batavia

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

For reasons of timing — and a short window to work with — conflicts with other events and a busy holiday weekend, the Wing Ding Committee has decided to postpone the resurrected event to next year, Assistant City Manager Erik Fix says.

Fix made the announcement to committee members Wednesday, citing reasons of vendors and other entertainment acts being booked already, the potential for difficulty in recruiting volunteers for a busy Labor Day weekend to correlate with the Air Show, a clash in timing with the veteran September festival Labor Daze in Oakfield, and the city not being in a position to set up as event planner.

“We reached out to multiple community partners to see if they would be willing to chair the event and did not have any luck,” Fix said. “The plan is to proceed with preparations for 2024, move the event to a weekend before the airshow so we can have it on a Saturday, and to continue to seek out a community partner to chair the event.

“For this year, we will work with the (Business Improvement District) and other downtown businesses on a promotional piece that can be shared with hotels and at the Airshow, highlighting the different restaurants and shops downtown in an attempt to draw people from the Airshow to the City,” he said. 

He expects planning for 2024 to begin in the next few months. The resurrected Wing Ding was made possible with leftover funds from the city’s Centennial Celebration. City Council had approved a transfer of $9,188 for a Wing Ding event to happen in conjunction with the resurrected Air Show.

Three local wrestlers had strong showings at the NYS championship meet this week, one of the area's top grapplers, Casper Stewart, finishing third in his class, 152 pounds.

That wasn't the result he and his coach and father were hoping for, said Rick Stewart (dad and coach).

" It’s hard to put things in words right now," Stewart aid. "Obviously, it is not the result we wanted, and we are disappointed.  He set the bar very high and expect to accomplish the goals.  Even though this year’s season is an amazing accomplishment with a 51-1 record with a third-place finish at states and an eastern states title, the ultimate goal wasn't achieved, and that will be the motivation for next year. I'm very proud of him and know he will do great things in this sport. He is beyond driven."

Casper’s comments about the future, Just keep training hard, working with good training partners and coaches.

Other local podium finishers in Genesee County:

• Alexander senior Ben Merill finished 4^th in division two, 138 lb. weight class
• Byron-Bergen junior Malachi Smith finished 6^th in division two, 189 lb. weight class

To view the final results, click here.

Photos and information provided by the Attica-Batavia team

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

While city officials have expressed surprise and disappointment about the details of Ellicott Station, developer Samuel Savarino and Steve Hyde, CEO of the county’s Economic Development Center, remain enthusiastic about the possibilities to come along with the 55-unit, low-income apartment complex in Batavia.

During an interview with The Batavian, Savarino was steadfast about tenants being employed and able to pay their rents at the 50 Ellicott St. site.

“Our project is one- and two-bedroom, which I think could be said fits the profile of young workers or working couples,” he said.

The Batavian asked about the maximum income qualifications, per the Ellicott Station application, which in some cases means people making minimum wage wouldn’t qualify for a two-person apartment. Savarino said that those numbers were fixed in 2019, per 50 to 60 percent of the area median income at the time. And they’re not set in stone.

“When things change every year, the income restrictions are reset, just as there are changes in the area median income and what people earn. So, you know, that changes over time. But, I think it really does set at some are 50 and the majority are 60 percent of AMI, right? And that's back in 2019 numbers,” he said. “And the project has to be up and operating before it gets reset. So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down.”

He isn’t sure why city officials are upset about the low-income qualifications and Section 8 availability, he said, since the project has been geared toward what’s affordable for the Batavia area per a market study from the project's inception. It is true, he said, that Home and Community Renewal’s involvement — which happened when the state entity granted him more than $5 million in tax credits to get the project going — also meant a market study review and conclusion about what would be considered affordable.

“I think we had a market study which looked at … I mean, everybody can maybe look around things and draw their own conclusions. And, you know, a market study is a little more detailed … it's a little more refined, and more scientific with determining what the achievable rents would be and whether there would be people to rent at certain levels. Any market study will do that,” he said. “And if you looked at the application that went in to the unified funding application to Home and Community Renewal, which provides the tax credits, which an investor purchases, and then they provide some financing for the projects, that it was workforce housing, affordable workforce housing.

“And that's consistent with what everybody was saying. It can be reset, but that's what we need to follow … at the suggestion of HCR after they examined the market study. My recollection was that they said, that's where the market was. And that was where the need was.

“I’m not quite sure if there's an Oxford dictionary definition of what is affordable as opposed to workforce, as opposed to low income. You know, it depends. And it may mean different things in different communities,” he said. 

Those terms are used interchangeably, he said. Above all, he envisions working singles and couples, or perhaps seniors on a fixed income, living at Ellicott Station. Given the low-income levels, what’s the chance that many would also require government assistance to make the rent if they qualified for those income levels? Savarino wasn’t familiar with how Section 8 works, he said, but it does work the same as with any other rental. It's illegal to discriminate against a tenant with Section 8 requirements, he said.

His management will be screening applicants to ensure they have a job and can pay rent, he said. Furthermore, he believes they will be “good tenants” living in a good, quality residence with plenty of security cameras, and secured access to the building. The Batavian asked him why the playground was built and promoted if he didn’t think the apartments had the space for children — which he had said during the interview — and it is a mandated requirement, he said.

As for the meanings of workforce, affordable and low income, The Batavian had previously published an article citing the definitions, per the Housing and Urban Development site. Though, in talking to various people regarding this project, those words did seem a bit murkier. Savarino disputed a statement in a prior Batavian article that he had quoted specific, ideal wages of $18 to $20, and also $20 and below. He didn’t recall having said that, though it was captured on a recorder. None of the maximum incomes allow for those wages or even $14 in some cases.

The calculations worked out to take 30 percent of one’s salary for rent and utilities, he said, and leave the remaining 70 percent for other expenses. That means tenants could potentially have disposable income to dine at downtown restaurants or do some shopping, which was one of the original goals of the project, he said.     

The other goals were to include commercial and retail projects at the site, and, due to the lengthy time it took to get going, Resurgence Brewing “timed out” and completed a project in its own neighborhood, Savarino said. He has some interested prospects and is committed to following through with a brewery/restaurant with either an outside company or Savarino Companies itself.

Steve Hyde, president and CEO of Genesee County's Economic Development Center, focused on another aspect of the project — the longstanding and dilapidated defunct buildings at 30-50 Ellicott St. Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he said.

He pulled an excerpt from the DRI application for the Build Ellicott Station Project:

“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family.  A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”

“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said. “We continue to work closely with Developer Sam Savarino and his team to deliver upon his commitment to construct new, modern, and affordable workforce housing for working residents who have modest incomes across our community.  This is a critical element to downtown revitalization efforts because not only does Ellicott Station renovate a blighted parcel in our downtown but it is building workforce housing units for working residents in the heart of our downtown many of whom would have the opportunity to work at our area businesses which are sorely needed.”

Hyde and Savarino also pointed to the benefit of having nearby housing for employees that businesses are seeking. Without local residents, it has been difficult at times for employers to fill vacancies, Savarino said. It also equips downtown with tenants within walking distance, Hyde said.

“This further strengthens the opportunity for greater success for our Main Street businesses and our local economy.  I confirmed with Developer Sam Savarino last week that his commitment to deliver workforce housing for working residents is priority #1.  The incentives provided by GCEDC to support the comprehensive re-development of this mixed use project did comprehend the 60 percent or less AMI and associated range of incomes contemplated for the workforce housing facility as reflected in our public hearing minutes, the board memoranda and final resolution from our March 2020 Board meeting,” he said. “The net of this is: The GCEDC Board of Directors trusted in Sam Savarino to deliver workforce housing for working residents in an effort to incentivize considerable investment and improvements to transform the biggest eyesore in our downtown into a new mixed-use development.  They continue steadfast in their expectation of Mr. Savarino to honor his commitment to provide high-quality workforce housing for working residents across our community.

He and Savarino look forward to the project’s completion, and neither seems to believe that the income qualifications are too low to bring prosperity to the city of Batavia, per questions asked by The Batavian and the focused answers.

“I personally continue to look forward to the positive benefits provided by the Ellicott Station project which includes offering new apartments to our working residents priced in an affordable fashion that would allow them to live, work and play downtown,” Hyde said. “This will, in my view, help to elevate the staffing availability and success of our area businesses – our Main Street businesses in particular.  That is the promise we continue to expect and the main premise why GCEDC has participated actively in this project over the course of the last eight years.”

Photo: File photo of Sam Savarino at the Ellicott Station groundbreaking by Howard Owens

Press Release:

Richmond Memorial Library will host an author and book talk on Saturday at 1 p.m. in the Reading Room. Dr. Miriam Thaggert will present her 2022 book, "Riding Jane Crow: African American Women on the American Railroad."

About the book: As Jim Crow laws became more prevalent and forced black Americans to "ride Jim Crow" on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of black female railroad travel: the travel narratives of black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; black middle-class women who sued to ride in first class and ladies’ cars and black women railroad food vendors; and black maids on Pullman trains.

Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or "progress," through her travel experiences.

About the presenter: Professor Miriam Thaggert is an Associate Professor of English at the University of Buffalo. She is the author of "Riding Jane Crow and Images of Black Modernism: Verbal and Visual Strategies of the Harlem Renaissance." She also co-edited two volumes, A History of the Harlem Renaissance and African American Literature in Transition, 1920-30, both published by Cambridge University Press. For more information, visit miriamthaggert.com

Copies are available to borrow through the library and a limited number of copies will be for sale at the event. Richmond Memorial Library is located at 19 Ross St., Batavia. For more about the library, visit batavialibrary.org or call 585-343-9550.

Submitted Photo of Miriam Thaggert.

After more than 50 years in the news business — covering the gamut from radio DJ and newspaper writer to regional photographer, vice president of broadcasting for five stations, and owner of  the successful WBTA radio station with wife Debrah right here in Batavia — Dan Fischer is ready to call it a day

Paperwork was filed on Feb. 17 and the sale became public on Feb. 21 that WBTA advertising executive Jim Ernst, aka Majic Tones LLC, purchased the station, officially titled HPL Communications, for $425,000.

“I’m 72, I’ve been doing this for 53 years, it’s time,” Fischer said to The Batavian. “I enjoy the business; I truly never worked a day in my life. I had the opportunity to sell locally. Jim is an account executive for us, he’s a local guy who grew up in Batavia, and he’s been with us for eight years.”

WBTA AM radio has been on the air based in Batavia since February 1941, with two FM stations, one each based in Batavia and Le Roy, and all three carry the same program. And programs are streamed around the world, Fischer said, to audiences that can be counted “by the person” versus less accurate totals for other audience types.

The station reaps 25,000 listeners cumulatively during each weekly period, though the numbers can vary, say, on a snow day — and “average listenership just soars,” Fischer said. After all, everyone seems concerned about bad weather days.

As for the new ownership, Ernst is a familiar face around town, and “wishes to keep everything the way it is” right now, Fischer said.

“He’s happy with the way things are,” Fischer said.

Staff will also remain the same at this point, which is five full-time, including President/General Manager Dan Fischer and Vice President/Business Manager Debrah Fischer, and five part-time staff, and about four contract talents for sports play-by-play broadcasts, he said.

Perhaps more importantly, how did this all come about? “Jim and I have been talking for a year,” Fischer said. “I was not actively seeking a buyer.”

He liked the idea of keeping the station in local hands, and believes that’s been a key to the station’s success. WBTA had one of its best years in 2019, just before COVID and the pandemic hit, he said, and “we suffered, along with many other businesses,” but the workload on media increased even more so by covering pandemic-related news briefings, announcements, vaccine and protocol updates, and infection rates, he said.

“All while advertising revenues lagged,” he said. “That was a challenge. The station has always done well when in local hands … and owners understand that the way to success was serving the public interest.

“WBTA and The Batavian are the only locally owned and operated media. One of the highlights of my tenure has been our partnership with The Batavian,” Fischer said. “Covering local news is an expensive proposition at a time when advertising revenues for all traditional media are shrinking. We have been able, with our partnership with the Batavian, to stay very competitive in this market.”

Likewise, The Batavian’s publisher, Howard Owens, has greatly valued his professional relationship with Fischer, while also appreciating his “journalistic friendship.”

“I first talked to Dan after I became owner of The Batavian in March 2009. He could see the value of what we were doing, and could see the value of a news partnership. That always gave me somebody to talk to, and we could trust each other. His knowledge of Genesee County has been a tremendous asset to The Batavian, and WBTA is a great example of a news organization serving its local community,” Owens said. “I’m looking forward to working with Jim.”

Fischer’s long history with the company — he and business partner Debrah, who will continue in a consultant role after the sale, bought WBTA in 2004 — also includes a lot of journalism roots attached. His first job was as a country music DJ in Utica who also read the news for listeners. The station owner liked the way Fischer read, and “I really enjoyed doing news,” he said.

“It was a more important calling than just announcing the next Johnny Cash song,” Fischer said.

He worked his way up the ranks, moving to Jamestown, where he met the future Mrs. Fischer, and also worked for Buffalo Courier, Erie Times-News, and WIVB, gleaning all sorts of media nuggets for his future career. He eventually moved to Batavia — a brand new place for the native of Cheektowaga — and credits the late Bill Brown, a popular media figure and author about town — for inviting Fischer to Batavia Rotary, where he met several people, and made those much-needed connections as a new business owner.

Part of the local aspect includes WBTA’s status as being a heritage, full-service radio station. It has been around for decades, even before World War II, Fischer said. News stories from its airwaves have been about tragedy — the Attica Prison riot — and victories — high school championship football games. And everything in between.

“I can’t imagine operating a station with just music,” he said.

Many pancake breakfasts and chicken barbecues later, the Fischers had settled into Batavia life, though as residents of Oakfield. Married for 33 years, they plan to continue their love for travel and visiting family. That is, after all legalities have been finalized, which is to happen in 80 to 90 days when a notification will be sent regarding an assignment of licenses, and that gives the parties 10 days to close the deal.

Top Photo: Dan and Debrah Fischer at the time of the station's 75th anniversary. Photo by Howard Owens. Inset photo, Jim Ernst, courtesy WBTA. 

Ronnel Simien Agee, Jr., 20, of Depew Street, Rochester, and  Jaquel Rashod Gibson, 21, of Rochester, are charged with criminal possession of stolen property, reckless endangerment 1st, unlawful fleeing a police officer in a motor vehicle, 3rd, and obstructing governmental administration 2nd. Agee and Gibson are accused of fleeing from Deputy Kevin Quackenbush in a stolen 2022 Jeep Cherokee after Quackenbush attempted a traffic stop on Route 33 in Stafford at 8:16 p.m. on Feb. 16. The pursuit continued through Bergen, RIga, Chili, and into the Town of Le Roy, where Le Roy PD deployed spike strips. The vehicle stopped on Randal Road and Agee is accused of running from the vehicle on foot. He was taken into custody a short time later. Both men were held pending arraignment.

Brian Tyler Stachewicz, 27, of Porter Avenue, Batavia, is charged with offering a false instrument for filing 1st. Stachewicz is accused of providing false information on a pistol permit application filed on Aug. 22. He was arrested on Feb. 21 and released on an appearance ticket.

Michael John Vanbuskirk, 49, of Union Street, Le Roy, is charged with bail jumping 3rd. Vanbuskirk is accused of failure to appear in court as ordered on a felony charge and then not turning himself in within 30 days. Vanbuskirk was released on an appearance ticket. 

Kevin Michael Monell, 31, of Horan Road, Medina, is charged with petit larceny.  Monell is accused of stealing a carton of cigarettes from a smoke shop on the Tonawanda Indian Reservation on Feb. 23. He was released on an appearance ticket.

Andrea Michelle Kreutter, 33, of East Bethany Le Roy Road, Bethany, is charged with criminal possession of a controlled substance 7th and driver's view obstructed. Kreutter was arrested on Feb. 22 and accused of possessing illegal narcotics during a traffic stop by Deputy Nicholas Chamoun at 11:50 p.m. on May 13 on East Main Street Road, Batavia. She was ordered to appear in Town of Batavia Court on March 14.

Justine Denae Wood, 36, of Washington Avenue, Batavia, is charged with bail jumping 3rd. Wood is accused of failing to appear in Town of Stafford Court on a criminal matter on Jan. 23.  She was arraigned and ordered held on $2,000 bail.

Jayne B. Liotto, 63, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Liotto was reportedly involved in a single-vehicle accident at 1:01 a.m. on Feb. 24 on Drake Street Road, Elba. The accident was investigated by Deputy Jeremiah Gechell. Liotto was released on an appearance ticket.

Hector Yaidal Hernandez, 22, of Ridgeway Avenue, Rochester, is charged with DWI and speeding. Hernandez was stopped 3:34 a.m. on Feb. 25 on Apple Tree Avenue in Bergen by Sgt. Mathew Clor. He was released on an appearance ticket.

No. 1 seed Batavia advanced to the quarterfinal of the Section V Class B1 tournament on Saturday with a dominating win over Livonia, 79-42

Ja'vin McFollins hit five three-pointers en route to a 26-point game. Sawyer Siverling scored 15 points and Carter McFollins scored 12 points.

Photos by Kristin Smith.

 

Batavia's short playoff run in Girls Basketball came to an end Friday night with a loss to Livonia, 66-28.

Anna Varland scored nine points and Adyson O'Donnell scored eight points.

Also in Girls Basketball:

• Notre Dame beat York, 69-46. Amelia McCulley scored 36 points. Emma Sisson scored 14 points.
• Hornell beat Le Roy, 70-40. Lindsey Steffenilla scored 14 points and had 10 rebounds. Kenna MacKenzie scored 12 points.

To view or purchase photos, click here.

Photos by Steve Ognibene

A total operating budget of $33.5 million and tax cap override are not necessarily a done deal, City Councilman-at-large Bob Bialkowski says

Both of those issues are on the agenda for public hearings at the council’s next conference meeting. It’s set for 7 p.m. Monday, in the Council Board Room at City Hall.

Council had two budget workshops earlier this month to review the proposed 2023-24 budget, ask questions and make potential suggestions or amendments. No amendments were made to the spending plan, however, a final vote has not yet been cast, Bialkowski said.

“I’ve had a lot of constituents complain about it,” he said to The Batavian.

He hopes that citizens attend the hearing to make their feelings known for the record.

In her memo to council, City Manager Rachael Tabelski said that a general fund of $19.4 million balances revenues and expenses and includes considerations for increased costs of 8 percent inflation, double diesel fuel, $400,000 in employee wages, $300,000 in retirements, $475,000 in health care and 15 to 40 percent hikes in utilities and materials, including salt, gas and electric.

Employee expenses include nonunion raises effective April 1 for 15 positions ranging from secretary to the city administrator to city manager.

City Council conducted its usual annual performance appraisal for the city manager, Council President Eugene Jankowski Jr. said, per conditions of the manager’s contract. He would not provide any additional comments about the manager’s performance. Her raise is set to go from an initial $112,000 to an adjusted 117,600 and then to $121,128 for the 2023-24 budget year, based on “highest union” numbers.

Positions of human resources director, assistant manager, police chief, and fire chief, and public works director are slated for an $8,000 increase from the initial 2022-23 figure to 2023-24 budget year, for salaries of $111,687 for the first three positions, respectively; $106,453 for fire chief; and $96,194 for DPW director.

City Council recently approved increases for police personnel that would incrementally boost salaries by 3 percent in the first year and 2.5 percent in the second and third years as part of union negotiations. Council members, including Jankowski, Tammy Schmidt, and Kathy Briggs, had agreed that the increases were warranted as ways to attract and retain quality employees and remain competitive with other similarly sized cities.

If the council approves the budget, which requires a larger tax levy than allowable by state mandate, the tax cap override would also have to go to vote and be approved by at least a 60 percent yes vote of council. The proposed tax levy is $6.6 million, however, Tabelski is recommending a stable tax rate of $8.94, which is the current rate. She has said there are to be no new assessment increases this year — unless substantial improvements have been made to one’s property — which may be of little consolation for those still adjusting to the last two years of hikes. Bottom line is that a flat tax rate has meant a bigger property tax bill due to a higher assessment.

There is a third public hearing regarding new water rates, meter fees, and a capital improvement fee. The proposed water rate increase is 30 cents more per $1,000 gallons of water. This measure is to cost a typical family of four $60 more per year, Tabelski said.

There is time allotted for public comments during the meeting. Sign up with the city clerk before it begins.

To view the agenda and related documents, go HERE.

File Photo of City Manager Rachael Tabelski by Howard Owens.

Press release:

“At approximately 7:39 a.m. on Friday, February 24th, officers from the Batavia City Police Department and the Genesee County Sheriff’s Department responded to a phone call in which a threat was made against John Kennedy Intermediate School on Vine Street in the City of Batavia.

“Even though Batavia schools are on break for the week, officers from both departments and the New York State Police immediately responded on scene as any type of threat of this nature is taken very seriously.

“As a precaution, officers checked all the schools in the city school district and schools across Genesee County to ensure the safety of students and staff," Batavia Police Chief Shawn Heubusch said.

“It is still early in our investigation, but we have determined the threat to John Kennedy Elementary School not to be credible. It has been reported that similar threats have been at other school districts across New York and nationally.

“We appreciate the cooperation and assistance of the Batavia City School District on this matter as we continue our investigation with our law enforcement partners at the local, state, and federal levels on our investigation.

“People making these types of threats should know they will be prosecuted to the fullest extent of the law.”

A five-year grant of just under a half million dollars per year will fulfill the city school district’s ambitions to hire more social workers for each school building, focus on family engagement and work to increase student mental and behavioral support, district leaders said Thursday.

The grant was announced by Senator Charles Schumer as part of $3.6 million of Full-Service Community Schools (FSCS) grants distributed by the U.S. Department of Education. Batavia City Schools was the only district in Genesee County to receive this funding.

“We’re incredibly proud to have been recognized and selected by the U.S. Department of Education for this generous Community Schools grant,” Superintendent Jason Smith said. “Our Community Schools program is an essential part of our school district and is a touchstone for many of our at–risk students, families, and community members. With this funding, we’ll be able to decrease the educational gaps we’re experiencing and set our students up for success well beyond their time here in our school district.” 

The grant of $488,761 is for the first year, with an expected total of  $2,499,777 during the course of the five-year grant period.

Other areas of the overall student mental and behavioral support goals will be to “increase readiness for school, increase student attendance and achievement and increase student community connectedness,” Community Schools Coordinator Julia Rogers said.

“These goals also include encouragement of family engagement in each student’s education,” she said. “We will be using the funds to hire additional social workers at each of our school buildings. These positions will allow us to expand the reach of our Community Schools program with the goal of breaking down barriers for students and families to help ensure student success.

“We will continue to focus on family engagement activities that are culturally responsive, empowering, and provide support to families,” she said.

Buildings include Robert Morris, Jackson Primary, John Kennedy Intermediate, Batavia Middle and High schools, and district leaders “hope to sustain this plan after the grant period,” Rogers said.  

Long-term goals for the grant funding include:

• Increase the educational case management for students who are academically at-risk or chronically absent.  
• Increase student access to mental and behavioral health support.
• Increase student readiness for school and student academic achievement.  
• Ensure that graduating seniors are college and career ready.   
• Work to reduce the academic achievement gap between demographic groups and increase student-family-community connections

Community Partners include:

• GLOW YMCA
• GCASA
• ARC GLOW
• BCSD Foundation
• Genesee Community College
• Genesee County Business Education Alliance
• Genesee County Departments of Health and Mental Health
• Richmond Memorial Library
• United Way
• Partners in Restorative Initiatives
• Children's Institute
• GLOW Workforce Investment Board
• Cornell Cooperative Extension 
• Along with our 90+ informal partners  

The grants will provide funding for New York’s community schools to hire more social workers, expand mental health services, offer high-quality tutoring for students who need extra support, and foster trust and support within the community through family programming, Schumer said in a press release issued Thursday. New York State was awarded four grants, which will go towards improving the quality of education in Batavia City School District, Belleville Henderson Central School District, Sodus Central School District, and Booker T. Washington Community Center of Auburn.

“I am proud to deliver this funding to New York’s students, families, and communities, and I will always fight hard to ensure that the next generation has the tools they need to build prosperous and fulfilling lives,” Schumer said.

Dr. Molly Corey, executive director of Curriculum and Instruction, believes this grant provides an opportunity “to strengthen the core foundation” of Batavia City Schools.

Press Release:

The key to success in any good event is its volunteers, and GLOW With Your Hands: Healthcare needs you! Join us for GLOW With Your Hands: Healthcare on March 24 at Genesee Community College for the inaugural, day-long, hands-on career exploration event.

Approximately 600 students from 28 schools will connect with various healthcare businesses and organizations to learn about the multitude of rewarding jobs in healthcare and science-related fields throughout the GLOW region.

Volunteers are essential to support the day-long event.  Those opportunities begin early in March with student bag assembly, continue with event set-up on March 23, and culminate on March 24 with activities that include lunch duty, "tour guides," station supervision, and cleanup.

“Volunteers play a vital role in GLOW With Your Hands career exploration events. The growth of GLOW With Your Hands Manufacturing has been due, in large part to the dedication of local members of the community wanting to make an impact on our youth,” said Karyn Winters, director of the Genesee County Business Education Alliance Director and Co-Chair of GLOW With Your Hands: Healthcare. “Volunteers create a fun, educational environment and contribute to the overall experience.”

Various healthcare sectors will be in attendance, including hospitals and health systems featuring jobs in nursing, mental health, social services and first aid. Students will also connect with local colleges, universities, and secondary and post-secondary training programs to learn about career pathways that will provide a sound return on their investment.

“Volunteer tour guides encourage student engagement at vendor stations, students benefit from both support and positive reinforcement to boost confidence when asking questions and performing vendor activities,” said Angela Grouse, Education to Employment Director at the Livingston County Area Chamber and Co-Chair of GLOW With Your Hands: Healthcare. “Since 2019 at our inaugural manufacturing event, the GLOW region continues to invest in the next generation of workforce candidates. It is special to see how the community rallies together to support our youth.”

Volunteers must be at least 18 years or older. Additional information and volunteer applications are available here.

Additionally, GLOW With Your Hands leaders encourage community members to consider joining one of the many committees for either the Healthcare or Manufacturing event.

Latoya D. Jackson, 37, of State Street, Batavia, is charged with resisting arrest while being arrested on four bench warrants. Officer John Gombos arrested Jackson on four warrants issued by City Court.  Jackson was a passenger in a traffic stop.  While officers were attempting to arrest Jackson, she allegedly refused to comply with verbal commands and resisted being handcuffed.  The first warrant stemmed from an incident on June 20, on State Street, where Jackson was charged with harassment 2nd and released on an appearance ticket, after which she allegedly failed to appear.  The second warrant was issued after Jackson was arrested on a charge of criminal contempt 2nd on June 28 for an incident on East Main Street for which she reportedly failed to appear.  The third warrant was issued for a trespass arrest on July 8 at an apartment complex on East Main Street, resulting in another appearance ticket.  The fourth warrant was issued after Jackson was arrested on Aug. 28 on a charge of criminal contempt 1st, endangering the welfare of a child, and harassment 2nd during an incident on State Street.  Jackson was arraigned in Centralized Arraignment Part Court on Feb 11 and released on her own recognizance. 

Joseph C. Jeffords, 31, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th. Jeffords was arrested on a warrant out of City Court on Feb. 6 and released on his own recognizance.

Raymond J. Vickers, 55, of Dellinger Avenue,  Batavia, is charged with petit larceny and harassment 2nd. Vickers was arrested on Feb. 2, unspecified time, following an incident at a local business. He was issued an appearance ticket.

Jason S. Neth, 28, of Alleghany Road, Corfu, is charged with DWI, suspended registration and speeding. Neth was stopped on Feb. 5 at an unspecified time at an unspecified location in the City of Batavia by Joseph Weglarski. He was issued an appearance ticket.

Amber L. Turner, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and unlicensed operator. Batavia PD K-9 Batu was reportedly alerted on Turner's car during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and she is accused of possession of crack cocaine.  She was issued an appearance ticket.

James N. Difalco, 26, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Batavia PD K-9 Batu was reportedly alerted on a vehicle Difalco was riding in during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and Difalco is accused of possession of crack cocaine.  He was issued an appearance ticket.

LEGAL NOTICE:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application by Hix Snedeker Companies LLC, 8727 Lewiston Rd., Batavia, NY for a major subdivision and retail building for Tractor Supply Store.  This is located on approximately a 52 acre parcel (8.-1-7) in the Town of Batavia, Genesee County, New York.   The land is zoned Commercial.

Said hearing will be held at the Batavia Town of Batavia Town Hall, 3833 West Main St. Rd.,  Batavia, NY on Tuesday, March 7, 2023 at 7:00 p.m. at which time all interested persons will be heard.  If you cannot attend, you may send your comments and concerns to the Chairman at kjasinski@townofbatavia.com  before the hearing.  A copy of the application is on file at the Town Hall for review.

By order of the Town of Batavia Planning Board
Kathleen Jasinski, Chairman.

Press release:

The Holland Land Office Museum is proud to announce the next edition of our Trivia Night @ the Museum. This month's topic is Julius Caesar. 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.

Get in the St. Patrick’s Day spirit at the Holland Land Office Museum with Batavia natives No Blarney! as they return to get us off our feet and dancing to traditional Irish music on Friday, March 10th at 7 pm. Tickets $5 per person and $4 for museum members. Please R.S.V.P. to the museum by email at hollandlandoffice@gmail.com or call the museum at 585-343-4727. Seating is limited, so get your spots now.

The Holland Land Office Museum is proud to announce the next edition of our Java with Joe E. series on Thursday, March 23rd at 9 am. This month's presenter is Don Burkel. "There were thirteen children in the Upton Family, six were girls. The first was born in 1822, and the last in 1846. They became the primary correspondents of their brother, Emory, while pursuing careers and goals which were examples to other women. This is their brief yet interesting story of their contributions."

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.

The Holland Land Office Museum is proud to announce the next edition of our Guest Speaker Series on Thursday, March 30th at 7 pm. The presenter will be Holly Watson of the Linwood Gardens. Linwood Gardens is a rare example of a Western New York country place from the early 1900s with a unique horticultural history and enduring connections to its community. Join family member Holly Watson for a behind-the-scenes look at the history of the people, peonies, and property during this presentation. 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.

Since the first application went in for Ellicott Station, local folks were excited about the prospects of longtime vacant and toxic property along the south side street getting cleaned up, renovated and repurposed.

Funding snags delayed the process from 2016 until it finally —literally — began to get off the ground in 2022. A 55-unit “workforce” apartment complex, alongside mixed-use properties of office, restaurant and brewery space, began to take shape at the site of the former electric and Soccio Della Penna buildings at 30-50 Ellicott St., Batavia.

As the apartments are coming to fruition, a bomb was dropped Friday with an online posting of the application, income requirements and related rents for one- and two-bedroom apartments for up to four people. What once was touted as workforce or affordable rentals were now low-income and Section 8.

City Council President Eugene Jankowski Jr. refrained from saying much about the issue before he obtained more information. But he wasn’t pleased by the news.

“I’m very disappointed,” he said.

Councilman Bob Bialkowski said that he had a feeling this would be the outcome about a month ago, and isn’t happy that he was right.

“I’m disappointed that all the things that were promised didn’t come to fruition,” he said. “The DRI money would have been worth spending if it was built as promised.”

To clarify about that DRI (Downtown Revitalization Initiative) grant money. New York State doled out the grant money for several initiatives, including $425,000 to Sam Savarino of Savarino Companies, the contractor for Ellicott Station. The state granted a total of $10 million of DRI monies within the city of Batavia, but only a portion of that directly to the city, and the remainder of it directly to specific projects, including Ellicott Station.

During the groundbreaking ceremony last year, Savarino talked about the project at 50 Ellicott St. being for workforce people earning in the range of $18 to $20 an hour, and looking for quality housing at an affordable price.

Part of the Ellicott Station project is to include a restaurant and brewery, which Bialkowski doubts will ever get off the ground.  There haven’t been any takers yet, and Savarino has been advertising the opportunity on the Ellicott Station website.

One upside the Councilman-at-large does see with this new complex is that the old Della Penna site has been renovated and will be back on the tax rolls, he said.

They were the only council members to respond to requests for comment.

The project was “billed as mixed-income” and not strictly a low-income complex, City Manager Rachael Tabelski said.

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

Tabelski referred to a letter sent to HCR in 2019 by former City Manager Martin Moore, in which he confirms the city’s intent for what type of housing they expected Ellicott Station to provide.

It states, in part:

I am writing to express support for the Ellicott Station housing project in Batavia, which provides mixed-income/affordable living quarters, and cleans up a blighted site in the heart of the City. The Ellicott Station project phases include construction for 55 mixed-income/affordable housing units, and construction of commercial buildings. The housing project phase provides high quality, well maintained residential units within walking distance of employers, shopping, medical facilities, public transportation, and other amenities. We look forward to the brownfield remediation, and dilapidated building demolition that will occur prior to new construction. 

The Ellicott Station portion of the DRI grant was awarded as a high priority project to address housing and economic development needs. City planning documents also recognize the site as a major component of brownfield cleanup, increased workforce housing availability, and commercial revitalization. 

We request that the Division of Housing and Community Renewal approve the funding for the Ellicott Station housing project. The project aligns with your mission to build and support affordable housing, and supports our goals to increase housing availability and promote economic growth in Batavia. 

Tabelski believes that additional talks have shifted the tenor of the project’s income qualifications, and is pursuing further communication about the issue.

“Unfortunately, the City has not been included in various discussions since then as it pertains to the housing component of the project and is surprised to learn only recently about the (annual median income) and lack of mixed-income housing,” she said. “The City is requesting that the developer work with HCR and economic development agencies to raise the AMI to reflect current manufacturing wages in a good faith effort to remain true to the intent of the project that was originally proposed and subsequently supported by the City.”

She is not certain where exactly the city will go from here, but "we owe it to ourselves and our citizens" to try something and not just let it go. 

Savarino has announced that applications are being taken, and a lottery will be conducted on May 2 in Buffalo to select tenants for the apartment complex. For more information, go to Ellicott Station. 

See also: OPINION: Ellicott Station is not looking like a 'Pathway to Prosperity

Valentine’s Day may be over, but Genesee County is feeling the love, at least for sharing its excess 2022 revenues with the city, towns and villages.

County Manager Matt Landers has proposed the distribution of sharing unanticipated and unbudgeted revenue growth as a voluntary payment of between $12,090 and $392,465 to the county municipalities for a total $2 million distribution payment.

The county Legislature is to vote on the proposal during its meeting at 5:30 p.m. Wednesday at the Old Courthouse. The measure has already been approved by the Ways & Means Committee.

Payments include:

• City of Batavia: $392,465
• Town of Alabama: $64,844
• Village of Alexander: $12,090
• Town of Alexander $66,697
• Town of Batavia: $284,446
• Village of Bergen: $31,528
• Town of Bergen: $80,599
• Town of Bethany: $65,573
• Town of Byron: $73,009
• Village of Corfu: $23,300
• Town of Darien: $146,589
• Village of Elba: $17,248
• Town of Elba: $57,522
• Village of LeRoy: $114,300
• Town of LeRoy: $130,530
• Village of Oakfield: $32,178
• Town of Oakfield: $48,190
• Town of Pavilion: $86,458
• Town of Pembroke: $173,282
• Town of Stafford:  $99,152
• Total Distribution $2,000,000

The Batavian asked City Manager Rachael Tabelski if this money could be used to offset the city's proposed tax levy of $6.6 million, which will require a tax cap override, or how it would otherwise be used. She said it would go toward current expenses.

“This is a one-time revenue of $392,464 that will be distributed in this fiscal year (22/23).  This revenue distribution is above and beyond the current sales tax agreement, and we are grateful to the County for the distribution payment,” Tabelski said Tuesday. “The funding will help us with current capital projects, including the police station, the fire and (Bureau of Maintenance) project, the City Centre Project, as well as vehicle replacement reserve funds.

“I would not recommend using this in next year’s budget on operational items as it is not a guaranteed revenue that we can count on to support operations,” she said. 

Landers has also proposed a resolution to counter the state’s 2024 budget proposal to end the Affordable Care Act enhanced Federal Medical Assistance Percentage, a measure to keep all of the federal savings from now on and use them to cover further expansions of Medicaid eligibility and benefits.

This change would also increase payments to healthcare providers and require the 57 counties to spend at least $280 million more in the 2024 budget year, Landers said. Ways & Means has already approved the resolution, and it will go onto the Legislature to approve that “Genesee County calls on the State to continue to share these federal funds with counties as has been precedent for over 20 years” and that copies of the resolution be sent to Inter-County Association of Western New York, the Governor of the State of New York, the New York State Legislature representative, the New York State Congressional representative, and all others deemed necessary and proper.

Batavia's Winter Guard team performed a show called "Safe Flight" at the 23rd Fantastic Vision Winter Guard Competition in the school's auditorium on Saturday night.

"The show takes you through a tumultuous flight from take-off to the landing," said the show's director, Jane Haggett. "Our 19 guards all performed well.  It was a beautiful culmination of a well-planned event."

Photos by Howard Owens