In honor of Bob Zeagler, who was well known in Batavia for decorating his Jeep Cherokee for the various holidays throughout the year, especially Christmas, and dressing up in detailed costumes to match, area residents again on Sunday held the Third Annual Bob's Christmas at Batavia First Presbyterian Church.
This year included a Santa's Workshop with presents for kids.
Please be advised that Jackson Street from Ellicott Street to Central Avenue will be closed for the duration of this week due to construction on the Jackson Street water project within the City of Batavia.
We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.
Batavia City School District, District Office. Photo by Howard Owens.
Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.
But when does complaining to government officials cross the line into harassment?
That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.
Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.
Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.
The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.
The Charge Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:
He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.
The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication."
In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.
A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."
In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted.
"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."
Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.
Chain of Emails The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence. He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class.
Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."
He invited parents to contact school officials with any problems or concerns.
A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.
She said AcceleratedU was not a "long-term solution" for a sub.
"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.
"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."
Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."
He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."
Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.
She sent 16 emails over eight days. (The charging documents say 12 emails over eight days, but The Batavian counted 16 emails sent by Long in response to its FOIL request.)
Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program.
On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.
That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."
She wrote individually to Reigle and said, "What a very eloquent way to say, 'I don't care.' Thanks a lot. That was sarcasm. Look forward to more emails until you DO SOMETHING."
In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."
In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m.
"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”
Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."
Political Speech Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.
"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."
The Batavian emailed several questions to District Attorney Kevin Finnell. We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.
"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case. Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."
As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.
In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down. He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.
In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech.
"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual. While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."
Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.
"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."
Cases that involve the Supreme Court upholding conduct as speech:
Stromberg v. California, which, in 1931, protected as free speech, the right to display a red flag;
United States v. O’Brien, which, in 1968, protected conduct that conveys a message in a case where a war protester burnt his draft card;
Texas v. Johnson, in 1989, protected flag burning as political expression.
District Response The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case.
Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law.
Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.
"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."
Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.
"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."
To read the full Q&A with both Smith and Marucci, click here.
Prior Restraint Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying.
In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.
Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.
"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said.
A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him.
We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.
The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.
It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.
He said he would love to have a case he could take to the Supreme Court and win. It would help his career. But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.
"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."
Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?
Provided that the dialogue is respectful, fair and reasonable, of course not. The Board and I regularly receive emails from parents in which the dialogue is cordial and respectful.
In this particular case, however, we responded to a situation that called for a firm response. The Board of Education received numerous emails in a very short period of time from Ms. Long with inappropriate and inflammatory language, including one that said, '"Fuck you all. You all are jokes. You call yourself educators. You reap what you sow," and we had no indication that they were going to cease until the issue was resolved to the complete satisfaction of Ms. Long—which we could not do after numerous attempts to find a qualified teacher. In addition, she explicitly indicated that the Board should "Look forward to more messages every single day..."
In Ms. Long’s case, she received two emails from our Board Vice President and two emails from me, so her concerns were in fact heard and responded to in a timely and respectful manner.
While Ms. Long initially stated her concerns in a respectful manner, they quickly escalated.
Are you concerned that her arrest may have violated her constitutional rights?
We brought the concerns to the attention of the Batavia Police Department, and an officer looked into it and determined that her behavior warranted the arrest.
It is the job of the courts and legislature to determine if these laws violate constitutional rights, and while some might disagree with the law’s reach, it continues to be a valid law in New York State.
As educators, are you concerned that her arrest sends the wrong message to students about civil rights?
No, there is no concern regarding the message sent to students about civil rights. This incident actually serves as an educational opportunity. We want our students to learn the importance of engaging in civil discourse in a respectful, reasonable, and fair manner.
Unfortunately, Ms. Long's approach did not reflect these values, which are essential in public education and have been upheld for decades. As an educator and leader, my role includes actively listening to all members of our community and striving to foster mutual understanding and respect.
What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?
There are channels that individuals can follow when addressing their concerns, which our District and Board of Education members consistently follow and encourage.
To be clear, Ms. Long’s concerns were heard, again as evidenced by my response and that of our Board Vice President. BMS Principal Nate Korzelius also corresponded with her.
In fact, due in part to her concerns, we course-corrected and made a few changes to the way the online Spanish class was being taught—changes which Ms. Long acknowledged and appreciated.
Should public officials be shielded from annoying and upsetting speech?
No, not at all, but when it crosses the line, as it did in Ms. Long’s case, there are laws on the books that are designed to prevent this type of inappropriate behavior, as well as the BCSD Code of Conduct, where parent behavior is also addressed.
Our Board of Education and our District communicate and listen to our families and students every single day. Is every single situation resolved to the satisfaction of all? Of course not—that is nearly impossible. And again, in Ms. Long’s case, we responded to her concerns, and addressed them to the best of our ability in a timely and respectful manner.
As a school district, we deeply value the rights of parents and community members to express their concerns and opinions. We understand and respect the importance of open dialogue and encourage our community to actively participate in discussions about our schools' operations and policies.
However, it is equally important to maintain a respectful and safe environment for everyone in our school community, including our board members and staff. While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language.
In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff, and upholding a standard of respect and civility in our communications.
We remain committed to transparency and accountability in our operations and continue to welcome and value input from our community provided it is expressed in a manner that respects the dignity and rights of all individuals involved.
John Marucci:
Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?
Our decision was not about seeking charges against a citizen. Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue.
We value and address all respectful and constructive conversations with parents and community members.
In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being.
Are you concerned that her arrest may have violated her constitutional rights?
As a Board, we respect the legal process and constitutional rights. Our role was to report an escalating concern; the legal system, guided by New York State law, determines the rights and violations. We trust in this process and its ability to uphold the law and protect rights.
As educators, are you concerned that her arrest sends the wrong message to students about civil rights?
There's no concern about a wrong message on civil rights. This situation highlights the importance of respectful and civil discourse when expressing concerns.
Our entire community, including the Board, administration, teachers, staff, and parents, are working together to foster a thriving and supportive educational environment. To do this, we must engage in more constructive conversations.
What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?
We believe in open, respectful dialogue with all community members.
We always strive to balance the need for respectful communication with the right to express concerns, ensuring everyone is heard but within the bounds of civility.
Should public officials be shielded from annoying and upsetting speech?
Freedom of speech is a cornerstone of our community values, but it comes with the responsibility to maintain a respectful and safe environment.
While we listen and respond to all concerns, there is a line where speech becomes disruptive or harassing.
Our actions, in this case, were to protect the well-being of our school community and uphold a standard of respect and civility, not to suppress free speech or discourage community engagement.
Scotty DiMartino, Cassie Piccione and Tom Burke used their stagecraft experience to put on a light show at DiMartino's residence on Woodrow Road in Batavia on Saturday evening.
It was a faith-filled Second Sunday of Advent Sunday morning at Ascension Church at Resurrection and Ascension’s combined Faith Formation programs, with:
Card making for nursing home residents
Food and conversation
Discussion about Church and family Advent & Christmas traditions
Catholic Charities of Buffalo announced the members of its Appeal 2024 leadership team which include Kevin Gannon as chair, Michael Noe, MD, MPH as vice chair, Gina Giese as parish and community division chair, and C. Kevin Brayer and David Wolf as corporate division co-chairs.
Submitted photo of Kevin Gannon.
After previously serving as both vice chair and parish chair in recent years, Gannon is taking on the role of chair as the annual Appeal marks 100 years in 2024. Gannon is the chief sales officer of Azeros Health Plans and has more than 35 years of experience as a benefits broker. He is a member of the St. Vincent de Paul Society and serves as a committee member at OLV Homes of Charity. Gannon and his wife reside in Hamburg and belong to Saints Peter and Paul Parish in Hamburg.
Appeal 2024 Vice Chair Noe is an emeritus clinical professor in the School of Public Health and Health Professions at the Jacobs School of Medicine and Biomedical Sciences.
Submitted photo of Michael Noe, MD, MPH.
Recently retired, he previously served as associate dean for community relations and clinical affairs and director of the school’s residency program in preventative medicine. Dr. Noe also held various senior administrative positions during his career with Kaleida Health. He is a long-time member of the Bishop’s Council of the Laity and serves on the board of directors at Brothers of Mercy campus facilities, at Harvest House Buffalo, and at The Family Help Center. Dr. Noe resides in Clarence and is a member of St. Gregory the Great Parish in Williamsville.
Submitted photo of Gina Giese.
As parish and community division chair, Giese works with both parish Appeal teams as well as Catholic schools, parish societies and other local organizations throughout the eight counties of Western New York. She is a senior vice president and retail regional manager with M&T Bank and serves on the Genesee Community College Foundation board. Giese and her husband, Deacon Walter Szczesny, are members of Ascension Parish in Batavia.
Submitted photo of C. Kevin Brayer.
Brayer returns for his fourth year as corporate division co-chair, to direct a team of volunteer business leaders and develop strategies for seeking contributions from local corporations and small businesses. He is the retired executive director of the St. Bonaventure Buffalo Center and a long-standing parishioner of St. Louis Church. Brayer also serves on the Bishop’s Council of the Laity, the Foundation for the Roman Catholic Diocese of Buffalo, and the board of directors for the Ronald McDonald House. He resides with his family in Buffalo.
Submitted photo of David Wolf.
Also named corporate division co-chair, Wolf is a senior financial advisor with Excelsior Financial. He holds the Chartered Retirement Planning CounselorSM (CRPC®) designation and has more than 25 years of experience servicing both individual high net worth clients and small businesses. Wolf resides in North Buffalo with his family and are members of St. Mark Parish in Buffalo.
“Volunteers are, and always have been, the backbone of the annual Appeal – their dedication make it happen year after year for the past century,” said Deacon Steve Schumer, president and CEO, Catholic Charities. “We are grateful for the support of Kevin and the entire leadership team to spearhead our centennial Appeal efforts and look forward to a successful campaign in 2024.”
The annual Appeal, which is celebrating its 100 year in 2024, kicks off in January and runs through June 30. Funds raised during Appeal 2024 support Catholic Charities’ 57 programs and services, along with several ministries through the Fund for the Faith. More than 145,000 people of all faiths were served by Catholic Charities last year. For more information or to donate to Appeal 2024, visit ccwny.org/donate.
Signs of life, albeit temporary tidying up before winter, at Ellicott Station in downtown Batavia. Photo by Howard Owens
There have been signs of life at Ellicott Station, if for no other reason than to button up the property just before it officially becomes winter.
Construction vehicles have been parked on the premises, and Public Works Director Brett Frank confirmed that staff has observed a few subcontractors who were “closing up the building and moving materials in preparation for winter weather” the past week or two.
The Batavian has been regularly checking in with City Manager Rachael Tabelski for any updates about the property, and she was told by investors that "the building would be winterized," she said.
"HCR, the bank, and the investors continue to work on a takeover/transition plan with other interested housing developers/operators," Tabelski said.
HCR is the state Department of Housing and Community Renewal.
The Ellicott Street property has been fairly dormant since late August when former developer Sam Savarino announced that he was closing his Savarino Companies. There apparently won't be any further construction on the apartment complex until a new developer is in place, and tenants that were chosen for the 55 rental units have been advised a while ago by Savarino's management company to find alternative housing.
The Batavian had also asked Tabelski for a response to how Ellicott Station seems to be representative of what some communities are fearful may happen to them -- the town of Pembroke as one example -- and is named as some type of icon of doom that other developers don't wish to be compared to.
"Respectfully, I think the characterization of Ellicott Station as the 'icon of doom' is overdramatic," Tabelski said. "I understand there is disappointment with the project, but our strong hope is another developer will see this as an opportunity to invest in our city. The final verdict on the success of this project is still out.
"The city is focused on moving forward, working on creating housing that adds tax base and gives middle and higher earners the products they demand, as well as active seniors, who want to move to apartments/condos with less maintenance," she said. "The (Batavia Development Corp.), with participation from the GCEDC and city, hosted a very successful developers tour on (in late November). There remains a lot of interest in developing projects in our city."
GO ART! is asking the community to submit stories for our antique photos in our new Bethany Arts & Antiques Gallery.
Our executive director has painstakingly procured many antique black and white and reverse colored photographs in antique oval frames, numbered them and put them on display in our newest gallery. We are asking the community members to stop in to GO ART! check out the photographs and if you are so moved submit a story about one or more of the photos.
After GO ART! staff reviews each story we will publish one for each of the photographs to our website. These stories can be created in your imagination or a memory about a relative. Either way, visit our website at https://goart.org/baagallery/ or come in and scan the QR code in the gallery to submit your story.
Jamin MacDonald led the Lady Devils in points and rebounds to victory. Photo by Steve Ognibene
Batavia picked up its fourth win of the season with a 51-19 victory over Franklin/Northeast on Thursday.
Stats for the game:
Karizma Wescott, six points, four rebounds, six steals;
Julia Clark, two points, four rebounds;
Anna Varland, eight points, three rebounds, two assists;
Violet Lopez, five points and six rebounds;
Jaimin Macdonald, 18 points, 16 rebounds, two assists, four steals;
Julia Preston, four points and six rebounds;
Isabella Walsh, seven points, nine rebounds, four assists, four steals;
"We were able to jump out to an early lead by changing up our presses and controlling the tempo," said coach John McCulley. "This team has learned from every game so far. We learned we need to hit the glass better, and they did that tonight."
The water construction project that began in mid-November along a portion of downtown Bank Street is expected to be completed by the end of December, except for pavement restoration, “which would need to take place in the spring of 2024,” Public Works Director Brett Frank says.
The project included the installation of 932 linear feet of new 8-inch water main to replace existing 4- and 6-inch water mains on Bank Street from East Main Street to Washington Avenue.
This updated infrastructure will service the future police station to be built at the corner of Bank Street and Alva Place, Frank said, but is also “a needed infrastructure upgrade of roughly 950 linear feet of water main.”
Tanner Bernard Wiley, 35, of Bennington Hills, Conn., is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, criminal possession of a weapon 3rd, unlawful fleeing a police officer in a motor vehicle 3rd, obstructing governmental administration. Kimberly Ann Brodsky, 32, of Elm Street, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, and criminal possession of a weapon 3rd. When officers attempted to stop a vehicle reportedly driven by Wiley at 1:09 a.m. on Dec. 7, Wiley allegedly fled from the traffic stop, leading to a pursuit of the vehicle from the City of Batavia into the Town of Pembroke, where Wiley allegedly attempted to flee on foot. Wiley and Brodsky were held pending arraignment.
Robert Alva Wright, 64, of Brooklyn Street, Warsaw, Rick William Reed, 42, of Maiden Lane, North Java, and Jesse James Schmidt, are each charged with assault 2nd. The three men are accused of participating in an assault at 11:11 p.m. on Sept. 8 at 2630 Attica Road, Alexander, the location of the Hillside Tavern. All three men were arraigned on Dec. 4 and released on their own recognizance. The incident was investigated by deputies Erik Andre and Kevin McCarthy.
Talia F. Joubert, 21, of Le Roy, is charged with DWAI Drugs, speeding, and two counts of harassment 2nd. Joubert was arrested on Dec. 5 in connection with a traffic stop conducted by a Batavia patrol officer on Dec. 5 at an undisclosed time and location. Joubert is accused of striking two police officers while at the police station. She was issued an appearance ticket.
Brian C. Johnson, 26, of Cheektowaga, is charged with harassment 2nd, criminal mischief 4th, and obstruction of governmental administration 2nd. Johnson allegedly engaged in a physical altercation with staff at UMMC while being treated in ER. He allegedly tried to flee police when officers attempted to take him into custody. He was issued an appearance ticket.
Wayne D. Potter, 40, of Batavia, is charged with criminal obstruction of breathing and harassment 2nd. He was arrested on Dec. 2 after an investigation by Batavia PD into an incident reported on Nov. 4 at an undisclosed time and undisclosed location where Potter allegedly fought with another person. He was issued an appearance ticket.
Cornelius Welch, 44, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Welch was allegedly found in possession of narcotics during a traffic stop by Batavia PD while Welch was riding his bicycle at an undisclosed location and at an undisclosed time. He was issued an appearance ticket.
Lisa Ann Centi, undisclosed age, undisclosed residential street, of Chili, is charged with criminal possession of a controlled substance 7th, criminal possession of a weapon 4th, false personation, insufficient signal, aggravated unlicensed operation 3rd. Centi was arrested following a traffic stop by Deputy Jeremiah Gechell at 9:58 p.m. on Dec. 1 on Forest Edge Drive, Batavia. She was released on an appearance ticket.
Kenniva Sharee Imoni Couser, 23, of Finch Street, Rochester, and Rickia Leshay Bryant, 25, of Clifford Avenue, Rochester, are charged with two counts of endangering the welfare of a child and Bryant is charged with petit larceny. Couser and Bryant are accused of parking in a fire lane on Veterans Memorial Drive, Batavia, at 2:51 p.m. on Dec. 6. There were reportedly children in the vehicle when the exterior temperature was 30 degrees. The information related to the petit larceny charge was not released. Both were issued an appearance ticket. "Rickia Leshay Bryant" seems to be a name or a phrase.
Stacy Ramon Moss, 34, of Bates Road, Medina, is charged with two counts of criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, aggravated unlicensed operation 2nd, seeding, and driving without a license. Moss was charged following a traffic stop by Deputy Stephen Smith at 2:03 a.m. on Dec. 4 on Lewiston Road, Batavia. Moss was processed at the Genesee County Jail, issued tickets, and released.
Taylor Marie Goodenow, 21, of Route 5, Le Roy, is charged with burglary 2nd, menacing 3rd, and conspiracy 4th. Riley Lucas Semaj Robinson, 19, of Route 5, Le Roy, is charged with burglary 2nd, criminal mischief 4th, criminal mischief 3rd, and criminal possession of a weapon 4th. Goodenow and Robinson are accused of entering an apartment in Pavilion by force at 3:43 a.m. on Dec. 3, menacing the occupants and causing property damage.
Matthew Ryan Bankes, 36, of Mayflower Street, Rochester, is charged with DWI and speeding. Bankes was stopped at 2:52 a.m. on Dec. 10 on Clinton Street Road, Bergen, by Deputy Ryan Mullen. Bankes was issued an appearance ticket.
Sasha O. Wilson, 37, of Batavia, is charged with petit larceny. Wilson was arrested by State Police in connection with an incident reported at 4:15 p.m. on Dec. 11 in the Town of Batavia. Wilson was issued an appearance ticket. Troopers did not release further information.
Jeanie L. Graham, 38, of Rochester, is charged with bail jumping 3rd. Graham was arrested by State Police on Dec. 11 and ordered held on cash bail. Troopers did not release further information.
In a brisk sub-30 wind, about 30 volunteers gathered in the St. Anthony’s parking lot Wednesday morning taking care of business as usual for those folks in need lined up ready andwaiting along Liberty Street.
Despite the city’s request to find an alternate location for its twice-monthly food distribution, City Church instead cautiously continued on, but with more emphatic reminders for participants to be mindful of where they parked as the line slowly moved its way toward the distribution center in the parking lot. A city vehicle was spotted leaving the scene, and Pastor Ryan Macdonald confirmed that a city official had visited the lot.
“I’m just thankful that they’re allowing us to continue,” he said.
A week prior, City Manager Rachael Tabelski confirmed that the city requested that City Church find another location for its distribution due to neighborhood and school complaints about traffic issues as a result of participants that line up on the street for the distribution early in the morning.
Macdonald objected to the request for reasons including Becca Albrecht and Mattie Cooper. The women have no vehicles and have walked to get their food rations ever since the distribution began during COVID, they said. Both agreed they don’t know what they would do without the extra help.
“Me and my husband are on disability and have nine grandkids that we help out. One nine-year-old stays with me,” she said. “I get juices and vegetables. And sometimes we have cleaning products that they gave out this weekend. And it's just a big help in the community. We’re seniors, and we don't get enough for Social Security, you know. Even though we have two incomes coming in, it's so hard, because with all the medication and all, so you figure this here is a big help from the grocery store because the price of groceries is just outrageous.
“And I just love this church, the stuff they do. So I rent from the church,” she said. “So it’s really nice, it would be a blessing if they leave this here. Oh, we need it. We walk here every week.”
Albrecht’s husband works 40 hours a week, and they can still use all the help they can get, she said, to offset rising food costs for their family, which includes two little ones.
“Ryan, he’s great, he does so much for this community. And, you know, to take it away, it would be heartbreaking, because us families need it in this time, it’s everything. It definitely helps with the food costs,” she said.
She could understand that for residents on the street, there may be some issues with traffic congestion, but added another viewpoint.
“I mean, I'm sure for some people that live on Liberty, it’s a hassle. But, you know, if you think about it, we need to help one another and just be kind to each other, especially those, you know, Ryan and Pastor Marty are trying to help the community to get through to the needy families that need it,” she said.
They each had a small child’s wagon to haul the food back to their apartments, as did others who walked to the pick-up. Megan Little doesn’t have a vehicle either, and she walks everywhere, including to her job at a nearby restaurant.
“I’ve come to the food distribution twice, but I've been coming to City Church, the service at 10 o'clock down at City Church, for about a year now. And because my stepson’s grandma is big in the City Church, andworks with Ryan and stuff, and I got sober last year, and so I’m just trying to do this new way of life,” she said. “This is amazing how many people they help every every week. Like hundreds, if not thousands. It means a lot because right now my husband is not with us right now. He's gonna be away for a year, and so this is gonna help me a lot, especially around the holidays, and you get all kinds of stuff. They have fresh fruit, canned stuff. It's amazing.”
Some 100 vehicles had lined up along Liberty Street by 9 a.m. Most of them appeared to be parked in between driveways as instructed.A woman who was parked toward the front of the line couldn’t understand the city’s reaction to the distribution.
“I’m really shocked that they said that,” she said, asking that her name not be used. “I go to the church. I like it here, I don’t see why they would have to move; it seems like it’s organized to me.”
A big part of the organization system can be attributed to the volunteers that show up to stack the food in a long row, bag the loose items and prepare everything so that people can simply drive up and get their allotment and go so as not to create a disruption in the flow.
Volunteer Sandy Wojtasczyk walked the line to get names and mark how many adults and children were in each.
“And reminding them not to be parked in driveways or crosswalks,” she said. “And I help to give food out.”
Some vehicles had two families, and some participants will also distribute the food to the Little Free Pantry at First Presbyterian Church and to other organizations and neighbors in need, she said.
Fellow volunteer Jennifer Reed has been helping out for about a year and a half and has been attending the church for 18 years.
“I’ve observed all types of things: I've seen people crying, I've seen people overjoyed that they're getting assistance, with help getting food. I mean, it's just been a blessing to me as well as the people that come through the line,” Reed said. “I’ve never seen an issue with traffic, I mean, I've done everything from walking the streets, taking people's names that are going through the line, just observing, that nobody has been blocking driveways or blocking streets.
“And with the rise of food costs, this has been a blessing to the community. I mean, I have friends myself that come from Le Roy, and Wyoming. I've had people come as far as Attica. So people are coming from all over the region to get help with food.”
Former City Councilwoman Rosemary Christian, who represented that neighborhood’s Ward Six, reached out to The Batavian to voice her dismay about the city’s request to move the distribution. She has suffered somehealth issues and could not attend a council meeting in person, but wanted to urge others to consider doing so.
“The city streets belong to everyone who pays taxes, and those people all pay taxes too. The problem is, they can’t give up two and a half hours to help give people food?” Christian said. “It’s ridiculous, and they ought to be ashamed of themselves. I hope people will be there to protest this council so people will be able to get food.”
The Batavian has contacted Tabelski for an update on the city’s request and will add that to this article once received.
The food for the distribution is funded by “the City Church family, USDA, Foodlink and other financial partners,” Macdonald said.
Photos by Howard Owens
City Church pastors Ryan Macdonald and Marty Macdonald during a morning prayer at the start of Wednesday's food distribution at St. Anthony's on Liberty Street, Batavia. Photo by Howard Owens.
Ryan Macdonald and Mattie Cooper. Photo by Howard Owens
Students at John Kennedy Intermediate School had a big holiday-themed message for first responders on Tuesday morning: Thank you.
The students expressed their appreciation for the help and support the school gets from City Fire and Batavia PD at school events, notably the JK Polar Plunge, the Thanksgiving Food Drive, the Golisano Holiday Toy Drive, Careers and Candy, Fire Safety, and the Mud Run.
