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Press release:

Come and experience the 20th annual Wonderland of Trees, sponsored in part by WBTA! The opening gala will occur on Friday, November 19th from 6:00 to 8:30 pm at the Holland Land Office Museum. This year's theme to honor this milestone year is "Through the Years." Visit the museum to see all the wonderfully decorated trees and displays by local businesses and organizations. This year's opening gala will feature many great gift baskets to win and a Silent Auction. The night will also feature holiday music by the Genesee Symphony Orchestra and hors d'oeuvres provided by the D & R Depot. Tickets for this event are on sale at the museum. Tickets are $15 per person/ $10 for museum members and $5 for children under 12. For more details contact the museum or visit www.hollandlandoffice.com.

The Wonderland of Trees will run through the end of December. The basket raffle winners will be drawn Friday, December 17th. Further holiday events will also be held throughout the season. If you would like to participate by decorating a tree or contributing a basket, or general sponsorship, please contact the museum or visit www.hollandlandoffice.com.

Press release:

Notre Dame High School will be honoring the Hall of Fame Class of 2020 & 2021 Inductees during the annual Sports Night Dinner on Saturday, November 13, 2021. The event was not held last year due to covid, so both year’s inductees will be honored at this year’s event.

The 2020 Inductees are: Ron Francis ’67, Gary Conte ’69, Caitlin Fix ’01, Jessica Cocco Paulin ’05, “The Foundation” (which includes early years ND All Stars Jerome O’Grady ’55, Samuel John Gerace ’55, James Sullivan ’55, Ron Kosiorek ’55, Frank Ferrando ’56, Vincent Messina ’57, Bill Kelty ’57, Richard Lewis ’58, Patrick Welsh ’58, Michael Welsh ’61), 1968 & 1969 Varsity Golf Teams, and Coach Marc Staley ’20 honorary.

The 2021 Inductees are: Vinny Fanara ’97, Mike Redick ’97, Otis Thomas ’97, Kathryn Redick Thompson ’03, Darci Walthew Pfund ’03, 1978 Varsity Football Team, and 1978 Varsity Girls’ Volleyball Team with special recognition to Donald “Magoo” Suozzi who was an incredible supporter of Notre Dame High School students and the athletic program for over 50 years!

The first Annual Bill Sutherland Humanitarian of the Year Award will also be presented to Dr. Joseph Scanlan ’65. Beloved teacher and coach, Bill Sutherland, passed away in 2020 and his family has created this award to honor someone who helps people behind the scenes.

Notre Dame Hall of Fame recognizes inductees for their outstanding athletic contributions while at ND.

For bios of inductees, click here.

Friday’s meeting with the engineering firm representing the City of Batavia -- coupled with continued progress on completion of a new pretreatment facility – is giving O-At-Ka Milk Products Chief Executive Officer Bill Schreiber hope that wastewater restrictions placed on the Cedar Street processing plant will come to an end in the near future.

“Our technical team had a good exchange of information with the city and their engineering firm (GHD Group of Buffalo) this afternoon,” Schreiber said in an email to The Batavian. “The team presented several options we think will assist in elevating dissolved oxygen levels in the lagoons (at the city’s Waste Water Treatment Plant) and support recovery.”

In the meantime, O-At-Ka officials have been hauling wastewater to other locations on a daily basis for several weeks – currently at an average cost of $13,000 to $15,000 per day, Schreiber said.

This became necessary when City of Batavia leaders determined that the dissolved oxygen levels in the ponds were insufficient and not in compliance with the State Pollutant Discharge Elimination System permit that regulates O-At-Ka. As a result, the city issued a cease-and-desist order to the plant, which is owned by the Upstate Niagara dairy farmer cooperative.

Schreiber and John Gould, Upstate Niagara chairman of the board, have been calling for a meeting with city engineers and the New York State Department of Environmental Conservation to forge a “three-party solution.”

While the DEC apparently was not involved in Friday’s discussion, Schreiber said that engineers working with the city “have indicated they will consider what was presented and we hope to have further discussion next week.”

Work on getting its new pretreatment plant up and running is on schedule, Schreiber said, adding that Nov. 15 is the target date to begin seeding and flow to the new Moving Bed Biofilm Reactor.

“The media for the new MBBR has been received,” Schreiber said. “The blower mechanical and electrical installation is complete, and pre-commissioning and walk through for the blowers is planned for November 8^th.”

He said the company also is acquiring an additional Dissolved Air Flotation – not part of the original design -- to augment the existing unit, facilitating a process that removes solids before the wastewater enters the MBBR and reduces the load.

Calls to City Attorney George Van Nest, who is speaking on behalf of the city regarding this situation, were not returned at the time of the posting of this story.

Photo at top: The new Moving Bed Biofilm Reactor with the media for it on the ground to the left of the structure; Photo below: An inside view of the MBBR. Submitted photos.

Previously: City attorney: WWTP levels are heading in right direction; O-At-Ka has to abide by conditions of permit

UPDATED with additional information from the trial.

An arson and attempted murder case dating back to 2018, beset by numerous delays -- including the 2020 pandemic -- has reached a resolution after a jury trial this week of Plush Dozier, 24.

Dozier was convicted by the jury this afternoon on both counts.

First-degree arson is a Class A-1 felony. Second-degree attempted murder is a Class B felony.  Under New York's penal law, both sentences must run concurrently.

Dozier intentionally set fire on June 15 to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

First Assistant District Attorney Kevin Finnell, who prosecuted the case, indicated the conviction came on the strength of a confession by Dozier the night of the fire. At the fire scene while fire crews were still battling the blaze, Dozier approached Officer Arick Perkins and admitted to starting the fire. He later made a tape confession that included method and intent. Those details were corroborated through additional investigation and statements by occupants of the home.

During the drive, Lt. Micahel Morris, City Fire, provided testimony that helped secure the conviction.

During deliberations, the jury asked for a replay of the video of Dozier's confession and also asked for a readback of a portion of the testimony of one of the children who was home at the time of the fire.  

Finnell said the jury deliberated for more than two hours before returning a verdict.

Among the delays in the case was a September 2019 mental health evaluation that ended in a determination that Dozier was mentally fit to stand trial.

While in custody, Dozier allegedly damaged the door of a Sheriff's patrol vehicle and menaced an officer.  He also is accused of kicking out a plate glass window at the jail in a separate incident.

For previous coverage, click here.

The Batavia High Blue Devils varsity football team opened the Section V Class B playoffs tonight with a dominating 35-0 victory over the visiting Newark/Marion Reds at Van Detta Stadium.

The second-seeded Blue Devils will host No. 3 Wayne at 7 p.m. next Friday in the semifinals.

Batavia scored on all but two of its possessions.

QB Jesse Reinhart was 8-12 passing for 152 yards and two TDs. He was intercepted once. He also gained 32 yards on the ground on four carries.  

Cam McClinic gained 94 yards rushing on three carries and scored twice. Aidan Anderson rushed 11 times for 71 yards and scored a TD.

Cole Grazioplene scored once on five receptions for 76 yards.  Jagger Owens caught a 40-yard TD pass.

On defense, Kaden Marucci had nine tackles.

Also on Friday:

Alexander 45, Geneseo 0. The Trojans gained more than 300 yards on the ground. Braydon Woods gained 128 yards on 17 carries.  Nick Kramer gained 91 yards on ten carries.

Le Roy 7, Attica 3. Brock Flint rushed for 38 yards on 14 carries. John Penepento, four runs for 21 yards and a TD.  He was also 2-7 passing for 34 yards. Jack Tonzi had 13 tackles and Tyler Strollo, nine.

Pembroke 34, Sodus 0. In eight-man football, Tyson Totten gained 136 yards on 19 carries and scored three touchdowns. Caleb Felski, seven carries, 100 yards and a TD. Cayden Pfalzer, 3-3 passing for 56 yards and a TD.  On defense, Pete Farrington had six tackls.

Photos by Jim Burns

A multi-unit residence at North and Ross is suspected of having a small electrical wiring fire "in the wall or something," according to the property owner. All inhabitants were able to safely evacuate the structure. Ross Street is closed south of North Street.  

A rollover accident with a pole and lines down is reported in the area of 5414 Ellicott Street Road.

The vehicle is smoking.

The driver was trapped but a first responder was able to get the door open and the driver was able to self-extricate.  Minor injuries.

Bethany Fire and ambulance responding.

UPDATE 6:54 p.m.: Traffic is partially blocked. Traffic control is requested.  

It’s not exactly trying to “steal the election,” but the removal of a couple political signs supporting Erica O'Donnell in her bid for an at-large seat on Batavia City Council has an Ellicott Street resident hopping mad.

Diana Kastenbaum is reporting that both of her O'Donnell for City Council yard signs – one on Ellicott and one on Richmond Avenue -- were stolen in the last 24 hours.

“And it’s not even Halloween yet,” she stated in an email to The Batavian.

O’Donnell is the lone Democratic Party candidate in a four-person race for three at-large positions. She is running against incumbent Republicans Eugene Jankowski Jr., Robert Bialkowski and Jeremy Karas.

“The Republican signs for Council are all still standing on Ellicott.  This has happened in the past to Dem signs, but not the Republicans signs in the City of Batavia,” Kastenbaum said.

“Someone left a note in my mailbox today to say Erica's signs were no longer in my front yard. I didn't notice if they were there this morning, but when I came home from work only the stakes were left.  Of course, I will replace them, but every year we have to deal with this nonsense and no one seems to do anything about it.”

When informed of Kastenbaum’s predicament, Jankowski said he could understand why she would be annoyed.

“I don’t understand what people gain by that,” he said. “I know that in past elections, a few of my signs went missing.”

He also theorized that it could be an O’Donnell supporter who wanted a sign to put up somewhere else.

“I mean, in a couple of days, they’ll all be coming down so if you want one, just ask and you can get one for free,” he said.

Assistant Police Chief Chris Camp said that the Batavia PD has received no reports of political signs being removed from yards in the city thus far this election season.

Photo from yesterday Joanne Meiser.

While falling short of the $3 million predicted by Western Regional Off-Track Betting Corp.’s chief financial officer, the 2021 third quarter nevertheless turned out to be a record three-month period at Batavia Downs Gaming.

WROTB’s 17 participating municipalities will be receiving $2,518,587 in earnings from July, August and September and another $62,729 in surcharge in September, according to figures released Thursday by CFO Jacquelyne Leach.

"We fell short because we were able to come to an agreement with the Batavia Downs Gaming Union to provide a much deserved bonus and wage adjustment to our gaming union employees," Leach said.

Furthermore, illustrating the facility’s recent surge in activity, earnings and surcharge distributions of $4.4 million for the first nine months of 2021 are $1.2 million more when compared to the first nine months of 2019 -- a 39.48 percent increase, Leach reported.

Genesee County will be receiving $53,393 in earnings from the third quarter and $1,090 in surcharge from September. For the year, the combined amount going to Genesee is $93,344 – up from $71,287 for the same period in 2019.

The years 2021 and 2019 were used since 2020’s earnings were adversely affected by COVID-19.

The third-quarter numbers for the other GLOW counties are as follows:

Livingston -- $57,738 in earnings and $1,129 in surcharge (September);

Orleans -- $37,144 and $634;

Wyoming -- $36,771 and $671.

Surcharge and earnings distributions for the other GLOW counties for 2021 are as follows:

Livingston -- $100,232 (up from $77,427 in 2019);

Orleans -- $63,187 (up from 51,822 in 2019);

Wyoming -- $63,382 (up from $49,969 in 2019).

Press release:

On October 29th students at Jackson Primary celebrated Halloween along with other fun fall activities during our second annual “Community Helper Day.”  We also provided fun alternate activities for those who do not celebrate Halloween. 

Students came dressed in their costumes for Halloween and paraded outside to visit the community helpers and their respective vehicles in the bus loop. Students were able to see real-life community heroes dressed in their everyday uniforms. 

These community helpers devoted their time to hand candy and goodies out to students at Jackson Primary. The community helpers included an EMT from Mercy Flight, Town and City of Batavia Fire Departments, New York State Troopers, Genesee County Sheriff's Deputy, Pastor Roula from First Presbyterian Church, Bruce Scolfield from Scofield Roll-Off Services, Rachael Tabelski, City Manager who organized The Department of Public Works, First Student of America bus transportation, Kyle Heassler, P.A. from Three Little Birds, Fay Fuerch and K9 Handley from the NYS DEC, Community Schools and Board of Education members John Reigle, Jennifer Lendvay and Michelle Humes. Prior to the event, students learned about who community helper was and why they are important in our community. We felt it was important for students to know that when they choose a costume of a community helper, now they see a real HERO.

The Batavia Police Benevolent Association and Firefighters Association each donated a bike to be raffled off to two Jackson Primary students for “Spooktacular” behavior. We would also like to thank McDonald’s for their donation of ice cream and apple slice coupons.

Jackson has had a long-standing partnership with the First Presbaratyian Church and they provided cider and treat bags for the students. Tim Horton’s also provided over 1000 TimBits. 

We are so thankful these community helpers took the time out of their busy schedules to educate students about potential career choices. We look forward to continuing to deepen our partnership with these community helpers in Batavia. We wanted it to be a day the students would not forget! I think together, we accomplished that!!!

Photos by Steve Ognibene.

Press release:

Western Region Off-Track Betting (WROTB) President and CEO Henry Wojtaszek presented representatives from the Breast Cancer Coalition of Rochester (BCCR) with a check for $19,653 to help support their efforts as they support those to have been touched by breast or gynecologic cancer.

On September 10th, a dinner fundraiser to benefit the BCCR was held inside the Clubhouse in conjunction with a night of racing.   The money was raised by several means including the sponsorship of races by individuals and businesses located in Western NY.  Some monies came from the local harness racing community as some owners, trainers, and drivers donated all or a portion of their earnings from the busy September 10th race card. Through the dinner, donations, several raffles, and auctions for items, the event raised $19,653.

“We are honored to host an event that raises awareness and funds for the BCCR,” Wojtaszek said. “Their hard work not only funds research but does so much more.  The BCCR holds educational and supports events so that members of the community can come together to learn and receive support.   The BCCR advocates for legislation at the local, state, and national levels to help further along with funding in the search for a cure.  This year the event held onsite was a success due to the hard work of their staff and ours.”

“On behalf of the BCCR, I am astounded by this tremendous support, especially this year as we continue to cope with the fallout of COVID-19,” said Holly Anderson, Executive Director and CEO of the BCCR. “Though it is Breast Cancer Awareness Month, we feel the support from the Batavia Downs community all year long. They entrust their friends and family members to us, assist us in making important connections within their community, and stay in touch with us on an ongoing basis. Breast cancer takes much more than “awareness”. It needs ACTION. Our friends at Batavia Downs walk the talk.”

Photo by Alecia Kaus

A motor vehicle accident involving two, and possibly three cars is reported in the area of 6435 Ellicott Street Road, Pavilion.

One vehicle possibly in a ditch, another blocking. 

One caller complained of back pain. Any other possible injuries are unknown.

Pavilion Fire and Mercy EMS responding.

UPDATE 11:17 p.m.: Mercy Flight won't be required. There is an ambulance from out of the area that came upon the scene and is assisting but the scene commander said he still requires two more ambulances.

UPDATE 11:18 p.m.: All occupants are out of the vehicles. No entrampments.

It was a rare sunny fall day so this afternoon, I took Nellie Bly (my dog) to Genesee County Park -- one of my favorite places in the county -- for a walk and some pictures.

Press release:

The City of Batavia will observe Halloween activities until 8:00 PM on October 31st only.

Below are some tips to keep everyone safe, Have a Safe and Happy Halloween!

Walk Safely 

• Cross the street at corners, using traffic signals and crosswalks. 
• Look left, right, and left again when crossing, and keep looking as you cross. 
• Put electronic devices down and keep heads up and walk, don’t run, across the street. 
• Teach children to make eye contact with drivers before crossing in front of them. 
• Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to the left as possible. Children should walk on direct routes with the fewest street crossings. 
• Watch for cars that are turning or backing up. Teach children to never dart out into the street or cross between parked cars. 

Trick or Treat With an Adult 

• Children under the age of 12 should not be alone at night without adult supervision. If kids are mature enough to be out without supervision, remind them to stick to familiar areas that are well lit and trick-or-treat in groups.  Keep Costumes Both Creative and Safe 
• Decorate costumes and bags with reflective tape or stickers and, if possible, choose light colors. 
• Choose face paint and makeup whenever possible instead of masks, which can obstruct a child’s vision. 
• Have kids carry glow sticks or flashlights to help them see and be seen by drivers. 
• When selecting a costume, make sure it is the right size to prevent trips and falls. 

Drive Extra Safely on Halloween 

• Slow down and be especially alert in residential neighborhoods. Children are excited about Halloween and may move in unpredictable ways. 
• Take extra time to look for kids at intersections, on medians, and on curbs.  - Enter and exit driveways and alleys slowly and carefully. 
• Eliminate any distractions inside your car so you can concentrate on the road and your surroundings. 
• Drive slowly, anticipate heavy pedestrian traffic, and turn your headlights on earlier in the day to spot children from greater distances. 

Domique Sinclair Betantourt, 19, of Wilkins Street, Rochester, is charged with trespass. Betantourt is accused of being on the GCC campus after being banned from the campus following an earlier incident.  She was released on an appearance ticket.

Anthony Joseph Maye, 21, of Bovee Road, Begen, is charged with DWI, driving with a BAC of .08 or higher, inadequate plate lamp, and refusal to take breath test.  Maye was stopped at 3:02 a.m., Oct. 23, on Clinton Street Road, Stafford, by Sgt. Mathew Clor.

Press release:

Dellinger Avenue from West Main Street (NYS Rt.5) to Washington Avenue is closed to all traffic for a utility repair.  The closure is expected to be in place for the day.  Residents of Dellinger Avenue South of #11 Dellinger Avenue should access their property from West Main Street.  Residents North of #11 Dellinger Avenue should access their property from Washington Avenue.

All motorists that regularly use these streets are asked to seek alternative routes while the closures are in place.   

UPDATE: The road has reopened.  

Depending upon the closing date of the home that she and her daughter, Raelene, have purchased on Holmes Avenue, Rose Mary Christian is about to close the door on a nearly 30-year career as a member of the Batavia City Council.

Because Christian (in file photo above) is moving from her Williams Street home of 22 years in the Sixth Ward, which she represents, to the First Ward, she will be ineligible to continue on the governing body.

“I would think that we will close on the house within a month,” she said earlier this evening.

If the transaction is finalized before Council’s next meeting on Nov. 8 and Christian is in her new residence, it would mean that Monday night’s meeting was her final hurrah.

During her tenure, she was known for her willingness to speak her mind – ruffling feathers along the way – and fought valiantly to keep taxes down and for her constituents in the Sixth Ward.

The Sixth Ward covers the area south of Main Street and east of Liberty Street, extending to the Genesee County Fairgrounds on East Main Street.

Christian said she will miss the interaction with the residents and her colleagues.

“You know what I’m going to miss is the people in this ward. Am I going to miss Council? Yeah, I’m going to miss some of those people – quite a bit,” she said. “I might have not been able to override them that many times, but I gave it my best. I voted what I believe, you bet I did. And if I voted for four budgets, that’s saying a lot.”

According to the City Charter, someone will have to be appointed to replace Christian and complete her term, which is up for election in two more years, she said,

Christian switched affiliations from Democrat to Republican about 18 months ago, and thinks that could be an issue.

“There will be a problem with it because of the fact that I was a Democrat when I won the last election – and that was my eighth term to be elected,” she said, noting that she served the community for 29 ¾ years.

A check of the City Charter, Chapter 3, Section 3, reads as follows:

“Vacancies in the office of Council member shall be filled by election for the remainder of the unexpired term at the next general election occurring not less than 60 days after the occurrence of the vacancy. Such election to fill a vacancy where it occurs after the last day to file nominating petitions for the primary election shall be filled upon nominations made in the manner provided by law for the filling of vacancies in primary nominations occurring after the primary election.

“Pending such election and qualification of a Council member to fill a vacancy, Council shall fill the vacancy temporarily by appointment of a qualified person who shall be of the same political affiliation as the Council member whose place has become vacant and, if he or she was a ward Council member, a resident of the same ward.

"In the event that Council shall fail to appoint within 30 days after the vacancy, such appointment must be made by the Council President. This appointment must be made within 10 days under the same conditions as to political affiliation and residency noted in the paragraph above."

Going by the paragraph in boldface -- but yet to be confirmed by the city attorney, City Republicans would make the appointment since Christian now is a registered Republican.

Christian said that city leaders have scheduled a farewell party for her on Nov. 22 at City Hall Council Board Room. At the conclusion of that event, which runs from 5:15 to 7 p.m., City Council will present her with a proclamation in recognition of her service.