batavia

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.  

Town planners in Batavia heard from multiple Lewiston Road residents about potential traffic issues and a perceived lack of transparency before the board voted to approve a site plan for a new Tractor Supply location.

The site plan approval was the last step in a long process for developers, who are building a location at 8727 Lewiston Road, which will allow the company to close its smaller, older store on East Main Street Road in the Town of Batavia.

Lewiston Road residents expressed concern that the busy corridor already produces a significant number of accidents, a few deadly, and the town is planning too many projects for the area.

"We are not upset about potential growth in Batavia, the potential of people moving into the area, all of those things," said Tanni Bromley. "But these projects that you're bringing affect the people that have lived here for 30 years who are putting equity in the properties that will be affected by these things."

A proposed road that connects Lewiston Road with Veterans Memorial Drive, running behind The Home Depot, has been part of the master plan for decades.  The Tractor Supply project will start to make the first part of that road a reality, with some other potential developer building out the remainder of the road for some future, as yet, unknown project.

The property behind The Home Depot is farmland owned by the Call family.  It is earmarked in the master plan for commercial development.

So is the property on the other side of Lewiston Road, with another road proposal to connect Lewiston with Route 5.

There is also the potential of a solar farm going in near Lewiston Road and the Thruway.

"It doesn't seem transparent to the people affected, because you're not allowing us to know the information ahead of time," Bromley said. "I understand you have a process as far as lead agencies and all of those things that need to be approved. And you have to take it all into account at the same time. Otherwise, the traffic study that you paid for is totally obsolete. It doesn't make any sense to do one traffic study. And then another traffic study when something was already built, because it didn't take into account the other traffic study that might have to happen. It's all connected."

Terry Marshall said, "As everybody's talked about, you can't take each piece at a time. You have to look at the full plan when you're doing these things. This piece of a road here is going to go all the way up to Veterans. Now it's going to go all the way across the street, and it's obviously a very dangerous area. Right now, we're all very concerned."

Other residents raised similar issues.

Board member Steve Tanner noted that it isn't possible to do traffic studies for projects that don't exist.

"I think the issue is we haven't seen any of that, nor have there been any studies that say what that road would look like," Tanner said. "What would be the proposed businesses along the roadway? What kind of traffic? Would they connect to the roadway? What would it do to the traffic that would make improvements required or not required? We don't have any information. I can't show you something we don't have. Is there some sort of plan to put a road there? I don't know. It sounds like there is. It's in the plan, but it might be 10 years from now. How do I study so it might not even ever happen?"

Board Chair Kathy Jasinski said that the board has rules and laws it must follow that limited its ability to act in the way, perhaps, residents expected.

"If we were to turn a project down because we didn't like it, the town could be sued, and probably would be," Jasinski said. "We have to make sure it fits in the comprehensive plan, that it meets all the requirements of the town. And that's what we're here to do. We can't say who can buy land or sell land or any of those things. We're just here to review the projects."

Town Engineer Steve Mountain said that while these potential changes have been on the books for a while, there have also been studies, and there will be more done.

"There are a lot of accidents and the whole corridor of Lewiston Road," Mountain said. "As I mentioned, several meetings ago. We've done a traffic study for just Tractor Supply, but we also have in the works, a full corridor study, which will identify all of those future needs for all the future expansion."

After public comments, Peter Sorgi, attorney for the developers, made his planned presentation in advance on the board vote on the proposed site plan.

He noted the original application for the project was submitted seven months ago, on Oct. 4, and since then, the developers have gone through six required steps, with public meetings all along the way, to get to this final approval stage.

The project has been to the County Planning Board. It received an area variance from the Zoning Board of Appeals. It's been through the environmental review process. It had traffic studies completed. It's been approved for a water hook-up by the county in accordance with the county's Smart Growth plan. 

After his presentation, the board approved the site plan by a unanimous roll-call vote with a contingency for final engineering review.

Press release:

The Batavia Police Department has charged a 12 and 13-year-old with Making a Terroristic Threat from an incident that occurred on April 20. The juveniles were attending Notre Dame High School and made a phone call to a suicide hotline. 

During the call, a threat to shoot up a school was made, with the addition of it happening immediately. Police officers responded to all schools in the county, placing each school in a "lockout/secure" status. 

During a "lockout/secure," no one is permitted to enter or exit the building, but instruction can continue as normal. On-scene detectives were able to quickly determine that the threat was not credible and all schools were released from the "lockout/secure." 

Additional information can not be released in reference to the case as all juvenile matters are confidential.

Press Release:

All residents/businesses and local traffic please be aware that Route 5 between Bank Street and Redfield Parkway will experience traffic delays beginning on Monday May 8, while Verizon will be closing one of the two west bound lanes starting at Bank Street ending at Redfield Parkway. This will be about a two week duration.

When Verizon’s operation gets to Route 98, Route 98 northbound will be closed for one day.

Please contact the NYS Department of Transportation at (585)343-0502 if there are any questions.

Daniel L. Goodell is indicted on two counts of predatory sexual assault against a child, a Class A-II felony. Goodell is accused of committing rape in the first degree and of engaging in sexual intercourse as an adult, with a child of less than 13 years old, in the Town of Alexander sometime between Sept. 6 and Nov. 26, 2010.

Mone N. Wiggins is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, and criminal impersonation in the second degree, a Class A misdemeanor. Wiggins is accused of stealing property valued at more than $1,000 from Ulta Beauty, 4193 Veterans Memorial Drive, Batavia, on Jan. 6.  Wiggins is accused of coordinating the crime with another person. Wiggins is also accused of falsely assuming the identity of another person. 

Angela N. Bennett and Schamya I. Brown are indicted on a count of grand larceny in the fourth degree, a Class E felony. Bennett and Brown are accused of stealing merchandise valued at more than $1,000 from Dick's Sporting Goods, 4180 Veterans Memorial Drive, Batavia, on May 23.

Jacob A. Richards is indicted on counts of grand larceny in the fourth degree, a Class E felony, and of criminal possession of a forged instrument in the second degree, a Class D felony. Richards is accused of stealing property valued at more than $1,000 in the City of Batavia on Oct. 4. He is accused of possessing a forged check from Tonawanda Valley Federal Credit Union.

Lance M. Mercado Sr. is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Mercado is accused of possessing metal knuckles in the Town of Alexander on Dec. 29.

Ethan M. Conrad is indicated on DWI, a Class E felony. Conrad is accused of driving drunk in a 2013 Volkswagon on South Main Street Road, Town of Batavia, on Feb. 16. He was convicted of a previous DWI on April 28, 2021, in the CIty of Batavia.

Jonathan K. Banks is indicted on counts of criminal possession of a controlled substance in the fifth degree, a Class D felony, tampering with physical evidence, a Class E felony, and obstructing governmental administration in the second degree, a Class A misdemeanor. Banks is accused of passing 500 milligrams or more of cocaine while in the City of Batavia on Jan. 31, and attempting to conceal or destroy the evidence.

Jason R. Anderson is indicted on counts of robbery in the first degree, a Class B violent felony, criminal possession of a weapon in the third degree, petit larceny, a Class A misdemeanor, and menacing in the second degree, a Class A misdemeanor. Anderson is accused of stealing by threat of violence with a knife, bedsheets and a bottle from Walmart, 4133 Veterans Memorial Drive, Batavia, on Jan. 23. 

Demetrius W. Richardson is indicted on eight counts of criminal possession of a forged instrument in the first degree, a Class C felony, and one count of petit larceny, a Class A misdemeanor. Richardson is accused of trying to pass two forged $20 bills at Quicklees in the City of Batavia at 1:43 a.m. on Sept. 7., and four more at 4:15 a.m., and again at 4:28 a.m., and at 12:29 a.m. on Sept. 8.

James R. Cooper is indicted on a count of criminal possession of a forged instrument in the first degree, a Class C felony. Cooper is accused of possessing a forged $20 at Crosby's on Clinton Street Road, Batavia, on Dec. 27.

Anthony D. Rossi is indicted on counts of burglary in the third degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Rossi is accused of knowingly and unlawfully entering a building, a shed on Oak Orchard Road, Elba, with the intent to commit a crime within the structure. He is also accused of possessing cocaine.

Raymond M. Hardy is indicted on counts of attempted grand larceny in the second degree, a Class D felony, and criminal possession of stolen property in the fifth degree, a Class A misdemeanor. Hardy is accused of attempting to steal property valued in excess of $50,000 in the Town of Elba on Sept. 16.  He is accused of possessing a stolen motor vehicle certificate of title. 

Gary E. Jackson is indicted on counts of assault in the second degree, a Class D violent felony, resisting arrest, a Class A misdemeanor, obstructing governmental administration in the second degree, a Class A misdemeanor, and harassment in the second degree. Jackson is accused of causing physical injury to a police officer while resisting arrest in the City of Batavia on Aug. 14.

Shelby L. Hall is indicted on a count of grand larceny in the fourth degree, a Class E felony. Hall is accused of stealing a 2002 Chevrolet Silverado valued at more than $100 in the Town of Le Roy on Aug. 10.

Arthur L. Golden is indicted on a count of bail jumping in the second degree, a Class E felony. Golden is accused of not showing up in court as ordered on a felony charge in July.

Ginger is a bit lost, and maybe this kitty belongs to you.  David Austin said the feline had a red collar on when he first spotted the beauty in the area of State and MacArthur.  The collar is gone, but the cat is still in the neighborhood.  He would like to reunite the cat with its proper home.  He can be reached at  (585) 300-3441 or Christina can be reached at (585) 297-3082.

A walkability task force has tentatively put one foot in front of the other and landed at the Bank Street crosswalk between Main Street and Washington Avenue.

The task force, made up of six members of the county that include public health, planning, transportation, Office for the Aging, the Youth Bureau and an elected official, were given an assignment to take photos of various “walkability/rollability” successes, challenges and surprises in Batavia — one of the largest areas for pedestrians — and one spot popped up most frequently, participants Paul Pettit, director of the Public Health Department, and Kaitlin Pettine, communications rep for the department.

“Based on this assignment, one area that we believed walkability/rollability could be improved was Bank Street between Washington Avenue and East Main Street,” Pettine said to The Batavian on behalf of both. 

Backing up to the beginning of this project: It stems from a $10,000 grant to fund a walkability virtual academy for communities to explore and solve issues of poor walkability for pedestrians. 

This involved a training seminar and a photo assignment. Another step is likely to be some type of demonstration, perhaps at the site of the crosswalk, for the potential dangers and safety measures that can be taken, OFA Director and task force member Diana Fox said.

“It would be a pop-up demonstration,” she said. 

One of the problems with that section, with Bank Street itself, is that it is quite wide, and the city may be involved by narrowing the width and “shrinking the distance of the crosswalk,” she said.

“And so the pop-up is being able to do some demonstrations and purchase materials to create different crosswalks and designs to make some green space so that the edge of the curb comes out more so that you have to slow things down,” Fox said during this week’s Human Services meeting. “So that's one of the things that we're looking at doing with that, and creating a whole demonstration. We’ll probably do it by the end of the summer and in September.”

A video was made in May 2019 to promote that very crosswalk and how to ensure safety when crossing. Former City Manager Martin Moore and Former County Manager Jay Gsell assisted folks across the walk, offering advice in a campaign for safety awareness and education, Gsell said.

"We find this intersection is a heavily-used pedestrian traffic area, and there has been too many pedestrians 'near misses' between vehicles and pedestrians," Gsell said. "We said, 'let's make an effort to heighten awareness, and to also start the process to put signs up."

People park across the street, "like they're supposed to," he said, and then proceed to use the crosswalk, as they hope it's safe -- but that isn't always the case. Motorists sometimes blow through the walk without stopping or even slowing down. 

As for the task force's vision, this is all in the conceptual phases right now.

The Batavian asked if members of Healthy Living and GLOW YMCA would be part of this effort, given the brand new campus being built adjacent to the crosswalk.

“Healthy Living/YMCA folks were not involved in the academy, but will be invited to the table along with other interested stakeholders as the process moves forward,” Pettine said.  

Will the entire grant amount go towards the demonstration to be done in downtown Batavia or to be used for various walkability efforts?  
“The goal of the Walkability Virtual Academy (WVA) was to bring stakeholders together to participate in this academy so that we have the foundation for future planning around walkability/movability in our county. We hope that we can bring the knowledge learned to towns, hamlets, and villages to improve the collaboration among partners regarding future designs and plans that relate to walkability and movability,” Pettine said.  “Having this baseline work completed will also position us to be more competitive in future grants to address initiatives throughout the county."

How do you see the money being spent, and is there a chance that some of it could actually go to implement ideas that the task force comes up with?
“The WVA Taskforce is still in the planning process for how the $10,000 will be used. We just completed the academy classes and are in the process of developing an action plan,” she said. “What is written in the action plan will determine what the $10,000 will be used for. The funding could be used for pop-up demonstrations as well as walkability improvements.”

Since this is a federal grant, the task force must meet compliance obligations to receive the funding.

The Batavian reached out to Chief Shawn Heubusch for information related to the Bank Street crosswalk, and this story will be updated when those answers are received. 

To watch the entire video recorded in 2019, go HERE.

Are you a pedestrian in the city of Batavia? What do you think is the most dangerous “walkability” section here? Let us know at joanne@thebatavian.com.

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Genesee County Legislature Chair Rochelle Stein expressed “shock and surprise” today over the circumstances surrounding the profound changes made to the structure and voting parameters of the Western Regional Off-Track Betting Corp.’s board of directors.

On Tuesday night, it was announced that language in the just-adopted state budget includes a bill to dismantle the current 17-member board and revoke the one-person, one-vote arrangement that has been in effect for 50 years.

“I was not of the understanding, quite frankly, that this was going to be part of the budget,” Stein said by telephone. “That to me was a shock and a surprise. It is surprising the policy is so wrapped up in a financial document.”

Stein segmented her thoughts into specific areas affected by the legislation, namely the removal of the 17 current directors, the appointment process, the weighted voting format, the county legislature having to appoint or reappoint the director and the host agreement status of Genesee County, the Town of Batavia and the City of Batavia.

DISMISSAL OF CURRENT BOARD?
“What is even more surprising is that it calls for the immediate removal of the 17 current directors, and the counties will be faced with reappointing or appointing a new director,” she said. “Directors, for counties without executives, would be chosen by boards of supervisors or county legislators.”

Richard Siebert has been Genesee County’s director on the WROTB board for nearly 30 years.

Although the process of selecting a director for Genesee County wouldn’t change, it would have to start from scratch as a result of the new provision.

“When we get the bill back, the bill itself, we will work with our county attorney to ensure that when actions must be taken, we will have to comply with the law,” she noted. “That’s number two.”

The third point she addressed is what she called “the incredible change to a weighted voting (system).”

“If my math is correct, 62 percent of the vote will be held by Monroe and Erie counties and the cities of Rochester and Buffalo,” she said. “What means to me is that an organization that is returning funds back to its owner municipalities – and is proven to be highly successful – … will see a reduction in the influence and the leadership and guidance that has proven valuable for this organization to grow …”

Stein said that the county has reaped exponential returns from the initial $23,000 investment it made in 1974 to buy into the public benefit corporation.

“I know that this county has been well benefited by those returns,” she said. “And we in Genesee County are more impacted because we currently have host agreements with the Downs as we provide to the entity fire, public safety, highway services. Since OTB is a non-taxpaying entity for property taxes. So, these three communities -- the county, town and city -- receive a host benefit.”

A POLITICAL POWER GRAB?
Stein, echoing several Republican state representatives, called the bill “a power grab.”

“It’s so political, and it has been so toxic because of certain individuals,” she said. “The rest of us still have to maintain a decorum where we can get business done at the Downs and at OTB because record profits have been shared out to counties.”

She noted that revenue is shared through a “home rule” statute that was passed many years ago by the state legislature and approved by the governor. 

“All that could change, but I hope it doesn’t,” she added.

The legislature chair also said she was disappointed that the county’s representatives in Albany were unable to read the bill beforehand.

“George Borrello and Steve Hawley were not able to read that bill until after it was passed. So again, the three people in a room (actually two men and Gov. Kathy Hochul) have not served us well at all here in New York State,” she said.

Stein also spoke about the state Comptroller’s audit that found deficiencies in certain areas that triggered State Sen. Tim Kennedy’s push for board restructuring.

“OTB is just like any other public entity,” she said. “They’re audited. There are deficiencies found. The organization has an opportunity to address the deficiencies and to improve or change aberrations.

“That's exactly the same behavior pattern that we have in our local governments that the OTB just underwent, and they certainly have taken those deficiencies, and they've corrected them. They took those words and made themselves stronger, better and more resilient.”

SEN. KENNEDY’S STATEMENT
The Batavian sought comment from Kennedy today, but his media manager said he was unavailable today.

She did email a statement from him, however:

“We talk a lot in the state legislature about prioritizing accountability and transparency - about rooting out corruption. Last night, we created an opportunity to deliver on that. From audits to investigations, the Western Regional OTB has been plagued with a pattern of mismanagement and misconduct for years, and a slap on the wrist isn't going to fix this behavior long-term.

“By including a reform I've sponsored to restructure the OTB's board in this year's budget, we're introducing an opportunity for fair representation that serves the public good. This is a common-sense, good government policy, and it's a reflection of the real, meaningful work we continue to advance on behalf of Western New Yorkers.”

Stein took exception to the use of the word “corruption.”

“That's a really strong word. The value that we have in our rural county representatives is that actually most of them know how to run a business. So, they have been sharing their expertise and guidance for years, which has proven beneficial to the off-track betting, to Batavia Downs, to the plans to grow the opportunities here in Genesee County.”

RETALIATION IN PLAY?
She also said the bill reinforces the perception that “only New York City matters to the powers-that-be in Albany.”

“For the state only to look at Western New York when there are four others (OTBs) really makes this smack of retaliation, it makes it smack of It makes it smacks of a power play. For an organization that is returning funds back to its member counties, it is throwing away years of guidance and leadership and business development at OTB and the Downs.”

Stein concluded by recalling something that Siebert said to her about the merging of Batavia Downs and WROTB.

“One thing that Mr. Siebert told me a long time ago was when the racetrack was approached by OTB to join together, they were very concerned about where their representation might go,” she said. “Well, today's the day it happened. And I can't respect the process that this went through. In my view, it is completely unfair and totally unnecessary.”

Nothing like the smell of burnt shopping cart to go with your morning coffee.

That was just one of several teasers thrown online to pique viewers’ interest during these past four months of preparation for a surprise exhibit on the city’s east side.

Considering the involvement of artists, sponsoring businesses, with the lead being GO ART!, and Harvester Center LLC serving as host, this project has been kept under wraps fairly well. 

That is until now, when founders Brian Kemp and Mary Jo Whitman decided it’s time to announce:  Enter Through The Coffee Shop @ The Harve.

“So Brian came to me with this idea, he was like, ‘We should take over an industrial space and see what we can do.’ And you know, Brian always has a lot of ideas. And the next day, he said, can you meet me at the Harvester in 30 minutes? He showed me the room, and he's like, ‘You want to do it?’ I'm like, ‘All right. ‘And that's how it started,” Whitman said.

While that may sound like a rather calm beginning, it has been anything but ever since they temporarily claimed the 7,000-square-foot space at 56 Harvester Center in January.

Rectangular in shape, with long rows of windows for ample natural sunlight, it’s a space easily accessible through The Pub Coffee Hub, owned by Rob Credi.

Kemp and Whitman put the word out for artists, and the walls have been gradually bleeding color with brilliant murals and 3D sculptures, while the room's footprint has been carpeted with the shell of a red car, artwork and the makings of a bar area. 

Is it an art exhibit? A gallery? A space for mingling and reflection while enjoying refreshments and listening to live music? Or perhaps a new avenue for artists to publicly expose their creations? Yes, yes, yes and most certainly, yes.

One other possibility, of course, is that it also brings people over to Harvester Center, which seems to be getting more buzz as a growing business center again. 

The Harve’s debut will be with an opening reception from 5 to 11 p.m. June 3, and a VIP invitation-only event the evening before.

Step into the capacious room, and it’s hard not to notice the sweeping mural of a blonde-haired, vivid blue-eyed doll on one end wall that sits next to a take on the Cheshire cat in a vibrant purple atop red mushrooms in a dazzling, eye-catching still vignette. And all of it was painted by Dan Butler in an astounding four days.

Across the room in a corner is Kemp’s studio, filled with various materials and about 20 works already done.

“It’s been cool having this much space,” he said. “I have 10 more things I’m working on.”

On one wall is Whitman’s sculpture-in-progress. It seems fitting, given a prior disclosure, that she often leans toward darker works of art. 

A big black puff of clouds stretched along toward the top of the wall, with two people dressed in black below, and one of them with a shopping cart — painted black — against the wall. It actually rains, and the clouds have lightning, she said.

From those early moments of walking into such an expansive space, she and Kemp didn't really fumble with ideas of what to do or how to go about bringing their collective visions to life, they said. 

“It’s absolutely amazing how everything has just fallen into place. Rob’s extending his hours when we’re open Fridays and Saturdays in June,” Whitman said. “We just started asking questions. There was a BBC documentary, ‘Exit Through the Gift Shop,’ so it’s a parody of that, ‘Enter Through The Coffee Shop.'

“It was just perfect clarity based on ‘Exit Through The Gift Shop,’ but kind of an opposite message that you know, instead of commodifying the arts let’s bring the arts to people to help support local business,” she said.

There will be two cars in the show, and they will hopefully be in the demolition derby in July, Kemp said. Having wheels helps with their other vision for the main floor, which brings together street art, graffiti and murals.

“We’re literally going to have the place kind of like a street, we're gonna have little elements of this street scene. Like we're trying to make it look like a street … traffic cones, construction cones, the cars,” he said. “You can just come in and walk around. You can grab a seat. Rob … will be open, so you can grab a coffee or a sandwich. We're hoping to have some alcohol available.”

There are a couple of comfy couches there right now for seating, and tables and chairs will be moved from The Pub Coffee Hub for exhibit patrons, he said. They have booked four acts for live music already, with the potential for more.

They’ve worked with about 10 artists, Credi and Jarrod Clark, who manages Harvester Center LLC. Go HERE to stay up-to-date on details.

Photos of Brian Kemp, an artist and owner of T-Shirts Etc. in Batavia, and Mary Jo Whitman, an artist who works at GO ART! in Batavia, at The Harve at 56 Harvester Ave., Batavia, by Howard Owens.