batavia

Press Release:

The City of Batavia phone lines to all department have been restored. 

Please be advised that there is a scheduled planned outage of the City phone system on Monday. 

The City is replacing old, end of life office phones with new ones through a contract with Ring Central. 

The anticipated outage time for Monday is 10 a.m. until 2 p.m. 

City offices will still be open and operating during this time, and email is not expected to be affected. 

Press Release:

Currently the City of Batavia phone system is down for all City locations.

In case of an emergency please remember to call 911. City police and fire will be notified about any emergency situations directly from dispatch and will operate as normal. 

Thank you in advance for your patience, and we will keep you up to date with information as we work to get our phones back online.

 

Welcome home to 9003 Wilkinson Road in the desirable PEMBROKE school district nestled on your own private 27.83 acres! High ceilings, natural light and modern spaces are abundant in this 1740sqft 3 bed, 2 bath contemporary ranch. A vaulted ceiling in the living room opens to a modern, newly carpeted loft space with high-quality cable railings. Check out the massive 3-pane window, captivating the striking views of your new property. The primary bedroom has his & hers closets and an impressive NEW master bath with a double vanity and a must-see shower. Find 2 more spacious bedrooms with another NEW full bath that has a gorgeous vessel sink & tiled shower wall. Admire stunning views of your land by relaxing on the forever deck, accessible from 3 different sliding glass doors. Find even more space in the walk-out, finishable basement. Never run out of hot water with this brand new on-demand hot water tank. Have peace of mind knowing this home had a complete tear-off roof done in 2022! A 2.5 car detached garage with a brand new metal roof and a barn are perfect for all your storage needs. Don’t miss the opportunity to check out this one-of-a-kind property! Offers due Wed., 3/8 at 1pm.

Evan Vanskiver Adam Montes

Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.

Evan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. 

That led to more charges, but at arraignment on Feb. 27, the date of all of these events, they were released on their own recognizance. 

It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.

For charges under a certain level, police officers can't bring a suspect before a judge for arraignment. The officers must write an appearance ticket.  And a judge, at arraignment, must set release conditions that are the least restrictive option available. That's the law.

District Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set.  It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date.

"Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail," Finnell said. "I can tell you that prior to bail reform, knowing the circumstances of this case, my office would have requested that bail be set, and we would have been optimistic that our request would have been granted."

Even though holding the defendants in jail after their initial arrest on Feb. 27 isn't a given, Batavia PD Chief Shawn Heubusch does see the case as a failure of bail reform, primarily because no judge was given a chance to make a decision. An appearance ticket was mandatory. 

The incidents involving Vanskiver and Montes began at 4:14 a.m. on Monday when dispatchers received a complaint of a theft from a vehicle on Church Street in Elba.

When Deputy Jeremiah Gechell arrived on scene, two men were spotted. They fled the area.  Deputy James Stack and K-9 Rayzor responded and commenced a search. A short time later, Vanskiver and Montes were located. They were allegedly in possession of a cache of stolen items. 

Both men were also accused of damaging a vehicle on Church Street while trying to gain access to it.

Deputy Travis DeMuth assisted in the investigation.

Vanskiver is 31 with a listed residence of Viking Way, Sweden, and Montes is reported by the Sheriff's Office not to have a residence. Batavia PD place Vanskiver's residence in Brockport and Montes in Hamlin.

In the Elba incident, the two men were both charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, 14 counts of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor.

In pre-bail reform days, not everybody charged with felonies was held.  In this case, however, the extenuating circumstances that a judge could have considered under the prior bail guidelines is that one of the defendants doesn't have a permanent residence and neither is from the local area. 

In an attempt to get a defense attorney's perspective on bail reform and its impact on this case, The Batavian emailed Public Defender Jerry Ader two days ago, and he did not respond.

According to Batavia PD, the two men were released from custody at the Genesee County Jail at 2:15 p.m. on Monday.

They were spotted in the allegedly stolen vehicle at 2:41 p.m. that same day on Ellicott Street near Liberty Street.

A patrol officer chased the vehicle down Route 5 to Wortendyke Road, where Vanskiver managed to avoid spike strips. 

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Further attempts to use spike strips to impede the vehicle were unsuccessful. 

According to a Batavia PD statement, the vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage Dumpster.

Vanskiver allegedly fled on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

They were arrested by Batavia PD and charged with:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

Following this second arrest, Vanskiver and Montes were held pending arraignment in the new Centralized Arraignment Court. They were arraigned later that same day, according to jail records, and ordered released on their own recognizance.

The incident prompted Assemblyman Steve Hawley to call on New York to revisit its current bail law.

“The revolving door of crime that has been established by bail reform continues to hinder and harm law-abiding citizens while giving career criminals a free pass,” Hawley said. “It’s high time for the Majority in the Assembly to help bring an end to this era of crime New York is continually besieged by. To continue to ignore it makes them part of the problem.”

Press release:

The Genesee County Chamber of Commerce is calling for vendors to participate in our 2023 Home Show on April 14,15,16, 2023.  Seeking a variety of vendors:  Home Improvement, Realty, Lawn Equipment, Farm Equipment, Windows and Doors Gutters and Siding, Entertainment, Home Goods, etc.

The Home Show will be held at the David McCarthy Memorial Ice Arena, 22 Evans Street, Batavia.  This 8th Annual event brings together 2,500 people over the course of three days.

Interested vendors will need to return the application and booth fees by March 10th to be included in advertisements. Applications can be downloaded from the Chamber's website at https://geneseeny.com/home-show/ and are available at the Chamber's office, 8276 Park Road.  Space is limited and on a first-come basis. 

Photo: File photo from 2022 show by Howard Owens

Press release:

The Richmond Memorial Library is pleased to offer HP Chromebooks, which will be available for patrons to check out beginning this week.

The Chromebooks were received through the Emergency Connectivity Fund Grant as part of the FCC American Rescue Plan Act. The Chromebooks can be checked out for a period of three weeks with a valid NIOGA library card in good standing. They include a power cord and all instructions.

The NIOGA Library System includes public libraries in Niagara, Orleans and Genesee Counties. Chromebooks can only be checked out at the Richmond Memorial Library and must also be returned to the Richmond Memorial Library. 

The Richmond Memorial Library is located at 19 Ross St in the City of Batavia. Find us online at batavialibrary.org. 

MaryLee Pagliaroli's mixed-media piece, "Butterfly Playtime," was awarded Best of Show at Tuesday's Third Annual Table Top Art Competition at Eli Fish Brewing.

Brian Kemp and Melissa Flint conceived of the art show three years ago, in the midst of the pandemic when galleries were closed and art shows canceled. When restaurants could open, Kemp and Flint figured they could expose the work of local artists on placemats.

The show and competition -- now with Jill Pettigrew as part of the team -- was judged by Dan Butler.

As the first-place winner, Pagliaroli received $300.

Second place, and $200, went to Margaret VanArsdale for "The Flag."  Third place and $100 was awarded to Morgan Gefell for the sculpture "Rings of Fire."

Images of the works by the three top finishers, along with honorable mentions, will be printed on placemats that restaurants can provide to diners. 

There are 36 restaurants in the community participating this year.

There were 152 artists who submitted entries.

Kemp said the Table Top show has grown beyond the expectations of its organizers.

Margaret VanArsdale with "The Flag," which was made with plastic straws.

Brian Kemp on the right.

After the awards were announced, those in attendance took a closer look at the works.

Arrest warrants have once again been issued for a Batavia woman whose dog reportedly overdosed on narcotics after she reportedly failed to show up at an assigned rehabilitation facility.

Cassandra L. Elmore, 30, was arrested on multiple warrants by Batavia PD in early February and ordered held in jail on $100,000 bail.

After learning today that Elmore would not appear in City Court as scheduled today because an arrest warrant had been issued, The Batavian inquired with officials in the local criminal justice system about her case.

Through a FOIL request with the Sheriff's Office, The Batavian learned that Elmore was released on her own recognizance at 10:30 a.m. on Feb. 18 for a bed-to-bed transfer to a rehab facility.

Assistant District Attorney Jenna Bauer confirmed that Elmore is accused of never showing up at the facility, so a warrant was issued for her arrest.

Chief Shawn Heubusch said his officers are actively looking for Elmore.

There are two warrants for Elmore, Heubusch said.

One is dated Feb. 22 and is for failure to appear on obstruction of governmental administration 2nd and failure to comply with a court-ordered program. The second is dated Feb. 22 and is for failure to appear on charges of aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, and failure to comply with a court-ordered program.

In addition to the charges underlying the two new warrants, Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June. The dog has reportedly adjusted to life in the kennel and is doing fine.

To contact Batavia PD with information on Elmore's whereabouts, call (585) 345-6370.

Previously: 

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending
• Elmore misses another court appearance while Oddey remains at shelter
• Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

In his last year at Batavia High School, Paul Daniszewski — aka Jean Valjean — verbally painted an end to his senior year with sad hues washed in bright swaths of excitement about what’s ahead.

“It’s very bittersweet because it's like, yes, the final show, the final hurrah. But also, Oh God, the final show, the final hurrah. It's very much a sense of like going out with a bang and with a pop,” he said of this weekend’s production of “Les Misérables.”  

His future plans include being an acting major at Genesee Community College, transferring to a four-year college to continue that pursuit, and then “just see where the wind takes me” while hanging onto his vision of being a professional actor.

At present, he’s just trying to follow show Director Caryn Wood’s advice for all 36 cast members: take care of yourselves, eat, sleep, and get ready for some grueling run-throughs over the next two days.

After that, it’s showtime: Les Mis (that’s what everybody seems to call it) goes on at 7 p.m. Friday and Saturday and at 2 p.m. Sunday at Batavia High School, 260 State St., Batavia.

Most everyone has at least heard of Les Mis, even if not having seen it or read the book. Set in early 19th Century France, it is a story of Paul’s character Jean Valjean, a French peasant, and his desire for redemption after serving 19 years in jail for stealing — not a suitcase of cash or anything quite so tangibly valuable — but a loaf of bread for his sister’s starving child.

Priceless indeed. Yet he serves jail time and then decides to break parole and begin a new life with some inspiration from a bishop.

The 17-year-old actor auditioned for the role after some prodding from the show director.

“Miss Wood guided me on who I wanted to be,” Paul said. “Jean Valjean, he’s my guy. He is just an emotionally challenging character for me to portray because a lot of the characters that I've played in the past have been very upbeat, the first person I ever did was with Shrek, Lord Farquaad. And he's a very, flamboyant and very over the top … and the last one I did was Bill, and he was also very outgoing,” the actor said. “But Jean Valjean, he's so emotionally deep, that it was very hard for me for a while to embody that character. And show me the way essentially.”

Javert, the police inspector played by junior Peyton Woeller, seemed like an atypical character from what he’s usually played in shows, he said.

“But there's just something about him, I felt like he would be a fun character to play, especially because he contrasts a lot of other characters I've played before, because, like, this is the main antagonistic role. And normally I'm not a main antagonistic role, like last time in Mamma Mia. I was Harry, who was just one of the dads. So it was really fun. It was a change, which drew me to him,” Peyton said. “I actually was not all that familiar. When I've always heard of it, I never got around to watching it. But once we learned that, that was the show we were doing, I watched the Netflix one. And then I ended up watching a bunch of different stage productions on YouTube. But now I'm very familiar with the show. It’s a show based on hope for tomorrow. That's the main message behind it. It's got all of these different intertwining characters, and all of these different relationships that blend together and create just a wonderful, wonderful, complex story. And there's so many different aspects that all get thrown together in different areas. And it's just so beautifully written with the music as well.”

It’s fair to say that Javert is no nice guy. He refuses to let Jean Valjean escape justice and pursues him during most of the play. Meanwhile, Valjean and a host of characters are swept into a revolutionary period in France, where a group of young idealists attempts to overthrow the government at a street barricade in Paris.

After Valjean is humbled by compassion from a bishop, he resolves to redeem himself and turn his life around to live for God. Just where does Fantine, Abi Hoerbelt’s character, come into the story? Fantine has a young daughter named Cosette, who is later adopted by a central character.

Abi has been involved in theater since fifth grade, making this her 15th show — and last one in her high school career. Uncertain yet where she will go after graduation this year,  the senior plans to pursue theater and English education to become a teacher.

So, out of 15 shows, which one has been a favorite?

“I would by far say that this show is my favorite show I've been in. I've been in shows since I was about seven. But this is probably the biggest role I've played. And also, I just, I love the music, and I love the community and family we've built with the cast,” she said. “So I've been in shows all four years of high school, and they were all amazing. I love them, but this one was probably my favorite. I think it kind of has something to do with it being my last show. I'm really savoring it.”

Fantine is an impoverished factory worker who loses her job and has to turn to less ideal work so that she can pay a couple to continue caring for her daughter. Aside from absorbing the role of a strong character, Abi has also enjoyed building relationships with fellow cast members. The experience makes for a reluctant curtain call.

“It's really sad. As I said, I've been in the shows all four years of high school. So this coming to an end is really, like, heartbreaking, but I know that I will come back and see the shows, and I'll be doing more shows in my future,” she said.

Director Caryn Wood felt good about this choice of show, as if the students were “eager to take on a challenge.” They have put their “heart and soul” into preparations, and all have been researching their roles, watching the show, and reading reference materials “to build their characters,” she said.

“To begin with, Les Mis is difficult content, the music itself is difficult, it's challenging. The only difference between the full adult version or the standard Broadway version and the student version is that they've abridged some of it, they've shortened some of the songs for length, for time. But otherwise, all of the language is the same. Some of the keys have been adjusted for younger voices, but it's very much the same,” she said. “So that one is right off the bat, it's hard material. But then technically, I mean, there's a ton to incorporate: microphones, gunfire for the battle scenes, you know, there's just a lot to fully, in order to fully embody the tone of the show, you have to really support that you want it to visually be pleasing and to the level that it should be.

“You know, there's a standard, and we have to try to live up to it. People have expectations, and we want to reach those and hopefully exceed those expectations,” Wood said. “So just the show itself is challenging, and lots of costumes, lots of technical needs, lots of lighting design, in order to bring a well-rounded and beautiful show altogether.”

Tickets are $10 in advance and available online or $12 for adults and $10 for students/seniors at the door.  

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

For reasons of timing — and a short window to work with — conflicts with other events and a busy holiday weekend, the Wing Ding Committee has decided to postpone the resurrected event to next year, Assistant City Manager Erik Fix says.

Fix made the announcement to committee members Wednesday, citing reasons of vendors and other entertainment acts being booked already, the potential for difficulty in recruiting volunteers for a busy Labor Day weekend to correlate with the Air Show, a clash in timing with the veteran September festival Labor Daze in Oakfield, and the city not being in a position to set up as event planner.

“We reached out to multiple community partners to see if they would be willing to chair the event and did not have any luck,” Fix said. “The plan is to proceed with preparations for 2024, move the event to a weekend before the airshow so we can have it on a Saturday, and to continue to seek out a community partner to chair the event.

“For this year, we will work with the (Business Improvement District) and other downtown businesses on a promotional piece that can be shared with hotels and at the Airshow, highlighting the different restaurants and shops downtown in an attempt to draw people from the Airshow to the City,” he said. 

He expects planning for 2024 to begin in the next few months. The resurrected Wing Ding was made possible with leftover funds from the city’s Centennial Celebration. City Council had approved a transfer of $9,188 for a Wing Ding event to happen in conjunction with the resurrected Air Show.

Three local wrestlers had strong showings at the NYS championship meet this week, one of the area's top grapplers, Casper Stewart, finishing third in his class, 152 pounds.

That wasn't the result he and his coach and father were hoping for, said Rick Stewart (dad and coach).

" It’s hard to put things in words right now," Stewart aid. "Obviously, it is not the result we wanted, and we are disappointed.  He set the bar very high and expect to accomplish the goals.  Even though this year’s season is an amazing accomplishment with a 51-1 record with a third-place finish at states and an eastern states title, the ultimate goal wasn't achieved, and that will be the motivation for next year. I'm very proud of him and know he will do great things in this sport. He is beyond driven."

Casper’s comments about the future, Just keep training hard, working with good training partners and coaches.

Other local podium finishers in Genesee County:

• Alexander senior Ben Merill finished 4^th in division two, 138 lb. weight class
• Byron-Bergen junior Malachi Smith finished 6^th in division two, 189 lb. weight class

To view the final results, click here.

Photos and information provided by the Attica-Batavia team

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

While city officials have expressed surprise and disappointment about the details of Ellicott Station, developer Samuel Savarino and Steve Hyde, CEO of the county’s Economic Development Center, remain enthusiastic about the possibilities to come along with the 55-unit, low-income apartment complex in Batavia.

During an interview with The Batavian, Savarino was steadfast about tenants being employed and able to pay their rents at the 50 Ellicott St. site.

“Our project is one- and two-bedroom, which I think could be said fits the profile of young workers or working couples,” he said.

The Batavian asked about the maximum income qualifications, per the Ellicott Station application, which in some cases means people making minimum wage wouldn’t qualify for a two-person apartment. Savarino said that those numbers were fixed in 2019, per 50 to 60 percent of the area median income at the time. And they’re not set in stone.

“When things change every year, the income restrictions are reset, just as there are changes in the area median income and what people earn. So, you know, that changes over time. But, I think it really does set at some are 50 and the majority are 60 percent of AMI, right? And that's back in 2019 numbers,” he said. “And the project has to be up and operating before it gets reset. So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down.”

He isn’t sure why city officials are upset about the low-income qualifications and Section 8 availability, he said, since the project has been geared toward what’s affordable for the Batavia area per a market study from the project's inception. It is true, he said, that Home and Community Renewal’s involvement — which happened when the state entity granted him more than $5 million in tax credits to get the project going — also meant a market study review and conclusion about what would be considered affordable.

“I think we had a market study which looked at … I mean, everybody can maybe look around things and draw their own conclusions. And, you know, a market study is a little more detailed … it's a little more refined, and more scientific with determining what the achievable rents would be and whether there would be people to rent at certain levels. Any market study will do that,” he said. “And if you looked at the application that went in to the unified funding application to Home and Community Renewal, which provides the tax credits, which an investor purchases, and then they provide some financing for the projects, that it was workforce housing, affordable workforce housing.

“And that's consistent with what everybody was saying. It can be reset, but that's what we need to follow … at the suggestion of HCR after they examined the market study. My recollection was that they said, that's where the market was. And that was where the need was.

“I’m not quite sure if there's an Oxford dictionary definition of what is affordable as opposed to workforce, as opposed to low income. You know, it depends. And it may mean different things in different communities,” he said. 

Those terms are used interchangeably, he said. Above all, he envisions working singles and couples, or perhaps seniors on a fixed income, living at Ellicott Station. Given the low-income levels, what’s the chance that many would also require government assistance to make the rent if they qualified for those income levels? Savarino wasn’t familiar with how Section 8 works, he said, but it does work the same as with any other rental. It's illegal to discriminate against a tenant with Section 8 requirements, he said.

His management will be screening applicants to ensure they have a job and can pay rent, he said. Furthermore, he believes they will be “good tenants” living in a good, quality residence with plenty of security cameras, and secured access to the building. The Batavian asked him why the playground was built and promoted if he didn’t think the apartments had the space for children — which he had said during the interview — and it is a mandated requirement, he said.

As for the meanings of workforce, affordable and low income, The Batavian had previously published an article citing the definitions, per the Housing and Urban Development site. Though, in talking to various people regarding this project, those words did seem a bit murkier. Savarino disputed a statement in a prior Batavian article that he had quoted specific, ideal wages of $18 to $20, and also $20 and below. He didn’t recall having said that, though it was captured on a recorder. None of the maximum incomes allow for those wages or even $14 in some cases.

The calculations worked out to take 30 percent of one’s salary for rent and utilities, he said, and leave the remaining 70 percent for other expenses. That means tenants could potentially have disposable income to dine at downtown restaurants or do some shopping, which was one of the original goals of the project, he said.     

The other goals were to include commercial and retail projects at the site, and, due to the lengthy time it took to get going, Resurgence Brewing “timed out” and completed a project in its own neighborhood, Savarino said. He has some interested prospects and is committed to following through with a brewery/restaurant with either an outside company or Savarino Companies itself.

Steve Hyde, president and CEO of Genesee County's Economic Development Center, focused on another aspect of the project — the longstanding and dilapidated defunct buildings at 30-50 Ellicott St. Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he said.

He pulled an excerpt from the DRI application for the Build Ellicott Station Project:

“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family.  A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”

“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said. “We continue to work closely with Developer Sam Savarino and his team to deliver upon his commitment to construct new, modern, and affordable workforce housing for working residents who have modest incomes across our community.  This is a critical element to downtown revitalization efforts because not only does Ellicott Station renovate a blighted parcel in our downtown but it is building workforce housing units for working residents in the heart of our downtown many of whom would have the opportunity to work at our area businesses which are sorely needed.”

Hyde and Savarino also pointed to the benefit of having nearby housing for employees that businesses are seeking. Without local residents, it has been difficult at times for employers to fill vacancies, Savarino said. It also equips downtown with tenants within walking distance, Hyde said.

“This further strengthens the opportunity for greater success for our Main Street businesses and our local economy.  I confirmed with Developer Sam Savarino last week that his commitment to deliver workforce housing for working residents is priority #1.  The incentives provided by GCEDC to support the comprehensive re-development of this mixed use project did comprehend the 60 percent or less AMI and associated range of incomes contemplated for the workforce housing facility as reflected in our public hearing minutes, the board memoranda and final resolution from our March 2020 Board meeting,” he said. “The net of this is: The GCEDC Board of Directors trusted in Sam Savarino to deliver workforce housing for working residents in an effort to incentivize considerable investment and improvements to transform the biggest eyesore in our downtown into a new mixed-use development.  They continue steadfast in their expectation of Mr. Savarino to honor his commitment to provide high-quality workforce housing for working residents across our community.

He and Savarino look forward to the project’s completion, and neither seems to believe that the income qualifications are too low to bring prosperity to the city of Batavia, per questions asked by The Batavian and the focused answers.

“I personally continue to look forward to the positive benefits provided by the Ellicott Station project which includes offering new apartments to our working residents priced in an affordable fashion that would allow them to live, work and play downtown,” Hyde said. “This will, in my view, help to elevate the staffing availability and success of our area businesses – our Main Street businesses in particular.  That is the promise we continue to expect and the main premise why GCEDC has participated actively in this project over the course of the last eight years.”

Photo: File photo of Sam Savarino at the Ellicott Station groundbreaking by Howard Owens

Press Release:

Richmond Memorial Library will host an author and book talk on Saturday at 1 p.m. in the Reading Room. Dr. Miriam Thaggert will present her 2022 book, "Riding Jane Crow: African American Women on the American Railroad."

About the book: As Jim Crow laws became more prevalent and forced black Americans to "ride Jim Crow" on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of black female railroad travel: the travel narratives of black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; black middle-class women who sued to ride in first class and ladies’ cars and black women railroad food vendors; and black maids on Pullman trains.

Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or "progress," through her travel experiences.

About the presenter: Professor Miriam Thaggert is an Associate Professor of English at the University of Buffalo. She is the author of "Riding Jane Crow and Images of Black Modernism: Verbal and Visual Strategies of the Harlem Renaissance." She also co-edited two volumes, A History of the Harlem Renaissance and African American Literature in Transition, 1920-30, both published by Cambridge University Press. For more information, visit miriamthaggert.com

Copies are available to borrow through the library and a limited number of copies will be for sale at the event. Richmond Memorial Library is located at 19 Ross St., Batavia. For more about the library, visit batavialibrary.org or call 585-343-9550.

Submitted Photo of Miriam Thaggert.

After more than 50 years in the news business — covering the gamut from radio DJ and newspaper writer to regional photographer, vice president of broadcasting for five stations, and owner of  the successful WBTA radio station with wife Debrah right here in Batavia — Dan Fischer is ready to call it a day

Paperwork was filed on Feb. 17 and the sale became public on Feb. 21 that WBTA advertising executive Jim Ernst, aka Majic Tones LLC, purchased the station, officially titled HPL Communications, for $425,000.

“I’m 72, I’ve been doing this for 53 years, it’s time,” Fischer said to The Batavian. “I enjoy the business; I truly never worked a day in my life. I had the opportunity to sell locally. Jim is an account executive for us, he’s a local guy who grew up in Batavia, and he’s been with us for eight years.”

WBTA AM radio has been on the air based in Batavia since February 1941, with two FM stations, one each based in Batavia and Le Roy, and all three carry the same program. And programs are streamed around the world, Fischer said, to audiences that can be counted “by the person” versus less accurate totals for other audience types.

The station reaps 25,000 listeners cumulatively during each weekly period, though the numbers can vary, say, on a snow day — and “average listenership just soars,” Fischer said. After all, everyone seems concerned about bad weather days.

As for the new ownership, Ernst is a familiar face around town, and “wishes to keep everything the way it is” right now, Fischer said.

“He’s happy with the way things are,” Fischer said.

Staff will also remain the same at this point, which is five full-time, including President/General Manager Dan Fischer and Vice President/Business Manager Debrah Fischer, and five part-time staff, and about four contract talents for sports play-by-play broadcasts, he said.

Perhaps more importantly, how did this all come about? “Jim and I have been talking for a year,” Fischer said. “I was not actively seeking a buyer.”

He liked the idea of keeping the station in local hands, and believes that’s been a key to the station’s success. WBTA had one of its best years in 2019, just before COVID and the pandemic hit, he said, and “we suffered, along with many other businesses,” but the workload on media increased even more so by covering pandemic-related news briefings, announcements, vaccine and protocol updates, and infection rates, he said.

“All while advertising revenues lagged,” he said. “That was a challenge. The station has always done well when in local hands … and owners understand that the way to success was serving the public interest.

“WBTA and The Batavian are the only locally owned and operated media. One of the highlights of my tenure has been our partnership with The Batavian,” Fischer said. “Covering local news is an expensive proposition at a time when advertising revenues for all traditional media are shrinking. We have been able, with our partnership with the Batavian, to stay very competitive in this market.”

Likewise, The Batavian’s publisher, Howard Owens, has greatly valued his professional relationship with Fischer, while also appreciating his “journalistic friendship.”

“I first talked to Dan after I became owner of The Batavian in March 2009. He could see the value of what we were doing, and could see the value of a news partnership. That always gave me somebody to talk to, and we could trust each other. His knowledge of Genesee County has been a tremendous asset to The Batavian, and WBTA is a great example of a news organization serving its local community,” Owens said. “I’m looking forward to working with Jim.”

Fischer’s long history with the company — he and business partner Debrah, who will continue in a consultant role after the sale, bought WBTA in 2004 — also includes a lot of journalism roots attached. His first job was as a country music DJ in Utica who also read the news for listeners. The station owner liked the way Fischer read, and “I really enjoyed doing news,” he said.

“It was a more important calling than just announcing the next Johnny Cash song,” Fischer said.

He worked his way up the ranks, moving to Jamestown, where he met the future Mrs. Fischer, and also worked for Buffalo Courier, Erie Times-News, and WIVB, gleaning all sorts of media nuggets for his future career. He eventually moved to Batavia — a brand new place for the native of Cheektowaga — and credits the late Bill Brown, a popular media figure and author about town — for inviting Fischer to Batavia Rotary, where he met several people, and made those much-needed connections as a new business owner.

Part of the local aspect includes WBTA’s status as being a heritage, full-service radio station. It has been around for decades, even before World War II, Fischer said. News stories from its airwaves have been about tragedy — the Attica Prison riot — and victories — high school championship football games. And everything in between.

“I can’t imagine operating a station with just music,” he said.

Many pancake breakfasts and chicken barbecues later, the Fischers had settled into Batavia life, though as residents of Oakfield. Married for 33 years, they plan to continue their love for travel and visiting family. That is, after all legalities have been finalized, which is to happen in 80 to 90 days when a notification will be sent regarding an assignment of licenses, and that gives the parties 10 days to close the deal.

Top Photo: Dan and Debrah Fischer at the time of the station's 75th anniversary. Photo by Howard Owens. Inset photo, Jim Ernst, courtesy WBTA. 

Ronnel Simien Agee, Jr., 20, of Depew Street, Rochester, and  Jaquel Rashod Gibson, 21, of Rochester, are charged with criminal possession of stolen property, reckless endangerment 1st, unlawful fleeing a police officer in a motor vehicle, 3rd, and obstructing governmental administration 2nd. Agee and Gibson are accused of fleeing from Deputy Kevin Quackenbush in a stolen 2022 Jeep Cherokee after Quackenbush attempted a traffic stop on Route 33 in Stafford at 8:16 p.m. on Feb. 16. The pursuit continued through Bergen, RIga, Chili, and into the Town of Le Roy, where Le Roy PD deployed spike strips. The vehicle stopped on Randal Road and Agee is accused of running from the vehicle on foot. He was taken into custody a short time later. Both men were held pending arraignment.

Brian Tyler Stachewicz, 27, of Porter Avenue, Batavia, is charged with offering a false instrument for filing 1st. Stachewicz is accused of providing false information on a pistol permit application filed on Aug. 22. He was arrested on Feb. 21 and released on an appearance ticket.

Michael John Vanbuskirk, 49, of Union Street, Le Roy, is charged with bail jumping 3rd. Vanbuskirk is accused of failure to appear in court as ordered on a felony charge and then not turning himself in within 30 days. Vanbuskirk was released on an appearance ticket. 

Kevin Michael Monell, 31, of Horan Road, Medina, is charged with petit larceny.  Monell is accused of stealing a carton of cigarettes from a smoke shop on the Tonawanda Indian Reservation on Feb. 23. He was released on an appearance ticket.

Andrea Michelle Kreutter, 33, of East Bethany Le Roy Road, Bethany, is charged with criminal possession of a controlled substance 7th and driver's view obstructed. Kreutter was arrested on Feb. 22 and accused of possessing illegal narcotics during a traffic stop by Deputy Nicholas Chamoun at 11:50 p.m. on May 13 on East Main Street Road, Batavia. She was ordered to appear in Town of Batavia Court on March 14.

Justine Denae Wood, 36, of Washington Avenue, Batavia, is charged with bail jumping 3rd. Wood is accused of failing to appear in Town of Stafford Court on a criminal matter on Jan. 23.  She was arraigned and ordered held on $2,000 bail.

Jayne B. Liotto, 63, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Liotto was reportedly involved in a single-vehicle accident at 1:01 a.m. on Feb. 24 on Drake Street Road, Elba. The accident was investigated by Deputy Jeremiah Gechell. Liotto was released on an appearance ticket.

Hector Yaidal Hernandez, 22, of Ridgeway Avenue, Rochester, is charged with DWI and speeding. Hernandez was stopped 3:34 a.m. on Feb. 25 on Apple Tree Avenue in Bergen by Sgt. Mathew Clor. He was released on an appearance ticket.

No. 1 seed Batavia advanced to the quarterfinal of the Section V Class B1 tournament on Saturday with a dominating win over Livonia, 79-42

Ja'vin McFollins hit five three-pointers en route to a 26-point game. Sawyer Siverling scored 15 points and Carter McFollins scored 12 points.

Photos by Kristin Smith.

 

Batavia's short playoff run in Girls Basketball came to an end Friday night with a loss to Livonia, 66-28.

Anna Varland scored nine points and Adyson O'Donnell scored eight points.

Also in Girls Basketball:

• Notre Dame beat York, 69-46. Amelia McCulley scored 36 points. Emma Sisson scored 14 points.
• Hornell beat Le Roy, 70-40. Lindsey Steffenilla scored 14 points and had 10 rebounds. Kenna MacKenzie scored 12 points.

To view or purchase photos, click here.

Photos by Steve Ognibene

A total operating budget of $33.5 million and tax cap override are not necessarily a done deal, City Councilman-at-large Bob Bialkowski says

Both of those issues are on the agenda for public hearings at the council’s next conference meeting. It’s set for 7 p.m. Monday, in the Council Board Room at City Hall.

Council had two budget workshops earlier this month to review the proposed 2023-24 budget, ask questions and make potential suggestions or amendments. No amendments were made to the spending plan, however, a final vote has not yet been cast, Bialkowski said.

“I’ve had a lot of constituents complain about it,” he said to The Batavian.

He hopes that citizens attend the hearing to make their feelings known for the record.

In her memo to council, City Manager Rachael Tabelski said that a general fund of $19.4 million balances revenues and expenses and includes considerations for increased costs of 8 percent inflation, double diesel fuel, $400,000 in employee wages, $300,000 in retirements, $475,000 in health care and 15 to 40 percent hikes in utilities and materials, including salt, gas and electric.

Employee expenses include nonunion raises effective April 1 for 15 positions ranging from secretary to the city administrator to city manager.

City Council conducted its usual annual performance appraisal for the city manager, Council President Eugene Jankowski Jr. said, per conditions of the manager’s contract. He would not provide any additional comments about the manager’s performance. Her raise is set to go from an initial $112,000 to an adjusted 117,600 and then to $121,128 for the 2023-24 budget year, based on “highest union” numbers.

Positions of human resources director, assistant manager, police chief, and fire chief, and public works director are slated for an $8,000 increase from the initial 2022-23 figure to 2023-24 budget year, for salaries of $111,687 for the first three positions, respectively; $106,453 for fire chief; and $96,194 for DPW director.

City Council recently approved increases for police personnel that would incrementally boost salaries by 3 percent in the first year and 2.5 percent in the second and third years as part of union negotiations. Council members, including Jankowski, Tammy Schmidt, and Kathy Briggs, had agreed that the increases were warranted as ways to attract and retain quality employees and remain competitive with other similarly sized cities.

If the council approves the budget, which requires a larger tax levy than allowable by state mandate, the tax cap override would also have to go to vote and be approved by at least a 60 percent yes vote of council. The proposed tax levy is $6.6 million, however, Tabelski is recommending a stable tax rate of $8.94, which is the current rate. She has said there are to be no new assessment increases this year — unless substantial improvements have been made to one’s property — which may be of little consolation for those still adjusting to the last two years of hikes. Bottom line is that a flat tax rate has meant a bigger property tax bill due to a higher assessment.

There is a third public hearing regarding new water rates, meter fees, and a capital improvement fee. The proposed water rate increase is 30 cents more per $1,000 gallons of water. This measure is to cost a typical family of four $60 more per year, Tabelski said.

There is time allotted for public comments during the meeting. Sign up with the city clerk before it begins.

To view the agenda and related documents, go HERE.

File Photo of City Manager Rachael Tabelski by Howard Owens.