batavia

Work crews completed repaving the public parking lot off of Court Street, by Save-a-Lot and Main Street businesses in Downtown Batavia.

Photos by Howard Owens.

There just isn't enough room in the Genesee Valley Ag Park on the east side of the Town of Batavia for a project as large as the Fairlife plant announced today in Monroe County.

The 745,000-square-foot facility will be built by Coca-Cola and create an estimated 250 jobs in the Town of Webster.  The company is expected to invest $650 million in the project.

Asked if the Genesee County Economic Development Center competed for the project, Jim Krencik, senior director of marketing and communications for GCEDC, said it is against agency policy to discuss what companies might have looked at Genesee County as a possible site location for a facility.

"The huge winners here are the dairy farmers," Krencik said. "Wherever it's located in our region, the dairy farmers are the biggest winners."

When asked a follow-up question, he said with HP Hood and Upstate Niagara Milk Cooperative operating in the park along with planned expansions, the Coca-Cola facility wouldn't fit in the park.

Asked about potential sites in Genesee County for such a facility, he said there could be, but that would depend on available infrastructure, and he reiterated the policy of not discussing negotiations with businesses.

HP Hood is the largest land owner in the Ag Park. Its current facility sits on 80 acres, and the company also owns a 22-acre parcel to the factory's north, and 30-acre and 17-acre parcels to the west. All three of those parcels are currently vacant.

The Coca-Cola project in Monroe County has echoes of another soda company's foray into the dairy business -- when Pepsi Co teamed up with the Theo Muller Group to build a Greek yogurt factory in the ag park.  Pepsi and Muller invested $206 million into the project only to close the doors less than three years later.

Pepsi sold the 363,000-square-foot plant to the Dairy Farmers of America for $60 million.

Hood purchased the plant in 2018 from DFA for $54 million. Hood immediately expanded the plant by at least another 100,000 square feet.

The other failed Greek yogurt project, the plant built by Alpina, is now a dairy processing facility for Upstate Niagara Milk Cooperative.

The big difference, perhaps, between the Pepsi and Coke projects is that Pepsi was trying to start a new business line and enter the emerging and competitive market of Greek yogurt. And the product, some critics pointed out, wasn't really Greek yogurt. Pepsi Muller found it hard to get its products on grocery store shelves. 

In Coke's case, its Fairlife brand was launched in 2012 and is widely distributed, having already hit $1 billion in sales.

According to the company's website, Fairlife is an ultra-filtered, flavored dairy drink. The process reportedly removes the lactose and much of the sugar and leaves behind more protein and calcium.

Gov. Kathy Hochul praised Coca-Cola for selecting Monroe County as the location for its new plant.

"This decision by Fairlife to expand their operations in Monroe County marks the next chapter in New York's agricultural success story," Hochul said. "New York's dairy industry serves as a crucial economic engine for our state, and this $650 million investment from Fairlife will create jobs and drive economic impact, particularly in the Finger Lakes."

Flames and smoke are showing from a second floor at 39 Manhattan Ave., Batavia.

Unknown if occupied.

City Fire on scene.

UPDATE 10:12 a.m.: Fire is out.  Visually, no apparent significant damage to the structure. 

UPDATE 11:32 a.m.: The cause of the fire is under investigation, said Chief Josh Graham. Nobody was home at the time of the fire, and there were no animals present, Graham said. No injuries reported. "At approximately 9:46 this morning, we are alerted to a possible structure fire," Graham said. "Before we arrived on location, they called and updated us and said there was actual flame showing. Crews made entry and quickly extinguish it. It was a small room-and-contents fire on the second story. Right now, they're doing salvage and overhaul through the structure."

Graham praised the work of the firefighters. "We were actually given a tour at the fire station at the time. And so they were out ready to go and got here within a couple of minutes, and that speaks volumes to our ability to be able to go in there and knock these fires out before they get out of hand. They did a fantastic job today."

Two Town of Batavia projects — the Kings Plaza Pump Station and Force Main Upgrade —  originally planned for completion in 2020 had been put on hold due to Covid-19 and increased pricing, city officials say, pushing it out to December 2021 when additional funding was available.

During that same time, the town’s wastewater flows increased to approximately 1.2 to 1.4 million gallons per day, which exceeded the town’s current contractual limit of .85 million gallons per day, as established in the Wastewater Facility Agreement dated in February 2015, city officials said.

“So basically what you’ve got, the Town of Batavia was awarded a grant from the New York State Community Development Block Grant to upgrade the Kings Plaza pump stations and make improvements to the existing water main that connects to the city's sewer system. They are over capacity right now,” Public Works Director Brett Frank said during City Council's conference meeting Monday at City Hall. “The pump station has a maximum capacity of .54 million gallons per day (MGD), and the town would like to plan for future growth … there’s concern with their current exceedance of the contractual former limits in the full capacity of the plant, and we believe we should not yet approve a capacity of one million gallons per day. This agreement will address these concerns and proposes modifications to ensure that the town adheres to the current capacity flows of point .54 MGD.”

City Council was asked to approve a resolution of agreement between the town and city of Batavia that the town will stick with an average .54 million gallons per day, and that if it goes above that, “daily monetary penalties will be levied by the city.”

City Attorney George Van Nest said that the city has “the ability to have penalties for going over that, which it’s in there, but we haven’t stipulated what those penalties would be.”

The town is also asked to agree that a new 12-inch force main will be installed from Kings Plaza Pump Station to River and South Main streets, and that the city may inspect the project.

“The upgrades at the Kings Plaza Pump Station will include a new master sewer meter,” the resolution states.

Council members Bob Bialkowski and Eugene Jankowski Jr. said they were concerned about the town paying the penalty, “and that’s not solving our problem,” Jankowski said, “and they’re getting away cheap to cause a problem for us.”

They wondered if the town should have to do its own water treatment, and Frank said that’s already in the plan.

“We’re actually engaging in those engineering services to potentially expand the wastewater treatment plant, and that would all be at the cost of the town of the Batavia to do those engineering services,” he said.

The matter was forwarded on to a business meeting that followed, and Council approved the resolution for the city manager to execute a related state Department of Environmental Conservation BSP-5 form.

Carla Laird can’t wait to move into her new apartment at Ellicott Station. She was the first name called during the lottery on May 2.

After having her own share of life’s struggles, all Laird wants to do is find a place that’s more affordable, safe and friendly.

“There’s a community room, so maybe I’ll get to know other people,” she said.

A resident of Batavia paying rent that’s nearly $1,000 a month, Laird felt blessed to be chosen for Ellicott Station. She drove to Buffalo and was one of only three people to show up for the drawing.

“I’ve been trying so hard for a very long time, and I’m still kinda in shock because people like me never get chosen first for anything, even in school, I never was chosen -- first out of 102 applications. I’ve been praying hard for this to happen, and finally, it did,” she said during an interview with The Batavian. “And on Monday night, I woke up at 3 a.m. from a dream or a sign that I was gonna get this apartment, and I drove all the way to Buffalo for the live lottery, and that’s when they called out number 49, and my name corresponded with it, and it was the very first number that was drawn.

“And I talked to a few of my Christian friends, and they all told me it was God answering my prayers for that apartment. So yea, I’m still in shock a little because, like I said, this doesn’t happen to someone like me. And I’m very happy.”

Laird has worked part-time jobs, as many hours as she could per disability law. She just received good news that she’s been hired as a cashier associate at a travel plaza on the Thruway, and found her letter of congratulations for the apartment in the mail on Saturday.

She needs to return an acceptance letter, and Savarino Companies will complete a background and employment check, she said. But she’s not worried about any of it, as she has a clean record and has been gainfully employed as much as possible.

Another great perk of her new home is that it accepts one small pet. Sophie, her white Shih Tzu, will be her moving-in companion.

“I chose these apartments because I’m on disability, and all my kids are grown, and I can’t afford the rent at my current place or anywhere else, because it’s very expensive. It will help me a lot because of me being on a fixed income, which is extremely low for this market we live in,” she said. “It will serve me better because it will make it more affordable for me to live in my own place, and it’s ADA accessible, and they won’t make me have to choose my small puppy over a place to live like most places do. They also won’t judge me on account of me being on disability. And it looks like it’ll be a very safe place to live.”

Her current living circumstances include a two-bedroom apartment, a shared garage and a single driveway with a neighbor who “tries to intimidate me.” She doesn’t feel very safe at present and looks forward to this new adventure. Her new rent will be $569, which will allow her to accrue some savings, she said.

Laird will turn 50 at the end of this year, and getting a new apartment is the perfect birthday present, she said.

“So it’s gonna be a big and new experience for me for sure,” she said. “But with the support I have from my friends and family, I should be all right.”

Laird has read news articles about Ellicott Station, and related online comments, and can’t help but feel that some people are “degrading” her when they talk about the housing complex and issues surrounding it. There has been a lot of chatter about the new housing complex being built at 50 Ellicott St., Batavia, but most of it has had to do with unfulfilled promises of the developer, Savarino Companies.

Ellicott Station was originally discussed as market-rate housing, which evaporated quickly into workforce housing as being more viable for this area’s needs and economy.

City officials were on board with that, but when the final plan was unrolled, and applications opened for submissions, the complex was for very low to low-income tenants, which came as a surprise to city officials, they said.

Council President Eugene Jankowski Jr. was one of the first to publicly express he was angry and disappointed with that news, not about the tenants moving in, but that developer Sam Savarino didn’t fulfill his end of the perceived promise, he said.

All eight council members sent a letter to state Homes and Community Renewal officials, which funded a portion of the project, asking them to increase the area's median income level. It was at 50 to 60 percent of the area median income (AMI).

“The city of Batavia is requesting that HCR work with us to present a better mix of incomes on the property with apartments that rent for 80 percent and 120 percent AMI,” the letter stated. “We feel that this will encapsulate the workforce housing that we were promised, better align with the city’s vision of the DRI strategy, and still provide affordable housing for residents.”

City Manager Rachael Tabelski has previously described the project as being “a moving target over the last several years.”

“As the developer made various and multiple overtures to funding entities with regard to making the project financially viable. In 2019, the City supported the project’s housing component as being mixed-income that would provide housing for residents that were employed in local manufacturing in an application submitted to New York State Homes and Community Renewal from the developer,” Tabelski had said. “Furthermore, in 2020, it was confirmed that people living at Ellicott Station must be employed and not receiving government assistance."

That mixed-use component has yet to materialize, as a Buffalo brewery ended up pulling out of the deal, and though there was plenty of talk about a restaurant, none have committed, Savarino said during a prior interview.

Rentals have been promoted as being available in May on the complex sign, and by the summer to fall 2023 during interviews. Laird said that she was told it wouldn’t be until sometime between December to February 2024 before she could move in.

Photo of Carla Laird of Batavia, the first person to be selected in a lottery for Ellicott Station, with her dog Sophie, in front of the housing complex on Ellicott Street in Batavia. Photo by Joanne Beck.

Jacob W. Patterson, 27, of Kilian Road, Pembroke, is charged with criminal possession of a controlled substance, obstructing governmental administration and operating a motor vehicle while impaired by drugs. Patterson was arrested after officers William Yung and John Gombos were dispatched to a gas station on East Main Street on April 24 to check on a report of an intoxicated driver. Patterson allegedly tried to run from officers before being subdued and apprehended.  He was issued an appearance ticket.

Jordan E. Hamilton, 26, of Baker Road, Kent, is charged with tampering with physical evidence and criminal possession of a controlled substance.  Hamilton was reportedly a passenger in a vehicle at a gas station on East Main when Officer William Yung dispatched on April 24 to check on a report of an intoxicated driver. Hamilton was allegedly found in possession of a controlled substance. He was issued an appearance ticket.

Tonya Marie Ficarella, 36, of Lovers Lane, Batavia, is charged with petit larceny. Ficarella is accused of stealing merchandise from a store on Veterans Memorial Drive at 1:44 p.m. on May 2. The Sheriff's Office withheld the name and address of the store. Ficarella was issued an appearance ticket. UPDATE: The Sheriff's Office has released that the location was Walmart.

Jaime Leigh Ayala, 43, of Walnut Street, Batavia, is charged with criminal contempt 2nd. Ayala is accused of entering a store where a protected party worked at 8:28 a.m. on May 2. Ayala was released on an appearance ticket.

Jakob Neale Abrams, 18, of Indian Falls Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while using a mobile phone, failure to keep right. Abrams was reportedly involved in a property damage accident at 1:59 a.m. on April 30 on Harper Road, Darien. He was arrested following an investigation by deputies Ayrton Blankenburg and Jeremiah Gechell.

Christopher John Gulczewski, 33, of Thomas Street, Holley, is charged with endangering the welfare of a child. Gulczewski is accused of threatening to kill a mother in front of her children at 3:20 p.m. on May 3 at a location on South Main Street in Elba.  He was held pending arraignment.

Jerrol Paul Newell, 53, of West Main Street, Batavia, is charged with criminal contempt 2nd.  Newell was arrested while incarcerated in Genesee County Jail for an incident reported at 2:29 p.m. on May 2. The nature of his alleged offense was not released by the Sheriff's Office. He was arraigned and remanded back to the custody of the jail.

Auntunez Jaime Antunez, 35, of Dewey Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and speeding. Antunez was stopped at 11:25 p.m. on May 5 by Deputy Ryan Mullen on Route 33 in Batavia. He was issued and appearance ticket.

Danielle Florance Reed, 34, of Standart Woods, Auburn, is charged with felony DWI, felony driving with a BAC of .18 or greater, speeding, failure to dim lights, and moving from lane unsafely. Reed was stopped at 1:50 a.m. on May 7 on Route 20 in Pavilion by Deputy Zachary Hoy.

Casey T. Vaughn, 33,of East Main Street, Batavia, is charged with harassment 2nd, strangulation 2nd, criminal mischief 4th and aggravated family offense. He is also charged with criminal mischief 4th and criminal tampering 3rd. Vaughn allegedly struck another person and broke a mirror on April 28 during a disturbance at a location on East Main Street, Batavia. That same day, while in custody, Vaughn allegedly spit on a wall, floor, bench, and desk in an interview room at the Batavia police station. He is also accused of pulling molding off the wall.  On the first set of charges, he was ordered held on $10,000 bail. On the second set, he was issued an appearance ticket.

Cassandra F. Smith, 37, of Manhattan Avenue, Batavia, was arrested on four warrants issued by Batavia City Court. Smith was first arrested on April 8 on two counts of petit larceny after she allegedly stole property from different yards on Manhattan Avenue. On April 14, Smith allegedly committed criminal tampering and trespass at a residence on Ross Street by being on the property after being trespassed earlier by police and throwing garbage/other items at the residence.  A warrant was requested.  On April 23, Smith allegedly trespassed again at the residence on Ross Street and was captured on Ring cam.  A warrant was requested. 

Tanika N. Avant, 21, of Bank Street, Batavia, is charged with two counts of harassment 2nd and endangering the welfare of a child. Avant is accused of being involved in a disturbance on April 28 at an undisclosed location and engaging in a physical altercation with another person. During the course of the altercation, he allegedly struck a juvenile. He was arraigned in City Court and released.

James T. Hardaway, 39, of Utica Street, Brockport, is charged with speeding, unlicensed operation, and DWI. Hardaway was stopped on April 30 on Clinton Street, Batavia, by Officer Joseph Weglarski. He was released on an appearance ticket.

Misty R. Scutt, 34, of Exchange Street, Attica, is charged with driving while ability impaired by drugs. Scutt was the subject of a traffic stop by Officer Joseph Weglaski on Jan. 28 in the City of Batavia and arrested on April 28 following the return of a lab analysis of a blood sample. She was issued an appearance ticket.

Hunter M. Passage, 22, of Dellinger Avenue, Batavia, is charged with no headlamps, speed in zone, and driving while ability impaired by drugs. Passage was stopped at a gas station on West Main Street, Batavia, by Sgt. Mitch Cowen on April 27. He was issued an appearance ticket.

It's doubtful the folks who gathered at Churchill Downs in Louisville had much more fun than the nearly 250 people who gathered at Terry Hills on Saturday for the 10th Annual Derby Day to benefit the Michael Napoleone Memorial Foundation.

Before the big race, attendees socialized and participated in a fast-paced live auction led by Todd Jantzi from Bontrager's Auction House.

The bidding was quite competitive. For example, a four-night stay at Palm Harbor in Florida for up to 11 guests attracted a lot of attention.

Keith and Jill O'Neill, from Pendleton, were particularly excited to win the vacation package.  Keith said he wasn't sure how much it was worth, but he was sure it was a bargain at $4,000.

He beat out at least four other bidders.

"This is the first time I've ever done anything like that in my life," Keith said. "So I feel good. It is so worth it. The charity the money is going to, the money couldn't go to a better place."

It is a fun event, but also bittersweet, said Laurie Napoleone, whose son Michael would have turned 25 this year, possibly graduating from college, if not for the cancer, Burkitt’s Lymphoma/Leukemia, that claimed his life when he was eight years old in 2007.

"We wish we could have Michael back with us," Laurie said. "It was tragic and the worst thing that happened in my life, but people rallied around us, they came together to help us and supported us, and supported us financially, and out of that came the foundation so we could pay it forward."

The foundation has paid out more than $900,000 to families in circumstances similar to the Napoleones.

As fun, as Derby Day is every year, there is a moment of serious contemplation every year when one of the families assisted by the foundation tells their story. This year, Laurie said, it was the Waterman family from Middleport.

"We work hard to make this a great, fun event," Laurie said. "But the flip side is, we have to help out families with kids who are facing the challenge of cancer. Every year, we have somebody come and tell their story, and it's always hard to hear. It's emotional. It's heart-wrenching, but it's why we're here."

The Richmond Memorial Library is a community center, and so a place where everybody should find a fun and friendly place to visit, said Beth Paine, the library's new director.

Paine started her job in February but has been busy the past several months getting settled into the job. On Saturday, community members were invited to the library to meet her and socialize.

"No one should ever feel they are not welcome here," Paine said. "We're a happy place. So much is going on in a world that is depressing and upsetting, and here we're happy, and we love our patrons, and we're an open source for any kind of information."

The previous director, Bob Conrad, took a new job downstate, and after an extensive search, New York native Paine was selected by the library board. 

Paine has held the director's position at three other libraries in New York -- Sydney, Watkins Glen, and Prattsburg.

She said she's impressed with the Richmond Memorial Library and its staff.

"The programming here is amazing," Paine said. "The staff is very good with the patrons."

There are a few things she would like to upgrade, she said.

"We're looking at getting more Wi-Fi access points and adding in a little bit of more security, and expanding the collections in certain areas that have been not used as much," Paine said. "Right now, there's really not a whole lot to improve. It's a great library, I'm really excited to be here."

She said she has an open-door policy for patrons and wants to hear from them when they have suggestions or issues to discuss.

Now that she's settled in, she plans to be out in the community more.  She is going to a Batavia Rotary Club meeting soon to make a presentation, and she also plans to start volunteering at the animal shelter.

"That's what I've done for many years," Paine said. "I volunteered at the Yates County shelter when I lived in Penn Yan, and then when I moved to Delaware County, I volunteered at the one there, and so now that I'm here, I plan on offering my dog walking services. That's usually what I do."

Previously: New director invites you to 'stop by and say hi' at RML

Before sending him to prison for 10 years, Judge Melissa Lightcap Cianfrini wondered at the criminal history of Arthur Brown, 45, of Le Roy, whom she observed is clearly intelligent, is well-spoken, and knows to advocate for himself.

Why, she wondered, why he keeps engaging in criminal activity when Brown could do so much more with his life.

Brown was sentenced on three separate criminal cases, the most notorious, an incident in September 2021 when he fled from a traffic stop after being seen driving erratically on Route 33 through Bergen and Stafford.  Brown ran into a cornfield, and Deputy Kevin Quackenbush started a foot pursuit but stopped when he apparently saw Brown pull a handgun from his waistband.  Quackenbush retreated, and then there was a loud bang.

Quackenbush reported to dispatch, "shots fired." This was the start of a several-hour, multi-department manhunt that eventually led to the arrest of Brown and the recovery of a handgun.  The loud bangs turned out to be from a wildlife scare cannon.

Brown has consistently maintained that the gun officers found was not his, and on Friday, he accused of Quckenbush of not telling the whole truth about the incident, such as, he said, Brown's DNA wasn't on the gun nor were his fingerprints.

ADA Joseph Robinson noted after Brown's statement that the gun wasn't checked for fingerprints.

After initially indicating he intended to take the charges against him to a jury, in February, he entered guilty pleas to multiple charges, including second-degree attempted criminal possession of a weapon, a Class D violent offense, third-degree attempted criminal possession of a narcotic drug with intent to sell, a Class B felony, in connection with an arrest in January of this year in the City of Batavia, and to one count of violating the Sex Offender Registration Act, a Class E felony, for failing to register as a sex offender upon a change of address.

In arguing for the maximum possible sentence against Brown (the 10 years Cianfrini eventually imposed), Robinson said that Brown's long criminal history and habit of saying things that attempt to explain away or minimize his criminal activity made him a danger to society.

Robinson listed Brown's past criminal activity:

• In 1994, Brown was adjudicated a youthful offender in a criminal case and violated probation within a year.
• In 1995, he was sentenced to a year in jail.
• In 1998, he was sentenced to seven years in prison on a robbery 2nd conviction.
• In 2005, he was convicted of rape 3rd and sentenced to 18 months to three years in prison.
• In 2010 he as conflicted of criminal sale of a controlled substance 4th and sentenced to two years in prison.
• In 2015, he was convicted of two sexual offender registration violations.
• In was released from prison on that conviction in 2021 one, just weeks before the incident on Clinton Street Road.

The plea Brown accepted, Robinson said, satisfied not only the pending charges already filed against Brown but also four ongoing drug dealing investigations being conducted by the Local Drug Task Force that had not yet led to charges.

Robinson said Brown seems to spend more time in prison and free.

"If he's not serving time on a conviction, he's out committing more crimes," Robison said.

Robinson noted that Brown hasn't accepted responsibility for possessing a gun in September, and he said that when Brown was accused of possessing a bag of cocaine, Brown told probation officers during his pre-sentence interview that officers found the bag in a bush and not on his person.  That was an example, Robinson said, of the defendant minimizing his responsibility for his actions. 

Another dealt with Brown's SORA violation.  Brown said, according to Robinson, that he didn't think he needed to register a change of address because he merely moved from one room to another in a hotel complex.  

Defense attorney Joseph Lobosco said his client did accept responsibility for his actions and suggested that Robinson was mischaracterizing Brown's interview with probation officers. He said the interview took hours, and the report didn't include direct quotes from Brown but paraphrases from officers written after the interview.

Brown said it was unfair of the ADA to he didn't accept responsibility for his crimes. 

He said there was the DNA of three other people on the gun but not his.  He also complained that a confidential informant used in the drug sales investigation was facing six criminal charges, which wasn't disclosed, he said. 

"I take responsibility for what I've done, and I don't make excuses," Brown said. "But I don't take responsibility for what I didn't do." 

Cianfrini said she hopes Brown will use his time in prison to better his life, to learn new skills, and reflect on the direction his life has taken.

"You could do something worthwhile with your life," she said.

On the SORA violation, Cianfrini sentenced him to 2 to 4 years in prison. On the attempted criminal possession of a weapon conviction, seven years in prison. On the criminal possession of a controlled substance conviction, 10 years in prison.  All sentences are to be served concurrently.

Previously:

• Le Roy man in 'shots fired' case accepts plea deal
• County ADA offers seven-to-eight-year sentencing deal to LeRoyan facing numerous felony charges
• Criminal cases against Le Roy man, including 'shots fired' case, hinge on missing video evidence
• BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

A Grand Island-based developer has submitted an application to the Town of Batavia to build an 80-unit apartment complex on 9.47 acres of land next to the MedTech Center, part of the MedTech Park, along Assemblyman R. Stephen Hawley Drive.

The location is across the roadway from Genesee Community College.

The land is currently owned by an entity of GCEDC, the Genesee Gateway Local Development Corp.

The name of the complex on the application is Countryside Apartments, and the application was submitted by David Mazur.

The plan calls for six 12-unit buildings and one eight-unit building with 24 three-bedroom apartments, 42 two-bedroom, and 14 one-bedroom, with 36 single-car detached garages.

The total project cost is expected to exceed $12 million.

The application does not include -- which is normal for building applications -- any information about possible construction incentives GCEDC might offer.

The project will require water, sanitary sewer, storm drainage, natural gas, cable, and electric utilities.

The developers are proposing a connection to the existing 12-inch water main with a 2-inch domestic water service and a 2-inch fire service for each apartment building.

The town board approved the land for Planned Unit Development (PUD) in November 2022.

When all the units are rented, the complex is expected to have minimal traffic impact.  On weekday mornings, 9.6 vehicles entering, and 36.1 vehicles exiting.  In the afternoons, 19.4 vehicles entering, and 36.1 vehicles exiting.

The Genesee County Planning Board will review the project at its meeting on Thursday.  The meeting is scheduled for 7 p.m. in County Building #2 on West Main Street Road in Batavia.

A proposed rule change from the Centers for Medicare and Medicaid Services (CMS) could provide Batavia’s United Memorial Medical Center (UMMC) with an additional $8.5 million every year.

Other hospitals across the state would benefit with their own additional funding. The overall proposal, currently under review, could bring an additional $967 million every year to hospitals in upstate New York.

The proposal, if implemented, would deliver a big win for UMMC, whose administrators have long complained Medicare has underfunded them.
The state has a shortage of doctors and nurses. With additional funding, UMMC and other hospitals could pay for more specialists from both professions.

U.S. Senate Majority Leader Chuck Schumer (D-NY) announced the proposal Friday. He said hospital systems across upstate New York have for many years received less than the national average for the services they provide.

Rochester Regional Health (RRH) oversees UMMC. In a statement, company officials predicted good things will come from this extra funding.

“We are optimistic that this proposed rule change would be an important first step on the federal level to address the years of Medicare underfunding we’ve experienced,” according to the statement.
“Currently, RRH receives around $0.84 for every $1 we spend on Medicare patients. Moving forward, we will keep on working with our federal, state and local partners in the fight for fair funding levels so we can continue to provide the high-quality health care this community needs and deserves.”

The Medicare Wage Index rate is used to determine how much money the U.S. government pays hospitals for labor costs when they treat Medicare patients. Each metro area is assigned a rate that dictates whether they receive more or less than the national average for health care labor costs.

Since the 1980s, Schumer said hospitals in the Albany area, for instance, have received only 86 percent of what the average hospital receives to account for wages, which does not reflect that city’s true wages and labor market.

“This means that hospitals from Buffalo to Albany and Watertown to Binghamton, big and small, in rural and urban areas, can get the support they have long deserved,” Schumer said.

“I will use all my clout as majority leader to push CMS to finalize this proposed wage increase, and I won’t stop until Upstate NY hospitals get the full reimbursements they have been denied for too long.” 

Photo of United Memorial Medical Center in Batavia, by Howard Owens.

After years of talking about and studying that Bank Street crosswalk — the one that's arguably a danger zone between Main and Washington — the city has plans to address it during what’s going to be a mighty busy infrastructure time beginning in mid-fall of this year, City Manager Rachael Tabelski says.

The City of Batavia has committed more than $1 million for a project to help reduce the street’s girth and slow down traffic, Tabelski said. A good portion of that amount — $944,943 — will come from a state TAP grant. (See council's discussion about the grant HERE.)

“The Bank Street Corridor Streetscape project was approved as a Capital Project by City Council.  The City received an NYSDOT TAP grant for a $1,113,900 project to re-align curb cuts, narrow the street for traffic calming and examine pedestrian elements such as the crosswalk," Tabelski said to The Batavian Thursday. "TYLynn has been selected by the city as the project engineer."  

Police Chief Shawn Heubusch, per The Batavian’s questions, checked on crash data for the last three years, and “found zero accidents at that crosswalk and only two nearby,” he said.

“There is no way to tell if they are attributed to the crosswalk itself, though. I am thinking they are not due to their locations (one is near the intersection of Main Street, and another one is farther north),” he said Wednesday. “I do not have the ability to pull data for tickets issued specifically for that area, so I cannot get you that data specifically.

“I do not see this crosswalk in particular to be any more or less dangerous than other crosswalks in the City,” Heubusch said. “The issue with this crosswalk is that it is a mid-block crosswalk rather than at an intersection, but it is highly visible, and most everyone that travels that street knows it is there.”

His department does not have any data that supports the crosswalk being “anymore or less dangerous than others,” the chief said. “And I don’t see any others to be a large concern either.”

“I will say that we find, when responding to car/pedestrian accidents in general, that it is a mixed bag of who is at fault. Sometimes it is the pedestrian and sometimes the operator of the motor vehicle,” he said. “I do strongly support removing this particular crosswalk as it is a mid-block crosswalk, but in reality, there is no uptick in accidents caused by it, and if removed, people will cross the street there anyways.”

It's a popular location for crossing the street from the city parking lot, given the locations of the YMCA, the Jerome apartment complex, GO ART! and the Senior Center. 

The city is not the only entity interested in taking action to tighten up the safety along that section of Bank Street. A county Walkability Task Force has been discussing various areas to focus on, and it seems as though the crosswalk — which is directly in front of the Senior Center — is cause for that group’s concern as well.

The task force is planning to have one or more pop-up demonstrations for being safe at this or other crosswalks later this summer. The county’s Public Health Department received a $10,000 grant as part of a Walkability Virtual Academy program to improve, as the name implies, an area’s walkability via safety for pedestrians to do so.

In addition to the TAP grant and related work done for the streetscape, the city also received a water grant of $334,000 from the Northern Border Regional Commission. This funding is for a $418,000 project to replace the 6-inch waterline between Washington Avenue and Main Street with an 8-inch line. 

The water project is expected to start at the same time as construction for the police station, Tabelski said. These projects have been discussed and approved during prior council meetings. 

“Currently, the police station has achieved 100 percent design, and we are reviewing the final bid packages,” Tabelski said. "We have a goal to be out to bid in June, with construction starting mid-fall 2023 or early spring 2024. There will be a tremendous amount of construction activity on Bank Street with the infrastructure improvements and new (police) facility in 2024 and 2025.  

 “All of the projects will be coordinated, and the engineering teams will be communicating,” she said. “We hope to keep both lanes of traffic on Bank flowing as much as possible throughout the duration of construction.”

Record attendance of 70,000 people, the best year in recent history for vendors, the best midway year, and an increase in 4-H participants up from 35 two years ago to 165.

That upbeat news was in Norm Pimm’s 2022 annual fair report for Genesee County legislators; however, this year’s county fair is only expected to be bigger, better, and livelier than ever, the spokesman for Genesee County Agricultural Society said.

“People love our fairgrounds, they love our set-up,” Pimm said during this week’s Human Services meeting. “We have one of the top animal exhibits, at least one of the top three in New York State. That’s what the fair’s all about.”

The fair’s veterinarian went to check on the animals and “couldn’t believe how many we had,” Pimm said.

Ready for the numbers? There were:

• 81 Dairy Cattle
• 80 Goats
• 48 Beef
• 80 Swine
• 65 Sheep
• 204 Horses
• 90 Rabbits
• 155 Poultry
• 18 Cavies

The Empire Classic Youth Sheep Show had 55 participants and 270 entries; the Genesee County Open Beef Show had 75 participants and 190 entries; Genesee County Open Swine Show had 50 participants and 160 entries; Draft Horse Show had 12 six-horse hitch teams from all over the country, the second largest show in the state.

So, what’s coming this summer? Some of it is new, and other features are bringing back or adding to old favorites, he said, such as more remote-control race cars, which will be free for kids, Pimm said. They were “a huge hit last year,” and will be locally sponsored by businesses.

There will be three kids’ days, with entertainment and midway discounts; nightly entertainment throughout the week; a petting zoo; two nights of fireworks; karaoke; the demolition derby and figure eight racing.

The Ag Society continues to invest proceeds into the fairgrounds, including $250,000 of mostly grant funds for electrical and sound upgrades — a work still in progress; upgrades of new siding, roof and furnace to the Kennedy Building; another construction/remodel project in the works for a new Agriculture Education Building; and upgraded wastewater/drainage.

The nonprofit is not dependent and focused merely on the fair and grounds, Pimm said, but also on additional events:

• Six large horse shows booked for this year
• Stockyard Classic Show Series
• Food Truck Rodeo
• A state Junior Beef Producers Show in April

“New, beginning in May … Memorial Day weekend … we’ll have a Stockyard Classic beef/sheep/swine and beef cattle series,” he said. “We’re doing a lot outside of the fair as well, to keep bringing money back to the fair.”

The Human Services Committee approved a resolution for the county to give $11,000 to the Genesee County Agricultural Society, to be used for 4-H judging and premium expenses, fair operations and related costs associated with the 2023 Genesee County Fair.

A resolution will be passed on to the next committee and eventually to the county Legislature for final vote. Funding has fluctuated over the years, with the highest level at $25,000, when the Society requested additional funding to make fair enhancements in 1999 to 2001; and zero funding in 2020 when the Society did not seek funding due to COVID-19.

This year's fair is set for July 22-29. To keep up-to-date on all of the fair events and the main page countdown clock, go to GC Fair. As it stands, there are 77 days, three hours, 11 minutes and nine seconds, no, eight, seven, six ...

Storytime, games, crafts, and hot dogs were all part of the fun of Jackson Primary Reading Night on Wednesday evening, but the highlight of the night for hundreds of clapping, laughing, and screaming school children was Corey The Dribbler.

Corey The Dribbler (Corey Rich) is a former Harlem Globetrotter and eight-time Guinness World Record holder.  After getting the attention of the children with his spectacular ball-handling skills, he shared a positive message about how the students can reach their goals and treat others with respect.

Photos by Howard Owens.

The Batavia Lady Devils Flag football team picked up a big win at home last evening at Van Detta Stadium with a 16-6 victory over Eastridge to remain undefeated at 3-0 in its inaugural season.

Eastridge scored early in the opening half to lead 6-0.  Batavia answered back late in the half when quarterback Julia Clark passed to Nicole Doeringer for a 14-yard touchdown.  Clark scored the extra point on a 3-yard run.

From that point on, the Blue Devils' defense was stout.

"That was the first time all year that a team came out in the opening drive and scored on us," said Defensive Coordinator Aaron Fix. "We haven't been in that position before. And I was really proud of how all the girls stayed composed. They got after it after that, and I thought our aggressiveness, upfront with our two girls that we brought a lot of pressure with, they did a phenomenal job. And our safeties did a great job staying back playing that pass. So it was really a great defensive team effort tonight."

At halftime, Batavia led 7-6. 

After a mistake by Eastridge, when an offense was flagged for holding in the end zone, Batavia added two points on the safety, making it 9-6.

"That was a huge play for us," Head Coach Ben Bucholtz said. "When you get those defensive points, it's a bonus. Our girls were relentless on the defensive side of the ball. That was just an effort play (The player who committed the penalty) had no choice but to hold her or to give up a sack. So either way, it was gonna be a safety. It gave us a lot of confidence coming back out, being able to turn the football around and burn some clock and then punch another one in to seal the win."

Senior Tiarah Banks picked off a pass with three minutes left in the game.  

On the next play, Julia Clark scored on a 39-yard touchdown run, and the extra point attempt was good.  

And the 16-6 score held the rest of the game.

Sophomore Kylee Brennan led the team with nine tackles, and Jamin Macdonald had five tackles.  Julia Clark had 131 yards on the night in passing and running.

The team is 3-0 but there's still the rest of the season to play, Bucholtz noted.

"We have a ton of things to clean up. I mean, these girls are learning every day," Bucholtz said. "We made a lot of mistakes today. To come out on top is a testament to how hard they're working. We're still learning. They're learning, learning, learning. This is the first year of it, so these girls are put on their thinking caps when they get to practice, and they really, really enjoy it."

Batavia Lady Devils' next game is on May 16, at home versus Rochester Academy Charter School, game time 7 p.m.

To view or purchase photos, click here.

Photos by Steve Ognibene.

Tuesday’s lottery drawing was the next step in the process of filling Ellicott Station with tenants, the new housing complex in downtown Batavia.

The drawing happened in Savarino Companies’ Buffalo office, and The Batavian followed up with company President/CEO Sam Savarino for details about how it went.

More specifically, we asked how many people were chosen, and how many were singles and families, the income levels and if they were all employed, as Savarino had expressed they would be during a prior interview.

He was not sure what information would be “proper to divulge” about the 55 tenants chosen by lottery and on a waitlist, Savarino said Friday.

“So I have to politely decline your request at this time. It was announced at the event that there would be follow-up for qualifying/vetting pursuant to guidelines,” he said. “It was evident that nearly all 55 identified currently reside in Batavia or (in the) immediate environment.”

The lottery was part of an application and selection process for the new one- and two-bedroom housing complex on Ellicott Street. 

According to the application guidelines, income qualifications meet very low levels that, in some cases, are too high for minimum wage earners, making it seem likely that at least some applicants will fall within Section 8 parameters.

City of Batavia management and City Council members sent a letter to Housing and Community Renewal for reconsideration of current income levels set for Ellicott Station, so that higher salary earners (per the median area income) could be eligible to apply for apartments.

Both sides have talked, Council President Eugene Jankowski Jr. said, but no other details have been disclosed. City Manager Rachael Tabelski has not responded to requests for updates related to the issue.

File Photo of Ellicott Station in an earlier phase of construction, by Howard Owens.

How did you celebrate May 4th, aka, Star Wars Day?  At Foxprowl Collectables on Ellicott Street in Batavia, they celebrated with a visit from The Mandalorian and his fans.

This year's Mr. Batavia, Brendan Burgess raised $2,566.50 for his charity of choice, Volunteers For Animals, during the 2023 annual Mr. Batavia competition at Batavia High School.

In a fierce contest, second place had not one but two winners -- Fabian Vazquez, whose charity of Golisano's Children's Hospital received $1,283.25, below, and Cooper Fix raised $1,283.25 for 
his charity of choice, the Ricky Palermo Foundation.

Ten seniors from BHS competed for the title of “Mr. Batavia” at the 10th annual competition in April, showing off their talents on stage for a panel of judges to choose the top three winners.

Students competed in multiple rounds of the event, and donations raised from ticket sales and direct donations were given to those top three winners’ charities. Since 2013, the annual event has raised more than $37,000 for local organizations.  

Daredevil pilots and acrobatic performers up in the air, fireworks, a love for community, beef on weck, kids and even bumpers in a bowling alley.

Committee members for the Wings Over Batavia Air Show had no problems connecting all of those things as symbols and reasons for bringing an air show back to Genesee County Airport during a presentation to potential sponsors Thursday at Pete Zeliff’s hangar on Saile Drive.

“So Pete used the word community a couple of times in there, and that’s what really these air shows are all about, community; it really is a community event,” air show veteran and consultant Dennis Dunbar said to a group of about 50 people. “When I go bowling I ask for those bumpers to go in the gutters, and I’m kinda like those bumpers because I’m just trying to help the local community keep the ball going down the alley straight. And it really is a community event put on by all the work of the volunteers and everybody here is local that’s doing it. so I’ve never really compared myself to bumpers in a bowling alley. That’s actually pretty good.”

With Dunbar’s guidance and a committee led by 14 chairpersons overseeing the various components of this event, from traffic control and concessions to security, marketing, sponsorships and performance acts, Zeliff feels good about the progress being made, he said.

He and a handful of committee members went to a series of related trainings in Las Vegas, and brought back useful details about orchestrating the event that's set for Labor Day weekend, they said.

County Highway Superintendent Tim Hens said that his primary goal was to “protect the county.” He sought out information related to security and liability issues to ensure that Genesee County would be on safe legal ground throughout the show.

He also mentioned the “three Ts,” though the committee added a fourth one, that have become a crucial and practical focus. Committee member Eve Hens, Tim’s wife, also attended the training, and spoke in more detail about the four “Ts” to make the airshow a “safe, enjoyable event.”

Traffic — it’s important to control traffic and keep it moving so that visitors are not stuck in a line waiting to park.

Trash — nobody wants it flying around mucking up the grounds.

Toilets — have plenty of them and easy to locate, but not disrupting a nice visual.

Tickets —they should be accessible and easy to purchase.

Mundane, perhaps, but all part of a successful event, per those training seminars. 

Eve Hens emphasized these details to potential sponsors being asked to consider donation levels of $1,000 to $50,000. There were brochures with perks listed for certain levels, such as free tickets, sponsor promotions, plane rides with an air show performer, and an exclusive chalet for guests.

And everyone will look up and what will they see? Matt Younkin Beech 18, P-51 Demo Team Mad Max and Little Witch, Jim Peitz One-of-a-Kind Bonanza, USAF A-10 Thunderbolt II Demo Team, to name a few. 

Dunbar described it, beginning in the daytime and going through twilight hours and into the night, the action culminating with a big pyromusical, he said. That’s a fireworks display choreographed to music.

“You're gonna see things in the show that most of you haven't seen before. We have, like Pete mentioned, some of the best performers in the business as far as entertainment goes. These are the folks that practice and make a living out of this. They're as safe as we can get in this business. And that's important to us, too. We have this show, we want to inspire folks,” Dunbar said. When I went to my first air show, I was 10 years old. I had an uncle who flew in World War Two, but he never talked about it. So I had no aviation in my family. And I went to my first air show, and I was so inspired by what I saw, that I knew right then I wanted to be a pilot and I wanted to put on air shows.”

One truth he has discovered is that, while it’s hard to find true heroes nowadays, because celebrities and sports stars “have a tendency to let us down,” the air show people are different, he said.

“The folks you are going to meet at the air show, and your kids are going to meet, the kids in the community you're going to meet here, they are true heroes that are great role models and folks that aren't going to let those kids down and they're going to set those kinds of lasting memories and maybe spark that passion in them, and that's going to take them places in the future. So maybe one day they can compare themselves to bowling alley bumpers,” he said. “I think you're gonna find yourself being more than just sponsors, you're going to take ownership in this event and you're going to feel part of something special. You're part of a team that's really bringing something back to the community. And that's something to be proud of.”

For Zeliff, his inspiration — or, rather, aspiration — to bring back the air show is “the kids,” he said. He enjoys seeing the expression on kids’ faces when they see and get to go inside of a plane, and how planes have impacted many of their lives later on after attending his youth airplane camp.

Founded several years ago, the camp takes only 10 kids a year and fills up nearly as fast as it takes to open up enrollment. This year he has added an essay portion to the application, Zeliff said. Participants have come from all over the country, and the camp has produced several military pilots.

Those lessons have proven to kids that something so seemingly out of their grasp was attainable: they can learn to fly, he said.

Zeliff wasn’t one of those kids. Although his personal experience hasn’t been one of nostalgia from his own childhood, Zeliff said that’s his primary inspiration.

He was only prompted to fly once he found himself traveling so much for work, he said. That was in the early 2000s, and he has been airborne ever since. Zeliff attended various air show-related training sessions in Las Vegas and his focus was on the big picture. He knew about air shows, but had never put one on from start to finish.

He had to learn all the ins and outs of obtaining performers, and especially — what spectators want.

“They come for one reason and one reason only,” he said. “They want to be entertained.”

In those humble beginnings when he thought,”what’s the big deal, we’ll just put on an air show,” he had much to learn, he admitted. There are several components to it, from traffic control and security to seating, restrooms, concession stands, sponsorship amenities and every possible detail in between.

There will be some varieties of typical carnival foods, such as hotdogs and hamburgers, plus local fare, perhaps beef on weck, and other concessions, plus beverages and some of them on tap.

The projected budget goal for Wings Over Batavia Air Show is $600,000, with $100,000 raised to date, Zeliff said. He believes this is going to be a huge event in the entertainment sense, and also in its impact for the community.

There are some 200 volunteers signed up to help, and the committee could use 200 more, he said. 

The two-day air extravaganza is expected to draw 10,000 to 20,000 people to Genesee County.

For more information, go to Wings Over Batavia.