batavia

The Clarion Hotel on Park Road in Batavia is now the Quality Inn & Suites. Prices are unchanged. But the wireless service, which had problems previously, has been replaced with state-of-the-art Wi-Fi service and the bedding is all new, too.

So says General Manager of the location, Evan Sakeeb.

"We're bringing a lot of new stuff with the new name," Sakeeb said. "We're constantly changing, working to better serve our customers."

Whereas the Clarion was only one of 158 nationwide, the Quality Inn & Suites is a more with familiar brand with many more U.S. locations.

"Quality Inn is more familiar and more popular," he said.

The owner of the Batavia location remains the same, Chan Patel.

More changes/upgrades are planned there soon and will be announced later.

Our news partner WBTA contributed to this report.

A plan to fund Vibrant Batavia for two more years at a cost of $97,000 was narrowly rejected by the City Council on Monday night, but that doesn't mean Vibrant Batavia is dead, or that the city can't look at other neighborhood programs to replace it, said Council President Eugene Jankowski.

"Vibrant Batavia got off to a bad start," said Jankowski, who voted against moving the two-year plan to the council's next business meeting. "It got a stigma, labeled, if you will, as coffee parties and ice cream socials when really it wasn't that, but unfortunately, you only have one chance to make a first impression."

Paul Viele, Kathy Briggs, Al McGinnis and Rose Mary Christian joined Jankowski in voting against the plan.

The plan would have committed $48,500 for 2016-17 and another $48,500 for the following year.

The funds would have come from money already committed in the budget for Vibrant Batavia ($25,000), another $24,000 from last year's unused appropriation, $33,000 from the sale of a foreclosed home on Walnut Street and $15,000 from a community development block grant.

Christian argued that the city has a lot of other needs and the funds would be better spent on parks, sidewalks or police gear.

Both Christian and McGinnis questioned whether Vibrant Batavia really accomplished anything its first three years of existence. 

McGinnis said that recent community action to oppose the closure of Park Road and stop a fast food restaurant on West Main Street were citizen, grassroots initiatives and didn't need Vibrant Batavia to get going. That's the American way, he said, not government-funded programs for neighborhood improvement.

"As long as we allow Vibrant Batavia to exist, it becomes a fixture and continues to grow," McGinnis said. "It becomes a mandate and it needs to stop now."

One of the accomplishments placed by some on Vibrant Batavia's resume is improvements to the Summit Street neighborhood over the past year to 18 months.

Christian said there is no way Vibrant Batavia deserves credit for that change. That was the result, she said, of citizens working with the police and code enforcement officer.

"You can't tell me that Vibrant Batavia did this," Christian said.

A short time later, Councilwoman Patti Pacino said exactly that. She said she was at the neighborhood meetings with Summit Street residents right from the beginning, and so was LeAnna DiRisio, then director of Vibrant Batavia. Pacino said Vibrant Batavia was involved every step of the way.

"The residents called LeAnna and said, 'can you help?' " Pacino said. "A couple got together and said, 'we don't have any experience and power.' She was at all of those meetings."

Pacino also rejected the notion that all Vibrant Batavia did was spend money on pizza parties.

"All this money supposedly spent on pizza and ice cream, it didn't come from the city," Pacino said. "Most of it was donated and not taken out of this money."

Pat Burk and Marty Macdonald, both Vibrant Batavia volunteers from the beginning, spoke in support of continued funding.

"People need to know that they can depend on their elected officials and their city officers to ensure that there is pride throughout the community," Burk said.

Macdonald said Vibrant Batavia existed primarily because it was backed by people willing to support it with donations and thousands of hours of volunteer work, but it still needs city backing to continue.

"There are people who believe in our community and the movement taking place," Macdonald said. "They see a vibrant Batavia rising up and they need City Council leaders who are not taking people where they want to go, but where they need to go."

When Vibrant Batavia was first conceived more than three years ago, it was the result of a study of a group of consultants who said the city needed to do more to address deteriorating neighborhoods, because decreasing home values can spiral out of control if neighborhood issues are not addressed. 

The original plan was for Vibrant Batavia to be established as a five-year project, but every year since, some council members have forced it to fight for its existence, annually calling into question whether the city should be involved in backing the initiative.

City Manager Jason Molino's plan was intended to get it through the final two years of that five-year plan and then see where to take it from there.

Last year, the council reached a compromise for one more year of funding but made it contingent on Vibrant Batavia finding another $15,000 in funding not from a city source.

Molino argued that the auction of the house on Walnut for $33,000 met the criteria. That is money being reinvested back into neighborhoods, he said.  Originally, the city wanted to donate the house to RochesterWorks!, and much like Habitat for Humanity, allow RochesterWorks! to finish the rehabilitation on it and then sell it to fund Vibrant Batavia. This clearly would have met the funding goal,  Molino said, but legal barriers prevented that plan from moving forward, so the city auctioned off the house itself.

McGinnis argued that Vibrant Batavia had failed to meet its financial obligation.

"Using the home sale money is not going to fly," McGinnis said. "It's short and simple: you failed to meet your goal and you're finished. You don't have the money, game over."

After the meeting, picking up on prior statements by Molino that Vibrant Batavia is really a committee of the city appointed by the council, just like any other committee, and other city committees aren't expected to raise their own funding, Jankowski said perhaps Vibrant Batavia should have raised an objection a year ago to the self-funding requirement.

"They should have addressed it much sooner," Jankowski said. "People kind of felt like it was a scam."

Jankowski said he's favored all along a one-year plan for Vibrant Batavia, that such a request might have a better chance of getting through the council. A one-year plan, he said, he would be more likely to support than a $96,000 two-year plan.

But he also questioned both some of the specifics of the plan rejected by the council and even whether there is that great of a need for a group like Vibrant Batavia.

One of the specific tasks of the two-year plan was to select two neighborhoods for a "curbside appeal" program where a consultant would produce artist renderings for more than 200 homes showing residents how with a little work they could improve the appearance of their houses.

"Do we really need artists renditions of people's homes?" Jankowski said. "Will people really spend money to get a nice picture of 'this is what your house could look like,' and you're like, 'I don't have $10,000 to do that kind of landscaping.' "

On the other hand, there's no reason for the city not to go back to the drawing board on neighborhood improvement efforts, whether that's called Vibrant Batavia or something else, Jankowski said.

He favors what he's seen work during his own 35-year police career. Years ago, Pat Corona (now retired) started a neighborhood policing program that had police officers knocking on residents' doors when local crimes were reported, not just to seek witnesses and warn of break-ins, but to make connections.

That evolved, he said, into the local drug task force, and instead of instant feedback, months-long investigations fell behind a necessary cloak of secrecy and people no longer had direct knowledge that problems in neighborhoods were actually being addressed.

Maybe the $33,000 from the sale of Walnut Street should be spent on sending a couple of police officers to community policing school, Jankowski said.

On the other hand, things in Batavia really aren't as bad as some people sometimes make it out to be. He remembers a floating crap game on Ellicott Street, and parking lots filled with beer-swilling men and kids drag racing on Main Street. 

"I'm not seeing that kind of activity that I saw in the beginning of my career," Jankowski said. "I mean, things were really bad. There were shootings. There were murders. Now they are fewer and farther between."

A garbage truck operated by Genesee ARC stopped on State Street and a person ran out of a residence with a bag of garbage and threw it in the truck and ran back into his or her house.

The resident is not a Genesee ARC customer.

Batavia PD is responding.

Press release:

On April 21, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made;

• Ashli Zajaczkowski, 25, of Walnut Street, Batavia, was charged with unlawful possession of marijuana;
• Mariah Hagen, 20, of Pratt Road, Batavia, was charged with unlawful possession of marijuana;
• Thomas Hill, 26, of Fayette Street, Brockport, was charged with two counts of criminal possession of a controlled substance 3rd degree (Class B felony), criminally using drug paraphrenalia 2nd degree (Class A misdemeanor) and unlawful possession of marijuana;
• David Riley Jr., 33, of Eugene Street, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 3rd degree (Class B felony) and two counts of criminal possession of a controlled substance 3rd degree (Class B felony);
• Lance Mercado, 25, of Holland Avenue, Batavia, was arrested on an indictment warrant charging two counts of criminal sale of a controlled substance 5th degree (Class D felony) and two counts of criminal possession of a controlled substance 5th degree (Class D felony);
• James Mitchell, 37, of Jackson Street, Batavia, was arrested on a bench warrant out of the City of Batavia Court for failure to pay fine;
• Liin-Noshujuan Gard, 25, of Batavia, was arrested on a Livingston County warrant.

All subjects are to appear in City Court/County Court for further proceedings at various dates and times.

Photo: By Howard Owens, taken the night of April 21 on Jackson Street.

Police Officer Chad Richards wasn't available two weeks ago when the City Council presented its annual awards, so last night he received his Employee of the Year award from Council President Eugene Jankowski.

May 10^th, 1864, Spotsylvania Court House: The Day A Man From Genesee County Made History

by Don Burkel (president, Holland Land Office Museum)

“I will carry those works” were the words spoken on May 10^th, 1864 by a 24-year-old West Point graduate from West Batavia. He was about to become the third youngest Union Brigadier General during the War of the Rebellion.

Colonel Emory Upton, whose Second Brigade in the First Division, Sixth Corps, Army of the Potomac, demonstrated great tactical skill at the Battle of Rappahannock Station in November, 1863, was selected to lead twelve hand picked regiments of the Sixth Corps to break the lines of Confederate General Doles’ Georgia brigade, known as Doles’ Salient.

It had been decided that a column formation, made up of four rows of three regiments, 4,500 troops, rather than the old linear form, would have greater success in penetrating Doles lines. At 6:10 p.m., young Upton leading on horseback, advanced his troops double quick over 150 yards of open field, and without firing a shot advanced over the Rebel rifle pits.

His veteran troops held the enemy’s works for little over one hour awaiting support from General Mott’s division, which never came. As dusk approached, and without any reserves, Confederate General Ewell’s corps repulsed Upton’s forces. Without support Emory had no choice but to order the withdrawal of his regiments. His casualties amounted to 1,000 dead and wounded. The young Colonel, was slightly wounded, and deeply upset about the lack of support did capture several colors, a battery and 1,200 prisoners.

Captain Kidder, whose 121^st New York Volunteers (Upton’s Regulars) participated in the attack said, “the men from the Green Mountain State think that there never was such a splendid man and officer as Colonel Upton.” Grant was also impressed by this young officer’s success, and ordered General Hancock’s Second Corps, of 20,000, to follow up with the same strategy on May 12^th to assault the apex of the Mule Shoe, known as the Bloody Angle.

There was no relief for Upton as his Second Brigade regiments were called upon to assist Hancocks’ troops by advancing to fill a gap in the heavy fighting at the Bloody Angle. Due to Emory’s bravery and tactical skill, General Grant recommended that Upton receive his promotion to Brigadier General because of his meritorious and gallant service at Spotsylvania Courthouse.

The dedicated and ambitious Emory Upton was promoted to Major General of Volunteers after commanding a cavalry division in 1865. He earned a reputation for his leadership and tactical skills at the battles of Rappahannock Station, Wilderness, Spotsylvania, Cold Harbor, Winchester, Selma and Columbus.

General Upton’s well-known book of tactics, military policy and ideas of reform would eventually change the structure and the efficiency of the army. We should honor this noble soldier from West Batavia for having changed the course of warfare. His place in history is duly noted in fields of Spotsylvania, Va., on May 10^th.

Be sure to visit the Holland Land Office Museum and view the Upton collection.

Two days ago, we told you about a riding mower that was reportedly stolen from a residence on Naramore Drive in Batavia.

The tractor is home safe and sound.

Liz Johnson said the mower appeared next to their shed today as mysteriously as it disappeared. No note, no knock on the door to explain things or to apologize for an apparent mix up.

She spoke with police and the theory is the removal of the mower was a case of mistaken address by a repair shop that was scheduled for maintenance. After the tractor was posted on The Batavian as stolen, the repair shop realized its mistake and quietly returned the mower.

Johnson said she's at least glad there is a happy ending to the story.

A Batavia man who was originally charged with rape for his attack on a woman on South Main Street, Batavia, has chosen a plea deal over the uncertainty of a trial, entering a guilty plea this morning in Genesee County Court to one count of assault in the second degree.

The plea comes with an agreed upon sentence of five years in state prison for Jason Armstrong Sr.

District Attorney Lawrence Friedman said after the plea that deals like this often benefit both the prosecution and the defense. For the prosecution, jury trials can be unpredictable, no matter how certain you are of the case against the defendant. For the defendant, the plea means a shorter jail term than would be the likely result if found guilty at trial of all charges.

"We can never predict what the outcome of a jury trial is going to be and both sides believe they receive some benefit from this," Friedman said.

Armstrong remains free on $100,000 or $200,000 bond.

Sentencing is set for 9:45 a.m., July 6.

Armstrong was indicted in January and accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Armstrong was also indicted on counts of assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address as the alleged rape.

On or about Dec. 22, Armstrong allegedly tried to strangle another person, leading to a charge of second-degree strangulation. That incident also led to a charge of assault, 2nd.

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

A five-car pileup is reported at 41 W. Main St. in the city. That's in front of Napa Auto Parts. City fire, police and Mercy medics are responding.

UPDATE 2:16 p.m.: There were four vehicles involved. All occupants were sign-offs, no injuries. A police officer at the scene said traffic starting backing up and someone slammed on their brakes, causing a chain reaction of rear-end collisions.

The Hearts & Flowers Fundraiser to help support the homeless animals at the Genesee County Animal Shelter is under way now through June 8.

For $20 you can buy a beautiful 10-inch hanging flower basket with your choice of: begonia, lobelia, petunias, New Guinea impatiens, fuschia or geraniums.

Buy tickets at the Genesee County Animal Shelter, located at 3841 W. Main Street Road, Batavia, then pick up your basket of posies at Delre's Greenhouse & Garden Center, located nearby at 4062 W. Main Street Road, Batavia.

The animal shelter is open during these hours:

• Monday -- 1 to 3 p.m.
• Tuesday -- 1 to 3 p.m.
• Wednesday 1 to 3 p.m. / and 7 to 9 p.m.
• Thursday -- CLOSED
• Friday -- 1 to 3 p.m.
• Saturday -- 11 a.m. to 1 p.m.
• Sunday -- 1 to 3 p.m.

Dakota Scott Pocock, 19, of Townline Road, Bergen, is charged with five counts of sexual misconduct following an investigation in the Village of Oakfield. The defendant allegedly had sexual intercourse with the victim without consent five times between August and December. He was issued an appearance ticket for Oakfield Town Court at 5 p.m. on May 16. The investigation was conducted by Sheriff's Deputy Kevin Forsyth and Investigator Bradley Mazur.

Duty E. Caswell, 24, of Hutchins Place, Batavia, was arrested for having a vicious dog. The arrest stems from an incident on March 7 wherein his dog, according to police, attacked two people and another dog. Caswell was issued an appearance ticket and released and is scheduled to appear in Batavia City Court at 10:30 a.m. on May 13. The case was investigated by Batavia Police Officer Stephen Cronmiller.

Devon Schulman, 20, of Liberty Street, Batavia, is charged with second-degree menacing and criminal possession of a weapon, 3rd. It is alleged that at 6:52 p.m. on May 5 Schulman displayed a knife to a subject at an apartment on Liberty Street and made comments that led the victim to believe Schulman intended to use the knife against the victim. Schulman was jailed without bail and was to be in City Court on May 6. The case was investigated by Batavia Police Officer Mitchell Cowen, assisted by Chad Richards.

Shawn C. Smith, 35, of East Main Street, Batavia, is charged with driving while intoxicated, aggravated unlicensed operation, first, and speeding. Smith was arrested at 6:24 p.m. on April 30 following a traffic stop on East Main Street, Batavia, and following arraignment was jailed without bail. He was to be in court May 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Shane Michael Green, 28, of Trapping Brook Road, Wellsville, is charged with driving while ability impaired by drugs and moving from lane unsafely. At 7:36 a.m. on May 6, Green was arrested on Batavia-Stafford Townline Road, Stafford, for allegedly driving while the ability to do so was impaired by drugs. The arrest was the result of a complaint for erratic operation of a motor vehicle. Green is to be in Town of Stafford Court on June 6. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Christopher Parker.

Ryan James Sundown, 35, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. He allegedly violated a complete stay away order of protection at 6 p.m. on April 25 on Council House Road. He was arraigned on the charged on May 5 in Alabama Town Court. The case was handled by Sheriff's Deputyt Kevin McCarthy, assisted by Deputy Kyle Krzemien.

A 17-year-old female who lives in Batavia was arrested at 4:06 p.m. on May 2 and charged with fourth-degree criminal mischief. She allegedly broke a window during an argument. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Arick Perkins.

Jany Girwath Jock, 20, of Batavia Stafford Townline Road, Batavia, is charged with identity theft, 3rd. The defendant was arrested following the investigation into the unlawful use of a credit card at 10:30 p.m. on May 3. Jock was issued an appearance ticket returnable to Batavia City Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Mary Finnegan, 68, of Lake Street, Le Roy, was arrested on May 7 and charged with one count of criminal trespass in the second degree, a Class A misdemeanor. Le Roy Village Police Department responded to a local apartment house after receiving a complaint of a subject on the property trespassing. Upon arrival Finnegan was allegedly located on the property after she had previously been advised she was no longer allowed on the property. Finnegan was taken into custody and charged accordingly. Finnegan is to appear in the Le Roy Town Court on May 19 to answer to the charge.

It's been six years since we visited the garden of Dennis Wood on West Main Street, Batavia, but the forget-me-nots seem especially impressive this year.

This video is from Christopher Weicher at Batavia High School. He said each year the same mallard duck returns to the school to lay her eggs in the courtyard, where's sheltered from predators. The problem arises after the ducklings hatch and have no way on their own to get out of the courtyard for food and water, so staff gently nudges the family toward the doors and the great outdoors.

Saturday, Amy Scott sent in these pictures of city firefighters saving ducklings from a storm drain.

The Michael Napoleone Foundation hosted its annual Derby Day Fundraiser at Terry Hills yesterday.

To purchase prints, click here.

The Johnsons, residents of Naramore Drive, Batavia, have reported to police the theft of their riding mower that looks like this one, a John Deere D100.

The mower was taken off its trailer and removed from a storage shed.

Those who have information to share should contact Batavia PD.

A 21-year-old Batavia man was ordered held on $50,000 bail today during his arraignment on charges stemming from an alleged robbery in January, just eight days before he was scheduled to be sentenced on an assault conviction.

The timing of the crime and the fact he was not yet identified as the suspect means that if he's convicted on the 12-count Grand Jury indictment, he can't be sentenced as a second felony offender, nor does the robbery constitute a violation of probation since he wasn't on probation yet.

Terrence D. Johnson is facing a possible violation charge, but not because of the alleged robbery.

Johnson was indicted on one count of robbery and 11 counts of grand larceny, 4th.  

Each of the eleven grand larceny counts stems from each of the credit or debit cards carried by the victim.

The robbery occurred in the area of 2 School St., Downtown Batavia.

Beyond the usual not-guilty plea, Johnson's attorney, Public Defender Jerry Ader, said there is some question as to whether Johnson was even in the area of School Street at the time the robbery was reported.

After court, District Attorney Lawrence Friedman, in answer to a question, said there is physical evidence linking Johnson to the crime.

Before the hearing, members of Johnson's family reached out to local media and said they would like to talk about Johnson, saying, "this is not who he really is," but after the hearing, Ader said he advised them not to grant interviews.

In November, Johnson entered a guilty plea to a gang assault charge for being part of a three-person assault on a person on Holland Avenue over the summer and was sentenced in January to six months in jail and five years probation.

The timing of the conviction, the second alleged crime without him being identified as a suspect, followed by his sentencing, means the original sentence stands and he can't be sentenced as a second felony offender. If he were considered a second felony offender, then the minimum range of a possible prison term would be longer. Either way, the maximum possible sentence is 25 years.

A violation of probation charge has not been brought against Johnson yet, but he allegedly left the county and violated curfew while on probation.

A dog is reportedly locked inside a white Kia in the parking lot in front of Aldi's on East Main Street, Batavia. The windows are shut. Law enforcement is responding.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for an application for assistance from Alpina Foods, Inc., at its May 5 board meeting.

Alpina Foods, Inc., will add 3,200 square feet to its existing facility in the Town of Batavia to accommodate space for a bottle-filling machine and packaging equipment for a new drinkable yogurt product.

The facility’s expansion will result in the creation of four new jobs and the retention of 23 current full-time employees. Based on the success of the product line and other growth opportunities there is the potential for the creation of additional new jobs at Alpina.

The company was approved for a sales tax exemption of $15,405 and a property tax exemption of $62,903. The project’s planned capital investment will total an estimated $1.1 million.

“It is exciting to see Alpina adding a new yogurt product to the marketplace that is being made right here in Genesee County,” said Christopher Suozzi, vice president of Business Development at the GCEDC.

“The Genesee Valley Agri-Business Park is an important community asset and continued investment and expansion there will only help us market the site to other food processing and food manufacturing companies.”