batavia

The man believed to be behind the wheel of a minivan that struck a utility pole on Law Street in Batavia on Nov. 23, causing a widespread power surge on the Southside, surrendered to Batavia PD on Tuesday.

Jeremy Lyons, 38, of Mount Morris, was cited for leaving the scene of a property damage accident and aggravated unlicensed operation, said Assistant Chief Chris Camp.

There's no way of knowing at this point, Camp said, if Lyons was intoxicated at the time of the accident.

Lyons was seen running from the scene of the accident, and an attempt to locate him in the area immediately after the accident, including a K-9 search, was unsuccessful.

The minivan struck a utility pole causing 287 homes in the area of Chestnut Street, South Jackson, and to both the north and south of those streets, to lose power.  The power surge caused electric meters on the outside of dozens of homes to blow out. Contractors in Batavia said they responded to several calls to repair the damage, including to furnaces and HVAC units.  National Grid replaced the electric meters on all 287 houses.

The vehicle Lyons was driving was insured, Camp said.

There is currently no estimate available on how much damage the accident caused to National Grid property and the 287 homes that lost power.

Residents with claims directly related to the power surge can file those claims with National Grid at ClaimsDept@nationalgrid.com or by calling (315) 428-6536.

Photo: File photo of Nov. 23 accident. By Howard Owens.

Jennifer M. "Miss B" Morton, 38, of Driving Park Avenue, Rochester, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and promoting prison contraband 1st, and Angela R. Bateman, 50, of Hutchins Street, Batavia, is charged with criminal nuisance 1st and criminal possession of a controlled substance 7th. As the result of a joint investigation by Batavia PD and the Local Drug Task Force, a search warrant was executed on Dec. 5 at a residence on Hutchins Street, Batavia. Morton, currently on probation related to prior drug charges, was allegedly found in possession of 150 bags of cocaine, and during processing, allegedly entered a secured portion of the Genesee County Jail in possession of cocaine. Bateman, on parole from prior drug charges, is accused of maintaining a premises where narcotics were being sold.  Both Morton and Batement were arraigned and ordered held without bail.

Chad W. Main, 41, of Warsaw, is charged with felony driving while ability impaired by drugs, felony aggravated unlicensed operation, two counts of criminal possession of a controlled substance 7th, obstructing governmental administration, uninspected motor vehicle, unlicensed operator, open alcoholic container, failure to signal, and inadequate plate lamps, and James W. Sherbert, Jr., 49, of Perry, is charged with criminal possession of a controlled substance 7th. Sgt. Mathew Clor initiated a traffic stop on Dec. 2 at 12:41 a.m. on Parmelee Road, Le Roy and upon stopping, Main allegedly fled on foot. He was apprehended a short time later by Clor and Deputy David Moore. Sherbert was allegedly found in possession of two controlled substances.  Main was arraigned and released on his own recognizance. Sherber was issued an appearance ticket.

Herbert B. Gennis, 33, of Raymond Avenue, Batavia and Jason W. Whitehead, Jr., 33, of Bank Street, Batavia, are charged with multiple crimes. It's not entirely clear from the Sheriff's Office which charges apply to which defendant. The charges are criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, criminal possession of a weapon, criminal possession of a controlled substance 7th, criminally using drug paraphernalia 2nd, aggravated unlicensed operation 2nd, operating with an interlock device, and other vehicle and traffic law violations. On Dec. 1 at 7 p,m., deputies Nicholas Chamoun and Kenneth Quackenbush stopped a vehicle on Park Road reportedly driven by Whitehead. Whitehead is accused of driving on a revoked license, without an interlock device, and was in possession of a weapon and narcotics. Gennis was allegedly in possession of narcotics with intent to sell. Whitehead and Gennis were arraigned in Batavia Town Court and released on their own recognizance.

Demetrius W. Richardson, 41, no permanent address, is charged with petit larceny and criminal possession of a forged instrument 1st. Richardson was arrested on three warrants containing four charges of each of the listed charges. He was arraigned in City Court and ordered held without bail.

James W. Cason, 67, of Batavia, is charged with sex abuse 3rd. Cason is accused of subjecting another person to unwanted sexual contact at a location on Bank Street on Nov. 28 at 3 p.m.  He was arraigned in City Court. An order of protection was issued. He was released on his own recognizance. 

Jeannine M. Mobley, 46, of Le Roy, is charged with petit larceny. Mobley is accused of stealing from a business on Jackson Street, Batavia, on Sept. 26 at 9 p.m. She was arraigned in City Court on Nov. 28 and released on her own recognizance.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of stealing from a business on East Main Street, Batavia, on Nov. 26 at 3:19 am. She was issued an appearance ticket and released.

Joshua P. Moore, 32, of Batavia, is charged with harassment 2nd and criminal obstruction of breathing. Moore was arrested following the report of a disturbance at 1:35 a.m. on Nov. 24 at a location on Chase Parkway, Batavia. He was arraigned in City Court and released on his own recognizance.

Julie R. Richardson, 31, no permanent address, is charged with grand larceny 4th. Richardson is accused of stealing a credit card from a parked car outside a business on East Main Street in Batavia on Nov. 17 at 6:30 p.m. Richardson was arraigned in City Court and ordered held without bail. Richardson is also charged with petit larceny. On Nov. 11 at 10:50 p.m., Richardson is accused of stealing items from vehicles at a business on East Main Street, Batavia. 

Christopher P. Robinson, 24, of Amherst, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Robinson was stopped at 2:49 p.m. on Nov. 21 at Batavia City Centre by a Batavia patrol officer. He was ordered to appear in City Court on Nov. 30.

Shyanna M. Williams, 19, of Hamburg, is charged with criminal contempt 2nd and criminal contempt 1st. Williams is accused of violating a stay-away order of protection by contacting the protected party via text message multiple times over several days in November. Williams was arraigned in City Court and released under supervision.

Colleen A. Wisniewski, 28, of Middlebury, is charged with petit larceny. Wisniewski is accused of shoplifting from a store on West Main Street at 11:30 a.m. on Nov. 26. She was released on an appearance ticket.

Charles R. Brown, 47, of Batavia, is charged with criminal contempt 2nd. Brown is accused of violating an order of protection on Nov. 14 at 5 a.m. by talking with the protected party. He was ordered to appear in City Court on Dec. 6.

Kaitlyn Nicole Brooks, 30, of Shelly Road, Livonia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, and inadequate headlights. Brooks was stopped at 6:58 p.m. on Nov. 27 on Ellicott Street Road, Bethany, by Deputy Zachary Hoy. She was allegedly found in possession of Fentanyl. She was issued an appearance ticket.

Joseph P. Gerwitz, 24, of Central Avenue, Lancaster, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. At 4:55 a.m. on Dec. 3, Deputy Jacob Kipler and Deputy Alexander Hadsall were dispatched to Alleghany Road in Alabama to investigate a report of a vehicle parked roadside. When they arrived, they found a vehicle that had crashed into a road sign and the driver was unresponsive at the wheel. Gerwitz was arrested and transported to the Genesee County Jail for processing. He was released on appearance tickets.

David John Conrad, 34, of West Ivy Street, East Rochester, is charged with criminal contempt 2nd. Conrad is accused of violating an order of protection at 8:40 a.m. on Nov. 23 at a location on South Lake Road, Pembroke. He was issued an appearance ticket.

Michael J. Fazio, age not released, of Walworth, is charged with criminal possession of stolen property 4th and petit larceny. Fazio is accused of using a stolen credit card to make purchases at the Kwik Fill in Le Roy in August. Fazio was arraigned in Le Roy Town Court on Dec. 6 and ordered held without bail. He is currently incarcerated in the Wayne County Jail on unrelated charges.

Kevin Wayne Howard, 23, of Lake Street, Le Roy, is charged with driving while impaired by drugs. Howard was located during a property check at the Kwik Fill gas station in Le Roy at 2:37 a.m. on Nov. 28 and taken into custody. He was issued an appearance ticket.

James Junior Santiago, Jr., 43, of Hundremark Road, Elba, is charged with bail jumping 2nd. James is accused of failure to appear in County Court on Jan. 16 after being released from custody on felony charges. James was arraigned and ordered held.

Joseph David Krug, 28, of Somerset Lane, Victor, is charged with bail jumping 2nd. Krug is accused of failing to appear in Batavia Town Court on May 24 after being released on felony charges. He was arraigned and ordered held.

Beth Ann Jeffres, 40, no permanent address, is charged with bail jumping 1st. Jeffres is accused of failure to appear in County Court on Oct. 21 after being released on a Class B felony charge. Jeffres was arraigned in County Court and ordered held.

Carl Thomas Amesbury, 30, of School Street, Batavia, is charged with bail jumping 1st and bail jumping 3rd. Amesbury is accused of failure to appear in County Court on Sept. 29 after being released on a Class B felony charge and in Stafford Court on Oct. 13 on another charge. Amesbury was arraigned in County Court and ordered held.

Donald Brown, 48, of Loomis Street Rochester, is charged with bail jumping 2nd. Brown is accused of failure to appear in County Court on March 9 after being released on a felony charge. Brown was arraigned in County Court and ordered held.

Erik Robert Motquin, 40, of West Main Street, Batavia, is charged with bail 3rd. Motquin is accused of failure to appear in Batavia Town Court on Sept. 13 after being released on a criminal charge. He was jailed on $1,000 bail.

Shana C. Dugar, 31, of Hawley Avenue, Syracuse, is charged with bail jumping 2nd. Dugar is accused of failure to appear in Batavia Town Court on Aug. 30 after being released on a criminal charge. Dugar was arraigned in Batavia Town Court and released on her own recognizance.

Jada Imari Smith, 21, of Mourning Dove Road, Niagara Falls, is charged with criminal trespass 2nd. On Dec. 3 at 8:58 p.m., Smith was located on Genesee Community College property after previously being told she wasn't allowed on the property. She was released on an appearance ticket.

Bryan Paul Bartha, 61, of Boyce Road, Corfu, is charged with driving while impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident.  Bartha is accused of driving a vehicle that struck a utility pole on Boyce Road, Pembroke, at 6:30 p.m., June 27. He was arrested following an investigation on Dec. 7 and issued an appearance ticket.

Keith P. McNaughton, 24, of West Seneca, is charged with driving while impaired by drugs. McNaughton was stopped by State Police at 1:30 a.m. on Dec. 6 and issued an appearance ticket. 

Shawnna L. Lamont, 33, of Perry, is charged with petit larceny. Lamont is accused of shoplifting $19.45 in merchandise at the Dollar General store on Big Tree Road in the Town of Pavilion at 7:50 p.m. on Dec. 3 and was arrested by State Police. She was issued an appearance ticket.

A proposal to increase the salary of the Genesee County coroner would coincide with extra duties, including the transport of deceased individuals when necessary.

A resolution for this measure would add a $200 payment for roundtrip costs of transporting someone who has died and a coroner has been requested. This change and additional stipend are being proposed as an amendment to a local law, County Attorney James Wujcik said.

County Manager Matt Landers elaborated on how the situation came to light.

“This is something that was brought to our attention from communications, law enforcement, public health, as a concern from the coroners underneath them, where we would have resources tied up at the scene for a while while we're waiting for transports, where dispatches would be going through a list and trying to get people to come,” Landers said during Wednesday’s Ways & Means meeting. “And so it was tying up resources. And it was especially the time when we had difficulty with our own resources as they are. We tried an interim step first, Tammi worked with public health to issue an RFP twice. Two times they issued it with hope to find a dedicated transport service vendor that would be doing this. We did not get any responses.

“So after that, the next option was, well, coroners are already there. Can we have them just do the transport,” he said.

There’s been an increased demand for this unscheduled service, he said, and “it really was becoming a challenge to acquire those services.” With an established fee, coroners will know the payment up front when a call comes in, he said.

There will be a public hearing about “providing additional duties and increasing the salary of the Genesee County coroner” next year. It will be at 5:30 p.m. Jan. 4 in the Legislative Chambers at the Old Courthouse, 7 Main St., Batavia.

This is for situations when a coroner has been called to provide the service. When asked by Legislator Marianne Clattenburg how often this has happened, Assistant County Manager Tammi Ferringer said more than a lot.

"So it's about 40 to 50 cases a year that are transported to the medical examiner,” she said.

Legislative Chairwoman Shelley Stein wanted to know if these bodies would be taken to the funeral home or to the medical examiner's office. Ferringer confirmed it was the latter.

“Thank you. I don’t want to be their delivery service,” Stein said.

Anyone interested in speaking during the public hearing may do so during this time.

UPFATE: The entire resolution to be voted on includes prior local laws from years 2012, 2018 and 2021. It states: A local law amending local law number one of the year 2021, as further amended by local law number five of the Year 2018 and incorporating local law number two of the year 2021 in relation to providing additional duties and increasing the salary of the Genesee County Coroner."

Assistant County Manager Tammi Ferringer further explained that, despite what the above passage states regarding salary, "The coroner’s salary will not increase.  The base salary of $2,000, with $100/case and $150/holiday case has been the method of compensation since 2018.  This local law does introduce a phone case reimbursement rate of $50/case.  By law, certain deaths do not need a coroner to physically respond.  However, the coroner may be contacted by a medical facility for consult on the case.  This new rate will allow the Coroner to be compensated for their work in these instances."

After a tour of The McCarthy (a condensed version of David M. McCarthy Memorial Ice Arena sometimes used at the rink) Monday, and noting the newly painted fiberglass benches — in “Rampart Blue” — it was clear that a transformation has been taking place.

Led by ice arena operator/manager Matt Gray and his folks, Bob and Sharon Gray, representing Friends of the Rink, this tour showed off the hard work and diligence it takes to turn around an aging, unkempt facility.

Just ask City Council members. They raved about the differences at the rink during a recent council meeting. Bob Bialkowski noted the work and dedication of Friends of the Rink, while Paul Viele commended the condition of the smooth ice — “it’s like day and night” — and Tammy Schmidt happily reported that she attended a game, and kept warm with working heaters for a change.

Two meeting/training rooms have been carved out of the space and painted an ivory cream. Dark chocolate tiles have been installed on the ceiling, and a storage room with clean white cupboards lining one wall and a granite countertop is gradually turning into Matt’s office. A wall opposite the arena itself has also been painted, with a pale blue and Rampart blue trim — a feat performed by Sharon, she proudly said.

“That was built in 1994, but never painted. In every picture from high school, you see him playing, and here's his ugly backdrop,” she said. “So we painted, that was our first project this year. I painted it, and my grandson did the upper part.”

So far, members of the Friends group have put in 407 hours of hands-on volunteer time at the Evans Street arena. With their prompting, the city tore out a ramp with a huge pothole in it and rebuilt that section used for Zamboni storage.

Matt’s first goals were to revamp the concession area, which has been completed along with the addition of more hot food and install new brighter lighting. He is testing out three lights over the rink before proceeding with a larger purchase.

Rink management, including General Manager Kati Murray and Facilities Manager Adam Reich, is on the lookout for 12- to 16-foot conference tables for the meeting rooms, and Gray plans to have wiring installed with Cat 6 data cabling for integrated WiFi, which will allow for Zoom meetings and connect to a large television and camera — donated by Batavia Rotary — for game replays.

Carpet tiles will be added for its use as a “flex space,” he said, as Sharon added that someone recently hosted a birthday party there.

A future goal may be to serve brews at The McCarthy — sounds like a pub, doesn’t it? Other ideas include opening the rink year-round with roller hockey, and having an open public time for recreational roller skating and blading, Matt said.

When the elder Grays formed Friends of the Rink in 2020, they wanted to improve issues they had noticed over the years. A hockey player asked Bob why he was getting so involved. This is just an ice rink, the player said.

“And I said, ‘Yeah, but why can't it be the best ice rink in Western New York? Then when we get Western New York, we can have the best in the state, and keep going,” Bob said, adding that issues of unwanted running water, a filthy environment and poor communication have hurt the arena.  “I’ve been here throughout the years, and I see a big improvement.”

The Gray couple agreed that they want to see the rink bounce back, and for youth to be able to enjoy it and perhaps make good friends, just as their son and grandchildren have done.

“That's what we're looking for. We're doing it for the kids,” Bob said. “Matt was a big influence when he took over. We worked like busy beavers.”

Sharon added that she fell on the floor crying when she found out that Matt was taking on rink management. He certainly has the experience, having been a rink user for years, and the business acumen as a local entrepreneur of several successful establishments.

When asked if things have changed from years ago, Sharon had a definitive answer.

“Oh yes, 180 percent,” she said.

And sometimes what’s old is new again.

“We're old timers, you know, so this is a way we used to do it. We’d say, 'why can't we do it like that,' and it worked,” Bob said. “You know, we bring up ideas, and they say, ‘Oh, this is a good idea,’ when it was something we did years ago. We're just bringing it back.”

He’s talking as much about the social aspects of the rink and ice hockey as he is about the structural and aesthetic components. Amateur hockey membership had dropped from 425 players to 257 last year, and for reasons that include family busyness, a wide scope of recreational options — lacrosse and soccer are two popular ones — and other distractions for prospective players, all three Grays said.

This is not just a Batavia phenomenon, they said, but a national one of having multiple options of things to do. And, as Bob said, playing hockey is not just something to do, “it’s a lifestyle.”

“Either you’re in, or you’re out,” he said.

His family has been mostly in — since 1980, when Matt was a beginner on the ice. He aged out in 1996, and soon grandchildren laced up. Despite the downturn of participation in recent years, the Grays are “seeing more family involvement.”

That was one of the biggest benefits for Matt when as a kid, he played ice hockey and made friends for life. He was all in, as any avid hockey player is, Bob said. Another reason that may prevent more kids from participating nowadays is the cost. Helmets, protective gear, and sticks can quickly total $1,200 or more, he said. (See related story about equipment donations.)

Friends of the Rink hosted a Try Hockey For Free kids program this fall and will do so again in February. Members are also mulling a similar event for adults.

As for ice play, and related amenities, Matt plans to reconfigure the bathrooms and showers so that space is more equitable for female players.

“We have a checklist of things that we want to get done this year, next year, and the year after. And then there are side things where Bob, Sharon, Friends of the Rink can really help us do that, outside of what we have otherwise,” Matt said. “And staff have been fantastic with, you know, taking on new projects and doing it in between everything else they have responsibilities for, and then they fill in the gaps on different projects.”

Anyone interested in watching a game remotely may do so through LiveBarn, a subscription-based app. Although parents will typically attend in person, that will be a great tool for coaches scouting out the talent, Matt said, and Batavia United coaches John Kirkwood and Marc Staley set up the app.

For more information about the rink and hours, go to The McCarthy.  

Top Photo: Matt Gray and his folks, Bob and Sharon of Friends of the Rink, provide a tour of rink updates and discuss future plans of the Evans Street site; Bob Gray shows the newly painted benches that sit near the concession inside the arena; Matt Gray shows a painted wooden cutout of the Ramparts logo as it sits atop a handmade table in one of the multi-use meeting rooms; ice play in action on the rink.

Sharon Valyear-Gray wanted to make one thing clear: if you're in need of hockey equipment, Friends of the Rink may be able to help.

The nonprofit has six containers and then some of used goods, from skates and helmets to shoulder pads.

What she also wants to make clear -- similar to the sheen on the ice rink at David M. McCarthy ice arena -- is that these goods are available to kids in need to help them enjoy the sport. 

Friends of the Rink has brought back the used equipment and skate collection with the sole purpose to "help make the sport of hockey more accessible to local families," the group states.

After a free trial session, called Try Hockey For Free, Genesee Amateur Hockey Association introduces families to its beginner program of 15 sessions (from October to December) and again from January to March.  This program is sponsored by Batavia's Tim Horton franchise. Thanks to access to free used equipment and skates, "we can help out the families from the initial purchase of hockey equipment and skates," Valyear-Gray said.

"There is always the anxiety of spending that money and then the youngster becomes disinterested," she said. "Now, once again, we have a collection of gently used equipment and skates totally free of charge to ease that financial burden."

GAHA families have generously been donating items after their own children grow out of the items, she said, which include hockey pants, shoulder and elbow pads, gloves and skates. Supplies of helmets are limited, as they are date-coded with a five-year lifespan. Items are stored in metal bins at the end of the bleachers in the arena. 

"Families are welcome to help themselves to needed items," she said, or for assistance, call her at (585) 344-2248 or email svgray@rochester.rr.com.

To donate helmets with the code and date within five years old or less, or other clean ice hockey equipment, drop it off in a bin between the two entry doors. Donations are always welcome and needed as well, she said.

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Top Photo: Sharon Valyear-Gray of Friends of the Rink shows the shelves of ice hockey items, above, available for free at the David M. McCarthy Memorial Ice Arena on Evans Street, Batavia. Photos by Howard Owens.

Melvin Huntley

A 41-year-old Town of Batavia resident was convicted Tuesday by a jury following a weeklong trial on the majority of counts against him in a child sex abuse case.

Melvin A. Huntley, a Wilkenson Road resident, could spend the rest of his life in prison following his conviction.

There were four victims in the case.

The jury found Huntley guilty of:

• Five counts of sex abuse in first degree;
• Two counts of sex abuse in the third degree;
• Two counts of rape in the first degree;
• Two counts of predatory sex against a child;
• Predatory sexual assault;
• Four counts of endangering the welfare of a child.

Three of the counts are Class A felonies and two are Class B felonies.

Sentencing is scheduled for January 11.  He has been ordered held in the Genesee County Jail without bail pending sentencing.

“We are very gratified by the jury’s verdict, which was made possible by an excellent investigation by the Sheriff’s Department headed up by Investigator Howard Carlson, tremendous victim support by Theresa Roth and the CAC, and most importantly, the courage of the four victims who testified at trial,” said Assistant District Attorney Robert Zickl, who prosecuted the case.

Josh Graham’s career path began awhile ago as a kid going on ride-alongs with his firefighting grandpa.

And now, the torch has seemingly been passed on to Jaxon, Graham’s 11-year-old son. Jaxon has regularly accompanied his dad to the Arcade department to clean or roll the hose and other tasks. In other words, “he’s right there with us,” Graham said.

The father-son team intends to be a firefighting duo for some time to come no matter where they are.

“He’s got his Arcade Fire Department jacket. He gets a weekly allowance if he does his chores, and he likes us to put that on Amazon; he’s been ordering medical equipment to build his own EMT bag,” Graham said Tuesday at his office at Batavia City Fire headquarters. “I plan on seeing myself retire from here.”

Graham, a Corfu native now living in Arcade, has been in the fire business for more than 20 years, ever since he volunteered as a firefighter at age 16. He was hired by the city as fire chief, and has been learning his new role for about a month now.

Equipped as an assistant fire chief with Arcade, associate degrees in Strategic Operations Management and in Fire Science and a bachelor's degree in Fire and Emergency Management, Graham reached the rank of Senior Master Sergeant in the military, and  held the position of Deputy Fire Chief with his Reserve Flight.

The 37-year-old was only hesitant about one thing when taking his current administrative position.

“If there was a reservation about taking this position, it was probably that I love riding in that truck on calls. Where I came from, the fire chief and the deputy chief did not respond to calls, unless there was something catastrophic. This position is kind of unique in that I can go to whatever calls I want to go to,” he said. “So even though I'm not riding in the fire truck, I can still respond to the calls. I'm still assisting on the scene and things like that.”

That doesn’t mean he can skimp on administrative duties, and he has been working on paperwork, schedules, new and future hires, trainings, and — tis the season — the city’s annual budget.

City Manager Rachael Tabelski has been knee-deep in the budget process, she said, beginning to meet with department heads to find out what their needs are, and what can and cannot be included in the overall financial plan. For Graham, he is determining what equipment, materials, and other costs will be part of his roughly $4.4 million budget this next year.

“So we're at the very beginning of all that, but the city manager has been great," he said. "And anything that our initial talks, that she and I discussed, and something that we need is justified, she's been very understanding of that stuff. So, there's a balance … it's just finding that balance that allows us to continue to operate efficiently and serve the community while not going crazy.”

Renovations have been slated for the Evans Street station, including at the one bathroom available to the men and women personnel, he said. Work has just been put out for bid, so that’s likely a project that will go into next year.

So what is it about the role of firefighter — and chief — that has drawn him in so deeply?
“I've always wanted to be a firefighter since I was a kid. I just like the thought of helping people. And 9/11 had a lot to do with it as well,” he said. “I was a junior in high school when 9/11 happened … that made me want to serve my country, so I figured I would join the military as a firefighter.”

He, his wife Carrie and Jaxon live in Wyoming County and will continue to do so until Graham has passed his six-month probation period. After that, the family will move to the city, per residency requirements. The new chief is also a state fire instructor, which means teaching classes periodically in his home county.

While much has remained the same when responding to fires and accidents, two things have changed, he said: more lightweight structures that don’t hold up to flames and electric vehicles. EV batteries are "super hot" and can burn for hours. Although he hasn't encountered such a situation here yet, it's something to be aware of and trained for, he said. A typical vehicle fire may use up to 1,000 gallons of water, versus 20,000 to 30,000 for electric vehicle batteries, he said. 

When asked what moments hang with him from being on the job, he first thought about the survivors: to be there and calm them down and help them to get through the incident. He also remembers saving people who were in cardiac arrest — dramatic saves that don’t often happen when people are having heart attacks, he said.

Six new hires and a transfer from Jamestown have meant more training and initiation of personnel. But he doesn’t believe in fixing what isn’t broken, and the city fire department is in great shape, he said.

“When I came in, I saw that they were doing a fantastic job,” he said. “My goal is to maintain the same level of proficiency and level of care that’s been provided for quite some time.”

His induction has been more about meeting people, learning about what and who is at the station, and throughout the city, including Tabelski, the Public Works Department personnel and city police, he said.

To say he’s been busy is an understatement.

“I told someone I think I’ve eaten lunch three times since I started,” he said with an unreluctant smile. “It’s absolutely a lifestyle, for the last 20 years.”

The department is climbing its way back up to full platoons, with an expected total of 36 people in the next year. Retirements, transfers, and — yes, still — COVID issues have bogged down hiring practices for the last couple of years, he said. He's ready to lead.

"I always say I have a servant leadership style," Graham said. "My job is to make sure that everybody that works here has everything they need to do their job, and that would include their morale, it would include the equipment, training, anything that may come up as a hindrance to them being able to do their job and serve the community is something that I need to handle."

In his free time, Graham enjoys hunting deer and turkeys, and camping and riding ATVs with his family.

Photo: Newly appointed City of Batavia Fire Chief Josh Graham at the Evans Street station. Photo by Howard Owens.

Press Release

The Batavia Police Department in collaboration with the Village of LeRoy Police Department and Genesee County Sheriff’s Office will hold the 8th annual “Shop With a Cop” event. The event will take place Saturday, December 10th at the Walmart located at 4133 Veterans Memorial Drive in Batavia. 

Approximately 30 children will be participating in Saturday’s event, and any excess funds raised will be banked towards next year’s event. Each child will have the opportunity to take a photograph with Santa and meet their individual police officer before browsing the store.

“I want to acknowledge the hard work and effort put forth by our officers into organizing this event for the community and in particular Detective James DeFreze who does a tremendous job every year in putting this event together,” Batavia Police Chief Shawn Heubusch said. “We are proud of the efforts of our department to have started this event eight years ago, and by partnering with the Le Roy Police Department and the Genesee County Sheriff’s Office, this has become a highly anticipated event in the community.”

Donations have been received from Wal-Mart, H.E. Turner & Company, Inc., the Batavia Police Benevolent Association, Civil Service Employee Association (CSEA), Bonarigo and McCutcheon law office, and other members of the community.

Approximately $2,800 has been raised to date.  Those interested in donating can contact Detective James DeFreze at jdefreze@batavianewyork.com.

“On behalf of our department, the Village of LeRoy Police Department and the Genesee County Sheriff’s Office we would like to thank Walmart for their generosity and assistance in making this event possible,” Heubusch said.

File Photo of City Police Chief Shawn Heubusch participating in Shop With a Cop in 2021. Photo by Howard Owens.

A battle of the publishers this weekend came close to a tie, pitting former Daily News publisher Tom Turnbull against Howard Owens, publisher of The Batavian. The match-up was for GO Art!'s Bartender Challenge, a fundraiser for the Batavia-based  nonprofit.

After about two dozen patrons participated, the total tips were counted: $164 for Turnbull and $159 for Owens. All in good fun, it ended well with a contribution of $323 for Genesee-Orleans Regional Arts Council. 

Photos by Stephen Ognibene.

 

Downtown merchants, through the Business Improvement District, hosted their annual Christmas in the City Parade on Saturday evening.

Photos by Philip Casper.

As part of Christmas in the City on Saturday, EverPresent Church in City Centre hosted a live nativity.

Submitted photos.

Press release:

Currently, the City of Batavia Police Department's non-emergency phone line, (585) 345-6350, is experiencing an outage.  Anyone looking to contact the City of Batavia Police Department is asked to call 345-6351 until further notice. 

This outage does not affect 911 calls, anyone experiencing an emergency should contact the Genesee County Dispatch Center using 911.

Northgate Free Methodist Church in Batavia held a Vintage Christmas celebration on Friday evening.

The church will host another Vintage Christmas event from 6 to 8 p.m. on Friday. 

It includes a nativity walk through the woods with live animals, food, tree lighting, s’mores roasting over an open fire, Santa and outdoor Christmas movies.

Photos by Allison Lang.

Genesee-Orleans Regional Arts Council wil be hosting a Local Authors Night from 6 to 9 p.m. at 201 East Main St., Batavia, organizer Sammy DiSalvo says.

"Come support local authors with a night of meet and greets, readings, Q & A's, and book signings," DiSalvo said. "This event features five authors -- Greg Van Dussen, David Neth, Sammy DiSalvo, Andrew Freeman, and Mary Ellen Reardon -- from the Western New York community, and some of their most recent works."

GO Art!’s cash bar will be available during this event.

Go HERE for a full list of events for the evening. To learn more about GO Art!, call 585-343-9313.

 

Bill and Joy Hume welcomed a special visitor Saturday at Foxprowl Collectables in Batavia. Santa Claus had a busy morning greeting visitors, including Spider-man, a regular character at the downtown shop. Photo by Howard Owens.

Genesee County Sheriff's Deputy Jordan Alejandro donned a raincoat Saturday for a wet, windy Stuff the Cruiser drive as part of a larger law enforcement effort that involves Genesee County Probation Department, City of Batavia Police Department, New York State Police and Department of Environmental Conservation, and Genesee County Department of Social Services.

The collection is for new toys, clothing, small denominations of gift cards, personal care gift sets, hats/gloves and accessories, and non-perishable food items, to be distributed to children and families in need this holiday season.

The drive goes to 3 p.m. today in front of Target and Kohl's in Batavia.

 

Top Photo of Deputy Jordan Alejandro with the cruiser; and passing out lists of needed items to shoppers. Photos by Howard Owens.

 

Not naming all of the musical line-up ahead of time is not to be punitive, says conductor S. Shade Zajac.

But rather, it’s similar to how Christmas operates: there’s usually an element of surprise by not opening the gift until it’s time.

“The idea was, normally, we put all the pieces we're playing on the poster, or at least most of them, so people kind of know what to expect. But you know, I've been thinking that it's, it's really easy sometimes to fall into the trap of just doing the same things over and over again, especially for holiday concerts,” Zajac said about his orchestra’s upcoming concert. “And, you know, it'll just have to wait until Sunday when you come to the concert to see or to hear exactly what we're doing, just so that there's a little bit of mystery, kind of like getting a gift or something you can't open until the day of. ”

The gift of Genesee Symphony Orchestra’s Symphonic Holiday Surprise will be opened at 4 p.m. Sunday at Genesee Community College, 1 College Road, Batavia.

To be sure, there will be plenty of holiday favorites tucked into some new, and perhaps less familiar songs, he said. Zajac, now in his seventh season with GSO, takes his time to develop a concert menu and does so well in advance.

“I’m always looking ahead to what’s next, logistically and practically. We start planning things now for next year, especially when working with soloists,” he said, adding that next year’s soloist has been booked since 2020.

“There are a lot of different holiday pieces with different arrangements of the same piece. So, it always makes things a little difficult. I had this realization this is my seventh season. And I try to always change it up a little bit each year,” he said. “We are always exploring different music and sometimes in different avenues, and always wanting to bring a new experience and bring pieces that people haven't maybe heard before, or maybe the orchestra hasn't played before.”

After asking the orchestra how many have played a particular piece that he was considering, only a few hands went up, which meant the number would not only introduce a new melody to patrons but also create a challenge for versed musicians.

And they have earned it.

“I just feel us getting better and better. I can certainly feel it, and I know the orchestra is starting to feel it as well,” he said. “There are so many things I still want us to do together. This orchestra really has a special place in my heart.”

Zajac continues to strengthen his own professional chops by performing with other groups and, for a week in January, working with Baltimore Orchestra.

This concert also features a promising violinist, Hilton High School senior Luke Pisani, recipient of GSO’s Young Artist Competition award, among many others.

Pisani, whose LinkedIn account states that he is a motivated, straight-A student who demonstrates a strong work ethic and creative ability, put that hard work on display for the competition, Zajac said. Pisani had competed previously, and, although he did not win that time, his musical prowess was a teaser of what was to come.

When Zajac heard him this time around, he couldn’t believe it was the same person playing.

“Some years, it’s really, really challenging to pick a winner, the talent is so vast. And some years you have someone who comes in, and that’s it,” he said. “He blew us all away; he stood out from the rest of the competition. The Concerto (for violin and orchestra in D major) is a very well-known, very challenging piece of music. He's playing the first movement, and so our audience will absolutely recognize some of the tunes and will just be blown away by his playing, I'm sure.”

Pisani also won competitions with the Rochester Philharmonic Orchestra, Chicago Violin, Hochstein Youth Symphony Orchestra, Finger Lakes Symphony Orchestra and the Syracuse Friends of Chamber Music. His versatility spreads over to jazz piano, basketball and serving at his church. His list of accomplishments is quite lengthy, and his performance for the GSO competition demonstrated that his “amount of growth is incredible,” Zajac said,

“He is very technically advanced, you have to be to be playing Tchaikovsky,” he said. “He has that little something extra that makes people pay attention. And that's, of course, something that we look for in these competitions. A lot of people can play the notes. And then there are people who can actually play the music and just kind of give it that little extra something that grabs your attention. And he did that for us, and we were engaged his entire audition.”

As for the remaining concert, there will be “plenty of holiday cheer,” Zajac said. It will include works by Tchaikovsky, Anderson, Rimsky Korsakov and Vaughan Williams.

“Of course, there's holiday favorites that everyone loves that I'm sure we'll be playing. And maybe a couple of other little pieces that people wouldn't expect," he said.

Click HERE for a sample of Pisani on violin.

Tickets are $15 for adults, $10 for seniors, and free for students with an ID, and are available at YNGodess, Holland Land Office Museum, The Coffee Press, from any board member or at GSO. 

Top Photo: Conductor S. Shade Zajac leads the Genesee Symphony Orchestra through rehearsal for its upcoming holiday concert. Photos by Howard Owens.

 

December means a triple-play for Batavia Players, Pat Burk says.

Actually, there’s only one play, “A Christmas Carole,” that runs Thursday through Sunday, plus Our Hometown Christmas all day Saturday inside Batavia City Centre, and spaghetti with Santa event on Dec. 11.

If that schedule tires you out, it has been plenty for members of the theater group. In addition to many of them participating in the show, they will also be helping out for a vendor fair throughout the mall concourse from 10 a.m. to 8 p.m. Saturday, and at Santa’s Village at the concourse stage.

Home Depot has donated wood kits so that kids can put their hands to work at Santa's Workshop making birdhouses and other creations, he said. Photos with Santa Claus will be from 1 to 5 p.m., with the outdoor parade to begin at 6 p.m. and take off from Jefferson Avenue to Summit Street.

Entertainment will be provided at 12:15 p.m. by Main St. 56 Dance Company, and dancing and musical performances are scheduled throughout the day, he said. Other activities include cookie decorating and a live nativity at EverPresent Church.

There were 49 vendors registered just before Burk talked to The Batavian Tuesday afternoon, he said, and there were a few more interested, so expect several dozen ready and waiting to sell their wares, from Christmas and general craft items to kitchen goods, woodwork and assorted foods. Many of the usual Mall Market participants will be there throughout the day as well, he said.

A concessions food truck will be available beginning at 9 a.m. outside the former Sunny’s restaurant site in the parking lot. That vendor’s specialties include deep-fried Oreos, flavored french fries and various barbecued items, Burk said.

If you’ve got some time to spare, volunteers are needed for miscellaneous tasks, such as helping visitors locate certain activities, vendors find their assigned spots, and other volunteers so that they can take periodic breaks.

Neck deep in the construction of a new Main St. 56 theater means that Batavia Players is raising money to help make the costly endeavor happen. The vendor fair and weekend shows are fundraisers and will be complemented by a basket raffle, specifically for the group’s Building Committee. Tickets are $5 for a sheet, and drawings are to begin at 5:30 p.m. Saturday, just before the parade.

Speaking of the show, Burk and fellow actor Paul Spiotta are thrilled to be celebrating their 15th season of singing a duet during the weekend performances, Burk said.

“We were both 50 years old when we first sang together,” Burk said. “We’re pretty excited to still be around to do it.”

Burk is sort of amazed at how much he’s learned about construction, having been part of contractor meetings for the theater, he said. He now knows the gritty details of HVAC systems and supporting walls, and, unfortunately, also about how slowly such projects can progress with stalled and rising costs of materials due to post-COVID supply chain issues.

“We’re doing everything we possibly can to put the finishing touches on it,” he said. “After January 1, we’ll actually be doing a big fundraising effort.”

There have been sacrifices, mostly behind the scenes, he said, by reducing bathrooms from four to two and shifting the configuration of dressing rooms. However, patrons are still getting nice new restrooms, and there won’t be cost-cutting with aesthetics if he can help it, Burk said.

The final fundraiser for this season will be a Spaghetti With Santa event, set for 2 to 5 p.m. Dec. 11 at First Presbyterian Church, 300 East Main St., Batavia. Photos with Santa will be from 3 to 5 p.m., and there will be a basket raffle. Meals are for dining in or take-out and are $12 a person. To purchase tickets ahead of time or obtain further details about these events, go to Batavia Players. 

Christmas in the City, sponsored by the Business Improvement District, will also be happening throughout downtown from 2 to 6 p.m. on Saturday. Local shops, restaurants and organizations will be offering holiday specials, activities and food samples, including Letters to Santa at The Coffee Press on Jackson Street and horse and buggy rides beginninning at Center Street Smokehouse, with tickets availalbe for purchase at Adam Miller Toy and Bike shop, on Center Street. While at Adam Miller, check out the toy specials and warming chili.

Over on Main Street, Hunt Real Estate will be hosting an ornament-making craft while The YNGodess will provide adult tastings, and make sure to track down the Dickens carolers and Scrooge from 3 to 5 p.m.

 The outdoor fun will be topped off with a holiday parade at 6 p.m. down Main Street. There are 35 participants registered for the parade, BID Executive Director Shannon Maute said, and judges include City Council members Eugene Jankowski Jr. and Bob Bialkowski, and BID community members Carol Hunt, Sandy Licata and Ken Mistler.

"We have added giant blow-up decorations for downtown, and added more things for kids. We are working hard on creating memories for all ages, especially the kids," Maute said. "I am overwhelmed with the participation and the generosity of everyone. I have a great board, an amazing committee, and a fantastic community.

"The BID Christmas in the City Committee will be transforming downtown Batavia into your favorite Christmas movie!" she said.

Volunteers are welcome to join the parade line-up or Santa's Village to help out, she said.

File photo of Christmas in the City parade, by Howard Owens.

Tyshon L. Taylor is indicted on counts of attempted murder in the second degree, a Class B violent felony, assault in the first degree, a Class B violent felony, and criminal possession of a weapon in the third degree, a Class D felony. Taylor is accused of stabbing a victim with a knife with the intent to kill the victim on Oct. 18 in the City of Batavia. Previously: Man accused of attempted murder in stabbing on Jackson Street

Adam M. Kreutz is indicted on two counts of burglary in the second degree, a Class C violent felony, a count of assault in the second degree, a Class D violent felony, assault in the third degree, a Class A misdemeanor, and attempted coercion in the first degree, a Class E felony, On Sept. 6, Kreutz allegedly twice entered a dwelling on Ellicott Street, Batavia, with the intent to commit a crime. He allegedly caused injury to a person using steel-toed boots. He allegedly told the victim he needed to vacate the apartment that was the victim's legal residence. 

Christian I. Andrzejek is indicted on counts of burglary in the third degree, a Class D felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and petit larceny. Andrzejek is accused of entering a shed on Washington Avenue, Batavia, on Sept. 6 with the intent to commit a crime inside the shed. He is accused of possessing methamphetamine on Sept. 6. He is accused of stealing clothes on Sept. 6.

Tammy L. Cicatello is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Cicatello is accused of possessing a firearm on July 30 in the City of Batavia.

Chaz T. Brandon, Jr., is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, criminal possession of a controlled substance in the fourth degree, a Class C felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. On Aug. 11, 2020, while in the Town of Bergen, Brandon was allegedly found in possession of 67 red plastic containers, each containing cocaine, with the intent to sell it. The aggregate weight was allegedly more than one-eight of an ounce. He is also accused of possessing Oxycodone.

Despite the letters of appeal with several reasons why city, town, and county officials did not want a company tapping into Batavia’s Well D, the Department of Environmental Conservation has ruled otherwise.

After a more than four-month review process of paperwork and supporting documentation from the applicant, Seneca Power Partners, and from city, town and county management and legal sources, the DEC has opted to grant Seneca a permit to “add Well D at the Batavia Well Field as a new permanent source of water supply.”

The permit has been granted for five years, with the option for Seneca Power Partners to reapply when that time is up.

“We have the same concerns we had when we issued the letters of concern (in July),” City Manager Rachael Tabelski said. “We outlined our concerns to the DEC, and we will meet with DPW and our legal counsel to determine the next steps.”

Tabelski wasn't quite certain how the DEC arrived at its decision, given some confusing supporting information. 

Environmental Analyst Guillermo Saar sent the municipalities and Brian Gregson of SPP a letter on Nov. 18 regarding the decision and reasons for the approval (PDF). In short, the permit authorizes the withdrawal of up to 698,400 gallons per day, or a total of  26 million gallons per year of water for the purpose of system maintenance, boiler make-up water, and non-contact cooling to support the generation of electric power in accordance with the terms and conditions of this permit. Water is to be withdrawn from a new groundwater supply, Well D, located at the Batavia Power Plant.

The longer version cites each reason stated by town, city and county officials, and DEC’s response to each. An example of DEC’s reasons includes a dispute about how much of an impact this additional water draw would negatively affect the county.

The opposing sides cited a significantly lower season average trend that “continues to exacerbate the overuse of the aquifer,” versus DEC’s determination that groundwater level data over the period from October 2007 through July 2022 “do not show that the drought experienced from 2015 to 2017 is indicative of a long-term declining trend in aquifer storage, but rather, a discrete event around which water levels recovered to statistically normal conditions.”

Or, with the Town of Batavia’s request to consider the “collateral environmental impacts” of this extra water taken for the company’s production needs, DEC reviewed statistics and prior water levels and found that the highest yearly draw for two decades, up to 2021, was 22 million gallons -- four million gallons less than what DEC has allowed.

A projected pumping rate of 700 gallons per minute, which is the equivalent of 1.08 million gallons per day, “would not adversely impact the Tonawanda Creek Primary Aquifer,” Saar said.

In the city’s letter of appeal, attorney George Van Nest argued that the DEC must determine that the proposed water withdrawal takes proper consideration of other sources of water supply that may become available.

First, that option was not listed by Seneca in the November 2021 Engineer’s Report included with the new Water Withdrawal permit application, Saar said. And engineers deemed the potential re-use of discharge water unfeasible “because the O-At-Ka discharge water is too hot for the Batavia Power plant’s cooling use.”

Overall, it was not the answer municipal leaders were hoping for.

“Genesee County was certainly disappointed by the DEC permitting Seneca Power a permit to draw water from Well D,” County Manager Matt Landers said. “The County and City will continue to monitor the water levels in the aquifer with the hope this additional draw doesn’t have a material impact on the City Water Plant’s ability to draw water during peak demand days in the summer.”

Water concerns have been on the rise, as the county has continued to see an uptick in demand, and drier summer weather, coupled with the need for updated aquifer systems that are part of an ongoing three-phase water project.  

"The county will continue to observe the use/access of the water,” Legislative Chairwoman Rochelle Stein said. “Our concerns will be noted to our state elected officials too. We rely on the ground water for a portion of our water supply.”

County Highway Superintendent and engineer Tim Hens has become the Paul Revere of water each summer, asking residents to temper their usage and warning that one day a serious drought could arrive.

He wasn’t too worried to hear the news of Seneca’s permit, at least not yet.

“There’s not a whole lot we can do at this point, it’s just going to be a wait-and-see. In most cases it shouldn’t be an issue for us unless we’re in periods of extended drought and groundwater has dropped precipitously,” Hens said. “We did do testing to show that their well could operate alongside of ours, and know we can handle short durations from both sources.”

However, it’s the long-term impacts on groundwater that have to be monitored, he said. And no one really knows for sure if and how much that may become a problem in the future.

At the beginning of July, City and Town of Batavia and Genesee County officials had joined forces to oppose the request for water that they believed could potentially affect the flow for area residents.

The three municipalities called upon environmental analyst Guillermo Saar of the state Department of Conservation to consider the burden that a request to draw 715,600 gallons a day would put on Batavia and Genesee County if granted.

Seneca Power Partners, a company at 163 Cedar St., Batavia, made the request through a permit application to DEC’s Division of Environmental Permits. The municipalities' response was swift.

“The major users of the Well Field (Genesee County, Town of Batavia, and City of Batavia) oppose this application and seek to help Seneca Power Partners find an alternative means to access untreated water for their operations. The aquifer directly feeds the Batavia Water Treatment Plant (owned by Genesee County, and operated by the City of Batavia) as a major source of drinking water,” the municipalities stated. “While the Tonawanda Creek also contributes as a source of drinking water, the quality and turbidity of the Creek make it a much less desirable source. Any excess extraction of water from the aquifer will force the Batavia Water Treatment Plant to rely more heavily on the Creek, and that will, in turn, increase the cost of municipal water treatment and decrease sustainability.”

In its application, a 662-page document stating its case with several supporting documents, Seneca Power Partners said that the use of water is “an integral part of the energy production process and is proportional to production.” More water is needed to produce more electricity. A simplified route the water takes looks something like this:

Water + heated by natural gas = steam = spins a turbine = goes into a generator = energy converted to electricity. The steam often evaporates and cannot be collected after the process, applicant John Trendowski, on behalf of the company, stated.

Prior coverage:

• Batavia company seeks permit for water
• Fluid issue pits Batavia company against city, town and county

File photo of Seneca Power Partners' Batavia-based power plant on Cedar Street, by Howard Owens.