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Law and Order: Batavia woman accused of falsely reporting that her boyfriend had a gun

By Howard B. Owens

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

Elba Lancers advance to finals in Class D2

By Howard B. Owens

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Elba overcame foul trouble and walked away with a Section Class D2 semifinal win over Scio-Friendship on Tuesday, 47-34.

The Lancers, the #6 seed in the tournament, with a 13-10 record, will vie for a sectional trophy on Friday at 6 p.m. against #1 seed Andover/Whitesville.

Sydney Reilly had a double-double, scoring 12 points and grabbing 10 rebounds.

Kennedy Augello scored 11 points. Ava Chatt had 11 rebounds and Mariah Ognibene had eight.

The team recorded 18 fouls.

Photos by Kristin Smith.

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Wing Ding is grounded until 2024

By Joanne Beck

For reasons of timing — and a short window to work with — conflicts with other events and a busy holiday weekend, the Wing Ding Committee has decided to postpone the resurrected event to next year, Assistant City Manager Erik Fix says.

Fix made the announcement to committee members Wednesday, citing reasons of vendors and other entertainment acts being booked already, the potential for difficulty in recruiting volunteers for a busy Labor Day weekend to correlate with the Air Show, a clash in timing with the veteran September festival Labor Daze in Oakfield, and the city not being in a position to set up as event planner.

“We reached out to multiple community partners to see if they would be willing to chair the event and did not have any luck,” Fix said. “The plan is to proceed with preparations for 2024, move the event to a weekend before the airshow so we can have it on a Saturday, and to continue to seek out a community partner to chair the event.

“For this year, we will work with the (Business Improvement District) and other downtown businesses on a promotional piece that can be shared with hotels and at the Airshow, highlighting the different restaurants and shops downtown in an attempt to draw people from the Airshow to the City,” he said. 

He expects planning for 2024 to begin in the next few months. The resurrected Wing Ding was made possible with leftover funds from the city’s Centennial Celebration. City Council had approved a transfer of $9,188 for a Wing Ding event to happen in conjunction with the resurrected Air Show.

OA Girls late fourth quarter surge secures semifinal win

By Howard B. Owens

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Oakfield-Alabama came from behind on Tuesday to win their Section V Class C1 semifinal matchup against Bloomfield, 59-56.

Alea Groff scored 18 points. Caitlin Ryan scored 13. Piper Hyde scored nine. Emma Wray scored eight.  Brooke Reding scored seven.

To view or purchase photos, click here.

Photos by Steve Ognibene

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Oakfield-Alabama falls in double OT against York in sectional semifinal game

By Howard B. Owens

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Oakfield-Alabama fell just short in a double OT game of a chance to face rival Pembroke for the Class C2 sectional title with a 64-59 loss to York on Monday.

York came into the semifinal game with a 19-2 record compared to O-A's 18-3.

After falling beyond by double digits, the Hornets fought back and force the game into overtime and make York work hard to pull ahead in the second OT period.

Scoring for the Hornets:

  • Kyle Porter, 21 points, 4 rebounds, 3 steals
  • Noah Currier, 16 points, 4 rebounds
  • Brayden Smith, 8 points, 8 rebounds
  • Colton Yasses, 7 points, 7 rebounds
  • Aiden Warner, 6 points, 6 rebounds

"I was proud of the overall effort from this group tonight in a tough semifinal game," said Coach Ryan Stehlar. "Being down by double digits with a few minutes to go, I know many people thought we were out of it.  The boys, as they have done all year long, made a push to give themselves a chance.  When a game goes into overtime, you are hoping the ball bounces your way a few times.  Unfortunately, that didn't happen for us.  Much like most of the year, I know this team was counted out.  I'm proud of the season they had.  They made our program, school, community, and myself extremely proud.  That is all I can ask for."

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$142 million distribution center complex in Pembroke comes before GCEDC board

By Press Release

Press release:

The Genesee County Economic Development Center Board of Directors (GCEDC) will consider a final resolution for a $142 million investment proposed in the town of Pembroke at a board meeting on March 2, 2023.

Horizon Acres Associates, LLC, based in Rockland County, is partnering with Geis Companies, based in Streetsboro, OH, to build six flex commercial/industrial facilities totaling 1.5 million square feet. The project would be located on 115 acres immediately off the 48-A interchange on the New York State Thruway, giving access to transportation networks throughout the region.

“In addition to the direct impact this project will have in Pembroke, these facilities are going to be an integral addition to the recruitment of potential tenants at the Science & Technology Advanced Manufacturing Park (STAMP) and other nearby locations,” said GCEDC President and CEO Steve Hyde. “At full build-out, the campus is estimated to create up to 400 new jobs, we have the workforce candidates and programs to support this ambitious number.”

The company plans to start construction in 2023 with the goal of having one to two buildings totaling 560,000 square feet, being operational in late 2024. The facilities will be suitable for a large single tenant, multiple smaller tenants, or suppliers for advanced manufacturing projects.

Horizon Acres Associates, LLC is requesting a sales tax exemption estimated at $6.2 million, a property tax abatement estimated at $11.9 million, and a mortgage tax exemption estimated at $1.1 million. The project is projected to generate $7.9 million in PILOT revenues to municipalities during the proposed 10-year project agreement, which is estimated at 39.5 times the municipal revenue that would be generated under the property’s current use.

The GCEDC’s economic analysis of the project estimates a $227 million impact, including $218 million in payroll and $9.1 million in revenues to the Town of Pembroke, the Pembroke Central School District and Genesee County.  For every $1 of public benefit requested, the project is projected to generate $16 into the local economy.

A public hearing was held on the proposed project agreements on Jan. 30 in the Town of Pembroke.

Previously: Developers say Pembroke location ideally suited for planned $142 million distribution center

With summer around the corner, it's hiring season at Darien Lake Theme Park

By Press Release

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Press release:

Six Flags Darien Lake, the Thrill Capital of New York, and our water park Hurricane Harbor, are hiring over 1,000 seasonal employees for the 2023 Season! 

Applicants may apply online anytime and are encouraged to visit sixflags.com/darienlake/jobs to apply from the comfort of their home (or mobile device). For questions, call or visit our Human Resources office Monday – Friday 10:00 a.m. – 4:00 p.m. 585 599 5108.              

The park will also offer an onsite in-person hiring option this spring. This event will take place at the Six Flags Darien Lake Hotel at 9993 Allegheny Road, Darien Center, NY 14040. Interested applicants should bring their Social Security Card and a current Photo ID with proof of age OR a school ID & Birth Certificate.

On-Site Hiring Event

  • Saturday, March 25 from 9 a.m. - 1 p.m.

Six Flags Darien Lake & Hurricane Harbor will be hiring for all positions, including rides, maintenance, lifeguards, hotel, food and beverage, admissions, entertainment, retail, park service/cleanliness team, EMT/paramedics, security, and a variety of other exciting positions.

Team Member Benefits/Need to Know Information

  • Positions start at $14.25/hr. with select positions at $15.00/hr. with flexible schedules, a fun atmosphere, free park admission for team members and their friends, in-park discounts, and the opportunity to gain valuable customer service skills.
  • There are a variety of positions to match every skill set.
  • Interested applicants must be at least 14 years old.

Six Flags Darien Lake opens for the season on Saturday, May 20, 2023. Interested candidates will not want to miss an incredible opportunity to work at Six Flags Darien Lake and create friendships that last a lifetime! Apply online at sixflags.com/darienlake/jobs.

Six Flags isn't just for thrills - it's the ultimate place to work where you play!

Tenney targets Canadian border for increased security

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24), today announced that she has joined the newly formed "Northern Border Security Caucus." The caucus is a coalition of 28 members of Congress who are concerned about the increased human and drug trafficking along the U.S.-Canada border.

The Northern Border Security Caucus, which all House Republicans and Democrats were invited to join, is supported by House Republican Leadership and the National Border Patrol Council, among other groups and organizations.

The U.S.-Canada border is the longest international border in the world. Recent news reports, along with data compiled over the past two years, show a surge in illegal migrant crossings and drug trafficking across the Northern border. Specifically, in the North Country sector of the border, there has been an 846% increase in illegal border crossings. As the national security threat at our Northern Border continues to grow exponentially, there has been no corresponding increase in U.S. Border Patrol staffing, which is still at the same level as it was in Fiscal Year 2009.

“There’s been an unprecedented surge in illegal crossings at our Northern Border, including an 846% increase across the North Country alone," said Congresswoman Tenney.  "Under President Biden’s failed leadership, our borders are less secure, and our communities are at risk. The Northern Border Security Caucus is needed now more than ever for members of Congress to come together with one voice to advocate against Joe Biden’s reckless policies and to focus on delivering the resources needed by our brave Border Patrol agents at our Northern Border to do their jobs effectively.”

NORTHERN BORDER FAST FACTS:

  • Drug smuggling has increased by 596% along the Northern border since Fiscal Year 2021, including a 26% increase in fentanyl.
  • Since President Biden took office nearly two years ago, there has been an almost 15 times increase in Northern land border encounters.
  • There were only 997 Northern land border encounters in January 2021. But that number has increased each month since. In the month of October 2022, there were 15,938 Northern land border encounters. In FY2020, there were 32,376 border encounters. In FY2022, there were 109,535 encounters.
  • Border Patrol staffing has remained flat since FY 2009. Since FY09, staffing levels along the Northern border sectors have been between 1,887 and 2,263 personnel. FY2020 Northern border sector staffing was 2,019.
  • The longest international border in the world, measuring 5,525 miles, the U.S. Northern border has only 115 ports of entry with no performance measures to assess security between ports.

Pembroke boys win spot in sectional finals

By Howard B. Owens

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The Pembroke Dragons will play for a Class C2 Section V title at the Blue Cross Arena in Rochester on Friday after beating Bolivar-Richburg on Monday, 61-39.

Scoring:

  • Cayden Pfalzer, 21 points
  • Tyson Totten, 14 points
  • Chase Guzdek, 9 points 11 rebounds
  • Avery Ferreira, 8 points
  • Jon Suro, 5 assists

"Bolivar-Richburg went into half up by one, then we used a great defensive second half holding them to just nine points to pull ahead," said Coach Matthew Shay. "I was really pleased with how we responded to adversity and stepped it up defensively in the second half."

Photos by Kristin Smith.

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Three local grapplers finished atop of the podium at state wrestling championships

By Steve Ognibene

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Three local wrestlers had strong showings at the NYS championship meet this week, one of the area's top grapplers, Casper Stewart, finishing third in his class, 152 pounds.

That wasn't the result he and his coach and father were hoping for, said Rick Stewart (dad and coach).

" It’s hard to put things in words right now," Stewart aid. "Obviously, it is not the result we wanted, and we are disappointed.  He set the bar very high and expect to accomplish the goals.  Even though this year’s season is an amazing accomplishment with a 51-1 record with a third-place finish at states and an eastern states title, the ultimate goal wasn't achieved, and that will be the motivation for next year. I'm very proud of him and know he will do great things in this sport. He is beyond driven."

Casper’s comments about the future, Just keep training hard, working with good training partners and coaches.

Other local podium finishers in Genesee County:

  • Alexander senior Ben Merill finished 4th in division two, 138 lb. weight class
  • Byron-Bergen junior Malachi Smith finished 6th in division two, 189 lb. weight class

To view the final results, click here.

Photos and information provided by the Attica-Batavia team

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Two City Council members speak on behalf of citizens about budget, none show at public hearings

By Joanne Beck

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An apparent unexpected discussion came up just before City Council’s vote Monday evening to move a proposed tax cap override to a business meeting for final approval to create the required local law.

Council members Bob Bialkowski and Tammy Schmidt each said they would not vote to move the tax cap override for a final vote on March 13, but neither offered amendments to the proposed $33.5 million 2023-24 budget.

Both council members said they had constituents who were not happy about the budget and override, and they, therefore, were not going to vote for it.

“I've heard from many, many constituents that have serious concerns over this. So I don't support it,” Bialkowski said during the group’s conference meeting at City Hall. “But if we run short, we'll have to learn to live with it, just like the average homeowner does. You know, people are really concerned about their taxes.”

Schmidt added that the people she represents are not in favor of the budget, and maybe it’s time to give a little.

“I’m not in favor of it either. My constituents are not in favor of it. And I can't vote yes on something that the people and the citizens of the city don't want, because I feel like I work for them,” she said.

None of those constituents, nor anyone else, showed up to speak during the three public hearings regarding the budget, tax cap override and water rate increase.

City Manager Rachael Tabelski has recommended the override as a way to make budgetary ends meet this year by collecting more than the 2 percent property tax levy of $6.6 million. If council does not approve the override, it will have to cut more than $456,000 from the budget, Tabelski said.

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Council President Eugene Jankowski Jr. wondered aloud why, if these two had issues, they did not bring them up during two prior budget workshops. There was also a third one tentatively scheduled, and no one said they wanted or needed it at the time, he said.

“If you had complaints from citizens … Why weren’t any amendments made or attempts to me to address those concerns during the budget process? I mean, we had a month to do this, and if somebody notified me, as a representative, I would have come to the group and said, I have people concerned about this specific part of the budget. And they don't like this part. Is there any way we can reduce that? Or what would it cost to reduce it, there was plenty of time to ask and have those questions answered,” Jankowski said. “As I understand it, from my research, if we were to make the tax cap … we'd be taking money out of necessary savings accounts to cover the costs.”

Schmidt said she only more recently became aware of the county’s revenue distributions, including $392,000 for the city. Why can’t the city put those funds toward the shortfall, she said.

Tabelski explained that auditor recommendations are to keep a fund balance of 15 to 25 percent, and she is not leaning towards pulling any of that out to pay this next year’s bills. As for using the county’s unanticipated revenues, it’s not good practice to use a one-time amount just to meet the tax cap, she said, because then what happens next year?

“We’ll find ourselves right back here,” she said.

The city has gone through lean times, Jankowski said, especially during the pandemic and related drops in revenue. And now is not the time to pick the bones.

“And I'm not happy with inflation, I'm not happy with everything that is going crazy and the costs. And I get a chance to meet with a lot of the department heads. I do this every year. And it's about as lean as I believe we can get it and still provide the public safety and the services people expect for living in this community,” he said. “I think we have a balanced budget, that is a balance between necessary public safety and services that people are accustomed to, as well as trying to keep it as reasonable as possible.”

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Councilman John Canale hates to use COVID as an excuse, and it isn’t one, he said, but rather, is a calendar marker. Those were very uncertain financial times that shifted council’s perspective, he said.

“And if I remember, right, we as a board, although Tammy wasn't here at the time, I do think we as a board decided, you know what, we just have to react to the environment as it happens to us," Canale said. "So we're going to do it on a year-to-year basis. Yes, we have to look down the road as we always have, that we need to survive on a year-to-year basis right now.

"It's just like many municipalities are in the same position that we're in. If I remember it, we all kind of casually agreed that, yeah, we'll just take this thing a year at a time until we started to get out of it. You know, get into the clearing a little bit. Well, we're not even clear,” he added.  “We are all very opposed, I think, to overriding the tax cap. I certainly don't want to have to do it. When it means that we can still continue to provide all the services like you say — that we have grown accustomed to having provided for us as taxpayers — and our only choice is either to drain funds that we shouldn't really be draining that we've worked so hard to build up or override the tax cap, which is nothing that any one of us put into place. That's our state that has required that of us. This is one of those years where we're still not in the clearing yet. I think that was the only decision. That was a viable decision.

“I feel pretty proud to say we’ve maintained the tax rate,” he said.

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To the contrary, Schmidt doesn’t feel proud of the status quo, she said, not when other municipalities have lowered their tax rates. The city property tax rate is $8.94 per $1,000 assessed value, and that’s to remain the same.

“Can we ever just throw a bone to the citizens?” she said. “They are on the top of the organizational chart; we work for them.”

Council voted 6 to 2 in favor of moving the budget and override to the March 13 business meeting for a final vote. Members Kathy Briggs, Al McGinnis, Rich Richmond, Paul Viele, Canale, and Jankowski voted yes to no votes cast by Bialkowski and Schmidt. All members agreed to move the proposed water rate increase of 30 cents per 1,000 gallons to the same meeting for a vote.

File Photos of Bob Bialkowski, Eugene Jankowski Jr., John Canale and Tammy Schmidt, by Howard Owens.

Pair accused of fleeing in stolen vehicle after being released from prior arrest

By Press Release

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

  • Criminal Mischief 3rd (Felony)
  • Grand Larceny 3rd (Felony)
  • Conspiracy
  • Unlawful Fleeing of a Police Officer
  • Aggravated Unlicensed Operation 2nd
  • Multiple Vehicle and Traffic Law violations

Adam J. Montes

  • Grand Larceny 3rd (Felony)
  • Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

Ellicott Station developer, GCEDC excited about project for tenants to 'live, work and play'

By Joanne Beck

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While city officials have expressed surprise and disappointment about the details of Ellicott Station, developer Samuel Savarino and Steve Hyde, CEO of the county’s Economic Development Center, remain enthusiastic about the possibilities to come along with the 55-unit, low-income apartment complex in Batavia.

During an interview with The Batavian, Savarino was steadfast about tenants being employed and able to pay their rents at the 50 Ellicott St. site.

“Our project is one- and two-bedroom, which I think could be said fits the profile of young workers or working couples,” he said.

The Batavian asked about the maximum income qualifications, per the Ellicott Station application, which in some cases means people making minimum wage wouldn’t qualify for a two-person apartment. Savarino said that those numbers were fixed in 2019, per 50 to 60 percent of the area median income at the time. And they’re not set in stone.

“When things change every year, the income restrictions are reset, just as there are changes in the area median income and what people earn. So, you know, that changes over time. But, I think it really does set at some are 50 and the majority are 60 percent of AMI, right? And that's back in 2019 numbers,” he said. “And the project has to be up and operating before it gets reset. So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down.”

He isn’t sure why city officials are upset about the low-income qualifications and Section 8 availability, he said, since the project has been geared toward what’s affordable for the Batavia area per a market study from the project's inception. It is true, he said, that Home and Community Renewal’s involvement — which happened when the state entity granted him more than $5 million in tax credits to get the project going — also meant a market study review and conclusion about what would be considered affordable.

“I think we had a market study which looked at … I mean, everybody can maybe look around things and draw their own conclusions. And, you know, a market study is a little more detailed … it's a little more refined, and more scientific with determining what the achievable rents would be and whether there would be people to rent at certain levels. Any market study will do that,” he said. “And if you looked at the application that went in to the unified funding application to Home and Community Renewal, which provides the tax credits, which an investor purchases, and then they provide some financing for the projects, that it was workforce housing, affordable workforce housing.

“And that's consistent with what everybody was saying. It can be reset, but that's what we need to follow … at the suggestion of HCR after they examined the market study. My recollection was that they said, that's where the market was. And that was where the need was.

“I’m not quite sure if there's an Oxford dictionary definition of what is affordable as opposed to workforce, as opposed to low income. You know, it depends. And it may mean different things in different communities,” he said. 

Those terms are used interchangeably, he said. Above all, he envisions working singles and couples, or perhaps seniors on a fixed income, living at Ellicott Station. Given the low-income levels, what’s the chance that many would also require government assistance to make the rent if they qualified for those income levels? Savarino wasn’t familiar with how Section 8 works, he said, but it does work the same as with any other rental. It's illegal to discriminate against a tenant with Section 8 requirements, he said.

His management will be screening applicants to ensure they have a job and can pay rent, he said. Furthermore, he believes they will be “good tenants” living in a good, quality residence with plenty of security cameras, and secured access to the building. The Batavian asked him why the playground was built and promoted if he didn’t think the apartments had the space for children — which he had said during the interview — and it is a mandated requirement, he said.

As for the meanings of workforce, affordable and low income, The Batavian had previously published an article citing the definitions, per the Housing and Urban Development site. Though, in talking to various people regarding this project, those words did seem a bit murkier. Savarino disputed a statement in a prior Batavian article that he had quoted specific, ideal wages of $18 to $20, and also $20 and below. He didn’t recall having said that, though it was captured on a recorder. None of the maximum incomes allow for those wages or even $14 in some cases.

The calculations worked out to take 30 percent of one’s salary for rent and utilities, he said, and leave the remaining 70 percent for other expenses. That means tenants could potentially have disposable income to dine at downtown restaurants or do some shopping, which was one of the original goals of the project, he said.     

The other goals were to include commercial and retail projects at the site, and, due to the lengthy time it took to get going, Resurgence Brewing “timed out” and completed a project in its own neighborhood, Savarino said. He has some interested prospects and is committed to following through with a brewery/restaurant with either an outside company or Savarino Companies itself.

Steve Hyde, president and CEO of Genesee County's Economic Development Center, focused on another aspect of the project — the longstanding and dilapidated defunct buildings at 30-50 Ellicott St. Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he said.

He pulled an excerpt from the DRI application for the Build Ellicott Station Project:

“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family.  A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”

“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said. “We continue to work closely with Developer Sam Savarino and his team to deliver upon his commitment to construct new, modern, and affordable workforce housing for working residents who have modest incomes across our community.  This is a critical element to downtown revitalization efforts because not only does Ellicott Station renovate a blighted parcel in our downtown but it is building workforce housing units for working residents in the heart of our downtown many of whom would have the opportunity to work at our area businesses which are sorely needed.”

Hyde and Savarino also pointed to the benefit of having nearby housing for employees that businesses are seeking. Without local residents, it has been difficult at times for employers to fill vacancies, Savarino said. It also equips downtown with tenants within walking distance, Hyde said.

“This further strengthens the opportunity for greater success for our Main Street businesses and our local economy.  I confirmed with Developer Sam Savarino last week that his commitment to deliver workforce housing for working residents is priority #1.  The incentives provided by GCEDC to support the comprehensive re-development of this mixed use project did comprehend the 60 percent or less AMI and associated range of incomes contemplated for the workforce housing facility as reflected in our public hearing minutes, the board memoranda and final resolution from our March 2020 Board meeting,” he said. “The net of this is: The GCEDC Board of Directors trusted in Sam Savarino to deliver workforce housing for working residents in an effort to incentivize considerable investment and improvements to transform the biggest eyesore in our downtown into a new mixed-use development.  They continue steadfast in their expectation of Mr. Savarino to honor his commitment to provide high-quality workforce housing for working residents across our community.

He and Savarino look forward to the project’s completion, and neither seems to believe that the income qualifications are too low to bring prosperity to the city of Batavia, per questions asked by The Batavian and the focused answers.

“I personally continue to look forward to the positive benefits provided by the Ellicott Station project which includes offering new apartments to our working residents priced in an affordable fashion that would allow them to live, work and play downtown,” Hyde said. “This will, in my view, help to elevate the staffing availability and success of our area businesses – our Main Street businesses in particular.  That is the promise we continue to expect and the main premise why GCEDC has participated actively in this project over the course of the last eight years.”

Photo: File photo of Sam Savarino at the Ellicott Station groundbreaking by Howard Owens

Winter Advisory for Genesee County

By Joanne Beck

The National Weather Service has issued a Winter Weather Advisory, to be in effect until midnight.

Total snow accumulations of 2 to 5 inches are expected. Winds gusting as high as 35 mph in Genesee, Niagara, Orleans and Northern Erie counties. Plan on slippery road conditions. The hazardous conditions could impact the evening commute. Periods of snow will result in snow covered roads and limited visibilities. Slow down and use caution while driving.

 

Author to discuss 'Riding Jane Crow' Saturday at Richmond Library

By Press Release

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Press Release:

Richmond Memorial Library will host an author and book talk on Saturday at 1 p.m. in the Reading Room. Dr. Miriam Thaggert will present her 2022 book, "Riding Jane Crow: African American Women on the American Railroad."

About the book: As Jim Crow laws became more prevalent and forced black Americans to "ride Jim Crow" on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of black female railroad travel: the travel narratives of black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; black middle-class women who sued to ride in first class and ladies’ cars and black women railroad food vendors; and black maids on Pullman trains.

Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or "progress," through her travel experiences.

About the presenter: Professor Miriam Thaggert is an Associate Professor of English at the University of Buffalo. She is the author of "Riding Jane Crow and Images of Black Modernism: Verbal and Visual Strategies of the Harlem Renaissance." She also co-edited two volumes, A History of the Harlem Renaissance and African American Literature in Transition, 1920-30, both published by Cambridge University Press. For more information, visit miriamthaggert.com

Copies are available to borrow through the library and a limited number of copies will be for sale at the event. Richmond Memorial Library is located at 19 Ross St., Batavia. For more about the library, visit batavialibrary.org or call 585-343-9550.

Submitted Photo of Miriam Thaggert.

Tenney wants to redirect IRS funds to border enforcement

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24) yesterday reintroduced the Diverting IRS Resources to the Exigent Crisis Today (DIRECT) Act. The legislation, which Tenney first introduced last year, redirects $45.6 billion from the Biden administration’s overreaching plan to increase audits of low and middle-class families to the border to hire additional law enforcement agents and increase security.

Additional co-sponsors include Rep. Brian Babin (TX-26).

In the Democrats’ falsely named Inflation Reduction Act, the IRS received $45.6 billion for additional enforcement activities, a significant portion of which is set to be used to target low- and middle-income Americans for increased audits. As the Biden administration continues to ignore the crisis at our Southern Border, it is time to put these funds to better use on behalf of the American people. Already in Fiscal Year 2023, there have been almost 875,000 illegal crossings at our Southern Border.

“Since Joe Biden took office, there have been more than 4.6 million illegal crossings at our Southern Border – it is a historic and tragic record. Yet even amidst this crisis, the Biden administration has prioritized increasing audits on middle-class Americans, rather than hiring additional Border Patrol agents to safeguard our national security and restore operational control of the border,” said Congresswoman Tenney. “While the Republican House voted earlier this year to defund Joe Biden’s massive IRS expansion, this bill goes a step further by redirecting these funds to the border, where they are urgently needed.”

The full text of the bill is available here

Top percentage drivers to clash as first winter meet at Batavia Downs in decades closes

By Tim Bojarski

The first winter meet hosted by Batavia Downs in over two decades will close out its 15-date run on Monday (Feb. 27) with a nine-race card starting at 3 p.m. The early season session has produced record-breaking handles for the track but has also placed two of its regular drivers in lofty standings nationally among their peers.

Kevin Cummings is currently the fifth leading percentage driver in North America for all reignsmen starting under 300 times, boasting a .416 universal drive rating. And right behind him is Jim Morrill Jr. who ranks eighth in the same category with a .393 UDR. So it’s no surprise that the pair sits among the top in the Down’s standings where Morrill is first with a .466 and Cummings is third with a .416.

Morrill is not scheduled to drive on Monday but another local driving leader who will be on hand to close out the meet is Larry Stalbaum, who actually ranks second between Morrill and Cummings with a .465 UDR at Batavia this winter. Stalbaum also trains his owns horses and is the leading percentage conditioner this meet among those with 25 or more starts. His barn posted a stellar .593 UTR and produced 13 winners.

Cummings and Stalbaum will go head-to-head twice on Monday, most notably in the $13,000 Open I trot which is the featured race on the card. Stalbaum starts his own Inquiring Mind, who has a win and a second in his two Batavia starts and is the morning line favorite at 3-1. Cummings will sit behind Silver Buckeye, who just finished third in the $18,000 final of the Western New York Pop-Up Series. He will start from post one at 6-1.

The other match-up comes in the co-featured $12,000 Trackmaster pacing event where Cummings has the 5-2 favored Ready Set Rock, who made her last start on November 30 in the $14,000 Distaff Open I. After two qualifiers at Batavia, Ready Set Rock will make her 2023 seasonal debut Monday. Stalbaum will sit behind Abuelita Hanover, who despite coming into this race with two consecutive convincing victories, has been overlooked in the morning line at 12-1. It’s noteworthy that Ready Set Rock and Abuelita Hanover are the only two mares among the field of eight.

Live racing will return to Batavia Downs on Wednesday (July 26) with a 53-date summer-fall meeting that will run through Saturday (Dec. 9).

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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