batavia

Press release:

The Batavia Police Department is investigating an assault that occurred near the railroad tracks at the old Jackson Street Bridge at 9:04 p.m. on Thursday, May 12.

The victim was attacked by multiple individuals who may have been known to the victim. The victim was treated and released from UMMC. Above are photos of persons of interest.

Anyone with information pertinent to the investigation can contact Det. Mart at (585) 345-6372. There will be no further detail released at this time due to the ongoing investigation.

Chevaughn D. Hanson, 22, of East Main Street, Batavia, is charged with obstruction of governmental administration. Hanson was arrested at 7:30 p.m. on May 8 following a large altercation on Liberty Street in the city wherein Hanson allegedly pushed a Batavia Police officer, who was attempting to separate those involved. Hanson was issued an appearance ticket for City Court for May 27. The case was handled by Batavia Police Officer Mitchell Cowen.

Sarah L. Marcello, 24, of State Street, Batavia, is charged with disorderly conduct. She was arrested after city police responded to Liberty Street at 7:30 p.m. on May 8 for a report of several people fighting in the street. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Corina M. Gallo, 25, of Edward Street, Batavia, is charged with disorderly conduct. She was arrested at 7:30 p.m. on May 8 after she allegedly was involved in a physical altercation in a public area. She was issued an appearance ticket for City Court for May 17. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Arick Perkins.

Jessica L. Shannon, 19, of Ellsworth Avenue, Batavia, is charged with harassment. She was arrested at 7:30 p.m. on May 8 following an altercation of Liberty Street in the city. She allegedly had unwanted physical contact with another female. She was issued an appearance ticket for City Court for May 17. The case was handled by Batavia Police Officer Mitchell Cowen.

Paul M. Wieclaw ll, 27, of Ellicott Street, Batavia, is charged with endangering the welfare of a child and third-degree assault -- recklessly causing physical injury. He was arrested at 4 a.m. on May 8 following an incident wherein he allegedly pulled a female to the ground by her hair, which resulted in a laceration to her left ring finger. He was jailed on $1,000 bail and was to appear in City Court on May 9. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.  Also, it was determined on May 8 that Wieclaw had an arrest warrant out of City Court from January 2013 for a parking ticket for parking on a city street between the hours of 2 and 6 a.m. when it is unlawful to do so. That case was handled by Batavia Police Officer Arick Perkins, assisted by Officer James DeFreze.

Anthony Sanders, 34, of South Main Street, Batavia, is charged with second-degree strangulation, endangering the welfare of a child, and obstruction of government administration, 2nd. He was arrested at 6:30 p.m. on May 7 on charges stemming from an incident at 3 a.m. on May 3 wherein he allegedly strangled a female on South Main Street. He was jailed and due back in City Court May 9. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Julie L. Dutton, 21, of Central Avenue, Batavia, is charged with fourth-degree grand larceny. The charge stems from an incident at 8:57 p.m. on April 21 wherein it is alleged that Dutton took about $2,700 in cash from another person on Washington Avenue without having the right to do so. She was to be in City Court on May 10 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Kyle Robert Ratulowski, 20, of Route 5, Batavia, is charged with petit larceny. He was arraigned in City Court on May 11 on a petit larceny charge for allegedly stealing property at 1:30 a.m. on April 13 from a vehicle while it was parked on Veterans Administration property. He was returned to jail, where he is incarcerated on a variety of other theft charges. He is to answer this charge in Genesee County Court on May 24. The investigation was conducted by Sheriff's deputies Ryan Young and Andrew Hale and Investigator Bradley Mazur. The Genesee County Sheriff's Office was assisted by Batavia Police Officer Jason Davis.

Donovan A. Forbes, 26, of Maple Street, Rochester, is charged with operating without lights, first-degree aggravated unlicensed operator, and unlicensed operator. He was arrested at 2:28 a.m. on May 8 on Harvester Avenue in the City of Batavia. During a traffic stop for operating a vehicle without headlights, it was found that Forbes was allegedly driving on a suspended, non-driver ID, with 20 suspensions on 10 dates. He was jailed without bail and ordered to return to City Counrt on May 9. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Peter Flanagan.

Michael J. Witkowski, 29, of Cherry Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested May 10 after allegedly punching a car window at 10 p.m. on April 30 on Cherry Street, causing it to shatter. He was issued an appearance ticket for City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Andrew A. Crimes, 44, of Bank Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction for criminal contempt. Crime was arrested at 6:19 a.m. on May 10 for an unspecified incident which occurred at 10:09 p.m. on May 9 on Bank Street. He was jailed without bail and was due in City Court later in the day on May 10 to answer the charge. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Rajea S. Thomas, of Concord Street, Rochester, is charged with speeding and second-degree aggravated unlicensed operation. Thomas was arrested following a traffic stop at 5:59 p.m. on May 8 on East Main Street in Batavia. Thomas was allegedly speeding and found to be driving on a suspended NYS driver's license. Thomas was to appear in City Court on May 9. The case was handled by Batavia Police Officer Mitchell Cowen.

Edvin M. Hernandez, 40, of Reprise Terrace, Rockville, Md., is charged with third-degree aggravated unlicensed operator. He was arrested following a traffic stop at 9:01 p.m. on May 7 on East Main Street, Batavia. At that time, he was allegedly driving with suspended NYS driving privileges. He was released from custody after posting bail and to to be in City Court on May 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Steven J. Snyder, 26, of Northview Park, Attica, is charged with unlawful possession of marijuana and inadequate/defective headlamp. Synder was arrested at 8:49 p.m. on May 6 on South Swan Street in the City of Batavia following a traffic stop after it was observed that the passenger side headlamp was not working. Subsequently, it is alleged that Snyder was found to be in possession of marijuana. He was issued at appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Patrick M. Viscuso, 52, of Vernon Avenue, Batavia, is charged with two counts of uninspected motor vehicle, and illegal parking. He turned himself in on May 9. He had three active warrants for his arrest, all from parking infractions. He was released from custody after paying his fines, which dated from September 2004, October 2004 and February 2005, respectively. The case was handled by Batavia Police Officer James DeFreze, assisted by Sgt. Dan Coffey.

Nicholas D. Martino, 35, of Main Street, Alexander, was arrested at 9:57 a.m. on May 6 on a bench warrant out of City Court following his failure to appear on a traffic summons issued in November 2014 on West Main Street, Batavia. He was to appear in City Court May 9.  The case was handled by Batavia Police Officer Mitchell Cowen.

Jordan M. Love, 25, of Walnut Street, Batavia, is charged with failure to appear. Love was arrested on a City Court warrant after failing to answer a traffic summons for allegedly operating a vehicle with a suspended registration on March 18. Love was released after posting bail and is to be in City Court on May 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Are you a runner? Walker? Competitor? Community volunteer? Join us for the Tonawanda Valley Federal Credit Union inaugural 5k/10k on Saturday, June 11th, 2016 to benefit high school seniors in Genesee County. TVFCU will be awarding scholarships to seniors in our Jr. Banking Program to help them further their secondary education. Are you in? Want to join the fun?
Sign up to run, walk, or volunteer at our website: www.tvfcubatavia.com click on the 5k/10k logo on the left hand side and then follow the instructions on the landing page to register to participate. Race fee is $25 from now until May 25th and a race t shirt is guaranteed. After May 25th, race fee is $30. See you at the race!

(Two doses of Narcan, a medication used to reverse opioid overdose, with a nosepiece applicator are kept in every road bag at the Batavia Police Department.)

Jenna Brown was an honor student and captain of the cheerleading squad at Elba High School. Like any typical teenage girl, Brown wanted to fit in so she drank and experimented with drugs to get her peers to like her. She found partying to be empowering and never thought addiction would happen to her. Although she had a lot of friends, she felt alone.

In 2012, she graduated from high school and went off to Alfred State College to get an associate degree in Nursing. Everything seemed to be fine until she went through a bad breakup during her first year. She was shattered inside and didn’t know how to cope.

Brown’s mom, Kathy Miller, noticed some changes in her daughter’s behavior but just thought she was trying to find her way.

“She would call at all different times, sometimes crying, sometimes homesick, sometimes sounding lost and sometimes happy,” Miller said. “That first semester was chaotic.”

In an attempt to make new friends, Brown started partying again and met a guy. After hanging out with him several times and watching him make frequent trips to the bathroom, she discovered he was using heroin. By then her drinking was out of control and she was curious about using. The guy helped her inject her first hit of heroin.

“I loved it and hated it at the same time,” Brown said. “I hated it for the way it physically made me feel but mentally it was the solution for me. It helped take away the loneliness. When I did heroin, I didn’t care about being alone.”

Heroin use has more than doubled among young adults ages 18 to 25 in the past decade according to the Centers for Disease Control. The 2013 National Survey on Drug Use and Health stated 2.4 million people abused or were dependent on opioids including heroin and prescription painkillers. Opiates are drugs derived from the opium poppy. Opioids are synthetic or semi-synthetic drugs that are manufactured to work in a similar way to opiates. The term opioid is used to describe the entire class of opiates including natural, synthetic and semi-synthetic.

Over the last few years, Genesee County has seen the opioid epidemic on the rise. Genesee Orleans County on Alcoholism and Substance Abuse has about 100 patients on Suboxone, a medication used to treat opioid addiction. Approximately one-third of individuals in Genesee County Drug Treatment Court are opiate dependent.

(Nicole Desmond, drug court treatment coordinator, Judge Robert Balbick and Jeffrey Smith, project director for the 8^thJudicial District.)

“We have been doing treatment court for 15 years,” said Judge Robert Balbick, who runs Genesee County Drug Treatment Court. “Opiate addiction has changed the way we look at treatment because we’re dealing with a deadly situation.”

Due to the high risk of overdose, quick access to treatment is crucial. Throughout the program, Nicole Desmond, drug court treatment coordinator, strictly monitors participants’ progress by getting weekly updates from them and issuing random drug testing. The program lasts an average of 18 months. If participants relapse, the team takes immediate measures to get them into inpatient treatment to prevent overdose.

In 2015, 15 deaths were caused by drug-induced overdoses in the county according to the Genesee County Health Department. Prescription opiates were used in combination with other prescription drugs and/or illicit drugs that contributed to at least six deaths. An illicit opiate was used in combination with prescription drugs that contributed to at least two additional deaths.

“Heroin is increasing steadily to the point where now we are dealing with overdoses,” said Det. Sgt. Todd Crossett at the Batavia Police Department. “It’s all over and it’s become a lot more dangerous than cocaine was because it’s being laced with synthetic fentanyl which you don’t know what you’re having until you inject it and it’s too late.”

Drug dealers cut the heroin with fentanyl, the strongest opioid used for medical purposes, to increase the potency. This deadly trend has led to a recent surge of overdose deaths. Batavia police officers carry Narcan, a drug used to reverse opioid overdose, in their cars. When they respond to a potential overdose call, the needle is often times nearby in the presence of fentanyl.

“If they have gotten fentanyl in the drug the needle may still be in them because fentanyl is so fast acting they might not have been able to put the stuff away,” Crossett said.

(Todd Crossett of the Batavia Police Department with the supplies bag that every road officer carries in their car.)

Andrew London, a 24-year-old recovering alcoholic and opioid addict, recently lost a close friend to a heroin overdose. She passed away a month before he could give her a tree of life necklace he bought her for Christmas.

“As soon as you see someone close to you use and die, it hits you,” London said. “It was one of the saddest things I have ever experienced.”

London has been convicted of two DWIs and has been receiving treatment on and off for alcohol addiction since he was 18 years old. He became addicted to opioids after being prescribed hydrocodone for back pain in August 2011. As a result, he started misusing the painkiller and violated his probation.

“Drugs don’t discriminate,” London said. “Overdoses can happen to anyone.”

In particular, however, women, the privately insured and people with higher incomes are those with the highest increase in heroin use according to the CDC.

“This is truly a white middle-class problem,” said John Bennett, executive director at GCASA. “We are not talking about street junkies anymore. Many addicts function like normal people.”

For a while, Brown, the 21-year-old recovering heroin addict, was able to maintain her addiction and continued getting good grades. She was playing two different people and no one had any idea that she was a heroin addict. However, on the inside she hated herself.

"Advances in Psychiatric Treatment," a medical journal, report 48 percent of opioid users have experienced depression at some point in their lives.

“One of the biggest things with addiction that people don’t understand is that 99 percent of the people that walk through our doors are in some kind of emotional or physical pain,” said Shannon Murphy, director of treatment at GCASA. “To ask them to stop taking it, is like having a raw open nerve.”

Brown’s next high was always in the back of her mind. Her addiction spun out of control after she graduated college in December 2014. She moved back home in Elba and her parents found out she was using. She overdosed several times. Her mom took her to Erie County Medical Center but the doctors sent her back home because she wasn’t using enough bags in a day for inpatient treatment. She attempted to stop using on her own but the withdrawal symptoms were too severe.

“She would try to go through withdrawal but it was awful for her and for me,” Miller said. “She was so thin, so frail and so sickly. Her beautiful blue eyes sunken in and gone, replaced by lifeless empty sockets. She had such pale, bluish-gray skin.”

Brown was ashamed for putting her parents and siblings through everything. However, she was afraid to get sober because she never thought she would feel good.

“People always tried to scare me into getting sober,” Brown said. “I wasn’t afraid to die. I was afraid of suffering. It got to a point where I either continued to kill myself or get help.”

She was tired of feeling sick and determined to try for something better. She started going to outpatient treatment at GCASA and was put on a waiting list for detox treatment at the Horizon Village Terrace House in Buffalo.

“I woke up at three in the afternoon and I was going to get high at four when my mom told me there was a bed available,” Brown said. “It was heaven to my ears but nails on a chalkboard. There is something taunting about knowing you could get high in an hour or be saved in an hour.”

In October, she completed the detox and started a 28-day inpatient rehab program at the Terrace House. During inpatient, she started taking Vivitrol, an injectable medication to prevent relapse for opioid dependence after detox.

Vivitrol is a trade name for naltrexone, one of the medications approved by the Federal Drug Administration to treat opioid addiction. The medication attaches to opioid receptors in the brain and blocks pleasurable feelings associated with opioids and reduces cravings. The blocking effect decreases over time so addicts must receive the shot each month by a healthcare professional. While receiving the medication, the addicted individuals cannot be using opioids or severe sickness and death may occur.

A more common medication is buprenorphine, an opioid partial agonist. The medication can produce opioid effects but the effects are less than a full opioid agonist such as heroin. Buprenorphine binds to opioid receptors in the brain and blocks the effects of other opioids that may be present in the bloodstream. Low doses allow addicts to stop misusing opioids without having withdrawal symptoms. If dosing is not heavily monitored, it can be easily abused.

Suboxone is one of the prescription formulas with buprenorphine and naloxone, medication used in Narcan. The daily medication is a digestible film that is dissolved under the tongue.

“We have patients who have been on it for years that say they don’t expect to ever get off this,” said Cheryle McCann, RN at GCASA. “As long as they have a prescriber who can take over for us, we don’t have a problem with that. It’s like someone who is on blood pressure medicine.”

However, finding a doctor who is willing to take a patient with a history of opioid dependence is difficult. There are currently three prescribers in the county.

“The biggest problem I see in our county right now is there are not many doctors in our community that will prescribe buprenorphine,” McCann said. “The DEA regulate buprenorphine more stringently than they regulate the prescribing of opioids. An opioid can be prescribed by a physician, nurse practitioner, physician assistant and dentist. But buprenorphine can only be prescribed by a physician.”

According to Bennett, about 35 percent of their patients struggle with Suboxone so they offer Vivitrol as another option. In the future, he would like to get the treatment facility licensed to be a methadone clinic.

“Medicated assisted treatments are misunderstood by communities,” Bennett said. “Law enforcement and judges don’t always believe patients are clean while on the treatments. We need to look at opiate patients like heart or diabetic patients and support their treatment. Patients with addiction have better compliance with medication than patients with other diseases.”

(Cheryle McCann and John Bennett of GCASA sit on the bench where patients receive their monthly Vivitrol shots.)

In addition to the medicated assisted treatment, countless meetings, counseling, advice from other recovering addicts and faith in God taught Brown how to live day to day and helped her set a good foundation.

“At the end of the day I’m still a recovering addict and one drug away from being high,” Brown said. “Any day clean is a miracle.”

Once Brown completed the 28-day rehab program, she went to Horizon Village, a long-term residential rehab center, for three months. From there she moved into Casa De Vita, a halfway house, and made friends who she could call on all hours of the day and night. This was the first time she realized her friends genuinely cared about her wellbeing. Her mom also started attending Nar-Anon, a support group for families struggling with addiction in Batavia, to learn how she could support her daughter’s recovery.

Miller and Donna Rose, a mother whose son is addicted to heroin, will be hosting a heroin town hall meeting for parents of addicts at 6:30 p.m. May 17 at  Genesee Community College. The meeting will focus on treatment costs and denial of insurance for recovering addicts.

“I learned nothing I do will cure her disease but I can choose for myself to stay healthy, supportive and loving,” Miller said. “Everyday I’m thankful that Jenna is alive and I try to learn something that will prevent someone else from using. We need more heroin awareness. People need to start understanding the disease instead of judging it.”

Support from family and friends has also been important for London’s recovery.

After completing a 28-day inpatient treatment program at Hope Haven and several months at Atwater, GCASA’s halfway house, London has been clean for seven months. He currently goes to meetings at Horizon Health Services once a week. His pregnant wife and circle of friends he met while in recovery have been significant motivators for him to not relapse.

“I want to be there for my daughter and not have to see her on a visiting floor in jail,” London said. “I don’t want her to see me under the influence of drugs or alcohol.”

​(Andrew London, a recovering alcoholic and opioid addict, has been clean for seven months.)

Brown is looking to the future, too. She recently moved in with her sponsor and is applying for full-time jobs – and looking for an apartment.

“I’m able to look people in the eyes today and be at peace with things that happened in my life,” Brown said. “The greatest thing today is I don’t want to get high and that gives me a feeling of gratitude because I thought that was how to make friends. Now I can love myself and take my flaws as they come.”

Darik R. Orbaker, 23, of 71 Wolcott St., Le Roy, (pictured right) was arrested April 20 by the Le Roy Police Department and charged with one count of aggravated family offense, a Class E felony, based on a domestic complaint. It is alleged that during the domestic disturbance, Orbaker damaged property and obstructed the breathing or blood circulation of a family member and has been previously convicted of one or more “specified offenses” against this or other family members within the previous five years. Orbaker was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of bail. 

Trevor S. Rarick, 21, was arrested on May 8 by Troopers and charged with: unlawful possession of marijuana; driving while intoxicated; refusal of breath screening test; failure to comply with a lawful order of a police officer; and failure to stop at a stop sign. Rarick failed to stop at a stop sign in front of the Trooper at the intersection of Clinton Street and Clinton Park in the City of Batavia. He was stopped on Wade Street and Troopers immediately detected the odor of an alcoholic beverage. Rarick consented to the field sobriety tests, which he subsequently failed. He refused to consent to a breath sample. A scale covered with marijuana residue, a smoking pipe with marijuana residue and approximately seven grams of marihuana were allegedly located inside his vehicle. Rarick was transported to SP Batavia barracks for processing and was arraigned in the Town of Batavia Court and released on his own recognizance. He is scheduled to appear in the City of Batavia Court at a later date.

Meghan L. Daniels, 28, of York, was arrested by Troopers on May 11 and charged with shoplifting and unlawful possession of marijuana. Daniels allegedly took a candy bar worth $1.45, passing all points of sale and attempted to exit the Walmart Store. Troopers detected the odor of marijuana emanating from Daniels. A baggie containing approximately 10 grams of marijuana and a marijhuana grinder containing marijuana residue was allegedly located. Daniels was transported to SP Batavia barracks for processing. She was issued an appearance ticket returnable to the Town of Batavia Court on May 19.

Jenna A. Kavanagh, 23, of Rochester, was arrested by Troopers on May 8 and charged with unlawful possession of marijuana. Troopers detected a strong smell of marijuana emitting from the vehicle when Kavanagh was stopped for speeding on State Route 262. More than three grams of marijuana in multiple plastic vials was allegedly found inside a glass container. Kavanagh was issued an appearance ticket returnable to the Town of Byron Court on May 16 and a uniform traffic ticket was issued for speeding.

Josiah D. Kirby, 22, of Kenmore, was arrested by Corfu Village Police Officer Michael Petritz for unlawful possession of marijuana after a traffic stop for speeding on Route 77. Officer Petritz detected a strong odor of burnt marijuana emanating from the vehicle. Kirby was allegedly found to be in possession of four marijuana cigarettes and a blue glass smoking pipe containing marijuana residue. Kirby was issued tickets and an appearance ticket returnable to the Village of Corfu on June 6.

Julio A. Bautista, 20, was arrested by Troopers on May 11 for trespass after he was warned on two separate occasions not to return to College Village by Security. Bautista was located in the parking lot of the property and was placed under arrest. He is scheduled to appear in the Town of Batavia Court on May 23.

It was the Emergency Response Team's turn to train in the house on Ganson Avenue that is scheduled for demolition in a few weeks. The space gave the team a chance to practice on techniques such as clearing a residence room-by-room looking for a potentially hostile subject.

Previously: Photos: City fire rescue training on Ganson Avenue

Press release:

The Genesee Community College Forum Players Theatre Company, which is an integral part of the College's Theater program, is planning a weekend dance program to benefit the nonprofit organization. Tara Pocock, adjunct instructor, and student Blake Carter will present several dance performances the weekend of Friday, May 13 through Sunday, May 15, in the Stuart Steiner Theatre on the GCC Batavia Campus.

Carter, a Batavia native, has choreographed a dance called, "Ring Around the Rosie," which tells the horror story of a young boy and his mother who move into a house with a dark past; a house infested with demons who want one thing... the boy. Due to some adult language used in the production, anyone under the age of 16 must be accompanied by an adult.

There will be two opportunities to catch the event, 7:30 p.m. Friday, May 13, 2016 and 7:30 p.m. Saturday, May 14. Tickets are just $6 and all proceeds from the shows benefit GCC's Forum Players Theatre Company.

Then on Sunday, "Spring into Love," an hour-long production will be presented by the dance troupes of Anastasia's Spotlight Dance in Churchville. The performance will be choreographed by Stacy Bechtold, studio owner and director, and Pocock. The performers will be singing and dancing Christian melodies as well as songs brought to Disney by the studio.

A total of 40 students ranging in age from 7-18 years old will take part in the performance that is scheduled at 2 p.m. Sunday, May 15. This event is free, but audiences are encouraged to make generous donations in support of GCC's Forum Players Theatre Company.

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

So says General Manager of the location, Evan Sakeeb.

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

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

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

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

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

Our news partner WBTA contributed to this report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The resident is not a Genesee ARC customer.

Batavia PD is responding.

Press release:

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

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

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

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

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

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

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

by Don Burkel (president, Holland Land Office Museum)

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

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

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

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

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

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

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

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

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

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

The tractor is home safe and sound.

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

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

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

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

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

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

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

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

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

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

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

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

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

The plea satisfies all criminal charges against him.

News partner WBTA contributed to this story.

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

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

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

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

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

The animal shelter is open during these hours:

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