batavia

Press release:

City of Batavia firefighters are proud to announce the winners of their 5th Annual Fire Prevention Contest.

Press release:

The Genesee County Office of Emergency Management is pleased to announce the appointment of Christina Marinaccio as County Fire Instructor for Genesee County effective October 2017.

Marinaccio is an active member of the Le Roy Fire Department and the Genesee County Emergency Support Unit. She is currently employed as a City of Batavia firefighter.

Her responsibilities as County Fire Instructor include conducting fire training and instruction in fire prevention and control in accordance with the New York State Fire Training Program.

Press release:

The Batavia Police Department will be participating in the DEA’s 2017 National Prescription Drug Take-Back initiative on Saturday, Oct. 28.

The event will be held in the rear parking lot of the Batavia Police Department (10 W. Main St.) between 10 a.m. and 2 p.m. Citizens can turn in their unwanted, unneeded, or expired prescription drugs for safe disposal.

The National Prescription Drug Take-Back addresses a vital public safety and public health issue. Many Americans are not aware that medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are at alarming rates, as are the number of accidental poisonings and overdoses due to these drugs.

Studies show that many abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, many Americans do not know how to properly dispose of their unused medicine, often flushing them down the toilet or throwing them away – both potential safety and health hazards.

Two other disposal sites are in Genesee County, and these also have collection hours between 10 a.m. and 2 p.m. tomorrow.

• Sheriff's deputies will staff collection at Pembroke Town Highway Barns, routes 5 & 77, East Pembroke
• Le Roy Police at Village Hall, 3 W. Main St., Village of Le Roy (near routes 5 & 19)

(For previously posted press release on how this initiative helps the Great Lakes and New York waterways, click here.)

A man suspected of the murder and rape of a toddler, whom authorities thought might head to Western New York, was arrested early this morning in Franklin Park, Pa., according to the Pittsburgh Post-Gazette.

Yesterday, State Police and Sheriff's deputies conducted a search of an area along the north side of the Thruway in Batavia after callers reported seeing a man who matched the description of the suspect, 37-year-old Joshua Gurto. Two K-9s were unable to detect fresh human scent anywhere in the area and the search was called off after about an hour.

Franklin Park is a three-hour, 37-minute drive from Batavia.

It's unknown at this point, of course, if Gurto ever was in Batavia.

The Kiwanis Club of Batavia will host its 60th annual Pancake Days on Saturday, Nov. 4, from 7 a.m. to 2 p.m. at St. Joseph School in Batavia.

Tickets are $6 for an adult and $4 for children and seniors.

This fundraiser helps the Kiwanis Club support local youth organizations and helps events such as the Easter Egg Hunt at Centennial Park, the Thanksgiving morning skate at Falleti Ice Arena and the Holiday Tote Project. 

Pictured: Ben Landers, bottom left, Riley Yunker, Summer Campopiano, Kaitlyn Landers, Sofia Falleti, Mary Case, Matt Landers, Jeannie Walton, Gary Maha and Susan Maha. The St. Joe's students are members of K-Kids.

Police have been dispatched Vine Street, Batavia, for a chicken crossing the road.

No word on why the chicken is crossing the road.

UPDATE 6:40 p.m.: Responding officer: "Do we know why it's crossing?" Dispatcher: "I guess to get to the other side." The location is 116 Vine St.

While law enforcement searched for somebody identified as a possible warrant suspect this afternoon in the area north of the Thruway near Route 98 in Batavia, this dog was hanging out in a farm field in the search area. 

There's no indication the dog was associated with the subject of the search. It was just laying there, a couple hundred yards from Route 98, watching, until it wandered off in an unknown direction.

(Police mug shot of Joshua Gurto.)

State trooopers and Sheriff's deputies, and a canine unit from each agency, are scouring the area around exit 48 on the Thruway for a man a caller described as looking somewhat like the suspect wanted in Ohio for raping and murdering a 13-month-old girl on Oct. 7.

They have been on scene around the Batavia exit for about an hour.

The man is said to be bearded and wearing a hoodie and he's on foot, having been spotted north of the exit 48 overpass, then crossing where there's a strip of concrete median and heading west.

It's unknown if he is actually the suspect, who is Joshua Gurto, a 37-year-old from Conneaut, Ohio.

UPDATE 2:48 p.m.: BOCES was put on lockdown during the manhunt, but that has now been lifted. The search is expected to terminate soon.

UPDATE 2:50 p.m.: Gurto is described as a 5-foot-10, 145-pound male with a deformed right ear, misaligned jaw and tattoos on his right forearm. The person spotted earlier this afternoon in Batavia so far has not been located.

UPDATE 3:03 p.m.: Law enforcement is preparing to leave. The pedestrian was not found.

Jimpce Jay Etienne, 41, of Warren Street, Batavia, is charged with harassment, 2nd. Etienne allegedly repeatedly punched another person in the face during an incident reported at 12:30 a.m. Sunday at a location on Warren Street. He was jailed on $950 bail.

Giancarlo A. Miranda, 19, of Clipknock Road, Stafford, is charged with criminal possession of a weapon, 3rd. Miranda was allegedly found in possession of a switchblade knife while at County Building #1 at 4:07 p.m. on Tuesday.

Michelle L. Misiak, 52, of Fisher Park, Batavia, is charged with petit larceny. Misiak is accused of stealing an alcoholic beverage from Southside Deli at 11:46 a.m. Saturday.

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, was arrested on a warrant. Beardsley was wanted on a warrant out of Batavia City Court.

William A. Andrews III, 38, of State Street, Batavia, was arrested on a warrant. Andrews allegedly failed to comply with court-ordered programs. He was jailed on $2,500 bail.

City fire responded this evening to a semi-truck fire at 317 Ellicott St., Batavia.

The fire was quickly extinguished.

Photos by Frank Capuano.

Batavia High Schoold kicked off its monthly "Lunch with a Pro" series today, with the first career-minded guests coming from the Batavia PD.

Lunch with a Pro, organized by Anita Strollo, is a chance for high school students to learn firsthand from people in the community about different career opportunities.

Today, students who took time out during their lunch period, enjoyed pizza while touring the department's emergency response vehicle and talking with officers about what it takes to become a police officer and what it's like once you make it.

The attorney for a defendant accused of assault in the first degree stemming from a stabbing on East Main Street, Batavia, in July, has requested three hearings to challenge some of the evidence against his client prior to any jury trial.

JW Hardy III, 30, of 216 Liberty St., Batavia, is charged with assault in the first degree and gang assault, 1st.

Attorney Marty Anderson is seeking a Huntley hearing, a Wade hearing, and a Mapp hearing.

A Huntley hearing is pretty common in criminal cases that might go to trial. It's a chance for the defense to determine if statements made by defendants while in custody are admissible at trial.

Wade and Mapp hearings are far less common.

A Wade hearing is used to determine if a suspect identification by a witness, such as through a photo line up, as used in this case, was handled according to correct procedure.

At a Mapp hearing, the defense challenges evidence gathered during the investigation to ensure the defendant's Fourth Amendment rights were not violated, that investigators had sufficient probable cause to proceed.

District Attorney Lawrence Friedman asked that the Wade hearing be delayed until a day before the trial date in order to protect the witness from threats or intimidation. 

The suspect, Hardy, nor his co-defendant, Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, know the identity of the witness at this stage of proceedings.

Hardy and Spencer are both accused of assault, 1st, and gang assault for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Officer Arick Perkins is credited with saving the victim's life.

Judge Charles Zambito reserved judgment on when to hold the Wade hearing. The other hearings are scheduled for 2:30 p.m., Nov. 22.

Hardy is out of jail pending further court proceedings.

Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.​

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.

Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)

A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.

With more than a decade as manager of the City of Batavia under his belt, 38-year-old Jason Molino says he cherishes the opportunity to move the community forward, ever mindful of the support he has received along the way.

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Sidebar: City Council president weighs in on Molino’s performance.
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“Every day is a new day, and the most fun is the (City of Batavia) staff,” he said. “We are fortunate to have dedicated people who go above and beyond – people who are committed to the community and seeing each other succeed -- and work in a community that is thankful for everything you do. That’s what makes it most enjoyable.”

Molino, a Saratoga Spring native, moved to Batavia in the winter of 2006 after accepting the assistant city manager position.

He admitted that local governmental administration is “a tough field, with a level of scrutiny,” but his motivation comes from understanding that “change happens” at the local level.

Molino started out as an environmental science major in college but switched to political science – a move he doesn’t regret.

“It was the second semester at Norwich (University in Northfield, Vt.) when I decided that environmental science – with all of those science courses – was not for me,” he said.

Also during this time, Molino joined the U.S. Coast Guard reserve as a Petty Officer 2nd Class and stayed on until 2007.

While political science can be a broad field, Molino focused on a degree in management, enrolling at Rockefeller College of Public Affairs & Policy at the University of Albany. He overcame some initial doubts to earn a Master of Public Policy degree (the public sector version of an MBA).

“The program was one of the best in the country,” Molino said, noting that many international students – from the Eastern bloc and Asia -- were there “to learn public administration from the American values perspective.”

But Molino said he still wasn’t sure that he made the right move – “I wondered why I was here?” he said – until he took a local government seminar course taught by Bob McEvoy, a retired Schenectady County manager who became Molino’s mentor.

After graduate school and a one-year stint as a management assistant in Schenectady County, in 2004 Molino accepted the position of assistant to the village manager in Port Chester in Westchester County.

His responsibilities included developing budgets for the village’s geographic information system (GIS), leading a yearlong study of sanitation services, coordinating stormwater management, digitizing documents to improve workflow and negotiating labor contracts for 150 full-time employees.

“That was a different environment … a lot of the county’s villages and towns have managers,” Molino said. “When the Batavia assistant manager job was advertised, I applied, thinking that it was an opportunity to come back upstate. It was my journey back north, so to speak.”

It was his first experience with Western New York, however.

“I remember getting into town and stopping at the Chamber of Commerce office, which was downtown, and I grabbed some quarters to put in the parking meters,” he said. “I then realized that I didn’t have to pay for parking. Now that was something I didn’t live with. The next thing I did was check out Royal Rink (now Falleti Ice Arena).”

Molino’s interest in the ice rink stems from his years as a hockey player in Saratoga Springs, a passion that continues today as a goalie in the Batavia Men’s Hockey League.

At the time of his hiring as assistant city manager, Molino said he was unaware of the City’s financial difficulties. It didn’t take him long to see there were problems, however.

“It was around the summer of 2006 when I made Council aware that the City was late in disclosing financial statements,” he said. “There were six to seven years of operational deficits, and I was making a presentation a month to Council that this is what has been happening, and made immediate, short-term and long-term recommendations.”

Shortly thereafter, Molino replaced Matthew Coppler as city manager and embarked on a mission to erase a $2.2 million fund balance deficit. At the age of 26, he was the youngest city manager in the state.

“It was a difficult time,” he recalled. “We had no assistant, the deputy director of finance had left and the City Clerk was on maternity leave.”

Molino said his initial strategy was to draft a balanced budget and “stop the bleeding.”

“We took drastic measures, realizing a small surplus in operations, but the next budget (2007-08) was painful – reduction of services, retirement incentives, tax increases and staff cuts. ”We didn’t even have the proper equipment at that time as the City hadn’t purchased a piece of equipment in 10 years.”

Working together, Molino and City Council managed to stay out of the red every year since, unless there were planned expenditures, such as capital improvement plans and infrastructure projects.

Starting in 2009 and continuing to this day, Molino implemented best practices for budgeting, and the City has been honored by the Government Finance Officers Association of the United States and Canada for the past three years for its budget presentation.

The year 2009 was an important year for Molino personally as he and Batavia native Anna Lesh were married following a two-year courtship. They reside on the city’s northwest side with children, Sophia Dinehart, a senior at Batavia High; Stella, 7; Charley, 5, and Jason Jr., 3.

Other important changes in the past eight years include consolidating police dispatch with Genesee County, abolishing the City’s ambulance service, developing a plan to revitalize the downtown Brownfield Opportunity Area (notably the Batavia Pathways to Prosperity funding arm), and participating in the state’s Downtown Revitalization Initiative.

“All of this has been driven by us trying to save money and improve operations,” Molino said. “We received pushback, for sure, because these were big decisions, tough decisions. Council made the decisions in light of severe financial challenges.”

Fairport Village Manager Bryan White, who at 37 is on a parallel career track with Molino since their time at Rockefeller College, gives Molino glowing reviews for restoring Batavia’s fiscal health.

“I don’t think Batavia understands the caliber of manager that Jason is,” said White, the current president of the NYS City/County Management Association (a position formerly held by Molino). “He is a true professional who is driven to succeed, who cares about the community and is well-rounded in regard to his thinking and processes.”

White said Molino’s status as a “credentialed manager” speaks volumes.

“You have to be in the program for over seven years just to apply, and you have to prove to your peers that you have achieved a level of competency in public sector management and local government,” he said.

Molino has been successful, White said, by “building an environment that fosters leadership, confidence, and accountability.”

Today, Batavia has emerged from the “recovery mode,” as Molino puts it, into a “growth mode that can propel the community to greater things.”

And last month’s announcement that the City won the $10 million DRI award for the Finger Lakes Region will make Molino’s campaign of $100 Million, I’m All In campaign much more reachable.

“We’re looking for $100 million in investment in the City by 2022,” he said. “With input from the staff, support from Council and the community, we can do it.”

In the meantime, the City has secured $2.5 million in funding for extensive street repair on Union, Clinton, Vine, Liberty and South Liberty streets, and East Avenue in 2018, work that will include resurfacing, sidewalks and water lines, Molino said.

All told, the City has made a remarkable recovery – tax increases, if any, have been minimal; state and federal money is coming in and it looks as though a solution to the ongoing dilemma known as the City Centre Mall is near.

Molino indicated that interviews for the assistant city manager position are concluding and that a final candidate will be introduced within a couple weeks. Batavia has been without an assistant to Molino since the departure of Gretchen DiFante in July.

 “There have been challenges and curveballs, but throughout all of this, City Council has made the decisions to allow these things to progress – a lot of important decisions,” said Molino, who manages a $25 million budget and a workforce of 140 (full-time equivalent).

He said that discussions are ongoing with the owner of property on Swan Street, a parcel targeted by a city task force for a potential site for a new police headquarters.

“We’re trying to get a contract for a sale in front of Council,” he said, adding that a facility with a $10 million to $15 million price tag would have a significant impact on taxes – and will trigger community input from those on both sides of the fence.

Molino said he understands that public criticism of those charged with making the decisions comes with the territory.

“Anybody that gets into this line of work must accept the fact that he or she will be criticized publicly,” he said. “Even with the best of intentions and ideas, it is the people’s right to criticize. While I don’t take it personally, sometimes people cross the line.

“But at the end of the day, I’m recommending what I believe to be the best possible solutions, giving Council the information to make its decision.”

With a promise to focus on people and jobs, a Mumford resident, Nicholas Stankevich, stepped behind a lectern placed in front of the entrance of Batavia High School yesterday and announced his candidacy for the Democratic nomination for the 27th Congressional District.

Stankevich has just finished a tour of the school led by Pat Burk, chairman of the Batavia City Schools District trustees.

Burk said he was endorsing Stankevich because the candidate would support education and favor policies that continued the flow of funds from the federal Department of Education to local school districts.

"Districts require a certain level of cooperation and funding from the federal government in order to provide for many of our neediest students," Burk said. "Programs that are called upon daily to aid and assist our children are in jeopardy under current conditions and this administration."

Burk then discussed some of the programs that assist students and educators that are threatened, including Medicaid, nutrition programs and programs to promote new technology and training.

"Nick Stankevich will work with our local educational leaders to understand the needs of our students and the families that we serve," Burk said. "He will work to maintain a high level of funding that is needed to provide for our neediest children."

When asked for specifics on his education policy, Stankevich said that's a work in progress.

"There is this is a lot of work to be done," Stankevich said. "It's holding people accountable. And like I said before, as the campaign goes on we'll get into more specifics on legislation."

As he said before, he doesn't yet have specifics on his "people and jobs" platform.

"As we unfold more and as the campaign goes along we will be releasing specific policies and specifically to jobs," he said.

A lifelong resident of Western New York, Stankevich described himself as both an educator and small businessman. His first business, of five, was a swim school, which he said he ran successfully for 12 years. Currently, he is in charge of marketing for his parents' bed and breakfast in Mumford. He holds an MBA from the Pepperdine Graziadio School of Business and Management in Los Angeles. On his LinkedIn profile, he also lists himself as cofounder (with his brother Jason) and CEO of a startup technology company based in Los Angeles, Instrekt. The company describes itself on Crunchbase as,"... an Airbnb style, trusted community-driven marketplace for people to list, discover, and book activity-based lessons around the world."

His experience, he said, prepares him to focus on jobs, jobs for people.

"There are many different ways to do economic development and mine would be more of a people-first approach that helps the community," he said.

He said he decided to run because he sees so many problems around us.

"Just stepping outside your door, looking down the street," Stankevich said. "You know there's there's a lot to be done in all of our communities and I believe that we need new leadership and we need a new direction."

Four decades of wrangling, including five lawsuits, between the city and mall property owners is close to finally being wrapped up after a majority of property owners tonight voted to approve a settlement agreement. 

The agreement gives the city control over, and responsibility for the mall concourse. 

This settlement is the biggest step, but not the final step, in resolving this long-standing dispute. The vote for the settlement was not unanimous and if any mall property owners fail to sign the agreement it would drag out the legal process. Recalcitrant owners would have to appear before a judge and explain, show cause, for their failure to sign.

Most of the mall property owners coming out of the closed-door meeting where they voted on the agreement tonight were smiling. Robert Chiarmonte, chair of the Mall Merchant Association, said he was glad the settlement was finally approved. 

"The positive thing is that this year the maintenance fee, which will actually be called a user fee now, will stay level or somewhat level for about five years. We have our easement. We don't go to court. That's a good thing."

The protection of property owners easements was an important point to include in the settlement, Chiarmonte said.

"That was a big thing because some people were worried about being able to refinance their property or sell their property," he said.

Every property owner in the mall must now sign off on the agreement. They have 10 days to sign. If they don't, the mall merchants attorney and the city attorney will try to convince them to sign. If they still don't sign, they will have to explain their reason and provide evidence to support their reason, before a judge in Buffalo.

The vote total from tonight is not available. Each mall property owner who is in good standing on mall association fees had a vote weight by the square footage of his or her property. The City didn't have a vote on property it owns through foreclosure, but it did have a vote based on ownership of City Hall. Chiarmonte said the motion to approve the settlement would have passed, just based on the property size of the owners who did support the settlement, even without the city's vote.

City Manager Jason Molino said he expects a final resolution to be in place by April, at which time the city can take over maintenance and began work to replace the roof, repair the skylines and clean up the entryways.

"The optic improvements, the visuals, that will make the space more welcoming and open to investment," Molino said.

The city owns, through tax lien foreclosure, a handful of properties in the Mall. Once the appearance of the mall improves, those properties will be easier to sell and they will go up for auction.

Chiarmonte thinks that in itself will be a big step forward to help bring more traffic into the mall as new businesses open in those locations.

Molino agrees.

"My estimation is that when some of the improvements begin, and just some of the aesthetic improvements begin, which is not a lot, you're going to start seeing interest in those properties," Molino said. "You will see people are going have a different perspective on investing in those properties. That will be just a positive turn, just that alone."

Press release:

Tops Friendly Markets, a leading full-service grocery retailer with a store in Batavia and one in Le Roy, announced today that the company will offer military personnel and their immediate families an 11-percent discount off of their grocery bill this Veterans Day.

On Saturday, Nov. 11, Tops Markets will honor an 11-percent discount off of a total order to all veterans and immediate family members in the same household, who shop at any Tops location.

Customers should present proof of service that they, or an immediate family member are a U.S. veteran, active duty, reserve or retired military personnel to automatically receive an 11-percent discount off of their total purchase that day.

“The respect and gratitude we have for the people who serve and have served in the military is immeasurable, and for that we are forever grateful,” said Frank Curci, Tops chairman and chief executive officer.

“We wanted to support local military personnel by giving back to our associates and customers who have courageously defended our country and made many sacrifices through their military service.”

Tops is a longtime supporter of military associates and customers. The company’s actions include support of Honor Flight Missions, Wounded Warriors, American Veterans Traveling Tribute Wall, sending care packages for troops serving domestically and overseas, participation in veteran job fairs, parades and expos and a myriad of other veterans events.