of 15 Robert Quigley Road, Scottsville, is charged wih petit larceny. Thomas allegedly stole $78.47 in merchandise from Target.

Ramon Cortes-Vasquez, 60, of Elba, was arrested by State Police in Elba on Friday at 2:42 p.m. on an unspecified arrest warrant. The State Police blotter item classifies the case as "immigration." It also says it is not a criminal investigation. The arrest took place at State Route 98 and Mechanic Street. Cortes-Vasquez was held without bail.

The cast of "The Mysterious Case of the Missing Ring" (photo by Daniel Crofts)

“Terror!”

“Intrigue!”

“Romance, blooming like a lotus in the springtime…”

Entire cast in unison: “What?!?”

“Just kidding.”

There you have it — the opening lines of “The Mysterious Case of the Missing Ring," the latest play put on by the Drama Club at Batavia Middle School. The first performance took place last night.

The show was directed by Matthew Mayne, English/Drama teacher at Batavia High School, and starred 22 BMS students (grades 6-8) in a variety of comedic roles.

From a stage play written by Janie Downey Maxwell, “Missing Ring” centers around a Queen — played by 7^th grader Mica Pitcher — who has lost her royal ring and hires several competing teams of detectives to find it. All of the detectives — from the pratfall-prone, tap-dancing Oliver (Blake Carter) to the nervous, germaphobic Kat (Spencer Hubbard) — prove to be hysterically incompetent.

Mayne, who is certainly no stranger to local theater (see article about his recent Thornton Wilder production at http://tinyurl.com/yknj4bu), began work on the production of "Missing Ring" in late September. He took Maxwell’s play and made of it an opportunity for everyone involved to bring his/her own ideas to the performance.

"We added a lot to this,” Mayne said. “I added some characters that weren’t in the original script. That’s good for me as a director, because then the story has more characters to work with. And it’s good for the kids, because there are more roles available and they can add their own personal touches to the overall performance.”

Additionally, there were numerous jokes and humorous bits that were not in the script.  Mayne said the students “came up with a lot of ideas and put so much of their own unique humor into it.”

In so doing, they drew plentiful laughter from the audience.

Thursday night’s performance was well performed and well received, but the production was far from easy. Because of his extracurricular duties at BHS, Mayne could only devote three days a week to rehearsals. So with a total of only 20 rehearsals, the cast had to exercise a great deal of dedication in order to make the play work.

If this weren’t enough, a number of students became ill during the course of production and had to quit the play. There was even a last-minute cancellation the night before the performance, forcing one of the cast members to learn new lines overnight.

“I’m amazed at how much the kids care about the show,” Mayne said. “They really pulled themselves together.”

The play also featured set designs made by BMS teacher Lucille DiSanto and BMS students Riley Cole, Megan Draper and Kayla Gannon.

“Missing Ring” will have one more performance, this time intended exclusively for BMS students, faculty and staff; this will take place during the school day Monday.

The Christian Students United Group of GCC came out tonight with Care-A-Van Ministries for our monthly visit to the college dorms. Pictured above is Jason and Charles f rom the CSU group with Sonara, who is a member of the GCC Cougars Women Basketball team.

We knocked on all 95 dorm rooms and offered cookies and prayer. Sonara's prayer request was that the team do well on their upcoming game this Saturday.

All students in the rooms were also given a personal invitation to attend the weekly meetings that the Christian Students United group has every Tuesday at 12:30 in room T122. This is a great time to share pizza and fellowship together.

There were many prayer requests this evening. The students are very thankful for the monthly visits , prayers and treats.

A special thanks to Jason, Alan and Charles from CSU for coming out with us tonight.

Go lady Cougars! Good luck Saturday!

Paul Ryan Tenney, who admitted back in September that he stole more than $106,000 from his employer, Elcon, Inc., has still not been sentenced for his crime.

He remains in jail without bail. This afternoon, Judge Robert Noonan gave the 39-year-old Tenney until Dec. 8 to find and secure financing for an in-patient drug-addiction treatment program. If he fails, the judge said he may be forced to "warehouse" Tenney in prison.

The one-time high school athletic star claims he's already completed an in-patient program as required. Trouble is, no one can find any proof of it. His attorney, Gary Horton, said he has no documentation, other than the statements of Tenney's friends and relatives.

Noonan said Tenney was stonewalling, and expressed a great deal of frustration with this case.

"I've tried to figure out how to wake you up to take charge of your life," Noonan said. "You've shown no backbone."

He said Tenney needs to stop making excuses and relying on his relatives for help.

"I could sentence you to five years in prison, but you'd just be five years older," Noonan said.

Tenney's criminal record certainly justifies doing that, the judge said, but numerous people in the community have vouched for Tenney and say he can be redeemed. He just needs to show the judge he is willing make the effort.

I happened to stop by the Holland Land Office Museum today and found a number of trees already ready for Saturday's opening of the Wonderland of Trees. Several local organizations and businesses already have their trees in place and decorated.

These young volunteers were kept busy sorting the jeans

 Recently, the Elba School students helped clothe others with their jeans.

Christine Bucceri and students of the Elba school got together to help and bless others. At a recent school dance instead of the normal admission fee to get in,the students were asked to bring a pair of jeans for admission.

They then delivered the jeans to Care-A-Van Ministsries to bless others that may be in need. I will say it was a huge pile! There had to be over 100 pair of jeans if not more.

A special thanks to Christine and the students at the school for this wonderful donation to the ministry. Those that received the jeans were very appreciative.

What a wonderful creative way to help others!

BATAVIA, NY -- Patricia Hawley, who has a long history of working with the arts community in Genesee County, has been hired by the Mancuso Business Development Group, to create an artisan center at the Harvester Center on Harvester Avenue.

Harvester, formerly known as the Batavia Industrial Center, is the world's first business incubator and helped launch a number of successful businesses since its inception 50 years ago.

“Creating this center is a huge step forward for a community that is so richly steeped in a tradition of fine artists," Hawley said in a statement released by the Mancuso Group. "I’m thrilled to join such a great team of innovative thinkers where, together, we can make art happen.”

Hawley, who submits occasional pieces to The Batavian on issues related to localism and the locavore movement, has extensive experience in arts management, having worked at Genesee-Orleans Regional Arts Council & Genesee Center for the Arts in Batavia and Genesee Country Village & Museum in Mumford, Mass. Hawley studied communications at SUNY Brockport and volunteers for various organizations including Orleans County Adult Learning Services, Genesee Symphony Orchestra and the Genesee Country Farmer’s Market Association. She is also the owner of Fountain of Youth Organics in Brockport.

From the Mancuso press release:

It is expected that the participants in the new artisan center will be able to take advantage of the programs, rental space, shared equipment, support services and management guidance that contributes to the success of the other entrepreneurial businesses at the BIC.

Patricia Hawley is married to Ted Hawley, current president of the Batavia Rotary Club and a member of the Genesee County Planning Board. Ted is brother of Steve Hawley, our current Assembly representative.

Santa is coming to Oliver's Candies at 211 West Main Street Batavia on November 21st. (this Saturday) from 10am till 2pm.   There will be a petting zoo, Santa (every kid gets an Oliver's Candy Cane) and the Jaycees selling hot dogs, popcorn and hot cocoa.

Bring your kids and camera's!

Ribbon Candy is ready!  Hand made candy canes, Christmas gifts and so much more . . .!

(photo's from 2008)

The retired ambulances of the discontinued service of the Batavia Fire Department are up for auction today.

The ambulances and related items are being sold through the Teitsworth auction site.

A 2008 Ford F350 XLT w/McCoy Miller body and a 6.4-liter diesel engine is bringing in the highest bid so far -- $10,000. The next highest bid is $3,500 for a 2005 Ford F350. The auction closes in a little more than 5 hours.

Bianca Hervey, a 20-year-old student at GCC and former Batavia resident, was put in an awkward, and potentially dangerous, situation by the Attica Police Department recently, according to the Buffalo News.

Hervey, who's only apparent criminal record is a traffic ticket or two, and who was not known to police as a drug user, was apparently coerced into becoming a snitch -- going undercover to help catch drug dealers.

Now, there is little disagreement that illegal drug dealing is a bad thing, but the News rightly editorializes against the Village of Attica Police Department for employing tactics that sound much like those used by the Stasi, the East German Secret Police.

... the apparent drafting of a neophyte drug informant is not only cruel behavior, it is astoundingly bad police work. If the relevant officials are unwilling to strongly renounce what could have been an anomalous misstep in an otherwise professionally run operation, then their own professional judgment must be called into serious question.

The idea that law enforcement officers chasing drug dealers can do absolutely anything they want is itself a kind of drug, one that is as addictive and as destructive of society as any amount of heroin or cocaine.

Hervey was saved the fate of entering an underground world she knows nothing about because her attorney father was able to intervene, but the News reports an unnamed young man was not so fortunate, and now he fears for his safety.

Officer Christopher Graham, who is also the officer accused of trying to recruit Hervey into undercover work, reportedly told the young man that the minor charges against him could keep him out of the military. He offered the youth a way out -- help catch a drug dealer. The young man followed through, according to the News, but when the police asked him to get involved in a second drug deal, the informant refused to cooperate. A short time later, he was arrested for failure to appear on the original charges.

Informants are used by law enforcement all the time. It was an informant that helped local law enforcement break up an apparent meth ring here in Genesee County last week. But reliable informants are usually people who step forward on their own because they know something, or are people recruited from the drug world they already know. 

It seems to smack of incredibly poor judgment and an abuse of power to try and recruit informants from among young people who have little experience either in the drug world or in dealing with the criminal justice system. We trust our local law enforcement officers use better judgment.

Thomas M. Lashure, 42, of 218 North St., Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to submit to breath test, failure to keep right and failure to use a turn signal. Lashure was stopped at 12:54 a.m. by officer Dan Coffey for alleged traffic violations.  Coffey arrested Lashure on the DWI charges following the traffic stop.

Michelle Lynn Sanders Evans, 28, of 115 S. Main St., lower, Batavia, is charged with petit larceny. Evans is accused of shoplifting from Wal-Mart.

Kelly Anne Morrison, 36, of 115 S. Main St., upper, is charged with petit larceny. Morrison is accused of shoplifting from Wal-Mart.