The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with two counts of obstructing governmental administration, criminal contempt, 2nd, and two counts of harassment, 2nd. Dhanda allegedly violated an order of protection. He is accused of spitting on and kicking the arresting officer, Officer Pete Flanagan. He was jailed on $5,000 bail or $10,000 cash.

Quentin L. Gibson, 32, of Glendale Drive, Lockport, is charged with DWI, aggravated unlicensed operation, no headlights, and obstructed view. Gibson was stopped at 11:47 p.m., April 7, on West Main Street, Batavia, by Officer Eric Foels.

Tyler D. Price, 24, no permanent address, was arrested for alleged failure to appear on a ticket.

Emily J. Walker, 24, of Sherman Stedman Road, Sherman Town, was arrested on a warrant. Walker allegedly violated terms of Drug Court. She was jailed on $100,000 bail.

Blake Riley Pahuta, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana and improper right turn at an intersection. Pahuta was stopped at 12:28 a.m., Thursday, on South Main Street, Batavia, by Officer Jason Ivison.

Terry Lee Lamere, 52, of Buffalo Road, Bergen, was arrested on a warrant for alleged failure to appear. 

Donald C. Hale, 58, of Townline Road, Byron, criminal contempt, 2nd, turned himself in to police in connection with an investigation into his alleged attempt to contact a protected person.

Brandon J. March, 32, of South Main Street, Batavia, is charged with unlawful possession of marijuana. March was allegedly found in possession of marijuana at 7:46 a.m., March 31, at a location on Cone Street, Batavia, by Officer Frank Klimjack.

Joseph M. Marranco Jr., 46, of Pringle Avenue, Batavia, is charged with petit larceny. Marranco allegedly stole prescription pills from another person. He was jailed on $5,000 bail, $10,000 bond.

A 17-year-old resident of Holland Avenue was arrested on a warrant and jailed on $2,500 bail.

Aaron M. Talbot, 35, of Pearl Street, Batavia, is charged with menacing, 2nd, harassment, 2nd, and criminal possession of a weapon, 4th. Talbot was allegedly involved in a fight at 5:50 a.m., April 4, in which he struck another person and displayed a knife.

Press release:

Raymond F. Cianfrini, attorney, announces that he will be retiring from the practice of law effective May 1. Clients, friends and colleagues are invited to an open house at his office at 31 Main St., Oakfield, from 3 to 5 p.m. on Friday, April 28.

Cianfrini, who has been engaged in the general practice of law in Oakfield since 1972, recently reflected in a letter to clients:

“When I began my law practice in 1972, I never imagined that I would still be in Oakfield 45 years later doing what I enjoy. I have always considered it an honor when clients put their trust in me to assist them in resolving their legal matters. I would like to thank you for your confidence in me over the years. It has been a pleasure to assist you.”

DelPlato Casey Law Firm LLP (Attorneys Michael A. DelPlato and Peter M. Casey) will continue to serve Cianfrini’s clients at the office location at 31 Main St., Oakfield.

Press release:

The next START-UP Genesee Think and Drink event will take place at Genesee Community College (GCC) featuring small business resources and access to capital specialists. The FREE event is the fourth of series of networking opportunities for entrepreneurs and small business professionals. The event hosted by GCC will take place in Room T119 from 5 to 7 p.m. on Thursday, April 20.

The program will include remarks by the following:

• Barb Shine, a leadership development trainer and serial entrepreneur. Shine will offer highlights of GCC’s upcoming Small Business Ownership Series, a program recommended for all entrepreneurs as well as current managers of small business.
• Peter M. Casey, Esq., who is a START-UP Genesee sponsor and partner at DelPlato Casey Law LLP and Batavia Development Corporation Board officer, will address legal considerations when starting a business.
• Leanna DiRisio, The Hidden Door owner, and Sam Campanella, certified business adviser for the Small Business Development Center, will share their stories about starting and growing a business.

“The course was intentionally designed for the busy self-starter who might be wondering where to begin or for the early stage operator needing a little more guidance,” Shine said. “Our goal is to shape an action plan for your business initiative.”

“It’s vital to consider the business structure as you enter a venture and equally critical to protect your assets,” said Casey.

Representatives from local banking institutions will be on hand and other creative lending sources will be on display.

START-UP Genesee is intended to assist all types of businesses from early stage planning to site selection, access to capital and product development or diversification.

The Think and Drink series is sponsored by:

• Canandaigua National Bank
• Tompkins Bank of Castile Insurance Agencies
• Feed Maxick CPAs
• Merrill Lynch of Batavia
• University at Buffalo New York State Center of Excellence in Bioinformatics, Life Sciences and Material Informatic
• Del Plato Casey LLP

Mercy EMS is finding its current ambulance staging area at St. Jerome's on Bank Street a little cramped and not conducive to keeping ambulances ready to roll in all kinds of weather, so it's planning a new 11,500 square foot facility off Route 98, just north of the Thruway, in the Town of Batavia.

The new facility will cost about $2 million and the site plan was reviewed and recommended for approval last night by the County Planning Board.

"There’s no space," said Mercy EMS General Manager Bill Schutt of the current location. "We’re in essentially four old hospital rooms there. There’s very limited parking space, obviously, if you’ve been there. In winter times, it’s especially difficult. Ambulances have fluids in them, medications that need to be kept warm, so you’re trying to run heaters inside them to warm them while parked outside. We don’t have any space there to hold meetings, do training, any additional private spaces, very limited crew space."

The new facility will have eight interior parking bays and additional spaces with electrical hook-ups for ambulances to park outside in emergency overflow situations.

The location, 2.2 acres being split out from an 8.6 parcel, is part of the Gateway II project on Call Parkway, just off of Oak Orchard Road.

Schutt said the new location will have no effect on response times.

There will also be expanded crew space, a meeting and training room.

The new location will also include a purchasing department that will house regional purchasing for Mercy Flight.

Also on Thursday's agenda:

• The board recommended approval of two new commercial buildings on a parcel just north of Home Depot, abutting the Thruway, at 4181 Veterans Memorial Drive. The buildings will be a 12,600 square foot facility that will house medical offices and a 7,500 square foot building that will contain three spaces. Two will be restaurant spaces. The $1.2 million project is being undertaken by Holland Trotta out of Rochester.  A spokesman for the developer told planners that the large space was originally intended for a well-known local restaurant, but those plans changed. The signage on the architectural drawings in the planning board packet for the smaller building show an urgent care business and a Mexican chain restaurant, Qdoba Mexican Eats.
• The board recommended approval of a conditional use permit for 17.4-acre, 2-megawatt solar farm at 2901 Pearl Street Road, Batavia. 
• The board recommended approval of a nine-month moratorium on the planning and construction of solar farms in Stafford, giving officials time to review policies and zoning plans for such facilities.
• The board recommended approval of a site plan review for a new 29,456 square foot paddock at Batavia Downs to be constructed on the east side of the race track. The previous paddock was removed to make room for construction of the new hotel. Currently, stables, are being used for paddock space. Paddocks are where horses and drivers are prepared for each race and return to after the race for washing and testing (winning horses are tested for banned substances, as required by the gaming commission). 

Sgt. Terrence Irvin, from Batavia, second from left, is a Marine Security Guard currently deployed to Brussels, where he served recently as part of the security contingent for Secretary of State Rex Tillerson, middle of the picture. Irvin is currently serving as a guard attached to the State Department. Following his discharge in 2019, he hopes to become a NYS State Trooper.

A two-car accident, unknown injuries, is reported in the area of 6581 Swamp Road, Byron. Byron and South Byron fire departments are responding along with Mercy medics.

Two people suffered minor injuries in an accident just before 7 p.m. at Main Street and Jefferson Avenue, Batavia.

City fire, Batavia PD and Mercy EMS responded.

No further information available at this time.

After opening a year ago in Attica, Amanda Dixon decided her consignment shop, Second Hand Heaven, might get more business in the bigger city of Batavia, so she's opened her doors at 315 Ellicott St.

The shop offers a wide range of used items for sale, from furniture and household goods to clothing and toys, as well as art, books and DVDs.

Owning her own business, Dixon said, allows her to keep her 2-year-old child with her during the day, which she couldn't do working for an employer.

Plus retail is a people business.

"The people I've met are amazing," Dixon said. "It's really nice. I like it."

Press release:

On Saturday (April 15), O'Lacy's Irish Pub will celebrate 20 years of business in Downtown Batavia.

The all-day celebration will feature specials and giveaways. Live Celtic music will kick off at 8 p.m. by the Rochester group called "Himself."

The public is invited to come celebrate at the pub and enjoy anniversary cake, which will be served at about 8:30 p.m.

The celebration and band will continue until 11 p.m.

O'Lacy's is located at 5 School St. in the City of Batavia.

This history was provided by proprietor Kent R. Ewell:

In 1996, a small, single-story woodframe building (which was the former Darien Knitting Mill), was purchased and torn down. Soon a new building arose shaped and resembling a small Irish cottage and on April 15, 1997 O’Lacy’s Irish Pub opened for business!

Owners at that time, Kent and Nancy Ewell, decided to keep O’Lacy’s as authentic as possible. The menu (which had not changed much) featured American and Irish items as well as some very popular specialty sandwiches. The bar started with 12 draft beers but soon expanded to 16, which currently exist now. The beer is all “pushed” with nitrogen and their lines are only 14-feet long, which makes for a smoother cold one! Guinness is their featured beer. In 2010 O’Lacy’s won the Guinness “Best Pour” in NY State. Quite a feat for small-town Batavia! 

O’Lacy’s also created, organized and ran nine St. Patrick’s Day Parades -- the first and only St. Patrick’s Day parades in Batavia’s history. Along with the parades they have run several charity events through the years; donating to many organizations such as the Richmond Memorial Library, Crossroads House, Toys for Christmas, UMMC, Volunteer for Animals, and many others too numerous to mention.

Present owner Kent Ewell has held his own in the Market Place and has no plans for any extreme changes. He is proud of his staff, thankful for the friendly, quality patrons who enjoy stepping into a bit of “The Old Sod”!

Photo: By Howard Owens

An accident involving a semi-truck and car is reported in the area of 5901 Route 20, Bethany.

No word on injuries.

There's heavy front-end damage is reported to a vehicle. The tractor-trailer went down a culvert and is in water. It's 80,000 pounds loaded. A heavy wrecker will be needed.

Bethany fire and Mercy EMS responding.

UPDATE(S) (By Billie) 12:34 p.m.: This accident involved a tractor-trailer and farm equipment. According to a deputy at the scene, two tractor-trailers were eastbound on Route 20 and nearing a hill. The tractor-trailer that was behind the foremost one decided to pass at the hill. After doing so, the trucker came upon a tractor that was towing a manure spreader. The farm tractor had just made a left-hand turn into the driveway of a farm but the manure spreader was still in the roadway when the passing tractor-trailer clipped the rear of the manure spreader, tearing off the spreader's rear axel. The tractor-trailer continued off the north shoulder of the roadway into a guard rail and down a deep culvert into a creek filled with water. The trucker suffered a big bump on his forehead. The deputy said citations will be issued. They have a lot of manure to clean up on Route 20 as a result of the accident.

UPDATE 12:52 p.m.: The Bethany assignment is back in service.

Six supervisors from the Genesee County Emergency Dispatch Center were on hand at the opening of the County Legislature meeting yesterday evening to accept a proclamation from Chairman Ray Cianfrini declaring April 9-15 as National Public Safety Telecommunications Week.

Cianfrini said the proclamation recognizes the hard work and dedication of Genesee County's emergency dispatchers.

Batavia Bootery, located inside Charles Men's Shop in Downtown Batavia, held its official grand opening last night. Cutting the ribbon, with Dave Howe and Don Brown, is Pete Zeliff, owner of local shoe manufacturing company P.W. Minor. 

For more on the store opening, click here.

Submitted photo and press release:

Pembroke Corfu Darien Kiwanis Club is sponsoring its Easter Egg Hunt on Easter Sunday and it begins promptly at 12:15 p.m. at the Pembroke Town Park (Route 77 and next to the high school).

This is for kids ages 2 to 10 years old and there are 3,500 plus eggs. Please bring your camera since the Easter Bunny will be there.

The PCD Kiwanis has been sponsoring this event for 40+ years!

This is an outdoor event and please dress appropriately for the weather. For more information, call Pat at 762-8419.

Wanna be a big loser? The Batavia Lions Club wants YOU to take its 2017 Weight Loss Challenge, either by yourself or as a two-person team. Weigh-in day is Saturday, April 15 (all day) at Next Level Fitness Center, located at 85 Main St. in Downtown Batavia.

This is the second annual 75-day challenge (through July 1) for adults only (minimum age 18) with cash prizes awarded for the most weight lost: First Prize -- $1,000; Second Prize -- $500; and Third Prize -- $250.

Also, the largest fund-raising individual or two-person team gets an additional prize (a $1,000 value) -- An overnight stay and dinner package with spending money for two people at Salvatore's Grand Hotel and Russell's Steaks Chops & More in Buffalo.

Your hard work will help the community, according to organizers. Here's how:

• Each registrant must secure weight-loss sponsorship fees from friends, family or the workplace -- totaling a minimum of $2.50 per pound of weight loss;
• This sponsor list must be completed and submitted with your registration form;
• All dollars raised through your weight-loss efforts will go to the Batavia Lions Club to be used throughout the community on programs supported  by the Batavia Lions Club.

The registration fee is $40 per person (checks payable to Batavia Lions Club) and must be paid at weigh-in. To register and/or to get further details, call 455-7514, email ascaliajr@rochester.rr.com, or visit online here.

In addition to a T-shirt, participants get weekly support for their weight-loss efforts and can avail themselves to meal plans, fitness programs, planned group events, health and wellness programs, sponsor specials and more.

Helping People in Need -- DePaul Batavia Square Apartments
DePaul, a not-for-profit organization established in 1958, is seeking to rezone two East Main Street properties in order to allow construction of 80 units of housing for income-eligible tenants.

The affordable apartments would be fully handicap accessible, provide workforce housing and would serve vulnerable populations including veterans, elderly individuals and persons with special needs who would be linked with supportive services. A spring 2018 construction date is targeted.

DePaul committed last fall to build new facilities in Genesee, Livingston, Orleans and Wyoming counties as part of a $2.6 billion statewide plan to develop supportive housing units for vulnerable populations such as the working poor, seniors and veterans. 

Working with SWBR Architects, DePaul has plans for six buildings — two multistory apartment buildings and four sets of town homes placed in half-circles around a central green space. The newest developments in solar technology would be utilized and vegetated “green roofs” would be located over both the two- and three-story, 24-unit buildings with shared laundry facilities in each town home. According to DePaul President Mark Fuller, DePaul is staying on trend with varied design and less density, providing mixed-use, diverse options to populations in need. 

Having access to affordable, quality housing in a neighborhood that is connected to jobs and other amenities makes life better for people. Research demonstrates there is a positive relationship between stable, affordable housing and improved health, increased academic performance and greater economic self-sufficiency. 

Construction of new affordable housing creates a host of jobs, while vacant or underutilized parcels are transformed, increasing the value of the property and neighboring areas. Communities truly benefit from the revitalization of neighborhoods and promotion of economic and social integration. DePaul is committed to investing in Batavia and the many people in need who benefit from quality housing. For more information; please visit us online at: www.depaul.org

When you step into the new Batavia Bootery, the experience will be top rate and you will find only quality shoes in stock, say proprietors David Howe and Don Brown.

The new shoe store at 210 E. Main St. is a joint venture between Charles Men's Shop (the establishment of Howe and Brown) and local shoe factory P.W. Minor.

The store's grand opening is this evening from 6:30 to 8.

"Quite frankly, P.W. Minor was looking to have a strong presence in their own community," Howe said. "I think Mr. Zeliff (Pete Zeliff, owner of P.W. Minor) has really made a strong commitment to the community and he wanted to make a commitment to Downtown. As proprietors of Charles Men's Shop, Don and I like anything that is going to help Downtown businesses."

Howe expects the new shoe store to draw on and expand the customer base of the 70-year-old clothing store, which Howe said has a strong local following, but also draws customers from Buffalo and Rochester.

But with limited space, Charles Men's Shop wasn't able to sell shoes to its customers.

"I think a good shoe store has been sorely lacking in Downtown," Howe said. "When Pete approaches us, I said I can't tell you the number of times people have come in to buy a new suit, whether they have a new job, are going to a job interview, a funeral or a wedding, and when we've finished packing the new jacket, shirt and tie, they say, 'I need a pair of shoes.' " 

Now those customers will be taken to Batavia Bootery, Howe said. There, both men and women will find a complete line of high quality, long-lasting, comfortable shoes sold by a knowledgeable, friendly staff. While featuring shoes from P.W. Minor, other companies shoes will also be available, to offer a price range from moderate to higher end, but all shoes from other lines are selected for their quality, comfort and foot health benefits.

"Our customer service is second to none," Brown said. "We're professionals. We got to all the big shows. You're not getting that kind of service in a mall or a big box store. The knowledge, you can't get that from a bunch of stars left by Millennials online."

Batavia Bootery will be the flagship store for p.w. minor, carrying every shoe the 150-year-old local manufacturer carries, including the new Abrams Boots line and the Batavia Boot and Shoe collection, both high-quality brands for the stylish dresser.

The store will also carry the same quality, orthopedic shoes that has made P.W. Minor famous, but in styles that have been upgraded to more attractive and fashionable designs since Zeliff took over the company and saved it from near closure.

Since Zeliff has taken over, he's moved production back to the United States from China and continues to hire more workers and ramp up production as the sales staff finds new customers across the country.

The craftsmanship of P.W. Minor shoes is really impressive, Howe said. They are made to last a lifetime.

"This is a wonderful example going forward of what can be done in America by American workers," Howe said. "I think that’s really cool. Although we’re just a tiny part of what P.W. Minor is doing. We’re really proud to be associated with them and what they’re doing to bring back American workers and American products."

With the passage of the new state budget, there is some relief for local charities looking to conduct raffles, according to Assemblyman Steve Hawley, but not all the reforms in the state gaming law that he would like to see.

Last year, many local charities, most particularly, volunteer fire departments, discovered their traditional fund-raising raffles were potentially in violation of state gaming laws, so most of the raffles were shut down.

Hawley introduced legislation aimed at making these charity raffles legal, but Gov. Andrew Cuomo vetoed the bill after it was passed by the Assembly and Senate.

This year, Cuomo included some reforms in his budget request and with passage of the budget, those reforms also passed.

The changes will allow charities to accept raffle payments by cash or check and to advertise the raffles on the Internet.

Charities will still be prohibited, however, from selling raffle tickets online.

"Those are the big changes and they will be somewhat helpful, but not (in) the place where I’d like to see it," Hawley said.

He is introducing legislation this session to try and get online ticket sales and credit card sales legal for charity raffles.

Interview with Assemblyman Steve Hawley conducted by our news partner, WBTA.