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When Batavia City Manager Jason Molino suggested Monday night that an ordinance proposed by the Neighborhood Improvement Committee to force landlords to better maintain their properties couldn't be quickly implemented, he found stiff opposition from council members who are tired of repeated constituent complaints about poorly maintained properties.

"We can't have any more bull," said Councilwoman Rose Mary Christian. "We can't push this aside any longer."

Some council members wanted Molino and his staff to act on the proposal within 30 to 90 days, even though the NIC's request gives the council until the end of the year to implement a new ordinance.

"This is not a turnkey piece of legislation," Molino said. "There is a lot of staff impact."

The proposed legislation would require city staff to inspect every rental property every 36 months, and every owner-occupied home each time it is sold. Once inspection requirements were met, a Certificate of Occupancy would be issued.

Items that could be inspected would include smoke alarms, CO2 detectors, plumbing fixtures, heating, appliances, wiring, safe exits and that the exterior is safe and sanitary.

Additionally, landlords would be required to register tenants with the city and ensure an agent of the property resided in Genesee County.

Molino maintained that it would take a good deal of research and study to determine the impacts on city resources, and whether additional resources would be needed.

Every council member spoke to the need for quick action to deal with a long festering issue in the city, but Councilman Frank Ferrando pointed out that NIC requested a deadline for action that might allow Molino enough time for research and ensure a new ordinance could be brought forward in a reasonable amount of time.

NIC requested that the council vote on a new ordinance by the end of the year.

"Let's follow the recommendation of the committee and give Jason and his staff the time necessary to do it right," Ferrando said.

After a bit more debate, the council agreed to instruct City Attorney George Van Nest and Molino time to figure out the impacts, write the proposed law -- which could include implementing the proposal in stages, such as tenant registration first, and annual inspections later -- and bring back a recommendation to the Council before current terms that expire this year end.

Pictured: Bob Bialkowski, who initially raised the idea of the proposed ordinance with NIC.

Time to start cutting or poisoning those weeds and cleaning up that debris on your property Mr. Slumlord or absentee land owner or other property owner who just simply neglects to maintain your land in accordance with City of Batavia standards.

The standards -- especially as pertains to weeds and debris -- are clearly spelled out in section 96 of the city municipal code.

The only difference is, after a vote of the City Council Monday night, the fines are a little stiffer, and if you persist and don't pay your fines, you could find yourself in Batavia City Court and possibly in jail.

The new enforcement mechanism calls for a $250 fine plus the expense of cleaning up the mess for those land owners who fail to cut or remove weeds as well as debris.

If the fines go unpaid or the problem uncorrected, tickets could be issued, which then require the land owner to appear in court. The potential penalty there is 15 days in jail for each separate offense -- the kicker is, each day of non-compliance is a separate offense.

So you need to ask yourself, how many days do you want to spend in jail?

We need to check -- Has Adam Miller started selling backpedals?  It seems so. A few were put in use at tonight's Batavia City Council meeting.

Suddenly, the idea of taking a good hard look at converting the Batavia Fire Department to an all volunteer force doesn't seem as attractive to as many council members as it did May 26, when City Council President Charlie Mallow raised the issue in a fiery speech about the high cost of the current paid-professional service.

At that meeting, council members Marianne Clattenburg, Bill Cox, Bob Bialkowski and Rose Mary Christian all expressed support for looking more closely at the idea, with Clattenburg endorsing Mallow's call to arms with a hearty, "here, here."

Tonight, only Mallow kept the flame lit.

"I could foresee a problem with volunteers because of all the tall structures we have in the city," said Clattenburg. "I have real concerns if something disastrous happens."

Clattenburg said what she really meant at the previous meeting is that there should be some study on how the city can save money on fire service, such as looking at what cities of similar size as Batavia, with similar structures, do for fire service and how they keep costs down.

Christian, who wasn't quite as vocal in her support of Mallow's proposal in May, was more adamant in her opposition tonight to the idea of switching to an all volunteer force.

Christian made the repeated point -- disputed by Mallow -- that only paid professional fire fighters are trained in how to clear a building in an emergency, that volunteers are not allowed to get evacuation training.

"400 Towers is in my ward, and we have hospitals in the other wards," Christian said. "When you can prove to me that they have the training, then I can agree with it. Until then, I can't."

Christian also raised concerns about how quickly volunteers would respond, noting that current fire personnel can respond to an emergency anywhere in the city within three minutes.

When Bialkowski suggested that the City Council set some goals for what it hopes to accomplish with a reconsideration of the fire service, Christian interjected, "Goals are about money, and my goals are safety.  Money isn't always an issue."

And the theme was set for the discussion: This isn't all about money. We need to consider the safety issues as well.

"When we had that fire at Christina's, if not for the immediate response of the fire department, that whole block could have gone down," said Councilman Frank Ferrando.

Mallow reminded council members that terms of the current union agreement doesn't necessarily put safety first. Before any volunteer firefighter can be dispatched to a fire in the City of Batavia, all paid personnel must be called in, even if it means overtime.

"If we're going to talk about safety, let's really talk about safety," Mallow said. "Let's talk about these restrictions."

Mallow also said that there are bigger cities in New York, with bigger structures, that have all-volunteer fire departments.

"Just because we've always done it this way in Batavia doesn't make it right," Mallow said.

Council members are going to form a subcommittee to further study cost saving measures, including potentially coming up with a scheme to include volunteers with paid staff in a single department.

Christian (pictured top in file photo) is a candidate for a seat on the County Legislature and Clattenburg (file photo) is looking to move up from her Ward 2 council seat to a Council At Large seat.

UPDATE: One woman suffered burns to her legs and a second driver was transported to UMMC for evaluation following a three-car accident on Route 98 near Rose Road in Batavia about 4:45 p.m.

A Saturn driven by the woman who was burned was completely engulfed.

"She was lucky to get out of the car fast," said Town of Batavia Fire Chief Robert Hunt.

Her name, along with the other driver who may have been injured has not been released.

James Devlin, who was driving a Jeep northbound on Route 98 when his car was apparently rear-ended by A Subaru, was apparently uninjured and declined transport to the hospital.

"I was making a left turn and I could see the car coming up behind me and it wasn't going to stop, but there was nothing I could do," Devlin said. "She hit me and spun me around and then the other car hit me and that's the last thing I remember. I just got out because I saw the flames."

The third vehicle in the crash, a Saturn, that made the second impact with Devlin's Jeep apparently tore the gas tank from the Jeep, which immediately burst into flames.

It wasn't clear from officials on scene if the woman driving the Saturn was pulled from the burning car or if she got herself out. Devlin said he believed she got out of the car herself.

The preliminary investigation by Deputy C.J. Minuto indicates the driver of the Subaru apparently did not stop after coming over the crest of a hill and hit Devlin's Jeep, spinning it into the southbound lane, where it was again hit in the rear by the Saturn.

Pictures: Top, photo submitted by Deputy Chief Paul Barrett of the Town of Batavia Fire Department. The second photo, by Howard Owens, is the the burned-out Saturn.  Bottom: First picture by Howard Owens of Deputy Minuto and Det. Kirsopher Kautz look at the Jeep that was driven by Devlin.  Next three pictures by Paul Barrett.

NOTE: We are anticipating more pictures later.

Original Post:

A vehicle accident in the area of 9098 Route 98 has apparently left one person with burns and fire crews are being dispatched.

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One person has been arrested, and one suspect is still at large, in a rash of vehicle break-ins in the City of Batavia over the past month, the Batavia Police Department said this afternoon.

In a press release, the police department indicated the break-ins are ongoing -- if they can be called break-ins -- because most of the times, the cars hit have been unlocked over night.

In most cases, GPS systems and other electronics as well as money and personal checks have been stolen.

Police investigators continue to urge people to lock their vehicles and not leave anything of value insides. GPS units are of particular interest to the thieves.

The name of the suspect arrested was not released.

Tips that might lead to the arrest of suspects can be called into 345-6350 or Det. Kevin Czora at 345-6311.

UPDATE: I asked Det. Czora if the name of the suspect already in custody could be released and he said he is withholding the name while the investigation is in progress.  The release of the name, he said, could jeopardize the eventual capture of the second suspect.

I also asked him about the suggestion brought up in comments on The Batavian when we reported on these burglaries last month that the police try a sting operation, and he said that wouldn't necessarily work in this case because the thieves are operating throughout the city. Their complete M.O. is to seek targets of opportunity -- unlocked cars -- which Czora said are numerous throughout the city.

"If we could just get people to start locking their cars and keeping their valuables out of their cars, it would be slimmer pickings," he said.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: If you're looking to try a perfect neighborhood eatery, check out Delavan's.. We have a $25 gift certificate for $12.50.

Herbly Wonderful, 3701 Pearl Street Road, Batavia, N.Y.:  Herbly Wonderful offers teas, dried herbs, blends and spices. Hours: Tuesday thru Saturday: 10 a.m. to 6 p.m., Sunday: noon to 5 p.m..

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift certificates for $7.50.

Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lovers paradise. We have a $25 gift card for $12.50.

Main St. Pizza Company, 206 E. Main St., Batavia, N.Y.: Main St. wins consistent praise from diners for every item on its menu, but of course Main St. is most famous for its pizza and wings. We have THREE $5 gift certificates ($15 value, to be used together or separately) for $7.50.

Note: We've made a couple of changes to the rules below.

A $1 PayPal service fee applies on items more than $10 and .50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value.  People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before.  Gift certificates cannot be combined with other offers without prior approval of the merchant, nor can gift certificates bought separately be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. Ideally, the winner will arrange to stop by my office on Main Street to pick up gift certificate. Mail is an option when necessary. 

If you want to be notified via e-mail of future Deals of the Day, sign up for the Deals of the Day e-mail list by clicking here.

Merchants: If you would like your business featured in Deal of the Day, call Howard Owens at 260-6970.

Delavan's

SOLD

Herbly Wonderful

SOLD

Sport of Kings

SOLD

Center Street

SOLD

Main St. Pizza

SOLD

The engine of a tractor in a field near Mullen Road and Morganville Road in Stafford is reportedly on fire.

Crews from the Stafford Fire Department are responding, though the first responder is reporting the fire is out.

UPDATE: All equipment now being held in hall. Fire is out.

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Welcome to Batavia, Mr. Douglas Randall. We're sure you will be a fine replacement for retiring City Code Enforcement Officer Mike Smith.

But if you want to keep your job, you better move to Batavia before July -- of next year.

Essentially, that will be the vote before the City Council at tonight's 7 o'clock meeting when the council is asked to approve a residency waiver for Randell, giving him time to locate a suitable abode.

The City of Batavia will go into the real estate business tonight, considering a proposal to sell 19 acres of land to the Town of Batavia for $150,000.

The land could serve number of needs for joint facilities, including a potential location for a Genesee County Chamber of Commerce facility, maybe the visitors' center, according to Town Engineer Steve Mountain. who spoke with WBTA this morning. 

Previously, Assemblyman Steve Hawley pushed through legislation in Albany that would enable Elba, Oakfield and both the town and city of Batavia to share a court facility.

The 19-acre location is on the south side of Park Road near Oak Street.

The City Council meets tonight in Council Chambers at 7 o'clock.

UPDATE: Curious about the Chamber of Commerce plans, I called Steve Lockwood, chamber chairman, who replied via e-mail: "There is no item on the City Council’s agenda that involves the Chamber.  I have no comment to make."

The driver of a black Pontiac Grand Am or Grand Prix that reportedly hit a motorcycle on Walnut Street on Friday night and then fled the scene is being sought by Batavia Police.

The motorcycle driver, Justin Fagan, 22, who suffered an injury to his lower leg, told police he had seen the Pontiac behind him on Route 98 driving at a high rate of speed and weaving in and out of traffic. Both the car and the motorcycle were northbound on Walnut when they approached the construction area in the 100 block and Fagan said he slowed down and moved left to try avoid being hit.

The black Pontiac allegedly maintained its original speed, striking the motorcycle in the rear, sideswiping it and then continuing northbound on Walnut Street, turning right onto Law Street (its only option with Walnut closed to northbound traffic at that point).

Fagan's passenger, Emily O'Brien (age not available), suffered an unspecified back injury.

Both O'Brien and Fagan were taken to UMMC, but both have apparently been released as of today.

Witnesses at the scene Friday night complained that even with the rough road during construction, cars continue to drive the street faster than they should.

"This was bound to happen," said Walnut Street resident T.J. McAllister. "See how bumpy it is. Look at that police car and how much it's bouncing even as slow as its going.  People come through here going twice as fast. It's just crazy."

Det. Richard Schauf, Batavia Police Department, said the police are aware of speed problems along Walnut and Law streets and are doing as much as possible to address it.

"Whenever we have somebody available that's an area we try to enforce," Schauf said. "We try to be visible."

Another witness, Joe Elmore, who was first on the scene, described Fagan as a bit of a hero, sacraficing his own body to keep his bike upright.

"He said he did everything he could to protect his girlfriend," Elmore said. "He broke his leg just trying to hold up his bike."

Batavia resident Mark Blanch is competing this week in Seattle at the 2009 National Veterans Wheelchair Games, according the D&C.

Blanch, 52, will compete in swimming, table tennis, track and field and pool.

“We’re not people that sit around the house and do nothing,” Blanch said. “We like doing things. We like competing and every one of us feel that we’re not disabled.”

Blanch was diagnosed with multiple sclerosis in 1992.

LaToya D. Jackson, 23, of 25 Hutchins St., Upper, Batavia, is charged with disorderly conduct and resisting arrest. Jackson allegedly caused a disturbance at Goade Park early Saturday morning about 4 a.m.. She allegedly resisted arrest while being taken into custody. Jackson was placed in Genesee County Jail on $2,000 bail.

Brandt L. Arnold, 28, of 752 Reynolds Road, Darien, is charged with harassment. Arnold allegedly grabbed a woman by her wrist, dragged her to the ground and would not let her get up. He is held on $450 bail. The alleged incident occurred Sunday about 11:45 p.m..

John Nicholas Vaccaro, 21, of 7081 Transit Road, East Amherst, is charged with unlawful possession of marijuana. Vaccaro was reportedly a passenger in a vehicle that was pulled over for an alleged traffic violation when he was allegedly found in possession of marijuana.

Andrew James Ahmad, 22, of 4120 Gunville Road, Clarence, is charged with unlawful possession of marijuana. Ahmad was reportedly the driver of a vehicle pulled over for an alleged traffic violation. Marijuana was reportedly found in his pants' pocket.

Daniel W. Winters, 25, of 125 Kenwick, Rochester, is charged with DWI. Winters was taken into custody following a traffic stop just after midnight Sunday on Sumner Road in Darien. Winters is also charged with driving with a BAC of .18 or greater and aggravated unlicensed operation of a motor vehicle. His license was reportedly previously revoked. He was taken to jail on $7,500 bail.

Zachary D. Parisi, 20, of 1752 Broadway, Grand Island, is charged with DWI. Parisi was stopped on Colby Road in Darien for allegedly crossing a double yellow line while driving his 2004 Ford Mustang. Parisi was also charged with driving with a BAC of .08 or greater. The incident occurred at 10:38 p.m. Saturday.

Jesse Matthew Caudill, 28, of 5373 Wethersfield Road, Silver Springs, is accused of causing a disturbance in the beer tent of the Alexander Tractor Pull on Friday night. Caudill allegedly took an open-handed swing at Deputy J.L. Baiocco. Caudill was charged with harassment and issued an appearance ticket.

Ronald E. Quayle, Jr., 42, of 305 Mason Road, Mohawk, was charged with DWI Thursday about 11:45 p.m. following a traffic stop on Route 33 near Lovers Lane Road. Quayle was allegedly driving with a BAC of .08 or greater.  He was also issued a ticket for allegedly driving 67 m.p.h. in a 55 m.p.h. zone. and a ticket for an alleged failure to keep right.

Charles R. Engel, 39, of 1835 E. Albert St., Philadelphia, Pa., was charged with DWI for allegedly driving  while intoxicated on Main Road in Stafford early Friday morning. He was also charged with driving with a BAC of .08 or greater, aggravated unlicensed operation, speed over 55 m.p.h., driving left of pavement markings and moving from a lane unsafely.

They're commonly called "bicycle-shaped objects" -- the bikes Wal-Mart sells. They're built and designed to be cheap, not reliable. The same could be said for the lawn mowers you can get at Home Depot -- for $120 to $130 you can get a lawn mower, that if you're lucky, will last the summer, and then you can replace it next year.

People think of the Big Box Stores as low-price leaders, but there's an adage we all know: You get what you pay for.

When you shop on price alone, you may just be throwing your money away.

The advantage of the local retailer is that his or her reputation rests on the products in the store, and the service that goes with the sales.  The typical local business owner went into a particular line of work because that's his passion. He or she is an expert in the field. That passion and expertise makes for a better shopping experience.

And sometimes you'll be surprised -- the lowest prices aren't always at the big boxes.

Here at The Batavian we're thankful for the men and women who own so many of Genesee County's great stores and restaurants, because without them, there would be no site in town like The Batavian.  If you appreciate what we're doing, please support the sponsors listed below, and when you do, please let them know that you saw their ad on The Batavian and it influenced your patronage for that day.

• Adam Miller Toy and Bicycle
• Affordable Floor Covering
• Alex's Place
• Barrett's Batavia Marine and Sporting Supplies
• Batavia Cycle Center
• Batavia Downs Casino
• Batavia Muckdogs
• Blue Pearl Yoga
• Carlson's Studio
• Cedar St. Sales and Rentals
• Center Street Smokehouse
• Charles Men's Shop
• D'n'R Fireplaces and Stoves
• Delavan's Restaurant and Tavern
• Diegelman Plumbing
• Eclectic Creations
• The Enchanted Florist
• Essence of Candles
• Fastec Automotive
• Genesee County Red Cross
• Genesee Feeds
• Godfrey's Pond
• Herbly Wonderful
• Holland Land Office Museum
• Jackson St. Grill/Belladessa's
• The Insurance Center
• Larry's Steakhouse
• Lewis and Lewis
• Main St. Pizza Company
• The Mane Attraction
• Max Pies
• O'Lacy's Irish Pub
• Oliver's Candies
• Pellegrino Auto Sales
• Picasso's Pizza
• Present Tense Books
• Roxy's Music Store
• South Main Country Store
• Southside Deli
• Sport of Kings
• T.F. Brown's
• T-Shirts Etc.
• Valle Jewelers

A little late, but here's the Top 10 posts for June:

• Manhunt in progress near Townline and 63
• Elba robbery suspects identified, arraigned and held without bail
• Pavilion superintendent earning $183K
• Lightpost painting in downtown Batavia
• New York Assembly passes 'Farm Death Bill'
• Weeds Be Gone: City looks to toughen ordinance for property clean up
• Walgreens fence is barrier to business growth in Le Roy
• Emory Upton's monument getting a little unexpected sprucing
• Anti-teen drinking campaign in Genesee County June 20 
• Purple boxes spotted in Genesee County trees designed to trap Emerald Ash Borer

This video captures just a slice of the early hour or so of the 4th Annual Ramble Music & Arts Fest.  By the afternoon, T.F. Brown's was wall-to-wall music fans both inside and on the patio. The spirit of the event is can only be captured if you show up in person, and from all over the country.

The following arrests were reported in conjunction with the Rascal Flatts concert yesterday at Darien Lake Theme Park:

Crystal M. Parmenter, 23, of 111 Lincoln Mills Road, East Rochester, was charged with harassment for allegedly slapping another person who was in a car while exiting the concert venue.

Gaston R. Prattis, 18, of 247 Erb St. E, Waterloo, Ontario, Canada, and a 17-year-old from Canada were charged with trespass for allegedly climbing into the backstage area. Each was held on $500 bail.

David B. Terrance, 23, of Wheeldon Drive, Rochester, was arrested and charged with exposure for urinating in public.

Landon B. Zeeman, 21, of 2004 Ten Concession, Cambridge, Ontario, Canada, was charged with petty larceny for allegedly stealing a can of beer from a concession stand. He is held on $500 bail.

Melissa M. Thompson, 33, of 100 N. Main St., Medina, was arrested for allegedly stealing approximately $3,000 over the course of four years while working as a manager of food service at Darien Lake. She was charged with grand larceny and issued an appearance ticket.

The following individuals were also cited for ABC violations:

August C. Nienburg, 19, of 477 80th St., Niagara Falls.

Brian K. Drylewski, 19, of 474 21st St., Niagara Falls.

Jason M. Hahn, 19, of 1049 101st St., Niagara Falls.

Mark D. Bigley, 20, of 250 73rd St., Niagara Falls.

Brianna J. Cowell, 20, of 58 Coronet St., Tonawanda.

Jennifer C. Malley, 20, of 3349 Wallace Drive, Grand Island.

Carrie L. Schoeping, 18, of 3349 Wallace Drive, Grand Island.

Danielle R. Bruno, 19, of 195 Deerwood Lane, Grand Island.

Plus three people under the age of 18.

The Stafford Fire Department sponsored its annual waterball and volleyball tournaments Saturday at its facility in Stafford.

Alden's department won the waterball tournament this year. 

Waterball is a competition between two teams with fire hoses trying to shoot a ball on a rope from one end of the field to the other. When a team can push the ball against the other team's backboard, that team gets a point.

The charity event helps raise money for Stafford's health and education fund. The fund recently distributed $500 each to cancer patients so they have fuel money to get to and from treatments. Also, each year the fund provides $1,000 college scholarships to a pair of Stafford high school seniors.

Two teams from Stafford and one each from Alden and Elba participated.

Assistant Chief Scott Kibler submitted the pictures.

More photos after the jump: