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City will seek another round of funding after grants paid to rehab 19 homes

By Howard B. Owens

A housing rehabilitation program for moderate to low income homeowners, funded by a community block grant, has been a big success and the city would like to do it again, according to City Manager Jason Molino.

The original plan was to provide rehab assistance to 15 homes in the city with the $400,000 grant, but 19 houses were repaired, according to a report given to the city council on Monday.

"This is part of a bigger effort," Molino said. "Housing rehabilitation is one part of our approach to neighborhood revitalization. While only 19 properties were improved, that's 19 properties that might not otherwise be improved."

The city received 80 inquiries and reviewed 66 applications.

The rehab projects including roof replacement, porch replacement, plumbing and electrical repair and facade improvements.

Individual grants were limited to $24,500, but some homeowners were able to chip in some of their own money and go a bit beyond what the maximum grant would allow.

Jodie Freese administered the program for the city and put out each job to competitive bid. Of the seven contractors selected for work, six were based in Genesee County.

About 96 percent of the $364,522 spent on rehab stayed in the county.

Other costs associated with the program included $14,800 for a lead-based paint consultant and $25,435 for program delivery and administration. The city contributed $4,757 to help cover the costs.

The grant originates with the federal government but is administered by the state's Office of Community Renewal.

"We're very satisfied with the results," Molino said. "It was a great project and hopefully we can do it again in the future."

Photo: Provided by the city of a residence on Hutchins Street.

Genesee ARC faces loss of trash pick up contract with City of Batavia

By Howard B. Owens

Genesee ARC, which has provided trash service to the City of Batavia for nearly 30 years, is facing the possible loss of the contract with a city decision to put the trash collection contract out to bid.

Though Genesee ARC is welcome to be among the bidders, as many as three private firms are expect to place bids.

"I think it comes down to the efficiency and effectiveness of the service being provided to the residents," Molino said on WBTA's Main and Center program this morning. "Our approach moving forward with refuse collection -- and it has been -- is how do we continue to divert refuse tonnage from the refuse stream to the recycling stream, and ultimately lowering costs to the residents."

Genesee ARC employs 30 people, including 20 with developmental disabilities, for trash hauling and recycling pick up. The agency is paid $810,000 a year for the service.

The last contract was signed five years ago.

“This is a competitive bid, no different than any other bid for any other service,” Molino said. “If you can provide that service and you can support it and provide the services we’re requesting, then they can continue to provide it.”

Molino also told WBTA he has received virtually no complaints about the service provided by the ARC.

Donna Saskowski, executive director of the ARC, says the trash contract with the city is vital to the agency.

“Mostly because it goes to our mission of employing people with developmental disabilities here locally in our community and it would mean that 20 individuals with developmental disabilities would be unemployed, as well as the staff – all residents of Genesee County – who would become unemployed," Saskowski said.

Molino expects as many as three private companies will submit bids for the trash contract. Saskowski said the ARC is weighing its options.

Saskowski said that even if ARC no longer provides recycling pick up in the city, ARC will certainly try to keep operating its recycling center on West Main Street Road, Town of Batavia.

"Without the city contract it (recycling) would certainly be a diminishment," Saskowski said. "We are dedicated to recycling and we would certainly look for other opportunities."

Law and Order: Driver in Pembroke accused of DWI

By Howard B. Owens

Debra Jean Bastiano, 55, of South Main Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding (55 in 40 mph zone) and possession or consumption of alcohol in a motor vehicle. Bastiano was stopped at 9:31 p.m. Wednesday on Route 5, Pembroke, by Deputy Patrick Reeves.

Thomas Riley Munger, 18, of Glidden Circle, of Hamlin, is charged with unlawful possession of marijuana. Munger was arrested following a report to College Village security of individuals smoking marijuana in a vehicle on College Village grounds.

Two Corfu residents accused of growing marijuana

By Howard B. Owens

Marijuana, both growing and harvested, was allegedly found in the home of two Corfu men Wednesday after members of the Local Drug Enforcement Task Force executed a search warrant at the residence.

Two men were charged with criminal possession of marijuana, a Class D felony.

Jailed on $10,000 bail was Matthew T. Milleville, 26, of Main Road, Corfu, and bail was set at $2,500 for Andrew J. Marlinski, 26, of Main Road, Corfu.

Both men were also charged with a misdemeanor count of unlawful growing of cannabis and Milleville was charged with criminal possession of a controlled substance, 7th.

Investigators report that they found LSD in the residence.

Allegedly found in the residence were more than 30 growing marijuana plants along with harvested marijuana and marijuana paraphernalia.

Back in the saddle - almost

By Howard B. Owens

Most of you have already seen Billie's post from this morning about my taking some time off today for medical tests.

There was a health concern we thought it best to examine, and it turned out to be nothing.

I did have a minor surgical procedure performed and for that reason I can't leave the house tomorrow (Thursday) and need to take it slow for a few days, but the bottom line is the tests were negative and I'm fine.

I will start working again tomorrow, but for tomorrow, just on news I can cover from home.

I do want to say the staff at UMMC today was outstanding -- friendly, cheerful, caring and, most of all, professional.

Thank you for the notes of support from several readers.

Photos: GCC hosts Buffalo Philharmonic Orchestra for Encore 2012

By Howard B. Owens

WBTA's Debbie and Dan Fischer chaired this year's major fundraiser for the GCC Foundation, Encore 2012, the annual appearance by the Buffalo Philharmonic Orchestra at the college. Besides the symphony, the event featured a dinner and art show and was attended by more than 300 people.

Photos: Batavia Christmas lights, Dec. 11, 2012

By Howard B. Owens


I spent some time this evening driving around Batavia and taking pictures of houses with Christmas lights. I've done this each of the past few years (a tradition of The Batavian started by Brian Hillabush). This slide show contains 18 photos. Hopefully, between now and Christmas I'll have time to take more pictures. Tonight I concentrated on trying to find houses I hadn't photographed in previous years. I probably have some duplicates, but hopefully we're featuring some homes that haven't been included in previous years.

BREAKING: Firefighters accused of bookmaking plead guilty to greatly reduced charge

By Howard B. Owens

The three Batavia men arrested in February for running an illegal gambling operation, including two city firefighters, have entered guilty pleas in city court today to a Class A misdemeanor charge of promoting gambling, 2nd.

The pleas are a dramatically reduced from the Class B felony of enterprise corruption, which the case was elevated to in April.

Gregory Phillips and Brian Bordinaro, both veteran city firefighters, along with Lance Engel, a cook with the state's veterans home in Batavia, were originally arrested on a felony charge of criminal possession of gambling records in the first degree, a Class E felony. Philips was also accused of possessing a small amount of cocaine and charged with criminal possession of a controlled substance, 7th.

The Class B felony carried a maximum penalty of 8 to 25 years in state prison.

City Court Judge Robert Balbick's sentencing options include everything from an unconditional discharge to a year in county jail, including a combination of a shorter jail term and a term of probation.

As part of the plea deal, all three men agreed to resign their government jobs.

Attorney Larry Andolina, representing Phillips, said the charge his clients pled guilty to was exactly what they should have been charged with in the first place.

"I just don’t think gambling is that serious of a crime considering all of the gambling that goes on by the state, various lottery tickets, horsing racing, casinos … times need to be changed," Andolina said.

When the case first became public, investigators said gambling records indicated the trio was running a wide-ranging bookmaking operation that covered a variety sports, had numerous clients and turned over about $1 million in wagers. The trio was alleged by investigators to have taken in $80,000 in profits.

Andolina said none of that was true.

"It's all nonsense," Andolina said. "This was little people, betting, gambling on football games. It was blown so out of proportion, which is why it ended up being a misdemeanor."

At the first court appearance that Andolina and his fellow attorneys made on behalf of their clients, District Attorney Lawrence Friedman turned over thousands of pages of "discovery" -- the evidence the government has supposedly gathered against the defendants.

Andolina said the discovery failed to substantiate the original charges.

Friedman was not in court today, was out of the office and has not responded to a request for comment.

Sheriff Gary Maha said his investigators felt they had a solid case that could substantiate the felony charges or they wouldn't have made the arrests.

"We have many cases in which we make an arrest and then the case is pled down," Maha said. "It's our job to make the arrest. It's the DA's job to decide what to do with the case."

The Class A misdemeanor of promoting gambling is the lowest level crime under Article 225, New York's gambling penal code.

Joseph LaTona, attorney for Engel, said there was nothing unusual at all about the plea bargain. He characterized it as a "garden variety" plea.

"I’ve practiced criminal defense law for almost 40 years in Western New York and for individuals without a prior criminal history, for a first-time gambling offense, this is par for the course," LaTona said. "I’ve had many dispositions identical to this throughout many counties in Western New York.  It’s not unusual. It’s typical."

Sentencing on all three defendants is set for March 5.

One decision Balbick will be asked to make in the case of Phillips is to declare what Andolina called a "release from liabilities." He said Phillips has an opportunity for another job and a release from liabilities allows a person convicted of a crime to still be licensed in New York for some types of jobs. Andolina said the job prospect for Phillips is in the private sector.

Phillips and Bordinaro had 17 and 18 years on the job and would have been eligible for a New York State pension if they had completed 20 years of employment.

Both, they said in court, have already resigned from their city jobs.

Photos: Top, Bordinaro, center, with Andolina, right and Greg Ireland, president of IAFF Local 896. Inset, Phillips.

The deeper we get into winter, the more the local economy needs snow

By Howard B. Owens

We need snow. Ask any snomobiler. Without snow, there is a lot less winter fun.

But there's also an economic impact. There's a whole industry of bars, restaurants, repair shops, fireplace retailers and other businesses that depend on cold weather and snow.

The forecast for this winter is: We just don't know.

"There's an equal chance for above or below normal for both temperature and precipitation," said Jim Mitchell, a meteorologist with the National Weather Service in Buffalo.

If the start of winter had seen the formation of an El Nino or a La Nina, then forecasters could make a longer range prediction on what kind of winter we might expect. Without either of those weather phenomena, the outlook is neutral.

The longest range prediction, Mitchell said is that outside of today, we'll see warmer and drier conditions for about a week and then some colder temperatures and some precipitation up to about 18 days out.

There is a chance, Mitchell said, of a white Christmas.

Kevin Fisher, president of Genesee Sno Packers, is keeping an eye on the weather.

Last year's dry winter resulted in fewer people -- about half of normal -- registering their snowmobiles.

Most of the state fee for registrations -- $35 of it -- went to local snowmobile clubs to help maintain the state's 10,000-mile trail system.

Without that money, many clubs may be hurting, Fisher said.

"In your household, a business, in any organization, getting half of your funding cut is pretty hard to swallow," Fisher said.

If that happens again this year, the impact could be devastating.

"My biggest fear is that snowmobile clubs, not necessarily right here in Genesee County, but statewide, are going to have difficulty staying afloat," Fisher said. "The trail system as we know it will start to come apart."

Right now, registrations statewide are down 17,000 from this time a year ago.

Fisher suggested that people at least join their local clubs, pay their local dues, that will at least help finance some trail grooming.

Guy Clark, owner of Cedar Street Sales and Rentals, said he always has a plan A, B, or C for his seasonable business.

In a normal winter, Clark said Cedar Street might sell 100 to 150 snowblowers and service twice that many.

That didn't happen last winter, but the winter was so mild, his service department kept busy getting lawn mowers ready for spring, and the early spring helped with other sales.

It actually would have been a worse winter if there had only been about a foot of snow and then the ground just stayed frozen for a month or two, Clark said.

When it's cold, said Rita Towner, co-owner of WNY Fireplace Outlet, and home heating oil bills are going through the roof, people start looking at less expensive alternatives for heat, such as wood or pellets.

"We're creatures of habit," Towner said. "When it's cold, we want to be warmer, but we don't want to pay extra money."

But while sales have been slow for wood and pellet systems, Towner said, it's been a weird winter so far. A lot of people are coming in looking for gas inserts, and those sales are balancing the books.

"There are a lot of people who are getting away from wood and looking for something more efficient," Towner said.

As for a longer term outlook -- the kind possibly related to climate change -- Mitchell said he isn't looking at the weather patterns that way. Everything balances out, he said, and while WNY had an unseasonably mild winter in 2012, Alaska had colder temperatures and more snow than average, as did much of northern Europe.

A lot depends, he said, on the jet stream. If it pushes cold Canadian air into the Northeast, we're more likely to get winter storms. When the jet stream stays to the north, we get warmer weather, but somebody else is colder.

For snowmobilers now is not the time to worry about a lack of snow, Fisher said. It's what comes later this month and January that matters.

"We could have a great winter yet and technically the trails don’t open until Dec. 19, so as present of a snowmobile club, I’m glad it’s not snowing right now," Fisher said. "I would like to see cold and get the ground frozen, but as far as snow, no, because there’s still hunters out there. It’s their time. It’s their season. If there’s snow people are tempted to go out and ride."

Riding now, he said, causes problems with property owners who donate land to trails -- and they are often are also hunters -- so Fisher is glad people are off the trails.

The weather and the economy definitely have a ripple effect, Clark said.

First, many of his customers do landscaping during the summer and spring, and if they're not plowing driveways in the winter, they're not making the money that will help pay for a new lawn mower in the spring.

Second, Clark noted, there are a lot of businesses, such as bars and restaurants and gas stations, that depend on snowmobilers to provide them with winter cash flow.

"Those business owners are the customers of everybody else," Clark said. "If they're not doing well, they're not going to spend."

Law and Order: Rochester man accused of concealing drugs while being booked into jail

By Howard B. Owens

Benjamin Authur Tribunella, 18, of Spencerport Road, Rochester, is charged with criminal possession of a controlled substance, 7th, unlawful possession of alcohol by a person under age 21 and promoting prison contraband, 1st. Tribunella's vehicle was stopped at 4:28 p.m. Monday on Route 33, Stafford, for an alleged equipment violation by Deputy Joseph Corona. During the traffic stop, Tribunella was found to allegedly possess a controlled substance and alcohol. While being processed into the Genesee County Jail, Tribunella was reportedly found in possession of an additional controlled substance that he allegedly tried to conceal.

Randy Kevin Wilmet, 35, of Franklin St., Batavia, is charged with falsely reporting an incident. Wilmet is accused of providing false information regarding a vehicle accident at 5:18 a.m., Oct. 21, in the Town of Bergen. Wilmet reportedly was a passenger in the vehicle. Also charged was Matthew James Reed, 28, of State Street, Batavia.

Joshua David Kritz, 24, of Lyndale Court, West Seneca, turned himself in on a bench warrant out of the Village of Corfu Court for allegedly violating a conditional discharge on a DWI arrest. Kritz was jailed on $500 bail.

Gregory Stephen Halifax, 46, of Diane Drive, Cheektowaga, is charged with criminal contempt, 2nd. Halifax is accused of violating an order of protection.

Rochel J. Johnson, 31, of Pembroke, is charged with harassment, 2nd. Johnson was arrested by State Police in connection with an alleged incident reported at 6:20 p.m., Oct. 26. No further details were released.

Proposed technology park gets final STAMP of approval from Town of Alabama

By Howard B. Owens

Five years of planning, public meetings, studies, environmental reviews and dozens of written reports came down to one vote Monday night in the Town of Alabama, and by unanimous decision, the town's planning board said yes to a proposed industrial technology park.

The 5-0 vote to change the zoning for 1,340 acres within the town's borders clears the way for the Genesee County Economic Development Center to aggressively market the technology zone and begin the process making STAMP the kind of "shovel ready" property that GCEDC officials say is necessary to attract big business.

Before the vote, Mark Masse, VP operations for GCEDC, said it had been hard work to get the development to the point of the pivotal vote, "but now we leave it in your hands."

"The town has been involved from the beginning in hiring consultants and getting a lot of work done looking at the project," Masse said. "We're excited to be at his point."

For the board, the decision came down to three key points: infrastructure for public water, support from the majority of town residents, and jobs.

Trustee Janet Sage noted the expense the towns of Bethany and Batavia are facing to bring public water to their residents, but under the agreement with GCEDC, the infrastructure for water will be created for 70 percent of the town residents at a reduced cost to ratepayers.

The total capital cost of the water project is $5.2 million.

An estimated $1.9 million in grants will reduce the cost of bringing public water to Alabama rate payers from $882 annually to $512 per year.

"We will be saving residents a lot of money over the long run," Sage said. "It would be a long time if ever before Alabama gets water if this doesn't pass."

Sage also noted that in a survey of residents, among those who responded, nearly 70 percent said they supported STAMP.

It was that support for the project that board members should note, said Alabama resident Sam Ferris.

"You should put your personal issues aside and vote the way the town wants," Ferris said. "We voted into into office to vote for our rights.  If you can’t put your own personal thoughts aside, you should reconsider running when it's your turn to run again."

Other speakers echoed Ferris call for a vote in line with the majority support for STAMP, and Donald Sage spoke about how important the jobs are to the future of Alabama.

"I've lived here all my life and I've never been able to make a living here," Sage said. "I worked construction in Rochester to make a living for my family."

GCEDC estimates that at full build-out -- which may take as long as 25 years -- that STAMP could employ 9,300 people.

Sage went on to talk about the importance of family staying together and said he probably won't be around by the time the real benefits STAMP kick in, but his grandchildren will benefit.

"You should not have to worry about going to Dallas, Texas, or Raleigh, North Carolina, to get to spend time with your family," Sage said.

There were no speakers at Monday's meeting who opposed STAMP.

When Supervisor Dan Mangino announced the resolution passed 5-0, most of the 20 residents in attendance applauded.

In related action, the board set a public hearing for Jan. 14 to consider a 12-month moratorium on all commercial construction in the town that is outside of the STAMP district.

The moratorium would give the town time to developed new zoning laws in anticipation of STAMP-related growth, preventing unwanted commercial construction and destruction of farmland.

Photos: Jaycee's Christmas lights winners for 2012

By Howard B. Owens

With the announcement this morning from the Batavia Area Jaycees of their annual Christmas lights display winners, I drove through Batavia this evening and got pictures of the five houses.

Above, 108 Ellsworth Ave., the traditional winner.

16 Vine St., most colorful.

101 Naramore, overall winner.

23 Meadowcrest Drive, most commercial.

20 Valle Drive, simple and elegant.

I also drove by 19 Trumbull Parkway, the honorable mention, but the lights weren't on.

Alexander man accused of doing donuts in Johnny Bear's parking lot, damaging building

By Howard B. Owens

Tips from readers of The Batavian have helped lead to the arrest a man suspected of driving his truck into the building of a restaurant in Darien Center on the night of Dec. 1.

Johny Bear's, on Broadway Road, reportedly suffered significant damage from a truck that spun out in the parking lot while the asphalt was covered with a dusting of snow.

N. L. Beglinger, 21, of Peaviner Road, Alexander, is being charged with reckless driving and leaving the scene of a property damage accident.

According to Deputy Brian Thompson's report, Beglinger drove into the parking lot at 12:35 a.m., with a 2006 Chevy pickup registered to Harlan L. George, of Peaviner Road. He drove in a northwesterly direction, spun counterclockwise and struck the building. He then allegedly headed southwesterly, and peeled out in the grass in front of a fire hydrant. Tire marks then showed the truck heading northwest and doing a donut in the parking lot.

Thompson said in his report that the investigation revealed that Beglinger intended to report to an insurance company that the truck struck a tree on Sprague Road.

The initial report in The Batavian suggested the truck involved in the accident also did donuts at the Triple C Shop Mart, Darien, and a video surveillance system captured some images of that truck.

It turned out the two incidents were unrelated -- different trucks -- though similar-looking -- and different drivers.

There were three passengers in Beglinger's truck, Shelby L. Fryer, 17, Douglas J. Knauss, 22, and Christopher King, 21.

Beglinger is scheduled to appear on the matter in Darien Town Court at 5 p.m., Dec. 18.

Deputy Kevin McCarthy assisted in the investigation.

Ranzenhofer asks DOT for faster action on deterioriating Bethany Center Road bridge

By Howard B. Owens

In a letter to the Department of Transportation, Sen. Michael Ranzenhofer has asked the agency to reconsider its delay in replacing the Bethany Center Bridge.

While the DOT has stated the bridge is safe, its visual deterioration gives the appearance of a bridge in a high degree of disrepair.

At one time, the bridge was scheduled for replacement in 2011, but it was moved down the priority list and the earliest proposed replacement is now 2015.

"I recognize that allocation of scarce resources is of particular concern, but I would urge you to reconsider the deferral of this project," Ranzenhofer wrote to Commissioner Joan McDonald. "Please consider adding this project to your list of top-priority projects and start the process that will allow this bridge to be replaced as expeditiously as possible."

Ranzenhofer said he has received numerous complaints about the bridge, both from residents and business owners. He cited the bridge as a vital link in local agriculture transportation, especially with the opening of the Genesee Valley Agri-Business Park.

"Vital parts of the economy of the Genesee County would be seriously impacted by a failure of this bridge," Ranzenhofer wrote.

Download: Full letter (PDF).

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