Margaret Brisbane told Trumbull Cary some time prior to 1817, if you're going to marry me, you're going to build me a mansion.

So the man who founded the Bank of Genesee and served as a NYS Senator and Batavia's first treasurer, built a mansion.

And it stood for nearly 150 years as one of Batavia's grandest structures, until the board of St. Jerome's on only about 30-days notice in 1964 tore the building down, stealing from Batavia another piece of its heritage.

Today, the once-handsome mansion and the man who built it were commemorated with a plaque on the former mansion site. The marker was paid for by the William C. Pomeroy Foundation.

Sallie Fogarty, the great-great-great-granddaughter of Trumbull and Margaret Cary was in Batavia for the dedication of the market (pictured above with City Historian Larry Barnes).

Prior to the dedication, Barnes told the assembled audience in the Go Art! building (the former Batavia Club and first permanent home of the Bank of Genesee) about Cary and his mansion.

Cary, born in 1787 in Mansfield, Conn., moved to Batavia in 1805 at age 18 to seek his fortune. He went to work for the post office, served as clerk for James Brisbane, and eventually became Batavia's postmaster.

Later, he became a local merchant and began to build his fortune.

He helped found St. James Episcopal Church.

In 1833, he helped finance the Tonawanda Railroad, the first rail line to serve Batavia.

The Carys -- Trumbull died in 1869 and Margaret in 1863 and both are buried in Batavia Cemetery --  had one child who survived into adulthood. His grandson was the last Cary to live in the mansion.

Fogarty traces her family tree back to this second Trumbull Cary, who died in 1913, and his first wife, Grace Truscott, who died in 1882.

Harry E. Turner (H.E. Turner Funeral Home) purchased the mansion in 1922.

On the demands of George Cary, brother of the second Trumbull Cary and a prominent architect in Buffalo, Turner sold it back to the Cary family. 

George Cary was determined to turn the mansion into a tourist destination owned by the city. He paid for restoration and set up a board to oversee its operation and then deeded the property to the city. After the operations ran into some financial trouble two years later, the city established a commission to determine what should be done with the mansion. The commission determined it could be run profitably, but the city council voted to give the property back to George Cary in 1936.

The property was rented by various businesses over the years and ownership passed from George Cary to his daughter Allithea Lango, Boston, Erie County.  Local businesses that had space in the mansion included Pontillo's and Valle Jewelers.

Lango sold the mansion to St. Jerome's in 1959. The hospital began building a nursing school on the back of the property and then with very little notice decided to tear down the mansion to expand the nursing school.

The board said the building was in a "dangerous" condition and had be demolished immediately. Batavia residents were given no time to weigh in on the demolition.

The nursing school closed in 1982. The building is now called Cary Hall and is owned by UMMC.

Last year, UMMC acquired the neighboring property, the former location and of the Elks Lodge building, and with little notice to the community, tore that building down.

Salon VIP now announces the addition of the VIP Boutique! The boutique is carrying clothing from New York and Los Angeles from several different labels. Now stocking winter coats, sweaters, dresses, trendy tops, scarves and artistic costume jewelry. Batavia's newest and only women's clothing boutique. Great for gifts. Gift certificates are available.

Specials will be announced through our Facebook page at Salon VIP "la dolce vita".

For more information call 585-219-4917

Boutique Hours: Open 10-7 Tuesday - Friday, and 10-2 Saturday (or stop later when the open sign is on and the salon is running)

Salon hours by appt. and available online through our Facebook page or www.vagaro.com

Salon VIP - 108 W. Main St., Batavia

Town of Batavia crews are still working to repair a water main break on Ellicott Street Road at Shepard Road.

The break was discovered around 5:30 a.m. when a worker noticed gauges at the water plant were giving unsatisfactory readings. He went for a drive and found a bulge in the ground at the location of the leak.

There is no ETA for the repair to be completed.

Some residents in the area are without water and others have low water pressure.UP

UPDATE: Water service is restored.

Tovia Poles, 24, of 77 W. Main St., Le Roy, is charged with grand larceny, 4th. Poles is accused of finding a wallet and rather than turn it into police, kept the wallet, destroyed the contents and then used the wallet herself. The person who lost the wallet reportedly left it on top of her car and then drove off from a parking spot on West Main Street, in the Village of Le Roy. The wallet fell to the ground at that location. The wallet contained personal identification, a credit car, a driver's license and a checkbook.

Chad Edward Merle, 31, of Broadway Road, Alexander, is charged with violation of a Family Court act. Merle was picked up on a Family Court warrant.

GCEDC released this notice today:

For several months it has been widely reported that a mushroom growing farm, involving a $20 million investment and up 100 new jobs to the region, is being planned in the Batavia Agri-Business Park. As this initial first phase of this project continues to move forward, we are now actively pursuing Phase 2, which seeks to purchase a minimum of 5 acres to 10 acres of vacant land for the development of a composting facility.

Besides the 5-10 acre size, other features that we are seeking are as follows:

• Zoned for Agriculture -- it may be possible that commercial or industrial zoned land can work as well;
• Water and electric service to the site;
• Topography: flat and cleared is ideal but anything reasonably close will be considered;
• Topsoil -- active farm land with topsoil is "not" required, therefore, if you can use or derive additional value by using/selling this topsoil then please do;
• Preferred location is on the west side of Batavia in zip codes 14020 / 14036 /14013 / 14005 but areas anywhere within a 5-mile radius around the Agri-Business Park will be considered;
• Landowners be assured that the buyer is a well-qualified cash purchaser.

Should this opportunity be of interest to you please contact Steve Blake at (716) 362-8707 or e-mail at : steve.blake@cbre.com

There is a report of smoke in the residence at 7617 Mechanic St., South Byron.

A chief on scene reports smelling smoke and seeing faint smoke, but can't locate the source yet.

Byron and South Byron originally dispatched, but the South Byron engine has been told to respond non-emergency and Byron can stand down.

UPDATE 9:14 a.m.: Faulty hot water heater. All units back in service.

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New version of what was originally posted at 9:45 p.m., Wednesday, to include more information.

On a 6-3 vote Wednesday, the Genesee County Legislature passed a 2013 budget that holds the line on property taxes, raises the pay for management and includes a $213,000 subsidy for GC Economic Development Center.

The three no votes came from legislators Ray Cianfrini, Frank Ferrando and Marianne Clattenburg, who all objected to the subsidy.

It's rare for members of the public to speak at regular meetings of the Genesee County Legislature. In fact, there is never a regular agenda slot for public comment, but last night one resident did show up and was permitted to speak.

Kyle Couchman (photo at right) was at the meeting to suggest the majority of the legislature is out of touch with the wishes of their constituents.

He pointed to a poll that ran on The Batavian that he said indicated 70 percent of county residents oppose continued funding for GCEDC.

"I find it a bit ridiculous that people would glaze it over," Couchman said.

Cianfrini (top photo) said he agreed with Couchman's assessment of voters' wishes.

"The public is overwhelmingly opposed to we as a legislature funding GCEDC while they continue to insist upon paying bonuses to their employees," Cianfrini said. "As a result of last week’s vote, it appears a majority of our legislators are not sensitive to the public’s mood on this matter."

Over the past few years, Cianfrini said, the legislature has made budget cuts that have cost county employees their jobs. Those job losses have meant hardships for individuals and families as former employees struggled to make ends meet, he said.

"Yet we continue to fund the Genesee County Economic Development agency with taxpayer dollars so that a few privileged employees can share in the astronomical bonuses the board of GCEDC continues to award," Cianfrini said.

Incoming GCEDC Board Chairman Charlie Cook has said previously that while employees will be paid bonuses based on 2012 performance measurements, as the board is contractually obligated to do, there will be no performance bonuses for 2013.

Ferrando (bottom inset photo) said the legislature should not give GCEDC a blank check. There should be some method for ensuring the funds from the county are being used appropriately.

"I do my best to listen to the constituents who put me here," Ferrando said. "Everything I hear, they object to funding GCEDC, at least without some strings attached."

For Clattenburg, who also opposes taxpayer money going to bonuses, the big issue is that while GCEDC has done a great job of driving business development in the county, none of GCEDC's efforts seems to be focused on the City of Batavia, which Clattenburg represents (along with Ferrando and Ed DeJaneiro).

"I don't think the focus on the city hasn't gone where it needs to go and that's where my constituents are," Clattenburg said. "I would hope that next year when this comes around I'll be able to support the GCEDC, but I can't do it this year."

None of the other legislators spoke up to defend their votes on the budget, though Esther Leadley did say, for the benefit of the first-year legislators, that if the budget didn't pass, the responsibility would fall to the county's budget officer (County Manager Jay Gsell).

"That means considerably more in terms of tax levy," Leadley said.

For 2013, the county's property tax rate will remain the same at $9.89 per thousand of assessed value.

The $144,980,450 spending plan represents a 2.2-percent increase over 2012, with much of the increase in spending driven by state mandates, especially in pensions and Medicaid.

The tax levy for 2013 will be $26,303,725, an increase of about 2 percent over 2012.

Pay raises for management were approved unanimously in a separate resolution vote.

The following positions will receive a 1.5 percent pay increase:

The following are elected officials and department heads in line for a salary increase of 1.5 percent next year:

• County Manager Jay Gsell -- $1,551 raise for 2013 salary of $104,935;
• Sheriff Gary Maha -- $1,374 raise for a salary of $94,957;
• County Treasurer Scott German -- $1,282 raise for a salary of $87,377;
• County Clerk Don Read -- $1,207 raise for a salary of $82,702;
• County Attorney Charles Zambito -- $1,338 for a salary of $91,338.

Listen:

• Cianfrini (mp3)
• Clattenburg (mp3)
• The Vote (mp3)

A microwave at the Subway shop at 8483 Alleghany Road, Pembroke, caught fire this morning.

It has been unplugged, but there is smoke in the building.

Pembroke and Indian Falls fire companies dispatched. One engine from Akron responding mutual aid.

UPDATE 7:12 p.m.: Light smoke in the building. It will be cleared. Akron canceled.

UPDATE 7:24 p.m.: Pembroke, Indian Falls back in service.

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County Legislature Chairwoman Mary Pat Hancock was honored Wednesday night by Sen. Michael Ranzenhofer, through his aide Jay Grasso, for her service to local government during her term as president of the New York State Association of Counties. Grasso read a resolution from Ranzenhofer.

We're now in the final 24 hours to join The Batavian Club and be eligible to receive a two-for-one dinner coupon from Settler's. To get your coupon, join by Thursday night.

Thank you to all who have expressed their support of The Batavian by joining our new club. Your support is critical to our future growth.

Special Offer: Join with an annual membership before Dec. 15 and receive at no additional cost a 2013 calendar of Genesee County Photos by Howard Owens.

Join via PayPal by clicking on a button below, or for annual and one-time memberships paid by check, click here to download this form (monthly, recurring payment memberships must be via PayPal).

If you'd like to pay by credit card, you have two options:

• Download this form and mail it to The Batavian with your credit card information (use the same form if you prefer to pay by check).
• Call our office at (585) 250-4118. Please be prepared to provide all the information as requested on the form above.

Monthly Single Membership - $5 per month
Includes membership card and bumper sticker and entry into iPod Nano drawing.

Monthly Household Membership - $10 per month
Includes two membership cards and two bumper stickers and entry into iPod Nano drawing.

Annual Single Membership - $50 per year
Includes membership card, bumper sticker and entry into iPod Nano drawing.
Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

Annual Household Membership - $100 per year
Includes two membership cards and two bumper stickers and entry into iPod Nano drawing.
Special Offer: Join by Dec. 15 and receive a calendar of Genesee County photos by Howard Owens

Press release:

The first public open house to introduce the Batavia Opportunity Areas (BOA) will be held at the city’s Council Board Room at City Hall, One Batavia City Centre, at 7 p.m. on Wednesday, Dec. 5. An interactive forum will be facilitated by ELAN, an award-winning firm specializing in community revitalization. 

Those in attendance will be provided with information on the program, given an opportunity to meet the project team, and review information about the program. Members of the community will also have an opportunity to ask questions and provide input.

The meeting will be conducted in conjunction with the City of Batavia Opportunity Area Steering Committee, which includes members from the City of Batavia, Batavia Development Corporation, Batavia Business Improvement District, Chamber of Commerce and Genesee County Planning Department.

The purpose of the Batavia Opportunity Area program is to advance the redevelopment of under-utilized, vacant, abandoned, or contaminated commercial and industrial sites within the city. The focus areas include Downtown Batavia, the industrial corridor between Harvester Avenue and Liberty Street, and the Evans Street corridor.

This effort builds upon existing plans, including the city’s recently completed Community Improvement Plan, to advance redevelopment of strategic sites and areas within the city. The outcome of the BOA program will help the city as well as businesses and property owners in the area with obtaining grants and financial incentives for redevelopment.

For more information on the Batavia Opportunity Area program, visit the city’s Web site at www.batavianewyork.com.

Drivers on Perry Road in Pavilion should use extra caution as there is a car / deer accident at 10163 Perry Road and the vehicle is now without lights and blocking the roadway. Law enforcement is responding.

UPDATE 7:12 p.m.: An officer on scene says the location is south of Route 20.

Here's your challenge for your next holiday shopping excursion: Stop into at least three locally owned businesses and see what they have to offer.

Local business owners are your family members, friends, neighbors and biggest boosters of our community. When you support them, you're really supporting yourself.

You can also find great gifts, affordable prices and get great service to boot.

Above, Sherry Valvo of Floral Fantasies. Below, Greg Gluck of Alberty's and Kurt Fisher of Fisher Sports.

BTW: I had an interesting conversation with Fisher last night. He pretty much exploded the myth that chains are less expensive than locally owned stores. He said his prices are consistently lower than chain sporting goods stores in the area, especially for coaches looking to outfit teams, but even on licensed products such as Bills and Sabres jerseys.

Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.

The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.

Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.

"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."

While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.

He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.

Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.

After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.

At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.

Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.

"You will have that chance to start somewhat fresh when you are released," Noonan said.

A two-car accident with air-bag deployment is reported in front of the Red Osier restaurant in Stafford. A female is complaining of wrist and facial pain. Stafford Fire Department and Mercy EMS are responding. The restaurant is located at 6492 E. Main St. Road.

A Batavia man accused in September of causing a brain injury to a baby entered a guilty plea today to a single count of reckless assault of a child.

Twenty-four-year-old Randy Johnson faces up to seven years in prison on the conviction. The Class D felony carries no mandatory prison sentence, however, so the full range of sentencing options will be available to Judge Robert C. Noonan on Jan. 25, when Johnson is back in court.

Johnson entered his plea under what known as an Alford basis. The written charge contained a factual allegation that Johnson hit the baby's head on a hard surface. Johnson did not want to admit to that allegation as a fact.

The Alford plea allows Johnson to plead guilty on the assumption he would be convicted by a jury, but without admitting to any specific facts related to the charged crime.

In a written statement, and a spoken one he made today after his guilty plea, Johnson admitted to actions that led to the baby's injuries.

"I should have watched my actions," Johnson added after he said he was guilty on the charge.

In a written statement obtained by police Sept. 20, Johnson said that four weeks prior the baby he injured was crying and woke him up early in the morning. He said he was irritated and snatched the baby from its crib.

"When I snatched him, his head snapped back real fast, like a whiplash, then it went forward," he wrote.

On other occasions, Johnson wrote, he would play with the baby by throwing it in the air. At first, this made the baby laugh, but later it made the baby cry, and in the statement he admits that throwing the baby in the air and causing him to turn in the air, could have caused the baby's injuries.

According to Noonan, the baby's injuries consisted of subdermal and retinal hemorrhaging.

Johnson was arrested Sept. 25 and charged with three counts of reckless assault of a child. The plea satisfies all three counts.

On Aug. 24, Johnson took the stand in the Jacquetta Simmons case as a defense witness. District Attorney Lawrence Friedman attacked Johnson's credibility relentlessly while he was on the stand, indicating that Johnson had changed his story from his earlier interviews and what he testified to in court.

Johnson, as Friedman claim in court, has reportedly had numerous prior contacts with law enforcement. In 2009, he was charged with criminal mischief and unauthorized use of a motor vehicle. He was arrested in December 2010 on a harassment charge. In March 2012, he was charged with reckless endangerment of property.

The Genesee County Legislature meets at 7 tonight and will vote on whether to approve the 2013 budget, which includes funding for GCEDC. Local businessman Vito Gautieri submitted this opinion piece on the matter:

I have seen a lot of comments on the $213,000 given to the GCEDC; some for, some against. The legislators voted, so I guess we have to take that as the pulse of the county? Then why did the 78.55% of taxpayers say no to funding and only 21.45% say yes (Batavian poll of November 21, 2012)?

I will not get into my accusation of the CEO of the GCEDC/GCLDC for his delay in awarding the contract on the Med-Tech project across from the GCC campus. My belief is that at least $50,000 to possibly $500,000 of taxpayers’ money was misspent. I am working on getting the state Attorney General or Comptroller office to look into my allegations. I welcome anyone who will help.

Two of our largest county not-for-profits, Genesee Community College and United Memorial Medical Center, are paying $15 a square foot for space at the Med-Tech Center, and the offices of the GCEDC/GCLDC are only paying about 1/3 of that ($5 +/-) for their space. The agency will not give me a pro-forma on the Med-Tech Center.  They say that is private information and FOIL tells me they should release the info. You know I do not mind paying $0.25 a page as required by FOIL law, but deep down I wish the agency would be more transparent to taxpayers. We can do a lot to make this agency more transparent.

Anyone interested in helping, please e-mail me at vjgautieri@gautieri.com. We will meet to discuss all this further.

Thank you,
Vito J. Gautieri
Taxpayer

Police are looking for a white male wearing a Pittsburgh Steelers jacket and riding a bicycle in the area of the Dollar General store on East Main Street in Batavia. He reportedly "threw product" at a female customer inside the store after "becoming irate" following some sort of exchange. He was last seen leaving on the bike behind the store, which is located at 412 E. Main St., #3. Batavia PD is on scene.

In recognition of Power Ball reaching a $500 million prize pool, the New York State Lottery has provided Southside Deli with two tickets to this Sunday's Buffalo Bill's game at Ralph Wilson Stadium as a prize for a raffle drawing.

To enter the raffle, you most drop off a losing scratcher at the deli. Write your name and phone number on the back of the ticket. The winner will be selected Friday night in a drawing from all of those losing tickets. (If you don't have a losing ticket, go to Southside, buy some scratchers and leave a loser behind with your name and number on it for the drawing.)

Southside Deli is located at the corner of Ellicott and Liberty streets, Batavia.

The winner of the drawing gets both tickets. There is only one prize.