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William R. Humphrey, 38, of Le Roy, and Maxwell J. Reigelsperger, 20, of Atlanta, NY, are charged with criminal mischief 2nd, grand larceny 4th, and conspiracy 5th. Humphrey and Reigelsperger are accused of removing a catalytic converter from a vehicle without the owner's permission. They were arraigned in Pavilion Town Court and released on their own recognizance.  Deputy Nicholas Chamoun and Investigator Kevin Forsyth investigated the incident.

Aaron J. Gaylord, 44, of Hart Street, Batavia, is charged with petit larceny. Gaylord is accused of switching price tag stickers from C-clamps to two sets of Husky tools and then using self-checkout to scan the items with the incorrect bar codes before leaving the store. Gaylord was arrested by Deputy Blankenbert, processed at the Genesee County Jail, and released on an appearance ticket.

John Mark Stevens, 61, of Lake Street, Le Roy, is charged with disorderly conduct.  Stevens is accused of creating a hazard or offensive condition at 10:58 p.m., July 8, at a location on Lake Street, Le Roy. He was issued an appearance ticket.

Mathew W. Ianiro, 27, of Elm Street, Le Roy, is charged with harassment 2nd and criminal mischief. Ianiro was arrested in connection with an incident reported at 4 p.m., July 8. on Elm Street, Le Roy. Ianiro was arraigned in Town of Le Roy Court and an order of protection was issued.

Jessy Lynn Miller, 35, of Church Street, Le Roy, is charged with menacing 3rd and harassment 2nd.  Miller was arrested in connection with an incident reported at 10 p.m., July 11, at a location Mill Street, Le Roy. Miller was arraigned in Town of Le Roy Court and an order of protection was issued.

Did you know:

• That more than two-thirds of students in Genesee and Orleans counties in grades 7, 9 and 11 who reported drinking alcoholic beverages said they got it at home – some with their parents’ permission and others without their parents’ knowledge of the behavior?

• That slightly less than 20 percent of 11^th graders in the two counties reported past 30-day use of an electronic cigarette or vape pen with nicotine?

• That less than 40 percent of students perceive there is harm caused by marijuana use, which represents a significant decrease over previous years?

Those are just three of the critical data points derived from the Community-Level Youth Development Evaluation survey administered to students in grades 7, 9 and 11 in 2021. The survey was commissioned by Genesee/Orleans Council on Alcoholism and Substance Abuse and facilitated with the assistance of Catalyst Insight of Depew.

The survey, known as CLYDE, is modeled after the former Communities That Care Youth Survey, a nationally validated study developed at the University of Washington to assess youth attitudes, behaviors and community risk and protective factors. It also incorporates elements from the Prevention Needs Assessment Survey by Bach Harrison.

GCASA has been surveying youth at the Genesee and Orleans schools it has had relationships with for several years. The latest survey resulted in 2,234 valid responses from pupils in the three grade levels.

“It was determined to survey these particular grades, especially 11^th graders – understanding that they would be seniors the following year and that strategies could be applied to prevention efforts targeting those students, if needed,” said Shannon Ford, director of Prevention at GCASA.

GAUGING PUPILS' USAGE, PERCEPTIONS

The survey’s questions are formulated in a way to procure accurate information regarding students’ usage of alcohol, tobacco and other drugs and their perception when it comes to parental attitudes and the degree of harm caused by these substances.

Core measures include past 30-day use, perception of harm of substance use, perception of parental disapproval of substance use and perception of peer disapproval of substance use.

Risk factors explored -- related to an increased likelihood of substance use problems for youth -- included favorable laws and norms, perceived availability of drugs, family conflict, commitment to school and peers’ attitudes and use of alcohol, cigarettes and/or drugs.

Protective factors, or areas where youth can be shielded from substance use, include opportunities for social involvement, family attachment and belief in laws and norms.

“In general, students believe that their parents are opposed to ATOD (alcohol, tobacco and other drug) use, but it is concerning that 69 percent of those who reported they drink – about 23 percent of those surveyed – say they obtained the alcohol at home, both with and without parental permission,” Ford said.

Sheila Harding, GCASA’s assistant director of Prevention, said the agency continues to emphasize the dangers involved with students’ drinking at home or at their friends’ homes.

“Too many parents are not understanding the risks involved in allowing underage drinking in their homes,” she said. “There are liability issues, potential injury or even death and criminal implications. The responsible answer is to not allow this activity.”

VAPING: AN INCREASING CONCERN

Vaping is an increasing concern, Ford said, adding that “an alarming number” of 7^th-graders – 3 percent -- have indicated they are vaping with nicotine.

As noted above, 19.7 percent of 11^th graders in the two counties reported vaping with nicotine in the past 30 days while another 11.1 percent reported vaping with marijuana over the same time period.

“Nicotine is one of the most addictive substances around and now we’re seeing vaping with THC (tetrahydrocannabinol, the crystalline compound that is the main active ingredient of cannabis),” Harding said. “These vape pens are being marketed to our youth and we’re seeing harmful effects on the adolescent brain which isn’t fully developed.”

The survey revealed that marijuana use by 11^th-graders was at 14.4 percent – which is down by about 50 percent from the survey of three years ago. Interestingly, the students’ perception of harm is at 38.7 percent, which also is less than previous years.

“This perception data is likely due to cannabis legalization and the use of medical marijuana,” Ford said. “But just because it is legal for adults, it doesn’t remove the risk to students. It’s still illegal for those under 21.”

LEGALIZING POT CHANGES VIEWS

 On a national level, rapid decreases in marijuana risk perceptions by adolescents have not translated to a dramatic drop in usage, however.

“Prevention leaders may need to consider different strategies as well as targeting cannabis use risk perceptions,” Ford offered. “As more states legalize recreational marijuana use, further monitoring of predicted use trends are essential.”

Ford pointed out that although much of the national focus is on the opioid epidemic, GCASA and other agencies haven’t pulled back their prevention strategies when it comes to alcohol, tobacco and marijuana.

“We’ve been able to secure grants for compliance checks of retail establishments in both counties – something that we haven’t done in awhile but will be getting back to,” she said. “In the past, we have found that bars, restaurants and convenience stores are doing a good job of not selling to those under the legal drinking age.”

Other key findings from the 2021 CLYDE survey are as follows:

• Past 30-day alcohol use in grade 11 fell to 19.6 percent – down from 46 percent in grade 11 in Orleans in 2019 and from 33 percent in grade 10 and 50 percent in Genesee in 2018.

• Around 90 percent of 11^th-graders indicate parental disapproval of alcohol and cigarettes but that drops to 78 percent when it comes to marijuana.

• Concerning peer disapproval, overall the percentages range from 78 to 88 regarding alcohol, tobacco and prescription drug use, but it falls to 74 percent concerning marijuana.

When looking at risk factors, 60 percent of students surveyed indicated a low commitment to school was the leading risk factor, followed by 45 percent that reported parental attitudes favorable to substance use and conflicts in the family unit.

ADDRESSING PROTECTIVE FACTORS

On the protective side, 71.6 percent responded that social skills were important, followed by 65 percent who indicated the importance of extracurricular activities in school and 60 percent who indicated the availability of community service programs.

“Social skills are enhanced by evidence-based programs in schools offered by GCASA and by the individual schools, while prosocial involvement is enhanced by community service hours and volunteering,” Ford said.

Prevention initiatives – by agencies such as GCASA and through school-based programming – have led to a significant decrease in binge drinking (five or more alcoholic drinks in a row over the past two weeks), she added.

“Overall, just 5 percent reported binge drinking in the past 30 days. That means that 95 percent of students are not doing this,” she said. “We’d like to believe that our prevention efforts are taking hold.”

Another area of concern is the mental and emotional health of students, especially coming out of two years of the COVID-19 pandemic.

“The survey indicated that 33.4 percent of students reported that sometimes life is not worth it, 44 percent said I am no good and that 40 percent were depressed – and it was consistent across the three grade levels,” Ford said. “Without question, COVID has had an effect on students, but more resources need to be devoted to addressing this issue.”

For more information about the CLYDE survey or GCASA’s Prevention efforts, contact Harding at sharding@gcasa.org.

Disclosure: Mike Pettinella is the publicist for GCASA.

John Marucci has a message for his district citizens.

He is an open book, he says. And the newly elected Batavia City Schools board president intends to lead the board with a commitment to “honesty and transparency.” That means don’t be afraid to contact him when necessary.

“Please reach out to me should you have any questions or concerns. I’m here to assist the members of the district in any way I can,” he said to The Batavian. “I’ve lived in Batavia for eight years and absolutely love this community. I look forward to serving you in this new capacity.”

What do you see as priorities for the board president?
My priorities as BCSD Board of Education president include ensuring that Superintendent (Jason) Smith and our school administration have everything they need to successfully execute the programs and initiatives outlined in our recently passed budget,” Marucci said. “I’m proud to work alongside my fellow BOE members, who are very committed to supporting the BCSD and doing what's best for our students, staff and community.”

Marucci was recently sworn into his new role, which officially began July 1. Each board term runs through June 30 of the following year. This is Marucci’s second three-year term, and it expires in 2025. He will be coming in as the board leader with prior experience as the vice president for a year. As 2022 progresses onward toward 2023, he looks forward to working through the budget process and planning for the future, he said.

He’s also excited to be able “to work in a closer capacity with Superintendent Smith,” he said, adding that he thinks Smith was a “fantastic hire” who is going to do great things for the city school district.

“I think he's done a phenomenal job during his first few months with us and I can't wait to see what he does in the future,” Marucci said.

What goals would you like to set for the board and its role with the district for this next year?
“The BCSD BOE actually sets our goals collectively each fall,” he said. “We have an upcoming retreat planned where we'll all come together a

nd collaborate on what we hope to prioritize for the upcoming school year.”

Marucci has been a resident of Batavia since July of 2014. Three of his children are Batavia High School graduates and a son is in the Class of 2025 at the school. Marucci has served on the Batavia Bulldawgs Board and as a coach for seven years. He is a recipient of the Jim Ellegate Memorial Award by The Niagara / Orleans Football Association for “The Love  of the Game and More Importantly The Love of Children." He previously served as the head coach for the BCSD Modified Wrestling Team and also assisted in coaching Batavia Little Devils Youth Wrestling Club. 

Giving credit where it's due
Aside from his own personal and professional goals, Marucci wants to thank former board President Alice Ann Benedict for her leadership during the last two years. Being a veteran board member who also served on the board for several years before this stint, Benedict provided an education for other members, he said.

“She is a seasoned member of the Board of Education, and I certainly learned a lot about being president by sitting beside her. I was always impressed with how she ran meetings, how professional she was, and (how) she presented herself and the district,” he said. “I’m extremely happy that she has another year with us on her current term, where she'll continue to be able to contribute her knowledge and passion for education and the district.” 

Benedict’s term is up on June 30, 2023. Member John Reigle, whose term is up in 2024, was voted in as vice president during the group’s recent reorganizational meeting. 

Reigle was appointed to the board in August 2020 to fill a vacancy.  He and his wife, Ashlee, have three children – one who graduated in 2020, another who attends BHS, and one who attends John Kennedy Intermediate.

A lifelong Batavia resident, he earned a football scholarship to South Dakota Tech upon his graduation from BHS, and he played there for three years, studying business before returning home. He is currently the manager of Timebuyer Auto Sales and has remained active in youth sports as a founding member and commissioner of the Batavia Bulldawgs Youth Football and Cheer program. 

Reigle believes that, with his relationships with the district families, teachers, and faculty members, that "I will contribute towards the continued success of our district both academically as well as with our extracurricular activities such as athletics, arts, and music," he said. 

It’s a topic that has come up before: maintain a residency requirement or not for a new hire?

City Council has discussed the topic over the years — usually when a qualified candidate has everything city officials are looking for, except for living in Batavia. The City Code has required that the city manager and assistant manager, plus other department head positions, maintain their residence in the city.

Former City Manager Jason Molino raised the issue when seeking an assistant manager and police and fire chief. He pointed to the fact that sometimes qualified candidates walk through the door but don’t meet that one requirement. It becomes a question of filling the vacancy with someone perceived as the right candidate or with someone less qualified but who lives in the city.

It really didn’t make for much discussion; most everyone was fully on board with the idea. There isn’t a danger of setting a precedent, Council President Eugene Jankowski said, because a former council agreed how to handle the situation.

“Several years ago, when Jason Molino was still here, he talked about the difficulty of finding talented people to work here because of the residency requirements. So at the time, the discussion was, let's take it on a case by case basis, where certain lines will not be crossed,” Jankowski said to The Batavian after Monday’s meeting. “Like, as far as city manager, that person will have to live in the city.”

At other times, though, there are “certain circumstances that are beyond people's control,” and when they are good and talented people, council will try to make an exception if that's appropriate, he said.

“In this particular case tonight, that was one of those cases. We have a talented individual, very actively involved in our community, from the community, and he just happens to live a few miles outside the city,” Jankowski said. “I mean, he's definitely one of the residents, just visually not in the city. But he spends a lot of time here. So taking all that into consideration. from my perspective, I thought it was a wise move, to keep that talent here and bring it out into the city. And maybe hopefully, over time, when his kids get through school, he'll want to live in the city, he'll move back.”

Council approved the move unanimously 9-0. Councilman Bob Bialkowski was the only one to share the ideal he’d like to see happen.

“Personally, I like to see anybody getting a paycheck from the city living in the city,” he said.

Tabelski explained that it was only after an extensive search that she made an offer to Fix, who is the current president of Genesee County Chamber of Commerce.

She understands that the residency requirement is in the city Charter, but on the other hand, “we have a really qualified person who really wants to come in and do the job,” she said.

“And I recruited him after showing him my neighborhood revitalization thoughts. And that's what piqued his interest, because I had recruited Eric the first time around for assistant city manager, and he declined me graciously, but we've kept a relationship ever since. And then this time around, we had a lot more conversations and I recruited him again. And the sticking point was that his family is established in Le Roy, and the residency requirement goes with the position,” she said. So I think, not speaking for council, but I do think they felt comfortable after understanding that this is, you know, Eric said, ‘it's just where I lay my head. I'm in the city of Batavia every single day. And my parents are here. My family is here, other siblings are here.’”

One of Tabelski’s objectives for the assistant role is to focus on neighborhood development to build up each pocket of Batavia to become a strong, safe and sustainable area on its own. Fix gravitated toward her objectives, stating that he wants to do something that will make a difference and be a tangible change he could see, she said.

“Not that he wasn't doing that with the chamber, but he doesn't want to see the city's neighborhoods get in any more way or shape of decline,” she said. “So I'm excited, absolutely excited to work with him. He is a very thoughtful leader and he catches on to things very quickly, and I think he'll hit the ground running.”

If, at some, point Fix was to become the city manager, that waiver would not automatically go with him, she and Jankowski said. The manager position’s residency requirement to live in the city of Batavia will remain, they said.

“So this way, it gives us some control. When we're able to keep it as if it was a blanket no residency requirement, I think it would be more difficult to get somebody maybe to live here in the beginning of their career,” Jankowski said. “This way it gives them something to draw them in. And most of the ones that have moved here, there's been no complaints.”

Fix was hired at a salary of about $103,000.

File photos: Erik Fix, City Councilman Bob Bialkowski, and City Manager Rachael Tabelski. 

More than 50 groups, from high school marching bands and this year’s Little League champs to Shriners in their tiny cars, the Hitmen Brass Band, American Legion colorguard and floats each from three different alumni classes, the 2022 Oatka Festival will remind spectators what they’ve missed during the pandemic.

After two long years of social distancing, this year’s festival promises folks two full days of parade entertainment, assorted yummy food tents, a fishing and a duck derby, the reunion gathering of Class of 1965, ’67’ and ’77, a music tent, children’s activities, a car show, photo contest, and craft and food vendors.

The fun kicks off Friday evening with a dance for LeRoy students that runs from 5:30 to 7:30 p.m. for grades one to six and 8 to 10 p.m. for grades seven to 12. The festival runs 10 a.m. to 5 p.m. Saturday and Sunday on the banks of Oatka Creek and in Trigon Park.

“It’s Le Roy’s little state fair, just a little community get-together," said Scott Ripley, chairman of the parade committee.

It’s an understatement to say planning such an event takes time.

“I start calling people for the parade in January; you've got to book them early," Ripley said. "The parade is awesome, I love the parade. It lasts for a good hour.” 

His first year helping out was in 2012, and he recalled how he and his wife Mary Margaret handed out coupons for a free cookie from her prior bakery shop. They handed out 500 of them, he said. The parade typically draws much more than that, as people line both sides of Main Street.

Ripley has also served as parade announcer and has become well-versed in most aspects of the event, from the “fire department’s potatoes” to a surprise at this year’s duck derby.

He was happy to book a return visit from Downbeat Percussion, which was last there about six years ago. The group’s first performance was in 2013, and it has expanded throughout New York State, including for the Buffalo Bills, and in Canada for parades. Downbeat’s website states the group “will energize your parade with our world-class performers and entertainers.”

“So that's gonna be exciting to see the original percussions of the Buffalo Bills,” Ripley said.

The parade is to begin at 11 a.m. Saturday, and anyone that walks in unregistered — but is ready to go — will still be accepted, he said.

Other groups include the Mighty St. Joe’s Alumni Drum and Bugle Corps, a crowd favorite, and The Hitmen Brass Band, a fun and talented group of musicians, who dress the part in colorful pin-stripe zoot suits. Formerly from Attica, they were founded in 2002 by World Drum Corps and Buglers Hall of Fame Member David Martin. 

Ripley just registered two more groups this week, including Limerock Speedway and an auto-detailing company. A first-time float from Le Roy’s Historical Society will pay homage to Ingham University, which once graced the banks of the Oatka in Le Roy, New York and was the first women's college in New York State and the first chartered women's university in the United States.

Back to those potatoes, which the fire department buys whole, slices, and fries into a golden crispy french fry. There’s also Le Roy Rotary’s hotdogs, plus pizza, pulled pork, chicken barbecue and beef on weck.

Kids will have plenty to do, Ripley said, with a mini petting zoo, a child-friendly mechanical bull, a rock wall, Mr. Scribbles, a boot camp challenge and a two-lane balloon slide.

Is your child photogenic and like Jell-O? Snap a picture and enter it for the Toddler’s First Picture Eating Jell-O contest. There will be a public vote of the entries during the festival, and the winner receives a basket full of Jell-O products. Entries must be submitted by Thursday.

Vendors will be selling their wares of glass fixtures, T-shirts, rugs, Farmers Market produce, baby booties, washcloths, meat and more. There will also be a K-9 demonstration, a used book sale and music by various artists, including a Fleetwood Mac tribute band. A 50/50 raffle promises one winner $500 on Saturday and another winner of half the grand total pot on Sunday. Both drawings are set for 5 p.m. each day. That grand bounty is at least $1,000 “for sure,” Ripley said.

For more information about the festival schedule or related events, go to oatkafestival.org.

2018 File photos of Le Roy's Oatka Festival. Photos by Howard Owens.

Here are two videos from 2019, when Le Roy was able to last host the Oatka Festival.

 

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

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

City officials’ reactions ranged from happiness to nostalgia.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Top it off with 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services, and the site is a one-stop-shop for many health concerns and fitness goals, officials said. There will also be a drop-in childcare center.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Officials expect construction to be completed in 2023.

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

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

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

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

Elmore is also accused of owning an unlicensed dog.

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

Police believe Elmore owns the Bulldog.

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

Elmore was issued an appearance ticket.

Jacob Smith Ashley Grann

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

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

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

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

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

They were allegedly found in possession of narcotics. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

He had four active warrants, according to police:

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

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

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

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

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

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

Sponaugle was sentenced in December to 15 years in prison.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“We’re home,” Jason said.

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

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

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

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

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

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

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

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

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

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

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

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

For more information, go to Everpresent Church. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here to view the Code of Conduct 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Troopers have released no further information about the crash.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See related article about the permit process for DEC.