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Matthew Zakrzewski

A Batavia man accused of starting fires on three different occasions in January entered guilty pleas in County Court Wednesday to counts of arson in each, the second and third degrees. 

Matthew Zakrzewski, 42, is likely to be sentenced to 10 years in state prison on Sept. 14 as part of a plea agreement he accepted.

Zakrzewski was facing several other felonies -- which have not yet been presented to a grand jury for possible indictment -- and without the plea deal could have been sent to prison for up to 25 years.

In court today, Zakrzewski admitted to starting a fire at Washington Towers on Jan. 16, and on the same date, setting a 2009 Jeep Patriot on fire.

As part of the plea, Zakrzewski agreed to pay more than $10,000 in restitution to the arson victims.

His attorney, Fred Rarick, raised a concern about the restitution agreement because Washington Towers made a claim for replacement property in new condition, which the law doesn't require.

Rarick said he was looking for legal, fair, and equitable restitution.

District Attorney Kevin Finnell said the plea offer included stipulation to restitution as claimed, and if Zakrzewski didn't want to accept those terms, Finnell was ready to present the case to a grand jury.

At that point, Zakrzewski piped up and said, "Mr. Rarick, it's fine."

Previously:

• Batavia man accused of setting fire in Washington Towers, stealing a bike
• Law and Order: Batavia man charged with arson following fire on Bank Street
• Law and Order: Batavia man facing new arson charge
• Defendant has done 'his own research' so rejects plea offer that would reduce prison term

No matter how you slice it, the Muriel H. Marshall Fund for the Aging is the “gift that keeps on giving.”

Just ask the leaders of the various agencies in Genesee County that continue to benefit as a result of the generosity of the late Roxanne Marshall, a school librarian and daughter of Batavia businessman Arthur H. Marshall Jr., who established the fund just prior to her death in 1997 in honor of her mother, Muriel.

Earlier this week, three members of the fund’s planning team – Bonnie Wallace, Jay Gsell and Pam Whitmore – along with Jennifer Leonard, chief executive officer of the Rochester Area Community Foundation, made a presentation to the Genesee County Legislature’s Human Services Committee at the Old County Courthouse.

The RACF oversees the fund that started with an initial gift of $7.9 million and now has a current value of $10.9 million. Considering that more than $9 million has been distributed in grants during that time, the fund is doing remarkably well, Gsell said.

“The fund is now distributing $500,000 per year for unduplicated services for seniors (over the age of 60) in Genesee County,” the former county manager reported.

Services provided to older adults by the fund include transportation through the Genesee County Office for the Aging and Community Action of Orleans and Genesee, Inc., financial management through Lifespan of Greater Rochester, handyman through PathStone Corp., home visitation through Catholic Charities, volunteerism through RSVP of Genesee County and library visits through Richmond Memorial Library.

Wallace, a former RACF employee and current Marshall Fund team chair, said all adults 60 and over are eligible to receive these services regardless of their income. She said the Office for the Aging acts as the administrative hub -- coordinating referrals, case management, volunteer support and special programs.

In January 2020, the planning team initiated the Ask Marshall campaign (www.askmarshall.net) that connects Geneseeans to the activities and resources in the area.

“The money is the least of what’s happening in Genesee County … we need to get people into the programs,” Wallace said, adding that continued enhancement of the website is the foundation’s “next big push.”

Whitmore, who served as OFA director for 18 years, said all of the services add up to putting “new meaning to life” for the recipients.

“A little kindness goes a long way,” she said. “The Marshall Fund is a very special gift to Genesee County. It provides an extra layer of service that brings that quality of life.”

Emphasizing that nothing compares to the fund across New York State, Whitmore said that "it’s just as important for caregivers to know about this as it is for the older adults.”

Leonard said Roxanne Marshall’s gift was the largest single gift to the RACF at that time and it is thriving 25 years later.

When added to money already allocated by the county and other sources, the fund’s contributions make “a wonderful partnership,” she said.

Goals of the planning team are to identify non-medical needs and opportunities for older adults in Genesee County, determine funding priorities and possibilities that are responsive to local needs, shape grantmaking strategies that meet the criteria of the fund, and provide for appropriate community input and reporting.

Other members of the Marshall Fund planning team are Ray Chaya, Richard Iannello, Peggy Lamb, Mary Ann Silvernail, Ruth Spink, Lynda Taylor, Diana Fox and Patricia Campbell.

For more information, call (585) 815-7979 or send an email to askmarshall@co.genesee.ny.us.

Photo: Bonnie Wallace, Marshall Fund planning team chair, speaks at Monday's Human Services Committee meeting. Photo by Mike Pettinella.

For the past year and a half, the Municipal Resources Inc. team has been taking a deep dive into Genesee County’s varied fire and emergency response operations in an effort to eliminate what County EMS Coordinator Tim Yaeger calls “the peaks and valleys.”

The report drafted by the consultants from the Plymouth, N.H.-based firm -- which includes around 90 recommendations for consideration – is on the verge of being released to the public, Yaeger said.

Speaking at Monday’s Public Service Committee meeting of the Genesee County Legislature, Yaeger said the local emergency services task force will be meeting at 6 o’clock tonight at the Fire Training Center on State Street Road to sift through the recommendations.

He said the initial goals are to develop “a plan of implementation and for a strategy of working groups, and how we’re going to work on those things – and then following that up with a meeting with the press so it can be read officially and released to the media (because) the public is waiting and wanting to know what that report said.”

Yaeger said the findings of MRI, which is fulfilling a $94,000 contract with the county, set the stage “for the real work to begin; to figure out where we’re going to be going to right the ship with our service.”

Following the task force meeting, the media has been invited to ask questions of the group at 7 p.m.

While it’s uncertain what measures will be implemented, Yaeger told the PSC by that no means is Genesee County government going to take over fire and emergency response in the county.

“I think my biggest hurdle, and our biggest hurdle collectively, is for the fire service (personnel) to understand the county is not taking over the fire service in Genesee County,” he said. “We're here to give them a path to get better -- to stabilize their system and move forward for many years to come.

“But I still hear some rumblings underneath that it's a county takeover and that’s all that it is because the county’s name is in the report and in their (MRI consultants) writing. So, they’re (community volunteers) very protective because they're very proud of what they do.”

Yaeger said the MRI supports community-based organizations.

“We're here to help them survive for the next 50 years (but) change is coming. They have to realize that they can't just continue to do the same things that we've been doing. We've got to act regionally. We've got to work regionally. We just need to formalize those things,” he said.

Mercy Flight EMS of Buffalo, which provides helicopter and ambulance service to the county, is on board with the changes, Yaeger said, relaying key points of a recent conversation he had with Margie Ferrentino, the company’s vice president and chief financial officer.

“I think she’s understanding that we need to stabilize the EMS system in this county,” he said. “We’re getting too many peaks and valleys. So, we had long conversation and I think she gets where we're coming from -- that those peaks and valleys need to go away.”

He said the location of where the ambulances are stationed is crucial to response time, and that MRI has addressed that situation in its report.

In a related development, Yaeger said county EMS has forged an agreement with the City of Batavia to bring about a dozen city firefighters into the county’s Special Operations Team.

“It’s very similar to the ERT team that law enforcement uses,” he noted. “That’s one of the changes that we felt was in the best interest of the public -- the city of Batavia residents and the county residents -- because we've got to be able to guarantee our response.”

Yaeger said he doesn’t fault town and village volunteers for the gaps in fire and emergency response.

“The message with the volunteer service, the dedicated folks out there, is that they’re ready, willing and able but they’ve got life and they’ve got everything else in front of them,” he said. “Some of them are getting pretty frustrated and aged to the point that they’ve been doing this 35 years, 40 years.

“And they’re wondering where the fresh troops are coming from. So, I think we've got to find out where those fresh troops are going to be coming from and find a new way to deliver that service.”

File photo of Timothy Yaeger. Photo by Mike Pettinella.

Things are looking up for the Holland Land Office Museum at 131 West Main St., the Genesee County-supported facility dedicated to highlighting the events and people that have contributed to the region’s rich history.

Membership in the museum, which is managed by the board of directors of the Holland Purchase Historical Society, is nearing 250 and attendance since last July has surpassed the 3,000 mark.

Those benchmarks alone, says Executive Director Ryan Duffy, indicate that the museum definitely has bounced back from the COVID-19 pandemic.

Duffy and Don Burkel, HLOM board president, presented their yearly report on Monday at the Genesee County Legislature’s Human Services Committee meeting.

“Our membership topped 200 for 2021 for the first time in quite a few years and we’re 90 percent to that number this year,” Duffy said. “Our goal (for 2022) is 250 and we’re 75 percent to that.”

He said the museum is attracting more international visitors – especially from The Netherlands (due to this area being a Dutch settlement) – while the recording of its guest speaker series is getting hundreds of views on YouTube.

Duffy also mentioned the restarting of the History Heroes program this summer, which brought around 27 young people to the museum, and that the Wonderland of Trees was the museum’s biggest yet in terms of visitors and sponsors.

Volunteer support is crucial to the museum’s success, he noted, and was glad to report that 17 people donate their time on a regular basis.

“Volunteers, docents and interns completed more than 1,500 hours of community service up to this date,” he reported, adding that attendance and gift shop sales have returned to pre-2020 levels.

Going forward, Duffy said directors are in the early stages of obtaining a design for a new entrance off the West Wing of the building “to create a more welcoming and efficient entry” that would be Americans with Disabilities Act-compliant. Additionally, this space would be utilized for the relocation of the gift shop and a larger space for the research library.

“This will be a better spot for the gift shop, hopefully generating double the annual revenue, and we would gain exhibit space (by utilizing the area currently occupied by the gift shop),” he advised.

The museum also has initiated the Garth Swanson Memorial Scholarship, which will be available to students in 2023, Duffy said.

The scholarship will benefit current high school students planning to attend Genesee Community College or students attending GCC currently with a passion for history. It is in honor of Garth Swanson, a longtime board member and patron of the museum who passed away in early 2022.

The Holland Land Office Museum is currently operating under normal, yearlong hours. It is open from 10 a.m. to 4 p.m. Tuesday to Saturday. For more information, call 585-343-4727.

Photo: Don Burkel, left, and Ryan Duffy, representing the Holland Land Office Museum, talked about the museum's activities over the past year at Monday's County Legislature Human Services Committee meeting. Photo by Mike Pettinella.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POSITION'S COMPENSATION TO BE SPLIT UP

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

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

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

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

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

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

TABELSKI: OUTSIDE AGENCY NOT THE ANSWER

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

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

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

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

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

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

CANALE: IT WILL BE COST-EFFECTIVE

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

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

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

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

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

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

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

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

SCHMIDT: MONEY HAS TO COME FROM SOMEWHERE

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

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

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

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

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

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

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

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

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

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

Photos by Alecia Kaus/Video News Service

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Recession? What recession?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The foreclosed properties and their assessed values are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Press Release

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

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

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

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

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

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

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

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

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

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

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

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

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

Current concourse ceiling

Concourse ceiling with tiles beginning to be removed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And to those that say the mall is dead?

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

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

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

Ronald Washburn

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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