batavia

Well-informed, polite, and a wonderful person with her own style.

That’s how City Councilwoman Patti Pacino’s colleagues described the Second Ward representative. Pacino announced Monday evening that she would be stepping down from her position due to health-related issues. After 13 years taking a seat in Council Chambers as one of nine elected city leaders, she will miss it and will be missed, her colleagues said.

“I’m already missing it,” she said after council’s meeting at City Hall.

Pacino explained that, in addition to her medical condition the last several months — a bilateral ear infection that resulted in a December brain surgery and difficulty with walking and hearing — “I’m very tired,” she said. Her family has been helping to transport her to and from places, and she made the decision that it’s too much to continue.

Good news includes her regained memory, vocabulary and ability to use a fork and a pen. Hearing aids should help to replace part of her hearing, and she’s working on being able to walk again.

She read a prepared statement at the beginning of the meeting that read, in part:

"In light of these changes, I have sadly decided to stop early on my council work. Tonight will be my last meeting as a City Council member. I’m sure I will still visit meetings to share my opinions, just behind a different microphone,” she said.  “I wanted time tonight to offer my sincere thanks to all the city policemen, firemen, departments, the city manager and staff at City Hall, all the Batavia citizens who have shared questions and suggestions, and most of all to all the dedicated people who have sat in these nine council seats during the past 13 years sharing hours of reading, studying, discussing, and agreeing to work overlooking the management of the City of Batavia.

“This has been one of the most wonderful experiences of my life,” she said. “My great thank you to all.”

Pacino has jumped on board no matter the topic, whether it’s the deer on Ross Street, an old police station, or a picnic in the park. She hasn’t been afraid to speak her mind, but not in a flashy or ignorant way.

City Council President Eugene Jankowski Jr. commended Pacino for being so well-informed. She reads everything, he said.

“And she knows what she's talking about when she makes comments. And so I have a lot of respect for her because of that,” he said to The Batavian. “She's well educated, and does her research. And that's one of the important things, I think, of being on council, to make sure you understand both sides of the situation. And she has been very, very good in that respect. I liked her comments, and she usually contributes some good information. So she's going to be sorely missed.”

Pacino was great to work with and knew how to interact professionally during meetings, Councilman Bob Bialkowski said.

“I can only wish her good luck. And I think she knows what she needs to do. She knows what’s best. She’ll be missed on council, that’s for sure,” Bialkowski said. “I mean, working with her, it's always been a pleasure, it's always been polite, polite exchanges. She helped me one year on the parades.”

Councilwoman Kathy Briggs agreed. “It has been an absolute pleasure working with Patti,” she said.

“I enjoyed discussing City issues with her and getting her opinions,” Briggs said. “I’m going to miss her, but she won't be forgotten. I will still contact her and talk about everything.”

Sixth Ward  Councilwoman Tammy Schmidt has known Pacino for decades. From her large-framed glasses to a comical moment after a council meeting, Schmidt has fond memories of Pacino, a well-known community advocate.

“I have known Patti since high school.  She worked there when I was in school.  I also thought she was a wonderful person with her own style and her signature eyeglasses.  I did not recognize her without them!  I have only worked on council with her 15 months, but I believe her heart was in her work no matter what the job was,” Schmidt said.  “My most recent memory is when she got locked behind the gate with John Canale after a meeting, and nobody knew how to set them free.   I have a nice photo to look back on.  Patti will be missed and I hope she will be replaced with a person who has a love for this city and a passion for the job and our citizens.”

Councilman Richard Richmond, chair of the City Republican Committee, said that the committee had already pegged David Twichell to run for the Second Ward seat when Pacino had indicated that she wasn’t going to run for re-election in November. So the plan is to temporarily fill her seat with Twichell until he runs for a term in November, Richmond said.

Twichell is president of the city’s Youth Board.

Top Photo of Patti Pacino during Monday's council meeting at City Hall, by Joanne Beck; her official city photo; and above, a file photo from 2010 when she was sworn in the day after she misunderstood the time of the official swearing in ceremony, by Howard Owens.

Beachy Cabinet Makers Wild won the Batavia Mens Hockey League Championship at the David M. McCarthy Memorial Ice Arena on Sunday, defeating the Kelly Holland Inn NorthStars, 5-4 in overtime.

Shawn Beachy scored the first goal in the opening period.  Wild led 1-0 after 1.

The Stars tied the game with 4:51 left in the second period on a goal by Nick Bush.

Two minutes later, Ken Beachy scored to give the Wild back the lead 2-1.  A couple of goals were disallowed by the Wild in the next two minutes.  Twenty-one seconds before the end of the second period, the Wild scored again to increase the margin, 3-1 on a goal by Shawn Beachy, assisted by Ryan DiFilippo, who had two assists in the game.

After a Zamboni clean, the Wild carried the momentum from the locker room to score a goal by Jason Harasimowicz and gave the Wild a commanding 4-1 lead.

However, the Stars did not give up, seven minutes left in the third period,  Mason Versage scored two goals within a minute apart, including one on the power-play to cut the lead to one.

Then minutes later, at 4:14 left, the Stars' James Kujowski tied the game on a loose puck in front of net-minder John Bermel for the Wild.

The game went to a ten-minute sudden death overtime after a 4-4 tie.

Both teams had opportunities to end the game, and play got scrappy and challenging.  With four minutes left in the overtime, Wild caught a roughing penalty. Stars were on a 5 to 4 power play opportunity. 

Jason Harasimowicz from the Wild said “I stepped up to the faceoff circle, was aggressive and wanted to see where it goes.  I am just going to start picking up speed and hope I can get the puck in their zone.  I came down the right side, took the shot in the corner and scored. I have scored on the goalie like that during the regular season.  So, if I score, I score.  I know I have done it before and hoped it would get in the net. It did and could not believe it."

Harasimowicz scored the game winning goal short-handed with 3:35 left in the overtime to give the Beachy Cabinetmakers Wild the men’s league title.  Harasimowicz was named MVP.

To view or purchase photos, click here.

Photos by Steve Ognibene

Jason Harasimowicz named MVP

Beachy Cabinet Makers Wild 2023 Mens Hockey Champions

Three Beachy family generations, photo left to right Ken, grandson Sawyer, son Shawn

Multiple small power outages are reported in Genesee County, and two affect at least 600 National Grid customers each.

A power outage throughout most of Bethany stretches from Route 20 to the City of Batavia and another within city limits is in the southeast corner of the city.

On the first one, National Grid expects to restore power by 1:30 a.m.  On the second, in the city of Batavia, the ETA for power restoration is 3 a.m.

Press release:

Families in the Batavia area are invited to attend the annual Kiwanis Club of Batavia Easter Egg Hunt on Saturday, April 8 at 9 AM sharp.  The event will take place at Centennial Park with three age categories: birth-3, 4-7 and 8-10.  Along with the thousands of eggs hiding in the park, there will be nine golden eggs.  The nine lucky children who discover the golden eggs will be able to exchange them for a chocolate bunny from Oliver’s Candies.

There will also be one golden egg hidden each day in Centennial Park beginning on Saturday, April 1 through Thursday, April 6.  The golden eggs will be hidden at different times each day to allow for families with different schedules to search and have an equal chance of finding them. The golden eggs are restricted to kids age 12 and under, although older siblings and family members can help search!  The winning golden eggs must be turned in at the Easter Egg Hunt on April 8th to receive an Oliver's Candies chocolate bunny.

The club is asking those who find golden eggs prior to the Easter Egg Hunt, please send pictures to the Kiwanis Club of Batavia Facebook page at facebook.com/kiwanisclubofbatavia.

Kiwanis Club of Batavia is proud to offer fun, healthy family activities that serve children in our community.  For more information, visit the club’s Facebook page or their website at www.bataviakiwanis.org.  The club meets the 2nd and 4th Thursday at 12:10 at Batavia’s Original Pizza and welcomes new members.

AWESOME PRICE DROP! Start with this one!! If you want one floor living in awesome setting then this solid ranch checks all the boxes! Hillside location has scenic views from all windows! Set back from road you can look out front across to see Horseshoe Lake and out back to a gorgeous wooded backdrop-best of all worlds! Home features 3 large bedrooms -master bedroom with full bath-as well as a second full bath and roomy guest bedrooms. Large living room and unique split kitchen/dining room or cozy secondary family gathering spot with wood stove looking out sliding glass door to back yard! Truly the gathering spot of this home it makes you want to stay and watch the seasons change! There is large pantry style closet for all your kitchen supplies as well as a great utility/laundry room for all the other necessities! This room also has direct access to covered carport for easy in and out for unloading the cars! Also there is enclosed front entryway, extra large foyer, and xtra wide hallway. This home packs a lot in! This owner did all the right things through out the years maintenance wise, all that is needed is for the next person to make it their own! Don't underestimate all the possibilities here-this is a FOREVER HOME!! Click here for more information on this listing.

A U.S. District Judge this week confirmed a prior recommendation by a federal magistrate to dismiss an alleged conspiracy lawsuit against Medal of Honor recipient David Bellavia by his former wife, Deanna King.

Bellavia is a former Batavia resident, and King, a media personality and broadcaster in Rochester, currently resides in Batavia.

The suit stemmed from King's arrest on Jan. 27, 2021, in Orleans County, by a District Attorney investigator, Corey Black, on a harassment charge.  In the lawsuit drafted by King's attorney, Nate McMurray, King alleged Black and Bellavia engaged in a conspiracy to have her arrested without probable cause as part of an effort to intimidate her during divorce proceedings.

District Judge John L. Sinatra, in affirming the recommendation of Magistrate Judge Jeremiah J. McCarthy, said that a complaint and an amended complaint filed by McMurray failed to prove a conspiracy.

"Moreover, the alleged conspiracy (in both versions of the complaint) lacks the requisite plausibility to survive a Rule 12(b)(6) motion, namely, in its reliance on factually-bare speculation about a supposed improper agreement based solely on a pre-existing relationship between Defendant Black and David Bellavia," Sinatra wrote in his ruling.

In the complaint written by McMurray, King alleges that Black and Bellavia are lifelong friends and share a political affiliation but does not offer any evidence that the two men concocted a scheme to have King arrested.

McMurray argued that Black falsely portrayed himself as a law enforcement officer and arrested King without probable cause.

In his motions objecting to McCarthy's dismissal recommendation, he provided the accusatory document filed in conjunction with King's arrest.  He argued under the language of the harassment statute, part of the definition of harassment is communication for "no legitimate purpose."   McMurray said King contacted Bellavia about obtaining a health insurance card for one of their children.

Concern for the health of their children during the pandemic, McMurray argued, was a legitimate reason for King to contact Bellavia.

The accusatory, apparently written by Black, states that King has been previously instructed not to contact Bellavia by telephone and that King used the phone of her son to call Bellavia "for the sole purpose of harassing and annoying him.  That said defendant stating (sic) her displeasure for (sic) an insurance card issue and stating (sic), 'I don't care where you are or if you're with your girlfriend.' All contrary to the provisions of the statute."

Except for any potential appeals, Sinatra's ruling removes Bellavia from the case. He is no longer a defendant in the suit. The other defendants in the case, alleged to have violated King's civil rights, are Orleans County, the Orleans County Sheriff's Office, the Orleans District Attorney's Office, Corey Black, and Deputy John Doe.

None of the other defendants have so far filed any motions in the case.

McMurray, an Erie County resident, campaigned unsuccessfully three times for a congressional seat that contained Genesee County.

Press release:

Genesee Community College is pleased to announce that Benjamin J. Bonarigo Sr., Esq. will be the 55th commencement speaker for the college's graduating class of 2023. Mr. Bonarigo, a former trustee of GCC and a first-generation college graduate, will share his experiences and insights with the graduates during the ceremony which will take place on May 20 at 1 p.m. in the Richard C. Call Arena.

Born and raised in Batavia, Ben Bonarigo graduated from Batavia High School in 1975. He attained an Associate of Science Degree in Business from Genesee Community College (1977), a Bachelor of Science degree in Business Management from the State University of New York at Buffalo (1979), and his Juris Doctorate from the State University of New York at Buffalo (1982).

After passing the bar exam, he returned to his hometown and was the founding and managing partner of the Bonarigo & McCutcheon Law Firm, where he practiced law for 40 years and held various positions, including the attorney for the City and Towns of Batavia and the Village of Oakfield.

Ben was deeply involved in the betterment of his profession as President of the Genesee County Bar Association, a delegate to the N.Y.S Bar Association, a member of the Attorney Grievance Committee that governed the ethical behavior of attorneys, and a member of the Judicial Qualification Commission that screened and gave ratings to prospective judges.

Ben was an active member of his local community, serving on the boards of many civic organizations, including Notre Dame High School, Paulo Busti Cultural Foundation, Literacy Volunteers, Batavia Youth Football and the Holland Land Office Museum. He also coached little league baseball and football.

From 2011 to 2020, Ben served as a member of the Board of Trustees at GCC, where he was instrumental in the Capital campaign that raised over $5M that helped fund the college's Student Success Center, Richard C. Call Arena and numerous scholarships. He also advocated for a multi-phase renovation plan to College Village, GCC's apartment-style student residence.

Having retired from practice in 2020, Mr. Bonarigo resides in Batavia and Rushford Lake, NY and in Palm Harbor, Florida. He enjoys spending time with his wife of forty years, Diane, his three children and their spouses, and most of all, with his five grandchildren.

"I am honored to be speaking at Genesee Community College's commencement ceremony and to share my experiences with the graduating class of 2023," said Mr. Bonarigo. "I am proud of what the college has accomplished over the years, and I look forward to seeing the impact that these graduates will have in the future."

GCC President Dr. James M. Sunser stated, "We are thrilled to have Mr. Bonarigo as our 55th commencement speaker. His commitment to education and his contributions to GCC and the community make him an ideal choice for this special occasion."

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

City school taxes are expected to go up again this year.

School officials and board members seemed relieved that the increase was brought down from over 3 percent to a 1 percent increase, but it still potentially means an extra $22 a year in property taxes on a home assessed at $125,000.

The Batavia school board approved the proposed 2023-24 budget of $58.9 million with a tax levy of $19,888,991 during its meeting earlier this week. That levy is below the tax cap limit, and the budget is $4.1 million more than the 2022-23 budget, or 7.6 percent.

The Batavian asked Superintendent Jason Smith why the district has an increase at all, given nearly $4 million of additional revenues and recouping state Foundation aid after its absence the last couple of years.

“For context, our allowable tax cap is 8.42 percent, and the preliminary budget presented last week had just over a 3 percent levy increase.  Based on board feedback, the proposed levy has now been reduced to just over 1 percent.  There were a few factors driving this decision.  First, this budget calls for the addition of three school buses from our transportation contractor, which, if drivers can be hired, will reduce the time for our students (to be) on buses, which has been a source of community and family concerns and one which we have listened to,” Smith said.  “Second, our transportation contract will not be renewed at the end of next year, which means the entire contract is up for renewal and is subject to price increases.  We also fully expect the state mandate of electric buses and the related costs with this requirement to be passed down to districts by our future transportation contractor, further increasing costs. The district needs to plan carefully both now and for the future for these increased costs.”

“Additionally, we expect our tax cap for the 2024-25 budget to be negative, which would yield a tax decrease and reduced revenue, and the board and I are not interested in asking our voters to override the tax cap, which would require a 60 percent approval of voters, as opposed to a simple majority,” he said. “Seeking a just over 1 percent levy increase for the 23-24 budget will provide revenue for both the current and future needs of the district.

During this week’s board meeting, Rozanski brought up the option of leaving one or more of the six buses in the budget or removing them. He cut out three to show the cost savings and explained their need to the district. They would be helpful to alleviate some overcrowding on the current buses and, as Smith said, reduce the amount of time that students are on buses to and from school.

Board member Jennifer Lendvay questioned the validity of buying the buses if there aren’t drivers available for them, as Rozanski also indicated. As with employee shortages elsewhere, drivers have been difficult to find as well, he said. There were six buses in the initial budget, and three have been cut out for a reduction of $281,268.

The group ended up voting to accept the budget, which will be presented during a public hearing at 6 p.m. May 8 in the Superintendent’s Conference Room at BHS, 260 State St., Batavia.  District residents will then be able to vote on the budget, three propositions, and two board candidate seats up for election from 11 a.m. to 9 p.m. May 16 at your designated polling site.

A 1 percent tax levy increase was made by cutting $427,746 from the preliminary levy of $20,316,737 through attrition of not replacing four retirements (saving $209,478) and the reduction of three bus purchases, for a total levy of $19,888,991.

Personnel expenses are to increase by $736,084 from last year to $20,845,750, and teacher support is to increase by $587,644 to $7,049,255. According to 2022 data, the average teacher salary is $61,263, plus benefits.

Total contractual costs (general support and teaching, operations/maintenance, interscholastic athletic) are slated to increase by $1 million, for a total of 5,481,864; debt service payments are going up by $781,547; and Rozanski also put 8 percent inflationary costs on the hook for overall increases. Total salaries for the district for 2023-24 are $27,894,975.

“So these 8 percent numbers are big numbers, but they’ve been pretty consistent,” he said. “We also had three to six STA extra buses in the first draft of the budget, to go back to pre-COVID levels where Jackson buses were just servicing Jackson students, and John Kennedy buses, John Kennedy students, all contingent upon their drivers being available. We’re still in trouble, we still struggle to find drivers, not only with STA but our other contractors. So this is an area that was looked at as a possible reduction. So we took out three buses and what's presented tonight, buses and monitors, each cost about $70-some thousand.”

The third proposition of the May vote is to establish a capital improvement reserve fund for the purpose of financing in whole or in part the “acquisition, construction, reconstruction, expansion, renovation, alteration, and improvement of building, facilities, sites and real property” by the district for not greater than $10 million.

“This budget also addresses smart and conservative financial planning for future capital construction and maintenance needs for all of our buildings, Smith said. “Finally, and most importantly, this budget preserves our academic and extra-curricular programs.”

File photo of Student Transportation of America, the bus company serving Batavia City School District, by Howard Owens.

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A two-car accident is reported at North Street and Bank Street, Batavia.

A police officer, first on scene, reports all occupants out of the vehicles and walking.

City Fire and Mercy EMS dispatched.

UPDATE 2:38 p.m.: No injuries.

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

Seven months after approving the acquisition of property between Tonawanda Creek and Evans Street, Batavia Development Corporation received the word it hoped for: yes.

A somewhat unusual sale, this one involved the Town of Batavia, which owned the 4.26-acre parcel tucked behind and alongside the McCarthy ice arena.

Batavia Town Board approved the sale of land this week, and agreed to sell it to BDC for $1. It falls under the name Creek Park LLC, which is a subdivision of BDC, and will be marketed for land development. That is, after the  unknowns are known, she said.

“First step after closing is to initiate the Phase II sampling, which is necessary for determining if there is a presence of any pollutants,” Hathaway said Wednesday. “Once results of the sampling are received, the BDC will have a pathway to whether the parcel is to be marketed as a Greenfield or a Brownfield; each offering different developer incentives.”

An example is Savarino Companies, which went through Creek Park LLC for its Ellicott Station housing project. BDC worked to get that project into a Brownfield development, which is identified as potentially needing remediation to remove toxic materials, and also comes with financial incentives for doing so.

As for the town property, the BDC has not yet closed on it.

“The conveyance was approved by the Town of Batavia and is currently in the Permissive Referendum period,” she said. “This period will expire on April 18; an anticipated closing is to follow as soon as can be scheduled.”

BDC uses the city of Batavia’s planning initiatives “as our roadmap,” Hathaway said, and one is the Brownfield Opportunity Area (BOA) study and program. Since the Creek Park area is vacant and underutilized, she said, the BOA has identified it as a “prime area” for redevelopment.

“The BOA program focuses on adaptive re-use of a site through environmental assessments, followed by clean-up efforts should the parcel be determined a Brownfield,” she said. “The Creek Park acquisition follows the mission of the BDC to encourage reuse of underutilized real estate.”

BDC voted to pursue purchasing the town property in August 2022.

Map provided by BDC.

When it comes to springtime fun in Batavia, everyone seems to be, ahem, hopping on board.

Batavia First Presbyterian Church recently announced its annual Easter egg hunt, brunch and visit from the Easter bunny beginning at 11 a.m. April 1 at 300 East Main St., Batavia.

And then, the church, led by Rev. Roula Alkhouri, and organizers of the Batavia Development Corporation Indoor Market, led by Director Tammy Hathaway, partnered to double the fun.

The market will be open with assorted vendors inside the City Centre concourse, plus there will be family-friendly activities such as face painting, a coloring contest, multiple games, and a bounce house.

The Easter Bunny is planning to look dapper and have pictures taken with visiting families, and perhaps also play some games. Easter Bunny fun begins at 11 a.m. at both venues and ends at 12:30 p.m.

Both sites will offer a passport for children to find specific Easter Bunny helpers to obtain stamps on their passports. Each stamp will earn the child an entry ticket for a chance to win an Adam Miller Toy and Bicycle shop gift certificate, Hathaway said.

Vendors are collaborating on a basket to raffle off during the event, and tickets and more details will be available that day at the market information table.

Pat Burk of Batavia Players, whose home theater is at City Centre, jumped on board as well. He said that he invited the Boy Scouts to participate and conduct their candy sale, and “I think we are doing popcorn and something else that day as well,” Burk said.

Add in some enthusiastic shoppers and energetic kids, and it’s “a recipe for a fantastically fun Saturday,” Hathaway said.

The indoor market’s hours are 10:30 a.m. to 1 p.m. at the downtown Batavia City Centre. 

File photo of the Easter Bunny during a past visit to Main Street, Batavia. 

You live and work and hope to be healthy enough to remain at home in those disputable golden years.

Yet, it far too often becomes a conundrum of finances if you’re not. How do you afford to hire a home health aide, and if you can, will there be one available?

New York State reportedly has the largest shortage of these aides in the country, and there’s been an ongoing battle of wages that’s not likely to go away. Yes, Gov. Kathy Hochul granted a much-needed $3 increase in last year’s budget in an effort to catch up with the flagging workers’ wages from a few stagnant years.

And in this year’s budget, advocates and agencies are rearing the bullhorns once again to appeal Hochul’s proposal to eventually prevent home health aides’ wages from ever exceeding a maximum, thereby remaining as a bottom minimum wage earner.

Hochul’s budget plan calls for the minimum wage, which is currently $14.20, to be indexed to inflation and capped at 3 percent annually. Home care advocates argue if the minimum wage reaches $18, direct care jobs would once again become low-wage positions and make it difficult for the state to attract new workers to the field. 

Issued from the New York Caring Majority: “As New York’s population ages and the home care worker shortage grows, Governor Hochul is throwing gasoline on a fire” the organization said in a statement. “This budget will ensure the state’s home care shortage will only deepen in the years to come.”

While that’s an umbrella agency for the state, the issue is not any less crucial right here in Genesee County. Office for the Aging Director Diana Fox has said previously that low wages and the demands of the job have meant waiting lists for her agency’s clients.

Home care workers perform a variety of tasks, including personal care such as bathing, assisting with toileting, dressing, food prep, some housekeeping, and maybe errands, it depends on the person’s needs, Fox said.

Those needs are only growing, she said.

“Fair pay for home care workers is a very important issue as the amount that workers currently make is not fair considering the responsibilities that they have and the vulnerable population they are assisting,” Fox said to The Batavian. “Locally, statewide and nationally, there are not enough home care workers to cover the demand. The Genesee County Office for the Aging provides casework staff that do assessments for people that utilize our services to determine if someone is eligible for such assistance, and we have a waitlist for home health workers.

“Given that, our aging population is continuing to increase. I don’t see the need likely to go down. I think that it takes special, committed people to do this kind of work, and while wages alone may not draw people to the field, it is important for people to have a livable wage and to be compensated in a way that supports them to stay in the field.”

And there’s the conundrum: A growing older population in need of care and the need for a larger workforce to care for them. A group of older adults visited Albany on Monday to deliver more than 8,000 letters demanding that the House and Senate reject the governor’s proposed budget and instead move to raise home care wages.

There was not a local contingent in Albany, but OFA has signed on to be part of advocacy efforts, Fox said. So there’s an avenue to help support the cause for aging.

There is also the other end of having to pay for workers, which becomes an issue of having enough personal savings or using insurance, if anything will even cover this need (many will not). And then build a network to find workers because they won’t just be waiting for you. This is not something to be left for those golden years, as decisions only become harder.

Often it will take a crisis to force the decision, and being proactive is really the better way to go. This reporter knows all about it, and the situation can be sad, scary, confusing, and even maddening at times. Prepare. Research. Get answers. Have a plan.

There are programs and resources available at OFA, YMCA GLOW, Richmond Memorial Library, AARP, Alzheimer’s Association, and your medical practitioner for maintaining one’s mental, financial and physical health.

For more information from OFA, call 585-343-1611.

File Photo of a senior home visit program through Genesee County OFA.

Anthony Armstrong

A suspect in a five-hour standoff at 46 Walnut St., Batavia, on Monday night,  is accused of taking a hostage and wielding a knife while barricading himself in an apartment he didn't live in.

Anthony Armstrong Jr., 34, of Rochester, is charged with burglary in the first degree, a Class B felony, unlawful imprisonment in the first degree, a Class E felony, criminal possession of a weapon in the third degree (a prior conviction) a Class D felony, menacing in the second degree, a Class A misdemeanor, and three counts of criminal mischief in the fourth degree, a Class A misdemeanor.

The incident began at 5:08 p.m. with a hang-up 9-1-1 call.

When officers arrived at the location of the call, they learned Armstrong and a tenant in the complex were arguing and the tenant wanted Armstrong removed. While officers were interviewing the caller, Armstrong entered another apartment without permission of the resident and barricaded himself inside, holding the resident against the person's will. 

Armstong is accused of being armed with a knife. He reportedly made threats to harm himself and placed the victim in fear.

While inside, he allegedly damaged property and refused to allow the victim to call for help.

The Emergency Response Team and Crisis Negotiations Team were dispatched, and Sheriff's deputies responded to assist.

The New York State Police assisted, and the SWAT unit from Monroe County was requested to the scene.

An ERT member began making regular announcements over the unit's loudspeaker system, informing the suspect that he was under arrest and needed to exit the building with his hands in the air.

The victim managed to escape the apartment through an upstairs window and was helped to safety by officers.

Shortly after 10 p.m., officers were able to enter the apartment and take Armstrong into custody.

Armstrong was taken to a Mercy EMS ambulance and transported to UMMC for evaluation.  He was then taken into police custody and arraigned in City Court. He was ordered held in the Genesee County Jail.

A statement from police reads, "The City of Batavia Police Department wishes to thank the Genesee County Sheriff's Office, Genesee County 911 Center, Mercy EMS, City of Batavia Fire Department, Monroe County Sheriff's Office, New York State Police, Genesee County Office of Emergency Management and Genesee County Mental Health for their assistance in helping to bring this situation to a safe resolution."

Previously: ER Team on site issuing an arrest to person inside Batavia residence

An Emergency Response Team is on-site at a residence on Walnut Street in Batavia and has issued repeated warnings to an occupant that "you are under arrest."

"Exit the residence immediately," a member of the team said through a public address system around 8:40 p.m. Monday. 

The occupant cannot be seen inside the property.

Law Street and the roundabout are closed to traffic. 

UPDATE 10:26 p.m.: Press Release

Currently the City of Batavia  Police Department, along with other law enforcement agencies, are investigating an incident on Walnut Street that began at approximately 5 p.m.

Initial call to the Genesee County 911 Center was a 911 hang-up call. Upon investigation by our officer it was determined that a crime was in progress. Officers attempted to interview an individual, however the individual retreated into an apartment and barricaded themself inside. The individual was armed with a weapon at the time of contact.

At this time all tenants of the apartment house have been evacuated and there is no threat to the general public. Officers are actively trying to negotiate with the individual to get them to surrender peacefully. All residents in the area are asked to remain indoors until the incident is resolved.

Further information will be released when the incident is brought to a resolution.

UPDATE 10:28 p.m.: Suspect is in custody and being treated in an ambulance on site. 

UPDATE 10:35 p.m.: Press Release

 At approximately 10 p.m. a male suspect was taken into custody.  The investigation is ongoing and the Batavia Police Department will release more information as it becomes available.

UPDATE 12:10 a.m. (By Howard Owens): Shortly after 5 p.m. on Monday, police were dispatched to 46 Walnut St., Batavia, following a 9-1-1 hang up call. The first officers on the scene determined a possible crime was in progress. Officers attempted to interview an individual at the address. The individual retreated into a second-floor apartment and barricaded himself or herself inside.  Police report the individual was armed with an unspecified weapon.  All of the tenants of the complex were evacuated.  Police stated during the incident that there was no threat to the general public. Officers attempted to negotiate with the individual.  The Emergency Response Team was dispatched. Batavia PD also deployed its MRAP. Eventually, the Monroe County SWAT unit also arrived on scene with two armored vehicles. Genesee County Emergency Management responded with its command unit. Emergency Management deployed its drone over the scene. A K-9 was also observed at the scene. Negotiators from Batavia PD and the Sheriff's Officer were on scene. At about 10 p.m., the subject was taken into custody. The process by which he was taken into custody is not known at this time and was not visible to a reporter observing the scene. The charges against the individual, if any, have not been released at this time.  After the subject was in custody, he was placed in a Mercy EMS ambulance for evaluation.  It's unknown if the subject was taken to a hospital.

The Batavian's exclusive photos from the scene by Howard Owens.  The photos show the SWAT team from Monroe County outside 46 Walnut St., Batavia.

Press Release:

The Genesee County 4-H Dairy Club was well-represented at the Finger Lakes Region 4-H Dairy Bowl Contest on Saturday, March 18 in Jordan Hall in Geneva. 4-H youth from across the Finger Lakes region competed in the event. Dairy Bowl is a Jeopardy-style competition that tests participants knowledge of dairy cattle facts, including breeds, equipment, nutrition and more. Top placing participants will have the opportunity to represent the region at the state level contest later this year. 

Dairy Bowl Results:

• 3rd Place Beginner Team: Gia Zuber, Lilia Buckenmeyer, Veronica Wolcott and Lucy Kimball.
• 3rd Place Junior Team: Owen Kimball, Tate Zuber and Annalise Sybertz.
• 2nd Place Beginner Individual: Veronica Wolcott

The Genesee County 4-H Program is a youth development program for youth ages 5-18.  New 4-H youth members, adult volunteers and clubs are always welcome to join.  For information about how to join the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 101.  Enrollment information is also available on our website at http://genesee.cce.cornell.edu

Submitted Photo of Genesee County 4-H Dairy Bowl participants, from left, Gia Zuber, Owen Kimball, Lilia Buckenmeyer, Tate Zuber, Lucy Kimball, Annalise Sybertz, and Veronica Wolcott.