Press Release:

Genesee County Sheriff William A. Sheron, Jr. announces that inmate visitation resumes at the Genesee County Jail effective today. 

Press release from Batavia Police Department:

On 09/14/2021 at approximately 12:57 PM, the Genesee County Emergency Dispatch Center received a call regarding a male who became stuck in a stone bin at Western NY Concrete, located at 638 E Main St, Batavia, NY.

The City of Batavia Fire Department, City of Batavia Police Department, and Mercy EMS responded to assist.

The City Fire Department was able to extricate the victim but he was pronounced dead at the scene. The victim was identified as Randy Ridd, 64, of Batavia.

The Genesee County Coroner’s Office sent the victim to the Monroe County Medical Examiner’s Office to determine the cause of death. The Batavia Police Department conducted an investigation into the incident, which appears to be accidental at this time.

Brock Orion Doberstein, 28, of Cattaraugus, is charged with criminal mischief 2nd and petit larceny. Doberstein allegedly damaged a vehicle and stole its license plates on Aug. 14 while at Darien Lake. He was arraigned in Darien Town Court and released on his own recognizance.

Kyle Allen Hawley, 31, of East Main Street, Batavia, is charged with endangering the welfare of a child. At approximately 3:38 a.m., Aug. 26, while at a residence on Spring Street in Bergen, Hawley allegedly overdosed on a narcotic analgesic while in the presence of a child less than 17  years old.  Hawley was reportedly revived by medics with the use of Narcan and transported to a local hospital. He was released on an appearance ticket.

Press release:

The OACS Alumni Hall of Fame Committee will be honoring the Alumni Hall of Fame Class of 2021 during an Alumni Hall of Fame weekend.

This year's honorees are: Lawrence Bartholf ('59), Leanne Skelton (‘79), Mark Will ('85) and Gary Patnode (’95).

On the evening of Saturday, Oct. 16th, there will be a community dinner and ceremony to induct our newest members. The dinner will be held at the OACS High School cafeteria. Doors open at 5:30 p.m. and the event begins at 6 o'clock.

Tickets are on sale only through Oct.9th and are available at the Oakfield-Alabama High School, Oakfield Family Pharmacy on Main Street in Oakfield, or by contacting committee member Lynette Crawford through email at nwcrawford@verizon.net. Tickets are $25 each for adults and children ages 11 and up, $12 each for children ages 4 to 10 and no charge for children 3 and under.

The Hall of Fame recognizes outstanding OACS alumni who have achieved distinction in their lives and chosen field after high school through significant contributions to their career, community or through personal achievements. 

We hope to see you there!

For bios of this year's honorees, click here.

Batavia Town Supervisor Gregory Post this morning contacted The Batavian, stating that he misunderstood a question regarding the possibility of a Gabe's store coming into the former Kmart building at 8363 Lewiston Rd. and that he has not been contacted by any representatives of the West Virginia-based company.

"I want to clarify as I misunderstood the question and I take responsibility for not clearly understanding the question regarding potential for the development of a Gabe's store in Batavia," he said.

"Currently, there is no knowledge nor have we been contacted by any representatives of Gabe's or affiliates of Gabe's, and the only conversations have been between developers regarding future opportunities at the Kmart site, which has been an ongoing theme for several years, especially with the impact of the Park Road reconstruction on potential outbuilds and future uses for that property."

Post went on to say there is "no indication" that Gabe's is interested, and apologized "for not clearly understanding the question presented during a conversation last evening."

Without any information confirming that Gabe's has inquired about placing a store in the Town of Batavia at this time, The Batavian has retracted the previous story.

Press release:

The Arc New York chapters serving the GLOW region invite Genesee, Livingston, Orleans, and Wyoming County residents to “Grow with GLOW” and discover the rewards of a career as a Direct Support Professional.

Soon to be named Arc GLOW under a pending merger, Arc of Genesee Orleans and The Arc Livingston-Wyoming are participating in a statewide job fair on September 23 in Batavia and Mount Morris.

“The coordinated effort highlights the flexible, meaningful and rewarding positions available, supporting people with intellectual/developmental disabilities in their homes and day programs across our four counties,” said Martin Miskell, Arc GLOW Executive Director.

Direct Support Professionals provide integral support to individuals, such as assisting with communication, providing on-the-job coaching, and helping with daily living needs. DSP team members play a critical role in helping ensure that individuals with disabilities can fully participate in their communities.

“This is work that matters, work that is meaningful and it’s the opportunity to feel proud of the difference DSPs make in the lives of individuals we serve.  It’s a true calling to care,” the Executive Director said.

Arc GLOW Director of Human Resources, Christa Hartigan, says new Direct Support Professional team members can expect flexibility and the opportunity to advance.  “We offer stability and a generous benefits package,” she said, adding, “If you have been wondering what’s next, it’s time to find your future and grow with Arc GLOW as a Direct Support Professional.”

The September 23 Job Fairs scheduled in Genesee and Livingston Counties will be held at the following locations and times:

• Arc Community Center, 38 Woodrow Road, Batavia from 11 a.m. – 2 p.m.
• Arc Admin. Building, 18 Main Street, Mount Morris from 9 a.m. – 4 p.m.

Direct Support Spotlight

Oakfield native, Kristen Ace first started working at Arc after college and returned in 2018 as a Relief Direct Support Professional in residential.  She now works full time at Arc’s Day Habilitation Center in Elba as a Day Habilitation Specialist, and describes her job as very rewarding. “I love what I do and I love being here to help, advocate and teach. I go home happy, knowing that I’ve made a difference and look forward to going in tomorrow.  I smile knowing the ladies I work with had a great day,” Kristen said. “I’m glad I decided to come back to the Arc and begin my career!”

Jessica Stevens, an Arc staff from Leicester is the Assistant Site Supervisor at Arc’s Warren IRA residence in Warsaw.  According to Jessica, she enjoys finding all the good about the individuals she serves in the residential program.  “I get to learn about their past, their dreams and goals and what’s helped mold them into the person they are today,” she said, adding “Assisting people out of rough patches, reminding them of all they are, and making my guys laugh is definitely a favorite part of my job.” Jessica’s career at Arc began in the Day Habilitation program.  During the height of the pandemic, she picked up extra shifts in the residential department, and transferred there when she realized how much the enjoyed it.

“Remember, this is work that matters and an opportunity to make a positive influence on the lives of others,” Executive Director Martin Miskell said. “Please plan to attend one of our job fairs on September 23!”

Submitted Photos. Top photo: Jessica and Joe at his Arc home in Warsaw.  According to Jessica, she loves to learn about the individuals she serves and help them plan for their future.

Stephanie and Arc’s Kristen Ace show off a completed puzzle. Kristen says knowing she makes a difference each day in the lives of others is an amazing feeling.

A City Council member’s request Monday night to add a “Divide New York” discussion to a future Conference Meeting agenda resulted in an admonition by Council President Eugene Jankowski Jr. over her use of a certain word.

Toward the end of the governing body’s Business Meeting at City Hall Council Board Room, Rose Mary Christian brought up a bill sponsored by Assemblyman Steven Hawley that provides for a referendum on the question, Do you support the division of New York into two separate states?

“I think we have a right to bring this forth so people will be able to vote on it next year, and leave it up to every resident in the State of New York …,” Christian said.

The Sixth Ward representative then accused Council President Eugene Jankowski Jr. of attempting to prevent it from being discussed.

“I don’t recall telling you that,” Jankowski replied, as Christian said, “Oh, yes you did.”

Jankowski then said he recalled telling her he didn’t think it was appropriate for City Council to weigh in on it.

“It is appropriate; it’s for local governments,” Christian said.

Jankowski agreed to put it on the agenda, adding, “That’s what I think we intended to do, but you never got back to us.”

“No, you didn’t,” Christian replied. “You might be able to bull---- these other people, but you’re not going to do it to me.”

That prompted Jankowski to say, “Will you please watch your language, Rose Mary? We’re on video and there might be some young child watching it.”

Seeking the last word, Christian said, “Oh, please. Give me a break – with the language that’s out there now. Are you serious?”

Jankowski then asked, “Are you done?”

To which Christian responded: “Will you please put that on for the next meeting? I’m done.”

A man working at Western New York Concrete Corp. at 638 East Main St. died this afternoon after becoming stuck in a stone bin, Batavia Police Department Chief Shawn Heubusch reported.

"About 12:57 (p.m.), the Batavia Fire Department along with the city police department were dispatched to Western New York Concrete for a report of a male stuck in a stone bin," Heubusch said. "Upon arrival, ... the employees that were working were trying to extricate the gentleman from the stone bin. City fire made an extrication; unfortunately, the individual has passed. We're not going to be releasing the name at this point and time, pending notification of family members."

Batavia Fire Chief Dan Herberger explained that at the concrete operation, "several tons of stone dust, which is a very fine dust that is used for concrete production. It's a big hopper that's very wide at the top and narrow at the bottom."

Herberger said the stone bin, which is located in a blue building toward the back of the lot, is "an internal thing that has a belt that takes the stone dust up into where they need it to create concrete, and he fell into the hopper and was buried."

He said the cause of death will be determined by the medical examiner, who arrived on the scene shortly before 2 p.m.

The fire chief said when his crews arrived they initially assessed what type of equipment was in operation as to not endanger firefighters

"Just taking control of equipment and ... do some disassembling just to get him out," he said, adding that the victim was in the bin for about 30 minutes after the time of the call.

Herberger said this situation differed from grain bin incidents because the stone dust is much finer than grain and "is very heavy."

He said all city firefighters on duty responded to the scene while another platoon was called into to cover fire headquarters. Heubusch said several police officers were at the scene as well as detectives who will be taking statements and assisting the fire department in the investigation.

"Our thoughts go out to the families and the employees here at WNY Concrete," he said. "They did make an attempt at a rescue to save this gentlemen, so please keep them in your thoughts and prayers."

Police Chief Shawn Heubusch and Fire Chief Dan Herberger.

City Fire Lt. Dave Green

Photos by Jim Burns

The Oakfield-Alabama/Elba Aggies enjoyed another day of domination on both sides of the football in their second game of the season on Monday.

The final score: OAE 68, Clyde-Savannah 0.

The Aggies gained a total of 589  yards on the ground.

Gaige Armbrewster had five carries for 113 yards and three TDs. Noah Currier, six carries, 149 yards, two TDs.  Aidan Weisbrodt, two carries, 117  yards.  Connor Scott, eight carries, 74 yards, and a TD.  Jayden Allport had one rushing TD and an interception on defense. Aiden Warner scored a TD on the ground.  

Brayden Smith had a big game on defense with six tackles, two interceptions, and a fumble recovery for a touchdown. CJ Gottler had five tackles. Kameron Cusmano had an interception. 

"In these first two games, our boys have really enjoyed the 'success by committee' approach the team is taking," said Head Coach Tyler Winter. "This was another complete team performance, and we had a lot of guys contributing to the win."

Photos by Kristin Smith. For more, click here.

Emergency responders are on scene at Western New York Concrete, 638 East Main St., Batavia, for a man stuck in a stone bin.

City Fire, Mercy EMS and Batavia PD have responded.

Mercy Flight is on ground standby.

Press release:

Genesee County 4-H members Bing Zuber and Ian Keberle competed at the New York State 4-H Dairy Bowl Contest at Cornell University on September 11th.  Bing Zuber placed 8th in the Junior Division and Ian Keberle placed 8th in the Senior Division.

The contest was held in a quiz bowl format and tested youth’s knowledge of dairy cattle, environmental stewardship, nutrition and the dairy industry.  Youth qualified to participate in the event by scoring well in their 4-H regional competition. 

The Genesee County 4-H Program is a youth development program for youth ages 5-18.  New 4-H youth members, adult volunteers and clubs are always welcome.  For information about how to join the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 131.  Enrollment information is available on our website at http://genesee.cce.cornell.edu/4-h-youth-development/how-to-join-4-h

Press release:

Congressman Chris Jacobs (NY-27) participated in the House Agriculture Committee’s markup of their portion of the $3.5 trillion partisan reconciliation package.

“The House Agriculture Committee met to once again consider a massive, partisan reconciliation bill crafted in secret by Speaker Pelosi. One would have thought that record inflation and struggling small businesses would have been enough to teach Democrats this style of unilateral legislating is unworkable and damaging, but sadly this is not the case,” Jacobs said. “This package will likely include taxes that will devastate farmers and rural communities but possibly won’t even pay for the whole $3.5 trillion cost of this bill.”

The hearing, which started Friday and finished today, was to consider the House Agriculture Committee’s piece of the overall budget reconciliation package. This section will total roughly $90 billion in new spending, though $28 billion of that total was not even considered by the committee because it has not been written yet. At the hearing, Jacobs offered an amendment to redirect funding to combat an invasive species, the spotted lanternfly, that has become a threat to growers in the Northeast and Midwest. It was rejected.

“The Democrats in control of this committee did not hold one single hearing with farmers or agribusinesses to learn the exact needs of rural America. If they had, they would’ve learned that their partisan wishlist is unneeded and unwanted. They would have instead directed funding to fix very real problems facing our farmers, such as rural broadband, disaster assistance, and invasive species,” Jacobs said. “This process once again shows Democrats are more interested in political power than serving their constituents' needs – a truly unfortunate change of tune for the Agriculture Committee that has in previous years been lauded as the most bipartisan committee in the House.”
 

Press release:

National Grid customers and local law enforcement are reporting utility billing and payment scams across upstate New York. The company is asking its customers to beware and know the signs of a scam.

Imposters claiming to be from National Grid may tell customers that they have past due balances on their utility bills, even promising a savings on their next bill. Customers who reported the scams, say they were contacted by telephone and email, and in some cases automated recordings.

The scammers threaten that service will be shut off immediately unless the customer purchases a prepaid debit card in a specific amount, such as a Green Dot card, and provides the caller with the card’s account number, or in the case of business customers, by way of a Western Union money transfer. Imposters also may ask for a Social Security number and a National Grid account number. These calls are not officially from National Grid and instead are from scammers who are looking to obtain personal information and payments.

The scenario can change, but the goal of the scammer remains the same: scare customers into making hasty decisions that often include large payments.

National Grid does contact customers with past due balances by phone to offer payment options, but never demands direct payment through the use of a prepaid debit card and never accepts payment through these cards.

Scammers have become increasingly sophisticated in replicating National Grid’s recorded messaging and directions for phone prompts, even spoofing the phone number on caller ID, making it more difficult to differentiate an actual National Grid call from an imposter’s call. Similar scams have been reported across the U.S. by other utilities.

Customers who believe they have fallen victim to the scam should contact local law enforcement officials immediately. If you are provided a phone number that does not match numbers on the billing statements, it is likely that the call is a scam.

National Grid reminds customers to know the red flags and offers the following tips:

• Be vigilant. If you believe you are current on your National Grid account, it is highly likely a call seeking payment is a scam.

• Protect yourself. Verify you are speaking with a National Grid representative. Ask the caller to provide the last five digits of your National Grid account number. If the caller doesn’t know your account number and phishes for help, take charge and hang up immediately.

• Do not take the bait. Scammers will not have access to your account information, social security number or other personal details and you should never offer that information if asked. National Grid representatives will know your account number.

• Scammers also may contact you by email and attempt to lure customers into clicking on a link, visiting a malicious website, revealing account information, or calling a phone number.

• While National Grid may ask for a payment to be made over the phone, the payment method will be left to the customer’s discretion.

• Do not fall for scare tactics and threats. National Grid will not contact customers demanding immediate payment by wire transfer, Green Dot Money-Pak or any other prepaid card service.

• Do not cave to pressure. Never -- under any circumstances -- offer personal or financial information to someone who you cannot identify.

• Every National Grid employee carries a photo ID card, and contractors working for the company are also required to carry ID. If someone requesting entry into your home or business does not show an ID card, don’t let that person in, and call National Grid or local law enforcement.

  To learn more about protecting you and your loved ones from scams, please visit ngrid.com/scam.

The Pembroke Classic Car Show returns to Pembroke Town Park on Sunday with another large turnout of cherry classic cars and car fans expected.

The event, sponsored by the Pembroke/Corfu/Darien Kiwanis Club runs from 11 a.m. to 4 p.m.

The registration fee is $15 and is required for all participating vehicles. 

The number of trophy classes is expanding this year and the first 200 cars will receive a commemorative dash plaque.

More than  60 vendors are expected along with several food trucks. Crossroads House will host a huge basket raffle.  PCD Kiwanis will conduct a 50/50.  There will be a free blow-up slide for the kids and if you don't feel like walking ... ride the Trackless Train around the event. 

The Kids Car Cruise will be held from 11 a.m. to 1:00 p.m. 

The Pembroke Community Band will play from noon to 1:00 pm and a magician show will be held from 1:30 - 2:30 pm. 

Pre-registration has ended for the cars but classic car owners who wish to attend can download the application at pcdkiwanis.com to save time the day of the event.

Robbie Nichols and Marc Witt say they have about 50,000 reasons to support their claim that the first year of the Batavia Muckdogs’ participation in the Perfect Game Collegiate Baseball League was a resounding success.

The team owner and general manager, respectively, took a few minutes at Monday night’s Batavia City Council meeting to report encouraging attendance figures for not only the team’s home games but also for the various other events that took place at Dwyer Stadium.

Nichols said the team averaged 1,778 fans per game over their 27 home games and attracted 501 season ticket holders, compared to 2019, when the team averaged 951 per game and had 79 season ticket holders.

An online check of Minor League Reference, however, lists the Muckdogs’ 2019 attendance at 1,135 per game for 37 home games.

Regardless of the exact numbers, Nichols was justified when he said, “We’re quite pleased at the way our first season turned out.”

When you combine the Muckdogs’ games with the numerous events held at Dwyer Stadium this summer, more than 50,000 people strolled through the gates. Other events included KMS Dance Academy competitions and clinics, PRIDE Festival, Challenger baseball, GLOW Academy Youth Baseball and Battle of Badges.

Collegiate baseball tournaments, an Alzheimer’s Walk and Muckdogs Monster Mash for kids (Oct. 23) are yet to come, Nichols said.

Witt acknowledged the “energy” provided by the Community Dance Team that entertained the crowd on a nightly basis, and pointed out how the players regularly interacted with the fans and community.

Nichols thanked the many sponsors and Council “for entrusting us with this great tradition.”

Council member John Canale, who said he attended several games, commented that the atmosphere “was tremendous.”

“You promised us that and you came through for us,” he said, prompting applause from his colleagues.

In other developments, Council passed the following resolutions:

• A modified and restated sales tax allocation agreement with Genesee County through Dec. 31, 2059. The new contract does not change the terms and conditions between the city and county, but does include wording that allows the county to distribute $10 million annually in sales tax revenue to its towns and villages, beginning Jan. 1, 2022.

In 2018, the city and county reached a deal giving Batavia 16 percent of the county’s share of the sales tax – with provisions for that amount to grow in future years by a maximum of 2 percent per year. In future years, the city’s share will depend upon sales tax revenue growth, eventually being no less than 14 percent.

• An amendment of the city’s zoning map to rezone parcels at 211 and 211 ½ East Main Street, just east of the existing Genesee Area Family YMCA, from P-2 (Planned Development) to C-3 (Commercial) to accommodate the construction of the Healthy Living Campus.

• The installation of a street light on Highland Park due to insufficient lighting on a portion of that street. The resolution authorizes National Grid to install the fixture on an existing pole, which would cost the city about $90 a year for the electricity.

• A contract with Bailey Electric Motor and Pump Supply of Corfu to replace a high service pump Variable Frequency Drive control at the Water Treatment Plant in the low bid amount of $23,878. Tabelski reported that the current part, which is 20 years old, has failed and the repair would be most costly than replacement. A VFD is a type of motor controller that drives an electric motor by varying the frequency and voltage of its power supply, and normally is a key component at the mechanical treatment stage, biological treatment stage, and chlorination and filtration stage.

Council also forwarded to next month’s Business Meeting a recommendation by City Manager Rachael Tabelski to transfer $711,000 in general fund balance to reserve funds and another $50,000 in the workers’ compensation fund to that fund’s reserves.

The funds earmarked for allocation are Police Reserve, DPW Equipment Reserve, Facilities Reserve, Compensated Absences, Parking Lot Reserve, Health Care Fund Reserve and Workers’ Compensation Fund Reserve.

Looking forward, Tabelski said she will be outlining recommendations for the use of the $1.4 million the city received in American Rescue Plan Act funding at the Conference Meeting on Sept. 27, and reported that bonding financial figures and design phase information for the new city police headquarters will be presented in November or December.

Photo: Marc Witt, left, and Robbie Nichols of the Batavia Muckdogs at Monday night's City Council meeting. Photo by Mike Pettinella.

Press release:

The Buffalo and Rochester Building Trades Councils joined together this morning in the Town of Alabama to welcome Plug Power’s latest manufacturing plant to the Western New York Science and Technology Advanced Manufacturing Park.

Construction of the $264 million plant in Genesee County is slated to begin Oct. 4. When completed the plant will produce "green hydrogen" for freight transportation and materials handling equipment.

Plug Power will become the first tenant of the STAMP campus, a 1,250-acre business park, in the town.

The Building Trades, representing 20,000 skilled trades people, are looking forward to working with Plug Power on this project as it will employ many craftspeople. When completed, the company also plans to create 62 full-time jobs with an average salary of $75,000, plus benefits.

To date, the Western New York Power Proceeds Allocation Board recommended awarding $1.5 million to support this project. The New York Power Authority has the final say over awarding those funds.

The company is also seeking $2 million in support from Empire State Development, and a package of sales and property tax breaks through the Genesee County Economic Development Center.

Through a process called electrolysis, the Plug Power plant will produce “green hydrogen” for fuel-cells used in transportation and material handling equipment.  This will be clean energy manufactured here in Western New York.

The Building Trades Councils represent 20,000 members in 18 construction unions in the Western NY region including :

Boilermakers, Bricklayers, Carpenters & Piledrivers, Cement Masons, Electricians, Elevator Constructors, Insulators, Ironworkers, Laborers, Millwrights, Operating Engineers, Painters, Plasterers, Plumbers & Pipefitters, Roofers, Sheetmetal Workers, Sprinkler Fitters and Teamsters.

Submitted photo from the WNY STAMP site this morning.

Press release: 

The U.S. Department of Education announced that Genesee Community College will receive a federal TRIO Educational Opportunities Center (EOC) grant totaling $2.2 million to help unemployed workers, low-wage workers, and returning high school and college students enter or continue a program of postsecondary education. The grant comes in the form of a five-year cycle providing $430,441 each year to the TRIO Adult Educational Opportunity Center at the State University of New York (SUNY) Genesee Community College. This grant will help support programming and outreach efforts from the 2021-2022 through the 2025-2026 academic years.

The TRIO Adult Educational Opportunity Center (AEOC) provides information on college admissions as well as guidance and services to improve participants' financial and economic literacy. Among comprehensive services are academic and personal counseling, career workshops, information on postsecondary education opportunities, student financial aid and literacy assistance, and help in completing applications for college admissions. TRIO EOC programs offer services to a broad range of adult learners, including those who are limited English proficient, those who are from groups that are traditionally underrepresented in postsecondary education, individuals with disabilities, homeless individuals, youth aging out of the foster care system, formerly incarcerated individuals, and other disconnected students.

The national Educational Opportunity Center program began in 1972 and is part of a set of federal educational opportunity outreach programs known as "TRIO," which is authorized by the Higher Education Act to help low-income, first-generation students and students with disabilities succeed in higher education. In FY20 there were 139 Educational Opportunity Centers in America serving more than 192,000 adult learners nationwide.

"Genesee Community College is extremely grateful for the opportunities this grant funding provides for our students and our community members. Our team of expertly trained AEOC team members work hard to maximize the impact our programs and services have for as many individuals as we can reach," said Dr. Shelitha Williams, vice president of Student Affairs and Enrollment Services. "It is exciting to see that this work can not only continue but will now reach even more people in their time of need."

"As systemic inequality and financial hardship discourage students from succeeding in college, TRIO programs like EOC take on new importance because they continue to help guide un- and underemployed workers and returning high school and college students towards earning a degree," said Maureen Hoyler, president of the non-profit Council for Opportunity in Education (COE) in Washington, D.C. COE is dedicated to furthering the expansion of college opportunities for low-income, first-generation students and students with disabilities nationwide.

The president of the Batavia City Council tonight said he will utilize all means necessary to rectify a serious situation that has an Otis Street man and woman fearing for their safety and the security of their neighborhood.

“We are working with the assistant city manager (Jill Wiedrick) … she’s going to get code enforcement down there,” said Eugene Jankowski Jr., responding to public comments from Ronald Yantz of Otis Street about the behavior of those living directly across from him.

“We’re going to try to bring all the agencies we can. We already talked to the mortgage agency and they were shocked, but was unable to do anything. They got past their screening … and are kind of confused as to how they made it through and ended up with the house.”

Jankowski said City Council and Police Chief Shawn Heubusch are aware of the problems being caused by residents across the street, noting that 11 people – including six children, unsupervised at times – are living there.

Yantz and Carol Mueller appeared at tonight’s City Council meeting, with the former taking about five minutes to detail how their life has been turned upside down since purchasing their home last August.

Quality of Life Has Diminished

“It was a nice quiet street and a few months later, people bought the house across the street. From there, it has gone downhill as far as my quality of life, our neighbors' qualify of life – our safety,” he said, mentioning the frequent loud parties, large groups of kids, and garbage blowing into his yard from across the street.

He said he was prompted to call police recently after witnessing one of the older kids “pulling out what appeared to be a pistol from one of the cars” and carrying it low into the house.

“If it’s a toy pistol it should have the orange cover on the end of the barrel. It wasn’t a toy as far as I’m concerned,” he said.

Then, last month, he said it was about 11:30 at night when he was shaken by an explosion.

“I was just falling asleep and I heard a huge explosion right near the house. You could hear the shrapnel hit my house. It was no M-80, it was a half-stick of dynamite, at least, on the street. It was only 25 to 30 feet away from the gas main that goes into my house,” he said.

“That would have been the biggest tragedy that ever happened in Batavia … that would have blown all those houses up. And the kids that were standing there would have been killed and me, too.”

He said he ran downstairs and out the door.

Threats Aimed at Couple

“I said, ‘What are you guys doing?’ They’re like, ‘Shut the f--- up’ to us and telling her to shut up. We called the cops and all the neighbors came around; they already had called the cops.”

Yantz said when police arrived, the people verbally abused the couple, and threatened them, saying, ‘Wait until you go to work and see what happens to your house’ and ‘See what happens to your (custom pickup) truck when you’re not around.’”

Unfortunately, the police were unable to do anything at that time as they did not witness any unlawful act.

“This is ridiculous,” Yantz continued. “These people have no regards for their neighbors or nothing. What was a nice, quiet street and now it’s … like some of the other streets that have come down in Batavia. It’s just a shame.”

He said that since he is “stuck” in his home for at least five years before he can sell it, he hopes that the enforcement of ordinances or something else can be done.

“All night long, they play loud music – in the middle of the night, you hear thumping and thumping. It’s very … it’s a situation that I didn’t expect to get into at my age. I just want a nice quiet existence in a residential neighborhood,” he said.

Advice is to Keep Calling the Police

Responding to Yantz’ comments, City Manager Rachael Tabelski said that PathStone assisted the people as first-time homebuyers but noted that they have a mortgage through the United States Department of Agriculture. She also said the city has reached out to the USDA but to no avail.

Jankowski urged the couple to keep calling the police because “when they don’t call for a while, then police resources are directed somewhere else.”

“They (police) think the problem is under control if they don’t hear anything so they move to another location that might need it,” he said, adding that he told police to stay vigilant on this and similar circumstances around the city.

Council member Rose Mary Christian, who represents Otis Street residents in the Sixth Ward, advised that these types of disturbances have been going on for months.

“We’re at the point that it is ridiculous that they have to make a harassment charge against these people when we all know damn well that there are violations of the law – and the fact that the city should do something about it,” she said. “We have more power than these poor people on that street that destroy that beautiful, beautiful street.

Sixth Ward Council Member: It's Outrageous

“As far as social services go, those kids are running in the street and everything else, and throwing items at cars that are going by. The vulgar language and everything else that is going on. They (the children) should be taken away from that family. There’s no if, ands or buts about it. And to have 11 people in that household, and to have all the other friends from Liberty Street coming down into that area, it’s outrageous.”

Jankowski said that filing complaints are the best way to resolve the problem.

“We need a more consistent game plan to deal with this,” he said. “Maybe we’ll keep track of what we do to resolve this so if it pops up in another area … we can use some of these tools and solve it a little faster than the six months that this has been going on.”

He then offered his full support as he also lives on Otis Street.

“If you need support from me, I am right down the street. I’ll walk down and help you guys …,” he said.

Police Chief: Charges are Pending

Heubusch said his officers answered that call for service but noted that there is an open investigation, “so I can’t really get into the details of it but, suffice it to say, there are charges pending.”

“We will be dealing with that. We do have a presence on the street as time permits and our call volume permits … we’re doing our best to split all of our resources and make sure you guys are taken care of,” he said.

Council member John Canale asked Heubusch if he had “past experiences” with any of the people, and he replied, “Some of them are known to us, yes.”

Then, Council member Patti Pacino said, “Are you telling me that if two policemen stand there and somebody threatened my life and my property … they really can’t arrest the person?”

Heubusch replied that he wasn’t there that night, but said that “the legal definition of harassment is much different than the casual definition of harassment.”

Council member Robert Bialkowski urged Yantz to lodge complaints, “even if it’s 2 in the morning, call the police and they’ll be over there in a few minutes.”

Jankowski: Something will Come to Light

Jankowski said the people are playing a “cat and mouse” game with police but eventually “something is going to come to light that is pending over there.”

“There were other things that happened a couple weeks ago. They addressed the situation over there with other agencies interested in people that I can’t discuss – but they removed some people at that point,” he said. “So, that made it a little better for a short period of time. And then other people kind of rose to the occasion and they took over and starting causing problems.”

A former city police officer, Jankowski said victims need to call so law enforcement can address it and document it.

“When those things accumulate, the more time we can show a pattern of constant harassment ... that might fit some of the definition over a period of time,” he offered. “If they don’t have the means to actually physically harm you at the moment, and there’s an officer standing 20 feet away across the street, it’s not harassment at that point. If they’re in your face and they’re making contact with you, you’ve got something there.”

Batavia PD is investigating a three-car accident reported today at 1 p.m. on  East Main  Street in which one car rolled onto its side.

According to the preliminary investigation, a minivan was traveling north on Harvester Avenue while a small SUV was west on East Main Street.  The minivan failed to stop for the red light and t-boned the SUV, pushing the SUV to the northwest corner of the intersection, causing the SUV to tip on its side.  

After striking the SUV, the minivan rolled backward and struck a  third vehicle that was also westbound. 

East Main  Street was closed to traffic for a time due to the accident.

No serious injuries were reported. Occupants of the SUV and minivan were reportedly transported to a hospital by private vehicle. 

The driver of the minivan was issued tickets.

Any witnesses are asked to contact Batavia PD at (585) 345-6350 and ask for Officer Girvin.