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County jail update: Injured worker back on the job; plumbers, electricians on site next week

By Mike Pettinella

A worker injured at the construction site of the new Genesee County Jail is back on the job, the senior project manager for the facility management firm said on Monday.

Carl York of The Pike Company of Rochester updated the Genesee County Legislature’s Public Service Committee on the progress of the $70 million, 184-bed jail that's going up next to County Building 2 on West Main Street Road.

He said the worker was stationed inside the excavating shield, directing a co-worker on top who was operating the heavy equipment.

“He was directing the bucket back toward himself and he ran out of room and got caught between,” York said. “The worker was transported to the hospital and today he returned back to work. So, he was out for about a week and a half. But he is back to work.”

That’s good news for the employee, but not so fortunate for the site contractor, Bayside Paving Contractors, Inc. of Shortsville, York added.

“OSHA (Occupational Safety and Health Administration) did come out to investigate and they found nothing wrong with the safety or the way they were working,” York said. “They have not finalized their findings yet. But more than likely the contractor will probably get fined because they did not report the accident to OSHA within 24 hours which is required of a hospitalization.

“But that was really the only issue they had with over what happened. They said it was just a flat-out accident.”

Construction is ahead of schedule by about six weeks on the foundation work, York reported, adding that there have been no issues with stormwater pollution and no changes to the total project cost.

York said workers have met one of the first (and many) milestones by completing the building pad prep work three days ahead of the July 26 target date.

“Underground utilities -- our sanitary is about 90 percent complete, stormwater is about 40 percent complete and the water and fire service is about 70 percent complete,” he said.

He said media coverage over the fact that Pike was waiting for National Grid to supply permanent power to the site was a “real good boost … as we did get some good updates from National Grid.”

Foundational work on the administration building and the cell pods is moving along, he added, with expectations that all of that work will be complete by the first week of September.

“Right now, we're waiting for the mechanical – the plumbing and electrical contractors to start on August 15. It was just they couldn't get their deliveries moved up as fast as (general contractor) LeChase (Construction Services of Rochester) was moving along with foundations.”

York said his firm is exploring the addition of a booster pump for future growth, mentioning that a decision will be made on that after speaking with County Manager Matt Landers and his team this week.

Representatives of the state Commission of Correction visited the site last week and “were very pleased” with the progress, he said. Crews are in the third month of a 20-month construction schedule.

Previously: Safety, communication and a little rain for new Genesee County Jail project

GO Art! director spearheading effort to develop cultural plan for Western New York

By Mike Pettinella

The executive director of the Genesee-Orleans Regional Arts Council is seeking multiple county support to develop a comprehensive plan, of sorts, to expand arts and culture programming and tourism throughout Western New York.

Speaking at the Genesee County Legislature’s Human Services Committee meeting on Monday afternoon, Gregory Hallock pitched his proposal to apply for a National Endowment of the Arts grant that would partially fund the development of a “cultural plan” for nine WNY counties and possibly for the cities of Rochester and Buffalo.

He said foundations in Buffalo and Rochester are supporting the effort, with the goal of drafting plans for specific regions (including the GLOW region of Genesee, Livingston, Orleans and Wyoming counties) plus “an overall, arching plan that combines all of them.”

Hallock said he hasn’t determined the cost of this initiative yet, but is applying for $150,000 – with the NEA contributing $90,000 and the affected counties allocating the remaining $60,000.

“The Western New York Foundation and the Community Foundation for Greater Buffalo both said they would only do this if there was a buy-in from all the counties,” he said. “I want this because this is my ‘next step.’ We’ve built and done a lot of stuff, but now I need to get people coming to our area for arts and culture. So, this is a big thing.”

Erie County has committed $10,000, Hallock said, adding that he is hoping that Genesee County would provide the same amount as a “one-time contribution.”

Hallock said the grant application is due by the end of the week, with the time period for implementation starting next July and running through June 2024.

“It will be a year’s worth of working on this,” he said, advising the committee that the goal is to hire a program administrator at a salary of $50,000.

He asked the committee to submit “a letter of support” at this time. GO Art! and Orleans County are the lead agency and county, respectively, for the project.

County Legislature Chair Rochelle Stein informed the committee that County Manager Matt Landers is supporting the bid, while “not wanting to be the big dog in the fight,” and added that Wyoming County also will be signing a letter of support to apply for the grant.

Landers said the planning document is meant to show the area’s arts and culture strengths and weaknesses and where time, energy and resources should be dedicated.

“This is an opportunity for a study to be done,” Landers said. “The studies are not cheap and to get a grant to provide one is not only beneficial but essential.”

The committee agreed to issue a letter of support – moving the proposal up the line toward a vote by the full legislature.

City Council approves creation of full-time grant administrator position by 8-1 vote

By Mike Pettinella

The Batavia City Council on Monday night voted, 8-1, to hire a grant administrator, accepting City Manager Rachael Tabelski’s premise that the full-time, in-house position is essential and rejecting Council member Robert Bialkowski’s suggestion to explore grant writing/management services from an outside agency.

The position, which will report to the assistant city manager, has a salary range of $53,293 to $64,852, plus benefits.

Tabelski, reading from a memo to City Council, pointed to the city’s recent success in capital planning and receiving grants for strategic infrastructure projects – noting that city staff currently is managing more than $11.2 million in grant funds and has another $8.5 million in pending grant applications.

As a result, she is seeking a full-time grant administrator or compliance officer to manage the grant portfolio – a task that has, up until now, been handled by Tabelski and other department heads.

Her memo lists 14 new grants the city has received over the past four years in connection with key projects such as Ellicott Station, Jackson Square, City Centre, City Centre Feasibility, Richmond/Harvester street rehabilitation, Bank Street and Jackson Street water, water plant improvement, Brisbane Mansion reuse, Austin Park playground and fire truck purchase.

POSITION'S COMPENSATION TO BE SPLIT UP

Noting that the new grant administrator would be responsible for all aspects of grant management, including grant writing, Tabelski said the position would be funded through the water fund (60 percent), sewer fund (30 percent) and general fund (10 percent).

She said that expenditures in the general fund are anticipated to increase by $10,000 to fund this position.

During the discussion phase of this proposal – prior to the vote to send it to the Business Meeting (which immediately followed the Conference Meeting), Bialkowski moved to table the item as a result of his conversation with a representative of the Genesee/Finger Lakes Regional Planning Council.

He said he spoke to Executive Director Rich Sutherland about the possibility of the GFLRPC providing grant writing/management services to the city, and found out that the agency does this “at little or no cost to communities, and they’re writing it right into the grants.”

Bialkowski said that Sutherland was willing to make a presentation to City Council, adding that he learned that Genesee County “is going that route (using outside agencies).”

“Today, I had two phone calls from constituents, who are a little put out with me, because their property taxes are going up and they don’t see any growth or job opportunities in the community, but they do see taxes going up and they have some serious concerns in the directions were going,” Bialkowski said. “If there’s anything we can do to not hire someone, I’d be in favor of that.”

TABELSKI: OUTSIDE AGENCY NOT THE ANSWER

Tabelski immediately responded, stating that “even if we do allow Mr. Sutherland … even if we did allow the Finger Lakes Regional economic development council to administer the grants, all of the emails from the state agencies would still be coming to me and you – and we would have to get that information over to Mr. Sutherland and his team.”

“So, the workload wouldn’t decrease at all in our offices – and the financial tracking part of this is why we really need it because if we don’t have someone in-house, it would still fall on all of us to get the cancelled checks and everything we need to submit for a grant.”

The city manager added that she “respects” Bialkowski’s investigation but didn’t “feel that would be an adequate way to go and I would not support that.”

Tabelski said the grant administrator would take a “massive amount of paperwork off our top staff so we can get back to high-level planning for our infrastructure and strategic planning in the organization.”

At that point, Council member Paul Viele said he agreed with Tabelski, before Council President Eugene Jankowski Jr. admonished Bialkowski for going behind the city manager’s back by “calling other agencies and trying to work out a deal after reading our agenda.”

Jankowski also said he didn’t want to possibly give outside agencies “privileged information” and felt that enlisting an outside agency would result in a “duplication” of services.

CANALE: IT WILL BE COST-EFFECTIVE

Council member John Canale said he wasn’t a big proponent of adding another position but in this case, the new job “opens up a whole another world to us.”

“There’s a lot of grant money out there available as we’re finding out as a city,” he said. “… so, it’s extremely important that we utilize every grant dollar that’s available to us, whether it be statewide or federal-wide.”

Canale said he believes the cost of the position at that salary range would pay for itself.

“So, in the long run, let’s not trip over dollars to get to nickels,” he added.

Council member Rich Richmond concurred, adding that the city is capable of “doing it on our own – having full and direct control and not waiting for an answer … and doing it better than the Finger Lakes region.”

Council member Tammy Schmidt asked Tabelski if the new hire would write grant applications along with managing the grants that come in.

“There will be a writing grant component but first off, I see learning the management of all the grants that we have in the portfolio right now, and being fully responsible because there are different types of audits that go on as grants close out,” Tabelski replied.

Schmidt then said the position would cost closer to $100,000 when considering the fringe benefits.

SCHMIDT: MONEY HAS TO COME FROM SOMEWHERE

Tabelski then pointed out that the city’s workers’ compensation and health insurance are separate funds, prompting Schmidt to say “it’s still money, it has to come from somewhere.”

The city manager explained that “the more money we can bring in to do these pipeline projects – to do Bank Street … is going to save money on our police building because there are things that we needed to do and it’s coming from water and sewer fund, and we’re able to raise the rate if need be.”

“The hope is that we continue to have good years and we continue to invest. But every dime we bring in for infrastructure projects is another reason not to raise rates in those funds as well on our citizens.”

The proposal then was moved to the Business Meeting where all except Bialkowski voted in favor of creating the position.

Following the meeting, Bialkowski said that he “was taken aback” by Jankowski calling him out.

“Where does it say that I have to ask the city manager for approval for doing outside homework and getting information,” he said. “The chain of command is that the city manager works for Council and that we represent the people.”

Vandal draws anti-ReAwaken America Tour graffiti on City Centre

By Alecia Kaus

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Police were called to Batavia City Centre on Monday evening after City Council wrapped up their Conference and Business meetings at about 8:45 p.m.

According to police, about a dozen or more chalk drawings were discovered on doors, brick columns, and sidewalks. City Manager Rachael Tabelski along with Public Works Director Brett Franks were on scene with police checking out the whole exterior of the building.

Police are investigating the incident and will be checking cameras in the area the front of the building. Police say the person responsible will face a charge of criminal tampering, a class B misdemeanor. The City of Batavia will keep track of the cost of the cleanup and submit an amount to the police.

The chalk drawings make reference to the ReAwaken America Tour (RAT) and rejecting hate and fascism.

Photos by Alecia Kaus/Video News Service

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Hens: Weekend's heat, humidity 'stressed' water system

By Mike Pettinella

This past weekend’s high temperatures and humidity created some high anxiety for Genesee County Highway Superintendent Tim Hens, the person in charge of overseeing the municipality’s water supply.

“It was a stressful weekend,” Hens said, reporting to the County Legislature’s Public Service Committee on Monday afternoon.

Hens said the county water was being produced “100 percent off wells” over the weekend, adding that Well C in the City of Batavia was active and “came in very handy.”

This summer’s dry conditions have resulted in the groundwater dropping five to six inches a week, he said, slowing down the production of Well A. Furthermore, the city had to stop using creek water on Saturday afternoon because of the increased turbidity (mud) levels.

“Between (Wells) A, B and C, we were producing about 2.5 million gallons, which is 2 million short of the demand of the city plant that day,” he noted, adding the system relied on the tanks for most of the day Saturday.

The situation was a bit brighter on Monday morning, he said, as the system was “pushing out about 3.7 million gallons” – with the city able to access creek water once again.

Looking ahead, he said the heat and humidity are expected to subside and he hopes things return to normal.

In a related development, the PSC approved Hens’ request to apply for a Water Infrastructure Investment Act grant to assist with project cost escalation related to the completion of the Genesee County Phase 2 water supply upgrades.

Hens said the WIIA program provides up to 60 percent of the capital project costs up to $5 million.

The total anticipated costs related to the remaining Phase 2 water supply upgrades are estimated at $1.6 million. The WIIA grant, if successful, would fund up to 60 percent of these additional project costs. 

City resident calls Council members 'fascists' for not speaking out against ReAwaken America Tour

By Mike Pettinella

“Are you a white supremacist? Do you support fascism?”

Ross Street resident Danielle Clark, while protesting against the ReAwaken America Tour event scheduled for Cornerstone Church on Bank Street Road, directed those questions to Batavia City Council members at the outset of their Conference Meeting on Monday night.

Stating that she is “horrified” by the response of public officials in Genesee County regarding the tour, Clark said City Council should not be able to stand behind “plausible deniability” since the event isn’t taking place within the city limits.

“I’m here tonight to tell you and to tell the people of the city of Batavia, that that’s not true,” she said, before asking how much the city would be paying toward the deployment of the Emergency Response Team for the tour.

She said she spoke with a city police officer, who confirmed the ERT has been asked to deploy. She said she was not told the cost for security reasons.

“Therefore, leaving me not able to tell you exactly how much it will cost the taxpayers of the city of Batavia. But there will be a cost,” she said, adding that she was told the Batavia Police Department “shoulders approximately 60 percent of the cost of the ERT deployment.”

Clark said city leaders have an obligation to speak out against the RAT.

“I don’t delude myself with the idea that you guys, or any government agency, has the authority or the power to prevent events that are being held in a prime location,” she continued. “However, I do believe, and I am here to hold you to account for this belief, that as public servants it is your duty to clearly, vocally, loudly, express your opposition for an event like this coming to our community.

“It is your duty as public servants to let organizations like this know that this city does not stand for hate. The city does not stand for lawlessness. And we won't abide it.”

At that point she posed the “white supremacist” question to Council members and city employees in attendance, prompting Council President Eugene Jankowski Jr. to tell her to direct her questions to the chair.

Clark then said, “Mr. Chair then, I would like you to ask the employees if they are white supremacists. Do you support fascism? The people of this city deserve to have answers to those very straightforward questions.”

She then said she would be “listening closely” to Council members’ response to her comments after the public comment period.

“In the days ahead, I will be listening carefully for the Council members — our Council as a whole — to publicly speak against this event coming to our area,” she said. “We await a statement expressing that you have heard our very valid concerns and to tell those attending the tour that though they have found a way around the law by holding their event inside a church, (that) outside the church, the law still stands and will be enforced.”

Later in the meeting, when no one on Council addressed her concerns, Clark darted off, blurting, “Each and every one of you, showed your true colors. You are fascists and you are on the wrong side of history.”

Then, as she walked out of the room, she used a four-letter word against the City of Batavia.

Burke Drive residents say they're fed up with woman's farm animals; Council sets public hearing for Sept. 12

By Mike Pettinella

With despair in their voices, residents of three homes on Burke Drive tonight implored the Batavia City Council to do something to end the chaos being caused by several farm animals – along with five dogs and 20 cats – being kept by a neighbor woman who they claim has been abusive and unwilling to listen to their concerns.

Teresa Potrzebowski, John and Melissa Ladd, and Shannon Maute presented a united front during the public comments portion of Council’s Conference Meeting at the City Hall Council Board Room – each one of them speaking of the deplorable conditions stemming from the Jill Turner residence.

The governing body, according to Council President Eugene Jankowski Jr., has been dealing with this situation for 18 months. After hearing from the Burke Drive residents and sharing their opinions on the matter, Council members voted, 8-1, to hold a public hearing on Sept. 12 to consider a revision to the City Code titled “Restrictions on Animals and Fowl.”

Potrzebowski said she had to put up a 6-foot vinyl fence “just to preserve my sanity” due to the horrendous smell and the constant noise from the ducks, goats and chickens. Maute said she counted six goats, four chickens and two ducks that are kept in a 5-foot by 7-foot shed when they’re not “running wild” or inside the house with Turner and her daughter.

Both women said they have been subjected to verbal abuse, including profanity, when they have tried to speak with Turner about the animals.

“What kind of parent encourages her 11-year-old daughter to swear at everyone, giving them the middle finger and chanting (expletives)?” Maute asked. “Then dumps chicken feed all over the side and front lawn as she looks at us smiling and saying, “Here, chickens?”

Maute said that Potrzebowski has been tormented to the extent that she won’t come out of her house when Turner is home because Turner and her daughter continually harass her.

John Ladd said he lives next door to Turner, who has been “nothing but trouble and violent” for quite some time. He said she claims the animals are for therapy but that Turner spends no time with them, other than to change the water once in a while.

“I live in the city; I don’t live in the country,” he said. “I never thought I would have to deal with this – living in the city. And grandfathering her in won’t solve anything.”

Melissa Ladd said she was concerned for the welfare of the animals, noting that they are outside for hours with little or no access to water.

The “grandfathering” term used by John Ladd is in reference to proposed revisions in the City Code, as presented by the City Planning & Development Committee, that include a provision to allow property owners that have registered individual animals and/or fowl (farm animals) prior to the effective date of the amendment to keep the identified animal(s).

City Manager Rachael Tabelski asked City Council to strike that stipulation from the code revision since she doesn’t have the staff or resources to create an animal registry and to tag and track pre-existing animals.

She did say she agreed with another PDC recommendation to limit the number of hen chickens to six as long as they are penned appropriately, do not accumulate feces, cause odor or an unsightly or unsafe condition.

The gist of the “Restriction on Animals and Fowl” ordinance is that no person shall own, bring into, possess, keep, harbor or fee farm animals, cloven hoofed animals, equine or fowl, including, but not limited to, cattle, horses, sheep, goats, pigs, swine, llamas, alpacas, ducks, turkey, geese, feral cats, ponies, donkeys, mules or any other farm or wild animal within the city limits.

Council members who addressed the public speakers said they sympathized with their plight, with Paul Viele and Kathleen Briggs taking a stand against allowing any farm animals in the city.

“There shouldn’t be any chickens,” Viele said. “If you want eggs, go to the store and buy eggs.”

“This is a city ... we shouldn’t have farm animals in the city,” Briggs said. “We should write a law. You break the law, there’s consequences.”

Robert Bialkowski voted against moving the matter to a public hearing because he said it violates federal and state law pertaining to the right of handicapped citizens to have a small horse or dog for therapeutic reasons.

He said that one problem homeowner shouldn’t infringe on others.

“Let just deal with the problem,” he advised.

Bialkowski urged the residents to contact the county health department, police, fire department, dog warden and the ASPCA for assistance, mentioning that the animals would be confiscated if they’re being mistreated.

Jankowski said the city manager has spoken to animal control and “that’s where we found the missing part of our code."

“We’re unable to regulate change at this point,” Tabelski added, hopeful that next month’s public hearing bears some meaningful fruit.

Previously: Got farm animals in the city? A mandatory registry may be for you

Ground shifts under Pembroke family home, forced to evacuate with help of volunteer firefighters

By Howard B. Owens

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When a volunteer firefighter realized today that his home on Scribner Road in Pembroke was potentially falling into a sinkhole, he did what volunteer firefighters do -- he called one of his brothers.

In this case, Gene Nati called Alan Piasecki, assistant chief in Crittenden.  

Piasecki showed up with a covered trailer and 30 firefighters to help the Nati family move all of their important belongings out of their house, which is only 10 years old.

Genesee County Emergency Management wanted the Natis to clear out within an hour once they assessed the situation.

Officials told Nati that they don't expect the house to still be standing by Monday morning.

Piasecki said the ground under the house appears to be collapsing fast.

"It's not real loud, but you can actually feel it in the ground and you can hear it, and if you get close enough to the house, you can actually hear it starting to crack," Piasecki said.

According to Piasecki, Nati first noticed a crack in the driveway at 6:30 a.m. He went to get some repair work done on his car and while he was out, his daughter called and said her window wouldn't close. He came home and found a crack in the foundation.

Residents in the area said they have heard blasting for the past eight days.

Nati said county officials suggested to him that the quarry may have drained the water table.

Nati is waiting for county engineers to let him know what is next. He said University at Buffalo geologists are going to respond to the location and extract core samples to determine whether it's a sinkhole.

The crack, he said, is getting worse and extends across Scribner Road and into the woods on the other side of the street.

Meanwhile, Nati and his family are staying with another family member just down the road.

Nati said he was grateful for the assistance of the Town of Pembroke supervisor, Tom Schneider, Highway Superintendent Scott Turner, the Pembroke fire chief, Jamie Waff, the code enforcement officer, James Wolbert, and the Sheriff's Office, and all the members of Crittenden Fire Department.

Piasecki isn't sure what they're going to do longer term.

"It's very unfortunate," Piasecki said. "I mean, he's got no place to go. I feel sorry for him. Where do you go from here? He has no clue and he's getting no help from his insurance. You would think that there would be some kind of emergency insurance service for him. It'll be okay. He's got a good family. And I think that he'll be okay. And then come Monday morning, hopefully, things will go better."

Photos by Alecia Kaus/Video News Service. Alecia Kaus contributed to this story.

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August is chock full of happenings in Batavia

By Joanne Beck

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Fall may be coming, but not before a plethora of events take place later this month.

Event applications are on City Council’s conference meeting agenda next week. It’s set for 7 p.m. Monday in Council Chambers, City Hall.

Take your pick: an Italian Fest, a bike rally, a rummage sale, an awareness event, a chicken barbecue, and backpack giveaway, or a block party (for neighbors in the block).

EverPresent Church has planned a rummage sale from 9 a.m. to 3 p.m. on Aug. 20 in the parking lot outside of its Batavia City Centre property. Look for the pop-up tents. A private neighborhood block party has also been set for noon to 3 p.m. on Aug. 20 on Fordham Drive.

Also on Aug. 20, across the street from the Centre, the vibe is to get European — specifically Italian — with a festival from 1 to 9 p.m. Music, food, games and crafts will be offered on Jackson, Center and School streets. Hosted by Batavia Business Improvement District, the event, it has been said, will bring a little bit of Italy to Downtown Batavia.

After all of those pizza slices and cannolis, you might want to check out the bike rally fundraiser for Batavia Notre Dame’s United youth hockey team. Bikers will take off for the 10K course at Batavia High School parking lot at 5 p.m. Aug. 21.

This is a first-time event to raise money and offset costs of travel and uniforms, Varsity Hockey Coach Marc Staley said. He would also like to donate some of the proceeds to the Genesee Amateur Hockey Association, he said.

“Last year we did a meat raffle, and it was successful. But, we're trying to think this year about things that we could do to involve more of the youth hockey players, and involve the community and have sort of a healthy thing,” Staley said to The Batavian Friday. “And so it's not a race or anything like that. We’re gonna ride together. I think we have over 50 people, and we’re hoping to get to 100.”

There will be a limited number of T-shirts, and anyone who registers by Tuesday is guaranteed one, he said. Organizers will take registrations right up to event day. The cost is $25 for kids and $40 for adults. The course is in the northeastern quadrant of the city, he said, similar to where local 5K races are.

“Then we're going to have a few fun things at the end of the rally, a little cookout, and we're going to raffle off a few things,” Staley said. “But really what it is, it's a bike ride. It's a bike ride for hockey players and for people in the community who support the program and want to do something healthy, and have fun and ride with the kids.”

This rally will also hopefully give United a little exposure, he said, while raising money for team uniforms and travel expenses, such a bus upgrade when the team goes to Albany for a couple of games with Albany Academy and Bethlehem.

During summer work-outs, Staley noticed a large number of kids in seventh and eighth grade joining in with the jayvee and Varsity players. He would like to organize a modified team with those younger players, which would happen in March after the other games have finished.

The bike rally is just another physical event to get people outside, he said, and early Sunday evening seemed like a good time when there might be less traffic and it still allows people to partake of other Sunday activities beforehand.

Click here for an application. Note that the deadline states Sunday; however, Staley said that it's by Tuesday for a guaranteed T-shirt.

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Genesee-Orleans Council on Alcohol and Substance Abuse will be hosting an Overdose Awareness Day from 4 to 7 p.m. on Aug. 24 at Austin Park, Batavia. There are to be speakers, resource tables, and the band Groove, with danceable rock, in the pavilion. Although this event is geared toward substance abuse and overdose awareness, everyone is welcome to attend, GCASA staffer Sue Gagne said.

The event's debut was in 2019, and then it didn't return for two years due to the pandemic, Gagne said. Organizers are excited to bring it back as an educational tool and for some fun with the local band that includes Neil and Joe Gagne and Peter Gomez.

Also visiting Austin Park from 1 to 8 p.m. on Aug. 27, Just Kings will be hosting a backpack giveaway and chicken barbecue fundraiser.

Other event applications for the fall include Ascension Parish with an Oktoberfest fundraiser on October 1, and All Babies Cherished with a vendor fair on October 22.

File photos of a Just Kings chicken barbecue and GCASA's Overdose Awareness Day.

Downtown businesses plan for expansion on Main Street

By Joanne Beck

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2018 File Photo: Eli Fish Brewing Company shows a definite sign during its initial phase of development, and now owners are planning a two-level back patio adjacent to Jackson Square. Photo by Howard Owens.

Recession? What recession?

Despite global doomsday predictions to go along with inflationary prices, there appear to be signs of definite life in downtown Batavia. Three Main Street businesses have each applied for a $20,000 grant for planned site expansions.

City Council is expected to discuss the applications during its conference meeting at 7 p.m. Monday in Council Chambers, City Hall.

Matt Gray, as AGRV Properties, Inc., is looking backward for his project — a patio adjacent to Jackson Square. With an investment of $140,000, the additional grant would support the cost of building an outdoor patio for Eli Fish Brewing Company at 109 Main St. Aid from grant funding will allow the applicant to replace the rear, exterior stairs and doors and assist in the cost of adding a large two-level patio attached to the rear of the building, according to the application to Batavia Development Corporation.

BDC’s board approved the request, according to a memo from Director Tammy Hathaway, and has forwarded it to council for final approval. The money is from BDC’s Revolving Loan Fund, which has a total of $120,097, Hathaway said. Specifically, the City of Batavia Revolving Loan Fund Grant Policy seeks to have private building owners make lasting building, public and/or façade improvements within the City.

Down the street are two more projects to be reviewed by council. Applicant Peter Casey, as 73 on rotary, LLC, has asked for $20,000 grants each, for 73 Main St., and an adjacent site at 79-81 Main St.

That block of the building apparently has some growing pains as well, with upgrades for YNGodess — by increasing usable space in the shop, and updating a breakroom and bathroom facility. An investment of $80,000 would be augmented with the grant money for the upgrades. The BDC Board approved the request and it now rests with the council for final approval.

Casey’s other project is to renovate the former Alberty’s Drug Store property at 79-81 and move the law office of DelPlato Casey into that space. Capital investment for this project is pegged at $820,000. Work includes handicap access to the firm's office and provides more room for the growing legal practice, according to the application.

Growth is expected immediately, with the addition of one staff member and the potential for two more hired soon afterward.

Council is also expected to discuss funding for the purchase of a new fire engine. A final funding pack includes a 20-year loan for $665,000 at 2.5 percent, and a $100,000 U.S. Department of Agriculture Rural Development grant, with an upfront contribution of $36,681 from the city’s fire reserves.

This fire engine is to replace Engine 12, which, at 20 years old, is showing signs of “extreme corrosion,” City Manager Rachael Tabelski said in a memo to council. The new vehicle would include a custom cab with seating for six fire personnel, a 1,500 per minute fire pump with foam capacity, a 750-gallon water tank, latest safety features, and full LED emergency and scene lights for maximum safety for personnel, and she recommends the purchase.

Farm animal registry might be too time-consuming for city officials

By Joanne Beck

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A suggestion from City Planning and Development Committee members may have seemed like a good idea for better controlling farm animals, but it’s on a proposed chopping block for City Council’s Monday meeting.

The planning committee was tasked last month to review city code for the keeping of farm animals within city property and make some recommendations for how to deal with specific issues on a city-wide scale.

Neighbor complaints about goats running loose on Burke Drive were, in large part, what drove council to take another look at the animal ordinance. The group wanted the planning committee also to review it since committee members -- including Code Enforcement Officer Doug Randall -- were more versed with city code details.

The committee recommended a limit of six chickens on any one property, and implementing a system — to create a paper trail and more tracking — to document what types of animal species, how many, and where they are located, for city residents.

It seemed like a good idea, and one that would let city officials know who had what at their properties, committee members had agreed.

However, after reviewing the recommendations with city staff and the attorney, “we respectfully disagree with the addition of section E,” City Manager Rachael Tabelski said in a memo to council.

“The intent of the new law was to restrict animal and fowl in the city and provide code enforcement clear and concise guidelines for citing violations,” Tabelski said. “The city does not have the staff or resources to create an animal registry, to tag, and track pre-existing animals. Therefore, and with respect to the PDC’s deliberation, I recommend that the City Council strike section E from the proposed code revision.”

If approved by council, the code revisions will revert back to City Council for consideration and to set a public heading to receive public feedback before considering a local law adoption.

That public hearing is to be set for 7 p.m. Sept. 12. Council's conference session is at 7 p.m. Monday in Council Chambers, City Hall.

File photo of Jill Turner of Batavia with some of her goats at a summer event. Neighbors have complained about the goats getting loose, and the smell of goats and chickens, prompting a City Council review of a farm animal ordinance in the city code. Photo by Joanne Beck.

Foreclosures are no foregone conclusion for City Centre, officials say

By Joanne Beck

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It might be difficult to be a fan of Batavia City Centre, which has struggled with an image problem, about a third of it being unoccupied and with vacant properties and foreclosures that are costing city taxpayers $45,000 a year in mall user fees.

The city pays those user fees to the City Centre Fund, not counting City Hall, which is assessed at $1.45 million and costs $23,000 a year in user fees.

The foreclosed properties and their assessed values are:

  • Parcel 2 - $16,970
  • Parcel 11, formerly Valle’s Jewelers - $124,000
  • Parcels 35 and 39, formerly Advanced Imaging - $139,300 and $6,970
  • Parcels 17-20, formerly Gentleman Jim’s, Palace of Sweets, The Hiding Place - $55,300

Batavia Players has a lease deal with the city to rent out parcels 2, 35 and 39 for a total of $45,768, City Manager Rachael Tabelski said.

That total assessed value of $342,540 has a zero property tax while in foreclosure.

Parcel 2, formerly Sunny’s restaurant, has been served a petition and notice of foreclosure, Tabelski said. The total assessed value will then be $440,543.

Mall merchants Bob Chiarmonte and Craig Jackson recently said they believed the city wasn’t working to fill those vacant spots and wished that more would be done to get new businesses in there. The Batavian reached out to Tabelski and Batavia Development Corporation Director Tammy Hathaway to find out what they were doing to market the vacancies.

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Speaking on behalf of both of them, Tabelski said the vacant properties are shown to prospective buyers by Public Works Department staff and Hathaway. She did not mention any form of action being taken to market the sites.

“The city supports putting these parcels into productive use, and they may become more attractive to businesses as improvements are made in City Centre, including the roof, silos, and lighting,” Tabelski said.

Chiarmonte and Jackson hope that’s true. An entire roof replacement has been completed over the concourse, and the silos (entryways) are in the design phase to improve the look and practicality of the vertical tunnels at each entrance.

“I think upgrading the interior would make a difference; it’s more important than the exterior,” Chiarmonte said.

Case in point: the entryway next to the former Sunny’s. Just look up, and it becomes obvious how much wear and tear the structures have taken with rain and melting snow. Jackson pointed out that, when installed, the silo roof was tucked in lower within the structure, which doesn’t seem to allow an easy escape for water. Stains are easily visible and run down the length of the silo from the roof.

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Other improvements, more cosmetic in nature, are to include painting the walls and floors. Ceiling tiles — which were black and haphazardly missing throughout the concourse — have begun to be taken down for a modern, industrial appearance.  

There are 34 business-related sites, according to a listed address within the concourse. A total assessed value, excluding foreclosed and other city properties, and a nonprofit organization, is more than $2.2 million. That’s more than $2 million worth of property taxes going into city revenues.

It seems a given that the mall-turned-City Centre’s reputation needs a major overhaul after all of these years of legal turmoil and struggle to retain newer businesses. But then some retailers have made a go of it over the long haul — Jackson and business partner Loretta DelPriore have thrived with Batavia Stagecoach Florist for more than two decades, Chiarmonte’s Classic Optical has been there 38 years, and Erika Siverling’s LeBeau Salon for more than 10 years, plus medical and dental providers with long-term track records.

City officials have shared plans to expand the scope and improve the appearance of the Centre, and tearing it down has been ruled out. That leaves a hint of promise that the bemoaned downtown landmark might just get a revival, and all involved hope that cynics might just become fans.   

Top photo: Some of the properties in foreclosure at Batavia City Centre, photo from City of Batavia; City Manager Rachael Tabelsk, photo by Howard Owens; and a silo at the Centre, photo by Joanne Beck.

Summer's here: flowers, sunshine, and construction

By Joanne Beck

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Signs of summer are everywhere: lots of flowers, hot temperatures, outdoor enthusiasts, and plenty of construction.

Work along Richmond Avenue, from Oak to State streets, is progressing, said Brett Frank, director of Public Works. Due to construction work, the area had an emergency 12-inch water main repair that began last month between Oak and Buxton. The water portion of the project “has been wrapped up,” Frank said.

“Zoladz Construction is now working on necessary sidewalk replacement, and will be working on the milling and paving of Richmond as well,” he said Thursday. “Right now there are no traffic concerns or reminders that need to take place.”

Earlier this week, that wasn’t the case, as flagmen were on site to control a one-way lane on the street. Piles of dirt have been toppled onto residents’ front lawns, which seems the price for improved infrastructure.

Work continues despite the heat and humidity, which DPW staff have countered with “lots of water and Gatorade!” Frank said.

City Council approved the project bid of $2,658,297.17 from Zoladz Construction of Alden in May. Scope of work includes a portion of Harvester Avenue from state Routes 5 and 33 to state Route 63. It will be paid for with 80 percent federal funds and 20 percent non-federal.

Another ongoing city construction is also happening at the south side’s Ellicott Station on Ellicott Street, in the heart of downtown with the new Healthy Living campus between Wiard and Bank streets, along Park Road, and a new Rochester Regional Health medical facility on Route 98 in the Town of Batavia.

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Photos: Work along Richmond Avenue in Batavia this week has meant slowed one-lane traffic, hot days in the sun for workers a repaired water main and the beginning of improved sidewalks and the road. Photos by Howard Owens.

Health Department seeking dog after bite in Batavia

By Press Release

Press Release

The Genesee County Health Department is seeking information about the location of a dog and its owner(s)following a dog bite incident on Tuesday, August 2, at 9:00a.m. The incident occurred on Jerome Place near East Main Street in the city of Batavia. 

The dog approached a person on Jerome Place and bit the individuals arm. After the incident, the dog ran across Main Street in the westerly direction and was almost struck by a car. 

The dog was described as a solid, dark gray dog with a bright blue collar. The dog resembled a pit bull or bulldog. 

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.    

If you have information about the location of the dogs and its owner(s), please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

Mall merchants have their say: the buckets are gone and City Centre is improving

By Joanne Beck

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Editor's note: This is a continuation of a series about what's happening in the city of Batavia

A recent photo published with a mall-related story caught the attention of a couple of merchants.

It prominently featured a decorated bucket on the floor, and was a file photo from some time ago. Business owners Bob Chiarmonte, the unofficial president of the Mall Merchants Association, and Craig Jackson, co-owner of Batavia Stagecoach Florist, wanted to set the record straight that improvements are being made to Batavia City Centre.

“I think the city has put a lot of money into downtown revitalization, and the mall is right in the center of it. So to ignore it doesn't make sense to me, because it's right in the center of downtown. So I think they're making the right decision to try and improve the building,“ said Chiarmonte, who owns Classic Optical. “Personally, what I'd like to see is, there are properties that the city owns, and I'd like to see them sell the properties and get taxpayers and businesses back in here. The city owns a bunch of these properties that are vacant, and they're not doing anything.”

Several former businesses ended up in foreclosure and the sites ended up in the possession of the city. According to online assessment data, those sites include parcels 2, 11, formerly Valle’s, 17-20, formerly Gentleman Jim’s, Palace of Sweets and The Hiding Place, and 35 and 39, formerly Advanced Imaging. Other vacant spots, not owned by the city according to assessment data, are the former Sunny's restaurant, Escapeology, Miracle Ear, and JC Penney. (The Batavian reached out to city officials for comments late Wednesday afternoon, and will publish an update later this week.)

Aside from those empty parcels, Chiarmonte and Jackson were pleased with the new roof that’s been installed throughout the concourse area. The place no longer leaks, they agreed, and there hasn’t been a bucket to be seen in months. The city has expressed interest in renting out that space for events, and that’s something that both business owners would like to see.

They credited building maintenance manager Tom Phelps for doing “an excellent” job with making sure the concourse is clean, repaired as necessary, shoveled outside and seasonally decorated. Phelps even brought in some decorations for the place to be extra festive. This will be his fourth year putting up a Christmas tree, he said.

Phelps and two other city employees work in the Centre as part of a legal settlement between the merchants and municipality. That has been a plus, Jackson and Chiarmonte said, and Phelps is currently in the process of removing all of those ceiling tiles for a different look.

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Current concourse ceiling

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Concourse ceiling with tiles beginning to be removed

Chiarmonte believes there may be another option for mall management in the future.

“I think the city might be interested in getting one entity to come in and take over the facility. And I can't blame them for that, because I know that the city doesn't want to own them all. We've talked about it. And, personally, I think it would be an easier sell if the spaces were full. I don’t think they’re marketing it at all.”

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There didn’t appear to be any type of visual signage promoting those properties for sale. Each one sat there empty and quiet, with windows either boarded or papered, or otherwise obviously unoccupied. Jackson remembers when they had the draw of those stores, including J.C. Penney, with its name still on the wall over the interior doors.

Despite the lack of regular traffic, both businesses had customers in the hour or so The Batavian was there in the afternoon. And both said they have been doing well and would not have made a different choice if they could go back in time. Chiarmonte, and Jackson and his partner, Loretta DelPriore, own their properties outright, which means no rent to worry about. They each took advantage of what they felt were good deals — and cheaper than other space downtown or elsewhere in Batavia, they said.

COVID’s arrival hurt businesses in general, and mall merchants were no exception. Chiarmonte saw decreased business, and said there wasn’t a compromise to offer, as his optical shop is a hands-on enterprise. Jackson said revenues remained strong for his combination florist-tuxedo-collectibles shop. When COVID hit, the partners depended on delivery service and wire and online ordering through their website.

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He also referred to another bonus, a craft fair hosted by a local nonprofit in the concourse. With some 90 vendors,  the place was busy and a lot of people milled about, stopping into the shop, Jackson said.

“This place is available for events, and you don’t have water dripping on you,” Jackson said. “I think they should push kiosks, they used to have those, and people could try it out and work toward renting (a property).”

They’re both for anything that can draw people to City Centre, including special events on the concourse, the Healthy Living project that’s now underway for a 2023 completion, more merchants and, ideally for Chiarmonte, another department store to replace Penney’s.

The Association has dwindled to about two or three active members, including Chiarmonte and Jackson’s business partner Loretta DelPriore.

“We keep a handle on things,” Chiarmonte said. “I’ve been here 38 years, and I’ve had success. I think any business, any business that comes into the facility is going to help … and is going to create traffic. So the more foot traffic, there is more business. It just kind of goes to (common sense). I think (Penney’s) was a huge help for me because of the location, and I guess COVID put the nail in their coffin, unfortunately. That was a good store.”

The new owner, a developer in California, has a Rochester realtor who in the past has said he was working to show and sell the property. Potential concepts have included an event center and boutique-style hotel. Chiarmonte is on board with a mixed-use place, as long as those parcels are filled, he said.

He and Jackson agree with the city’s plan to pursue new designs for the four entryways to the Centre. That plan is in the design phase, city officials said. Other work is to include painting the floor and walls, and the tiles  — initially to be cleaned up and improved — are being taken down to expose the natural underpinnings of steel and wires. Some downtown apartments have been constructed in a similar industrial style.

Jackson wants the floor to be addressed soon, as he thinks the mismatched tile colors don’t do anything positive for the concourse appearance.

“To kind of bring this back to life,” he said. “This is a lot of open property right in the center of town.”

It may seem daunting to not only buy property there but also tack on property taxes and business improvement district and mall user fees to the total. However, they both said it was still less expensive than other city property.

“I don't know about rent, but I would guess that rent is reasonable because the cost of property is pretty reasonable, so if somebody's looking to start a business or open a business, this would be great, because you're in the middle of downtown and it's an expensive place to attain property,” Chiarmonte said.

To those people that have spouted off about tearing down the mall, it’s just not that easy, he said. He said the city would have to buy out each individual property owner and pay fair market value.

And to those that say the mall is dead?

“I wouldn’t say it’s dead,” Chiarmonte said. “But I would say it’s sleeping.”

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For prior coverage about City Centre’s ongoing transition, see article "Moving forward?" and "Making the best ..."

Top photo: Craig Jackson, co-owner of Batavia Stagecoach Florist at 26 Batavia City Centre; the mall concourse ceiling, both currently and as it begins to shed its tiles; Bob Chiarmonte of Classic Optical at 44 Batavia City Centre, and a section of concourse. Photos by Joanne Beck.

Law and Order: Batavia man accused of sex abuse of child in 2018

By Howard B. Owens
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Ronald Washburn

Ronald M. Washburn, 62, of Vine Street, Batavia, is charged with sexual abuse 1st/child less than 11 years old. Washburn is accused of touching a child's sexual or intimate parts to gratify his sexual desire. According to police, Washburn was the child's babysitter at the time of the incident, which was reported on April 17, 2018. Washburn was a registered Level 1 sex offender, according to police, at the time of the alleged offense but his registration has since expired.  The investigation has been ongoing since 2018 by Det. Thad Mart, Child Protective Services, and Justice for Children. Washburn was jailed on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Kevin Weber and Christine Wyder, no ages nor residences provided by police, are charged with public lewdness. Weber and Wyder are accused of engaging in sexual intercourse in the front yard of a residence on Walnut Street at 6:39 p.m. July 23. Both were issued appearance tickets.

Linda L. Snyder, 39, of Batavia, abandonment of an animal and torturing or injuring an animal. Snyder is accused of striking a dog with a broom multiple times and leaving the animal outside at 3:30 a.m. March 11, at a residence on Highland Park.  Snyder was issued an appearance ticket.

John J. Saddler, 34, of Batavia, is charged with petit larceny, criminal contempt 1st, burglary 2nd, identity theft 3rd, and grand larceny 4th. Saddler is accused of stealing property from a residence on State Street at 2:33 p.m. July 10, and in the process violating an order of protection.  He was arraigned in City Court and jailed without bail.

Taiya J. Rolle, 18, of Batavia, is charged with attempted assault 2nd, reckless endangerment 2nd, and leaving the scene of a personal injury accident. Rolle was charged following an incident reported on Liberty Street, Batavia at noon July 4.  He was arraigned in City Court and released on his own recognizance.

Adriana M. Ayala, 18 of Batavia, is charged with assault 3rd and criminal mischief. Ayala is accused of hitting another person in the face during a fight at a gas station on East Main Street at 8:58 p.m. on July 22. She was issued an appearance ticket.

Jacob J. Camerera, 31, of Batavia, is charged with criminal possession of stolen property 4th, unlawful possession of personal ID 3rd, and petit larceny. Camerera is accused of stealing and attempting to use another person's credit cards on June 4. He was issued an appearance ticket.

Ashley I. Hightower, 29, of Batavia is charged with unlawful fleeing a police officer in motor vehicle 3rd, failure to stop at a stop sign, illegal signal/less than 100 feet, speeding, and failure to obey traffic control device. Hightower is accused of multiple traffic infractions and when police attempted a traffic stop at 9:20 a.m. July 16, Hightower allegedly accelerated and refused to pull over.  She is accused of fleeing from police from West Main Street, Batavia, to East Main Street, Batavia, before pulling over at Eastown Plaza. She was taken into custody and issued multiple traffic tickets and an appearance.

Brandon C. Dodd, 35, of Batavia, is charged with criminal possession of a controlled substance 7th, DWAI/drugs and insufficient tail lamps. Dodd was stopped at 10:41 p.m. April 26, by a Batavia patrol officer on East Main Street, Batavia. Dodd was arrested on July 14 and issued an appearance ticket.

Nathan W. Campbell, 41 of Batavia, is charged with petit larceny. Campbell is accused of stealing beer from a business on Jackson Street at 4:17 p.m. July 24. He was released on an appearance ticket.

Megan A. Gregg, 28, of Batavia, is accused of failure to appear on an appearance ticket issued at 4:27 p.m., May 13 on Ellsworth Avenue. Gregg was arrested on a warrant. Gregg is accused of leaving drugs and paraphernalia in an area accessible to young children.  She was arraigned in City Court and released under supervision.

Christian P. Pierre-Louis, 24, of Batavia, is charged with dog running at large. A dog reportedly owned by Pierre-Louis went onto another person's property and became aggressive with another dog.  Pierre-Louis was issued an appearance ticket.

Sidney C. Underhill, 72, of Elba, is charged with two counts of criminal contempt 2nd, stalking 3rd, and trespassing. Underhill is accused of violating a stay-away protection order at 9 p.m., July 17, at a location on Vernon Avenue, Batavia, and on June 25 at 11:30 a.m., and of being on a property on Vernon Avenue without permission on Aug. 6 at 11 p.m. Underhill was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Mattew R. Taylor, 39, of Batavia, is charged with trespass.  Taylor is accused of being on a business party on East Main Street, Batavia, he was told not to enter at 8:50 p.m. July 24.  Taylor was arraigned in City Court and ordered held on $100 bail.

Mattew R. Taylor, 39, of Batavia, is charged with burglary 3rd and petit larceny. Taylor allegedly stole merchandise from a gas station on East Main Street at 2:01 p.m. July 23, and had been previously barred from the property. He was arraigned in City Court and released under supervision.

Mattew R. Taylor, 39, of Batavia, is charged with trespass.  At 2:20 p.m. July 23, Taylor was allegedly found on a property on East Main Street he was not allowed to enter. He was arraigned and released.

Mattew R. Taylor, 39, of Batavia, is charged with trespass. At 6:02 p.m. July 16, Taylor was allegedly found on a property on East Main Street he was not allowed to enter. He was issued an appearance ticket.

Alicia M. Lyons, 42, of Batavia, is charged with failure to appear. Lyons is accused of failing to appear in City Court on a trespassing charge.  She was arraigned in City Court and ordered to appear at 1:30 p.m. July 28.

Alicia M. Lyons, 42, of Batavia, is charged with trespass.  Lyons is accused of trespassing at a business on Jackson Street at 11:55 a.m. July 24. She was arraigned in City Court and ordered to appear at 1:30 p.m. July 28.

Alicia M. Lyons, 42, of Batavia, is charged with two counts of trespassing. Lyons is accused of trespassing at 3:45 p.m. July 15, at a convenience store on Jackson Street, where she bought a pack of black and mild cigars and left.  She is accused of trespassing at a business at 6:38 p.m. July 18 and from being previously barred from shopping at that establishment.  She was issued appearance tickets.

Michael R. Ostrander, 57, of Batavia, is charged with criminal contempt 2nd. Ostrander is accused of violating an order of protection at 1:40 p.m. July 25 by making a phone call to the protected person. He was issued an appearance ticket.

Christine M. Page, 32, of East Rochester, is charged with endangering the welfare of a child. Page was reportedly babysitting a child less than 17 years old at 2:20 p.m. July 20 at a location on Bank Street, when the child consumed a candy bar containing THC causing an adverse reaction.  Page was issued an appearance ticket.

Jacqueline R. Garrett, 43, of Albion is accused of inhalation of toxic vapors or fumes. Garrett is accused of being under the influence of toxic vapors she inhaled during an incident reported at 5:38 p.m. July 21.  She is also accused of failure to appear in City Court for an incident in 2020.  She was arraigned in City Court and released.

Jason E. Carpenter, 43, of Batavia, is charged with harassment 2nd. Carpenter is accused of threatening another person at a location on West Main Street, Batavia at 7:57 p.m. July 17. He was issued an appearance ticket.

Tracy M. Fickes, 41, of Batavia. is charged with DWI, driving with a BAC of .08 or greater, driving without an interlock device, and improper left turn. Fickes was charged following a motor vehicle accident at 12:28 a.m. July 10 on Clinton Street.  The vehicle struck a utility pole. Fickes was issued traffic tickets.

Latoya D. Jackson, 36, of Batavia, is charged with trespassing. On July 8, Jackson was advised by the management of a property on East Main Street to leave the location, which she did "reluctantly," police said. According to police, she returned a short time later and was arrested.  She was issued an appearance ticket.

George J. Budzinack, Jr., 42, of Batavia, is charged with harassment 2nd. Budzinack is accused of throwing a punch through a door and hitting a female victim in the face at 2:26 a.m. July 11 at a residence on Walnut Street, Batavia. Budzinack was arraigned in City Court and released on his own recognizance. 

Roger M. Hofmeier, 21, of Batavia, is charged with aggravated harassment. Hofmeier is accused of having a disagreement with another person at 5:46 p.m. July 5 at a location on Ellicott Street, Batavia.  He was issued an appearance ticket.

Daniel H. Mooney, 35, of Batavia, is charged with criminal trespass 3rd.  Mooney is accused of entering a property on Cone Street at 4:19 p.m. July 19 without permission and remaining unlawfully. He was issued an appearance ticket.

Paul Duke Ehrmentraut, 53, of East Bethany Le Roy Road, Pavilion, is charged with grand larceny 3rd and offering a false instrument for filing. Ehrmentraut was arrested by Investigator Chad Cummings based on an investigation by Genesee County Social Services Investigator Robert Riggi. Ehrmentraut is accused of failing to report an adult offspring residing at his residence who was earning wages, which resulted in $7,290 in SNAP benefits Ehrmentraut was not qualified to receive.  He was arraigned in Town of Batavia Court and released on his own recognizance. 

Katlyn Ann Cook, 27, of Williams Street, Batavia, is charged with grand larceny 3rd.  Cook was arrested based on an investigation by Genesee County Social Services Investigator Robert Riggi. She is accused of failing to report income, which resulted in her receiving $6,427 in SNAP benefits she was not qualified to receive. She was arraigned in Town of Batavia Court and released on her own recognizance.

Shannon Lisa Lopez, 45, of Columbia Avenue, Batavia, is charged with petit larceny. Lopez is accused of failing to pay for merchandise from Walmart. She was issued an appearance ticket.

Dustin Allan Loveland, 35, of April Way, Geneseo, is charged with criminal contempt 2nd. He is accused of violating an order of protection at 7:30 p.m. July 29, by failing to stay away from the place of employment of the protected party. Loveland was arraigned in Town of Darien Court and released on his own recognizance. 

Latoya Y. Stanley, 34, of Independence Street, Rochester, is charged with criminal possession of a weapon 4th, aggravated unlicensed operation 2nd, obstructed view, and using cannabis in a vehicle on a public highway.  Stanley was stopped by Deputy Nicholas Charmon at 5 p.m. July 30 on Clinton Street Road, Batavia. Stanley was allegedly found in possession of metal knuckles. Stanley was released on an appearance ticket.

(name redacted upon request), 39, of East State Street, Albion, is charged with DWI, failure to stop at red light, driving left of pavement markings, open alcohol container, and aggravated unlicensed operation 1st. xxxx was stopped at 3:58 a.m. July 31 on Route 237 in Stafford by Sgt. Mathew Clor.  She was issued traffic tickets.

Anthony S. Bosse, 30, of Indian Falls Road, Corfu, is charged with DWI and following too closely. Bosse was stopped at 9:15 p.m. July 27 on West Main Street Road, Batavia, by Deputy Kyle Tower. Bosse was processed at the Genesee County Jail and released on appearance tickets.

Sonya Marie Charache, 41, of Basom, is charged with petit larceny. Charache allegedly skipped-scanned multiple items at Walmart valued at $34.08. Charache was processed at the Genesee County Jail by Deputy Carlos Ortiz Speed and released.

Beth E. Jerome, 41, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Jerome was stopped by State Police at 2:26 a.m. July 30 in the Town of Elba. She was released on an appearance ticket.  No further details released. 

Muckdogs dominated Amsterdam to tie series, force game three tonight

By Steve Ognibene

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Batavia Muckdogs started out Wednesday with great home vibes and three runs on two doubles in the third inning to take a 3-0 lead.

Mohawks scored a homerun in the fourth inning to bring Batavia’s lead to two.

Bottom of the fifth, a costly error for the Mohawks allowed Tyler Cannoe to reach first, and Kyle Corso to come home. That brought made it 5-1 for the Dogs.

Fleming scored his second homerun of the playoffs and brought in Alex Torres, and a lead for the Dogs 7-1 in the sixth inning.

An RBI double for Levis Aguila scored for Daniel Burroway, putting Muckdogs in the eighth. With no change in the ninth, Batavia won 8-1 to force a game three of the PGCBL championship round, which was to begin at 8 p.m.

Winning pitcher Julian Pichardo pitched six innings and allowed only one run.

To view or purchase photos, click here.

Photos by Steve Ognibene

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Work begins on Healthy Living campus in downtown Batavia

By Joanne Beck

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If Healthy Living officials were happy about a groundbreaking ceremony, imagine how they feel to finally see Phase I of the project begin.

Take a walk just east of the YMCA building, and you will see the tear-down of Cary Hall, which once housed Healthy Living programs. Rochester Regional Health and GLOW YMCA officials have worked for years on a plan for the new facility, and look forward to the ensuing progress.

“We've got the demo of Cary Hall coming down now. And it’s moving along nicely, and we expect that to last probably another week, week and a half, till we get everything down,” United Memorial Medical Center CEO Dan Ireland said Tuesday. “And then the next phase will be — that's really the enabling phase — getting that done, and getting the parking lot graded out, and then starting to really get to work on the foundations for the new building.”

Last month, Ireland, GLOW YMCA CEO Rob Walker, and about 100 others gathered at 213 East Main St., Batavia, at the site of a future 78,000-square-foot facility. Defined as an integrated medical and wellness facility, it's to include state-of-the-art exercise equipment, a new pool, indoor track, teaching kitchen, a children’s adventure room play area, plus 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services. The site will serve as a one-stop-shop for many health concerns and fitness goals, and there will also be a drop-in childcare center.

Despite supply chain issues for other projects — roofing material, steel and concrete — this project is on track for a scheduled late 2023 completion date, Ireland said. Knowing how construction projects can go at times, he said the timetable could change at some point, but materials have been available so far.

“This is different than all of the other construction projects I’ve been involved in; it’s a funny mix of, you just don’t know what’s going to get delayed,” he said.

That second phase -- building the infrastructure for the new site -- will likely begin in September, Ireland said.

“Right now, we're just waiting on some paperwork. With that next phase, you'll start seeing foundations getting framed out,” he said. “So the demo contractors are on there now, and the contractor that's going to actually do the construction will transition onto the site. We're still looking at late 2023 completion at this stage of the game. And again, I always use caution on all my projects these days … not everything's been ordered yet. So, obviously, just getting started on the build phase, we will have to be working on that, firming up that timeline, and making sure we don't have any delays with supplies or other parts. I guess roofing material is one of the big things that all my projects are looking at challenges.”

Ireland is also overseeing construction for the Batavia medical campus on Route 98. Sessler Environmental Services of Rochester, the contractor for Ellicott Station, is doing the demo work, and RP Oak Hill Building Company will be doing the construction for the Healthy Living campus. The project has taken nearly seven years of hurdles to get to this point.

“I know Rob (Walker) and I are thrilled about this. And, in fact, I was off-site yesterday, and he sends me a picture of the demo getting underway. He's like, ‘it's finally here.’ So that's kind of where we're at,” Ireland said. “We tried to minimize any impact of traffic on the lot. Thankfully, most of that area's not highly traveled, and we'll be able to not impact people too much, as far as in and out of that campus, and then inside of the lot.”

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Top and remaining photos show the beginning phase of demolition for Cary Hall, which formerly housed Healthy Living. Photos by Howard Owens.

A tour, peaceful protests, and disagreement make for nasty recipe

By Joanne Beck

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And so it begins to get ugly.

A peaceful debate between Paul Doyle, senior pastor of Cornerstone Church, and a group of local Christian leaders has now brought others -- defenders of the ReAwaken America tour --  into the mix with threats and nastiness. One of those Christian leaders had served as spokesperson, but she wants it known that there are several others of the same mindset: they don’t want the ReAwaken America Tour here in Batavia. Or anywhere, for that matter, and especially not in this community.

The group has rallied others together for two protests so far; one outside of Cornerstone on Bank Street Road, and the second one in front of City Hall. People have carried signs and been relatively quiet during these events. The Rev. Roula Alkhouri has spoken on behalf of others but would like their involvement also recognized. The group signed and delivered a letter to Doyle after a meeting this past weekend. It states the leaders’ viewpoint about the tour, its implications, the reasons for concern, and messages that have reportedly been given at other tour events.

Concerns of the group about the tour, according to the letter, include:

1. Inciting Violence and Hatred: The speakers for this event mix militant language with religious imagery while speaking of life-and-death stakes, building an implicit permission structure for audience members to commit political violence in the name of God.

Although few speakers have exposed themselves to prosecution by explicitly calling for violence - strategically leaving themselves room for plausible deniability - they allow their audience to connect the dots by downplaying past political violence committed in God's name, demonizing their political opponents as "Team Satan," and urging supporters to win the battle for God against their fellow Americans.

“Batavia is a small, peaceful community, and it is our moral responsibility to protect it from any potential for violence,” it states.

2. Dividing Americans: The false claims of the speakers of this tour about the 2020 election, the stated vision for only one religion in our nation of religious freedom, the demonization of political opponents, and the continued attacks on our democracy are all attempts to divide Americans, pitting us against us each other.

This kind of division and hate hurts communities and makes us vulnerable to more violence. We do not have to share political views to reject the hateful rhetoric and divisive language of this event and its speakers. As Jesus says, "Every kingdom divided against itself is brought to desolation; and a house divided against a house falleth. Luke 17:11b.”

3. Distorting Christianity with Nationalism: We are so concerned that the name of Jesus is used by this tour's speakers to advance an exclusivist vision of our country as a "Christian nation," even to the point of one prominent speaker urging pastors to preach the Constitution more than we do the Bible. Seeking political power and domination of others is the opposite of what Jesus taught us about loving our neighbors. Christianity is a global religion, and America is a place that cherishes religious freedom for all people.

“We are patriots who love our country, yet we cannot let patriotism become a false idol,” the group states. “We have an American identity and a Christian identity, but they are separate.”

“We prayerfully urge you to cancel hosting this tour to protect our town from having to deal with division, hate, and violence in the name of Christ,” the group states. “Please let us know by Tuesday, August 2 what your intentions are about this event. We are holding you in our prayers as you discern.”

Meanwhile, Alkhouri (pastor of First Presbyterian Church in Batavia) said she has received some “threatening and hateful” phone calls and notes. One such threat was to expose her name nationally.

“These are Christians who are saying that they want to have my name out there in the community and around the country so that I am exposed to lawsuits and to other pressures,” she said. Yet she is not a single defender of this stance, but one of several people. Alkhouri doesn't believe that anyone should be the subject of deragatory comments.

"I think when people try to attack others in the name of defending justice, we all lose," she said. "No one wins when we degrade each other and become fearful or hateful of each other." 

The list of names on the letter includes:

  • Ruth E. Andes, Racial Justice Working Group, Genesee Valley Presbytery, and Byron Presbyterian Church
  • Rev. Joy Bergfalk
  • Rev. David R. Glassmire (Roman Catholic, Pastor Ascension Parish -Batavia)
  • Rev. Bob Kaiser (Presbyterian - Rochester)
  • Deacon Diana Leiker (Episcopalian - Akron)
  • Rev. Dr. Shiela McCullough (Chaplain - Batavia)
  • Rev. James Morasco (American Baptist and United Church of Christ – Batavia)
  • Rev. Laurel Nelson (Presbyterian - Dansville)
  • Rev. Elaine Paige (Chaplain - Batavia)
  • Rev. Jimmy Reader
  • Rev. Chava Redonnet (Chaplain - Rochester)
  • Rev. James Renfrew (Retired minister)
  • Pastor Mark Ross (Presbyterian - Batavia)
  • Pastor Brad Smith and the Attica First Presbyterian Church
  • Rev. Michael Stuart (Presbyterian - Batavia)
  • Jim Tappon (Elder - Irondequoit Presbyterian Church)
  • Lucia VerTseeg (Presbyterian - Rochester)
  • Rev. Evan Wildhack (Presbyterian - Corfu)

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The Batavian reached out to Doyle for comments about how the meeting went, and his response to the letter. He said that there are “different political perspectives” on each side and that it was a very cordial conversation. However, he does not agree with the “many fears” their position generates, and his decision has not changed.

“We are fully behind this event and resolved on our stance to host the ReAwaken America Tour.  We see this as a Christian-based assembly addressing the many issues that face American people — offering a biblical perspective,” he said. “We feel compelled to host this event because of the many highly respected Christian speakers that are scheduled over this two-day event.”

As a Batavia native, Batavia High School and Genesee Community College graduate, and former GCC Foundation and Batavia Rotary Club member, he emphasized that “the protesters do not love Batavia more than I do.”

He and church leaders are taking “every precaution” within their power to ensure a safe and secure event, he said, within the immediate proximity of Cornerstone property. There has been another side to the protests, he said.

“Although there have been voices of opposition, the support for the event has been pouring into our church, not only locally, but nationally as well,” he said. “In addition, we have received calls from several local clergy that support us.”

Doyle said there have been talks with local police, including the Genesee County Sheriff’s Office, and Cornerstone plans to fully cooperate with law enforcement’s instructions.  He said those local law officials have been connected with top security officials representing the event organizers.

“I feel the event has been over-dramatized. Speakers and attendees are law-abiding and patriotic citizens of the USA,” he said. “Although many issues are occurring in our country that is hotly debated, I have found no reasonable rationale for cancelling this peaceful assembly of Americans exercising their First Amendment (right) of freedom of speech.”

Groups of protesters, including the list above, are trying to plan prayer vigils and at least one more public event in opposition to the tour before it happens on August 12 and 13. Although some have disputed that this is not a political event, many speakers have claimed that Donald Trump won the election and disparage President Joseph Biden and others in the current White House administration. Other speakers discourage COVID vaccines and masks based on unverifiable evidence. To view tour speakers, go here.

Read the full letter here.

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Top photo: Cornerstone Church with new fencing around its property in preparation for the tour. File photo of a protest last month in front of City Hall, above, in Batavia. Photos by Howard Owens.

Bowling league meetings set for Aug. 16, 18

By Press Release

Press release:

League secretary meetings for the 2022-23 bowling season are scheduled for Aug. 16 at T.F. Brown’s in Batavia and Aug. 18 at Mount Morris Lanes.

Both meetings will start at 6:30 p.m. Pizza and refreshments will be available at no charge, courtesy of the Genesee Region USBC.

Informational kits for secretaries of leagues at Medina Lanes, Oak Orchard Bowl in Albion, Mancuso Bowling Center in Batavia, Legion Lanes in Le Roy and Rose Garden Bowl in Bergen will be distributed at the Aug. 16 meeting.

Kits for secretaries of leagues at Mount Morris Lanes, Perry Bowling Center and Letchworth Pines in Portageville will be distributed at the Aug. 18 meeting.

GRUSBC President Mike Johnson and Association Manager Mike Pettinella will be at the meetings to talk about the association’s league and tournament programs and changes for the coming season.

League secretaries of record will be notified by telephone later this week.

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