batavia

Jackson Primary School hosted a drive-thru Christmas parade this evening for Jackson students and their families.

In the top photo, Jaxon Noonan reacts to seeing Santa while his parents Gemma and Kevin Noonan enjoy the moment.

Sidney C. Underhill, 72, of Batavia, is charged with stalking 4th and trespass. Following prior complaints of Underhill showing up and watching at places where the occupant of a residence on Swan Street, Underhill was allegedly located in the backyard of the residence, where he does not reside, without permission. Underhill was arraigned in City Court. An order of protection was issued and he was released on his own recognizance. 

Tevin D. Bloom, 28, of Batavia, is charged with criminal contempt 2nd. Bloom is accused of violating an order of protection by going to a protected party's house. He was issued an appearance ticket.

J'Shon K. Naegely, 25, of Batavia, is charged with false personation. During a welfare check at a residence on Dellinger Avenue at 1:40 a.m., Dec. 15, Naegely allegedly lied to police about his identity. He was issued an appearance ticket.

Michael L. Jackson, 40, of Batavia, is charged with petit larceny. Jackson allegedly stole items from a local business at 9:55 p.m., Dec. 10. He was issued an appearance ticket.

Heather M. Davis, 55, of Lockport, is charged with criminal contempt 2nd. Davis is accused of violating an order of protection by contacting the protected party at 8:39 a.m., Dec. 10. She was issued an appearance ticket.

Jordin M. Schultz, 23, of Batavia, is charged with criminal contempt 2nd. During a probation home check at 11:23 p.m., Dec. 11, Schultz was allegedly found in violation of an order of protection. He was released on an appearance ticket.

Lucas Potrzebowski, 27, of Batavia, is charged with harassment 2nd. Potrzebowski is accused of pushing another person to the ground during a dispute at a local business at 11:30 a.m., Dec. 3.  He was issued an appearance ticket.

Charles A. Tomaszewski, 59, of Batavia, is charged with criminal contempt 2nd. Tomaszewski is accused of violating an order protection by having contact with the protected party at 8:44 p.m., Nov. 15, at a location on Redfield Parkway. He was issued an appearance ticket.

Thomas J. Leonard, 38, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal nuisance 2nd, after he allegedly damaged property and entered a residence on East Main Street, during an argument at 5:14 p.m., Dec. 11. He was arraigned in City Court and ordered held on $5,000 bail, or $10,000 bond, or $20,000 partially secured bond.

Christopher J. Diers, 39, of Batavia, is charged with petit larceny. Diers is accused of stealing items from a store on East Main Street, Batavia, at 9:59 a.m., Dec. 10. He was issued an appearance ticket.

Samantha E. Hosmer, 34, of Medina, is charged with bail jumping 3rd. Hosmer was arrested on a warrant out of City Court and released on her own recognizance.

Kenneth T. Marrocco, 29, of Batavia, is charged with obstructing governmental administration, criminal mischief 4th, and resisting arrest. Marrocco is accused of breaking the glass of a window of a storm door while attempting to force entry into a residence on Montclaire Avenue, Batavia.  When police arrived, Marrocco is accused of resisting arrest and allegedly kicking a Batavia police officer in the face.  He was arraigned in City Court and issued a stay-away order of protection along with an appearance ticket.

Michael J. Hilton, 30, no permanent address, is charged with petit larceny. Hilton is accused of shoplifting from a local business at 5:55 p.m., Dec. 7. He was issued an appearance ticket. He was held in the Genesee County Jail on an unrelated warrant issued by NYS Parole.

Joseph D. Turner, 39, of Albion, was arrested on a bench warrant for alleged failure to appear at 3:30 p.m., Dec. 15 by Albion PD and turned over to Batavia PD. Turner accepted a plea agreement to dispose of the case.

Kay E. Dilker, 31, of Albion, was arrested on a bench warrant for alleged failure to appear at 4:15 p.m., Dec. 14, by Albion PD and turned over to Batavia PD. She was arraigned in City Court and released on her own recognizance.

Jason Patrick Wickson, 40, of Ellicott Street Road, Pavilion, is charged with two counts of endangering the welfare of a child. At 10:21 p.m., Dec. 8, medics were dispatched to a residence in Pavilion on the report of a patient suffering a possible stroke. Upon arrival, Pavilion medics and Mercy EMS personal found Wickson suffering a possible overdose from narcotic use. Wickson is accused of using a narcotic in the presence of two children.  He was transported to UMMC for medical treatment. Once released from care, Wickson turned himself in the Genesee County Jail for processing and was released on an appearance ticket.

Scot J. Hinze, 35, of Batavia, is charged with felony DWI. Hinze was stopped on Dec. 17 by State Police in Alden for alleged failure to keep right. He allegedly failed a field sobriety test and was processed at SP Clearance where he was allegedly found to have a BAC of .16. Hinze was issued an appearance ticket.

Penny L. Mase, 65, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. mase was stopped at 10:31 p.m., Dec. 18, in East Bethany by State Police. She was issued an appearance ticket.

North Darien Bible Church- Candlelight Christmas Eve service at 6:30 p.m.

St. Maximilian Kolbe Parish, Christmas Eve 12/24
East Pembroke Site 4 p.m. - in the Hall. Corfu Site Midnight - Church. Christmas Day 12/25, Corfu Site 8:30 a.m. - Church, East Pembroke Site 11a.m. - Church 

Oakfield-Alabama Baptist Church- Christmas Eve Service on 12/24 at 7:00 p.m.

St. Paul's Episcopal Church, Stafford- Christmas Eve on 12/245:00 p.m. Lessons & Carols

St. Mark's Episcopal Church, LeRoy- Christmas Eve on 12/24 at 7:00 p.m. Family Oriented Candlelight Holy Communion Service

Indian Falls United Methodist Church- Christmas Eve Candlelight Service on 12/24 at 7 p.m.

East Bethany Presbyterian Church- Christmas Eve Candlelight Service on 12/24  at 7 p.m.

Everpresent Church- Christmas Eve Candlelight Service on 12/23  service at 7 p.m.

Emmanuel Baptist Church- Pajama Christmas Eve Service on 12/24 at 7p.m. @ 190 Oak St.

Please send updates to olivia@thebatavian.com

Press release:

The City of Batavia Water Dept. is on location of a water main break in front of Save-A-Lot on Ellicott Street

The water will be turned off on Ellicott from Jackson to Main Street and Part of Evans.

The road will not be closed traffic while repairs are being made

We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

The Owen Library, a redesigned room containing art books, a white baby grand piano, a fireplace, seating, and table games, was dedicated at GO Art! in Seymour Place in Batavia on Friday night.

The library honors the family of Jim Owen, himself not an artist but from a family of people who pursued the arts in various ways.

"It totally made sense to dedicate this library in memory of the Owen family," said Gregory Hallock, director of Genesee Orleans Arts Council.

Frank Owen, the family patriarch, was a musician, conductor, and music instructor at Batavia High School. His wife, Natalie Walker Owen, was president of the Richmond Memorial Library Board of Trustees.  Kathy Owen, daughter of Frank and Natalie and sister of Jim Owen, was a photographer, and Robert Owen, also a sibling, was an author and actor (as well as, like Jim, an athlete).

"My parents, my sister, and my brother say thank you from heaven and I thank you from earth," said Jim Owen during his remarks.

Gregory Hallock reads a letter from a former typing student of Jim Owen in Hamburg, Gov. Kathy Hochul.

Proclamations were presented by members of the City Council (Eugene Jankowski and Bob Bialkowski) above, as well as the County Legislature (Marianne Clattenburg, John Deleo, and Gary Maha (not pictured) and Assemblyman Steve Hawley (not pictured).

Press Release:

   The condition of buildings and land in the City of Batavia plays a vital role in the quality of life enjoyed by the City's residents, merchants and visitors. Enforcement of the Municipal Property and Zoning Codes ensures that each property meets required standards. The Municipal Property and Zoning Codes protect the health, safety and welfare of those who live, work and visit the City, and conserves the value of the property and neighboring properties. It also conserves the value of the property and neighboring properties.

   The City of Batavia has a total of 4,460 residential structures, 514 commercial structures, and 34 Industrial structures. The condition and maintenance of these existing structures as well as the safe and code compliant construction of new buildings plays a vital role in the success of our businesses and City.  In order to preserve these structure and enhance neighborhoods, the Bureau of Inspection conducts property and building code inspections and code enforcement activity.

  “It is important that residents understand the role inspections plays here in Batavia, “ said Jill Wiedrick, Assistant City Manager. “Residents in Batavia seek a high quality of life in an aesthetically pleasing environment and are affected by what they see when they open their door every day. The Bureau of Inspection’s mission is to ensure a City where all residents have a clean, safe environment to live, work and play.”

  The goal of the Bureau of Inspection is to achieve timely voluntary compliance of code violations. Code Enforcement Officers balance the goal of gaining voluntary compliance with ensuring the health and safety of our residents. They attempt to minimize the negative impact violations such as peeling paint, missing roof shingles, vehicles parked on lawns, trash, debris, and high grass have on neighborhoods.

Code Enforcement Officers follow a scripted process when inspecting structures and enforcing the Code.

Step One: Inspection:

An inspection is conducted by a Code Enforcement Officer on the basis of a complaint, neighborhood survey, or a referral.  The primary focus of these inspections are on health, safety and removal of blight.  If violations are present, a Notice and Order citation is issued to the owner requiring correction.

Step Two: Re-inspection:

The Code Enforcement Officer re-inspects a cited property.  If the owner does not comply with the Notice and Order citation, the case will be prepared for the court process.

Tarrence Yuron Williams, 22, of Porter Avenue, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  On Dec. 15, dispatchers received a report of a disturbance at the Quality Inn and Suites, 8250 Park Road, Batavia.  Williams is accused of choking another person at that location. He was taken into custody and allegedly found in possession of a quantity of crack cocaine.  Deputies obtained a search warrant for his room at the hotel and located an allegedly illegal firearm.  Williams was arraigned in Town of Batavia Court and ordered held on bail of $5,000.  Batavia PD and the District Attorney's Office assisted in the investigation.

Sidney Carl Underhill, 72, of Oak Orchard Road, Elba, is charged with disobeying a mandate.  Underhill allegedly violated an order of protection at 10:31 p.m., Dec. 8 at a location on Main Street, Batavia.

Dianna Lynn Sprague, 50, of Vine Street, Batavia, is charged with petit larceny. Sprague is accused of shoplifting from Walmart in Batavia. 

Alexander Rian Toal, 18, of Swamp Road, Byron, is charged with menacing 2nd and acting in a manner injurious to a child less than 17 years old. Toal is accused of placing a person in fear of his life by displaying what appeared to be a firearm and threatening that person while a child under age 17 was present.  He was arraigned in Batavia Town Court and released on his own recognizance.

Stephen G. Ognibene, 64, of Bank Street, Batavia, is charged with criminal contempt 2nd.  Ognibene is accused of violating an order of protection by not surrendering his firearms.  He was issued an appearance ticket.

Press release:

Students at Jackson Primary worked very diligently on ornaments for festive Christmas trees that were purchased by the Jackson Parent-Teacher group in every community.

Our teachers Jessica Kolb and Mallory Flanagan helped to create these beautiful decorations for the trees. The students based their ornaments on a themed book. Community 1 read “The Smiley Snowman”, Community 2 read “Santa Bruce”, and Community 3 read “The Library Gingerbread Man.” 

After the students completed the ornaments they were hung on the trees for everyone to see. Teachers participated in a hallway decorating contest with students to showcase their theme. The students created work that complimented their themes. There were pictures of snowflakes, running gingerbread men, and festive sweaters with students' faces on them.

Every staff member and community participated in this holiday wonderland.  Students strolled the halls to see the beautiful and creative scenery all throughout Jackson Primary. 

On December 14th, three community members; Michelle Humes (Batavia Board of Education Member Assigned to Jackson Primary), Firefighter Tedford (Batavia Fire Department), and School Resource Officer Miah Stevens, visited Jackson Primary to be the judges of the Hallway Decorating Contest. 

It was a very tough decision due to the creativity in every hallway, but they decided after a long deliberation that community 3 (Gingerbread Men) was the most creative community in the school. 

Teachers in Community 3 are: Mrs. Amerine, Mrs. Clark, Mrs. Ellingsworth, Mr. Ferri, Mrs. Koukides, Ms. Mattice, Mrs. Peterson, Mrs. Reeves, Mrs. Restivo, Mrs. Wolff, Mrs. Richenberg, Mrs. Sprague, Mrs. Wohlers, Mrs. O’Campo, Mrs. Wilson, Mrs. Wolff, Mrs. DiMartino, Mrs. Conroy, and Mrs. Grasso. The students in that community won a Timbit party donated by Tim Hortons on East Main Street.  All teachers and staff won a pizza party from the administration for their camaraderie and team-building efforts as a Jackson Family.

Photos by Howard Owens. Top photo: Principal Maureen Notaro, left, and Nancy Okoniewski, far right, with students in a UP-K class.

Adjusting bullying protocols to better accommodate student needs is in the hands of Batavia City School board members, Rebecca Eldridge says. 

And she urges them and the district at large to work more diligently to improve the way district personnel responds to student accusations of verbal and physical attacks. 

“I stand here tonight on behalf of many students and families whose stories and voices have been dismissed,” she said to the Board of Education during its meeting Thursday at Batavia High School. “Two weeks ago my family became one as well. I implore you to take action for every single student that walks through these halls. Enforce policies for every student every day.”

The story she shared came in between her introduction and final urgings. Her son had been assaulted to the point of a swollen eye, bloody nose, bruised ribs and abrasions to his legs, she said. Yet he, too, was suspended along with the bully for defending himself. Perhaps even more upsetting was that she learned he was sent on to his next class after the attack, and did not receive medical attention until later, she said.

“That is neglect without question,” she said. “Staff failed to report to their superiors, which is school policy.”

Not once but three times her son suffered “intimidation, threats and physical harm” from this bully’s sibling, she said. That history plus this particular assault she highlighted resulted in her son being physically injured and emotionally scarred due to trauma, she said.

The day she learned about the assault, Eldridge received a letter notifying her that her son had been suspended for throwing a basketball at the bully, she said. The bully had been seriously taunting her son for four years, and “the school has done nothing.”

Meanwhile, he has missed out on school academics and sports, she said, as district officials reminded her to “be grateful for two — not five — days suspension.”

“Your son was not the aggressor, but we have to; it’s policy,” Eldridge said, repeating what district officials told her. 

She maintained that the district’s Information Technology and “higher administration” staff confirmed there was audio of the event with her son, and that she was subsequently lied to that there was none. The situation violates school policies, Code of Conduct and the Dignity For All Students Act, she said.

Her son’s record has been expunged, she said, “without conversation or an appeal.” Camera footage has disappeared as prior statements have been recanted, she said. 

Eldridge is looking for a shift in the system.

“Recently students and the community have desperately asked for their voices to be heard, changes to be made,” she said. “Change is in your hands tonight. Students including my son deserve nothing less than that from every one of you.” 

There was no board discussion about the issue after she spoke, however, she told The Batavian after the meeting that she was encouraged by what two board members privately expressed.

“They both thanked me for speaking,” she said. “One said ‘thank you for your courage,’ and the other said ‘I heard you, I heard you.’ I hope me speaking tonight has a positive impact, and brings change for our schools, for our children, and our community. As I said to them, it’s in your hands tonight.”

Parent Lidia Arteaga, who had previously spoken with The Batavian for a related article (Batavia City Schools’ parents speak out about bullying at the district), could not attend the meeting, but agreed with Eldridge’s main message. Arteaga’s daughter has experienced much verbal bullying, she said and deserves to be safe at school. Her daughter had created a pamphlet to raise awareness of the bullying episodes taking place without disciplinary action by the district. Her daughter was suspended for that act.

“Yes, change has to happen,” Arteaga said to The Batavian after the meeting. “Let me tell you that if anyone touches my daughter and they come back with those weak excuses, I will do anything I can to make them pay. I don’t know if change will happen, but I’m proud of my little girl for trying to make a difference. It’s at least opened the door for more communication.”

The Batavian asked Interim Superintendent Scott Bischoping for a response to Eldridge’s accusations, and he could not offer much comment, he said.

“I am unable to discuss a specific student discipline issue,” he said, offering to talk more about the situation in the future. 

Top photo: Parent Rebecca Eldridge urges Batavia City School Board of Education members to take action and ensure the safety of students from bullying during a board meeting Thursday at the high school library. Photo by Howard Owens

Rae C. Cook is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and assault in the second degree, a Class D violent felony. Cook is accused of using scissors to cause a physical injury to another person on Oct. 2 in the City of Batavia.

Joshua L. Webster is indicted on counts of aggravated criminal contempt, a Class D felony, assault in the third degree, a Class A misdemeanor, and criminal contempt in the second degree, a Class A misdemeanor.  Webster is accused of violating an order of protection by intentionally or recklessly causing physical injury or serious physical injury to a person covered by an order of protection on Sept. 12 in the Town of Le Roy.

JoAnn Hayes was among the T.F. Brown customers to show up Thursday night in an "ugly sweater" with a new toy for a free drink as part of the establishment's annual Ugly Sweater Contest.

The toys will be given out by Santa on Christmas day to children in families who show up for the restaurant's annual free Christmas dinner.

Anybody in the community is welcome to attend with a reservation for either the noon or 1 p.m. meal, which includes a visit for children with Santa and a present.

For community members wishing to attend the dinner, reservations are required. Call Barb at 345-1000. She will need to know how many people are attending and the names and ages of the children who will be there.

Chris White, Dave Cecere, and Susie Ott.

Press Release:

The Chamber’s Annual Awards Committee has announced the “2021” Annual Award Ceremony will be held on Saturday, March 12, 2022 at Batavia Dows Gaming, Park Road, Batavia. This is the County’s premier event that honors businesses and individuals for their achievements in business, community service and volunteerism.

Please note that a brief write up will qualify your nominee for consideration. Nominations are now being accepted for Business of the Year, Entrepreneurial Business of the Year, Agricultural Business of the Year, Innovative Enterprise of the Year, Special Service Recognition & Geneseeans of the Year. Business Nominees must be a Chamber Member (If unsure of your nominee, call the Chamber to verify). Nomination forms are available at the Chamber of Commerce office, 8276 Park Road, Batavia and can also be down loaded from the Chamber Website at www.geneseeny.com.
Nominations MUST BE RECEIVED BY December 31, 2021 to be eligible for consideration.

The Batavia Blue Devils overcame a first-half doldrums that left them trailing Greece Athena 34-21 to score 42 points in the second half, tying the score and sending the game into a double-overtime when Javin McFollins hit a three-pointer as the clock on regulation time expired.

McFollins finished the night with 18 points, hitting five three-pointers, including two in OT.

Carter McFollins also scored 18 points, Tanner Mountain scored 12, and Cam McClinic scored 10.

For Athena, Connor Osier scored 27 points. 

Press Release:

In this second pandemic year, members of the Museum Quilt Guild, Batavia, NY, have again donated holiday themed bags filled with gifts to the local Salvation Army. Using a list provided by the Salvation Army, bags are filled with items for children ranging from infants to 15 years. In 2020, the total was 65 filled bags and over 100 empty bags for their use. This year, there were 64 Bags filled, 32 empty gift bags for their use, and 18 stuffed bears. Captain Rachel Moore, who accepted the donations said the teddy bears would be perfect gifts for the infants.

Giving to the community has always been a big part of the Guild’s activities. Since March of 2020, it has been a great way for members to stay connected. The guild was unable to meet in person for 15 months due to the coronavirus pandemic. “At first, as so many of us did, we all figured once the ‘Pause’ in New York ended, we’d get right back to our regular meeting schedule,“ said guild president, Martha Lorshbaugh. But as a couple of weeks turned into months, they realized they would need to find a different way to maintain their connections. One of the members who is an elementary school teacher had become somewhat of an expert at running Zoom meetings, so she took on the role of host for the members to meet virtually. In addition to the monthly meeting, sessions were added for members just to chat, called “friendship meetings.” Many did handwork as they chatted, so work sessions to share the “Community Service” projects they were working on were added. The community service committee arranged for members to pick up kits and supplies for these projects, and then drop off completed items. Many organizations were not collecting donations in 2020, but having all these items ready allowed the guild to provide many items when restrictions were lifted. This year the guild has donated quilts to provide comfort to individuals being served by the following organizations: the VA Medical Center in Batavia (19), NYS Home for Veterans (5), WNY Foster Closet (10), Lipson Cancer Center (10) and All Babies Cherished (2).

In addition to quilts to be used by individuals, the guild offers quilts to be used for fundraising by local organizations. In 2021 this has included one donation each to the Caledonia Library; Gateway Hospice, Attica; Presbyterian Church, Batavia and The Genesee Orleans Arc. Members are happy to fill needs other than quilts. Twenty-nine patients undergoing treatment for breast cancer at Roswell were also gifted with heart pillows to aid in their comfort and recovery.

The guild resumed in-person meetings last summer, meeting outdoors for the summer months. At that first meeting, many quilts were presented to be donated. In October, the guild was finally allowed back to their regular meeting space at the VA Medical Center. At each meeting, at least one item is presented at “Show and Tell” that will be given to the community service committee. “Quilters like to keep busy and knowing our work will give comfort to someone in need is a very good feeling!” said Ms. Lorshbaugh. The guild holds regular Community Service work sessions each year at their monthly meetings for the purpose of working on projects for donation. The next one will be in March of 2022. Organizations may make requests to the guild via our website: www.themuseumquiltguild.com, or Museum Quilt Guild, PO Box 268, Batavia, NY 14020.

The Guild is also excited to be able to invite the public to view our exhibit of “challenge” quilts at the Richmond Memorial Library in February. This had been annual exhibit until last year, so members are looking forward to another step towards a more predictable event calendar. New members are always welcome in the guild! Meetings are held the third Saturday of every month (second Saturday in December) at the VA Medical Center, 222 Richmond Avenue, Batavia, NY (Bldg 4, 2nd floor- use the patio entrance). Meetings begin at 9:30 a.m. You are welcome to attend two (2) meetings as a guest. If you decide to join, dues are $20.00 per year.

Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.

All sentences, per state sentencing guidelines, will be served concurrently.

Sponaugle will be on parole for five years following his release.

Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.

She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.

The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.

Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child.  Wright was released under supervision of Genesee Justice pending his sentencing. 

He's been missing and wanted by Batavia PD since Nov. 27.

A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.

Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony.  He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.

Each count carries a possible sentence of two to four years and the terms could be served consecutively.

Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.

The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.

Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.