A motor vehicle accident with injuries and blocking is reported in the area of 4063 West Main Street Road, Batavia.
Town of Batavia Fire, along with Mercy EMS dispatched.
UPDATE 10:11 a.m.: A first responder reports that the road is not blocked. Both vehicles have pulled into a business's parking lot.
UPDATE 10:12 a.m.: Two patients, one ambulance sufficient, hold the assignment to Rescue 20.
Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.
It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.
And it has also failed the people it was supposedly designed to help: criminal defendants.
Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.
"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.
Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."
The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.
In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times. Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.
The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack. Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.
Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants.
In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.
"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."
Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.
On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance"). In certain conditions, they can put conditions on their release ("released under supervision"). If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant. That's why you sometimes see bail set at $1.
There are multiple exceptions and conditions that police officers and judges must follow. That is one of the complaints lodged by Heubusch. The bail system is arcane and confusing.
As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant. The suspect was released following his arrest. The next day, he burglarized another restaurant. The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again. He was arrested 20 minutes later after burglarizing another restaurant.
"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."
To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant.
Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said. It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects. But that aspect of the job has been made worse, by bail reform, Heubusch said.
He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.
"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."
Bail reform has also made it hard to get drug dealers off the street, Defreze said.
First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail. Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.
"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."
That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.
When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.
But now it's harder to find confidential informants.
"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."
Victims
Bail reform hasn't been good for crime victims, the officers said.
"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."
In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.
Bail reform has made orders of protection less effective, the officers said.
Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.
"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.
Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.
"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"
Lindsay said victims are also frustrated.
"We're probably dealing with more angry victims," Lindsay said.
The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.
It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.
"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."
Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.
"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.
He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.
"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."
We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."
Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.
First, end cash bail. That is, in fact, right in line with what downstate reformers want. Defendants should either be held pre-trail, with no bail, or released. That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.
"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.
And allow judges to determine whether a person is a danger to himself, another person, or the community.
"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."
Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.
Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color. Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.
"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."
The officers know the current bail scheme is not helping local communities, they said, because they see it every day.
"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."
Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay
After a brief discussion Monday evening, City Council agreed to forward a residency waiver to its next business meeting for a vote.
The residency requirement for Fire Chief Josh Graham was to be in effect within six months of his hiring, which is up this month. Apparently, Graham requested an extension of that waiver, and most of council seemed to be in agreement to grant it.
Councilman Bob Bialkowski was the only one to question whether the chief used a city vehicle to drive to his home in Wyoming County, and Council President Eugene Jankowski Jr. said yes, as is the case for department heads.
When asked by The Batavian why the city was granting a waiver extension, Jankowski said that it was temporary.
“Until the situation changes. I can’t discuss the reasoning as to why,” he said. “I have no concerns, and if you come to work on time and you’re on-call and you’re here in a reasonable amount of time, I don’t have a problem with that.”
Council had at one time discussed widening the circle of territory for where city department heads could live and maintain residency requirements, Jankowski said. Other city officials have been granted such extensions of living outside of the city, including former and current police chiefs and assistant city managers, including the most recent one, Erik Fix, who lives in Le Roy.
Jankowski said he felt that as long as people made it to work on time and didn’t mind a longer commute and dealing with bad weather, it was ok with him.
But others disagreed, so they now take such situations on a case-by-case basis, he said.
By no means will there be a carte blanche residency waiver system, he said. This is just one of those individual cases, and council wants to work with a valuable employee, he said.
“He’s doing a great job,” Jankowski said of the fire chief.
File photo of Eugene Jankowski Jr. by Joanne Beck.
Click here for more information on 9099 Creek Road, Batavia.
Click here for more information on 7 Gateway Drive, Batavia.
Derek Geib, entrepreneur, property owner and president of the Business Improvement District, has been a tight-lipped businessman.
He didn’t have much to say when voted in as president of the BID while operating successful enterprises with Bourbon & Burger, The Coffee Press and Roman’s, all in downtown Batavia.
Now it appears as though Geib has more ventures on his to-do list, with a proposal to buy parcels 11A and 11B in the City Centre from the city of Batavia.
When reached Monday, Geib would not go on record with any comments about the purchase or his plans for the mall property. He wouldn’t even give a hint about what type of business might be going into the space formerly occupied by Valle Jewelers several years ago.
City management had previously requested permission from City Council for a reassessment of vacant properties, and 11A and B were evaluated to be worth $60,000 as fair market value by Lynne, Murphy & Associates, Inc.
Geib, operating under Geib Estates Corp., agreed to pay the price tag, plus additional expenses. Assistant City Manager Erik Fix recommended that the city “continue to foster development and activity in the Batavia City Centre, a unique downtown asset, and authorize this sale.”
“The property will go onto the tax rolls, and all the appraisal fees and closing costs will be paid by Geib Estates Corp.,” Fix said during City Council’s conference session Monday evening.
The purchase would align with the city’s Downtown Revitalization Initiative, Brownfield Opportunity Area and Strategic plans, Fix said in his memo to City Manager Rachael Tabelski.
Councilman Bob Bialkowski asked about the property’s assessed value and when the sale would actually take place. City Attorney George Van Nest said that a survey and title search will have to be completed first, which “can take a little bit of time.”
“But once that is done, we’ll make arrangements to have a closing and transfer the title,” he said.
Tabelski estimated that it would probably be in the summer, possibly in July. No one had an answer about the assessed value. According to online assessment records, the 2022 full market value is $124,000. For years, it has been sitting unoccupied.
“Yes, put it back to work, I’m in favor of this,” Bialkowski said.
A resolution will be on the next business meeting agenda for council’s vote.
Photo of former Valle Jewelers property in Batavia City Centre from online assessment website.
For at least the time being, CVS Pharmacy in Batavia seems to have caught up with a backlog of prescriptions, satisfying at least one of the customers that an apparent staffing shortage had vexed.
Two days ago, The Batavian published an article about multiple dissatisfied CVS customers due to unfilled prescriptions and a phone system gone awry, and during the weekend, the story reaped more than 120 comments discussing the issue and 15 emails from additional customers.
The Batavian reached out on Friday to corporate spokesperson Amy Thibault, Lead Director of External Communications for CVS Pharmacy, and she said that employees would be pulled from others stores to help shore up the gaps at the West Main Street store.
Thibault responded to The Batavian’s follow-up for an update on Sunday evening.
“Extra team members were brought in over the weekend, and they were able to get caught up on delayed prescriptions and returning voicemails,” Thibault said.
The original article began with Roberta White’s story, and how she struggled to obtain her steroid inhaler for bronchitis, compounded by severe asthma. One of her main questions was, 'What's going on?' She was happy to report this past Sunday that she picked up all of her backed-up scripts.
“They were super thorough, and they filled everything I have been waiting on. They were very nice to me and even had the pharmacist come over to explain meds, which they have never done before,” White said. “There was a new pharmacist, not anyone I had seen before. Never had such great service there.
“Whoever they brought in is doing good, but why was this not an option back when people were hurting for meds desperately?” she said. “It seems to me they failed at recognizing and handling urgent needs.”
CVS is certainly not the only company in a bind to hire more help, as many businesses are on the hunt for employees — from manufacturing line workers and corrections officers to restaurants and some post offices.
One reader emailed a comment that this issue is much more far-reaching than just this one store, and is about a stock and staffing shortage, lack of corporate responsibility, and cutting hours across the board with “all drug stores.”
Yet, there were others that praised particular pharmacies that no one seemed to have an issue with, and insurance programs were often cited as the root of stalled prescriptions. Most people did not fault the store staff, which seemed to be doing the best it could. Some people suggested calling in prescriptions early, and yet scripts often cannot be filled until the date for refill is up; others, such as Michael Tooley, chose the self-advocacy route.
“I also have experienced the same issues, which, as you stated, is not the fault of the local staff at all, but management in failing to maintain and/or replenish diminished/inadequate staffing issues,” he said to The Batavian. “I do commend the local Pharmacists (Joel in particular) for going out of their (his) way to finally communicate with me directly and make an effort at amends through an unexpected gift card. Of course, this only happened because I was the ‘squeaky wheel’ that happened to get the grease because I emailed their Executive Office [ExecutiveOffice@CVSHealth.com] directly, mostly out of frustration after all other avenues to address the issues had failed to get ANY response.”
After all, it’s not that customers aren’t understanding, as Shannon Ferguson said.
“I’m sure they are all frustrated, but so are the rest of us. We’re all dealing with extra work, shortages, and higher costs for everything,” she said.
While most of the comments were complaints about poor service, lagging prescriptions and inability to reach anyone at the West Main Street CVS by phone, others defended it by stating that it’s not the only pharmacy with such issues; the problems are about upper management and not about store staff; where are additional employees supposed to come from in a small city; and/or that no issues have been experienced.
Press release:
Brighton Securities, a Batavia Financial Services firm, will hold its 12th Annual Free Shred Day on Friday, May 26, from 12 - 2 p.m.
“Our Shred Event is a service we offer our community as a great way for them to safely dispose of their bank records, credit card statements and any other sensitive documents for secure, eco-friendly destruction and disposal. We’re proud to offer this service for the 12th year and encourage our community to participate. We will have staff on hand to help our event participants decide what to dispose of and shred, what to save, and for how long certain records should be saved,” said Steve Hicks, branch manager of Brighton Securities.
A shredding truck from Shred-Text, Inc. will be standing by for contactless disposal of your old documents. We'll also have staff on hand to help you decide what to shred and what to save, as well as you will be able to monitor on-screen, your documents as they are shredded. This is a free event, and all are welcome to attend.
Photo: File photo by Howard Owens.
Today was another successful Drug Take-Back Day, said Batavia PD officers this afternoon at the drop-off spot on Alva Place in Batavia.
Four boxes were filled with unwanted prescription drugs so they can be safely destroyed. Det. Jason Ivison said Le Roy PD officers also dropped off several full boxes for disposal.
Batavia PD, the Sheriff's Office on Park Road, and the State Police on West Saile Drive, all operate drug drop-off boxes in their lobbies throughout the year.
Photo by Howard Owens. Officer Connor Borchert, Det. Jason Ivison, and Officer Peter Post.
After her first trip to the hospital for a nasty bout of bronchitis, Roberta White was issued a prescription for a steroid inhaler, which was sent to CVS on West Main Street in Batavia.
That was the first week in April.
As of Friday, April 21, she’s still waiting for it. In between that time, White has made additional trips to the hospital for treatment, and, eventually, antibiotics and prednisone, the steroid she needed in the first place, she said.
When she tried to contact CVS by phone, she could not get through to the pharmacy, even when the front store staff transferred her, she said. Already diagnosed with severe asthma, she struggled to breathe and walk very far with her bronchitis at its worst, she said, and couldn’t go to the store until her symptoms got better.
“I had been working with my doctor’s office, they'd call CVS … they weren’t filling my other prescriptions either,” White said. “Yesterday, I decided to contact CVS, and the phone system was down.”
She believes that her visits were an irritation to hospital staff, as they asked why she hadn’t gone to get her prescriptions filled. She explained that she couldn’t because she was continuously told that they were “on hold.” She called CVS corporate and said that not only did the person she spoke to have no answers, but also couldn’t get through to the Batavia pharmacy by phone.
Mary Jo Ognibene is shopping around for another pharmacy that will take her insurance. She wasn’t pleased that the Main Street, Batavia CVS took five and a half hours to fill her child’s two prescriptions, and another CVS branch didn’t answer the phone, she said.
Some online reviewers — for a cumulative rating of 2.8 — were equally unhappy. Carissa Augello said she understood that “there are staffing shortages, but holy cow.”
“I can’t even get through to talk to someone, and when it says I can leave a message, I can’t because the mailbox is full,” she wrote. “I’ve been waiting four days for my child’s prescription.”
Another online reviewer complained that she has “literally been waiting 3 months for my prescription to be filled.”
“Understand there (is) a shortage, but every time more comes in (they’re) supposedly out and say first come, first served, but been waiting 3 months,” Alicia Brenkus wrote.
White added that her mother, a diabetic, has also experienced a lag in getting her prescriptions. Her mom has received a message that her medications are in, and when she goes to pick them up, she’s told they’re not ready, White said.
Full disclosure: this reporter has experienced similar issues of prescriptions not being filled on time, not being able to get through to anyone on the phone after multiple attempts, and then after going in person to pick up scripts that were supposed to be ready, was told that they were not.
To be fair, the two employees that were behind the pharmacy counter during a more recent trip frantically worked to fill orders and do what they could in the moment. One of them explained that the lack of staff has put them two weeks behind.
A couple of signs were posted at the pharmacy counter that said there are issues with volume and staffing.
Apparently, that team has been struggling to fill its roster. The Batavian contacted CVS corporate Lead Director of External Communications Amy Thibault Thursday about the issues at the Batavia store.
“We’ve experienced an unexpected staffing issue at our West Main Street pharmacy, which has led to some delays in service, in-person and over the phone,” Thibault said. “We’re working to bring in additional pharmacy team members from neighboring CVS stores to assist, and we apologize for any delays patients may experience.”
Staffing shortage or not, meds — and lack thereof — are nothing to mess around with, White said. With her severe breathing issues, many medical conditions, including bronchitis, can become a life-and-death matter. “I could die from this,” she said.
This isn’t to say that the employees working at CVS are necessarily doing anything wrong — many are hard-working people trying to serve the needs of customers in the face of apparent staffing hardships and a dysfunctional phone system. However, customers seem to be bearing the brunt of the store’s struggles, and they shouldn’t have to wait days, weeks, and months for necessary medications.
Hopefully, Thibault’s remedy to bring in additional staff from neighboring CVS stores has already begun. Another trip to the pharmacy Friday evening found the drive-thru closed due to the staffing shortage. Adding more personnel couldn’t happen soon enough.
If you’re experiencing issues at CVS, let us know at news@thebatavian.com.
Photos by Howard Owens.
Batavia picked up their second win of the season in Boys Tennis with a 6-1 victory over Brockport on Thursday.
The deciding match for Batavia's victory was Andrew Beal and Ethan Bradley at first doubles. Beal and Bradley won 6-4, 7-6 (7-5) and took the pressure off the remaining singles matches. Batavia is now 2-2.
Match results (Batavia are first player(s) listed:
One match was a forfeit.
Photos by Steve Ognibene.
A city site known for the creation of collectible woven baskets, novelties and other manufacturing purposes will soon be a scene of environmental cleanup at the edge of Batavia.
Basket Place LLC, at 22 Clinton St., is 22.9 acres and is bordered to the north by Clinton Street (Route 33), to the south by the Erie Railroad, and to the east and west by residences. Properties south of the Erie Railroad are commercial/light industrial in nature, with some residences intermixed, according to a state Department of Environmental Conservation Fact Sheet.
The site was used to manufacture agricultural and highway equipment from the mid-1920s until the early 1990s. The current owner operates a warehousing facility for baskets and novelty items. Beginning in the late 1980s and continuing into the mid-1990s, the United States Environmental Protection Agency (USEPA) and the NYSDEC evaluated the site.
In the late 1990s, the previous site owner, O&K Orenstein & Koppel, Inc., conducted additional investigations after the site was sold to Basket Place, LLC. The on-site and off-site remedial investigations began in 2003 when CNH Industrial Baumaschinen GmbH entered into a Voluntary Cleanup Agreement (VCA). However, the Voluntary Cleanup Program was terminated by the NYSDEC in 2018.
The cleanup activities will be performed by CNH Industrial Baumaschinen GmbH with oversight provided by the state DEC, which has determined that the Remedial Action Work Plan submitted by GHD Consulting Services, Inc. on behalf of CNH, protects public health and the environment and has approved the plan.
Remedial activities are expected to begin in May 2023 and last about five months.
The goal of the cleanup action for the site is to achieve cleanup levels that protect public health and the environment. The key components of the remedy are:
New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. The city of Batavia and Batavia Development Corporation have Brownfield programs for remediation and redevelopment of properties, such as the former Della Penna property on Ellicott Street, and the Creek Park property behind the ice arena.
These uses include recreation, housing, business or other purposes. A brownfield site is any real property where a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or environmental standards, criteria or guidance adopted by DEC that are applicable based on the reasonably anticipated use of the property, in accordance with applicable regulations, the Fact Sheet states.
Action on the privately owned Basket Place parcel is to begin in May, and that will address contamination related to the otherwise known "Ex-Eaton Site" located at 22-40 Clinton St., Batavia. Refer to the green outline in the image above.
A site-specific health and safety plan and a Community Air Monitoring Plan will be implemented during remediation activities. These plans establish procedures to protect on-site workers and residents and include required air monitoring as well as dust and odor suppression measures.
Next Steps
After the applicant completes the cleanup activities, they will prepare a Final Engineering Report and submit it to NYSDEC. This report will describe the cleanup activities completed and certify that cleanup requirements have been achieved or will be achieved.
When state DEC is satisfied that cleanup requirements have been achieved or will be achieved for the site, it will approve the Final Engineering Report. DEC will then issue a Certificate of Completion to the applicant. The applicant would be able to redevelop the site in conjunction with receiving a Certificate of Completion. In addition, the applicant would be eligible for tax credits to offset the costs of performing cleanup activities and for the redevelopment of the site.
DEC will also issue a fact sheet that describes the content of the Final Engineering Report and identify any institutional controls (for example, environmental easements) or engineering controls (for example, a site cover) necessary at the site in relation to the issuance of the Certificate of Completion, the agency stated.
In 2019, remedial investigations continued at this site under the Brownfield Cleanup Program. Additional site details, including environmental and health assessment summaries, are available on NYSDEC's Environmental Site Remediation Database (by entering the site ID, C819022) HERE.
Meanwhile, cleanup efforts have been scheduled to resume this spring at the defunct Batavia Iron and Metal on Bank Street.
To learn more, go to the Brownfield Cleanup Program
Image of map from NYSDEC.
Press Release:
The City parking lot between Court Street and Jackson Street (commonly referred to as Save A Lot parking lot) will be having the surface milled and resurfaced beginning on Thursday, April 27.
The milling will begin on Thursday, April 27 and is anticipated to be completed on Friday, April 28. To begin, the west half of the parking lot will be closed to traffic on April 27 and then the east half will be closed to traffic on April 28 for milling. The parking lot will reopen for the weekend once completed.
The paving portion of the parking lot is expected to take three days to complete and is scheduled for Monday, May 1 through Wednesday, May 3. The parking lot will be split into thirds and will be affected similarly to how it will be for the milling operation, closing and resurfacing one section at a time until lot is completed.
Once the parking lot is completely resurfaced, City of Batavia staff will begin restriping parking spaces and driving lanes. Parking will be closed off in sections as crews work from east to west during the repainting process.
Vehicles that are using permitted parking are asked to temporarily use the City lot off of School St. or any other permitted parking areas in City owned lots.
Press release:
At approximately 1:07 p.m. the Genesee County 911 Dispatch Center received a report from the Veteran's Administration Hotline that a male subject had called them and stated they were going to get a weapon and "shoot up a school". This information was immediately relayed to patrols in the City and throughout the County working. An initial trace of the phone number provided showed the phone to be in the City of Batavia area. Patrols were dispatched to each school in Genesee County as a precautionary measure, and all county-wide schools were placed into lockout.
Officers and investigators from multiple law enforcement agencies followed up on leads and determined the threat to not be credible and, in fact, was false. Currently, a juvenile is being interviewed by the City of Batavia Detective Bureau regarding the matter, no further information regarding the juvenile will be released at this time.
All schools were released from lockout at approximately 2:25 p.m.
We wish to thank the public, the school districts and the other members of law enforcement for their assistance during this investigation.
UPDATE, statement from Batavia Superintendent Jason Smith:
After the events of this afternoon, I wanted to provide additional information regarding today’s lockout.
At around 1:30 p.m., the Batavia Police Department received a tip that a threat had been made against a local school. While no specific school was directly named in the threat, all schools in Genesee County went on lockout.
The Batavia Police Department worked quickly to identify the suspect, and after an investigation, the threat was deemed not credible. The lockout was lifted at 2:30 p.m..
At this time, there is no additional threat to the Batavia City School District, so all school activities will resume as normal.
While this was a stressful situation for all involved, I want to thank the Batavia Police Department, our administrators, teachers, and staff for handling our lockout procedures quickly and efficiently. While we train for situations like these and have strict protocols, we never want to have to use them. I thank everyone for their quick actions and commitment to keeping our students safe.
Please feel free to reach out to me or your student’s building principal should you have any additional questions or concerns. Thank you again for your cooperation and support.
Previously: UPDATED: Schools throughout Genesee County on lockout
Rosemary R. Waters, 37, no permanent address, was arrested on April 7 on two warrants out of City Court. On Aug. 17, Waters was taken into custody at a hotel on Oak Street, Batavia, on an unrelated warrant and was allegedly found in possession of narcotics and a modified fully automatic 9mm pistol with a 40-round magazine. Waters was released pending lab results. A warrant for her arrest was issued after the investigation was complete. On July 30, Waters was reportedly the passenger in a vehicle during a traffic stop on Mix Place, Batavia. Waters is accused of providing a false name. Narcotics and a modified short-barrel shotgun were allegedly recovered inside the vehicle. A warrant was issued for her arrest. Waters was arraigned in Centralized Arraignment Court and released.
Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by City Court after his alleged failure to appear to answer to charges from four separate incidents. On April 23, 2022, Schroeder allegedly entered a residence on Liberty Street and stole a pack of cigarettes. He was arrested on three days later and issued an appearance ticket. On April 29, Schroeder was arrested on a charge of DWI drugs and criminal possession of a controlled substance 7th. He was arraigned in City Court and released. On August 25, 2022, patrol officers were dispatched to check the welfare of an individual "tweaking out" behind a business on East Main Street. Schroeder was arrested on warrants for alleged failure to appear on prior charges and was also charged with criminal possession of a controlled substance 7th. He was allegedly found in possession of narcotics and drug paraphernalia at the time of his arrest. He was arraigned in City Court and released. On Oct. 20, 2022, when Schroeder appeared in court on another matter, he was arrested and charged with criminal mischief. He is accused of kicking and damaging an electrical lock box on the exterior of a business on Jackson Street so he could charge his mobile phone. He was released under supervision. Schroeder was arraigned in Centralized Arraignment Court, and his release status is unknown.
Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with burglary 3rd, criminal mischief 3rd, and petit larceny. Culver is accused of making a forced entry into a business in the mall, causing damage, and stealing money. He was arraigned in City Court and released under supervision.
Shawnna L. Lamont, 33, of Page Road, Perry, was taken into custody on an arrest warrant. Lamont is accused of failure to appear on a prior charge of criminal possession of a controlled substance 5th. She was initially charged Feb. 19 following a traffic stop on East Main Street, Batavia. Lamont was arraigned in City Court and ordered to appear on May 10.
Breanna E. Brummond, 32, of Limekiln Road, Lyons, was arrested on two bench warrants issued our of City Court. Brummond is accused of failure to appear on appearance tickets issued in connection with prior arrests. Brummond was arrested on Feb. 3 along with Brittany L. Hollaert, 26, of St. Paul Street, Rochester, after the two women were the subject of a pursuit in a U-Haul van following a reported larceny at a local store. The suspects entered a residence on Burke Drive and allegedly tried to steal the homeowner's car. Brummond was held in jail pending arraignment in Centralized Arraignment Court. Her current release status is unknown. Previously: Unexpected visit ends in manhunt, K-9, and arrest in city neighborhood
Adam Edward Roberts, 31, of Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and unsafe tires. Roberts was stopped at 4:02 a.m. on March 29 on West Main Street Road, Batavia, by Deputy Carolos Ortiz Speed. Roberts was issued an appearance ticket.
Christopher Scott Usselman, 31, no residence provided, is charged with criminal mischief 3rd and obstructing governmental administration 2nd. Usselman is accused of damaging property inside the Genesee County Jail at 12:30 p.m. on April 18. He was issued an appearance ticket.
Kelly Anne Rodriguez, 50, of Clinton Street Road, Batavia, is charged with criminal contempt 2nd. Rodriguez is accused of violating an order of protection at 8:45 a.m. on April 12 at a location on Clinton Street Road, Batavia. Rodriguez was issued an appearance ticket.
Now that Eden Cafe & Bakeshop is approaching its one-year anniversary of being on the south side, it’s a fitting time to add something new to the menu, owner Judy Hysek says.
Move over cauli wings and hummus wraps, and make room for a glass of beer, wine or cider. Hysek has been given the nod of approval from City Council and is waiting for the state to issue her liquor license.
“We all talk to our customers. And a lot of them said that it’s just something that they would like to see us offering,” Hysek said Wednesday. “And you know, we think it would be a good fit for our dinner crowd. I know a lot of people like to have a glass of wine or beer with their foods.
“And we’re hoping that it will help bring a little bit more business than what we normally have,” she said. “We do a lot of takeout, so we’d like to have more dining as well.”
She plans to add a few more appetizers to go with expanded later night hours, such as stuffed mushrooms.
And talks have already been in the works with Eli Fish, Hysek said, which was home to Eden Cafe during its inception and learning years. She plans to have some of Eli’s craft beers at her place at 242 Ellicott St., Batavia.
Once the license arrives, the new hours and additional appetizers will be announced, she said.
File photo of Eden's cauli wings, by Howard Owens.
You read that right - we now offer a gluten free plain bagel option on our breakfast sandwich! Just the latest addition to our menu with the wildly popular bubble teas and fruit juice cocktails. Click here to view our menu or order! #PubHub
Hard as it may be to imagine, it was only 55 years ago that a law preventing discrimination against who can live where was officially recognized with the Fair Housing Act. It was established in April 1968.
Genesee County Legislator John Deleo, speaking on behalf of the Legislature to celebrate this feat, shared a little history about the early days of Batavia.
“When I was a kid growing up, I was on the south side. And of course, there used to be a division. Not as bad when I was younger, but my dad and my grandfather would say the railroad tracks were the dividing line in the city of Batavia,” Deleo said during a recent county meeting. “And if you lived on the south side, you stayed on the south side with the Polish and the Italians, and so on, in the north side. And they kind of stayed there.
"But as time has gone on, and due to the Fair Housing Act here, I think it really helped out, I mean, I think we still have a few problems, but we don't tolerate it here in Genesee County. We're all in the ship together.”
Before that piece of legislative action, prospective home-buyers and renters had much less chance of getting into properties and neighborhoods if they weren’t deemed of the right ilk — ethnicity, skin color, or culture. And although that hasn’t gone away, the Fair Housing Act has been one measure to recognize the issue and serve as a legal avenue for folks to lean upon when encountering such issues.
Genesee County officially celebrated the month of April for the establishment of the Fair Housing Act on April 11, 1968. Deleo read the proclamation as follows:
The County of Genesee celebrates the month of April as the anniversary of the establishment of the Fair Housing Act,
enacted on April 11, 1968. This Act outlines a national policy of fair housing for all individuals who live in the United States, and WHEREAS, the Fair Housing Act prohibits discrimination in housing based on race, color, sex, disability, religion, family status and national origin, and is committed to recipients of federal funding to affirmatively further Fair Housing in
their communities, andWHEREAS, the County of Genesee is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all, and WHEREAS, Fair Housing is essential to the ethical commitment of the County and is crucial to serving our community. Now, therefore, be it RESOLVED, the Genesee County Legislature fully embraces fair and equal housing opportunities and promotes an inclusive community devoted to Fair Housing.
Be it further RESOLVED, that the Genesee County Legislature proclaims the month of April 2023 as “Fair Housing Month” advocating for equal housing opportunities for all residents and prospective residents of Genesee County.
Deleo presented a proclamation to Nate Varland of Batavia Housing Authority, which oversees Edward Court, The Pines, The Terraces, and 400 Towers in the City of Batavia.
The Batavia Housing Authority’s board members work every day to “provide high quality, safe, affordable housing here,” Varland said.
Photo of Legislator John Deleo presenting the proclamation to Nate Varland of Batavia Housing Authority during a Genesee County Legislature meeting, by Joanne Beck.
GO ART! hosted a steel drum band concert in the City Centre concourse on Saturday.
The featured bands were:
Photos by Howard Owens
Press release:
Officials from Batavia Downs Gaming and Hotel announced that their inaugural Jackpot 5k will be taking place on Saturday, June 17th. Proceeds from the race will benefit local community groups and WNY Heroes, an organization that works with Veterans and their families across WNY, including Genesee County, to provide support and assistance.
This family-friendly 5K will start at 9 a.m. and finish at Batavia Downs. The start will be out in front of the facility, following a course around the streets near Batavia Downs and ending at the actual finish line on the Harness Track. The post-race party will be on the track apron, where an awards ceremony for 5 different age groups will be held.
The early Bird price is $25, and participants can sign up at https://runsignup.com/race/ny/batavia/bataviadownsjackpot5k
Racers will receive $25 free play, a T-shirt, a post-race drink and snack. The price increases after May 15, so those wishing to race or walk are urged to sign up as soon as possible.
“We here at Batavia Downs are looking forward to hosting our first 5k event, “said Batavia Downs CEO and President Henry Wojtaszek. “We’ve wanted to do something like this for a long time, and having a course that incorporates the track is a unique twist you won’t find with other local 5k races. We’re proud to be partnering with WNY Heroes on this event. As a veteran myself, I know that WNY Heroes does great work locally, and we are honored to be hosting an event that will raise funds and help them gain exposure for the important work they do.”
The race is sponsored by Michelob Ultra, Nutrl, Tops Friendly Markets, Pepsi, Vivify, Red Bull and Pizza 151.
Press release:
The Holland Land Office Museum is proud to announce the next edition of its Guest Speaker Series on Wednesday, April 19, at 7 p.m. The museum welcomes local author and presenter Rick Falkowski as he shares the histories of those who made our area what it is from its beginnings in the early 1800s. The subjects include such significant persons and events as Red Jacket, Joseph Ellicott, the War of 1812, and the Erie Canal, among many more. Copies of Falkowski's books will be available. Admission is $5 or $3 for museum members. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend.
The Holland Land Office Museum is proud to announce the next edition of its Concert Series on Thursday, April 20, at 7 p.m. as it welcomes back local guitarist and musician Steven Kruppner. The concert will be an hour and a half from 7-8:30 pm featuring a wide array of tunes, focusing on the singer-songwriter as a storyteller. Admission is $5 or $4 for museum members. If you would like to attend, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.
The Holland Land Office Museum is proud to announce the next edition of its Java with Joe E. series on Thursday, April 27, at 9 a.m. This month's presenter is Larry Barnes, the City of Batavia Historian. Larry will be sharing his travels across the United States over the past decade to the other locations named Batavia, all nine in total, the others in: Ohio, Michigan, Illinois, Iowa, Wisconsin, Arkansas, Montana, and California. He shares the origins of their names and compares their features to our own community. Admission is free, and coffee and donuts will be provided. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend.
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