batavia

Wegmans pharmacists will be at the Batavia YMCA from 9 to 11 a.m. tomorrow, Oct. 18, to provide flu shots. Pneumonia shots will also be available to eligible individuals.

The flu shots are also available for children ages 3 and up; they must be accompanied by a parent or guardian.

Your insurance provider will be billed; bring your prescription insurance card.

The retail price for the flu shot -- "Afluria Quad" -- is $39.99.

The Batavia YMCA is located at 209 E. Main St. in Downtown Batavia.

A slightly revised lease for property owned by the City of Batavia in the mall for Batavia Players got a renewed objection by Councilman Bob Bialkowski and as was the case in February of 2018, Bialkowski was the lone dissenting vote to approve the lease.

Bialkowski objected to the lease at Tuesday night's council meeting, he said, because it didn't address issues he said were typically in commercial leases -- such as provision for a dumpster, snow removal, parking, after-hour usage, and utilities.

He said the lack of clarity on these issues could lead to a lawsuit against the city and that since it is the first of what may be more leases of city property in the mall, the right precedent needs to be set.

"In my opinion, a good lease makes for good business," Bialkowski said.

He made a motion to rewrite the lease but it failed for lack of a second.

City Attorney George Van Ness said the only change in the lease was an extension of the term in order to meet state requirements for Downtown Revitalization Funds.

The proposal by Batavia Players to move the Harvester 56 Theater on Harvester Avenue to 35 City Centre -- the former Dent Neurological Clinic office, between Genesee Dental and The Insurance Center -- at a total cost of $901,750, was approved by the governor's office as part of the $10 million DRI award to the City of Batavia last year. The state grant will cover $701,750 of the construction costs.

Van Ness said if the city renegotiated the lease to the degree Bialkowski proposed, the past year's worth of work with the state to get final approval for the project would be lost and the process would start from the beginning.

"This is a standard commercial lease," Van Ness said. "It's been used in the past for other properties. It's been approved by Dent counsel. It's been reviewed and approved by counsel for Batavia Players as well as the Department of State.

"So respectfully, it's a standard lease in terms and received prior approval by the council on February 12th, 2018. Many of these same questions were asked and answered at that point in time. They were addressed and council voted at that point seven to one in favor of the lease."

Councilman Paul Viele, a contractor and commercial property owner, told his fellow council members that the lease is a standard "triple net."

A triple net lease means the tenant assumes responsibility for not just the rent, but also all other property expenses such as property tax, insurance, maintenance and utilities.

"I don't think anyone understands that they (Batavia Players) are responsible for most of everything that Bob raises as an issue," Viele said.

The council approved the lease on a 7-1 vote, with Councilwoman Rose Mary Christian absent.

There's been enough talk about the deer problem in Batavia, Councilman John Canale said during Tuesday's Batavia City Council meeting after a local resident said he's been chased by a buck in his own yard during public comments.

"Forming another committee isn't going to do anything," Canale said. "We've done this before. We form a committee and the committee studies the issue and makes a recommendation and then there's no action."

It's time for action, he said.

Councilman Paul Viele's suggestion: A controlled kill. It's time, he said, to start thinning the herds that encroach on the city.

Russell Nephew, a Bank Street resident, said there's a large herd that hangs out at that end of town, in the farm fields between Genesee Community College and the city line and enter on residential property, destroying landscaping and leaving their droppings in local yards, and perhaps carrying tics that are a danger to dogs and humans.

"Those things are disheartening and I’ve put up with them but now I’ve got chased through my backyard by a deer," Nephew said. "It reared up and I got away from it luckily. A couple of days later, my 70-year-old neighbor got ran into her apartment from a parking lot. At any one time, there can be from six to 10 deer that run through there."

A resident from Avon spoke up during the council discussion and said that in Avon they've instituted a bait-and-shoot program that has rules, is regulated, and is helping reduce the herd size.

Council President Eugene Jankowski pointed out that any deer killed would have the meat from the animal donated to a food pantry in the region to help feed low-income residents.

He also blamed the growing herd sizes on fewer hunters in New York. He said more people are giving up hunting as a protest against New York's increasingly restrictive gun laws.

While council members seemed to favor some culling effort, no specific plan was approved at Tuesday's meeting.

It's Make a Difference Day for Batavia High School seniors with students and teachers taking on several community projects, including cleanup at the Peace Garden despite the rain.

Top photo: Leah Wroten. Second photo, Wroten along with Carolena Williams, Gabrielle Lawrence, Andrea Kraus, Katie Metzler and Ethan DiLaura.

At the Batavia Agri-Business Child Development Center on Brooklyn Avenue, Ron Williams, Alesia Schmidt and Sherry Crumity.

Marcello Harris, Jacob Bondaruk and Joshua Wasiulewski clean toys at the Batavia Agri-Business Child Development Center.

Jacob Crimes cleaning a display case at the Holland Land Office Museum.

Charlie Burton and Ayden Dowd-Devay paint a door at HLOM, while in the background Eddie Goodenough vacuums. 

Shannon Gene Draper, 45, of Oak Street, Pavilion, is charged with second-degree criminal contempt. Draper was arrested at 8:21 p.m. on Oct. 9 after he was allegedly observed in the presence of a person with an active stay-away order of protection against him. He was issued an appearance ticket for Oct. 15 in Batavia City Court. The case was handled by Batavia City Police Officer Stephen Quider, assisted by Officer Jordan McGinnis.

Jennifer Lynn Button, 34, of Bennett Street, Oakfield, is charged with second-degree criminal contempt. At 6:24 p.m. on Oct. 14 Button was arrested after an investigation. It is alleged that she sent text messages to a protected party on East Main Street in Batavia, in violation of a court order of protection. She was issued an appearance ticket for Nov. 7 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Erik Andre.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with petit larceny. She was arrested at 4:54 p.m. on Oct. 10 on Ellicott Street in Batavia after a larceny investigation at a local grocery store. Gibson was issued an appearance ticket and is due in Batavia City Court on Oct. 22. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Brian N. Miles, 23, of Sixth Street, Rochester, was arrested on a warrant out of Batavia City Court on Oct. 15 after he allegedly failed to appear on a subpoena. He was arraigned in city court then jailed on $1,000 cash bail or bond. He is due back in city court Oct. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Stephen Cronmiller.

Agri-Business Child Development at Batavia will host an Open House and Harvest Meal from 5 to 7 p.m. on Tuesday, Nov. 26, at Batavia ABCD, 18 Brooklyn Ave., Batavia.

There will also be a scholastic book fair, and community health and resource fair, and a Thanksgiving-style dinner!

Many community agencies will be available to network with an answer questions.

This event is FREE.

RSVP by Nov. 15 to Kolleen Cassidy by phoning (585) 343-8160, ext. 5, by email at:   kolleen.cassidy@abcdmail.org

Last evening at Eastridge High School, Batavia girls swim team defeated Eastridge 87-56. Batavia won points in eight of 11 events, picking up their second win of the season.

For a complete list of results click here: Eastridge vs. Batavia

Photos by Steve Ognibene.

To view or purchase photos, click here.

Press release:

Cornell Cooperative Extension of Genesee County will hold its Annual Meeting beginning at 7:30 a.m. on Monday, Oct. 21, at the YWCA of Genesee County, 301 North St., Batavia.

The theme this year is "Impact -- The Power in Partnerships."

The local Cooperative Extension is committed to pursuing partnerships that benefit Genesee residents. The organization believes in the transformative power of partnership to accomplish our mission: putting research based knowledge to work in pursuit of economic vitality, ecological sustainability and social well-being; helping families and communities thrive in our rapidly changing world.

Presenters for the morning will be Morgan Harrington and Emmaline Long. Cornell Cooperative Extension friends, volunteers and members of the community are welcome to attend.

Please RSVP to Yvonne:  ydp3@cornell.edu or 585-343-3040, ext. 101.

Justin DeMartino and his friend Joe Carrender are Christian musicians who perform and collaboratively write songs as Providence Bridge. They have a shot at a big-time opportunity in Music City, thanks to a competition underway on Facebook.

DeMartino, the 35-year-old Creative Arts pastor at Batavia Assembly of God church on North Spruce Street in Batavia, and Carrender, 40, entered a national singing competition through a company called Rixon Entertainment Group.

They spent three or four hours writing a song called "Break Me Free" and recorded the performance on Monday, Oct. 7.

On Tuesday it was entered in the Facebook contest, joining thousands of other video entries.

But unlike most, by Wednesday it had soared to the top five. It has garnered 15,000 views and nearly 1,200 likes.

Voting ends at 3 a.m. this Friday, Oct. 18.

Below is the link to their song. If you like what you hear, they ask for your vote of support to help them win.

In order to have your vote count, you must click on the link for the video and hit the LIKE button.

The songwriter(s) will be flown to Nashville and get to record with a multi-Dove-Award-winning, Grammy-nominated record producer and the professional result will be sent across all media platforms for international distribution. (Dove Awards honor outstanding achievements in Christian and Gospel music.)

"We would love to have your support and spread the news!" says DeMartino.

"Break Me Free" is a song that speaks to the zeitgeist of today's America as regards the opioid epidemic in particular. It was inspired by a drug-addicted friend, DeMartino said.

It uses the metaphor of an hourglass -- with sand (troubles, pressures, temptations, addictions) pouring in, and the light that shines through to you at the bottom barely seen. From that perspective, life can seem hopeless at times, DeMartino said, but the light of Christ is there to pull you out and up...onward.

Michele R. Williams is indicted for the crime of aggravated driving while intoxicated with a child in the vehicle, which is a Class E felony. It is alleged that on May 24 in the Town of Darien that Williams drove a 2013 Chevrolet on Route 77 while having a BAC of .08 percent or more and while a child age 15 or less was a passenger. In count two, Williams is accused of aggravated DWI with a child as passenger, a Class E felony, also on May 24. In counts three and four, Williams is accused of the same crimes, respectively, for having a second child age 15 or less in the vehicle. In counts five and six, Williams is accused of the same crimes, respectively, for having a third child age 15 or less in the vehicle. In counts seven and eight, Williams is accused of the same crimes, respectively, for having a fourth child age 15 or less in the vehicle​. In counts nine and 10, Williams is accused of the same crimes, respectively, for having a fifth child age 15 or less in the vehicle​. In count 11, Williams is accused of following another vehicle too closely, a vehicle and traffic violation, without having due regard for the speed to the vehicle, the traffic or the condition of the roadway.

Taraleen T. Tundo is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on May 1 in the Town of Stafford that Tundo drove a 2004 Ford on Route 5 while her ability to do so was impaired by the conbined influence of drugs and while a child age 15 or less was a passenger. In count two, Tundo is accused of driving left of pavement markings the same day, a vehicle and traffic violation. In count three, she is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Tundo knowingly possessed gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities or narcotic drugs.

Brian K. Dyer is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 5 in the City of Batavia that Dyer intended to, and did, cause serious physical injury to another person by means of a dangerous instrument -- a concrete statue. In count two, Dyer is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous instrument -- a concrete statue -- with the intent to use it unlawfully against another person.

Patrick J. Gonzales is indicted for the crime of third-degress burglary, a Class D felony. On March 16, 2017, Gonzales allegedly knowingly entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of third-degree grand larceny, also a Class D felony, for allegedly stealing property with a value in excess of $3,000 -- a safe and personal property valued at about $3,702.50 in U.S. currency.

Sybil D. Davis is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on April 3 in the Town of Le Roy that Davis drove a 2001 Dodge on Route 19 while her license was suspended or revoked by authorities and while she was under the influence of a drug or alcohol. In count two, she is accused of driving that day while her ability was impaired by the combined influence of drugs or alcohol, as a misdemeanor. In count three, Davis is accused of reckless driving, as a misdemeanor, for driving that day in a manner that unreasonably interfered with the free and proper use of the roadway or unreasonably endangered users of the roadway. In count three, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Town of Pavilion and/or Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count four, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Town of Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count five, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Village of Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count six, Davis is accused of attempted escape in the third degree, a Class B misdemeanor, for allegedly attempting to escape from custody on April 3 in the Town of Le Roy.

Joseph L. Ruise is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 21 in the City of Batavia that Ruise knowingly possessed cocaine with the intent to sell it. In count two, Ruise is charged with criminal possession of a controlled substance in the fourth degree, a Class C felony. In count two, he is accused of knowingly and unlawfully possessing one or more preparations, compounds or mixtures containing the narcotic drug cocaine and these had an aggragate weight of one-eighth ounce or more. In count three, Ruise is indicted for the crime of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that on the same day, Ruise knowlingly possessed gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs.

Christopher A. Ridgeway is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Ridgeway knowingly and unlawfully possessed cocaine with the intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that on the same day, Ridgeway knowingly and unlawfully possessed alprazolam.

Nathan Falsone, 35, of East Main Street, Batavia, is charged with second-degree criminal contempt. Falsone was arrested at 11:11 a.m. on Oct. 9 p.m. on Maple Street in Batavia after he allegedly contacted a protected party of an order of protection. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He is due back in city court on Oct. 24. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Sgt. Dan Coffey.

Garrett Lloyd Strickland, 27, of Beach Drive, Medina, is charged with trespass and second-degree harassment. At 3:40 a.m. on Oct. 14, Strickland was arrested on Church Street in Pembroke. He allegedly continued to contact the victim several times after being advised to cease all contact with the victim. Garrett was also allegedly found on the victim's property after being told he was no longer allowed on the property. Garrett was released on an appearance ticket and is scheduled to be in Pembroke Town Court on Oct. 29. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Joshua Brabon.

Tessa L. Engel, 21, of Wade Avenue, Batavia, is charged with: driving while intoxicated; refusal to submit to a roadside breath test; unreasonable speed at special hazards; and moving from lane unsafely. Engel was arrested at 12:12 a.m. on Oct. 12 on East Main Street in Batavia after a personal injury accident. She was issued computer-generated tickets and was released to family members. Engel is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Peter Flanagan, ssisted by Officer Peter Post.

Lemar J. Leach, 34, of North Spruce Street, Batavia, is charged with driving while intoxicated and DWI with a BAC of .08 percent or more. Leach was arrested at 3:31 a.m. on East Main Street in Batavia after an unspecified incident at McDonald's restaurant. He was issued appearance tickets and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Peter Post.

Megan Elaine Ranlett, 28, of Gibson Street, Oakfield, is charged with: second-degree forgery, offering a false instrument for filing in the first degree; and petit larceny. Ranlett was arrested, no date or time specified, after allegedly filing false information April 12 on an application for Social Service benefits, which she subsequently received based on that information. She is due in Batavia Town Court on Nov. 7. The case was handled by Sgt. Thomas Sanfratello.

Van Detta Stadium was filled with soccer players and soccer fans on Saturday for "Super Soccer Saturday" with five soccer games on the pitch, including an alumni soccer game in the afternoon (top photo).

Games: 

• JV boys (Batavia beat Pembroke 4-2)
• JV girls (Batavia beat Greece-Odyssey 2-0)
• Batavia Alumni (Members from 1991-2019 played. Evens beat odds 4-1)
• Varsity Girls Sr. Recognition Game (Batavia beat Greece-Odyssey 4-0. Piper Harloff scored one goal and Katie Moore scored three).
• Varsity Boys Sr. Recognition Game (Batavia beat Pembroke 3-0)

Photos and info submitted by Carolyn Della Penna.

Batavia senior girls: Syd Della Penna, Maddie Taggart, Erica Flint, Azalea Wierda, Katie Moore, Liv Ells, Emily Janes, Bri Gutman.

Sources say the legislation necessary to implement a new 40-year sales tax sharing agreement between Genesee County and the City of Batavia has been delivered to the desk of Gov. Andrew Cuomo.

He now has 10 days to sign it or veto it or let the deadline pass (known as a pocket veto).

The bill incrementally shifts sales tax revenue previously shared with towns and villages with that revenue targeted to pay off bonds for a proposed $60 to $65 million jail and for water infrastructure projects.

As The Batavian reported exclusively two days ago, with the bill lingering in Albany, unsigned, the county was in danger of going without a sales tax agreement in 2020 and that County legislators felt it necessary to suspend the planning process for the new jail.

If the bill is signed, there will be a sales tax sharing agreement in 2020 and jail funding can be secured.

The state's Corrections Commission is requiring Genesee County to replace its substandard jail.

Previously: Plans for new $65 million jail put on hold while governor dawdles on sales tax legislation

Submitted photos and press release:

Medal of Honor recipient David G. Bellavia appeared at the NYS Veterans Home on Thursday, Oct. 10, as part of a wish-granting experience created by the local nonprofit, Senior Wishes.

Bellavia, an Army Staff Sergeant and the first living Iraq War Veteran to receive a U.S. Medal of Honor, spoke to residents, staff and guests, including members of the Combat Vets Association.

His speech was followed by a reception organized by Senior Wishes which included refreshments, and the opportunity for guests to meet with Bellavia, who graciously shared his Medal of Honor, posed for pictures and signed copies of his book.   

The event was planned as part of an introduction of Senior Wishes to the Batavia community, as the program has just expanded from Erie and Niagara counties to also serve residents of Genesee, Wyoming and Orleans counties.

Established in 2013 by the United Church Home Society (UCHS), Senior Wishes’ mission is to honor and recognize the lifelong contributions of our oldest citizens by granting meaningful wishes that will enhance seniors’ lives.  

According to Wendy Miller Backman, Senior Wishes executive director, “Senior Wishes was created to recognize that our aging seniors still have things they want to do, places they want to go, or people they want to see. We transform those dreams into a reality.”

The program has granted more than 250 wishes in Erie and Niagara counties, and strives to grant more wishes to seniors by expanding into more counties. 

Wish requests may be big or small. Previous wishes have included air travel to visit long-missed family, cheering on a favorite team in person, and revisiting an abandoned hobby.  

Wish recipients must be 65+ and a resident of Western New York with an annual income under $38,000 for a household of one or under $44,000 for a household of two. Permanent residents of care facilities are exempt from the income qualification. Vacations, medical items, household repairs, bill payments and travel outside of the continental United States are excluded.

To learn how to apply for a wish, visit www.seniorwishes.org or call Wendy at 716-508-2121.

A car vs. motorcycle accident is reported in front of Settler's restaurant at 353 W. Main St. in Batavia. City fire and Mercy medics are responding.

UPDATE 11:55 a.m.: It appears a minivan exiting the Settler's parking lot failed to yield the right of way to an eastbound motorcyclist on Main Street, according to a first responder. The minivan struck the motorcycle and the rider was injured. Medics are treating his injuries roadside for now.

Submitted photo and press release:

Cedar Street Rentals in Batavia has donated two Cub Cadet benches to the Friends of the Batavia Peace Garden.

They are being placed in front of the shed on the west side of the County Building and Grounds Facility, along the path to the Memory Walk for a resting point for walkers who care to take a seat and enjoy.

They are a beautiful addition to the efforts of beautifying Downtown Batavia.

We members would like to take this opportunity to thank our community for all of its support in helping our flags flying and our flowers blooming!

In the photo above: committee members standing along the left bench are Louise Wallace, Berneda Scoins, Carol Grasso, and Donald Wallace; seated are Carolyn Epps with our youngest member Caleb Johnson. Standing in the middle are Ellen Bachorski, owner of Cedar Street Rentals Guy Clark and Barb Toal.

Press release:

The Batavia Police Department and Genesee County Sheriff’s Office has received an armored rescue vehicle from the U.S. Government’s 1033 program.

The program allows for departments across the nation to receive surplus military vehicles, for free, to use in special operations.

The vehicle received is called an MRAP, which stands for Mine-Resistant Ambush Protected. The vehicle was designed to withstand improvised explosive devices and ambush attacks. Due to its larger size, heavyweight, and big tires, it is also a perfect vehicle to use during flood situations and natural disasters.

The departments will take possession of the vehicle today and will begin retrofitting it with the necessary equipment to include paint, decals, lights/sirens, seating, and communications to make it suitable for law enforcement use.

The departments plan to use the vehicle for a multitude of duties to include, rescue operations during floods or natural disasters and high-risk law enforcement activities such as active threats/warrant executions, throughout the county.

This new addition will allow the departments to provide better protection to citizens in natural disaster situations and also protect officers who are involved in higher-risk law enforcement activities.

The Batavia Police Department and Genesee County Sheriff’s Office are proud to have this vehicle which better prepares the City of Batavia and Genesee County for any threat, both natural and man-made.

Previously:

• Chief says armored military vehicle would improve police rescue capabilities at low cost
• City moving forward, perhaps with county help, on request for MRAP from military

The City of Niagara Falls is honoring David Bellavia at 3 p.m. Saturday with a Key to the City and Bellavia will deliver a talk, "Duty 1st with David Bellavia: Serving Country and Community."

Duty 1st is offering 50 percent off on tickets for this event to readers of The Batavian. Use this link to purchase the discounted tickets.

Press release:

The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a 3 p.m. talk by the Medal of Honor recipient, who will be honored by the Niagara Falls community with a Key to the City. In addition, there will be a full speaking engagement and meet-and-greet.

Since getting the Medal of Honor, Bellavia has had the honor to talk to audiences from children to World War II veterans all around the Country -- he’s talked about patriotism, and service above self and shared laughs and tears with folks along the way. Now, he will finally get to deliver a talk for his friends and neighbors, hosted by the Rapid Theatre in Niagara Falls -- where half the event will be a sit-down Q&A with the audience.

The Oct. 12 event will also serve as a kick-off for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc., which will benefit soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2).

General admission tickets are $22 (Deuce-Deuce) at the door – but Batavian readers can get a 50-percent off discount right now by preregistering using promo code Batavian. There are also publicly available deep discounts for military, whether active or VET/retired (75-percent off), and Gold Star families (free) – available at checkout, with no code required.

Tickets are available at DavidBellavia.com or on EventBrite.com – but here’s the custom link with embedded discount code: https://www.eventbrite.com/e/duty-1st-with-david-bellavia-serving-country-and-community-tickets-72099291923?discount=Batavian. If there are any issues, just enter discount code: Batavian.

Staff Sgt. Bellavia also will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at the Rapids Theatre, 1711 Main St., Niagara Falls.

Prior video coverage of David Bellavia's Medal of Honor: