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Photo: BHS receives breathalyzers to use at school social events

By Howard B. Owens

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Today Batavia PD, the Sheriff's Office, and the STOP presented Batavia High School with two breathalyzers that school officials can use at school dances and similiar social functions to see if any students had a drink prior to arriving at the event.

Pictured are Matt Landers, STOP-DWI, Anita Strollo, a counselor career center coordinator at the school, Interim Principal Dennis Kenney, Chief Shawn Heubusch, and Sheriff William Sheron.

Kenney said the devices will be used to test every student entering such events, no exceptions, so everybody is treated equally. 

A Christmas song from the Del Plato family

By Howard B. Owens

Carmen Del Plato has shared with us another Christmas song written by his mother Mary Del Plato. It was performed and recorded by Anthony Del Plato.

Seniors say first year of painted student parking spaces has worked out very well

By Howard B. Owens

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The first year that seniors at Batavia High School could paint personalized parking spaces was a big success, representatives of the Class of 2018 told school board members at Tuesday's meeting.

They recommended the board approve the same project for the class of 2019.

Not only were there no problems, the project raised $795 for the senior class.

“That’s probably one of the easiest fundraisers ever,” said Senior Mikey Lullo.

There were 35 spaces painted and 19 spots reserved by students.

Several faculty members wanted to get in on the act, offering as much as $200 to have their parking spaces painted by a student, but since that wasn't part of the agreement the senior class had with the board, the class declined to sell those services.

Mikey said that was one of several recommendations this year's class had for the Board of Education.

First, the biggest recommendation was that the Class of 2019 be allowed to move forward with the same program.

The students also recommended that seniors be given a whole week to get their spots painted. Two days isn't enough time when students have sports activities starting up that time of year, family vacations wrapping up, and jobs. Some students found it hard to fit in painting on just a Thursday and Friday. That meant some of them painted over the weekend, which technically was against the rules, but Lullo said the board should consider that there were no problems as a result and all of the students (many accompanied by parents) were respectful.

The few problems encountered by the students were minor, the students said. Lauren Leone said one time some garbage got left behind but other students took care of it right away. There was also an incident after the first snowfall where one student parked in another student's spot, but that was quickly resolved. Nobody purposefully caused a problem with another student over parking.

The project was also successful, Mickey said, because it helped raise senior class spirit.

"It was so great," she said. "Even though I didn’t paint a parking spot, I was just there helping other people, and it was so relaxing, just getting to paint and be with each other before senior year started."

Photo: Amand Patel, Lauren Leone, Mikey Lullo, and Kiara Cherry.

Labyrinth Walk for Peace and Compassion Meditation to be held at First Presbyterian Church

By Billie Owens

There will be a free, public Open Labyrinth Walk for Peace from 4 to 8 p.m. at the First Presbyterian Church in Batavia on Friday, Dec. 29.

A Community Group Compassion Meditation will take place at 7 p.m. at the church, located at 300 E. Main St.

(Inclement weather date for both events is 4 to 8 p.m. on Saturday, Dec. 30.)

Blue Pearl Yoga is sponsoring the walk and the meditation -- "mind-body practices."

Regarding the self-directed Labyrinth Walk, Blue Pearl says "moving meditations are a beautiful way to experience stillness while still in motion."

Donations welcome, which support the Labyrinth Project.

bp-yoga.com

bpyoga@gmail.com

813-8623

City School trustees updated on construction plans for 2018-2019 capital improvement projects

By Howard B. Owens

After more than a year of design and planning, construction on several capital improvement projects in the Batavia City School District is set to begin in less than a year.

Voters approved the $26.7 million improvements, which will be accomplished without a tax increase, last March.

Marco Marascio, a project manager with Campus Construction Management in Pittsford, and Tracy Conshiser-Uy, an architect with Wendel, in Buffalo, updated district trustees Tuesday night on the construction plans.

The biggest of the projects is the demolition and reconstruction of Van Detta Stadium.

Demolition will begin, Marascio said, in the fall of 2018. The area will be fenced off and also include storage of construction equipment. The new stadium will consist of pre-built grandstands and a press box and these will be wheeled in and assembled on site.

Construction will be completed by September 2019, Marascio said.

At the high school, restroom and auditorium renovations start in April 2019 during the spring break and work should be completed by August of that year. Roof work begins in June and will be finished by November.

At the middle school, auditorium renovations begin in October 2018 and will be finished by December. The fitness room is scheduled for February 2019 through April 2019. The music room in April 2019; the attendance office in June 2019; interior renovations from December 2018 through August 2019; exterior improvements begin in June 2019; asphalt shingle roof in May 2019; and HVAC modifications in May 2019, completed by August.

At Jackson School, flooring replacement, window replacement, boiler room work, and toilet room renovations in April 2019 and all completed by September 2019.

At John Kennedy School, classroom addition and toilet room renovations are from October 2018 through April 2019. Gymnasium improvements also begin in October 2018 but will take until November to complete. The auditorium demolition is in December 2018. Window replacements begin April 2019.

The work at Richmond Memorial Library includes restroom renovations, painting, floor replacement, reading room lighting, upgrade to the fire alarm system, and landscaping. All of that work is scheduled for December 2018 through May 2019.

Marascio said that where work is performed on campus during the school year, construction workers will either have a separate ingress and egress from the student entrance to the construction zone or they will be instructed to remain in the construction zone during any time students are out of classrooms.

Photos: Care-A-Van celebrates Christmas with residents of Washington Towers

By Howard B. Owens

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This Christmas season, as in previous years, Paul and Bridget Ohlson and the rest of the folks with Care-A-Van ministeries are serving the elderly community in Batavia to help ensure they do not feel forgotten.

The ministries have prepared more than 400 gift bags and last night 74 of them were delivered to residents at Washington Towers, along with cookies and coffee and a short concert of Christmas carols. Care-A-Van will also visit 400 Towers and several local residents at their homes.

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Photos: City Schools recognizes outstanding efforts by staff and teachers

By Howard B. Owens

The Batavia City School District Board of Trustees handed out its monthly awards at the start of its meeting Tuesday night. 

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Sarah Gahagan and Lindsey Leone – Outstanding Staff Award

I just wanted to pass along praise for Sarah Gahagan and Lindsey Leone for their hard work and dedication to making the B-Squad program a success. My son participated in the program and he learned so much from it. Sarah and Lindsey perfectly balanced physical fitness, community involvement, career development, and social responsibility with this program.

They kept the participants motivated and taught life lessons that would be hard to duplicate in a classroom setting. I imagine they spent a significant amount of their personal time on this program and wanted to recognize their efforts with the administration. Please know that they are assets to BCSD and the City of Batavia who have made a difference in the lives of these young men. -- Nominated by Jill Halpin, Parent

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Shirley Boyd – Outstanding Staff Award

Shirley always goes above and beyond for all students; not just the ones she works directly with in the inclusive classroom. She is patient and very receptive to the students’ needs. She takes on additional responsibilities that are not required of her throughout the entire school. She is more than willing to assist the teachers she works with directly and those that she does not. Shirley takes time out of her personal schedule to build relationships with students that need it most. She is truly an amazing individual we are blessed to have her on board. --Nominated by Laura Kaczmarek & Cindy Morgan

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The board also presented a proclamation to Caryn Wood for the Drama's Club's successful production of "Sally Cotter and the Censored Stone." The proclamation cited the cast and crew and said the show "exceeded all expectations of a high school drama performance, bringing laughter, jest, and extreme entertainment to the audience it gathered for this event."

Tompkins County Legislature sets new administrator Molino's salary at $130K

By Mike Pettinella

Updated - Dec. 20 - 9 a.m.
From Tompkins County Legislature

Legislature Approves Appointment of Jason Molino as County Administrator

The Legislature, by unanimous vote, confirmed the appointment of Jason Molino, currently City Manager of the City of Batavia, NY, as Tompkins County Administrator, effective January 29, 2018. In a second unanimous vote, the Legislature approved an annual salary for the position of $130,000 for 2018, which falls above the position’s current salary range.

The action also indicates that the County Administrator will be eligible to receive the same fringe benefits and annual salary adjustments as those provided other management staff as negotiated and upon ratification of the County’s CSEA White Collar union.

A credentialed local government management professional by the International City/County Management Association (ICMA) with diversified experience in public administration, Mr. Molino has served as the Chief Executive Officer and Chief Fiscal Officer of the City of Batavia since 2006 and for two years before that as Assistant to the Village Manager for the Village of Port Chester, New York.

Legislature Chair Michael Lane congratulated Mr. Molino on behalf of the Legislature, and said that, among the things that had impressed the Legislature was that, after applying, he had taken the time to attend some of the meetings of the Legislature and its committees. “This is a feather in his cap,” Lane said.

“Thank you for the warm welcome,” the new Administrator said. “It’s an honor to be selected.” Molino added that he has watched Tompkins County government from afar over the years, and that “it’s a pleasure to be part of this team.”

Budget, Capital, and Personnel Committee Chair Jim Dennis, who chaired the search committee, remarked, “I’m pleased with the work of the committee and the people involved in it—another good process that the County has had to pick people for very important jobs.”

Other Administration changes:

Chair Lane announced that long-time Deputy County Administrator Paula Younger, who has served as Interim County Administrator since mid-November, has received an opportunity for another important role and will be leaving county government in early January. “I think it will be wonderful for our government and Tompkins County, as well,” he said, telling Younger, “We certainly appreciate what you have been doing for us every day.” County Attorney Jonathan Wood will assume Interim Administrator responsibilities from the time of Ms. Younger’s departure until Administrator Molino comes on board.

Previously:

Tompkins County Legislature officially voted to hire 11-year Batavia City Manager Jason Molino as its new County Administrator tonight.

Molino confirmed the appointment as he returned from Ithaca with his family.

In a published report, Legislature Chair Mike Lane acknowledged Molino’s strong background in budgeting, labor relations, and management oversight, and was confident that county personnel "would work with him to keep them on a course for success."

Molino is expected to continue to serve as Batavia's manager until the end of January.

Batavia Town planners OK variance for further subdivision at Oakwood Estates on East Main Street Road

By Mike Pettinella

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A unanimous vote by the Batavia Town Planning Board for a variance to subdivide 35 parcels at Oakwood Estates on East Main Street Road is sure to brighten the Christmas season for real estate developer Peter Zeliff (photo at right).

The board, at its meeting at Batavia Town Hall tonight, voted 5-0 (three members were absent) to split the two-family home lots into 70 parcels with variances, waivers and conditions reviewed as applied for by Zeliff.

This action opens the door for Zeliff to contract with Ryan Homes to build 70 single-family, two-story homes on the site, with the houses ranging in size from 1,500- to 2,500-square feet.

When asked if this lifts a weight off his shoulders, Zeliff replied, “Definitely,” adding that he has been sitting on a more than $5 million investment for about four years.

During that time, he has sold 12 lots and built homes on seven, but, as a result of the board’s vote, there are now a total of 128 lots on the development.

“Ryan Homes came to me and they feel they can fill a spot in the market that isn’t taken care of here (in Genesee County),” Zeliff said. “That’s the (homes that sell for) $175,000 to $250,000.”

Zeliff told the board that the majority of the subdivided lots are situated on the south and west side of the development, and will have a minimum of 60 feet of frontage.

“Duplexes haven’t gone over real big. People don’t want to buy half of a duplex. I thought it would go over well, but it hasn’t,” Zeliff said, adding that the subdivision will not increase the amount of traffic or the number of occupants.

Zeliff said his initial plan was to build the development in three phases, but he then changed his mind – building out the entire property.

He said all lots have city water and sewer, electric and cable; the selling price of the lots starts at $30,000.

In other action, the board approved an application by Ulrich Signs of Lockport to build a new sign for the Five Start Urgent Care project on Veterans Memorial Drive, a structure next to Home Depot that also will include QDOBA Mexican Eats restaurant.

The board proposed a joint meeting with Batavia Town Board and Batavia Town Zoning Board of Appeals and tentatively scheduled it for 6 p.m. Feb. 7 at the Town Hall.

Grand Jury: Man indicted for string of alleged burglaries in the city this fall

By Billie Owens

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

Hearing in Batavia delayed for immigrant facing deportation

By Howard B. Owens

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Before her deportation hearing this morning, immigrant-rights protestors rallied outside the Buffalo Federal Detention Facility in Batavia in support of Dolores Bustamante, a single mother who has been living and working in Wayne County.

Bustamante was taken into custody in 2014 when a trooper stopped her for a traffic infraction. Her attorney and supporters say the trooper violated State Police policy and constitutional protections by running an immigration status check on her. The trooper found she was in the country without proper documentation.

Her hearing was delayed until May this morning because the translator scheduled to handle the case couldn't speak clearly because of illness and no other translator was available.

Her attorney, Jose Perez, did make a motion to dismiss the case because Bustamante's rights had been violated by the trooper.

The judge refused to hear the motion because Bustamante's first attorney previously made factual admissions that Bustamante is from Mexico, was in the country without documentation, and admitted Bustamente was subject to possible removal.

That, Perez said, was a mistake by that attorney and could lead to a complaint to the New York State Bar for negligence and malpractice. 

The admissions potentially deny Bustamante the ability to challenge her arrest and deportation on constitutional grounds.

Once the complaint is filed with the Bar, the immigration judge can agree to hear and consider the motions.

Immigration-rights advocates in Central and Western New York are using Bustamante's case to highlight what they see as a disturbing trend under the Trump Administration to increase deportations, which are up 40 percent. 

Supporters say under the previous administration, Bustamante would not have as readily faced deportation because of her community ties, regular employment, and dependent children.

Perez said in May he will make the case that Bustamante would be granted asylum because she had been a victim of domestic violence in Mexico. Also, he noted, her son, who was not involved in gang activity in Mexico, was recently killed by gang members there, which could make it unsafe for Bustamante to return to Mexico.

NOTE: Information about proceedings in court this morning come entirely from the defense attorney in the case because of convoluted rules at the detention facility. For some reason, defendants are allowed only 10 friends and family guests in the courtroom, and for some inexplicable reason, journalists are included in that count. I agreed to leave so another family member could get into court, in part because of another inexplicable rule -- I couldn't have my mobile phone with me, even while attorneys were allowed their phones.  

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Hawley announces Charitable Gaming Act signed into law, takes effect in 180 days

By Billie Owens

Statement from Assemblyman Steve Hawley:

“This is a tremendous victory and crucial first step toward reforming our gaming laws for the tens of thousands of non-profits, fire departments, churches, Rotary and Kiwanis Clubs and charitable organizations throughout the state," Hawley said.

“After a long uphill climb, and with much help from my colleagues in the Assembly and Senate, we have made important changes to New York’s gaming laws that open the conversation and serve as a catapult to tackle more changes this year.

“I would like to personally thank Assemblyman Robin Schimminger (D-Buffalo) for carrying this bill in our house and Senators Patrick Gallivan (R-Elma), Michael Ranzenhofer (R-Amherst) and Rob Ortt (R-North Tonawanda) for championing this cause in the Senate. I would also like to thank all the constituents and local groups who contacted my office and the governor’s office expressing their support for this bill.

“The law will take effect in 180 days and the New York State Gaming Commission will make any necessary tweaks. I am so proud of the work we have done and I am hopeful that moving forward we continue to advocate for our charitable and nonprofit organizations and make more changes to the state’s gaming laws.”

Lions rename and dedicate annual basketball tournament for Peter Arras

By Howard B. Owens

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Thirty-five years ago Peter Arras convinced his fellow Lions Club members in Batavia to start a Christmas basketball tournament and then he ran it for more than three decades. At the tournament's annual kick-off dinner last night, Arras was honored and the tournament was officially renamed The Peter Arras GCC Basketball Tournament.

The Arras family was on hand for the dinner, including his widow Nancy Arras, above, who received a memorial clock from the club, presented by Dave Van Scoy. Van Scoy is a former superintendent of Batavia City Schools and Pete Arras was principal at Jackson School until his retirement. Arras passed away in October at age 77.

Lions member Ross Fanara was friends with Arras since Fanara was 10 and Arras was 12. They met on a baseball field and Fanara quickly learned, seeing Arras long frame sling an overhead fastball his way, that young Peter was a natural and gifted athlete.

He loved all sports, Fanara said, and excelled not only at baseball and basketball but football, golf, bowling and racketball.

As an athlete and educator, he was dedicated to the youth of the community, Fanara said.

"Mentally, morally, spiritually and socially he was always a class act," Fanara said. "He was truly a role model to our youth and continued to be even after his retirement. It is only fitting and richly deserved that the Batavia Lions Club Christmas Basketball Tournament will now be known as The Batavia Lions Club Peter Arias Memorial Basketball Tournament."

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Players from the four teams participating in the tournament this year -- Notre Dame, Batavia, Albion, and Elba -- attended last night's dinner. Pictured are Christian Cleveland, Notre Dame, Naz Pratt, Batavia, Demetrius Gardner, Albion, and Ben Pflaumer, Elba. Holding the trophy is Tony Scalia, the new tournament chairman.

The first game is at 7 p.m., Dec. 27 (a week from tomorrow night), with Notre Dame and Elba. Elba will look to avenge the team's only loss of the season, which came in overtime, on Notre Dame's home court 74-72. The nightcap opening night, at 8:30 p.m., is Batavia vs. Albion. Albion is a smaller school, but it will put a lot of big, experienced players on the court. It, too, should be a good game.

The finals are the following Friday, Dec. 29, with the consolation game at 7:30 p.m. and the championship at 8:30.

Scalia said the tournament format will change next year, going to eight teams in two brackets. The Class A and Class B schools will be in one bracket and the Class C and Class D schools will be in the other bracket. This should make the tournament more competitive, Scalia said. Batavia will be vying for the championship against schools closer to its own class.

During the dinner, Batavia Head Coach Buddy Brasky mentioned that Pete Arras gave Brasky his first teaching job in the City School District at Jackson School, which allowed Brasky to become Batavia High School basketball coach.

Photos: Santa skates with beginning hockey players at Falleti

By Howard B. Owens

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Members of the Genesee Amateur Hockey Beginners celebrated Christmas during practice at Falleti Ice Arena on Monday night with a visit from Santa Claus, who led the 3- to 9-year-old hockey players on a skate around the rink. There are 75 players participating this year.

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Top Items on Batavia's List

Gas stove, dryer, queen bed and boxspring, books, bikes, legos, mens and womens clothing and much more. Cash and Venmo accepted. May 24-26 8am-? 5050 Batavia Elba Townline rd Batavia 14020
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