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Police report finding loaded revolver in suspect's car, while also searching his home

By Howard B. Owens

Lorenzo Baker

A Batavia man is in custody and accused of criminal possession of a weapon 2nd following a traffic stop at 12:29 p.m. Monday, when he was allegedly found in possession of a loaded revolver.

While Lorenzo Baker, no age provided, was being stopped by a patrol officer, the Emergency Response Team executed a search warrant at his residence, 36 Dellinger Ave. upper, as part of an ongoing investigation.  

Police say that additional evidence was found in Baker's residence.

Given the ongoing nature of this investigation, police say they are not releasing further information about the nature of the investigation or what was located in the residence.

Baker was arraigned in City Court and ordered held on $25,000 cash bail, $50,000 bond, or a partially secured bond of $75,000. 

Baker is scheduled to appear in court again at 1:30 p.m. on Thursday.

Reader-submitted photos.

Genesee County's unemployment rate remains historically low

By Howard B. Owens

For the sixth straight month, Genesee County's unemployment rate was lower than the pre-pandemic rate for the same month, according to the New York State Department of Labor. The rate of 3.7 percent for March of this year reflects a dip when compared to a 4.5 percent rate in March 2019.

The rate in March 2021 was 5.6 percent and the rate in March 2020 was 5.7 percent.

The current rate is the lowest it's been from available state labor department records going back to 1990.

There are 29,300 workers reported in the labor force for Genesee County currently, compared to 28,700 in 2021 and 29,800 in 2019.  

The reported total number of Genesee County residents who were employed in March 2022 is 28,200, compared to 27,100 a year ago, and 28,420 in 2019.

There are 1,100 people reportedly looking for work, compared to 1,600 a year ago and 1,320 in March 2019.

The unemployment rate for all of New York State is 4.7 percent, which is higher than the March 2019 -- pre-pandemic -- rate of 4 percent.

 

Batavia City Schools, police and City Church work to ease traffic at Jackson Primary

By Press Release

Press release:

BATAVIA, NY– In an effort to ensure the safety of students and staff during arrival and dismissal periods at Jackson Primary, the Batavia City School District, Batavia Police Department, and City Church have joined together to create a new recommended pickup route for the City Church Community Food Distribution program at St. Anthony’s. 

The City Church currently hosts a bi-monthly food distribution program for community residents at St. Anthony’s Church. Due to the program's popularity, some traffic concerns have emerged around Jackson Primary, resulting in serious safety issues along with traffic backups during school arrival and dismissal periods. 

In response, a new route has been established to access the Food Distribution Program pickup line. The new route will be in effect starting with the April 27 distribution date. Those community members who wish to participate in the program must access Liberty Street via South Swan Street, Osterhout Avenue, or Otis Street. All food distribution traffic will be redirected to avoid Liberty Street between South Jackson and Sumner Streets and South Jackson between South Swan and Liberty Streets (the areas directly in front of and adjacent to Jackson Primary). Please see the attached map for the updated route. 

The City Church Community Food Distribution program is scheduled every two weeks for the following dates: April 27, May 11, May 25, June 8, and June 22.

“The Batavia Police Department is asking for the cooperation of all motorists in the area of the Jackson Primary during arrival and dismissal times to adhere to all parking and traffic regulations. Specifically, we want to ensure that motorists do not create unsafe conditions near the school during the City Church's food distribution dates as they wait in line. Therefore, we are requiring anyone attending the food distribution program to avoid the area of South Jackson between South Swan and Liberty Streets. We appreciate everyone’s cooperation to ensure the children remain safe during arrival and dismissal times,” said Shawn Heubusch, Chief of Police. 

“I applaud the City Church for providing an important and valuable resource to our community. Our collective priority must also be the safety of our students, staff, and bus drivers at Jackson Primary. I’m happy the school district, City Church, and BPD were able to come together to reach a collaborative and mutually beneficial resolution. I also want to thank Batavia residents for their cooperation as we roll out the new route,” said Jason Smith, BCSD Superintendent of Schools. 

 

 

Lewiston Road pizzeria owner speaks out against plan to place retail businesses on former Kmart parking lot

By Mike Pettinella

Calling it “a horrible idea,” Batavia businessman Jerry Arena tonight urged the Town of Batavia Planning Board to turn down a proposal by Benderson Development LLC to construct two restaurants on the parking lot of the former Kmart on Lewiston Road.

Arena was the lone town resident to speak at a public hearing on the Buffalo-based company’s request for special use permits for the drive-thru lanes of the yet-to-be disclosed retail operations. The planning board made it clear prior to the meeting that no action would be taken on the venture tonight.

Benderson is looking to build a 4,000-square-foot restaurant with a drive-thru and bypass lane at one end of the parking lot and a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop and drive-thru at the other end – both along Lewiston Road (Route 63).

Matthew Oates, engineering director, and Katherine Rowe, design engineer, for Benderson Development opened the meeting by giving a quick update on the company’s plans, mentioning an increase in the green space and landscaping, putting in new curbing and pavement, updating utilities and ensuring sufficient stacking space in the drive-thru lanes.

They said they are waiting on the completion of a traffic impact study – information necessary to keep the project moving forward.

Arena questioned if there would be enough parking spaces left over to accommodate shoppers once another business was found to occupy the former Kmart building.

After that, he was given the podium and articulated his concerns for about 15 minutes, visibly upset but able to keep his anger in check.

PROPOSAL 'AFFECTS' ALL CITIZENS

Armed with several documents, including the project application, Arena said “the mere fact that I got one (a notice of the public hearing) represents the fact that this special use permit affects my property at 8360 Lewiston Road (Jerry Arena’s Pizzeria) and my neighbors – the gun store, the car dealership, Calvin Nichols, the land that I have on Arena Parkway facing Lewiston Road.”

“I just shake my head when I see this and I'm trying not -- if I act like I'm going to be angry, if I'm perceived as I'm angry, it's because I really am. I'm just flabbergasted that this would get this far.”

Arena, citing an already congested traffic area and safety concerns, said that putting these new businesses at the front of the parking lot affects all residents of the town and city of Batavia and Genesee County.

“It affects them when they do their holiday shopping,” he said. “People who I talk to logically, and I say logically, assume that these three new businesses … it’s two buildings, three businesses. They logically assume that when the hear the news, they’re going to go into the old Kmart, which would be the best spot for them.”

He went on to say that he doesn’t “feel sorry for Benderson” because they can put the businesses in (the Kmart building).

“I don’t care how much it costs them and I don’t care if they’ve got to knock part of Kmart down and build a drive-thru,” he said. “This is what most people think – that it’s going to go into the old Kmart.”

‘PROBLEMS ON SEVERAL LEVELS’

Arena said the special use permit creates problems on several levels – “and I don’t even know where to start.”

“My main theme here is at what point do we stop creating and compounding traffic flows on Lewiston and Park roads?” he asked. “Surrounded by traffic flow problems with no sidewalks, this area of Lewiston and Park road will become more dangerous than ever for pedestrians, bicyclists and motorists.”

He said planners from years past “got it right” by wanting to place commercial enterprises onto Route 5, a four-lane highway.

“Well, things got turned around and OK, here we are,” he said. “There's big problems. I'm afraid to go down Park Road at night because one day I'm a law-abiding citizen and somebody might jump out at me from Batavia Downs and I'm sitting in my attorney's office facing a vehicle manslaughter charge.”

Arena said the entrance of the new businesses will come out onto Park Road – “as if Park Road isn’t a problem already.”

Noting that he has “a front seat” when looking out his pizzeria window, Arena said traffic is non-stop.

“You want to have a flea market, you want to put something next to my pizzeria, they don’t stop. They stop when the light turns red at Park Road and then you’re going to have to scoot out, because the light is going to change again. So, that’s my key thing here.”

He said that if and when Kmart is occupied again, the entrance and exit points on Lewiston and Park road “will not safely, safely, safely or adequately handle the additional 10,752 square feet of retail space.”

ARE THERE OTHER OPTIONS?

Arena said that as with an eminent domain situation, if planners have other options, “you’d think you’d want to use them.”

“Why can't you fill the Kmart … Batavia is really sought after right now,” he offered. “Batavia is a hot commodity between Buffalo and Rochester; people will come to Batavia.”

He also suggested placing the restaurants in areas where special use permits aren’t necessary, mentioning the Kmart building, property on Route 5 and land that he has for sale at the BJ’s Plaza on the south side of Lewiston Road.

Arena called out “the internet cowards” who say he is worried about competition.

“Oh, that’s really funny,” he said. “I’ve been in business since 1976. I’m not worried about another commercial business. I'm worried about the government more than anything. The government can put me out of business and they seem to be working at it.”

He said the “other swipe” at him is that he is mad because Benderson isn’t looking at the property he has for sale.

“My land for sale doesn’t need any zoning permit. It's at the intersection of Lewiston Road and Veterans Memorial Drive. It's in the BJ’s Plaza,” he said. “All the traffic will be regulated by the traffic light. It’s visible from Lewiston Road -- part of the BJs Plaza. And it’s for sale and doesn't require any kinds of permits.”

SAFETY IS A BIG ISSUE

Planning Board Chair Kathleen Jasinski interjected that a traffic study will be available for review before the board’s next meeting, and stressed that safety is a concern.

Arena said his premise is based on the fact that the former Kmart building is available.

“You can sit here all you want and say, ‘Well, we're filling a vacant parking lot. No, no, the parking lot isn’t vacant, the building's vacant.”

He said he disagrees with Benderson’s position that the project will improve the area and won’t result in a substantial increase in traffic above present levels.

“I don't see how that's mathematically possible,” he said.

Reading from an report in the application, Arena asked, “Are there any pedestrian accommodations or bicycle routes available at or near the site of the proposed action? Check mark, Yes. I don't see any sidewalks bicycle routes. Maybe I'm missing them. Maybe Matthew (Oates) can show me where he bicycle routes are."

“I see babies – two in one day. One in a wagon, getting pushed in the street and one in a stroller. And then you get your handicapped people. They’ve got their flags, and they’re driving their little thing. The mailman has got to be afraid of getting hit. At what (point) do we stop compounding? We've got a problem there.”

Arena said if Panera Bread, Popeyes or Starbucks want to locate in the town, there are spots for them other than the proposed site.

(A call and email to James Boglioli, Northeast director, right to build for Benderson, seeking the names of the businesses were not returned at the time of the posting of this story).

LEGAL ACTION A POSSIBILITY?

While hoping that the planning board votes against issuance of the special use permits, Arena said that he is prepared to take legal action to try and stop the project.

“There's a possibility that if you go through with this, I will file an injunction,” he said. “I've done it in the past and am familiar with that -- with Benderson putting BJ’s Plaza in a residential area, I fought it. I fought the good fight. I lost.”

He said he cares about the citizens of Batavia and reiterated that “it’s just a bad idea.”

Contending that zoning codes were adopted “with the purpose of protecting and promoting public health and safety," Arena said he believes his lawyers would have a “pretty good shot” at stopping the proposal.

In closing, he said he “hates to see this happen when there are other options.”

“Let's make Batavia safe again. Get your ducks in a row,” he said. “If you do issue a permit, get sidewalks. People walking down to Walmart, any of those things. It's a nightmare. It's got to be the worst commercial development possibly in the whole Western New York, if not the whole New York. It’s dangerous.”

Photos from tonight's Town of Batavia Planning Board public hearing at the Batavia Town Hall on West Main Street Road. Top: Jerry Arena, owner of Jerry Arena's Pizzeria on Lewiston Road since 1976. Bottom: Matthew Oates and Katherine Rowe of Benderson Development. Photos by Mike Pettinella.

Previously: Benderson director gives some details, but keeps the names of the Kmart parking lot tenants to himself

County committee supports using $5.4 million in ARPA funds for water project with the Town of Alexander

By Mike Pettinella

With cost estimates running as high as $130 million for Phase 4 of the Countywide Water Project in the next few years, Genesee County legislators are jumping at the chance to use federal funds now to finance a Phase 3 construction initiative with the Town of Alexander.

The legislature’s Public Service Committee on Monday approved a resolution that forges an agreement with the town to install water transmission mains and a water storage tank as part of the formation of Water District No. 6.

The key component of the contract is that the county’s portion of the $11.2 million project -- $5,424,000 – will be paid by using some of the American Rescue Plan Act funding it received from the federal government.

County Engineer Tim Hens told the committee that the county will make two deposits into an escrow account that will be used by the Town of Alexander to pay the contractor as needed during construction. The county will monitor the work being performed and certify all draw requests by the town.

"The work will cover the northwest corner of the town -- every public road west of Route 98 and north of Route 20," Hens said. "We are running new water lines to the town, upsizing the mains to 12 inch for transmission and erecting a tower on Halstead Road to feed back into Batavia."

The agreement took a bit longer than usual to make it to the committee as attorneys for both parties had to ensure that the language complied with ARPA requirements.

As previously reported on The Batavian, the county will save $3.3 million in interest by utilizing ARPA money instead of having to bond the expense.

Two other resolutions pertaining to the Countywide Water Project were approved by the PSC, and forwarded to the full legislature:

  • Change orders to a Phase 2 project with the City of Batavia wellfield – one with Frey Well Drilling of Alden to deduct $10,000 from the contracted amount and another with Villager Construction of Fairport to add $27,000 to the contracted amount.

Frey’s work involved Well C, while Villager is being paid for the additional work of cleaning and rehabilitating Well A.

The change to the Frey contract lowers the total amount to $137,900, while the change to the Villager agreement raises the amount to $421,000 and extends the contract time to complete the Well A improvement to this fall.

  • A budget amendment increasing the Water Fund by $79,000 to cover anticipated expenses related to governmental relations contracts at both the federal and state levels through the end of this year.

In other action, the committee:

  • Approved a request to include a 53-acre parcel off Harlow Road in the Town of Darien to Agricultural District No. 1 and set a public hearing on the matter for 5:30 p.m. on May 25 at the Old Courthouse. County Planning Director Felipe Oltramari advised committee members that the land does qualify under the guidelines of the New York State Agriculture and Markets Law.
  • Approved the appointment of Batavia business owner Derek Geib to the Genesee County Planning Board to replace Richard Richmond II, who recently filled a vacant seat on the Batavia City Council. County planning board members serve on a volunteer basis.

City Church celebrates growth and memories of last 25 years

By Joanne Beck

From a men’s prayer breakfast to a pastor’s home, a YWCA meeting room and, finally, to a renovated movie theater, City Church has grown in size, stature and presence over the last 25 years.

That growth and existence was recently celebrated by the Batavia-based church community with a four-day celebration of family activities, an egg hunt with a special bunny, and an Easter Sunday service.

Senior Pastor Marty Macdonald saw the process as one of submission rather than a forced plan.

“That disappoints many people that, you know, are very goal-oriented … and I believe in all that, but I also sometimes believe that your dreams and your goals when submitted to the Lord, you have to be willing to allow him to move in that direction,” he said during an interview with The Batavian. “Because if you live long enough you find out life isn't always what you hoped it would turn out to be. And many times, if you entrust your life to God's process, he'll make it better than what you hoped or thought it would be.” 

And it was God’s process, he believes, that took a simple men’s breakfast to draw listeners to Macdonald and ask him where his church was located. “We don’t have a church” was his reply, and that served as the springboard to hold gatherings at the home of Macdonald and his wife Patti.That small group first met for an Easter Sunday service in 1997. Three or four years later, Rose Caccamise of Roxy’s Music Store then suggested to meet at YWCA on North Street, which is where the church settled until its numbers outgrew the space and a larger venue became available. 

In 2001, the church moved into the former Mancuso Theater on East Main Street. There has been another spurt of growth in 2016 with an expansion into the former St. Anthony’s Roman Catholic Church on Liberty Street, on the city’s Southside. 

From that first major step to set up at YWCA, Macdonald has reached out to his most reliable guide. He told Caccamise, “Let me pray about it.”

“I hung up the phone. It's kind of funny because I just felt really like the Lord saying to me, do I have to make it any plainer to do? So we did that,” he said. “We didn't have a sound system, and Rose, she gave us the sound system. She said whatever you can pay for, pay for it, because we weren't taking any money at the time; we just were getting together. So that's the formation of, you know, how we began, how it started.”

During an anniversary celebration talk last Thursday, he gave the analogy about a turtle on top of a fence post: you know he didn’t get there on his own, he said.

“And that's the way it is in my life and in the church as well, that a lot of people help,” he said.

One of his friends in Bellevue, Washington even inadvertently helped with the church name. Macdonald was at Dunkin’ Donuts mulling over possible names and thinking about his love for Batavia and the city community. It then came to him: City Church. The friend’s church had the same name so Macdonald asked if he could use it, and the reply was yes. City Church became incorporated as a not-for-profit. 

“You can see now, and going back to having goals and visions, my mind worked to that scale. But God, he had a bigger goal and a bigger vision,” he said. “Sometimes our goals and our dreams are much smaller than what God has for us.”

Church leaders pursued the theater once it came up for sale, he said, which was “amazing,” especially given the fact everyone was meeting at his home about four years prior. And then “we're moving into (the theater).”

“It was mammoth, you know, from meeting in your living room into a space to have 600 seats. And that was just a huge undertaking for us back then. But it's proved out to be an incredible place for church and for our multiple outreaches that we do on a regular basis,” he said.

The church has remained nondenominational — which isn’t to say Macdonald is “anti-denominations,” he said — as a community church with origins of being home-based, as early Christians had done. And as time has moved on, the congregation has grown under the tagline of “we do life together.”

“Because I'd hate to do it alone,” he said.

Part of doing life together includes his wife Patricia (Patti), and three sons, Benjamin, married to Amanda, and three children; Ryan, married to Samantha, and two sons; and Garrett, their youngest son. All of them help out at the church, and “I couldn’t have done it without any one of them,” the pastor said. Ryan assists with the ministry full-time and has developed into a polished and mature preacher, the proud dad said, and is doing “just a fabulous, fabulous job.”

“My family means just so much to me. And I'm just so grateful that they're all in church with me,” he said, adding that they all live in the nearby community. “And I'm just incredibly fortunate for that, I really am just fortunate.”

Macdonald credits son Ryan for taking the lead on repairs and revamping St. Anthony’s, plus activities such as open gym night and food distributions. 

“He's really just done a phenomenal job, turned that property around,” Macdonald said. “Just think of that. You know that St. Anthony's school was empty for 10 years. Nothing at the church for years … I walked in that church, there were pigeons flying through it. The school had holes in the roof, there was so much water running in there. And that's all been transformed. And largely, that's attributed to him and his gifting in that he's done an incredible job.”

The Generation Center, a large meeting and dining venue on Center Street, is another aspect of City Church, besides its many community programs. There are four weekly church services, small group sessions, open gym, activity night, game rooms, and food distributions every other week at St. Anthony’s for a crowd of up to 1,000 people. There are also celebrate-recovery groups and a food pantry. These programs have made “an incredible difference” to people in need, he said.

Macdonald keeps in touch with some of those needs as an active member on the Downtown Business Improvement District board, Community Justice Advisory Council and as a Notre Dame High School board member. He’s also been known to climb aboard a piece of equipment, say a forklift, and do what’s necessary. 

“And so we keep active in the community, and we love our city. We love the people that love our county or region. And I'm just really grateful for where we're at right now, really,” he said. “Now I really believe that God cares for the city, He cares for people. The Bible says ‘when the city is healthy when the city rejoices, people prosper.‘ And I really believe that, I see that in our city. I see our city greater now than I've seen it in the years that I've been there. 

“We're always going to have challenges. People are going to think things should be one way or the other. But where the city is at right now, where it's headed, I really think it's amazing to see the changes that are taking place.”

Editor's Note: Howard Owens contributed to this article. 

Top photo: Senior Pastor Marty Macdonald leads a service on stage at City Church in Batavia. Ryan Macdonald follows in his dad's footsteps as a full-time ministry assistant at City Church. Senior Pastor Marty Macdonald and members of the congregation participate in an Easter Sunday service at the East Main Street church. Photos by Howard Owens.

 

History Heroes program returns to HLOM this summer

By Anne Marie Starowitz

The Holland Land Museum will be rocking this summer with this year's theme, The Fabulous Fifties. I am very excited to return as a teacher for this program. My goal is to give the children a glimpse into what it was like to live in the 50s.

We have many fun activities planned. First, we hope to display several artifacts from the museum, such as a Sylvania black and white TV, various early telephones, a phonograph, record albums, 45s, and a phonograph needle. Also on display will be typewriters, early cameras, movie cameras, a transistor radio, ball-bearing roller skates, and a skate key.   

This summer, the Holland Land Office Museum will recreate the 50s. The children will compare what we had back then to what we have today; they will check out the clothing in the attic, learn about the history of the 50s and experience an old-fashioned ice cream soda and a cherry coke.

We will have an outdoor day of play. The children will be divided into groups where they will play against each other to give them a sample of what baby boomers experienced. No cell phones are allowed. Instead, we will bring out the hula hoops, chalk for hopscotch, rope for jump roping, a can for kicking, marbles, and much more.

The children will have the Holland Land Office Museum as their home for one week. They will learn their local history by visiting the various rooms at the museum and looking at all the exhibits.

If you have a child between the ages of 7 and 12, sign them up for rocking time living in the 50s.   The program will run from July 26th to July 30th. Please contact Ryan Duffy, the Executive Director of the Holland Land Office Museum, at 343-4727.

Anne Marie Starowitz, Coordinator

Zonta Club makes donation to assist evacuees relocating to WNY

By Press Release

Press release:

The Zonta Club of Batavia-Genesee County is partnering with the Episcopal churches of Genesee County to assist evacuees relocating to Western New York.  The churches are collecting donations to fill “welcome boxes” which outfit rooms in new housing.  The Zonta Club has committed $3,000 in service funds to support this effort.  Donations will be given to Journey’s End Resettlement project in Buffalo for distribution.  Zonta President, Patti Pacino, noted that, “We really felt the need to help the women and their families in whatever way we could as they try to rebuild their lives.  A couple of our members were familiar with what the Episcopal churches were doing and it made sense to join with them in providing assistance.”

Zonta International is a global service organization which ranks as the largest NGO supporter of UN Women programs.  With clubs in over 65 countries, Zonta works to advance the status of women and girls through education and advocacy.  Zonta International was founded in 1919 in Buffalo, NY; the local club was chartered in 1958.

For those interested in donating to this effort go to https://episcopalpartnership.org/afghan-refugee-resettlement-efforts-expand-congregations-can-prepare-welcome-boxes/ and click on “inventory for welcome boxes.”  Please call 585-343-6802 to schedule drop-off time at St. James, Batavia.

Submitted Photo: The Ven. Deacon Diana Leiker, Amy Swanson, Zonta Club of Batavia-Genesee County, Jo-Ann Bestine, St. James Episcopal Church, Batavia.

Law and Order: Le Roy man charged with rape

By Howard B. Owens
Marco Hernandez

Marco Antonio Hernandez, 22, if South Street, Le Roy, is charged with criminal sexual act 1st and rape 1st.  Hernandez was arrested and charged in relation to an incident reported at 11 PM on July 30 on South Street in LeRoy. No further details released. He was ordered held on $5,000 bail.

Peter Joseph Gravante, 33, of Swamp Road, Byron, is charged with bail jumping 3rd, Gravante is accused of missing a court date in Town of Byron Court. Gravante was given an appearance ticket and released.

Cameron Jacob Sokolowski, 29, of River Street, Batavia, is charged with bail jumping 3rd.  Following his arrest, Sokolowski was issued an appearance ticket and released.

Justin Micheal Conner, 29, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding, and failure to yield to an emergency vehicle. Conner was stopped at 12:56 a.m. on April 9 on Clinton Street Road, Batavia by Deputy Ewert Morgan. Conner was issued appearance tickets and released. 

Brenda Marie King, 57, of West Main Street, Batavia, is charged with petit larceny.  King is accused of stealing merchandise from Walmart at 2:39 p.m. on April 16. King was released on an appearance ticket.

Jamal Cineque Robinson, 19, of Gilbert Street, Le Roy, is charged with assault 3rd and obstruction of governmental administration. Robinson was allegedly involved in a dispute at 7:45 AM on April 14 at a residence on Gilbert Street. As a result of an altercation of a victim reportedly sustained a head injury. Robinson was a range in Town of Le Roy Court, an order of protection was issued, and he was released on an appearance ticket. 

Andrew Scott Lehman, 31, no address provided, is charged with DWI, driving with a BAC of .08 or greater, and failure to yield right of way on the left turn. Lehman was stopped at 6:50 PM on April 5 on East Main Road in Le Roy by Le Roy patrol officer John Ceneviva. He was released on traffic tickets.

Thomas P. Scanlan, 28, of Le Roy, is charged with driving while ability impaired/under the influence of drugs or alcohol, driving the wrong way on a one-way street, and driving in violation of a conditional license. Scanlan was stopped by a Batavia patrol officer on North Spruce Street at 7:40 p.m., Jan. 30, and arrested on April 9. He was issued traffic tickets and released. 

Jeffrey E. Schnettler, 50, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to use designated lane, and failure to keep right. He was stopped at 1:48 a.m. on April 9 on Pearl Street by a Batavia patrol officer. He was issued and released. 

Crystal A. Mounts, 44, of Batavia, is charged with petit larceny, conspiracy 6th, and failure to appear. Mounts was arrested on a total of six warrants out of City Court including ballistic chargers. Mounts was arraigned in City Court and released on her own recognizance.

Samuel R. Baudanza, 25, of Wyoming, is charged with criminal possession of a controlled substance 7th. Baudanza was arrested by State Police in connection with an incident report at 12:18 a.m. on April 16 in the Town of Le Roy. He was released on an appearance ticket. No further details released. 

Rodney W, Willis, 41, of Basom, is charged with assault 1st. Willis was arrested by State Police on April 14 in connection with an incident reported at 3:28 a.m. on February 20. He was ordered held in jail. No further details released.

Iverson M. Davis, 20, of Rochester, is charged with grand larceny 3rd and eight counts of possession of a forged instrument 2nd.  Davis was arrested on April 12 in connection with an incident reported on March 30 at 10 a.m. in the Town of Batavia. He was released on an appearance ticket. No further details released. 

Jacobs takes up the cause of gun owners who file for bankruptcy with bill allowing them to protect firearms

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) led 15 representatives in introducing the Protecting Gun Owners in Bankruptcy Act to ensure an individual’s right to self-defense is not stripped due to financial hardship.

“An American’s right to protect themselves and their family is not conditioned on their financial standing. People fall on hard times, but their fundamental rights afforded under the Second Amendment are ensured by our Constitution and must be protected,” Jacobs said. “I am proud to lead this effort in the House to ensure any law-abiding American can continue to defend themselves despite financial hardship, and I will continue my work to protect and defend the Second Amendment.”

“I am proud to sponsor legislation to ensure gun owners can always maintain their Constitutional right to bear arms. The government should not be allowed to take advantage of lawful gunowners who have declared bankruptcy,” Rep. Stefanik (NY-21) said.

“The Second Amendment is one of the most fundamental rights in our Constitution,” Rep. Feenstra (IA-04) said. “Bankruptcy proceedings should not disqualify any American from exercising their constitutional freedoms. As a strong supporter of the Second Amendment, I will always protect the right to keep and bear arms.”

“The right to self-defense is God-given,” Mullin (OK-02) said. “Our bankruptcy code should reflect that. As the Biden Administration continues their assault on our Second Amendment rights, we must stay diligent in protecting them. I want to thank my fellow cosponsors on this bill who recognize this too.”

“The Second Amendment codified Americans’ right to keep and bear arms, and that right should not be considered circumstantial. This legislation will ensure that, even when they may be struggling financially, responsible gun owners across America are still able to access their firearms as guaranteed by the United States Constitution,” Rep. Newhouse (WA-04) said.

The Protecting Gun Owners in Bankruptcy Act (H.R. 7493) would modify federal bankruptcy law to allow an individual debtor to exempt from their bankruptcy estate one or more firearms up to a total maximum value of $3,000. The bill also specifies that such firearms are household goods that are not subject to liens in bankruptcy.

The legislation was originally cosponsored by Representatives Cawthorn (NC-11), Newhouse (WA-04), Weber (TX-14), Mooney (WV-02), Van Drew (NJ-02), Garbarino (NY-02), Stefanik (NY-21), Tenney (NY-22), Mullin (OK-02), Gosar (AZ-04), McKinley (WV-01), Budd (NC-13), Norman (SC-05), Feenstra (IA-04), and Herrell (NM-02)

Richmond library vote on May 5

By Press Release

Press release:

Voters who reside within the Batavia City School District, and who are registered to vote with the Genesee County Board of Elections are invited to vote for the 2022 Library Budget Vote and Trustee Election on May 5, 2022 from 9 am to 9 pm at the Richmond Memorial Library.   

Items to be voted:

Public Library Budget: Proposition: Shall the Board of Education of the City School District of Batavia be authorized to raise by tax $21,865 to increase the annual appropriation from $1,359,604 to $1,381,469 for the benefit of the Richmond Memorial Library?

Trustee Election: Rebecca McGee will seek a second 3-year term on the library's Board of Directors

A link to the budget newsletter via our website:

2022-2023 Budget Newsletter & 2020-2021 Annual Report

Court facility security changes prompting reassignments at Genesee County Sheriff's Office

By Mike Pettinella

The Genesee County Sheriff’s Office will be reassigning its courthouse deputy positions in light of news that the New York State Office of Court Administration will be providing its own security team this summer.

County Sheriff William Sheron shared this during an update of his department today at a meeting of the County Legislature’s Public Service Committee at the Old Courthouse.

“The Office of Court Administration that oversees the (Genesee County) Court Facility … did put us on notice that they're going to have their own private security take over,” Sheron said. “The court security (change) originally was going to be April 1st, but that did not give us enough time for transition so they did agree to July 1st. That means the five court officers -- deputies and sergeant -- will be returning to the sheriff's office and assigned to various duties.”

Sheron said the court positions will be eliminated through attrition.

“Right now, we have two vacancies and we anticipate a third officer will be retiring in July,” he said. “Another officer (will retire) at the end of the year and a third officer, the first part of 2023.”

He said the court sergeant will return to road patrol and be assigned as an administrative sergeant.

“I do need some type of position … to take up some of these administrative duties that just got overwhelming over the last few years with discovery and body cam footage and so forth,” Sheron advised.

The sheriff reported that four deputies will be completing field training next month.

Additionally, two deputies came to the department as lateral transfers from Syracuse and the State Park Police, which will save the office “a little money … as they came to us fully trained,” he said.

Two other deputies are in law enforcement academies, with one in Erie County to be available for duty in December and the other in Niagara County to be available for duty in February 2023.

At least a half-dozen officers are in other types of training, Sheron said.

“We do have a young staff so we have a lot of in-service training for investigators -- anywhere from basic criminal investigations training to evidence collection and interview interrogation,” he said.

Included in that group are the office’s K9 patrol, Sheron said, noting that “both of our canines are doing very well – healthy at this time and are on patrol.”

The Sheriff’s Office school resource officer program is running smoothly, he said, adding that Pavilion Central School District recently voted to go from a 12-month contract to a 10-month contract that will take effect in September.

Sheron said he is having to deal with the excessive amount of time that it takes to deal with certain crimes, especially fraud cases.

“Everything’s requiring a subpoena or search warrant,” he said. “Banks just want more records. It's really taxing on our investigators. I just want to bring that to light because we are seeing more and more and more of this.”

Statistically, deputies are seeing a dramatic increase in the number of warrants served.

“Usually, we have 170 to 190 active warrants at a time. Right now, we’re running 325 to 350,” the sheriff said.

Some more statistics, as of April 1:

  • Felony investigations, 71.
  • Juvenile investigations, 8.
  • Drug task force investigation cases, 10.
  • Other investigations (misdemeanors, pistol permit, fatal traffic accidents), 167.
  • Items of evidence processed, 312.
  • Incidents, 7,799.
  • Background investigations, 11.
  • Motor vehicle accident reports, 324.
  • Motor vehicle accidents, 474.

The Sheriff’s Office oversees seven areas: jail, civil/records, criminal investigations, communications, road patrol (including animal control), Genesee Justice and Justice for Children Advocacy Center.

Department heads reported to the Public Service Committee in the following areas today:

COMMUNICATIONS

Emergency Communications Director Steven Sharpe said his department is having difficulty filling four part-time dispatcher positions, citing qualifications, the “plug-in” nature of the shifts involved and the hourly wage being offered.

“We’ve got people who are on the Civil Service list but they don’t want to take a part-time job,” Sharpe said. “So, they also tie up the list. Part-timers that we do get – who are on the list – we can’t reach them when a full-time position opens. There are other people ahead of them on the list that won’t take the part-time job.”

In an effort to attract young people into emergency dispatch, Sharpe is trying to develop a curriculum at Genesee Community College, but acknowledged that it has yet to take hold.

Sheron also noted that starting pay for a dispatcher is $20.37, less than the $20.50 being offered to overnight stockers at Walmart.

“And it’s not just law enforcement, it’s everywhere,” he said. “We’re going to have to start looking at wages.”

Other communications highlights:

  • 2021 calls for service: 76,751 (consisting of 81,107 dispatch events for police, fire and EMS).
  • Molasses Hill Tower is complete and was funded by four different NYS Statewide Interoperable Communications Grants. The final acceptance occurred in February.
  • The Cedar Street Tower at County Highway department is significantly overloaded and will require replacement due to changing engineering standards. Ice loading requirements have been increased from a half-inch under previous standards to 1-3 inches. Sharpe is seeking budgetary quotes to submit a capital improvement project for 2024 at the latest.

COUNTY JAIL

Jail Superintendent William Zipfel said openings include a senior correction officer, part-time correction officer, registered professional nurse and, as of this month, six correction officers (four to replace the officers assigned to the new jail transition team).

He also said he has been unable to find someone to fill the part-time cook job (paying $17.32 per hour) for quite some time.

Expenses are going up significantly, specifically in the Medicated Assistance Treatment program, food, supplies and energy, Zipfel said.

The MAT program is straining the jail budget due to the fact that prescribed controlled substances, such as suboxone, cannot be returned for refunds and cannot be given to another inmate. They must be destroyed.

People come in and they get prescribed suboxone and methadone and all kinds of controls, and next thing you know, they're released. We can't send those back. We can't use them for anyone else,” he said. “We turn it over to an investigator and they get destroyed. And until somebody decides to do something about this program that says, ‘If I want it, I get it,’ I don’t know what we’re going to do. It just keeps increasing and increasing and increasing.”

Zipfel said the jail’s overtime budget is on the rise, as well, due to the “huge number of hours just for constant watches in the first quarter of this year.”

“I don't see that stopping or going down a lot. We're dealing with sicker population as far as physical and mental issues, and we have to put them on constant watch,” he said, adding that intervention by mental health professionals has helped.

Some jail statistics through the first quarter of 2022:

  • Overtime Budget, $112,369.
  • Constant Watch and Hospital Hours, 2,118.
  • Food Costs/Meal Services, 15,799 meals served; $21,677.06 total cost; $1.3720 cost per meal.
  • Average Daily Population, males, 55.6.
  • Inmates Boarded Out, females, 30 inmates, $64,300 (not including Wyoming County).
  • Inmates Boarded Out, males, 10 inmates, $25,140 (not including Wyoming County).
  • Parole and State Readies as a portion of the Average Daily Population, 15.

GENESEE JUSTICE

Program Coordinator Diana Prinzi reported three part-time community service/victim assistants are needed, but the possibility of combining two of the part-time jobs into a full-time position is being considered.

Funding for the department through the Office of Victim Services decreased this year by nearly $14,000, dropping the total to $130,104 – the original funding amount released in 2019.

She said the office is requesting $181,917 per year for the new contract period that runs from Oct. 1, 2022 through Sept. 30, 2025. Department of Criminal Justice Services’ grant funding: has remained the same since 2019.

The agency’s program numbers in the area of Release Under Supervision, Community Service and Victim Assistance are increasing and expected to hit or exceed pre-COVID statistics.

JUSTICE FOR CHILDREN ADVOCACY CENTER

Program Coordinator Theresa Roth said her department is actively recruiting for a supervising clinical social worker, a position that has been vacant since it was created last November.

Last year was the busiest in the history of the JFCAC, she said, with 262 new cases opened, and this year is expected to meet or exceed that number.

A contract with the state Office of Children and Family Services for funding of the agency’s satellite offices in Albion and Warsaw has been renewed through September 2027, she said, noting that having these locations results in signficant savings for Orleans and Wyoming counties.

Roth also reported a “small cut in funding” from the state Office of Victim Services.

That drew the ire of Legislator Marianne Clattenburg, who called it “reprehensible” that the state would not prioritize services for abused children.

Photo at top: Genesee County Sheriff William Sheron reporting to the Public Services Committee this afternoon. Emergency Communications Director Steven Sharpe is in the background. Photo by Mike Pettinella.

Average gas prices continue downward slide

By Press Release

Press release from the Automobile Club of America:

Today’s national average price for a gallon of gasoline is $4.08, down 3 cents change from last week. One year ago, the price was $2.87. The New York State average is $4.18, down 4 cents from last week. A year ago, the NYS average was $2.89. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $4.23 (down 5 cents from last week)
  • Buffalo - $4.23 (down 5 cents from last week)
  • Elmira - $4.13 (down 4 cents from last week)
  • Ithaca - $4.19 (down 2 cents from last week)
  • Rochester - $4.27 (down 3 cents from last week)
  • Rome - $4.22 (down 2 cents from last week)
  • Syracuse - $4.21 (down 4 cents from last week)
  • Watertown - $4.24 (down 4 cents from last week)

In the past week, the national average for a gallon of regular gasoline has decreased by three cents. This morning, oil prices are $106 per barrel — up six cents since last week. Prices had dropped earlier this month after domestic crude stocks increased by 2.5 million barrels, followed by announcements that 180 million barrels would be released from the Strategic Petroleum Reserve over the next six months and the International Energy Agency would release 120 million barrels from its emergency reserves. The announcement has helped ease some supply concerns, initially pushing crude prices lower. Sanctions against Russian oil are likely to remain at the top of the EU agenda in the coming months, however, experts believe a complete ban is unlikely.

This past week, President Biden announced that his administration will temporarily allow E15 gasoline — which uses a 15% ethanol blend usually banned during warm-weather months as part of anti-pollution restrictions — hoping to bring relief to consumers this summer since the higher-ethanol fuel typically sells for 5 to 10 cents less per gallon than regular gas. However, 12% of the vehicles on the road are not designed to run on E15 gas, including any motorcycle, any vehicle older than model year 2001, any off-road vehicle or vehicles with heavy-duty engines, such as school buses or delivery trucks.

From Gas Buddy:

“We've now seen the national average price of gasoline decline every week for the last month, a feat we most likely would not have expected ahead of summer and given the continued turns in Russia's war on Ukraine. However, the downturn could slow or could even reverse in the days ahead if the rally in oil prices continues," said Patrick De Haan, head of petroleum analysis at GasBuddy. "A barrel of crude is now $14 higher than it was last week, as the European Union weighs placing harsher sanctions on Russia. This could further tilt the delicate balance of supply and demand in the wrong way, potentially sending oil prices up significantly if implemented. The path forward at the pump remains murky, however, with many possible outcomes, so motorists should be prepared for a bumpy ride."

House fire reported on Walnut Place, Batavia

By Howard B. Owens

A house fire is reported at 2 Willow St. in the City of Batavia.  

Smoke and flames are said to be pouring out of the side of the residence.

The occupant may not be home. 

City Fire responding.

UPDATE 3:44 p.m.: The correct address maybe 2 Walnut.  The caller confirmed 2 Willow three times on the phone. She plots to Walnut.

UPDATE 3:56 p.m.: The correct address is 2 Walnut Place.

UPDATE 4:19 p.m.: National Fuel and City code enforcement on location.

UPDATE 5:22 p.m.: City Fire back in service.

UPDATE 5:35 p.m.: Interim Chief Dan Herberger said the fire was contained to a single room but there is smoke damage throughout the house. The cause of the fire is still under investigation. One firefighter suffered a minor injury.

Foss rolls 808; Batavian 3rd in Medina event

By Mike Pettinella

Curtis Foss of Medina closed out the Sneezys Monday Night League season at Oak Orchard Bowl in Albion on a high note last week by rolling an 808 series -- his seventh 800 in league play since last October.

The right-hander's games were 260-290-258.

In the Wednesday Men's Handicap League at Rose Garden Bowl in Bergen, Josh Elliott posted 258--733 and Frank Jarkiewicz shot 278--723.

In league play at Medina Lanes, Amy Allis rolled 279--717 on April 4 and followed that up with 256--735 on Thursday night.  A solid 10-pin in the 10th frame of the 279 cost her a chance at a perfect game.

ROCHESTER BOWLER TRIUMPHS

Nicholas Manioci of Rochester claimed the $750 first prize in the Hop Between Singles Handicap Tournament at Medina Lanes, defeating Hayden Allis of Medina, 206-204, in the title match. Allis earned $500.

Rounding out the top five were Derek Leach of Batavia ($350), Teagan Miller of Albion ($250) and Chris Foss of Medina ($175).

Eighteen of the tournament's 60 bowlers cashed.

Mancuso Bowling Center will be hosting a three-person handicap no-tap tournament on April 30, with squad times at noon and 2 p.m. The entry fee is $75 per team and first place, based on 40 entries, is $750. Call 716-474-7960 to enter.

Grounds and emotional maintenance priorities for O-A, Pembroke school districts

By Joanne Beck

Editor's Note: The Batavian has reached out to all public school districts in Genesee County to check on how the budget season has been going so far. School district responses will be published as they are received.

While neither Oakfield-Alabama nor Pembroke school districts plan to eliminate any jobs, each would like to add at least one position, including a social worker and maintenance person, to the 2022-23 budget.

First up is Oakfield-Alabama Central School, which reports a tax levy “way under” the cap of 1.97 percent. With a proposed 2022-23 budget of $23,589,606, or a 10.45 percent increase, the district is looking at a 1.1 percent tax levy increase, Superintendent John Fisgus said.

Although expenses for this next year are “hard to manage and estimate at times,” the district has proposed adding three positions: one elementary school special education teacher, one maintenance worker and one guidance office secretary.

During the school board’s March 15 meeting, the need for a maintenance worker was reviewed and explained. There have been two grounds and one maintenance staff to tend to the district’s property, sports fields and building maintenance. The proposed additional position is “no reflection on staff,” Fisgus said, but is called for given the amount of work to be done. 

There are 70 acres to maintain and landscape, which gives each of the two grounds people 35 acres each. Adding a maintenance position would reduce that to about 23 acres each. Maintenance also does the winter snowplowing in addition to grooming the baseball and football fields and other outdoor areas, he said. This person would also serve as a backup for the existing staff. As it is, the district is down one grounds person, which will be replaced, he said.  

“I always thought the size of this district was small and rural, but wow, do we have land,” he said. “Especially with the capital project. We want to make sure our maintenance can keep up with the (work to be done). If someone called in … we’re very worried.”

The current staff has been doing “quite a bit of overtime” to get tasks done, Director of Facilities Jordan Yager said. “They’ve done an awesome job; they just can’t get to everything they need to get done.”

Hiring the additional position would cut down on overtime, he said. 

Good news for the district is a state aid boost of $1.5 million more or an 11 percent increase, Fisgus said. As for predicting future costs, “it's a guessing game when we don't know the outcome of the Governor's Budget,” he said. 

“With the increased costs of gasoline, electricity, and other utilities, we have to forecast out how much longer these increased expenses might continue,” he said. “The inflation rates along with the allowable levy growth factor play into our decision-making when calculating our expenditures.” 

Although revenues are up by $2,168,785 from this past year, he is concerned about Foundation Aid, which has tentatively reflected a decrease of about $100,000 from what the district expected, he said.

“That’s huge for a small rural school. We will need to wait and see what the Governor’s budget entails,” he said. “Our Board of Education is well informed to make the most appropriate and fiscally responsible decisions for our community. I praise their work and commitment to our students, staff, teachers, administrators, and school community. It also helps to have the best Business Adminstrator around to navigate these waters.”

This year’s budget ballot will include a proposition to add a student representative to the Board of Education in 2023. Fisgus is “excited for the opportunity” to have a student on the board, he said. Student ex-officios provide input and updates from the student community, and typically do not vote on district matters. 

“We will have a separate proposition on the ballot for our community to vote on this,” he said.

Pembroke Central School does not have a proposed budget as of yet, Superintendent Matthew Calderon said. District officials usually recommend a tax levy increase of about 2 percent, even though “there are times when the tax cap is far above that,” he said.

Since the tax cap formula includes a calculation for a capital outlay project, he is proceeding with caution before determining a tax levy and related increase or decrease.

“We are waiting for the state budget to pass to determine whether or not we can include a capital outlay project in the proposed budget. That decision will affect our final allowable tax cap and is to be determined,” he said. 

Total expenses are also to be determined, he said,given that “there are expenses that are out of our control.” Those expenses include the rising costs for utilities and health insurance, “which limits our capacity to expand programs for students.”

An increase in state aid, based on the governor’s initially proposed budget, was not enough to cover the district’s preliminary budget, Calderon said. That may mean some belt-tightening if necessary.

“We are prepared to reduce costs to eliminate any deficit,” he said. “And a few retirements may assist in doing that.”

Pembroke is looking at adding one social worker position to “better support the social-emotional needs of students, families and employees,” he said. There are no plans to eliminate any positions.

As for the budget process, there is one big, unanswered question.

“It is challenging to propose and finalize a school district budget when the state budget is late,” Calderon said. 

School budget votes are on May 17, and each school district will conduct a hearing/presentation at least one week prior to the vote. Oakfield-Alabama's hearing is scheduled for 6 p.m. May 10  and Pembroke's hearing is at 6:30 p.m. May 10.

File photo: A new tennis court at Oakfield-Alabama is one of the items needing maintenance at the district, officials say. Photo by Howard Owens.

Photos: Kiwanis Easter Egg Hunt returns to Centennial Park

By Howard B. Owens

After a two-year hiatus, the annual Batavia Kiwanis Easter Egg Hunt returned this morning to Centennial Park in Batavia. Despite damp and cold conditions a couple of hundred children turned out to hunt for hundreds of eggs, including golden eggs that contained a slip that awarded the finder a giant chocolate bunny from Oliver's Candies.

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