batavia

There are to be public hearings in each the city and county this week on the application and use of a $2 million Restore NY grant.

The city's hearing is during a conference session at 7 p.m. Monday in the Council Board Room, second floor, City Hall.

City Council's intended use for the grant is for the Carrs Reborn project in downtown Batavia. Cities with a population less than 40,000 can apply for up to $2 million, and it is available for projects to “demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial and/or mixed-use buildings.”

The former C.L. Carr's site, with an expansive footprint within Main and Jackson streets and is owned by Ken Mistler, is expected to accommodate several upper-floor apartments and business/office use on the ground floor.

City Council is expected to vote on the grant submission during its business meeting to follow. The group is also to vote for support of a county-led Restore NY grant application to offset the $33.5 million Healthy Living campus project on Main Street, downtown Batavia. Work has begun to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee has agreed to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitation/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The county has set two public hearings for 5:30 p.m. Wednesday at the Old Courthouse, 7 Main St., Batavia. In addition to one about the Restore NY grant, there is a hearing about a local law to expand the residency limit beyond Genesee County to open the pool of candidates for Genesee County Sheriff's Office correction officer vacancies.

Rendering of future Healthy Living campus in downtown Batavia, submitted by Rochester Regional Health.

Dan Butler, an artist from Perry, is nearing completion of a mural on the back of Seymour Place, the home of GO ART!, inspired by an idea presented to him by Director Gregory Hallock: People of many different races holding flowers.

"He wanted to welcome everybody," Butler said. "They're all welcome here to come and enjoy art or create it."

Butler has been assisted by Jill Pettigrew, who has painted the flowers.

Butler said he's enjoyed the project.

"I get to be outside and I get to paint," Butler said. "One of my specialties is portraits and faces so I get to work on what I do best and throw a lot of color and flowers into it and have a good time."

Catelyn Terboss, 7, tries out one of the pieces of antique technology on display Friday night at the Senior Center for Family Game Night.

The County's IT department was one of several county agencies with display tables during the event, which centered around family games and free games for families to take home.

Catelyn had never seen a rotary telephone before. Louis Stoller showed her how it worked though he admitted he's never used a rotary phone. 

Jeremy G. Ives is indicted on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day. Previously: Arrest made in Elm Street shooting

Iverson M. Davis is indicted on counts of grand larceny in the third degree, a Class D felony, and eight counts of criminal possession of a forged instrument in the second degree, a Class D felony. Davis is accused of stealing property with a value in excess of $3,000 between March 25 and March 28 at Batavia Downs in the Town of Batavia. He is accused of possessing forged Western Union Money Orders.

Elayasia A. Mendez is indicted on counts of aggravated unlicensed operation in the first degree, DWI, forgery in the second degree, falsifying business records in the first degree, and criminal impersonation in the second degree. Mendez is accused of driving a 2014 Chrysler on Clinton Street Road, Stafford, on June 11 on a suspended license while under the influence of alcohol or drugs. She is accused of signing the name "Jada Quinones" on a fingerprint card in an attempt to conceal her true identity. 

Alicia K. Urban is indicted on two counts of aggravated driving while ability impaired by drugs, a Class E felony, and two counts of endangering the welfare of a child, a Class A misdemeanor. Urban is accused of driving impaired on March 29 on East Main Street, Town of Batavia, while two children were in the vehicle.

Amanda B. Hopkins is indicted on two counts of aggravated DWI, a Class E felony,  and one count of endangering the welfare of a child a Class A misdemeanor. Hopkins is accused of driving drunk, with a BAC of .08 or greater, with a child in the car, on Route 63 in the Town of Pavilion on Jan. 21.

Garlyn M. Gause is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, two counts of tampering with physical evidence, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Gause is accused of possessing cocaine on April 24 in the City of Batavia with the intent to sell it. On that same date, he is accused of preventing the use of evidence by concealment, alteration, destruction or by employing force, intimidation or deception. On the same date, is also accused of being in possession of a controlled substance. 

Trevor T. Cooke is indicted on counts of driving while ability impaired by drugs, a Class E felony, and aggravated unlicensed operation of a motor vehicle in the first degree. Cooke is accused of driving a 2006 Chevrolet on April 2 on Bloomingdale Road in the Town of Alabama while his ability was impaired by drugs.

Javin McFolins completed nine of 11 pass attempts for 206 yards and two TDs to lead Batavia to a 49-20 win over Bishop Kearney on Saturday afternoon.

McFollins also gained 43 yards on the ground on four attempts and scored a touchdown.

Aavion Bethel ran nine times for 41 yards and a TD and Cam McClinic gained 43 yards on five carries.

Vincent Arroyo caught four passes for 107 yards and a TD.  

On defense, Cooper Fix had seven tackles.

Bradley R. Jordan, 29, of Liberty Street, Batavia, is charged with menacing 3rd.  Jordan is accused of threatening a person on Silver Road in the Town of Bethany on Sept. at 6:58 p.m.  Jordan was located by deputies Andrew Mullen and James Stack along with K-9 Frankie and arrested.  He was arraigned in Town of Bethany Court and on that charged released on his own recognizance but held in the Genesee County Jail pending extradition to Clark County, Nevada. No information was released on the charge Jordan faces in Nevada.

Julian Willard Mills, 24, of Hartford Road, Lansing, Mich., is charged with criminal possession of a firearm. During an investigation of a reported suspicious condition on Alleghany Road, Pembroke on Sept. 19 at 11:35 a.m., Mills was allegedly found in possession of a loaded handgun. Mills was released on an appearance ticket.

Nia M. Coppini, 23, of Prestige Xing, Batavia, Jordan P. Kuczyuski, 24, of Bacon Street, Le Roy, Nathan D. Clark, 25, of Central Avenue, Batavia, and Dakota White, 24, of South Lake Avenue, Bergen, are charged with trespass. Coppini, Kuczyuski, Clark, and White are accused of being in the Byron Swamps after dark in violation of posted signs. They were released on appearance tickets.

Press release:

Join GLOW OUT! in uplifting LGBTQ+ youth as they head back to school at their first-ever Back-to-School BBQ this Saturday, September 24 from 12:30-3:30 pm at DeWitt Park in Batavia. This all-age event is free, open to the public, and will be hosted by the fabulous Vanessa Leroux who is returning from the 2022 Pride Festival to entertain and wow participants again!

The afternoon will also feature Act Out!, GLOW OUT’s youth league led by Lilly Fiscus of Caledonia-Mumford HS, Abigail Merkley of Holley HS, Ruth Metzgar of GCC (formerly of Attica HS), Ayden Carlson of Batavia HS, and Judith Newton of Batavia HS. Learn about upcoming youth-related events and their efforts to combat bullying with the launch of their campaign “Fail the F-Slur!”. Targeting the need for family support, the group will also promote the start of their PFLAG/parent group which will begin in October.  

GLOW OUT! would like to pay a special thank you to Lynda Battaglia, Director of Mental Health and Community Services of Genesee County, whose generous time and stellar performance as a “Celebrity Bartender” helped to raise the funds for this event to be free for the community. This organization and the LGBTQ+ youth uplifted by this work are grateful to live in a community with such inclusive and dedicated leaders. More information about the event can be found on their website http://www.glowout.org/. If you are bringing a larger group or if you have questions, please email Sara Vacin at saravacin@gmail.com. Families, friends, and clubs are welcome!

Photo: Submitted photo.  Ayden Carlsen, Judith Newton, Sara Vacin, Abby Merkley, and Lilly Fiscus

To all motorists, businesses, and property owners along Lovers Lane in the Town of Batavia:

Lovers Lane between Route 33/Pearl Street Road and South Main Street Road will be closed to all through traffic during paving operations scheduled for Tuesday, Sept 27.  Paving Operations will occur between the hours of 7 a.m. and 5 p.m.   Residents of Lovers Lane will have access to their property, but anticipate delays.  This is a weather dependent operation.  If postponed due to inclement weather the work will be rescheduled for the next workday.

Designated as a registered National Historic Landmark in 1961, the Holland Land Office Museum has been a treasured staple of Genesee County heritage for decades, which also means the site has taken its share of wear and tear.

After all, the stone museum building was built in 1810, and it was designed by famous Batavian Joseph Ellicott. The county has established it worthy of a capital project, which is to begin with a conditions study. A request for proposal was advertised, and three bidders pitched for the project.

“Wendel was by far the most qualified,” Highway Superintendent Tim Hens said to legislators this week.

Consultant Wendel of Williamsville came in with a bid of just under the $45,000 cap. Hens, the assistant county engineer and deputy highway superintendent reviewed the submitted proposals and recommended the Erie County company, Hens said. He asked that legislators approve the consultant and bid that’s not to exceed $43,324.

The scope of work is for a Holland Land Office restoration study.

“It’s a full, comprehensive look at the building,” he said. “And it should give us a road map of what we need.”

One of the goals is to document each area of the site at 131 West Main St., Batavia, and determine what its future needs might be. The consultants will be assessing “functionality issues,” and the potential to add a Welcome Center, Hens said.

Legislators Gary Maha, Marianne Clattenburg, Shelley Stein, Christian Yunker, Chad Klotzbach, John Deleo, Brooks Hawley, Gregg Torrey, and Gordon Dibble approved the request.

Photos of Holland Land Office Museum from the front, top photo, at the sidewalk along Main Street, and the side next to the parking lot, above. Photos by Howard Owens.

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received

A 43-year-old Batavia man who has been arrested at least six times this year failed to show up in City Court on his criminal matters, and the attorney appointed to represent him said he couldn't locate him.

Attorney Robert Stossel said he tried the former employer of Andrew Draper and several of Draper's family members, and nobody knows where he is.  The attorney also said he has several phone numbers potentially associated with Draper and was unable to contact him.

Stossel said that Draper has made one prior court appearance so he is aware of his obligation to appear in court.

Judge Thomas Burns issued a warrant for Draper's arrest.

In the past year, Draper has been arrested on charges of petit larceny (three times), criminal mischief 4th, DWI, and criminal contempt.

Thursday was the day — more than two months after the Kiwanis annual Independence Day 5K — when officials drew the winning ticket for a special prize.

Co-chairman Dave Chua selected Number seven out of the 119 race participants, and challenged them to remember their bib numbers. Not to worry, Chua had the registration list, and the winner was John Schrenker. He will receive a free pair of Saucony running shoes from The Batavia Bootery on Main Street.

The drawing was Thursday afternoon at the Bootery, which donated the pair of sneakers. Bootery manager Kevin Stone, and staff member Autumn Rogers, Co-chairman Dave Ramsey and Chua were present.

The annual event helps to support local nonprofit organizations, and this year’s proceeds went to the Autism Nature Trail at Letchworth State Park, Batavia City School Foundation for the Community Schools Program, and the Kiwanis activity fund. Kiwanis also hosts other events that benefit the community, including an Easter Egg Hunt, Thanksgiving Morning Skate and other activities.

Photo: Kiwanis Independence Day 5K Co-Chairman Dave Rumsey, Autumn Rogers and Kevin Stone of The Batavia Bootery, and Co-Chairman David Chua announce the winning race bib number for a free pair of running shoes Thursday at the Bootery on Main Street, Batavia. Photo by Joanne Beck.

The Pink Hatters and Friends return to Batavia Downs on Oct. 27 to celebrate cancer survivors in our community.

Tickets are $30 and include a $10 free play in the casino.

Doors open at 4 p.m. with dinner at 6 p.m. and a program to begin at 7 p.m.

There is a basket raffle, entertainment, and a keynote speaker, plus a "best hat" award.

Tickets are available at Healthy Living, 164 Washington Ave., Batavia, or by calling (585) 344-5331.  

Photo: File photo from the 2018 event

Press Release:

The Friends of the Rink organization will be sponsoring a Community Scrap Metal Drive Fundraiser on Saturday, Oct. 1 from 9 a.m. to 2 p.m. at the David M. McCarthy Memorial Ice Arena (rear parking lot), 22 Evans St., Batavia, New York.

All proceeds will be used to fund needed ice rink improvement projects.

Unacceptable items include – refrigerators, vehicle wheel rims with tires attached, items containing mercury, items with fluids inside or out – gas, oil, hydraulic oil, tar, etc.

This event held in cooperation with Ed Arnold Scrap Processors, Corfu, New York.

Press release:

All motorists please be aware that Bank Street, Chandler Avenue and Ross Street will experience traffic delays on Sep. 26 and 27 and Oct. 3 and 4 between the hours of 7 a.m. to 3 p.m. for resurfacing operations.

While work is being performed in this area, local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather dependent work; if work is postponed it shall progress the next workday.

Please contact the Bureau of Maintenance at (585) 345-6400 Option 1 if there are any questions.

It's about time to get the show on the road, said supporters of two proposed solar projects on Alexander Road in the Town of Batavia.

The two property owners willing to host the solar farms told Town of Batavia planners Tuesday that the projects are important to them, and a representative for the firm that will install and operate the farms said he would like to finalize a deal soon.

Brian Madigan, the company’s senior permitting manager, sought clarity from planners on what issues remained to be addressed as part of the permitting process.

"I'd like to be sure that I have addressed all of the concerns," Madigan said during the Planning Board meeting. "I want to submit in a timely fashion (a letter addressing all pending concerns) and make sure that you get hard copies, and you have ample time to read it all. It's been, you know, two years for us. We'd like to move on."

"But," responded Board Chairwoman Kathy Jasinski, "it hasn't been two years for us. We do this with all solar projects. We just want to make sure we're doing it right."

The proposed projects are a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Road and a 10-acre, 1.6-megawatt system at 9071 Alexander Road.

The planning board did approve on Tuesday the environmental review, passing what's called a "negative declaration," meaning the projects do not pose any significant environmental risk.

As Madigan tries to address any final concerns, he's also still negotiating a host community agreement with the Town of Batavia and the Genesee County Economic Development Center.  The agreement would ensure payments to the town of solar power generation.

"I have some concern over the timing of being able to get that host community agreement, to get the IDA, the town board and our team all together before your next meeting on October 4," Madigan said. "We are committed to working in good faith to come to an agreement. We presented draft terms to the town, but I'm not sure -- at the pace at which, you know, meetings come together and given our journey thus far -- I'm really hopeful that we could make that final execution of a number (amount of payments in the Community Host Agreement) a condition of approval since it is a town board function ultimately. That for purposes of the planning board, we get a condition that we have to make the town board and the IDA happy."

As much as Madigan wants to tie a bow on the project, the Hylkema family might be even more eager to ensure the solar farm for their property is approved. 

Kerry Hylkema said the solar farm on their private property represents a level of financial security they do not currently enjoy.

Her husband John, she said, is a U.S. Air Force veteran, and he worked in security for the Department of Homeland Security before reaching his required retirement age of 57 after 26 years of service. He is a cancer survivor who was exposed to contaminants at the 9/11 site shortly after the towers fell, and for six months following the attack.

"The income generated from this project makes up for the loss of half of his retirement should something happen to him," Hylkema said. "This secures my family's ability to stay in our home. At the end of the day, this project hurts nobody, is a benefit to the environment, and it keeps the land a viable option for farmland in the future. Please approve this solar project so we can finally plan for our future."

At a previous meeting, several community members spoke in opposition to the projects, and Dan Reuter, the owner of the property for the other proposed project, seemingly addressed some of the objections raised at a previous meeting.

"I'm an engineer by trade and I like to go by facts and not what we can all jump on in this internet rabbit hole, and come up with ideas that might be skewed in our favor," he said. "For me, it's all about facts. It's all about the truth. And you know a lot of these people that have been complaining really need to go to valuable resources, credible sources for information."

He said the projects are in compliance with all of the requirements.

"I don't see a reason why this should not be allowed to go through based on where we are today," he said.

Jasinski said she expects the board will be in a position to vote on final approval at its next meeting.

Top photo: Dan Reuter speaks to the Town of Batavia Planning Board Tuesday alongside Kerry and John Hylkema. Photo by Howard Owens.

A long-vacant retail location at 4169 West Main Street Road, Batavia, will soon open as a convenience store now that the man who signed a lease for the property has clarified his plans with the Town of Batavia Planning Board and the code enforcement officer.

Ali Musa started revamping the store, putting up lights and signs, before he cleared those changes with town officials.

Code Enforcement Officer Daniel Lang told planning board members on Tuesday night that over the decade, the file on the property has amassed 487 documents, including 21 different permits, and that after reviewing all of the documentation, Musa's business plan is in compliance with town code and the permitted use for the property.

"So it was not an easy task to get through everything," Lang said. "It was listed previously as retail so it's going from retail to retail, so there is not a significant change of use."

The project needed to come before the board for two reasons.  First, the property has been vacant for more than 18 months so the proposed use needed to be reviewed even though it isn't changing.  Second, the business sign for F&M Convenience needed approval.

By code, there was no requirement for a site plan review by the board.  The use is the same, the exterior of the building is not changing, the size of the sign on the building is unchanged, and the number and configuration of parking is exactly the same as it was for Clor's Meat Market.

"I just worry about the traffic," said Board Chairwoman Kathy Jasinski. 

Lang said, "Based on everything that I've reviewed throughout -- the traffic studies, and there were traffic studies done for every other use -- it doesn't change the use, so by the book, everything meets requirements and the parking lot itself, they have enough square footage for retail."

As for the sign, the proposed sign showed a misspelling. Musa said that would be corrected.  He also said he wanted to add to the sign "phone accessories."  

The board approved the sign with those modifications.

At one point, Musa apparently told the town that he planned to sell cannabis products. There was no discussion of such products being part of the new store's inventory.  

The Town of Batavia's code prohibits retail sales of cannabis products

Lang read a statement he received from Musa about what the store would offer: "Please be advised that we are planning on operating a small grocery store at this premises. We'll be selling groceries, beer, cigarettes, tobacco products, clothing and other miscellaneous household items."

Musa, who said he has operated businesses in Buffalo, said that at this time he does not intend to sell beer or other alcoholic beverages at his new store.

The final clarification had to do with lighting. Musa had installed flashing lights on the building.  Flashing lights are prohibited by town code.  Musa assured planners he won't have flashing lights.  Lang also clarified that any lighting on the property must have guards that keep the light from spilling over on neighboring property.

Once he had the board's blessing, Musa smiled broadly.

"Anything we could help with the community or anything we can come up with together," he said. "Thank you for today. We're happy to meet nice people in the area and we work together for the future. Thank you."

Previously: Future convenience store planned for Town of Batavia

Top photo: Ali Musa, standing, speaking at Tuesday's Town of Batavia Planning Board meeting.

Photos by Howard Owens.