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CPA gives City of Batavia high marks, but three Council members vote against pay raise for Molino

By Mike Pettinella

Despite a Certified Public Accountant's report that painted an increasingly bright picture of the City of Batavia's finances, which include more than $8 million in assigned and unassigned fund balances, three City Council members on Tuesday night voted against a salary increase for Manager Jason Molino.

Yes, Molino did receive a 2.75-percent raise, lifting his annual pay to $93,782, but it was by a 6-3 tally with Alfred McGinnis, Kathleen Briggs and Paul Viele casting "no" votes.

John Canale, Adam Tabelski, Brooks Hawley, Patti Pacino, Rose Mary Christian and Council President Eugene Jankowski voted in favor of the raise, with the usually tight-fisted Christian offering a glowing endorsement of Molino prior to the vote.

"I have seen three managers come and go," Christian said. "The first one gave us a stadium that he said wouldn't cost us anything and it cost us millions. The second manager gave up our water, and the third manager gave us this building (City Centre) which cost us millions again.

"Jason came in 10 years ago and the city was in debt. He was the first one who decided not to have a raise one year. He is the person who applied for the grants, and we received millions of dollars in grants. We have two pump stations, a new fire truck, new cars in the police department, newer equipment ... all because of Jason. He's the one that got us out of debt. And we have new streets, sidewalks ... reserve funds in different departments, and we never had this before."

Briggs and Viele had previously voted against the 2016-17 budget, which included an appropriation for Molino's raise, but McGinnis switched gears last night after going on record as being in favor of management raises.

McGinnis said he's not against raises for department heads, based on performance, but would like to use Video Lottery Terminal funds (money from Batavia Downs Gaming that is not in the city budget) for this purpose.

"I know we can't do it this year, but I propose in the coming budget year to look at pay raises for management the same way corporations do it, performance-based, with the money coming out of VLT funds," McGinnis said. "This saves the taxpayer money and still takes care of management. We should step into that corporate world and use the VLT money."

Asked after the meeting why he didn't vote for a pay raise for the manager, McGinnis took out a slip of paper from his pocket showing that the mayor of Buffalo earns $104,000 for a city of 261,000.

"Jason already makes close to that," he said.

Earlier, Laura Landers, CPA and partner with Freed Maxick, reported that the city showed a surplus of $1.3 million for the 2015-16 fiscal year, which increased its restricted/committee/assigned fund balance to $6.6 million to go along with an unassigned fund balance of $1.8 million.

The general budget fund balances include $770,000 (insurance), $3.4 million (capital projects), $700,000 (employee benefit accrued liability), $433,000 (retirement contributions), $145,000 (Dwyer Stadium), $152,000 (Vibrant Batavia and the city's Comprehensive Plan) and $1.2 million (funding of reserves proposed by Molino for 2016-17).

Landers said that Batavia has the "reserves and financial means to address what is in its (Comprehensive) plan" and has seen its expenditures come in under budget consistently since 2007.

Council agreed to move to next month's Business meeting a draft recommendation by Molino to allocate $1.2 million to the following general fund reserve funds -- police equipment reserve ($50,000), fire equipment reserve ($150,000), DPW equipment reserve ($200,000), Dwyer Stadium repair reserve ($125,000), facilities reserve ($400,000), sidewalk reserve ($150,000), administrative services equipment and software reserve ($50,000) and employee benefits accrued liability reserve ($75,000).

In other action, Council voted unanimously to pass four resolutions:

-- A local law to amend the Downtown Batavia Business Improvement District (BID) plan, which addresses the organization's excessive district assessment charges in its 2016-17 budget and a need to adhere to Open Meetings and Freedom of Information laws. 

The city has been holding on to $49,571 in BID assessment money that exceeded the authorized amount allowed for operations and debt service payments under the General Municipal Law, a move that was questioned by Jankowski.

"Why are we holding that money?" Jankowski asked, noting that the BID already has $202,865 in a reserve account of its own. "Why not give them all the money, so that it can be kept in one place?"

Molino countered by saying that "technically the money shouldn't have been levied in the first place."

"If we turn it over (to the BID), we may not be able to ever get it back," he said. "There is no need to use it until the district plan is in place."

--  An application for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home.

-- An application for a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas. The city is hoping to receive funds to advance the Ellicott Station redevelopment project led by Buffalonian Samuel Savarino.

-- A decision to declare five DPW vehicles as surplus, with any revenue received from their disposal to be placed into the respective departments' equipment reserve funds.

Motorcycle accident reported on Telephone Road, Pavilion

By Howard B. Owens

A motorcycle accident is reported in the area of 7550 Telephone Road, Pavilion.

Injuries are reported.

The motorcycle is off the roadway.

Pavilion fire and Mercy EMS dispatched.

Mercy Flight is on ground standby.

UPDATE 7:35 p.m.: There are two victims. Mercy Flight isn't necessary.

UPDATE 7:41 p.m.: Second ambulance requested to the scene.

Sponsored Post: WNY Gas & Steam Show 50th Anniversary Rally is September 8-11th!

By Lisa Ace

WNY Gas & Steam Engine Association Schedule of Events:
Daily Demonstrations: Threshing, Working Blacksmith Shop, Saw Mill & Model Demonstrations, Pumpkin Cannon.

Thursday, September 8th - Gates Open at 9am
9:00am - Opening of Huge 170 Vendor Flea Market
3:00 - 6:30pm - Pasta Dinner
4:00pm - Consignment Auction - Auctioneer: Bontrager Real Estate
7:00pm - Truck Pull - Street Legal Stock 4x4

Friday - September 9th - Gates Open at 9am
9:00am - Flea Market
12:00pm - Old Time Tractor Stone Boat Pull
3:30pm - 6:30pm - Live Music - “Shopkeepers” Concert
4:00pm - 7:00pm - Live WCJW Broadcast
5:00pm - Steamed Sweet Corn
7:00pm Start - Tractor Pull, Steamer Pulls, Exhibition Team Pulls, Semi Trucks, Superstock, Modified and Superfarm
Tug-A-War - Steam Engine vs. Kids - during evening Tractor Pull Performance
7:30pm-10:30pm - Live Music - “Kelly’s Oldtimers” - Round & Square Dancing

Saturday - September 10th - Gates Open 9am
9:00am - Flea Market
10:00am - Tractor Pull - Antique -Semi-Antique - 1959 & older, EGTPA & Stock - Off the lawn garden tractor & team pulls - continuing through day & evening.
10am - Dick Davis Memorial Dedication
12pm - 50th Rally Parade - Followed by Carla Wright Memorial Dedication
2:00pm - Live Music - “Alexander Firemens Band” Concert
3:30pm - 6:30pm - Live Music - “Shopkeepers” Concert
4:00pm - Benefit Concert for Veterans - Multiple bands - Sponsored by Sacred Heart Productions, LLC
5:00pm - Steamed Sweet Corn
Tug-A-War - Steam Engine vs. Kids - during evening Tractor Pull Performance
7:30-10:30pm - Live Music - “Don Newcomb & Rawhide” - Round & Square Dancing

Sunday September 11th - Gates Open at 9am
9:00am - Flea Market
9:00am - Church Service
10:00am - Car Show
12:00pm - Tractor Pull - Farm Stock & Team Pulls
1:00pm - 3:00pm - Live Music "Niagara Frontier Fiddlers” Concert

For more information on the event, click here to visit us online.

KeyBank downtown Batavia branch to close Dec. 2, decision result of pending merger with First Niagara

By Billie Owens

A dated Sept. 2 letter was received today by many of Batavia's KeyBank customers informing them that the branch located at 219 E. Main St. in Downtown Batavia is closing at 3 p.m. on Friday, Dec. 2.

The nearest branch for those customers will be located at 69 Main St. in Batavia. That location is currently a First Niagara branch that is scheduled to become a KeyBank branch on Oct. 11. Services for customers affected by the closure of 219 E. Main St. will be available at the 69 Main St. branch on Monday, Dec. 5.

The letter -- written by Kevin J. Sloan, executive vice president, Branch Network, KeyCorp -- says:

"As we bring First Niagara and KeyBank together, subject to regulatory approval, we've evaluated the branch networks of both banks to see how we can serve you most efficiently. As a result of the evaluation, your KeyBank branch (219 E. Main St., Batavia) is closing."

Those with questions are asked to stop by the Batavia branch of KeyBank before Dec. 2 or to call KeyBank customer service at 1-800-KEY2YOU (1-800-539-8336).

Corfu Free Library’s Annual Used Book Sale at Brick House Corners Fair is Saturday

By Billie Owens

Press release:

"Great reads at great prices!"

The Corfu Free Library's popular Book Sale will take place Saturday, Sept. 10, starting at 10 a.m. at the Brick House Corners Fair on the corner of routes 5 and 77 in the Town of Pembroke. 

The Book Sale is perfect for avid readers who want to stock up on books covering a wide variety of topics and authors at amazing prices. This fall’s large selection of used books features titles for all ages of readers and a sizeable selection of DVDs of movie titles and some on informational/educational topics as well. 

The used books and DVDs being sold are items that were donated by residents for someone else to read and enjoy, along with a small number of outdated or discarded materials from the library’s shelves.

In addition to the Used Book Sale, the Brick House Corners Fair, which is sponsored by the Pembroke Historical Association, also features children’s games, a bake sale, pie judging contest, entertainment, historical exhibits and much more. 

The Used Book Sale at the Fair is sponsored by the Friends of the Library and is held annually and is a great opportunity for readers to get some popular titles and authors at discounted prices. While residents are there, they can pick up a copy of the Library’s brochure so that they can learn more about the materials, electronic services and programs the library has to offer.

For more information about the Annual Book Sale, or any of the programs at the Corfu Free Library, please call 585-599-3321

The Corfu Free Library provides residents a variety of programs, events and materials that are listed on the library’s website at www.CorfuFreeLibrary.org.

Vandalism reported at cemetery in Bergen

By Howard B. Owens

A deputy has been dispatched to the Mount Rest Cemetery in Bergen, Route 262 and Route 19, to investigate a complaint of damage to headstones.

Batavia PD clarifies timeline around discovery of body in lake at DeWitt yesterday

By Howard B. Owens

Press release:

The City of Batavia Police Department has been investigating the discovery of a deceased male in the sand wash at DeWitt park. The City of Batavia Police Department is issuing a clarification in the timeline of the originally reported events.

The timeline is as follows:

  • 08:54HRS: Fisherman discovers deceased male, contacts Genesee County Dispatch Center 09:03HRS: Officers arrive on scene
  • 10:30HRS: Genesee County Coroner Douglas pronounces time of death
  • 11:13HRS: City of Batavia Fire Department and Batavia Police Department Detectives perform water recovery

Cause of death is still under investigation. The Batavia Police Department will not be releasing the identification of the deceased male until the next of kin has been notified. The Batavia Police Department will update the media with any new information as it becomes available. 

Caller has had enough of dog barking all day

By Howard B. Owens

The city's animal control officer has been dispatched to an address on Union Street where a caller reports that a dog is tied up outside every day and barks all day.

"The caller has had enough," the dispatcher told the officer.

A second caller, who heard the dispatch, says he believes the dog is on Woodrow.

Downtown Improvement District plan amendment on City Council agenda

By Mike Pettinella

City Council is expected to vote tonight on a local law to amend the Downtown Batavia Business Improvement District (BID) plan, a proposed action supported by a six-page report from City Manager Jason Molino and coming on the heels of last week's resignation of BID Executive Director Laurie Oltramari.

The Business session of tonight's City Council meeting at the Council Board Room at City Hall gets under way at 7 p.m. and will be followed by a Conference session.

The city and the BID have been at odds since May when Molino reported that the BID's 2016-17 assessment budget exceeded the General Municipal Law limits for district assessment charges used for operations. Molino also recommended requiring the BID to adhere to Open Meetings and Freedom of Information laws, and to post its bylaws and meeting notices and minutes on its website.

According to Molino's report, the BID -- which includes business property owners located in the downtown section as well as on Ellicott Street -- assessed a levy of $120,000 for 2016-17, an amount that exceeds the authorized amount allowed for operations and debt service payments under the General Municipal Law. As a result, the BID assessment that was levied May 1, 2016 was an additional $49,571 in confilict with the GML and the district plan with no authorized use of additional funds.

The city has made several budget amendments to correct the situation, including holding the additional levy of $49,571 in a trust account until the BID plan could be updated and approved by City Council to include a capital infrastructure project. Molino's report also calls for the BID's Management Association to forward its proposed budget to the City Manager no later than Jan. 15 of each year, subject to review by City Council.

Emails and calls to Oltramari for comment regarding her resignation have yet to be returned. BID President Victor Gautieri confirmed the resignation and said the board would meet in the coming week to decide what to do next. 

Also on tonight's Business agenda:

-- Resolutions to submit applications for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home and a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas;

-- A resolution to authorize a 2.75-percent hike in Molino's salary, which would increase his annual pay to $93,782.

Accident reported at Lockport Road and Albion Road

By Howard B. Owens

An accident with injuries is reported at Lockport Road and Albion Road, Oakfield.

Oakfield fire and Mercy EMS responding.

UPDATE 10:10 a.m.: Oakfield Fire Police on location. Both lanes blocked.

UPDATE 10:14 a.m.: Minor injuries.

UPDATE 11:15 a.m.: Units back in service.

Law and Order: Teenage boy arrested after foot pursuit in connection with Ellicott Street burglary

By Billie Owens

A 16-year-old male, no address provided, was arrested at 11:55 p.m. on Sept. 3 following a reported burglary in progress on Ellicott Street in Batavia. The subject was located at the incident location and was subsequently involved in a foot chase with patrols. He was apprehended on Liberty Street, then transported to Batavia Police headquarters for processing. He is charged with third degree attempted burglary, third degree criminal mischief, and possession of burglar tools. He is scheduled to be in City Court today. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Lisa Marie Cordier, 32, of Castle Drive, Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, Cordier waas arrested for allegedly slapping and striking two people. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

A 17-year-old who lives on Castle Drive in Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, the defendant was arrested for allegedly punching and pulling the hair of another person. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

Steven Richard Holt, 40, of Castle Drive, Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, the defendant was arrested for allegedly slapping and pushing another person. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

Carly Marie Fazio, 28, of Trowbridge Street, Buffalo, is charged with resisting arrest and obstructing government administration. At 11 a.m. on Sept. 4, Fazio was arrested for allegedly obstructing government administration during a domestic incident at Darien Lake Theme Park and resisting arrest. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Howard Carlson.

Kevin Michael Jones, 31, of North Pearl Street, Oakfield, is charged with: DWI; DWI with a BAC of .08 percent or higher; first-degree aggravated unlicensed operation of a motor vehicle; unlawful possession of marijuana; and driving left of pavement markings in a no-passing zone. At 1:39 a.m. on Sept. 4 on Route 5 in Pembroke, Jones was arrested following an investigation into an erratic driving complaint. In addition to the charges, he was ticketed for having inadequate exhaust and driving a vehicle with a broken windshield. He was issued an appearance ticket for Pembroke Town Court on Oct. 2. The case was handled by Sheriff's Deputy Eric Meyer.

Michael Eugene Weichman, 21, of West Main Street Road, Batavia, is charged with criminal possession of a weapon in the third degree. At 2:40 p.m. on Aug. 31, while investigating a report of a domestic altercation, Weichman was allegedly found to be in possession of a switchblade knife, while having a prior conviction for a crime. He was arrested and jailed in lieu of $2,500 bail. He is due in Batavia Town Court on Sept. 19. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Lonnie Nati.

Michael J. Antonucci, 33, of Alexander Road, Attica, is charged with second-degree criminal contempt. He was arrested at 7:24 a.m. on Aug. 24 on Bank Street in Batavia after he allegedly violated an order of protection by having contact with the protected party. He is due in City Court on Sept. 20. The case was handled by Batavia Police Officer Cowen Mitchell.

Kiha S. McNear, 18, of Walnut Street, Batavia, was arrested on Sept. 2 on two bench warrants out of City Court. McNear was located at a residence on Walnut Street and was held on bail in jail. McNear is due in City Court on Sept. 6. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Lindsay. 

Ryan R. Hernandez, 19, of Walnut Street, Batavia, was arrested on Sept. 3 on a bench warrant out of City Court. The warrant was issued after Hernandez failed to appear in court on a misdemeanor vehicle and traffic law charge. He was released on his own recognizance and in due in City Court on Sept. 7. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Davis.

WBTA turns old stainless steel call letters into a work of art

By Howard B. Owens

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Rummaging around in the radio station's transmitter site on Creek Road a couple of years ago, WBTA's owner Dan Fischer found the old stainless steel call letters that once adorned the second-floor exterior of 90 Main Street, the radio station's first home 75 years ago.

When the radio station moved to Cedar Place some years later, so did the letters, but whenever the station's studios moved again, the letters were shuffled off to storage at the transmitter building and forgotten until Fischer uncovered them.

As part of a remodeling project at the station's current location at Main and Center, Fischer had the letters polished up and Jeff Gillard designed and built a mounting system that off-set the letters two inches from the wall and back lit them with LED lights.

The long hallway like area at the front of the office has always been a hard area to decorate, Fischer said. It was just a long blank wall and a few small pictures really did not do the space justice. The call letters are a perfect fit.

"They’re obviously a showpiece, a conversation piece, they bring back the history of the station, they’re 75 years old, and when you think of that, and most those years, they were outside, I think they held up pretty well," Fischer said.

Photos: Oakfield Labor Day Parade 2016

By Howard B. Owens

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To purchase prints, click here.

P.S.: I'm not adopting any of the dogs Volunteers for Animals brought to the parade today. Promise.

Here's some drone footage shared by Timothy Wojkowski.

Sponsored Post: Register today for the Genesee ARC Friends & Family 5K!

By Lisa Ace

Register today for the 12th annual Genesee ARC Friends & Family 5K on Sept. 17! This event is a memorial to Mary Anne Graney -- parent, educator, advocate and friend of the ARC. Her dedication to the people with development disabilities and their families have enriched countless lives. The Graney family is pleased that funds raised in this event will help benefit education through the Mary Anne Graney Memorial Scholarship. For more information, visit us online at www.genenseearc.org. For questions, please contact Sandy Konfederath at 585-343-4203, ext. 223, or by email: skonfederath@geneseearc.org.

Cause of death yet to be determined for male body found in DeWitt lake today

By Howard B. Owens

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It likely will be days before we know how a man whose body was found partially submerged in the lake at DeWitt Recreation Area in Batavia died.

A fisherman first noticed the body some time after 6 a.m., which is when the Cedar Street park opened, and he notified a member of the park maintenance staff.

Batavia PD was notified at 8:54 a.m.

Officer Marc Lawrence, who briefed media earlier this afternoon at DeWitt, said he couldn't speculate on why there was a delay between the body being spotted and police being contacted.

Lawrence said there is no information available indicating the age or race of the deceased.

The body was found at the far end of the lake from the main entrance, in the northeast corner, on the other side of the land bridge that has been exposed by the drought.

As of early this afternoon, a scuba-diving team was still searching the lake for any potential evidence that might be connected to the incident.

At this time, the investigation is being handled as a criminal investigation, pending new information that might indicate otherwise.

There have been two recent missing person reports in the area, but there's no information at this time connecting those reports to this incident, Lawrence said.

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Three-car accident with injuries reported at Texaco Town

By Howard B. Owens

A three-vehicle accident is reported at the intersection of Route 63 and Route 20, Pavilion.

Injuries are reported.

Pavilion Fire and Mercy EMS dispatched.

UPDATE 2:25 p.m.: Callers have not indicated extent of injuries. A chief in route has requested Mercy Flight on a ground standby.

UPDATE 2:29 p.m.: Fire Police requested to the scene.

UPDATE 2:32 p.m.: A second ambulance requested to the scene, non-emergency.

Accident with injuries on East Main, Le Roy

By Howard B. Owens

A motor vehicle accident with injuries is reported at 117 East Main St., Le Roy.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 2:12 p.m.: Fire Police requested for traffic control.

UPDATE 2:24 p.m.: Patient extricated.

Photos: 2016 Labor Day 5K race

By Steve Ognibene

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Batavia Jaycees held their 30th annual 5K race this morning starting at MacArthur Park in Batavia. More than 50 people participated in the annual event. 

The winner was Eric Boyce pictured below with an unofficial time of 17:30. Kimberly Mills was the top female, who finished fourth in the field.

Top 10 finishers were:

1.  Eric Boyce

2. Zak Jantzi

3. Kevin Sheehan

4. Kimberly Mills

5. Mario Rosales

6. Jim Lane

7. John Bruggman

8. Frank Gioia

9. Thomas Ognibene

10. Paul Hackett

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To view pictures and purchase prints click here.

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
Tags: garage sales

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