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BHS staff member who was asymtomatic tests positive for COVID-19

By Billie Owens

Dear Batavia Blue Devils Community:

I am writing to provide you an important update regarding COVID-19 and Batavia High School.  

I have been notified and in contact with the Genesee County Health Department and the District’s Medical Director that there has been one new positive COVID-19 case of a Batavia High School staff member. The employee was NOT in school with any symptoms and was considered asymptomatic prior to getting tested.

As a result of contact tracing, which focuses on a 48-hour window of time this has caused one additional staff member and five students who were deemed as “close contact” to quarantine for 14 days. Any student and staff member that was identified as a “close contact” has already been contacted by the Batavia High School administration. The Genesee County Health Department will also follow up with identified students and staff. 

This case does not impact our ability to continue to operate Batavia High School and the school will remain open for our in-person hybrid learning model. 

New York State has launched the “School COVID Report Card” site, where you can view COVID-19 data associated with all schools in New York. To protect the privacy of students and staff, we will never release personally identifiable information.

Please continue to be vigilant in your efforts and help us prevent the spread of COVID-19. For additional reliable information on preventing the spread of COVID-19, please go to www.cdc.gov or www.health.ny.gov

Please also don’t hesitate to contact Batavia High School or the District if you have any questions or concerns. 

Better Together… WE are Batavia!

Anibal Soler Jr., Superintendent of Schools

Batavia City Schools

(585) 343-2480

www.bataviacsd.org

Barn fire reported on East Road in Batavia

By Billie Owens

A fully involved barn fire is reported at 4787 East Road in Batavia. It is next to a house. The location is between Putnam and Creek roads. Town of Batavia Fire Department is responding.

UPDATE 4:50 p.m.: A first responder on scene confirms it's a working barn fire.

UPDATE 4:54 p.m.: The barn is "on the ground" so command says firefighters will be concentrating their efforts on saving the house, which is about 25 yards away. There is a good-sized propane tank in the vicinity of the barn. East Road will shut down at both ends -- Putnam and Creek roads.

Editor's Note: About 10 updates were lost from this post after a technical glitch occurred. The following is a summary of them.

UPDATE 6:08 p.m.: Bergen fire was called to Town of Batavia's station #2 to fill in, then switched to station #1. Elba was called to the scene. National Grid was called in; no ETA. Command reported the barn blaze was squelched to hot spots and they were working to douse those. Mercy medics on scene were asked to evaluate a firefighter, then called for an ambulance. The ambulance was called to proceed in emergency mode, then a second ambulance was called in. Two firefighters suffered some degree of smoke inhalation. The East Battalion communication channel was released and they are wrapping up operations on East Road.

More T/K

Grand Jury: Man accused of attempted murder in stabbing on Lehigh Avenue in the city in August

By Billie Owens

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

Jacobs calls on Cuomo to reform Scaffold Law

By Howard B. Owens

Press release:

Congressman Chris Jacobs (NY-27) sent a letter to Governor Andrew Cuomo urging him to include Scaffold Law reform in his next budget proposal. Specifically, Congressman Jacobs called for implementing a comparative liability standard for gravity-related injuries.

“Reforming the burdensome Scaffold Law is long-overdue in New York State," Jacobs said. "As we are staring down a massive budget deficit and a stalled economy, reforming this archaic law is an excellent first step.

"Meaningful reform to the Scaffold Law would unleash our economy, attract new investment into our state, and lower the cost of living for all New Yorkers. We are the last state in the nation to have such a regulation, and there has never been a more urgent time to reform it.”

Currently, New York is the only state in the nation with a liability regime like the Scaffold Law, which imposes an absolute liability standard for gravity-related injuries on construction sites. This has resulted in a projected 8- to 10-percent increase to all construction costs – a cost that is handed down to taxpayers and deters investment in New York State.

For example, complying with the Scaffold Law is expected to add an additional $180 to $300 million to the Gateway Program and added an estimated $400 million to the Tappan Zee Bridge.

Congressman Jacobs introduced the Infrastructure Expansion Act in September. This legislation would exempt federally funded projects from the Scaffold Law and instead require a comparative liability standard for gravity-related injuries. Because the Scaffold Law is a state law, a bill passed by the New York State Legislature and signed into law by Governor Cuomo would be the most direct way to repeal or reform it.

County Health Alert: person who attended Trivia Night at T.F. Brown's Nov. 3 tests positive for COVID-19

By Billie Owens

Health Alert

The Genesee County Health Department has received a positive COVID-19 test from an individual who attended Trivia Night at T.F. Brown’s Restaurant on Tuesday, Nov. 3, between 6 and 9 p.m. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who attended the Trivia Night on Tuesday, Nov. 3rd to monitor their symptoms until Nov. 17th.

If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information, click here.

Veterans and active duty military affected by problem gambling 'at least twice the rate as general population'

By Press Release

The 11th month, November, on the 11th day is dedicated to commemorating the men and women who have served in the U.S. military.

As a country, we strive to honor and protect these individuals after returning to civilian life. While there are many mental health and addiction resources available throughout the nation, one issue usually remains hidden -- problem gambling.

It's a problem any time gambling causes financial, vocational, mental or interpersonal problems in one’s life, and it's an issue that affects roughly two million Americans. However, Veterans have elevated rates of problem gambling — at least twice the rate as the general adult population (Westermeyer et al., 2013).

Additionally, the National Council on Problem Gambling (NCPG) estimates that as many as 56,000 active duty members of the Armed Forces meet the criteria for gambling disorder.

According to the Diagnostic and Statistical Manual of Mental Disorders (DSM) 5, a diagnosis of gambling disorder requires at least four of the following during the past year:

  1. Need to gamble with increasing amount of money to achieve the desired excitement.
  2. Restless or irritable when trying to cut down or stop gambling.
  3. Repeated unsuccessful efforts to control, cut back on or stop gambling.
  4. Frequent thoughts about gambling (such as reliving past gambling experiences, planning the next gambling venture, thinking of ways to get money to gamble).
  5. Often gambling when feeling distressed.
  6. After losing money gambling, often returning to get even (referred to as “chasing” one’s losses).
  7. Lying to conceal gambling activity.
  8. Jeopardizing or losing a significant relationship, job or educational/career opportunity because of gambling.
  9. Relying on others to help with money problems caused by gambling.

Compared to the national population, problem gambling may not seem like a priority. However, problem gambling can impact up to 55 percent of the population. It is estimated that each individual struggling with problem gambling can impact up to 10 additional people.

On top of that, problem gambling has the highest suicide rate among all addictions.

“About 50 percent of those with disordered gambling have had suicidal thoughts. Over 17 percent of these individuals have attempted suicide,” (Moghaddam et al., 2015).

Problem gambling is also extremely underreported and low screening rates, especially in the military, remain a barrier. Some initial screening tools that are available include the “Lie Bet” and the “Brief Biosocial Gambling Screen,” which provide basic questions on gambling habits.

What can we do to better assist veterans and active duty members who might have a gambling problem?

•       Increase Screenings for Problem Gambling during routine visits and follow up.

•       Complete screenings after deployment and before reenlisting.

•       Offer education and information about gambling related harms. 

•       Provide a safe space to discuss need for support. 

•       Recommend alternatives to gambling on base and at program sites.

If you or a loved one is struggling with problem gambling, contact the Western Problem Gambling Resource Center at (716) 833-4274 or email us directly

Legislature chair and health director urge vigilance in fighting spread of COVID-19

By Press Release

Press release:

Genesee County Legislature Chair Shelley Stein and Genesee County Public Health Director Paul Pettit are urging county residents and businesses to step up in taking precautions to fight the spread of COVID-19.

Their call is the result of an increase of infections in Genesee County and the GLOW region and Governor Andrew Cuomo’s announcement earlier today about parts of Erie and Monroe counties being placed in Yellow zones.  

The Governor and his health experts have created three zones to manage the spread of the virus: 

  • Yellow Zone designates an area as being in a precautionary phase;
  • Orange Zone designation denotes a community is in a warning phase;
  • Red Zone means the community is in a cluster zone which imposes the strictest rules and regulations.

You can learn more about the zoning designation by clicking here

“We don’t want restrictions that will negatively impact businesses and the local economy, but if we continue to see increases and spikes, New York State is going to come in and create the zones that were announced today in Erie and Monroe counties,” Stein said. “Unfortunately, that is where we are trending if we don’t take action fast and become more vigilant to fight the spread of the virus.”

Among the restrictions in a Yellow Zone includes that:

  • Houses of worship can have no more than 50-percent capacity.
  • The maximum number of people at nonessential indoor or outdoor gatherings is limited to 25 people maximum.
  • Businesses can remain open but for restaurants there is a maximum of four people per table for both an indoor and outdoor dining.
  • Schools can remain open but there must be mandatory weekly testing of students and teachers/staff for in-person settings.

Stein said that Genesee County will be reaching out to various government agencies and business partners to urge the community to step up their vigilance in wearing masks, maintaining appropriate social distancing, hand washing and other common sense things to prevent further spread of the virus. The County is asking these partners to spread the message through email and social media channels.

“The key thing at the moment is similar to what we experience with the cold and flu season and that is people feeling compelled to go out if they are not feeling well,” Pettit said. “If you feel ill in the slightest, then please do not go out or to work and contact your physician immediately in order to schedule a test.”

With the Thanksgiving and Christmas holidays right around the corner, the temptation of larger gatherings particularly of family and friends who travel from outside the region poses another way of how the infection rate can spread.

“Cold and flu season is here, and eventually bad weather will force people to gather inside which is a recipe for the spread of the virus and this becomes even more concerning with the holidays right around the corner,” Stein said. 

Testing locations in Genesee County can be found here.

Gas leak at construction site on East Main Street, Batavia

By Howard B. Owens

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A worker apparently severed a two-inch gas line at 556 E. Main St. in the city, the site of an affordable apartment construction site this afternoon. It caused a gas leak that required from seven to 10 businesses and residences to be evacuated.

Chief Stefano Napolitano said National Fuel crews are working to seal off the pipe on both the east and west ends of the line. It was a two-inch line inside of an older four-inch line. Napolitano didn't have an estimate for when the gas will be shut off.  

Thirty minutes ago, the odor of natural gas was still strong in the air and you could hear the hissing of the leak.

The roadway is partially blocked.

UPDATE 2:24 p.m.: City assignment back in service.

Trailer fire reported in Pavilion

By Billie Owens

A trailer fire is reported at 7660 Telephone Road, Pavilion, well off the roadway. A propane tank is near the trailer. Pavilion Fire Department is responding and mutual aid from Le Roy is requested. It started after a pile of leaves was ignited. 

It's east of South Street Road, and west of Asbury Road. It's a working structure fire.

Exterior crews only are also called from Bethany and Stafford.

UPDATE 2:23 p.m.: Caledonia and York fire are also on scene. Asbury Road is closed at Telephone Road (Route 20). They have water on the blaze and are going to hook into a hydrant on South Street Road.

UPDATE 2:28 p.m.: The Le Roy fire auxiliary is being contacted to bring drinking water to the firefighters.

UPDATE 2:38 p.m.: The American Red Cross is called for the displacement at least three residents. National Grid is called to the scene.

Zoning change opens a road for public garages to operate in Industrial zones with special use permit

By Mike Pettinella

Now that the Batavia City Council has passed a resolution amending the city’s municipal code to allow public garages in I-1 (Industrial) zones, the catalyst of what turned out to be a drawn-out process says his plan to place an auto repair shop on his property is on hold.

“I lost my tenant, so at this point, we’ll see what happens. But at least it is all set so that somebody could do it and I may very well do it,” said Eric Biscaro, owner of Classic Home Improvements and Armor Building Supply at 653 Ellicott St., in reaction to a development from Monday night’s City Council meeting.

Biscaro approached City Council on Jan. 27 – nine months and 14 days ago – after the Genesee County Planning Board recommended disapproval of his request for a use variance to put up a small two-bay garage behind the Armor side of the facility.

Unfortunately for him at the time, city zoning permitted service stations only in areas zoned Commercial.

He was advised that a zoning modification may be the only way for his wish to come true, and that it would take several months to adopt a Local Law, which would happen only after a series of referrals to city and county planning boards, a public hearing and environmental review.

At that time, Biscaro had someone interested in running a repair shop on the site, but that isn’t the case anymore. But, he’s not ruling it out in the future.

“Now that it is approved, I might start marketing it again to see what I get,” he said. “Still, in any industrial zone now you can do that. I was very surprised that you couldn’t do it in the first place.”

Council’s action last night included the issuing of a negative declaration in accordance with the State Environmental Quality Review Act and passage of an ordinance amending Chapter 190 entitled “zoning” of the City of Batavia Municipal Code to amend I-1 to include public garage businesses by a special use permit.

Council member dissects 'gray areas' of resolution for city to accept Rotary Club grant for youth kayaking

By Mike Pettinella

Batavia City Councilperson-at-Large Robert Bialkowski and Interim City Manager Rachael Tabelski engaged in several minutes of Q & A on Monday night over the particulars of the city’s acceptance of a Batavia Rotary Club/Rotary Foundation grant. It would be used purchase kayaks and related equipment, which then would be “gifted” to Genesee County for use as a youth outdoor recreation activity.

Council, at its Business Meeting at the City Centre Council Board Room, was preparing to vote on the resolution to receive the $6,000 in what Tabelski termed “a pass-through” transaction since the Rotary Club wished to donate the funds directly to the City Youth Bureau.

When Paul Viele, who was running the meeting in place of City Council President Eugene Jankowski Jr., asked for discussion, Bialkowski was ready with a series of questions.

Bialkowski said he was concerned by recent discussions with a couple of county legislators who said they knew nothing about owning anything, stating that “they will just store it for us.”

City Council learned about the resolution at its Oct. 26 Conference Meeting.

At that time, Jocelyn Sikorski, City and Genesee County Youth Bureau executive director, advised Council that the city would “gift” all equipment from the grant – kayaks, kayak launch, paddles and vests – to Genesee County, which will maintain and store it at the DeWitt Recreation Area on Cedar Street.

She also said that county workers will build a trailer for hauling the equipment back and forth.

The resolution stipulates that the city would accept the grant from Rotary for the period of Oct. 1, 2020 through April 30, 2021 “to provide assistance to expand outdoor recreation and STEM (Science, Technology, Engineering, Math) education.”

Fast forwarding to last night, following is the back-and-forth between Bialkowski and Tabelski -- with Viele interjecting his thoughts toward the end of the mini-debate:

Q. Who will be purchasing the kayaks?

A. It will be purchased through the city and then it will be gifted to the county, so we have no liability for the kayaks or the docking.

Q. Why are we giving the county money?

A. When Mrs. Sikorski was here at the last meeting, she discussed that because it is the city Rotary, they wanted to do the grant with the city. But after myself and the county manager looked at it, it will be housed in a county park.

Q. Why are we … transferring the actual funds to the county if we’re buying the kayaks?

A. We’re not transferring the funds, we’re transferring the material after purchase – the kayaks and the docking.

Q. Because the resolution implies we are transferring the funds.

A. No, it will be purchased through the city’s procurement policy. The city will gift the equipment from this grant to Genesee County Parks who will assist with the maintenance and the storage of program equipment once purchased, and they will be responsible for the insurance for that as well.

Q. Then who will own the kayaks?

A. Genesee County. We will not own them.

Q. There seems to be some gray areas here. Who will be instructing in the use of the kayaks?

A. I know the YMCA was a partner in it and when we have youth programming, again through whatever means we do, I think it would be incumbent upon that person to have an instructor there when they bring children out there.

Viele jumped in at that point, stating that “we’re going to buy the kayaks and gift them to the county, very simple.”

Bialkowski pressed on, however, saying that “the county doesn’t know anything about us donating kayaks, and they’ll probably be plastic throwaway kayaks … the inexpensive ones, and the longer they’re in the sun, the shorter the shelf life.”

To which Tabelski replied that Paul Osborn, county parks supervisor/forester, was building a shed and a place to store them.

Q. Who will be responsible to replace them?

A. The city would not be responsible moving forward. We’re basically acting as a pass-through … (for the kayaks) to be housed at the county park, along with the docking system that we discussed at the last meeting that has the handicap accessibility.

Bialkowski said he was surprised the county doesn’t know about this, and Tabelski reemphasized that the vote on the table was to accept the grant, purchase the equipment and give it to the county.

Viele said he was sure the county knows about it.

“They have to know about it, if we’re doing this. They have to know about it, if we’re voting on it,” he said. “Maybe the legislator hasn’t read his email to see what is going on.”

Bialkowski said he didn’t think a couple of legislators would do this, but Viele said since the city is not liable, “don’t worry about it.”

After Bialkowski signified his concern about the status of an instructional program for youth, Viele remarked, “It would be a good job for you. You could teach them.”

In the end, Council voted in favor of the resolution, with Bialkowski casting the lone "no" vote.

Legislature Chair Weighs In

The Batavian contacted County Legislature Chair Rochelle Stein today about this matter and although she wasn’t aware of the details, she indicated that it was likely to come up at the next Human Services meeting, which is scheduled for Nov. 30.

“Basically, this is an opportunity that Rotary wanted to focus onto the city youth recreational program, and it has been working on for well over a year,” she said. “The fact that those kayaks could be donated to the DeWitt park area, it just enhances what we already have going on there and it gives opportunity for the city youth at the same time.”

Stein acknowledged the “fluid situation right now with youth services, (so) we are following our process and our procedure because we certainly want to be a good partner.”

“Everybody has a job to do and we all have steps to take to get to where we need to be,” she said.

When asked about instruction for the youth, she said the county has a kayak program that is run by the Interpretative Center staff.

'I take offense to that.' City Council members reject charges that they don't listen to residents

By Mike Pettinella

Batavia City Council members vigorously defended themselves Monday night after a city resident called them out for not communicating effectively with their constituents.

Sammy DiSalvo, speaking during the public comments portion of the Business Meeting at the City Centre Council Board Room, said he was there to “talk about a larger issue that seems to be facing Council and city government as a whole – the lack of communication from city officials and from Council.”

“Elected officials are meant to represent and listen to citizens, not to ignore what citizens say," DiSalvo said. "Elected officials are meant to represent and listen to citizens, not to pursue personal interests. Elected officials are meant to represent and listen to citizens. This lack of communication from our City government is not acceptable.”

DiSalvo ran against incumbent Council Member Jeremy Karas last week for the unexpired term for Councilman-at-Large, but is trailing by 636 votes pending the counting of absentee ballots.

He gave examples of what he called Council’s “persistent refusal to listen to and communicate with residents” and said it was a “disgrace” that no Council member responded to a woman’s concerns when she spoke a couple weeks ago.

DiSalvo mentioned the problems with the deer committee over the summer and with the City Youth Board.

“These are two committees that Council has put together – both committees that Council decided not to inform of things happening until after decisions were made,” he said. “What’s the point of having a committee if you’re going to make decisions without them?”

He also criticized city leaders for their role in turning the farmers’ market situation “into a media and Facebook fight.”

“There’s also a lack of listening to the community over the construction of where the (new) police station should be and there is a lack of listening to the community over what to do with the mall when the entire community says, ‘Get that thing out of the city’s hands and stop investing money in it,’ and you all want to double-down on it,” he said. “People did not want that mall when it replaced beautiful Main Street back in the late '60s  and early '70s and they don’t want it in 2020.”

DiSalvo said residents have complained to him that no Council members have social media to share their real-time thoughts on Batavia.

“To which I have no response, other than it is much easier to be a mouse and hide than it is to speak out and risk being burned,” he said, before crediting the city for increasing its frequency of posts on its social media site.

Council members, in their responses, rejected DiSalvo’s scathing assessment.

-- John Canale: “I take offense to that Mr. DiSalvo. I listen to my city residents. I listen to the ones who contact me. I don’t go by what I’m reading on social media because I don’t believe most of what I read on social media. My constituents call me, as I am sure they do my colleagues, when they have concerns – or they send me an email or they show up at my front door, my front steps, and believe me that has happened quite often. So, the people that call me, I respond to. If I get an email, I immediately forward it to her to look into it for me and as soon as she gets an answer, she responds back to me and I forward that to my constituent.”

On the police station issue, Canale said Council took the task force’s recommendations and tried to purchase its first choice, but when that fell through, went with another one of its suggested sites (Alva Place parking lot). As far as responding to public speakers, he said he will respond if he has an adequate answer and, if not, will look into the matter further.

-- Paul Viele: “I have to agree with John, With the farmers’ market, we own the property. Why would we buy another piece of land and put the police station on there? That’s common sense. I coach hockey and I coach baseball, I’m all for the youth. When John said we’re not going to cut the youth (programs), we would never do that. And I also take offense to being called a mouse because I’m not on social media. Mr. DiSalvo, you have not a clue of what we do in here. What you do and what you see, when you sit back there, so I take offense to that.”

-- Kathleen Briggs: “I really take offense that I don’t listen to my constituents. I have a lot of problems in my (Fifth) Ward, and I’m telling you that my constituents, they know. They call me Monday through Sunday, anytime, I’ve gotten calls at 8 in the morning, and if I’m not home, I have a machine and they leave a message on my machine and I get back to them immediately and I listen to their concerns, I go to the proper department and I get back to them as soon as I can. I really take offense to the fact that we have someone saying that I don’t listen to my constituents. That’s appalling to me.”

-- Robert Bialkowski: “As far as not responding, I spent three hours on the phone yesterday discussing issues with various people … and today I spent two hours on the phone. Topics of conversation were about the youth bureau. The way it works, citizens are on top of the pyramid. Period. End of story. The individual citizens here, they call the shots. … We’re policy makers. We don’t run the city day-to-day. When it comes to the youth bureau, that’s policy … that’s up to us. And if we make the wrong decisions, then I guess some of us won’t be here in the future.”

He did acknowledge DiSalvo’s concerns about the deer committee, saying it “turned out to be a nightmare for everybody involved, and I apologize for that. It shouldn’t have happened.”

“My bigger concern is that when we use committees and we use boards, let’s treat them fairly and include them into the decision-making process. I don’t like making a decision and then telling the board about it after the fact. My concern is why would anybody even want to serve on boards?”

-- Al McGinnis: “I spent two hours over tea at my house with (Genesee Country Farmers’ Market Manager) Betty Carr talking about the farmers’ market, and Alva Place and the police (station). What a lot of people don’t realize or refuse to realize is that every single member of this Council spends an inordinate amount of time with their constituents in private – either a personal visit or a phone call. We don’t have to speak up in public; a lot of people would like to talk to you privately … which we do on our own time as part of the job.”

-- Patti Pacino: “Here’s what you need to know – I’m not offended in the least. You have the right to say what you have to say, so there you are. I learned from a great person, Mary Pat Hancock, who taught me to let it roll off your back, live with it, not everybody is going to agree. I want everybody to know that I also listen to everybody on Jackson Square, youth bureau, farmers’ market and all that, she said, adding that she is against the city youth programs being run by the YMCA.”

Another public speaker, city resident John Roach, sided with Council members in that they do listen.

“We just had an election and had two different points of view and the other point of view won (Jeremy Karas) by 600-something votes pending the recount of the absentee ballots,” Roach said.

Then he proceeded to give his thoughts on the farmers’ market and the location of a new headquarters for the Batavia Police Department.

“They’re over there at Alva Place by the good graces of City Council. You allow them to be there. They don’t pay user fees, they don’t pay property taxes or anything else,” he said. “And we’re going to put a police station somewhere and I know that wasn’t the first choice, it wasn’t the second choice, but it is the current choice. We already own the property. Environmental issues are going to be a lot less. There are already utilities there. Let the farmers’ market move.”

Roach said it would be unwise for the police department to move into the former JCPenney store.

“Well, that would mean taking property off the tax rolls and they also pay mall maintenance fees. Let the farmers’ market contact the owners of the Penney’s building. Let them pay rent. Let them move into Penney’s. It’s a huge place. Great place for a farmers’ market,” he said. “Why should the city have to foot the bill to relocate the police station somewhere else and maybe pay another $500,000 to buy another piece of property? It just doesn’t make any sense.”

Council member vows not to cut city youth services, assures advisory board that it will be involved

By Mike Pettinella

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If City Council Member John Canale has his way, there is no way Batavia’s youth programming will be cut.

Canale, attempting to allay the concerns of City Youth Board representatives David Twichell and Paula Fischer, said he sees the city’s youth program as “an invaluable gem” and said he would do everything in his power to continue or expand offerings to its young residents.

Speaking at Monday night’s City Council Business Meeting at the City Centre Council Board Room, Canale responded to public comments by Twichell, Fischer and Fischer’s son, Andrew, who are troubled about a proposal to contract with the Genesee Area Family YMCA for city youth services.

Currently, the city has a contract with Genesee County to partially a fund a youth bureau executive director, Jocelyn Sikorski, but a resolution – currently placed on hold by the County Legislature – would dissolve that agreement and compel City Council to devise a new plan for youth services.

“Much like Paula, (who) spoke about the youth programs in the city, I grew up every day of my life as a kid at MacArthur Park on Monday through Friday, all day there except for lunch because when I was a kid, they didn’t provide lunch,” Canale said. “The youth bureau is an invaluable gem that we have here in the city, and I have no intention of decreasing the services the bureau offers.”

Canale said the cost to run the youth programs in the city “is miniscule in the whole budget picture.”

“So, I can assure anybody that is here tonight that is concerned about Council doing away with the youth bureau or doing away with the services that we provide our local youth, I can guarantee if any of my Council colleagues brought that up, I would definitely be dead set against it,” he said. “And I don’t think there is anybody here tonight that is against that.”

He then warned people about reacting solely from what they read on social media as well as The Batavian and another local news outlet.

“Don’t believe everything that you read, number one, and try not to formulate your opinion as to what the City Council’s actions are going to be based upon what you're reading on social media,” he offered.

Canale: No Discussion about Cutting Services

Canale said he didn’t recall any discussion pertaining to doing away with the youth bureau or cutting any services.

“Correct me if I’m wrong. Maybe I misunderstood or missed something, Rachael,” he said, looking at Interim City Manager Rachael Tabelski. “Did Jocelyn not come to us as a county employee contracted with the city to share services? Did she not come to us and request that we cut that contract out?”

Tabelski replied, “That is correct.”

Canale responded that “for some reason, it seems like the public is under the impression that we in the city want to cut that out.”

“And the county manager (Matt Landers) also made public comment that I read that they were going to kind of leave it in our lap first to see what move we made first. I want the public to realize that this was the county that came to the city … and requested that maybe we could discontinue that contract.”

Canale said no decision has been made on the status of the contract with the county, stating that it is at the discussion stage.

“We’re looking at all possibilities and Rachael is looking into other possibilities as well as she approached the YMCA to see what they might be able to do to offer as good of services, if not better services,” he said.

He then aimed his remarks at Twichell and Fischer.

Advisory Board will be Involved

“For whatever reasons, the (Youth) board has not been in the communication circle yet, but I would only assume that at some point when the decisions are going to be made, that we would go to our advisory board and say that these are some of our thoughts (and) what do you guys think?” he said.

Canale urged people to not have a “knee-jerk reaction” to the situation based on social media or news accounts.

“This is all still in the talking stages. Nothing has happened. No programs have been cut,” he said.

The city’s youth center – the Liberty Center for Youth on City Church’s St. Anthony’s campus on Liberty Street – has been closed due to COVID-19 and because the city doesn’t have any youth services employees at this time.

“Maybe, like (Council Member) Rose Mary (Christian) said, 'maybe it’s time to look at that,' ” Canale said. “I don’t know. That should be part of the discussion as well. As things start to open up, we could look at that. Or now, obviously on the rise again with COVID, maybe this isn’t a good time to look at that, I don’t know.”

Youth Programming: More than Meets the Eye

Fischer, a member of the City of Batavia Youth Board for 10 years, said she has “fond memories” of the city parks’ program having attended Kibbe and Pringle parks. She is the director of school-based health programs for the University of Buffalo School of Dental Medicine.

She said she has volunteered during city youth events, providing oral health education and giving out hundreds of toothbrushes and toothpaste to kids and families. She called Batavia a great place to raise a family due, in part, to the services it offers to its young people.

Fischer emphasized that the youth bureau “is more than just the summer rec program -- although the rec program is well-known, serving hundreds of children every summer, providing safe, fun and educational programming – including lunch, which is a big help to many families.”

She mentioned several other events and programs under the city youth bureau, including:

  • The community garden;
  • National Night Out in conjunction with the city police;
  • The Liberty Center for Youth with services provided in conjunction with the YMCA;
  • Programs run by City Church at the St. Anthony’s campus;
  • A partnership with the Batavia City School District for busing to the youth center;
  • Summer safe carnival open to the community;
  • Youth and volunteer awards banquet at Terry Hills Restaurant;
  • A partnership with the Arc of Genesee Orleans for Saturday programs;
  • Visitation at nursing homes and the Senior Center;
  • Open gym nights and grants for summer recreation tennis programs.

“All of these programs provide a sense of pride in the community to the city residents,” she said.

Fischer said she was asking City Council to work with the advisory board to address budgetary issues and “come together to see if there’s a way we can be mindful of the city budget without decimating youth services.”

“A reduced level of service may be appropriate at this time with time to rebuild in the future,” she said.

Youth Board is ‘Open, Willing to Cooperate’

Twichell, the City Youth Board president, extended an invitation to all City Council members “that we are open and we are willing to cooperate with the city, and we are willing as an advisory board to help guide the process.”

“We know … with these COVID restrictions and the tough economic times we’re facing, we know the city is facing great challenges,” he said. “But there are times when we feel that there is somewhat of a disconnect between the board and the City Council.

"I’m here tonight to open and maybe knock down some of those barriers, and tomorrow I will be putting together an email for each and every one of you that will list all of our contact information.”

He then urged Council members to reach out to the advisory board if they have any questions about youth services.

Fischer’s son, Andrew, a former youth board vice president, said he worked for the summer rec program for five years during his summer breaks from Canisius College, where he earned an MBA in Accounting.

“A lot of our youth programs, specifically summer rec, are great ways for youth in our community to interact with one another and interact with the rec leaders,” he said. “It instilled in me a sense of leadership and a sense of empathy toward some of the kids, who obviously were from tougher situations.”

He said it didn’t “sit right” with him when he heard about youth services possibly changing, and noted that he looked at past city budgets on the website and saw that the summer recreation came in below budget last year.

McGinnis Objects to Sending Letter

Prior to Canale’s comments, Council Member Al McGinnis, the city’s liaison to the youth board, said he didn’t get a copy of a letter sent by the youth board to the media last week – a letter that objected to the resolution to terminate the city/county agreement and expressed the viewpoint that contracting with the YMCA instead was a done deal. (Fischer said that McGinnis and the other Council members did receive the letter).

“If you’re an elected or public official and you’re on a board, it is incumbent upon you to make sure that everyone on the board, whether they agree or disagree, knows that correspondence is going out to the public,” McGinnis said. “If not, the public gets confused when they hear two different sets of a thing. When you do it unilaterally, and basically conduct a rogue operation, without informing everyone, it looks bad for everyone concerned.”

He added, “At the time, the board members could have spoken to us at the meeting and said 'here are our points of view – we’d like to make sure that this is heard by the public.' No one is going to censure or stop a report … We owe it to the public to speak with a unified voice, or at least if it’s not unified, everyone gets a chance to say their piece.”

Christian asked how many kids attend the youth center on Liberty Street and if the city had any youth bureau employees at the center.

Tabelski said attendance ranged between 30 and 50 – “sometimes as low as five” – and that the city had no youth program employees, other than Sikorski, who directs city, Genesee and Orleans county youth activities.

“I look down the street and I see tons of kids out there,” Christian said, referring to the Liberty Center for Youth. She also asked about costs should the YMCA get involved.

Tabelski said that, pre-COVID-19, the city and the YMCA each supplied three or four staff members at the center, depending upon the number of children there, and that the YMCA did not charge the city for those employees,

She also mentioned that the city’s program coordinator, Lydia Schauf, recently took another job with the Genesee County Sheriff’s Office.

Could Youth Center Have Stayed Open?

Christian then questioned why the center has been closed for so long while school is in session.

“It was supposed to be because of COVID," she said. "I see people at Walmart, I see people downtown. I see them at the grocery store, I see people here. I see people everywhere in the city. Those kids could wear a mask like anyone else in the city and they, I’m quite sure, would stop anyone from coming in without a mask.

"And I’m quite sure they would be disinfecting that facility for the kids over there. And they’re playing basketball on Tuesday nights and I haven’t heard of a soul from that center who has COVID.”

After Tabelski explained that the city was unable to hire part-timers (due to a hiring freeze) and, as a result, she contacted YMCA leadership to see if that organization could provide youth services in an attempt to cut costs and “also provide the same level of service.”

“I engaged in a discussion with the YMCA if they could staff the center and until we come to any preliminary contract terms, you’ll have nothing (in the form of a resolution) in front of you,” Tabelski said. “At such point, you would have a presentation by the YMCA on the programming that they can provide for us that is the same or better than what we’re providing today at a lower cost to the residents.”

Christian’s response indicated that she wasn’t buying that explanation.

“Yeah, it was mentioned on The Batavian that we have to think of the taxpayers,” she said. “We sure as hell don’t think about the taxpayers when it comes to lights for Ellicott Street over there for the trail, especially when at 4:30 at night it’s going to be dark in the winter time and the summer time around 9 o’clock. We don’t think about salary increases either, now do we?”

At that point, Paul Viele, who was presiding over the meeting in place of City Council President Eugene Jankowski Jr., who was out of town, cut Christian off.

Tabelski: Let’s Give it Another Try

Minutes later, Tabelski directed her comments to Twichell and Fischer, stating that she came to them during an Oct. 27 meeting in “good faith with ideas on our situation and our strategy.”

“And when you attended the meeting, you sat there, you listened to what I had to say, you listened to my ideas, we had great dialogue. And I am willing to continue that dialogue with you. But I prefer we did it in a committee setting and not go around the committee setting with emails and letters outside of the people on that committee and to the media, so we can really achieve something,” she said.

Tabelski credited the youth board for its commitment to the cause, but said “we have to think differently about this.”

“I am willing to come back and sit with you guys. And this time at the meeting, please speak up because when I left that (previous) meeting, everyone was in agreement to the strategy that I was going to look into and bring to Council.”

After she finished, Fischer attempted to present a “rebuttal,” but was told that she was not allowed to do that. 

“Then I will give my rebuttal to the media and you can read it there,” Fischer said.

Following the meeting, Fischer repeated the youth board’s claim that Tabelski had indicated to them that the decision to dissolve the city/county contract had already been made, and that Sikorski had obtained a grant to direct a Safe Harbor program and “wrote herself into that and changed her job description.”

Fischer also said there is someone who was employed by the city at the youth center who is willing to return to work there.

“When Lydia resigned, they didn’t feel like they had to go back and readdress this,” Fischer said. “They said, ‘OK, great, everybody is gone, and now we can really go and outsource youth services.' ”

She said the youth board is “leery about that.”

“They outsourced the county youth director, and look where we are,” she said. “And I don’t think we’re going to have the same quality of services – and it was our feeling that we had to let the community know.”

Photo: City Youth Board members David Twichell and Paula Fischer speaking to the media following Monday night's City Council meeting. Photo by Mike Pettinella.

City Council meeting disrupted while City fire checks unusual odors

By Howard B. Owens

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Two local reporters, including The Batavian's Mike Pettinella, detected unusual odors at City Hall this evening just as Monday's City Council meeting was about to start.

The reporters alerted the firefighters in the hallway who were there to check the temperatures of people entering the meeting and the firefighters agreed the odors were suspicous.

City fire was dispatched for the smell of natural gas.

Capt. Bob Fix said firefighters determined the odors were a combination burning leaves nearby and a cleaning solution being used in the adjacent dental office. There was no natural gas detected in City Centre by meters used to detect the gas.

Photos by Mike Pettinella.

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Since Friday, 43 new COVID-19 cases reported in Genesee County

By Press Release

Press release:

New Cases – As of 2 p.m.

  • Genesee County received 43 new positive cases of COVID-19.
    • Due to the volume of positives, further information will be updated tomorrow.
    • Staff are working on contact tracing.
    • The Genesee County Health Department was notified of two positive teachers at Jackson Primary School. The individuals have been placed under mandatory isolation where they will remain until they have recovered. Contact tracing is in process to identify close contacts. Out of an abundance of caution, Jackson Primary School will be 100-percent remote virtual learning until Monday, Nov. 30.
  • Orleans County received 18 new positives case of COVID-19.
    • The new positive cases reside in Albion, Yates, Shelby, Barre, Gaines, Clarendon, Murray, Kendall and Ridgeway.
    • The individuals are in their 0-19s, 20s, 40s, 50s, and 60s.
    • Three of the individuals were on mandatory quarantine prior to testing positive.
    • Six of the previous positive individuals has recovered and has been removed from the isolation list.
    • The Health Department has been notified of a positive student at Lyndonville High School and a positive student at Medina High School. The students were not on mandatory quarantine prior to testing positive. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.
    • We are deeply saddened to report we have had an Orleans County community member pass away due to COVID-19. The individual was over 65 years old. Out of respect for the family, we will not release any further details about this individual. We send our deepest condolences to the family and friends of this person and encourage our community members to be respectful of the family’s time of grieving.

Today’s map will not be updated due to limited data.

Click here to view the Genesee and Orleans County online map of confirmed cases.

A reminder the numbers listed as positive/active are current community cases. The recovered numbers are only for community cases and do not include non-county regulated facilities. The total positive cases includes community active/positive, community recovered and all those from non-county regulated facilities.

45-year-old Batavia resident identified as victim in fatal accident on East Main Street

By Howard B. Owens

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A pedestrian who was struck while crossing East Main Street on Friday night has been identified by Batavia PD as 45-year-old Casey Nutting, of Batavia.

Nutting, according to witnesses, was running across the street, about 50 yards east of Liberty Street, from south to north when he was struck by a minivan.

The driver of the minivan, whose identity has not been released, has not been charged and police said no charges are anticipated.

Previously: Car vs. pedestrian accident reported in the city at East Main and Summit

'That's a start' says farmers' market treasurer in response to phone call from City Council president

By Mike Pettinella

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The treasurer of the Genesee Country Farmers’ Market, which recently concluded its 46th season providing locally grown produce and other food items, today said that Batavia City Council President Eugene Jankowski Jr. has reached out to her to set up a meeting in the near future.

“That’s a start,” said Sharon Brent, speaking by telephone from her Middleport home. “Mr. Jankowski said that (Interim City Manager) Rachael (Tabelski) would be contacting me.”

Brent is owner of Schwab Farm Market in Gasport and has been involved with the farmers’ market since its inception.

The future location of the public market is unclear in light of the fact that the city is looking at the Alva Place parking lot as the desired site for a new headquarters for the Batavia Police Department.

The farmers’ market has operated at that location since 2016, when it entered into an agreement with the Batavia Downtown Business Improvement District to have one large market at one location – instead of two or more sites in and around the city.

Prior to that, the market was located at the Kmart parking lot for about a decade before moving to a lot at Batavia Downs from 2006 through 2015.

Previous reports that the market moved 11 times in 15 years referred to its early years, not recently, Brent said.

“We originally started in front of Super Duper, where the (Tonawanda Valley Federal) credit union is now and we used to be right where Wendy’s is, in the Angotti’s (Beverage Corp.) parking lot and way behind the (former) Engine House Restaurant – near a skating place on some gravel,” Brent said. “That was the reason we left the city and went out to Kmart and the Downs, because we wanted a stable location.”

Brent said the only reason the market returned to the city is because the BID requested a consolidation – with the stipulation that there would be just one market at one location.

“The BID used to run the farmers’ market that was on Thursday at Angotti’s and then they moved to Alva Place, and it was run by volunteers,” Brent recalled. “(Former BID Director) Don Burkel approached us and proposed Downtown Batavia Public Market in one location. He said we can’t be at the Downs and at Alva Place.”

So, the area vendors hit the road to Batavia on three days (Tuesdays, Thursdays and Fridays) instead of the two they spent at Batavia Downs, Brent said.

She said that after a couple years, BID officials asked the GCFM to “run all aspects of the farmers’ market as it was getting difficult to find volunteers.”

“Of all the locations over the 40 some years, that (Alva Place) still has been the best place as far as ability for people to get to,” she said. “It has anything that you as a business owner would like in a location and it fit all of those things.”

Brent said that five years ago, there never was a discussion about a police station going there.

“That was never brought up,” she said.

Things have changed since then, however, as the city has enlisted Architecture Unlimited LLC, of Williamsville, to conduct a feasibility study into the construction of a new police facility on the lot north of Alva Place and west of Bank Street.

Brent said the GCFM board of directors is “definitely open to other options” and welcomes the opportunity to provide input to city officials.

“It is what it is. I’ve done well. I run a good business and have done well no matter where I’ve been,” she said. “But, as far as the residents of the city, to me they should have a voice in what they would want.”

Business Improvement District representatives said their organization continues to support the farmers’ market and they understand why Brent and her colleagues wish to stay at the Alva Place lot.

“We see the value in it and we support the public market,” BID President Don Brown said. “To us, it is an event Downtown that brings people Downtown, but it’s not a BID event. They’re their own entity.”

Brown called the Alva Place site “a fabulous location and they’d be crazy not to want that.”

“My perception of the situation is that this has been a long-term plan for the police station – it has been going on for several years here," he said. "They’ve had all kinds of studies and votes, and all kinds of ideas of where to put it and why to put it.

"The public market was never going to be there permanently from what I recall, unless they were going to build a building …if they got the DRI (Downtown Revitalization Initiative) money and the BID wanted to bond something like that.”

Brown said the BID spent $25,000 on a feasibility study in an unsuccessful application for a DRI award.

“We didn’t get it; so, the BID definitely decided that they didn’t want to bond it," he said. "It was too much and they couldn’t tell us how much traffic the market was going to bring or whether the market was going to quadruple. So, why create another tax for something that we’re unsure of. That was the long side of that.”

BID Executive Director Beth Kemp, who sits on the GCFM board, noted that her agency is not as involved as it was in the past, but “we definitely support them as with any event that happens in the downtown.”

“We understand the vitality that a public market brings to the Downtown, and we’re here to assist in any way,” she said. “We don’t want to see the public market go away from Downtown, and we’re eager to come up with other options if that’s the way it has to go. I know that our board has tried to generate a couple of alternative ideas, but so far nothing substantial.”

Kemp said the consensus of GCFM directors is that they wish they could stay put.

“Yes, ideally they love that location, they love the demographics that they serve which has increased since they’ve been there and the walkability,” she said. “Out of all their locations, that is the most ideal; that is the one they love the most.”

File photo of Genesee Country Farmers' Market by Howard Owens.

Law and Order: Batavia man accused of stealing from Kohl's then fleeing with child on a pair of bicycles

By Billie Owens

Jason Ray Anderson, 39, of Batavia (no address provided), is charged with petit larceny, possession of burglar tools, and endangering the welfare of a child. Anderson was arrested on Nov. 7 after allegedly stealing items from Kohl's department store on Veterans Memorial Drive. He is accused of fleeing the scene on a bicycle while having a 6-year-old child flee with him on a separate bicycle. He was issued a ticket to be in Batavia Town Court on Dec. 3. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Jacob Gauthier.

Shawn Philip Wolcott, 38, of South Main Street Road, Batavia, is charged with second-degree menacing and criminal possession of a weapon in the fourth degree. On Nov. 7 at 1:19 p.m. on South Main Street Road, Wolcott was arrested after allegedly possessing a curved knife blade and menacing a victim, causing fear of physical injury. He was held in Genesee County jail until his arraignment at 7 p.m. The case was handled by Batavia Police Officer Jacob Gauthier.

Salvatore Paul Scarlata, 36, of Ladue Road, Sweden, is charged with disobeying a court mandate. He was arrested Nov. 5 on an arrest warrant for second-degree criminal contempt. It is alleged that at 11:55 a.m. on Oct. 10 on Main Road in Stafford that Scarlata violated an order of protection. The defendant is accused of fleeing the scene before responding patrols arrived, and an arrest warrant was issued. He was arraigned then given a return date of Nov. 12 for Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Tyler John Griffin, 20, of Amherst, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- first offense; moving from lane unsafely; and speed not reasonable and prudent. Griffin was arrested following a rollover acccident on East Road in the Town of Bethany at 12:06 a.m. on Nov. 7. Griffin was issued an appearance ticket and is due in Town of Bethany Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy David Moore.

Lawrence Donnell Williams Sr., 60, of Ross Street, Batavia, is charged with criminal possession of a forged instrument in the second degree, a Class D felony. On Oct. 6, the Genesee County Sheriff's Office received a report of a counterfeit $100 bill at a store on Veterans Memorial Drive. Following an investigation, it is alleged that Williams knowingly presented the money as if it were real U.S. currency to pay for a transaction at the store at 12:12 p.m. on Oct. 4. He was arrested, arraigned virtually in Genesee County Court, then released on his own recognizance. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sheriff's Investigator Kevin Forsyth.

Katherine Jeanne Briggs, 41, of South Main Street, Batavia is charged with criminal possession of stolen property in the fifth degree and possession of switched license plates. At 12:49 p.m. on Nov. 6, a Genesee County Sheriff's patrol car equipped with a license plate reader received an alert of a stolen license plate. The status of the suspected stolen plate was allegedly confirmed through a registration check and the motor vehicle was stopped on Route 33 in the Town of Stafford. Briggs was identified as the operator of the vehicle. She was transported to Genesee County jail for processing and photographs and released with a ticket to appear in Stafford Town Court on Dec. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Robert Henning.

Benjamin Gobe Evans IV, 32, of Federal Drive, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Federal Drive, Evans was arrested after allegedly going to a gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Nicholas Chamoun.

Joey Aaron Evans, 30, of State Street, Batavia, is charged with third-degree criminal trespass. At 4:35 p.m. on Nov. 6 on Park Road, Batavia, Evans was arrested after allegedly going to the Citgo gas station where he is no longer allowed. He was released with a ticket to be in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

City of Batavia announces enhanced COVID-19 protocols for facilities and public meetings

By Press Release

Press release:

Effective today, Monday Nov. 9, all City facilities and meeting rooms will be closed to the public in light of increased in COVID-19 positive cases in Genesee County.  

Facilities that will remain open for public business include the following:

  • City Clerk’s Office
  • DPW Administration/ Inspection Bureau 
  • Yard Waste Station

At this time, City Council meetings, Planning & Development Committee meetings and Zoning Board of Appeals meetings will remain as in-person meetings held in the Council Chamber with minimal City staff attending. The meeting will remain open to the media and public.

Anyone attending the meeting will be subject to enhanced screening protocol.

  • The City Fire Department will screen all persons entering the facility.  
  • Screening will be conducted on the second floor of City Hall in the Community Room.
  • Anyone who does not pass the temperature and symptom screening, or refuses to screen will not be allowed to enter the Council Chamber. 
  • All members of the public, and the media, need to remain masked at all times. 
  • Enhanced cleaning will continue to take place. 

Thank you for your continued support and cooperation as we all work together to keep Batavia safe.

Grant applications being accepted for 2021 Ralph C. Wilson Jr. Legacy Funds

By Press Release

Press release:

The Community Foundation for Greater Buffalo is now accepting applications for the 2021 Ralph C. Wilson Jr. Legacy Funds competitive grant process.

The Ralph C. Wilson Jr. Foundation established endowment funds at the Community Foundation for Greater Buffalo to provide annual support for programs and initiatives that reflect the personal passions of Wilson. Grants will support the following areas of interest:

Caregivers

Support caregivers –whether paid, voluntary or family – of persons who are unable to fully care for themselves and are part of an underserved community. Preference will be given to organizations or projects that provide support to caregivers of older adults. 

Requests must address at least one of the following objectives:

  • Increase opportunities for caregivers to take advantage of resources.
  • Support operating expense of the applicant organization. 

Community Assets

Support significant cultural and historic assets and/or increase access to long-term arts instruction for youth. 

Requests must address one of the following objectives: 

  • Increase access to long term arts instruction for children and youth living in under-resourced communities. 
  • Restore and leverage significant historic buildings and architectural landmarks, with a preference for sites that promote cultural tourism.
  • Support operating expenses of the applicant organization. 

Design and Access

Support enhancement of community access to spaces and programs that support healthy living. Requests must address one of the following objectives: 

  • Support for preplanning, development and/or construction. This may include projects related to increasing the walkability and bikeability of local communities, and improving waterways, greenways and recreation corridors. 
  • Support operating expenses of the applicant organization. 

It is a preference but not a requirement that these projects: 

  • Incorporate green design to be environmentally sustainable.
  • Incorporate universal access design to serve people of all abilities.
  • Please note: Large sports facilities are not of interest.

Youth Sports

  • Provide opportunities for all children to be active through sport. Requests to build collaborations among organizations are encouraged. Requests for projects should include the following objectives from the State of Play WNY Report:

  1. Ask kids what they want.

  2. Reintroduce free play.

  3. Encourage sport sampling.

  4. Revitalize in-town leagues.

  5. Think small.

  6. Design for development.

  7. Train all coaches.

  8. Emphasize prevention. 

Grant requests should range between $10,000 and $25,000 for Caregivers, Community Assets and Youth Sports. Design and Access requests should range between $10,000 and $50,000.

Funds will be released after grant requirements and obligations have been signed and returned. 

For Caregivers, Design and Access, and Youth Sports, 501(c)(3) nonprofit organizations that meet the guidelines described above and reside in Western New York may apply for a grant. Western New York is defined as Allegany, Chautauqua, Cattaraugus, Erie, Genesee, Niagara, Orleans and Wyoming counties. For Caregivers, Design and Access and Youth Sports, government agencies also may apply. For Community Assets, only 501(c)(3) nonprofit organizations that reside in Erie County may apply.

Applications are due Dec. 4, at 4 p.m. Decisions will be made in May.

A virtual information session for all areas of interest will be held from 12 to 1 p.m. on Tuesday, Nov. 17. Additionally, there will be an evening virtual session for Youth Sports first-time applicants from 7 to 8 p.m. on Monday, Nov. 9.

To register for information sessions, learn more about deadlines and eligibility, and to apply, please click here.

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