batavia

Plans continue to move forward for construction of the Ellicott Trail, a 4.6-mile, east-west pedestrian and bicycle path through the Town of Batavia and around and in the City, connecting parks and other points of interest.

Yesterday, the County's Public Service Committee recommended approval of an inter-municipal agreement between the Town and the County to construct the portion of the path through DeWitt Recreation Area, with a bridge over some wetlands.

The path will pass north of the lake and come out at Route 5 near the Tractor Supply store.

The bridge would be made of aluminum, said Highway Superintendent Tim Hens.

"We wanted to avoid pressure-treated timber because when it gets wet it gets slimy and slippery," Hens said.

The bridge cost is $85,000 plus $30,000 in in-kind county labor expense, which will assist the Town of Batavia in meeting matching funds requirements for grants.

The funds will come from capital reserves already set aside for improvements to the park.

"It's a pretty sharp bridge," Hens said.

The total Ellicott Trail project is expected to cost $1.7 million, and 80 percent of the cost will be covered by a state grant.

For prior coverage of the Ellicott Trail, click here.

A subject who is wanted in connection with possible criminal mischief complaint stemming from an argument is trying to evade deputies in the area of Wortendyke Road, Batavia.

He reportedly tried escaping on a dirt bike but now may be pushing the bike through the mud.

A State Police bloodhound K-9 has been dispatched to assist in the search.

Submitted photo and press release:

Eugene Jankowski Jr. finished in seventh place in Practical Division at the 3 Gun Nation Pennsylvania state 3 Gun championship held in York, Pa., April 29-30.

A total of 130 competitors from all over the region attended Pennsylvania's first 3 Gun Nation state championship. 3-Gun Nation arranges Regional and Club series matches across the nation and was formed to promote practical shooting as well as the guns, gear and lifestyle that define the high-octane sport of 3-gun competition.

Jankowski is sponsored locally by Metal Spinning Targets in Le Roy, Offhause Farms, and Pheasants on the Flats Shooting Range in Batavia. He is a retired City of Batavia police officer and currently president of the Batavia City Council.

Items are now being accepted at the Genesee County Animal Shelter for the Volunteers for Animals' big annual garage sale next month to benefit homeless pets.

NO CLOTHES OR TVs will be accepted! 

Drop off items at the shelter, located at 3841 W. Main Street Road, Batavia, during its hours of operation:

• Monday -- 1 to 3 p.m.
• Tuesday -- 1 to 3 p.m.
• Wednesday -- 1 to 3 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.

The garage sale will take place at The Storage Mall, located at 3566 W. Main Street Road, Batavia, from 9 a.m. to 4 p.m. on Thursday, Friday and Saturday, June 15-17.

All proceeds go to aid shelter animals.

"We're not suggesting she live in luxury," said Public Defender Jerry Ader. "We're only talking about a residence that is not her daughter's couch."

In an accounting of Heidi L. Schollard's expenses, Ader says she's paying her daughter $250 a month to help with rent, plus utilities and transportation costs (Schollard is working for a temp agency, but doesn't own a car, so her daughter provides transportation.). With all of Schollard's other expenses, she still has about $742 left over, but she is unable to save enough for first month's rent and security deposit. 

Ader said she is seeking not only a possible reduction in monthly restitution, but also at least a month's break from payments so she can save enough to move. 

County Court Judge Charles Zambito said he did have enough information and detail to make a determination on the request. The case was continued to give Ader time to gather more documentation. 

Zambito said Schollard was entitled to the court's consideration for reasonable restitution.

District Attorney Lawrence Friedman opposed any modification. He said the circumstances of Schollard's case hasn't changed since the day five years ago when then Judge Robert Noonan issued the $500-a-month order. 

The fact that Schollard has $742 left over each month might mean she can actually afford to pay more and paying restution shouldn't be easy, says Friedman.

"Considering the age of the victims in this case, she could pay double the current amount and still not make any substantial restution in their lifetimes," Friedman said.  

Friedman expressed concern that in a revised monthly budget, any speculation about her rent could lead to her saying she found an apartment she wanted at $700 a month. 

Ader said the revised affidavit would not contain any speculation. 

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by Noonan. 

Friedman said Schollard is already on shaky ground for alleged willful failure to pay restitution and could face a return to prison as things stand. Ader disputed that point, but said he would argue it, if necessary, at a future date. 

By this point, Schollard should have paid $1,500. She's paid $1,200.

(Inset is a file photo of Heidi L. Schollard.)

Press release:

Hackers for Helicopters, a fundraiser for Mercy Flight Inc., will be held on Monday, June 5 at Batavia Country Club, located at 7909 Batavia-Byron Road in Batavia.

Cost is $100 per golfer and includes:

-- 18 holes of golf with cart

-- Lunch and beverages

-- Dinner and a one-hour open bar

-- Commemorative gifts

-- Door prizes and more

Registration begins at 10:30 a.m. and the shotgun start is 11:45 a.m.

Cocktail hour begins at 5 p.m., followed by dinner and awards.

Mercy Flight Inc. is an independent, nonprofit 501 (c)(3) charitable organization that provides air and ground medical transportation for those in need.

For sponsorship information, please call (716) 626-5808 or visit www.mercyflight.org

Ahhhhh…the senior prom – the date was set, the theme selected, the venue secured, the attire had been picked out for months. And even though it appears that some couples will naturally go to the prom together, Kristy Mell decided she didn’t want to leave things to chance, she was going to ask him. But Kristy decided to ask him in a creative way.

Kristy and Bo White are both seniors at Attica High School, who attended their final prom Friday night. 

On April 6, Kristy and Bo, who, as they admit, are huge Taco Bell fans, were enjoying a meal at the Batavia restaurant when Kristy asked Bo to the prom. Before sitting down to eat their meal, Kristy told Bo she had forgotten something in the car. When he sat down, she went out to retrieve it. When she came back to their table, she was holding a sign that read:

Bo, you are HOT, so, lets TACO Bout Prom? Think outside the Bun. Ingredients: You & Me.

The local franchise group, Hospitality Syracuse Inc., that owns the Batavia Taco Bell was so impressed with their creativity and passion for Taco Bell that they rolled out the red carpet for Bo, Kristy and eight of their friends on prom night.

“For us to be included for the process is awesome,” said Dennis Beutel, Rochester market manager for Hospitality Restaurant Group. “It’s such a big occasion for teens, we are glad we can make it even more memorable. It’s a nice feel good story.”

So on May 12, Bo, Kristy and friends were picked up in a sleek white limousine, courtesy of Taco Bell, and driven to the Batavia restaurant. When the teens arrived, they were greeted by management from the franchise, but also walked a red carpet to the front door. 

The students all received a Taco Bell swag bag loaded with a Taco Bell T-shirt, beach ball, sunglasses, a $25 Taco Bell gift card and more. Additionally, they all enjoyed pre-prom appetizers, courtesy of the establishment, before being whisked off to their prom in Buffalo.

“We are grateful for Kristy and Bo’s passion and love for Taco Bell and are honored to be able to help them celebrate this special day,” said Steve Pinkerton, vice president/owner of Hospitality Syracuse.

According to Kristy’s mom, Kristen Kriger, the pair are always together and she just wanted to do something different.

“We are really surprised they did this,” Kristy said. 

“It’s really cool they did this,” Bo said. “It’s really rad. We’re super stoked.”

Voters will be asked tomorrow whether they support the 2017-18 Batavia City Schools budget, with a spending plan of $49,870,585.

That's an increase of 12.41 percent over last year, due entirely, school officials say, to a change to record debt service expenditures in the general fund as recommended by the comptroller's office.

Even so, local property owners will not be hit with an increase in school-related property taxes. The property tax levy isn't being increased at all.

This is the fourth straight year the district's tax levy is below the state's increase cap, so homeowners will be eligible for a state property tax rebate, sent directly to homeowners in the fall of 2017.

The budget represents a $10,859 per student in general education, $28,502 per Special Education student, or $19,241 per student on average. All three figures are below state averages, which are $11,949 and $30,667 and $22,536, respectively.

Of the district's total revenue, more than 52 percent comes from state and federal aid. The tax levy is 37.1 percent of total revenue. This budget calls for use of $2.7 million of fund balance (reserves).

Polls are open Tuesday, May 16, from 7 a.m. to 9 p.m. at Robert Morris (residents north of Route 5) and Batavia High School (residents south of Route 5).

Two 16-year-olds, one a resident of Jerico Road, Bergen, and the other a resident of Shady Lane, Batavia, are charged with criminal mischief, 3rd. The youths are accused of using a sledgehammer to damage a concrete picnic table and bench seats in Hickory Park, Bergen, causing more than $250 damage.

Brian Wayne Giambrone, 27, of Byron Holly Road, Byron, is charged with unlawful possession of marijuana. Giambrone was stopped at 11:42 p.m., Friday, on Route 237, Stafford, by Deputy Howard Wilson.

Ahmed Dhalfallah Alshami, 37, of Ludington Street, Buffalo, is charged with aggravated unlicensed operation, 2nd. Alshami was arrested on a warrant for alleged failure to appear on his case in Pembroke Town Court. He was jailed on $3,000 bail or $5,000 bond.

Tony Gene Marsh, 47, East Boston Road, Mamaroneck, is charged with unlawful possession of marijuana. Deputy Jeremy McClellan was dispatched Lewiston Road, Alabama, to check on a report of a suspicious vehicle in the lane way of a farm field. Marsh was allegedly found in possession of marijuana and smoking paraphernalia.

Stephanie Ann Bonin, 22, of Denio Street, Batavia, is charged with petit larceny. Bonin was arrested on a warrant for alleged violation of probation and jailed on $5,000 bail.

A caller has a pig cornered at 3600 Batavia-Oakfield Townline Road.

A deputy who has responded is going to check with neighbors to see who might have lost a pig.

UPDATE 9 p.m.: It sounds like the pig's owner has been located.

The 4H Swine Club held its annual pulled pork lunch sale at the Genesee County Fairgrounds today.

Whiskey 7, the World War II-era plane based in Livingston County, was practicing touch-and-gos at the Genesee County Airport this afternoon.

Previously: Photos: D-Day plane stops for fuel at Genesee County Airport

Thousands of people -- high school soccer players, coaches, officials, and parents -- are in Batavia this weekend for the Empire Cup, a soccer showcase that gives high school players from throughout the Northeast a chance to play against other top players and display their skills for college recruiters.  

In the parking lot were license plates from New Jersey, Pennsylvania, Maryland, Ontario, Canada, and, of course, New York.

Players were at both the Batavia Sports Park on State Street Road and at Genesee Community College.

The event brings an estimated $500,000 into the local economy. The Empire Cup is supposed to go for two weeks, but the boys' event was rained out last weekend.

Area volunteer firefighters and staff from Emergency Services were at Kiwanis Park in Batavia this morning to learn about setting up a system of booms over water that would be deployed in the case of an oil spill.

The idea is, say, a tanker overturns and accidentally dumps its cargo and it flows into the Tonawanda Creek, which could cause significant environmental damage, including damage to farm fields.

The booms would float on the top of the water and divert the water into an outlet where it could be collected for proper disposal.

The boom system is deployed with a rope gun and consists of booms that are each 50-feet long and can be locked together.

The instructor was David Sweeny, of Gallagher Marine.

Daniel Lee Green, 47, of Randall Road, Le Roy, is charged with second-degree unlawful surveillance, a felony. He is accused of installing "an imaging device in a location where there was a resonable expectation of privacy." The incident time and date was 4 p.m. on April 25 in the Town of Le Roy. No other details were provided in the report. The investigating officer was Genesee County Sheriff's Youth Officer John Dehm. Green was arraigned in Town of Le Roy Court.

Darrell D. Smith, 50, of Bank Street, Batavia, is charged with: first-degree coercion; first-degree unlawful imprisonment; second-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; fourth-degree unlawful possession of a weapon; and criminal tampering. Smith was arrested at 3:43 a.m. on May 6 following a disturbance at 7 Hutchins St., upper. Smith was jailed without bail and was due to reappear in City Court later on May 6. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Joseph Bailey James, 36, of Highland Park, Batavia, is charged with: second-degree assault; third-degree criminal mischief; fourth-degree criminal mischief; resisting arrest; and second-degree harassment. James was arrested at 2:55 a.m. on May 7 at 34 Columbia Ave., Batavia. He was jailed without bail and was due in City Court May 8. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Peter Flanagan.

Matthew Robert Reiner, 29, of Pearl Street, Batavia, is charged with: aggravated DWI -- a BAC of .18 percent or more; DWI, first offense; unreasonable speed through a yield sign; failure to yield right of way at a yield sign; and moving from lane unsafely. Reiner was arrested at 12:37 a.m. on May 12 on Route 98 in Elba after a one-car accident. He was issued appearance tickets for Town of Elba Court on June 14 and released after processing. The case was handled by Genesee County Deputy Howard Wilson, assisted by Deputy Howard Carlson.

Mary K. Shaffer, 38, of State Street, Batavia, is charged with second-degree harassment. She was arrested at 7:09 p.m. on May 5 at 107 State St. after a domestic incident wherein Shaffer is accused of hitting another person in the face. She is due in City Court May 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Matthew H. DeLosh, 26, of South Swan Street, Batavia, is charged with: aggravated unlicensed operator -- under the influence of alcohol; DWI -- first offense; and DWI -- with a BAC greater than .08 percent. DeLosh was arrested at 10:54 a.m. on May 8 on Ellicott Street following a traffic stop. Upon further investigation, it was learned that his driving privilege was previously suspended for a prior alcohol-related offense. He was released under supervision of Genesee Justice and is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Office Jamie Givens.

Deborah S. Rodriguez, 49, of Farnsworth Avenue, Oakfield, is charged with criminally using drug paraphernalia, 2nd, a Class A misdemeanor, and aggravated unlicensed operation, 3rd, a misdemeanor. The defendant was arrested May 11 by the county Local Drug Enforcement Task Force in the afternoon following a traffic stop on Holland Avenue in the City of Batavia. She was alllegedly found in possession of drug paraphernalia and to be operating a motor vehicle with a suspended driver's license. She was issued appearance tickets returnable to City Court on May 23.

Thomas A. Gilliatt, 51, of State Street, Batavia, is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor. The defendant was arrested May 10 by the county Local Drug Enforcement Task Force, which was conducting a surveillance in the School Street municipal parking lot in Downtown Batavia when members allegedly witnessed what appeared to be a drug transaction. The task force conducted an investigation and allegedly found Gilliat in possession of a quantity of hydrocodone pills. He was arrested and issued an appearance ticket for City Court May 16.

James R. Smahol, 31, of Coronado Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic needle. He was stopped at 7:05 p.m. on May 11 on Genesee Street in Pembroke following a traffic complaint. Smahol was allegedly found in possession of three packages of Suboxin without a prescription, plus several baggies of suspected heroin, and three hypodermic needles. He was released on an appearance ticket for Town of Pembroke Court on June 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Lonnie Nati.

Danielle M. Rozell, 35, of West Main Street, Batavia, is charged with two counts of DWI. She was arrested at 2:05 a.m. on May 7 following a report of a possibly intoxicated female operating a vehicle at a gas station. She was issued appearance tickets and is due in City Court on May 24. The case was handled by Batavia Police Officer Felicia GeGroot, assisted by Officer Eric Bolles.

Corey Green, 22, of Smith Street, Warwick, R.I., and three others whose ages and residences were not provided -- Sean A. Goncalves, Bala G. Belmiro and Fernando Campos Roldan -- are all charged with soliciting without a permit. On May 5 at about 10:30 a.m., Batavia Police officers Frank Klimjack and Kevin DeFelice responded to the area of 400 E. Main St. for the report of subjects soliciting for cellular service, according to the police report. During the investigation, it was discovered that the employees did not have permits issued by the City of Batavia Clerk's Office. They were arraigned in City Court where they each pled guilty and were fined $150. They were released after paying their fines. 

Mathew John Heimbrecht, 28, of Delaware Avenue, Buffalo, is charged with resisting arrest, trespass, and unlawful possession of marijuana. He was arrested  May 9 on a bench warrant for charges issued on April 6 on Park Road in Batavia. He was arraigned in Town of Darien Court and put in Genesee County Jail in lieu of $750 cash or $1,500 bond. He is due in court May 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by a sargeant.

Jared D. Elliott, 19, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was stopped at 12:32 a.m. on East Main Street in Batavia and allegedly found to possess marijuana. He was issued an appearance ticket for May 23 in City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Ivison.

Justin W. Bird, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bird was arrested on West Main Street in Batavia at 7:05 p.m. on May 7 following an investigation into a complaint and he was allegedly found to possess marijuana. He was issued an appearance ticket for City Court on May 16, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Amar S.M. Zainelabdin, 29, no permanent address, is charged with failure to appear on an appearance ticket. Zainelabdin was located by the Erie County Sheriff's Office and turned over to BPD on a City Court arrest warrant. The defendant is scheduled to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.