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Health Department announces free anti-rabies clinic Aug. 11 at Fairgrounds

By Press Release

Press release:

The Genesee County Health Department will be hosting a FREE drive-thru anti-rabies immunization clinic on Thursday, August 11th from 4:00 p.m. to 7:00 p.m. at the Genesee County Fairgrounds (5056 East Main Street, Batavia).

New York State Public Health Law requires all dogs, cats and domestic ferrets to be vaccinated against rabies after they reach the age of 4 months. Animals must also remain up-to-date on rabies vaccinations and owners can be fined up to $200 if they fail to get their pets vaccinated and keep them up to date.

“Animal rabies continues to be a serious public health problem in Genesee County,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “We remind all residents to make sure that their animals are immunized against rabies and that their vaccinations are kept up to date.”

Vaccinations are free for dogs, cats, and ferrets, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal. Limit 4 pets per car maximum.

To save you time, please click here to fill out your registration form in advance. Be sure to print out two copies for each pet to be vaccinated and bring them with you to the clinic.

The next anti-rabies immunization clinics are as follows:

  • Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia, NY)
    • Thursday, September 15th, 2022 from 4:00 p.m. to 7:00 p.m.
    • Thursday, October 13th, 2022 from 4:00 p.m. to 6:00 p.m.
  • Orleans County Clinics at the Orleans County Fairgrounds (12690 Rt. 31, Albion, NY)  
    • Saturday, August 13th, 2022 from 9:00 a.m. to 11:30 a.m.
    • Saturday, October 15th, 2022 from 9:00 a.m. to 11:30 a.m.

For more information on Health Department services, visit GOHealthNY.org or call 589-3278 for Orleans County or 585-344-2580 ext. 5555 for Genesee County.

PUBLIC NOTICE: Town of Batavia Planning public hearing, Pike Road Solar Project

By Legal Notices

PUBLIC NOTICE:

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by RPNY Solar 6, LLC – Pike Road Solar Project.  The proposed project involves the development of a 3.0 MW AC solar development located on approximately a 14.00-acre portion of a 29.5-acre parcel (18.-1-25-21) in the Town of Batavia, Genesee County, New York.  The project will involve the installation of ground-mounted fixed tilt photovoltaic panels as well as an associated access road, electric utility upgrades, power inverters, and perimeter fencing for the solar energy system.

Said hearing will be held at the Batavia Town of Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY on Tuesday, August 16, 2022 at 7:00 p.m. at which time all interested persons will be heard.  If you cannot attend, you may send your comments and concerns to the Chairman at kjasinski@townofbatavia.com  before the hearing.  A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board
Kathleen Jasinski, Chairman.

Publisher's Note: Legal Notices/Public Notices are published by The Batavian for free as a public service pending revision of state law that will allow digital news publications to publish legal notices that meet the legal requirements of such notices. Clerks: Email your notices

PUBLIC NOTICE: Town of Batavia Planning Board public hearing, Alexander Road Solar Project

By Legal Notices

PUBLIC NOTICE:

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by RPNY Solar 7, LLC – Alexander Road Solar Project.  The proposed project involves the development of a 2.0 MW AC solar development located on an approximately 10.0-acre portion of a 68.30-acre parcel (18-1-20.21) in the Town of Batavia, Genesee County New York. This project will involve the installation of ground-mounted fixed tilt photovoltaic panels as well as an associated access road, electric utility upgrades, power inverters and perimeter fencing for the solar energy system.

Said hearing will be held at the Batavia Town Hall, 3833 West Main St. Rd., Batavia, NY on Tuesday, August 16, 2022, at 7:00 p.m. at which time all interested persons will be heard.  If you cannot attend, you may send your comments and concerns to the Chairman at kjasinski@townofbatavia.com  before the hearing. A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board

Kathleen Jasinski, Chairman.

Publisher's Note: Legal Notices/Public Notices are published by The Batavian for free as a public service pending revision of state law that will allow digital news publications to publish legal notices that meet the legal requirements of such notices. Clerks: Email your notices

Photos: GLOW Corporate Cup 2022

By Howard B. Owens

Kim Mills, a frequent winner of local 5Ks in recent years, once again had the best women's time in the GLOW Corporate cup, crossing the finish line at 19:31.

Perry MacKinnon, an intern with Farm Credit East, and from Canada, bested the men's field by two minutes with a time of 15:23.  Zakariah Jantzi, Bontrager Real Estate & Auction, came in second at 17:24.

Bontrager won the team competition with Zakariah, John Bruggman (17:41 and third overall), and Abby Jantz (19:56, second among women).

In the 50-59 age group, Brian Fraser, 52, came in first at 18:50, and Nathan Balduf, 52, second at 22:14.

For full race results, click here.

UPDATE 5:45 p.m.:  Coordinator Steve Tufts reports that there were 760 registered participants and 599 completed the 5K race.

"Yellowjacket Racing – our race management company – tell me that they’ve been seeing 20-25% no-shows since the pandemic," Tufts said. "They added that our 6% increase over last year was good because most races in the northeast this year are down from last year."

There were 50 teams.  There was no cost to have a team but each registration was $25.  Some employers covered all or some of this expense for their team.

The winner of the team T-shirt contest was U.S. Gypsum Co.  They actually repeated from last year.  The Merrill Lynch office will donate $500 to their charity of choice in the near future.

There were 8 Gold sponsors at $1,000, 13 Silver sponsors at $500, and 10 Bronze sponsors at $250.

There were 38 corporate tents of various sizes mapped around a stage and numerous more 10x10s were thrown up on the perimeter.

There was a first-time winner this year of the GLOW Corporate Cup:  Bontrager Real Estate & Auction.  This team competition combines the fastest 3 local employee times of a team and compares that to other teams.  The perennial favorite team from Batavia City Schools was second and Intergrow Greenhouse was third.

Early estimates on the net money raised for the GLOW YMCA is around $25,000, Tufts said.

"There was a route change this year in case Richmond Avenue was impassible due to road construction," Tufts said. "We probably could have run the original course, but a lot of work went into designing a different way to safely get runners and walkers around this city at the tail end of rush hour on a hot August night.  Starting at the south side of Centennial Park allowed us to close off traffic to the section of Park Avenue nearest State Street.  It was fun running down State, turning left onto Washington Avenue, and left again onto Bank Street.  Two huge water stations were necessary this year along with a misting tent at the finish line."

We will update this post with more information from the organizers when it is available.

Perry MacKinnon

Zakariah Jantzi

Team WBTA

Grillin' in the Upstate Toyota tent.

Liberty Pumps tent.

The Blueways Band provided the soundtrack for the race afterparty.

UPDATE: 

Here are a couple of additional shots of one of the water stations by Jim Burns.

Photo: Maltby Road Sunset

By Howard B. Owens

Sunset from Maltby Road, Oakfield, on Thursday evening.  

Photo by Joanne Meiser.

Foreclosures are no foregone conclusion for City Centre, officials say

By Joanne Beck

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

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

The foreclosed properties and their assessed values are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hawley urges fiscal restraint in Albany, protections for business owners

By Press Release

Press release:

Assemblyman Steve Hawley (R, C, I-Batavia) is urging lawmakers to consider options to reduce state spending following a report by the Division of Budget predicting the state will face projected budget gaps totaling $13.7 billion over the next five years. 

Additionally, the assemblyman is imploring action to be taken to ensure the state’s small business owners are not made to bear the burden of the Legislative Majority’s fiscal irresponsibility. To this end, he is sponsoring a bill (A.7211) that would suspend employer contributions to the interest assessment surcharge fund through 2023, a fund created to help the state repay money borrowed from the federal government to pay unemployment benefits during the COVID-19 pandemic that business owners have been required to contribute to regularly.

This change in the Division of Budget’s economic forecast was spurred by an expected decline in tax revenue caused by recent downturns in the stock market and economy as a whole. For years, Hawley has criticized the Majority for their egregious spending, pointing to the fact that several of the state’s recent budgets have been larger than those of Texas and Florida combined, with this year’s record-breaking budget amounting to $220 billion in total spending.

“Just as millions of Americans are preparing to do in these next few months, it is high time our state tighten its belt and take a hard look at how we can cut waste while still taking care of our residents’ basic needs,” said Hawley. “Whether you look at red states like Texas or blue states like California, they spend far less per capita in their budgets, and I’m certain we could provide a similar value to our taxpayers. In any case, we must work to ensure that our state’s already-strained small business owners are not left to pick up the bill that’s accumulated after years of overspending by the Legislative Majority.”

Assemblyman Hawley represents the 139th District, which consists of Genesee, Orleans and parts of Monroe County. For more information, please visit Assemblyman Hawley’s Official Website.

Summer's here: flowers, sunshine, and construction

By Joanne Beck

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

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

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

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

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

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

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

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

New members sought for Youth Court

By Press Release

Press release:

Calling all 8-11th graders, the Genesee County Youth Court is recruiting new members!  Youth Court is a voluntary alternative for young people who face disciplinary action through school or law enforcement.  Youth who are referred admit to the charge and appear before a court of their peers.  Three youth judges listen to both sides of the issue and determine an appropriate disposition.  The goal of youth court is to improve youth citizenship skills and decrease problematic behavior. 

Youth Court members learn about the judicial process & law enforcement; develop group decision-making, leadership and public speaking skills; participate in all roles of the courtroom: judge, prosecution, defense, and bailiff. 

Genesee County 8-11th graders who are interested can go online to download an application from the website https://www.co.genesee.ny.us/departments/youthbureau/youthcourt.php .  Applications are due by August 12th.  Interviews of potential candidates will take place in August and September with the training to begin in October. 

For more information on the Genesee County Youth Court, please contact Chelsea Elliott at the Genesee County Youth Bureau, 344-3960.

Senator Rath urges action on legislation to increase government transparency

By Press Release

Press release:

Senator Rath is calling for action on legislation he sponsors in the Senate that would work to increase the transparency of our state government.  

“Creating more transparency around our state government and its processes is extremely important.  Assuring that residents have faith and understanding of our government is essential.  Unfortunately, Albany has a reputation for its closed doors, corruption, and cover-ups, I am fighting to change that,” said Senator Ed Rath. 

The legislation that Senator Rath sponsors is a package (S.6931, S.6932, S.6933, S.6943, S.6935, S.8588) which includes: initiatives to expand political contribution reporting requirements, restrict certain contributions from public officials and restrict certain contribution time periods.  All bills were active in the 2021-2022 legislative session.  

“Recently we have seen questions surrounding the Governor’s donors being awarded state contracts, this needs to end.  The continuous pay-to-play culture of Albany is unacceptable. I believe this legislation is a step in the right direction,” said Senator Ed Rath. 

For a full listing of the bills and their explanations, visit https://www.nysenate.gov/legislation

 

Richmond Memorial Library hosting Friend of the Year reception, garden dedication Aug. 13

By Press Release

Press release:

The Richmond Memorial Library will host a Garden Dedication and Friend of the Year Reception on Saturday, August 13, beginning at 10:00 am near the garden by the Ross Street entrance. Nancy Mortellaro and Anne Iannello will be honored in separate ceremonies for their contributions to the library.

Beginning at 10 am, the Richmond Memorial Library Board of Trustees will dedicate the Lisianthus flower garden to longtime volunteer and library supporter Nancy Mortellaro.

"Nancy's dedication to the library has taken numerous forms over the decades, but most recently and most visibly she's been purchasing, planting and caring for the beautiful Lisianthus flower garden near the Ross Street entrance of our driveway, or coordinating the efforts of volunteers who plant for her,” shared Gregg McAllister, President of the library’s Board of Trustees. “The library board is grateful for her generosity and efforts, and wanted to find a way to thank her."

Immediately following the garden dedication, the Friends of the Richmond Memorial Library will host a reception in the Gallery Room to honor 2022 Friend of the Year Anne Iannello. Each year, the Friends honor a volunteer who has gone above and beyond in their service to the library. Anne is a volunteer with Library Visits, a “ask Marshall” program that brings library services and materials to homebound individuals in Genesee County. She delivers materials to several patrons in addition to making quarterly phone calls to patrons as a form of connection and to check on what they need from the program.

Library Visits coordinator Lucine Kauffman suggested Anne for the award, sharing that “Anne is the kind of volunteer every program hopes for. She has brought so much to our Library Visits patrons and I’m so happy the Friends have chosen to honor her with this award.”

All are welcome to attend these ceremonies. To attend one or both of these events, RSVP by calling the library at 343-9550 x2 or stop by the circulation desk to sign up. For more information about the library or other events, visit batavialibrary.org.

PUBLIC NOTICE: East Pembroke Fire District holds budget workshop Aug. 9

By Legal Notices

PUBLIC NOTICE: 

Notice there will be a Bugdet Workshop held at the East Pembroke District Hall, at 6 pm, Tuesday August 9 ,2022. Workshop will be held at District Building located at 8655 Barrett Drive, Batavia NY 14020. 

Publisher's Note: Legal Notices/Public Notices are published by The Batavian for free as a public service pending revision of state law that will allow digital news publications to publish legal notices that meet the legal requirements of such notices. Clerks: Email your notices to news@thebatavian.com.

Independent Living of Genesee Region calls on organizers to cancel ReAwaken America Tour in Batavia

By Press Release

Press release:

This past week, the governing Board of the Independent Living of the Genesee Region (ILGR) has released an anti-hate and racism statement, in reaction to recent violent events in Western New York and across the country.

Director Rae Frank said “The Governing Council of ILGR felt that it was time to stand up and make it known that the people with disabilities will stand by our friends and neighbors who find themselves marginalized in our society regardless of their religion, color, sexual identity, and other characteristics.  They have, and always will have, a friend and a partner at ILGR.” 

ILGR has adopted the following Equity Statement in response to the aforementioned recent violent racist acts in Buffalo and around the Country. 

“Independent Living of the Genesee Region unequivocally believes all forms of hate and violence directed against people based on their race, ethnicity, gender identity, sexual orientation, disability, religion, age, size, immigration, economic, or housing status has no place in our community.  We are in opposition to all discrimination and racism.  We stand with all members in unity for our community.  Independent Living of the Genesee Region will always be committed to stand with our community and will fight prejudice, discrimination, racism, and bigotry as we continue to advocate for tolerance, inclusion and understanding.”

ILGR believes that this statement is particularly applicable to the recent announcement of Clay Clark’s “ReAwaken America Tour” coming to Cornerstone Church in Batavia.

ILGR joins other concerned citizens in asking for this event to be cancelled in respect for the pain and suffering of many Americans in recent weeks. There is an online petition on the AVAAZ.org website which can be accessed at this URL: https://tinyurl.com/OpposeReAwakenTourBatavia. Interested persons can make their own decisions on whether to join us in asking for this event to bypass our community.

Muckdogs great season ends with 7-2 loss vs Amsterdam in championship game

By Steve Ognibene

In battle of two great teams the Muckdogs came up short on their quest for a PGCBL title last evening at Dwyer stadium.

In the third inning, the Mohawks took advantage of Muckdogs errors and grabbed a 3-0 lead.

That drove frustration on the West Division champions' bench through most of the game and the team struggled to right the ship.

The Mohawks added another run in the seventh and three runs in the eighth inning to take a 7-0 lead.

In the bottom of the eighth inning, a bit of spark came when Jerry Reinhart got a single RBI to left field, bringing home Levis Aguila.

Tyler Cannoe bopped a home run in the bottom of the ninth to make the game 7-2 Amsterdam, and that became the final score. 

With the crowd, community, and fans supporting the team throughout the season the owner Robbie Nichols was greatly appreciative.

Many fans and supporters of the game sent positive notes and remarks from the stands after the game.  Players exchanged hugs, positive words and memories will not be forgotten during the season.

A message from the Muckdogs organization was on Twitter today and can be read here.

To view or purchase photos, click here.

Photos by Steve Ognibene

Sponsored Post: Why rent! Call Reliant Real Estate now

By Lisa Ace


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Health Department seeking dog after bite in Batavia

By Press Release

Press Release

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

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

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

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

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

Mall merchants have their say: the buckets are gone and City Centre is improving

By Joanne Beck

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

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

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

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

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

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

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

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

Current concourse ceiling

Concourse ceiling with tiles beginning to be removed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

And to those that say the mall is dead?

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

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

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

Law and Order: Batavia man accused of sex abuse of child in 2018

By Howard B. Owens
Ronald Washburn

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Top Items on Batavia's List

Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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