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City approves Batavia Sports Facility ice rink proposal

By Joanne Beck

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Matt Gray and his folks, Bob Gray and Sharon Valyear-Gray, sat in the audience during City Council’s conference meeting Monday evening. Matt was waiting to hear what came soon in the business meeting that followed: a unanimous 9-0 vote to approve his pitch as Batavia Sports Facility Management to fully embrace operations at the David M. McCarthy Memorial Ice Arena.

"I'm very proud of him," Valyear-Gray said.

City officials’ reactions ranged from happiness to nostalgia.

“This is fantastic,” councilman Paul Viele said. “It’s good to see local people interested in the ice rink.”

Councilman Bob Bialkowski and President Eugene Jankoski were excited about the prospects of having a local Batavian on board.

“It’s great, just great to see community involvement,” Bialkowski said.

The contract is with Matt as owner of Batavia Sports Facility. It’s a five-year contract, with up to three five-year renewals. Matt, who has partnerships with Eli Fish Brewery and Matty’s Pizza, has an eye toward the snack bar with thoughts that perhaps some of that familiar food and drink would be served there.

"We do plan, in the very near future, some upgrades to the existing snack shop. We do have a five-year plan with quite a bit of capital improvements to it … so we do hope that we can extend the snack bar into more of a sit-down area inside the rink,” he said.

Since he was in kindergarten, Matt played ice hockey at the Evans Street arena, all through high school and even when he attended college locally, he said. So it’s fair to say that he’s been actively involved with the ice rink and Ramparts hockey team for more than a decade.

“But even more than that, I’ve been active for the last five years or so with development of that area,” he said during a quick interview with The Batavian after the meeting. “So not only am I interested in doing the necessary improvements to the rink  - it is aging, it’s over 40 years old — but it also could be an economic catalyst for the entire downtown area. My goal was to see it used to its fullest, not only for more of the residents of the city and town of Batavia but also drawing more people in from (outside of the local area).”

Matt’s proposal is “super exciting,” City Manager Rachael Tabelski said to The Batavian after the meeting. She was a teen in the early 90s and remembers Batavia as “really a fun place to come to.” The city had amenities such as an arcade of games, a swimming and wading pool and a fairly active ice rink.

“I think we’re bringing the 80s and 90s back,” she said.

Matt clarified that he doesn’t have an official partnership with Robbie Nichols, owner of Batavia Muckdogs and CAN-USA Sports and operator of Dwyer Stadium. But because of Nichols’ extensive background in the business of sports, he and Matt have been discussing various ideas for the rink.

“He did reach out to me with his expertise and his experience in order to be part of this, both for marketing and someone I can go to for just knowledge on risk management,” Matt said.

Activities planned for the rink include special events, dog shows, rollerskating, youth and adult floor/roller hockey, gym classes, home shows, indoor basketball and soccer, gun shows, all in addition to open skates and ice hockey leagues.

Batavia Sports Facility is taking over for former operations company Firland Management, which did not renew a contract in July.

Previously: From beer and pizza to ice, Batavia entrepreneur proposes his next venture

Photo: Batavia entrepreneur Matt Gray walks out of a City Council meeting Monday evening with the approval from all nine council members for his proposal to operate and manage the ice rink as Batavia Sports Facility Management.

Mayor of Redfield made official during city meeting Monday

By Joanne Beck

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Following years of jokingly being addressed as a key dignitary for the Redfield Parkway neighborhood, Jim Owen finally got his wish.

The native Batavian, former teacher, coach, active citizen and well-known figure around town was dubbed the title Mayor of Redfield during City Council’s meeting Monday.

After reading some of Owen’s history, Council President Eugene Jankowski presented the 1961 Batavia High School grad with a proclamation to recognize his “many years of dedicated service within the city and the Redfield neighborhood.”

“The City Council of the city of Batavia hereby extends this proclamation to Jim Owen for his devotion, dedication and service to the city of Batavia and names him the Mayor of Redfield Parkway,” Jankowski said.

If you don’t know Owen, an affable guy with a sense of humor, a coach’s perseverance and a teacher’s knowledge of Batavia’s history, then you must not have attended a ribbon-cutting, school event, business opening or a myriad of other activities that Owen has made certain to attend.

Long regarded for his involvement on his two lane street wedged between the veteran’s hospital and West Main Street, Owen probably could have run for Mr. Batavia. He’s the friendly face and sociable personality at, well, most everything.

Unofficially, Owen has been called mayor by many who know him, and he has gladly accepted the title.

James (Jim) Owen grew up with his family on Redfield Parkway and made the seasonally decorated street part of his life for nearly 80 years. It's lined with Christmas trees in winter, jack-o-lanterns in the fall and baskets of flowers in spring and summer. He’s the son of Frank E. Owen (whose name now graces Batavia High School’s auditorium), and Natalie Walker Owen. Jim lived on the parkway with his siblings, Kathy and Robert.

After graduating high school, Owen attended Morrisville Institue of Technology, followed by Rochester Institute of Technology. He was first hired as teacher in Sacketts Harbor and later at Hamburg Central School, where he enjoyed his work and coaching cross-country for 35 years.

He retired from Hamburg Central in 2003. Owen then returned to his beloved 2 Refield Parkwy home, obtained a job as a substitute teacher at Batavia City Schools and assisted with “all things Redfield.” Those who do know Jim Owen call him mayor for his exhaustive participation in his neighborhood and informal role as ambassador in the community, his proclamation states.

In December 2021 GO ART! dedicated its library to the Owen family, which includes his father Frank, a music teacher who developed much of the music program at the city schools. A man of humility, Jim Owen has been first to point the attention elsewhere, primarily to his late sister Kathy for all of the work that she did in their neighborhood and beyond, and to his family.

After offering his “warm thanks” to council for the honor, he reminded the audience — which included a group of his Redfield neighbors — that “you are not only honoring me, you are also honoring Kathy Owen, the queen of Redfield Parkway, and the Owen family.”

He took a trip down memory lane while providing a little history lesson about his neighborhood. The corner lot, number 2, was previously owned before being sold to his parents “by a very prominent lady at that time,” he said. That was none other than Edna Gruber Reeves, a well-known “professional madam.”

His dad, Frank, made sure to handle the closing of the property sale at an attorney’s office, as he thought it was much more proper than to be seen walking out of Edna’s place.

After everyone had a giggle, Owen thanked neighbors Mike Riggi, Michael Dibacco and Linda Conroy for coining the term “Mayor of Redfield Parkway” for Owen, and the many others who kept that moniker alive all this time.

“Now it is official,” he said. “Thanks to the City Council and all the people that made this day special.”

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Top photo: Batavia resident Jim Owen, aka "the Mayor of Redfield Parkway," shows the proclamation given to him during City Council's meeting Monday at City Hall. Above, City Council President Eugene Jankowski reads the proclamation to make Owen's title official. Photos by Joanne Beck.

Law and Order: Batavia woman accused of stealing meat from market

By Howard B. Owens

Kelly L. Fossum, 60, of Batavia, is charged with petit larceny. Fossum is accused of shoplifting several packages of meat from a grocery store on Ellicott Street, Batavia.  She was issued an appearance ticket.

Jonathan Will Dodson, 36, of Chugg Road, Holley,  is charged with DWI, driving with a BAC of .18 or greater, and speeding. Dodson was stopped at 10:11 p.m., July 8, on South Main Street, Elba, by Deputy Kenneth Quackenbush.  He was processed at the Genesee County Jail and released on appearance tickets.

Arthur L. Golden, 64, of Batavia, is charged with criminal possession of a controlled substance 7th. Golden was allegedly found in possession of a crack pipe during an incident on East Main Street, Batavia at 6:28 p.m., June 3. Police say an analysis of the pipe confirmed the presence of cocaine residue. Golden was issued an appearance ticket.

Sharon A. Williams, 54, of Batavia. is charged with harassment 2nd. Williams is accused of harassing somebody during an altercation reported at 8:13 p.m., June 28, at a location on East Main Street, Batavia. She was issued an appearance ticket.

James D. Hooten, 33, of Batavia, was arrested on a bench warrant. Hooten is accused of conspiracy 6th and petit larceny. He was arraigned in City Court and released under supervision.

Ryan M. Douglas, 22, of Oakfield, is charged with DWI.  Douglas was stopped by State Police in the Town of Elba at 12:39 a.m., July 10. He was released on an appearance ticket.

Galen B. Sundown, 29, of Basom, is charged with felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation. Sundown was stopped by State Police in the Town of Alabama at 1:42 p.m., July 10.  He was released to a third party.

James C. Malone, 25, of Oakfield, is charged with criminal obstruction of breathing, criminal mischief 4th, criminal contempt 1st, and endangering the welfare of a child. Malone was arrested by State Police in connection with an incident reported at 1:53 p.m., July 8, in the Village of Oakfield. He was released on his own recognizance. No further details released.

Ronald M. Clark, 55, of Le Roy, is charged with petit larceny and grand larceny 4th. Clark is accused of a theft in the Town of Le Roy at 2:09 p.m., July 4. The grand larceny charge stems from an accusation that one of the items stolen was a credit card. He was arrested by State Police and released on an appearance ticket. No further details released.

Long-awaited arrival to groundbreaking ceremony for Healthy Living project

By Joanne Beck

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Over the last six-plus years, plans — and hopes — for a new and improved Healthy Living campus have certainly been put to the test.

A zoning change, suggestions for less cement and more green space, lighting up Wiard Street and rethinking an entry/exit from Summit Street, plus the constant push to raise money for the $33.5 million project may have given pause but never a fullstop since 2016.

Officials and community members celebrated Monday what United Memorial Medical Center CEO Dan Ireland described as making “this vision a reality.”

Ireland and about 100 others gathered at 213 East Main St., Batavia, one of the parcels between Main and Bank Street that will be the future 78,000-square-foot facility.

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“This is a pivotal and historic day in our community’s health and wellness journey,” Ireland said. “We are breaking ground on an innovative, forward-thinking model of integrated health and wellness that will transform downtown Batavia. From a healthcare perspective, this facility and model of care that it represents will exemplify how healthcare can evolve to support the healthcare needs of the community today and for the next generations.”

“The Healthy Living Campus is the future of health care, where medical and wellness programs are integrated under one roof. It’s made possible through our community partnerships, and it’s helping patients get all the care they need and deserve in one place. 

He recalled the high level of effort it has taken during the past nearly seven years of planning, collaboration and diligent work to reach this point. He credited Rochester Regional Health’s staff teams, community partners, GLOW YMCA and “most importantly you” for arriving at the day shovels were symbolically plunged into the earth.

Not only was the event about a new facility, but also about an “innovative and integrated” system of what and how care is delivered. Meal planning, building healthy habits, assessing mental and physical health, and taking preventive measures for well-being are just some of the services to be offered.

Add in state-of-the-art exercise equipment, a new pool, an indoor track, a teaching kitchen, and an adventure room play area for children.

Top it off with 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, and the site is a one-stop-shop for many health concerns and fitness goals, officials said. There will also be a drop-in childcare center.

“Today is not just a celebration of a new building or clinic, it’s the celebration of a community coming together to reimagine health and wellness of the future and transform our downtown," Ireland said. "It’s celebrating you and your friends and neighbors who have worked tirelessly over seven years to advocate, plan and collaborate to make this vision a reality. Without your voices, your ideas, your support, we would not be here today at this milestone. We are embarking on this exciting new chapter of health and wellness in Downtown Batavia.”

The project’s birth was a few city managers ago, when talk of an expanded Healthy Living campus at times seemed pie-in-the-sky for some. Seeing it finally come to fruition is “a big load off our minds,” City Council President Eugene Jankowski said.

“I’m excited to see this project begin,” he said. “There were a lot of setbacks, and it’s really easy to call it quits.”

He thanked all involved for remaining steadfast on the journey and “moving forward to positive outcomes” in the city’s future.

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Robert Walker, CEO of GLOW YMCA, remembered picking up the phone back then and becoming engaged in the concept. Almost seven years later, this plan “has truly changed the path of both organizations,” he said.

“Your leadership and support have impacted me tremendously,” he said.

He cited the YMCA’s mission statement: To develop the spiritual, mental, and physical wellness of all people in an atmosphere of Christian fellowship and thanked individual and collective community members for their determination to come together, strive for improvement, and see this project through.

“The GLOW YMCA and Rochester Regional Health Healthy Living Campus is a place for children, adults, and families from all walks of life in our community to come together and improve their lives — spirit, mind and body,” Walker said. “The state-of-the-art campus will not only be a benefit for the health of our residents, but also for the health of our local businesses, transforming downtown Batavia.”

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Perhaps equally notable to the support for the project is the timing now, in the midst of a post-pandemic, RRH CEO Dr. Richard Davis said.

We’re all about reimagining what healthcare can and must be in the 21st Century, we’re focusing on those strategic themes and talents of literally 20,000 of our team members … delivering the right care, in the right place, at the right time, to achieve the right health outcomes for the right value,” he said. “Healthy Living is a shining example of what truly is an innovative model.”

The strengths of two organizations — RRH and YMCA — are being brought together to offer the best of each one alone as an essential service to the city of Batavia, he said.

Officials also included Rob Rodriguez, NYS secretary of state, Senator Edward Rath III, Tom Houseknecht, on behalf of him and his wife Lynn, and Paul Battaglia, chairman of the YMCA Campaign Committee.

“I know when we started this quest in 2016 … many people thought this was an impossible dream. Now … this dream is coming true,” Battaglia said. “Today we’re not just celebrating the groundbreaking of a building, but celebrating the health of our community. This is a transformational project that is going to completely change the downtown area. It’s going to bring people downtown, create excitement and vitality that we believe will have a significant domino effect on the local businesses there. We could not be prouder of this relationship.”

The Healthy Living project was made possible with state, federal and community fundraiser monies, including an NYS economic development health care grant of $11.6 million, a $4.1 million Downtown Revitalization Initiative grant, and ongoing fundraising efforts by more than 50 GLOW YMCA and RRH volunteers.

Officials expect construction to be completed in 2023.

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Top photo: Officials take shovels in hand for the symbolic gesture during the Healthy Living campus groundbreaking ceremony Monday at 16 Bank St., Batavia. United Memorial Medical Center CEO Dan Ireland, Rob Walker, CEO of GLOW YMCA and Rochester Regional Health CEO Dr. Richard Davis say a few words during the event. Photos by Howard Owens. Renderings of the project provided by RRH.

Woman charged after dog treated repeatedly for narcotics overdose

By Howard B. Owens

A 30-year-old Batavia woman is charged with injuring an animal after a veterinarian treated a French Bulldog three times for an overdose of cocaine or "some other narcotic."

Cassandra L. Elmore faces three counts of injuring an animal.

The dog was treated on May 15, May 25, and June 21 for the apparent overdoses.

Elmore is also accused of owning an unlicensed dog.

According to a Batavia Police Department release, officers believe the dog "got into" the narcotic but don't specify how the dog came into contact with the narcotic.  

Police believe Elmore owns the Bulldog.

The current status of the dog is not reported in the release.

Elmore was issued an appearance ticket.

Pair from Rochester accused of stealing merchandise from Dick's, leading deputies on chase

By Howard B. Owens
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Jacob Smith Ashley Grann

Two people were arrested on grand larceny charges July 3 after allegedly stealing merchandise from Dick's Sporting Goods on Veterans Memorial Drive, and then fleeing from police.

The suspects were eventually apprehended after being followed at a high rate of speed from Batavia to Rochester on the Thruway and the I-390. 

Ashley L. Grann, 33, of Brooks Avenue, Rochester, and Jacob D. Smith, 33, of Clifford Street, Rochester, are charged with reckless endangerment 1st, grand larceny 4th, unlawful fleeing from a police officer, criminal possession of a controlled substance 7th, and obstruction of governmental administration. 

The Sheriff's Office released information on the arrests today.

According to the Sheriff's Office, Grann and Smith were pursued by deputies, and exited their vehicle on Brooks Avenue and then ran from deputies before being apprehended. 

They were allegedly found in possession of narcotics. 

The Sheriff's Office did not say what the duo is accused of stealing.

They were arraigned in Town of Stafford Court on behalf of Batavia Town Court and ordered to return to Batavia Town Court on July 23.

The incident was investigated by Deputy Nicholas Chamoun and Deputy Kenneth Quackenbush, assisted by Sergeant Andrew Hale, Deputy Alex Hadsall, Deputy Ryan Mullen, and State Police.

A fluid issue pits Batavia company against city, town and county

By Joanne Beck

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Just as the deadline for public comments was coming to a close Thursday, local municipalities were giving their reasons for opposing a request for what they believe is an excessive amount of water from City Well D.

The Department of Environmental Conservation is at the center of the request from Seneca Power Partners and opposing sides of the city and town of Batavia and Genesee County. DEC Communications spokeswoman Andrea Pedrick told The Batavian Thursday that “the public comment period ends today. DEC’s next step is to evaluate the application and any comments received to determine next steps.”

“The letter of opposition will be reviewed the same as any other public comments sent to DEC regarding this application,” Pedrick said. “It would be speculative to speak ahead of this review process.”

Seneca Power Partners surprised the municipality leaders with the permit request to draw 715,600 gallons of water per day from the city’s well for the company’s Batavia Power Plant at 163 Cedar St., Batavia. Such extraction of water daily could greatly affect the water supply for local citizens, the opposing letters stated in much more elaborated terms. (See Batavia company seeks permit for water, faces opposition)

The opposition ...
Batavia Town Supervisor Greg Post agrees with the reasons cited by city and Genesee County officials for opposing the application. In addition to letters sent by the other two municipalities, Post also sent a letter with additional ramifications if the request is granted.

One topic that has not been considered in the application or related reports is “the collateral environmental impacts,” Post said.

He has witnessed how excess demands on the aquifer downstream, primarily east and north of the city’s wellfield, he said. DeWitt Park, Seven Springs Country Club, Rochester Zen Center, Retreat at Chapin Mill, Horseshoe Lake, and Genesee County Fish and Game Protective Association (at Godfrey’s Pond) all depend on the water supply from this aquifer to maintain wetlands, ponds, lakes, and headwaters of Bigelow Creek “in the same manner consistent with the past several centuries," he said.

Post disagrees with SPP's environmental assessment that there are “no known significant individual or cumulative adverse environmental impacts” from the large withdrawal of water for Batavia Power Plant each day. Reports used as supporting documentation for SPP’s request were based mostly during low usage of the aquifer than more current times would show, Post said.

“Our concern is that any further demands on the aquifer that sustains this region’s people, industries, commerce, agriculture, and the ecological system should be looked at in more depth than the current assembled application,” Post said. “I would strongly ask that all parties demand the time to more thoroughly investigate the consequences of this permit issue.”

Genesee County is still weighing its options for how and if to respond if DEC grants the request, County Manager Matt Landers said. He wasn’t certain whether public hearings would be a future option, and the county is “handling the situation directly with DEC” right now while keeping the public informed through press releases of its correspondence with the agency, he said. To his understanding, “the permitting decision is solely in the hands of the DEC.”

“We obviously hope our letter speaks for itself to the DEC and they deny the application for the permit,” he said. “We are hopeful that an additional strain on one of the main sources of water in Genesee County is not put in place. Putting additional strain on the County’s ability to deliver safe, clean and reliable water to the residents of Genesee County is certainly not in our best interest.”

County Legislature Chairwoman Rochelle Stein said the county would like to “encourage NYS DEC to consider our comments of opposition to the request.”

“We will work in cooperation with our municipal partners as the review process evolves,” she said.

In response to The Batavian’s request for a worst-case scenario if the request is approved, Stein said that could be a “possible reduction of available raw water … for our residents and further water restriction possibilities.”

The applicant ...
In its application, a 662-page document stating its case with several supporting documents, Seneca Power Partners said that the use of water is “an integral part of the energy production process and is proportional to production.” More water is needed to produce more electricity. A simplified route the water takes looks something like this:

Water + heated by natural gas = steam = spins a turbine = goes into a generator = energy converted to electricity

The steam often evaporates and cannot be collected after the process, applicant John Trendowski, on behalf of the company, stated. Batavia  Power Plant tries to minimize its water usage and repairs any leaks within the system in a timely manner. Any wastewater generated will continue to be discharged to the city of Batavia sanitary sewer, treated by the publicly owned wastewater treatment plant for eventual discharge to Tonawanda Creek, Trendowski said.

As production increases, the need for additional water will also increase as there will be more evaporative losses. The facility will track water intake from the well and the city, as well as water discharged to the city of Batavia wastewater treatment plant, he said.

“Although after-efficiency processes may reduce water usage slightly, energy production is a water-intensive process. This project was selected from evaluated alternatives because Batavia Power Plant has struggled economically in the energy market over the last several years. By using the well located on the property on Cedar Street, the Batavia Power Plant can limit its intake water from the city of Batavia,” the application states. “The generation of electricity requires significant amounts of water for cooling purposes, which is proportional to energy production. By reducing the amount of potable water required from the city, the facility can alleviate some of these expenses.”

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The water withdrawal by the city to supply water to Batavia Power Plant has occurred since 1996, and based on a hydrogeologic report for Batavia wellfield, “withdrawing water directly from Well D should not have an effect on the water supply for municipalities or industrial sources in the area,” the permit application states.

The application points to major tributary watersheds that connect to Niagara River and Lake Erie, including Tonawanda Creek, which is 1,538 river miles. The creek itself is not the best source of consumable water due to its high turbidity and need for treatment, city officials said in their letter of opposition.

In the letter accompanying SPP’s permit application, Brian Gregson, development manager of Seneca Power Partners, and John Trendowski, senior principal with C&S Engineers, Inc., are the primary representatives for the request.

Not familiar with Seneca Power Partners has seemingly operated under the public radar, with no company signage to indicate it’s even there (on Cedar Street near O-AT-KA), sparse information online, and few, if any, public mentions.

The permit application is now in the hands of the DEC for a final decision.

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Top photo: National Grid transmission lines near the power plant; the plant on Cedar Street in Batavia; an aerial view provided within the application; power lines running from the National Grid lines to the power plant. Photos by Howard Owens.

After seven months, Devon Wright captured in Lockport, back in Genesee County Jail

By Howard B. Owens

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A Batavia man who entered a guilty plea to multiple charges in November in order to be -- his attorney suggested at the time -- present for the birth of his first child, has finally been arrested after missing for seven months.

Wright was a co-defendant in trial over a gun-sale deal gone bad outside the Days Inn in Batavia on July 22, 2020.

Wright entered a guilty plea on Nov. 17 to attempted criminal possession of a weapon 2nd in the Days Inn case.  He also entered a guilty plea to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.  The charges stem from some of the many arrests of Wright over the previous year.

According to Batavia PD, Wright was taken into custody without incident in Lockport earlier today. 

He had four active warrants, according to police:

  • Attempted Criminal Possession of a Weapon 2nd
  • Assault in the 3rd degree
  • Attempted Assault in the 1st degree
  • Criminal Sexual Act in the 1st degree
  • Harassment 2nd 
  • Criminal Tampering 3rd
  • Resisting Arrest
  • Obstruction of Governmental Administration 2nd (two)
  • Failure to appear on an appearance ticket
  • Aggravated Unlicensed Operation of a Motor Vehicle 3rd (two)

Wright was transported to Genesee County Court where he was arraigned before Judge Melissa Lightcap-Cianfrini and remanded to Genesee County Jail without bail.

There was a $2,500 reward offered for the capture of Wright.  Batavia PD did not release details on whether information was offered by somebody to assist in the arrest of Wright that might make such a person eligible for the reward.

Wright is scheduled to re-appear in court on July 11. 

The trial in November against Wright's co-defendant, Jacob Sponaugle, continued, and later the same day, Sponaugle was found guilty by the jury of:

  • Attempted Murder 2nd, a Class B violent felony
  • Assault in the first degree, a Class B violent felony
  • Criminal possession of a weapon in the second degree, a Class C violent felony
  • Aggravated criminal possession of a weapon, a Class C violent felony
  • Criminal possession of a weapon in the third degree, a Class D felony
  • Criminal using a firearm in the first degree, a Class B violent felony
  • Criminal using a firearm in the fist degree, a Class B violent felony

Sponaugle was sentenced in December to 15 years in prison.

From beer and pizza to ice, Batavia entrepreneur proposes his next venture

By Joanne Beck

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Restaurants? Check. Brewery? Check. Quality apartments? Pizza shop? Of course.

After successfully dipping his hands into a varied professional portfolio, Matt Gray is now going into the ice business.

His bid, along with CAN-USA Sports, LLC, to manage operations at the city’s ice arena will be up for discussion at City Council’s conference meeting next week. It’s set for 7 p.m. Monday at City Hall.

Earlier this year the city sought requests for proposal to take over the David M. McCarthy Memorial Ice Arena since Firland Management did not seek to renew its contract, which expired June 30. Listing a set of requirements and expectations for who the appropriate candidate would be, the city wanted a manager to help grow the use and presence of the Evans Street rink.

Apparently, according to a memo from City Manager Rachael Tabelski, Batavia Sports Facility Management, led by Gray, hit that sweet spot.

The company “submitted a proposal that is focused on increasing the long-term usage of the rink by actively targeting new local participants through marketing a broader selection of offerings, such as sunrise health programming, a summer roller public skate, curling and private party rentals,” she said.

“They are also focused on increasing the number of events held at the arena to attract large volumes of out-of-area users to realize the potential of the facility as an economic engine for the city,” Tabelski said. “These will include trade show, sports tournaments and concerts.”

Gray has an extensive background of serving on boards and putting his money where his mouth is. He owns Alex’s Place, has a partnership for Eli Fish Brewing Company and Matty’s Pizza, plus operates a property management company with retail properties and a mixed use building — with the brewery and seven market-rate apartments — in downtown Batavia. He also has a partnership for five restaurants in North Carolina. For the past 25 years, he has managed nine start-ups, developing several brands from concept and launch to a fully mature and operational enterprise.

Gray currently serves on the city’s Planning and Development Board, is vice president of Genesee County Economic Development Corporation and other current roles are on Batavia Development Corporation Small Business Workgroup, Batavia Business Improvement District Promotions Committee and as a USA Hockey Level 4 coach.

The entrepreneur has also served with other groups, including the Downtown Revitalization Initiative Committee, Batavia’s Creek Park Youth Hockey Economic Development Committee and is a founding member of the city’s Community Garden. He is a 2011 graduate of Leadership Genesee.

Speaking of money, Batavia Sports Facility Management has also proposed collaboration with the city to help with capital improvements at the ice facility “and expend funds from their own budget,” Tabelski said in her memo. That means doling out $140,000 toward capital expenses for:

  • Replacement of most fixtures for the concession area
  • Converting half of the office space to dry storage
  • Upgrade surfaces for a “warmer and inviting space” to serve as a party room
  • Install new LED lights throughout the facility
  • Add new inventory of roller and inline skates for summertime public use
  • Make improvements to the audio/visual system
  • Expand the food stand with dedicated seating in a sports bar concept
  • Invest in curling equipment

Tabelski has recommended that City Council approve an agreement with the Batavia management group.

Might there be craft beer and pizza in the arena’s future? Gray was not available for comment Friday.

2022 File Photo of Matt Gray, Batavia entrepreneur, who has now proposed management of the city's ice arena.

Fun in the Son puts focus on family time

By Joanne Beck

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When Batavia native Jason Norton returned from a life out west with wife Michelle, they had a goal in mind to live in a more rural environment and slower-paced country life.

After settling into their first home, the couple spotted a cow in a neighboring yard. Rural it was.

“We’re home,” Jason said.

That was in 2000. Zoom ahead to this year, and they have been pastors of Everpresent Church at 4 Batavia City Centre for five years. Although most churches suffered loss of attendance due to COVID’s shutdown, the Nortons feel blessed that their small congregation was able to withstand the parameters of social distancing and only closed for 11 weeks.

The couple — and parents to 6-year-old Camilla — are in rebounding mode. Michelle said that some statistics show that 50 percent of the people that stopped going to church during the pandemic haven’t returned. She and Jason are “very community oriented” and family-friendly. The non-denominational, Bible-based church has previously been involved in outreach and she wants to resume those efforts.

The church will be hosting an event, Fun in the Son, catering especially to children with 10 carnival-like games; facepainting; a petting zoo with bunnies, a goat, chickens and ducks; bounce houses; a basket raffle; and hotdogs, chips, pop, snow cones and waffle cakes.

It will run from 11 a.m. to 3 p.m. July 16 in the parking lot at Alva Place and Bank Street.

“It’s our way to get back out to the community,” Mrs. Norton said. “We're very family oriented. We are very kid oriented. And we just wanted to create this event to bring families back out together, because I noticed the community has a lot of things for adults, but not a whole lot for families together.”

A sheet of 25 tickets is $5, and kids can throw axes — little plastic ones that stick to the target — get a ping pong ball in a cup and other similar games. The sheet also includes a raffle ticket for each a girls and a boys bicycle. Other prizes will be given away throughout the day, such as gift cards to McDonald’s, Subway and Pizza 151.

Every child is to get at least one small prize, Michelle said, and those collected prizes can be turned in for bigger prizes.

This will be a church event that’s not so much about church, or preaching, she said. Fun in the Son is an opportunity for people to meet and get to know the Nortons and their church family, she said. Jason added that many events of the past are no longer around — St. Joe’s parade and carnival, and other town and village fundraising events — and he’d like to see activities return for families to enjoy.

Proceeds from the event will go to support “much-needed building repairs” at the church.

“Our church needs a new heating unit. And so we're doing a fundraiser,” Michelle said. “Whether we make money or we break even, it doesn't matter, because, like I said, we want to do it anyways for the community.”

The congregation has 35 to 40 members, and the Nortons would like to see it grow. They offer a Tuesday prayer service, Wednesday Bible study and Sunday service. Everpresent’s mission is “to foster an atmosphere of genuine love, where people can encourage one another and grow in their gifts and talents.”

“We love our community,” Jason said. “We just really want our community to know we’re here, and there will be a blessing.”

For more information, go to Everpresent Church

Submitted photo of Pastors Jason and Michelle Norton and their daughter Camilla.

Appeals court affirms previous ruling denying legal fees for Maziarz in FOIL proceedings vs. WROTB

By Mike Pettinella

A recent setback in an appellate court will not prevent former State Sen. George Maziarz from continuing with a lawsuit against Western Regional Off-Track Betting Corp. for what he terms “improper practices.”

Late last week, the state Supreme Court Appellate Division, Fourth Judicial Department, upheld a March 25, 2021 ruling by (then) Genesee County Supreme Court Justice Charles N. Zambito that Maziarz was not entitled to attorney’s fees and litigation costs incurred during a Freedom of Information Law proceeding to gain records from WROTB.

Responding to an email from The Batavian on Thursday, Maziarz said the judgment denying legal fees “stems from the Freedom of Information lawsuit we had to file against Western Regional Off-Track Betting a few years ago.”

“They want to operate in secrecy, but the courts forced WROTB to turn over the information we requested,” he said. ““What matters is that the information we received exposed apparent improper practices by WROTB (and) those facts laid the foundation of our recently-filed lawsuit against WROTB to recoup money spent on those practices for the citizens in the Western Region.”

In its ruling, the appeals court – citing case law -- “affirmed” Zambito’s order on the Article 78 issue, writing, “As relevant here, a court may assess reasonable attorney’s fees and other litigation costs against an agency in a FOIL proceeding where the petitioner 'has substantially prevailed, and . . . the agency failed to respond to a request or appeal within the statutory time.'”

Furthermore, the court stated that “even if the party meets those requirements, the award of attorney’s fees and litigation costs remains discretionary with the court. We agree with petitioner that respondent failed to respond to petitioner’s FOIL appeal within the statutory time and that Executive Order (A. Cuomo) No. 202.8 (9 NYCRR 8.202.8) did not toll respondent’s statutory time within which to respond.”

Nevertheless, the court concluded that the Genesee County Supreme Court “did not abuse its discretion in denying petitioner’s request for attorneys’ fees and litigation costs inasmuch as respondent’s delay was caused by the ongoing COVID-19 pandemic.”

Maziarz’s suit contends that WROTB – a public benefit company -- has, in effect, spent funds that should have gone to its 17 member municipalities by offering high-priced health insurance to its directors and improperly distributing sporting event tickets.

WROTB President Henry Wojtaszek on Thursday reiterated that the corporation’s attorneys have filed a motion to dismiss, adding that he is confident that nothing will come of Maziarz’s action.

“We prevailed at the Appellate Division, which is a telling sign that the outcome will be the same with the lawsuit,” he said.

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Previously: WROTB hires Buffalo law firm to oppose suit filed by Maziarz; Park Road traffic patterns set to change

New Batavia City Schools president, revised code and school resource officer

By Joanne Beck

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Neither the outgoing nor incoming president was at Batavia City School board’s reorganizational meeting Thursday, but the remaining board members voted to put John Marucci in the role.

He was sworn in via Zoom. Marucci was the board vice president, having served three years, and had previously said that he “thoroughly enjoyed serving the students, parents and staff of the BCSD.”

Marucci, a resident of Batavia for five years with one son in the school system, is an active coach for the Batavia Bulldawgs Youth Football organization, and is head coach for the Vartsity team. He was previously head coach for the BMS modified wrestling team and helped coach Batavia Little Devils’ youth wrestling. His term ends in July of 2025, and has said that serving Batavia’s youth is a main reason for his participation on the school board. 

Marucci was not able to answer questions from The Batavian about his new title and position Thursday evening, as he is visiting family out of state. He will be available to do so on Wednesday, he said.

Former president Alice Benedict’s term is up in July 2023 after being appointed in May 2020 to fill out a vacated position. Benedict is no stranger to the Board of Education, having served from 1995 to 2006, and for three terms as president.

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Board member John Reigle, whose term ends in July 2024, was elected vice president.

Two public hearings — about the Code of Conduct and hiring a second school resource officer — followed the reorganizational meeting. No one from the public spoke at the hearings, and both topics were approved later by the board.

Superintendent Jason Smith said that the Code of Conduct has received a thorough review by the school attorney “to make the code in line with current law and or current recommendations.”

“Our attorneys gave us some key updates that needed to be modified other than updated definitions for bullying, or harassment, to comply with the current Dignity For All Students Act,” Smith said. “Some modifications there, I think, we added definitions as to what is a tobacco product, what under the influence means and … illegal substances, that has been clarified as well.”

They have also revised the definition of "weapon," and when and if students would face certain consequences. Section three’s language was clarified and cleaned up, he said, to state that “students have a right to learn in a safe and supportive school environment.”

“A lot of the pieces that were in there have been removed because it's covered with the Dignity For All Students Act, and we modified some language regarding privacy and public restrooms and locker rooms, and expectations for that as well,” he said.

Section five reflects “a nice presentation in June by (BHS Principal) Paul Kesler and his students” about the dress code. Their work and attorney input focused on a gender-neutral dress code that didn’t particularly target guys or gals.

Other revisions included cyberbullying and virtual learning code of conduct, plus the addition of some legal updates to the prohibition against discrimination, harassment and or bullying. Long-term suspensions were considered, and families have the right to appeal the board on a five-day suspension.

“In the rare event that those are challenged or appealed, that clarifies that language,” Smith said. “It also clarifies long-term suspension appeals.”

Click here to view the Code of Conduct 

The school board also approved the move to hire a second resource officer for the district and a related contract with the city of Batavia.

“The proposal is to use additional COVID funding previously designated for learning … and use some of those funds. And we can gradually build a budget over time (to afford the positions when COVID funding is gone),” he said.

Given the tragedies this spring of mass shootings at a school in Texas and earlier much closer to home in Buffalo, the awareness of staff and families has been heightened of such possibilities. Smith received several emails from families and staff members regarding the district’s safety, he said.

Reigle said there’s been support for the current resource officer and now for a second one as well.

“It's nice to work in conjunction with somebody who is looking out for your safety,” Reigle said. “So we're in support of it.”

Each officer costs the district approximately $100,000 in salary and benefits, which will be paid to the city for use of two police department employees.

Law and Order: Batavia man accused of forcing Door Dash driver to touch him

By Howard B. Owens

Jeffrey D. Hall, 38, of Batavia, is charged with sex abuse 1st (contact by forcible compulsion). Hall is accused of grabbing a Door Dash employee, forcing her to touch his intimate parts, at 11:48 p.m., May 24, at a location on Ross Street, Batavia.  Hall was arraigned in City Court and released on his own recognizance. 

Tarrell Jerry Carter, 37, of Raines Park, Rochester, is charged with strangulation 2nd, endangering the welfare of a child, and assault 3rd. Carter is accused of punching and choking a victim during an argument at 11:15 p.m., July 3, at a location on West Main Street, Le Roy. He was arrested by Officer Curtis Miller, arraigned in Town of Le Roy Court, and ordered held at the Genesee County Jail without bail.

Brandon Dodd, 35, of Highland Drive, Batavia, is charged wit falsifying business records 1st, criminal possession of stolen property 5th, and petit larceny. Dodd is accused of stealing merchandise from Kohl's Department Store and then selling the merchandise to Pawn King, falsifying a bill of sale attesting to ownership of the property. Dodd was issued an appearance ticket. The case was investigated by Investigator Erik Andre and Deputy Nicholas Chamoun.

Tonja Marie Stephens, 54, of Prole Road, Stafford, is charged with violation of a court order. Stephens is accused of violating a stay-away order of protection at 9 a.m., June 29, at a location on Prole Road, Stafford. She was arraigned in Town of Stafford Court and released on her own recognizance.

Joseph Michael Morelli, 53, Orchard Street, Oakfield, is charged with endangering the welfare of a child.  Morelli is accused of striking a child in the face at 7:43 p.m., June 26, at a location on Orchard Street, Oakfield. He was ordered to appear in court on July 22.

Dennis James Jenks, 23, of West Albion Street, Holley, is charged with obstructing governmental administration 2nd. Jenks is accused of physically and verbally impeding an investigation into a DWI at 11:34 p.m., June 30, on Byron Holly Road, Byron. He was arrested by Deputy David Moore and released on an appearance ticket.

Elizabeth Emily Ahl, 28, of Park Meadow Road, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, speeding not reasonable and prudent, moving from lane unsafely. Ahl was arrested by Deputy David Moore following an investigation into a motor vehicle accident reported at 3:42 a.m., July 2, at mile marker 3.4 on the I-490 in Bergen. She was issued an appearance ticket.

Cordero Leon Royes, 35, of Maple Street, Batavia, is charged with DWI. Royes is suspected of driving at speeds in excess of 120 mph on Route 33 through the Village of Corfu and Town of Pembroke at 9:58 p.m., July 5. She was arrested by Deputy Nicholas Chmoun and Sgt. Kyle Krzemien and released on an appearance ticket.

Adam N. Hume, 38, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Hume was stopped by a Batavia patrol officer at 12:15 a.m., June 24, on West Main Street, Batavia.  He was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with criminal contempt 2nd.  Jackson is accused of violating an order of protection at 8:58 p.m., June 29, at a location on East Main Street, Batavia. She was issued an appearance ticket.

Andrew J. Draper, 43, of Batavia, is charged with criminal contempt 2nd. Draper was allegedly with a person covered by an order of protection at 10 a.m., June 25, when Batavia PD made contact with him at a location on East Main Street on an unrelated matter.  He was issued an appearance ticket. 

Andrew J. Draper, 43, of Batavia, is charged with petit larceny. Draper is accused of stealing two rings from another person and selling them without permission on June 23. He was issued an appearance ticket.

Tammy M. Ace, 47, of Batavia, is charged with criminal mischief 4th. Ace is accused of dumping bleach on another person's belongings at 11:26 a.m., June 15, at a location on Holland Avenue, Batavia. She was issued an appearance ticket.

Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater.  Williams was stopped by a Batavia patrol officer at 8:19 p.m., June 17, at a location on East Main Street, after a complaint from a local business that Williams might be driving drunk. Williams was issued an appearance ticket.

Brian J. Ferguson, 35, of Batavia, is charged with DWI, failure to signal lane change, consumption of alcohol in a motor vehicle, inadequate headlights, and insufficient tail lamps. Ferguson was stopped by Officer Freeman at 12:13 a.m., June 11, on East Main Street.  Ferguson was released on an appearance ticket.

Oraid M. Blackshear-Edwards, 38, of Batavia, is charged with criminal trespass 2nd. Blackshear-Edwards was allegedly found sleeping inside a residence in South Main Street at 7:58 a.m., June 19, that was not his own. He was issued an appearance ticket.

Matthew D. Derrick, 37, of Batavia, is charged with criminal contempt 2nd. Derrick is accused of violating an order of protection by contacting another person on social media. at 4:28 p.m., June 17. He was issued an appearance ticket.

Julie L. Dutton, 27, of Le Roy, is charged with petit larceny. Dutton is accused of stealing two alcoholic beverages from a local grocery store on Ellicott Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 41, of Batavia, is accused of failure to appear on a bench warrant. Caplis was arrested on a warrant stemming from an incident on Nov. 4.

Jarrod K. Fotiathis, 27, of Lake Street, Le Roy, is charged with criminal mischief 3rd. Fotiathis is accused of kicking in a door, and damaging the door and frame, at 4:34 a.m., June 27, at a location on Lake Street, Le Roy. He was arraigned in Town of Le Roy Court, issued an order of protection, and released until his next court appearance on July 21.

Ronald J. Maxwell, 53, of Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Maxwell was stopped by State Police in the Town of Le Roy at 4:12 p.m., July 3. He was issued an appearance ticket.

Driver in fatal motorcycle crash identified

By Howard B. Owens

State Police have identified the man killed in yesterday's motorcycle crash in Bethany as Nicholas Keiffer, 26, of Medina.

Troopers have released no further information about the crash.

According to statements by officials at the scene yesterday at Route 63 and Fargo Road, the motorcycle driver was on a "crotch rocket" and was observed speeding by a Genesee County deputy sheriff on Route 5, heading west. 

The officer attempted a traffic stop, Chief Deputy Joseph Graff said, but the rider failed to yield to an emergency vehicle. The pursuit continued to southbound Route 63, where the deputy lost sight of the bike and broke off his pursuit. 

The deputy continued southbound and within minutes spotted evidence of a crash and found the motorcycle behind a hedge row in a farm field off the east side of Fargo Road.

At the scene, tire ruts were clearly visible in the grass where the motorcycle left the roadway of Route 63 on the south shoulder and according to a statement by one of the investigators, likely went airborne when the bike hit the asphalt of Fargo Road.

According to scanner traffic during the incident, a deputy attempted CPR at the scene.  Keiffer was pronounced dead at the crash site.

Because the incident involved a deputy, the crash investigation was turned over to State Police.

Previously: Fatal motorcycle accident reported on Route 63 at Fargo Road

Batavia company seeks permit for water, faces opposition

By Joanne Beck

City and Town of Batavia and Genesee County officials have joined forces to oppose a request for water that could potentially affect the flow for area residents.

The three municipalities called upon environmental analyst Guillermo Saar of the state Department of Conservation to consider the burden a request --  to draw 715,600 gallons a day — would put on Batavia and Genesee County if granted. Seneca Power Partners, a company at 163 Cedar St., Batavia, with an unpaid debt of more than $1.5 million in back taxes, made the request through a permit application to DEC’s Division of Environmental Permits.

“The major users of the Well Field (Genesee County, Town of Batavia, and City of Batavia) oppose this application and seek to help Seneca Power Partners find an alternative means to access untreated water for their operations. The aquifer directly feeds the Batavia Water Treatment Plant (owned by Genesee County, and operated by the City of Batavia) as a major source of drinking water,” the letter stated. “While the Tonawanda Creek also contributes as a source of drinking water, the quality and turbidity of the Creek make it a much less desirable source. Any excess extraction of water from the aquifer will force the Batavia Water Treatment Plant to rely more heavily on the Creek, and that will, in turn, increase the cost of municipal water treatment and decrease sustainability.”

City Manager Rachael Tabelski was not given any advance warning about the request from Seneca Power Partners, she said.

“This application to tap into the aquifer was a surprise, and there was no previous conversation with the City about utilizing Well D,” she said to The Batavian Wednesday evening. “As the letter, you received stated, the aquifer is a protected natural resource that provides water to many residents and businesses and needs to be scrutinized at the highest levels for the best outcome for all parties.”

According to a letter sent by the three municipalities, the amount requested, 715,600 gallons per day is 75 times more water usage than the current average of 9,513 GPD. This will “burden the aquifer's ability to supply the Batavia Water Treatment Plant,” the letter states.

“The aquifer has seen historic low levels of source water in the last decade, a pattern that has not reversed itself,” it states.

Other supporting reasons for opposition is that Genesee County has issued water conservation notices to residents two years in a row, in June 2021 and again in July of this year. The notices warned that “the water level in the aquifer that feeds the City of Batavia Water Treatment Plant is approaching historic lows,” and “the deeper the water is below ground level the more inefficient the well pumps are..” It was the third consecutive year the county asked residents for a voluntary water restriction.

The City of Batavia Water Treatment Plant provides nearly 50 percent of the county's water needs. . Without an adequate source to supply the residential, agriculture, commercial and industrial users, they face the potential for water shortages, inadequate flows for fire suppression, and a risk of hydrological issues, the letter states. 

“In an emergency, if the county were to bring in water from other outside sources there would be an unknown hydrologic mix that could severely impact residents that have lead and galvanized pipes,” it states. “This could lead to a serious social injustice for the most economically disadvantaged citizens.” 

In the letter, it states that while the applicant claims that “they are operating in a socially responsible manner, their past activities indicate otherwise.” The company faced termination notices for water service in 2020 and 2021 for failure to pay its water bills, and is currently on the path to foreclosure of its plant and pipeline for failure to pay real property taxes since 2017. As of June 15 of this year, that tab is now at $1,528,402.32.

“How can we trust a company who blatantly ignores its water and tax bills with the responsibility to draw water from a protected aquifer?” the municipality leaders asked.

A final consideration is that Seneca Power Partners “has failed to consider other sources of water that would be more resilient and responsible." For example, O-AT-KA Milk Products, less than 100 yards away from the property line, discharges 1.0 mm gallons/day of non-contact water through its permit discharge and is “willing to entertain a discussion about rerouting a portion of this water to Seneca Power Partners.” As this is non-contact cooling water, it might be a suitable and more sustainable option to pursue, the letter stated.

“Therefore, and in light of the objections outlined above, we oppose the permit application to the DEC and ask that the DEC act in a manner to protect the aquifer and Batavia Water Treatment Plant,” it stated. 

The letter, signed by Tabelski, Genesee County Manager Matt Landers and Batavia Town Supervisor Gregory Post, was complemented by another letter sent by Genesee County Legislature and signed by Chairwoman Rochelle Stein.

Genesee County leaders are opposing the request due to a troubling trend of a declining water table; the misrepresentation by SPP of how the request would actually affect the city, town and county residents; and a request that is significantly higher than the historic daily average water use by SPP.

“Due to these three reasons listed above, Genesee County is strongly opposed to Seneca Power Partners’ direct well water withdrawal permit application,” Stein said. “We hope NYSDEC staff understands our position and puts the needs of an entire county above the interests of a private company.”

Press releases about this matter were sent out by the city and county around 4:15 p.m. and 5 p.m. Wednesday, respectively. Questions emailed to Landers and Stein were not answered Wednesday evening. Tabelski said that she would discuss some of the questions with the city attorney and also referred the matter to DEC. Emailed questions to DEC Regional 8 Director Tim Walsh were not answered as of Wednesday night.

See related article about the permit process for DEC.

Fatal motorcycle accident reported on Route 63 at Fargo Road

By Howard B. Owens

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A motorcycle accident with injuries is reported at Route 63 and Fargo Road, Bethany.

The accident seems to have occurred moments after a deputy reported losing sight of a "crotch-rocket" that he had been pursuing. The deputy reported backing off the pursuit before the accident was discovered.

UPDATE 7:03 p.m.: Bethany Fire and Mercy EMS dispatched.  Mercy Flight is on ground standby.

UPDATE 8:40 p.m.: Chief Deputy Joseph Graff confirmed that the motorcycle rider died at the scene. A deputy had spotted a motorcycle speeding westbound on Route 5, and attempted a traffic stop. The motorcyclist failed to yield to emergency lights. The deputy continued to follow the speeding bike southbound on Route 63 and lost sight of it shortly after. He discontinued the pursuit. A short time later, while continuing southbound, he came upon the accident scene.

Based on observations at the scene, the motorcycle left the roadway of Route 63 at Fargo Road, digging ruts in the grass before hitting the asphalt of Fargo Road, and becoming airborne. The motorcycle came to rest behind a hedge row in a field on the east side of Fargo Road. According to scanner reports, CPR was attempted. The accident scene investigation is being turned over to State Police.

Photo by Howard Owens.

Batavia district residents invited to public hearings about code and second $100k resource officer

By Joanne Beck

Batavia City Schools residents are invited to not one, but two public hearings about the district's conduct code and the addition of another school resource officer at about $100,000 a year.

The hearings are part of combined reorganizational and regular meetings of the board this week. The session is to begin at 6:15 p.m. Thursday in the Superintendent’s Conference Room at Batavia High School, 260 State St., Batavia.

Public hearings are scheduled after what is usually a boilerplate type of meeting to plug in various district details, including swearing-in of board members, electing the president and vice president, and appointing people to a yearly list of roles. The list is fairly long and varied, from a school pesticide representative, tax collector, and purchasing agent to a faculty auditor, data protection officer and an extracurricular activities account treasurer.

Other board action includes votes to approve miscellaneous items, including the mileage reimbursement rate, existing bylaws and policies, and staff attendance at conferences and similar training.

Hearings are to follow for the review and public input of a District Code of Conduct and then of a School Resource Officer Contract to hire a second officer for the district. A prior hearing about the Code of Conduct brought out no one for comment. The school resource officer is obtained through the city of Batavia and its police department, with the school district picking up the tab. Each officer costs -- in salary and benefits -- approximately $100,000 each, Police Chief Shawn Heubusch confirmed with The Batavian.

Superintendent Jason Smith is to provide the review of each topic, and district residents are invited to sign up prior to or during the review to voice comments or questions. Speakers are given a three-minute time limit each per topic. 

Smith and Business Administrator Scott Rozanski had previously discussed that payment would be possible with leftover federal grant money (American Rescue Plan Act) paid out for COVID-related initiatives and responses. There is about $200,000 from that ARPA money available for another resource officer, Rozanski said.

After the public hearings are closed, a regular meeting is to commence with district “Good news to share,” a superintendent’s report, board votes for various appointments, contracts, a district strategic plan, Code of Conduct, and school resource officer services.

These meetings may be viewed on YouTube

For more information, go to bataviacsd.org

Positive vibes about Ramble, but concern about its venue redesign

By Joanne Beck

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It’s fair to say that Stephen Kowalcyk is intense about what he does.

He has a passion for all things music — from playing the drums to working on the production elements of shows big and small. He might be doing the sound and lighting for a small town bar one night and then for a James Taylor concert the next. It has been his life now for the last two decades.

“I was a drummer since I was a little kid and that's what got me into this. I originally started playing in bands in Jackson Square and bought some lights for my band that I was in, and then when that band broke up, people kept calling me to bring the lights to shows, and next thing I know, I realize I can make money at it. And 20 years later, I'm doing some of the biggest names in the country,” Kowalcyk said to The Batavian during the annual Ramble. “I’ve been in 40 states, toured as a lighting designer, I've been a drummer in some regional bands. I do sound and I'm a union stagehand for some of the biggest concerts at Darien Lake and the Sabres arena, the Blue Cross Arena. I've done in the past month everything from cover bands to Kenny Chesney. So that's what I do for a living.”

A Batavia resident and volunteer fireman with the Town of Batavia, he is a partner with Genesee Production Group, which is “basically a bunch of sole proprietors that all work together,” he said.

As Batavia Ramble hit its 15th year this past weekend, Kowalcyk wants to see the venue of Jackson Square get better and better. He and co-organizer Paul Draper, with help from Jordann Luce, had nothing but praise for how this last Ramble went. Record attendance, beautiful weather, a great line-up of talent and but a few “hiccups,” as Kowalcyk described them. The two-year pandemic break made for a small learning curve to get back up and running smoothly,  he said.

This year featured input from GO ART!, which pleased the Ramble organizers, they said. A variety of cultures, performances, food and art lined Jackson Street for a good part of the day, with Ramble musicians finishing out the late evening in the Square. A basket raffle housed inside Eli Fish was to raise money for kids’ music lessons. That was a plan before Roxy’s owner Rose Caccamise died, and now Kowalcyk and Ramble co-organizer Paul Draper are looking for another nearby music store and teachers to help with the effort.

“We have a larger kids section this year than we've ever had, thanks to GO ART! And that has been extremely helpful. I've seen a lot more kids here than we have in the past,” he said. “So having kids here is something that we wanted to do before. But Paul and myself were never really good at that. We didn't know how to advertise for that and how to do that.”

All of the positives aside, Kowalcyk is perhaps a bit "protective," he said, about the space at Jackson Square and an impending redesign. The city has been awarded a Downtown Revitalization Initiative grant of $750,000 for a project to “transform public space in a public plaza.” Grant specs state that an upgraded plaza is to become a “lively hub and common space for community interaction” while also providing connections to multiple businesses throughout the alleyway.

Who's involved ...
Architectural Resources is the city's firm in charge of the redesign. The city hosted two public meetings in 2021 to gather input from community members regarding the space. The initial plan was to begin construction in the fall of 2021 for a revamped Square by the spring of this year. Bids for the work have been rejected twice due to not fitting the financial cap for the project. City Council more recently rescinded acceptance of a contractor after the company raised the initial bid.

Kowalcyk and Draper want very much to be part of the redesign process and feel that they have been left out in these final stages.

“I have my own opinion on how this area should be taken care of, as I played my first gig here 20 years ago. So it's kind of, it's very sensitive to me, this area's worries,” Kowalcyk said. “One of my first gigs ever was here in 2002-2003. I’ve been playing with bands since then. And it's actually been really huge to the music scene here. A lot of people my age can say that they played some of their first shows in Jackson Square. So it's very sentimental to people our age because in the early 2000s, that was one of the very few places that people that weren't 21 could play shows. So we don't want to see it turn into something that it's not … it's not an amphitheater, we know that. But we also know that being a free and open venue that the city allows us to use, it's a great asset to the city and to our music scene.”

Wanting to be more involved ...
Based on the last plans he was aware of, Kowalcyk heard that the roof would be made of glass, the stage wouldn’t be very high and a handicap-accessible ramp was targeted for the front of it. He appreciates that City Manager Rachael Tabelski “was very good to me once she realized how much it meant to us,” he said. But after those initial conversations with the design team, “there’s been no communications with us.”

“And obviously, I will straight up say, this is the largest event that happens in Jackson Square. We should be a part of the conversation on what happens with the design team. And I feel like we weren't a part of that initially until I kind of stuck my foot in the door and said, ‘Hey, we really need to be, you should listen to what we have to say. Because we have a lot of people that have a strong opinion on what happens back here.’”

The Batavian emailed questions to Tabelski, who said that her response is the same as it was when Kowalcyk and Draper spoke out in 2021. Input from citizens has been “heard and considered, and incorporated into the design,” she said, including those affiliated with the Ramble, which happens once a year.

“For the design side and bidding, we have to use a professionally licensed architect and engineer to complete the project for safety and liability reasons. The City will continue to look at the project and get the best outcome for the public gathering space and fulfill the DRI funding commitment,” Tabelski said.  “Just like with many public works projects, after citizen input is solicited and incorporated, the design/engineering/construction process is managed by professional city staff.  In this case, the project should already have been completed and I will be re-evaluating the architectural bid specs and seeking modifications so we can achieve an on-budget construction project that enhances Jackson Square.”

No throwing of stones, just suggestions ...
Well, if by chance the architects are listening, Kowalcyk wants to pitch his thoughts: no ramp right in front of performers and a solid roof for the stage “would prove beneficial.” Glass is a nice design element, he said, but given the open space with little shade, glass could make it unbearable for performers on a hot sunny day.

“We need shade at this time of year and almost every year when we do this. It's nearly the longest day of the year, and it's almost one of the hottest days of the year. Yeah, so we're looking for shade. That is the biggest thing,” he said. “Everyone knows that I'm a liaison between this event and the city, okay, so they've been coming to me, and I've been getting emails and phone calls and text messages saying you cannot let them go with a glass roof.”

Another complaint he’s been hearing is that a large portion of that $750,000 was going to replace the concrete and brick in Jackson Square. It wasn’t that long ago since it was last repaired, he said, and “really not that bad.”

“I hate to see the majority of our budget go to that aspect, where I don't think it's going to make that much of an improvement. The average person's not gonna come in there and see that much,” he said.

No disrespect to the design team, he said, but other missing elements (as far as he’s aware) include permanent lighting for night show options and a screen that could be pulled down for movies and other uses.

“With the right design of a stage, we could have built a little small AV corner to do that. And we're only talking hundreds of dollars, not thousands of dollars. It would have been easy to do the power button,” he said.

After speaking with a member of the City Council last year, Kowalcyk said he was told that the DRI grant was on a timeline and that money had to be spent and work completed to fulfill the requirements as a “use it or lose it” situation.  The member had indicated that it would be better to “get it done and then fix it later.”

“And I’m like no, that is not how you do that. That is a PR nightmare; you do not fix it after the fact,” he said. “I would like to do it right the first time and not come back and try to fix it because, why spend the extra money?”

To be clear, this was one person’s remark to Kowalcyk and apparently not an official comment about the design team’s approach.

Other team players ...
Kowalcyk has a sincere interest in promoting and utilizing the Square for a full plate of events beyond the Ramble, he said. He hopes to work with the Batavia Business Improvement District for future Rambles and other ideas, as the Square is right in BID’s backyard. BID has hosted the Jackson Square Friday night music series for several years, plus some Thursday nights this summer.

The Batavia BID board is updated monthly on the project, and has provided feedback to the City through the process, Tabelski said. BID Executive Director Shannon Maute said Tuesday that she is “open to anything” that would benefit the downtown area. She didn’t know why Ramble and BID organizers ever stopped collaborating on the effort, but she would be willing to do so, Maute said.

As for the Jackson Square redesign, aside from cleaning up the area, leave well enough alone, she said. An old relic of the past, it's a nostalgic space that she appreciates.

“As for me personally, I want it the way it is … it’s one of the very few things unchanged in downtown. The stage has worked,” she said. “If the city wants to revamp it, I’m fine with that as well.”

Kowalcyk likewise wants to work with the BID, he said. His vision of the Ramble is to perhaps make it a two-day event. As for the venue, he’d like to include affairs beyond the current line-up, such as themed DJ, 80s, hip-hop nights and other genres. 

“In the future, I see us actually being involved together, I fully plan on working with them. It just didn't happen this year, because we got far behind on where we wanted to be. GO ART! actually approached us to work together on this event. We've talked to them in the past and said that this would be a great event to work together on, and it didn't come to fruition. So this year it actually benefited both of us at the same time. It's been great working together; it’s fun.”

As co-organizer Paul Draper said, they believe Jackson Square is “a great space, a wonderful space, and it should be utilized to the maximum amount.”

“And we’ve just got to make sure that what they're planning is going to be able to benefit that, I guess,” Draper said. “I don't ever want to leave the square, I think this is a beautiful spot. It's just, you know, it's kitchy coo. For visibility, … I think we did a really, really good job. GO ART! is doing a fantastic job on the other end of it. So I'm happy with what we've been able to do so far. So going forward, just kind of what we've been doing is, changing, building up, seeing what works, what doesn't work, and kind of go from there. But I like what we have to offer this year.”

He and Kowalcyk agreed that one of the Square’s best-kept secrets — and not always fully recognized — is that it allows musicians that typically are in their own venues to get together, see one another and enjoy that rare time together.

“It's an interesting thing because a lot of us are in bands. We don't necessarily get to go out and see our friends that are in bands because we're in bands playing,” Draper said, as Kowalcyk admitted he had never thought of it that way.

“This is like the only time where we can actually see all our friends play in the same place,” Kowalcyk said. “That's actually really cool.”

Photo: Batavia Ramble organizers Stephen Kowalcyk, Jordann Luce, and Paul Draper take a moment on July 2 to pause during this year's music and arts festival at Jackson Square. Photo by Howard Owens.

Batavia to offer to-go meals at Jackson and JK beginning Wednesday

By Joanne Beck

After evaluating the possibility of providing more free meals during the summer, Batavia City Schools officials have been able to extend the Keep Kids Fed program for Batavia students up to 18 years old.

Meals will be provided at two sites per day for these students beginning this Wednesday, Business Administrator Scott Rozanski said Tuesday afternoon. This extended program will run to August 26.

Families may pick up a free breakfast and lunch bundle from 9 a.m. to noon Mondays and Wednesdays at John Kennedy Intermediate School, 166 Vine St., Batavia, and 9 a.m. to noon Tuesdays, Thursdays and Fridays at Genesee Country Farmers Market in the former JC Penney's parking lot downtown.

Or families may get a free breakfast and lunch bundle from 9 a.m. to noon Mondays through Fridays at the Jackson Primary School, 411 South Jackson St.

Batavia’s district already has summer extended programs at Batavia High School-BOCES for breakfast, and at Batavia Middle School, Jackson Primary and John Kennedy Intermediate for breakfast and lunch, Rozanski had said in a previous article.

Beginning June 27, these meals will be provided to YMCA’s youth program Monday through Friday, and also Monday through Friday for the city’s Parks and Recreation program from Tuesday, July 5 through Aug. 12.

Once it was announced late last week that the Keep Kids Fed program was being funded to extend the service, city schools officials needed to "determine if we have sufficient personnel to staff either of these two options and, if not, what adjustments can we make to our current summer programs to be able to accommodate this program,” he said during a prior discusion with The Batavian about the program. “We are also waiting for the approval from NYS Child Nutrition (CN).”

Click here for prior article about this program, or go to bataviacsd.org for more information.


 

 

Time for some music, pedestrian-friendly fare and a visit during Batavia Ramble

By Joanne Beck

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Chuck and Kathy Walters just happened to be driving down Main Street, Batavia Saturday when they noticed some commotion on Jackson Street.

The entrance was closed, but the rhythmic beat of drums and tents along the street enticed them to stop for a visit.

“We didn’t know this was happening,” Mrs. Walters said during the annual Batavia Ramble Explore Art and Music Fest. “We watched the African drummers and dancing … it’s the first time I’ve seen African music that’s not on TV.”

Womba, a group of authentic African performers, was a new element to the music festival. Organized by GO ART!, a series of culturally rich musicians and dancers, artists, crafters and puppeteers filled the street with activities throughout the day.

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The Walters found a spot at a picnic table to nosh on grilled hotdogs from a nearby food stand. Troupe Nisaa members, dressed in sparkly, colorful outfits, performed a traditional bellydance at one end while a singer belted out tunes at the Jackson Street stage on the other end near Ellicott Street.

“They should have more of these,” Mrs. Walters said, adding that they would “definitely” come again next year.

The Bergen couple agreed that it was nice to visit Batavia, especially since “they’ve got so much more than Bergen.”

When asked if they would like to see anything else at the event, Mr. Walters suggested a large sign with a schedule for visitors to know what’s happening, when and where. They had never attended a Ramble and had not been to Jackson Square before.

Mrs. Walters likes country western music, she said, and would like to see that featured.

Overall, though, she was ready for more.

“I would like a two-day event,” she said.

As the Walters finished and walked away, Jay and Christine Elmore and a friend, all of Le Roy, sat down to enjoy some Red Osier fare. Mrs. Elmore’s sandwich was filled with prime rib, coleslaw and barbecue sauce, capped by a roll with salty crystals promising a sweet and savory bite.

“This is so good,” she said.

She and her friend had gone to a concert at Batavia Downs Friday, and decided to return Saturday to use their freeplay money. They then stopped downtown, first at O’Lacy’s and then the Ramble just around the corner.

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Foot traffic had thinned out some, and most art vendors had left by that time in the early evening. Mrs. Elmore suggested that a corn hole tournament would be a fun addition to draw people and provide more interaction.

“My husband is a huge cornhole (fan), that would be a big draw,” she said. “It would bring a lot of out-of-towners.”

Her husband Jay agreed that he’s really into the game, but not exactly sure why. His wife suggested that it’s about the competition and camaraderie of people getting together.

It may be something for Ramble organizers, including lighting and sound man Stephen Kowalcyk to consider for next year. During a talk with The Batavian, he had mentioned wanting to expand the offerings at Jackson Square, including themed music nights.

“This is an awesome asset to this music scene. Typically, I would like to see some new stuff in here. I've talked to the owners in here (Eli Fish), we have some ideas of doing some DJ nights out there, or doing an 80s night, one night, maybe a hip hop night or something just to change things up,” he said. “And I think that benefits all the restaurants around here. So it'd be a fun thing to do.”

See also:

Top photo: Chuck and Kathy Walters of Bergen stop for a bite during Batavia Ramble Explore Art and Music Fest Saturday downtown. Photo by Joanne Beck.

Womba entertains spectators at the GO ART! tent, a crowd enjoying the art vendors, food, and cultural performances on Jackson Street Saturday. Photo by Howard Owens.

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