batavia

Four decades of wrangling, including five lawsuits, between the city and mall property owners is close to finally being wrapped up after a majority of property owners tonight voted to approve a settlement agreement. 

The agreement gives the city control over, and responsibility for the mall concourse. 

This settlement is the biggest step, but not the final step, in resolving this long-standing dispute. The vote for the settlement was not unanimous and if any mall property owners fail to sign the agreement it would drag out the legal process. Recalcitrant owners would have to appear before a judge and explain, show cause, for their failure to sign.

Most of the mall property owners coming out of the closed-door meeting where they voted on the agreement tonight were smiling. Robert Chiarmonte, chair of the Mall Merchant Association, said he was glad the settlement was finally approved. 

"The positive thing is that this year the maintenance fee, which will actually be called a user fee now, will stay level or somewhat level for about five years. We have our easement. We don't go to court. That's a good thing."

The protection of property owners easements was an important point to include in the settlement, Chiarmonte said.

"That was a big thing because some people were worried about being able to refinance their property or sell their property," he said.

Every property owner in the mall must now sign off on the agreement. They have 10 days to sign. If they don't, the mall merchants attorney and the city attorney will try to convince them to sign. If they still don't sign, they will have to explain their reason and provide evidence to support their reason, before a judge in Buffalo.

The vote total from tonight is not available. Each mall property owner who is in good standing on mall association fees had a vote weight by the square footage of his or her property. The City didn't have a vote on property it owns through foreclosure, but it did have a vote based on ownership of City Hall. Chiarmonte said the motion to approve the settlement would have passed, just based on the property size of the owners who did support the settlement, even without the city's vote.

City Manager Jason Molino said he expects a final resolution to be in place by April, at which time the city can take over maintenance and began work to replace the roof, repair the skylines and clean up the entryways.

"The optic improvements, the visuals, that will make the space more welcoming and open to investment," Molino said.

The city owns, through tax lien foreclosure, a handful of properties in the Mall. Once the appearance of the mall improves, those properties will be easier to sell and they will go up for auction.

Chiarmonte thinks that in itself will be a big step forward to help bring more traffic into the mall as new businesses open in those locations.

Molino agrees.

"My estimation is that when some of the improvements begin, and just some of the aesthetic improvements begin, which is not a lot, you're going to start seeing interest in those properties," Molino said. "You will see people are going have a different perspective on investing in those properties. That will be just a positive turn, just that alone."

Press release:

Tops Friendly Markets, a leading full-service grocery retailer with a store in Batavia and one in Le Roy, announced today that the company will offer military personnel and their immediate families an 11-percent discount off of their grocery bill this Veterans Day.

On Saturday, Nov. 11, Tops Markets will honor an 11-percent discount off of a total order to all veterans and immediate family members in the same household, who shop at any Tops location.

Customers should present proof of service that they, or an immediate family member are a U.S. veteran, active duty, reserve or retired military personnel to automatically receive an 11-percent discount off of their total purchase that day.

“The respect and gratitude we have for the people who serve and have served in the military is immeasurable, and for that we are forever grateful,” said Frank Curci, Tops chairman and chief executive officer.

“We wanted to support local military personnel by giving back to our associates and customers who have courageously defended our country and made many sacrifices through their military service.”

Tops is a longtime supporter of military associates and customers. The company’s actions include support of Honor Flight Missions, Wounded Warriors, American Veterans Traveling Tribute Wall, sending care packages for troops serving domestically and overseas, participation in veteran job fairs, parades and expos and a myriad of other veterans events.

The larceny of a pumpkin was reported in the vicinity of East Main and Liberty streets in the City of Batavia. The complainant says there's a "known suspect" in the case and has contacted the dispatch center. A police officer will be following up on the lead.

Submitted photos and press release:

Eugene Jankowski Jr. finished First Place Senior, Overall at the 2017 Blue Ridge Mountain 3 Gun Championship, Sponsored by DoubleStar Corp, and held at RockCastle Shooting Center, Park City, Ky., Oct. 19-21. He is president of the Batavia City Council and a retired City of Batavia police lieutenant.

The Blue Ridge Mountain 3 Gun Championship is physical match designed to challenge the competitors shooting ability with handgun, rifle and shotgun while navigating man made obstacles nestled in the natural terrain of the Kentucky foothills.

More than 250 competitors from all over the United States attended this year's three-day event.

“Blue Ridge Mountain 2012 was my very first attempt in a 3 Gun match. Five years later, it’s great to come back and win a first-place trophy!” Jankowski said.

Jankowski is sponsored locally by Offhause Farms and Pheasants on The Flats shooting range in Batavia. Video of the match can be found at here.

A suspect in a home invasion burglary on Central Avenue who has been on the lam for a year will remain confined to jail without bail Judge Charles Zambito ruled this morning when Adante L. Davis was arraigned on felony counts of assault, 2nd, and burglary, 1st. 

Attorney Marty Anderson, appointed to represent Davis, argued that Davis, in previous criminal cases, has a record of making appearance and should, therefore, have bail set at a reasonable amount.

Assistant District Attorney Robert Zickl disagreed.

"He's been gone for a year," Zickl said. "He fled knowing he was wanted in connection with a serious home invasion burglary and is facing a Class B violent felony and his co-defendents received significant prison terms."

Zickl added that Davis three failures to appear on his record and a prior probation violation and prior parole violation.

He said he considered Davis a significant risk to flee if released.

Zambito agreed.

Three other men -- Daniel Gilbert, Marquis Saddler, and Oliver Thomas -- have all previously entered guilty pleas to charges stemming from the October 2016 incident and are currently serving state prison terms.

The next scheduled court appearance for Davis is 1:45 p.m., Dec. 21.

Statement from City Manager Jason Molino:

“The trial has been postponed today, awaiting results of the Mall Merchants vote tonight on the settlement agreement. Both parties are to report back to the court Tuesday morning with the results of the settlement vote to determine next steps with respect to the court cases.”

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

The lack of support groups in Genesee County for mothers, and teen mothers, inspired Maria Rowland to bring the program, YoungLives to the area. 

YoungLives is a support group for teen mothers to come together once a week. 

YoungLives is a branch of Young Life, an outreach program for high school and middle school kids, which has programs in surrounding counties.

“There is a huge gap in Genesee County for moms,” Rowland said. “This is a huge opportunity. We need it.”

The support group meets on Tuesdays from 6:30 until 8 p.m. at 350 Bank St., Batavia.

Anyone age 16 to 20 is welcome at each session, which includes dinner, activities and childcare. The program is free and with no membership required.

Each participant is set up with a mentor, that they can come together with twice a week for “club time.” Transportation can be provided if needed.

“We do a lot of contact work,” Rowland said. “[It is] a time for us to get together and build relationships with them.”

During the summer, participants can also experience a weeklong camp. Babysitting is provided, while the participants experience camp life.

“It’s just a time for these girls to get together to support them and to love them where they’re at,” Rowland said.

The program is a collaboration with Teen MOPS, Mothers of Preschoolers. The first and third Tuesday of each month is for YoungLives meetings, while the second and fourth Tuesday is for Teen MOPS.

“Every Tuesday we have something set up for them,” Rowland said.  

Rowland was inspired to bring the program to Genesee County after she saw multiple friends' daughters have children as teenagers.

“They had a huge support network within their family,” Rowland said. “Yet they still felt disconnected. I thought, ‘What is it like for those teen moms that don’t have that support group? What do they do?’ ”

The support group is meant to be a place for Genesee County teen mothers to feel safe, loved and supported, Rowland said.

“Our goal in this is to love the teen moms unconditionally,” Rowland said. “That is the whole purpose of me doing this, to love these girls unconditionally as Christ loves us, and that is why I am doing this.”

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Monday, Oct. 23, from approximately 9 a.m. to 3 p.m. in the general area south of Main Street and east of Jackson Street. Homes and businesses nearby will be affected. 

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

For the first time in its history, last night the Ghost Walk at the Historic Batavia Cemetery, a fundraiser for the cemetery, was sold out.

Top photo: Tim Buckman as Philemon Tracy, the only Confederate officer killed during the Civil War who was buried north of the Mason-Dixon Line.

Patrick Weissend as Joseph Ellicott.

Tracy Ford as John H. Yates, poet, preacher, philanthropist, journalist.

Bonnie and Charley Boyd as Mary and Dean Richmond in the Richmond Mausoleum.

HomeCare & Hospice Foundation Inc. sponsored its first OctoberFest on Saturday night at Batavia Downs.

Bontrager Auction Center hosted its fifth old-fashioned barn dance and dinner last night with proceeds benefiting Genesee Cancer Assistance.

Top photo: Organizers Bob Stocking, Verna Oehler, Penny Arnold, Jackie Johnson and Julie Tybor.

Police are searching areas west and north of UMMC for a man in a hospital gown and underwear who escaped custody while at UMMC.

The man is a suspect in an assault and was taken to UMMC for a mental health evaluation.

Search areas have included the area around Dwyer Stadium and behind the high school, North Side Apartments, Walden Estates and the general area.

The suspect is a male in his 30s.

If spotted, Emergency Dispatch can be reached at (585) 343-5000.

UPDATE 10:26 a.m.: The man remains at large and is not considered armed; he's wearing a hospital gown and boxer shorts. Police plan to charge him with third-degree assault, and other charges, stemming from a domestic incident in Elba last night. A State Police helicopter will soon be deployed -- an ETA of about 20 minutes -- and a DEC canine unit is on scene. The search area is Bank Street in the city, northwest between the Thruway and the high school. The command post is by Walden Estates apartment complex, where the suspect was last seen.

UPDATE 11:17 a.m.: The suspect has been spotted on State Street Road by the Thruway. He is only wearing blue underwear, having jettisoned the hospital gown.

UPDATE 11:20 a.m.: The suspect has been taken into custody in a field north of the Thruway.

This beautiful, unique looking feline decided a couple of weeks ago to take up residence under Jim Schmitt's garden shed.

Schmitt lives in the area of Bank and Ross streets in the City of Batavia. He has two cats already and can't keep this foundling.

He writes "As you can seen he (she?) is very beautiful and most likely not just a stray. He looks to be part Siamese and has blue eyes and four white 'boots.' "

If you are the owner or know who is, please contact Jim at 343-5707.

Photo courtesy of Jim Schmitt.

On a colorful, sunny, fall day, participants from throughout the community turned out to John Kennedy School for the My School Color Run, which was an untimed run/walk over a three-mile course through the City of Batavia.

A two-car accident with minor injuries and entrapment is reported in the area of 8290 Lewiston Road, Batavia.

Batavia fire and Mercy EMS dispatched.

If you were planning to take advantage of the unseasonably warm weather and take part tonight in the annual Ghost Walk of the Historic Batavia Cemetery, too late. It's sold out.

Ray leach runs the opening punt return for a touchdown. On Batavia’s next possession Leach runs 71 yards for a touch down by diving into the end zone.

Batavia’s next punt return was run back 61 yards for a touch down by Chandler Baker.

In the first three minutes Batavia lead the Wayne Eagles 21 to zip.

 It was more than impressive. For many in attendance it seemed that the game was over and it was time to go home.

Perhaps this is what the Batavia Blue Devils' offense thought, too. They would not score again until the last two minutes of the third quarter when Wayne had come all the way back to lead the Blue Devils 22 to 21.

During the nearly three quarters when Batavia’s offense had almost no effect on the game, Batavia’s defense had a few impressive stops and forced three turnovers. John Kindig and Josh Barber each had eight tackles for a loss of two yards.

Wayne slowly battled back gaining momentum with each successful play.

With 1:51 left in the third quarter Batavia’s offense returned by scoring a touchdown. With 4:42 left in the fourth, Wayne answered back with a touchdown of their own, but failed to convert on a two-point extra point attempt.

At 1:44 Batavia scored again, making the final score 36 to 28. Chandler Baker passed 14 times for seven completions and 65 yards. Ray Leach had 12 caries for 158 yards. 

Press release:

A water main break has occurred on Union Street south of Richmond Avenue. A Water Department crew is on site to make repairs. Water service on Union Street between Richmond Avenue and West Avenue will be interrupted until repairs are complete.

Longtime community activist Catherine Roth was honored today in a dedication of a new polished granite bench in the Batavia Cemetery.

Roth, 95, and now living in Albany, wasn't able to attend, but Richard Beatty, a member of the board of directors of the Landmark Society of Genesee County, said her presence is still felt in the community.

She wasn't, however, as sometimes misstated, the founder of the Landmark Society. That was Sally Osborne. Roth was, though, a founding board member and served on the board for decades and for many years she was board president.

She was instrumental in saving the St. James Rectory and the Engine House. She also played a key role in getting published the book "Architectural History of Genesee County."

Her other community endeavors included serving on the City Council, the Holland Land Office Museum Board, Girl Scouts, and the YMCA board.

The bench sits on the edge of an arboretum created as a memorial to her son James and overlooks the obelisk of Joseph Ellicott. The project started with an anonymous donation to create something that would honor Roth and the Landmark board came up with the idea for the bench and completed the project.

Lucine Kauffman, a former Landmark board member, said she spoke with Roth this morning and asked if Roth had any words of wisdom to share, and Roth said, "I just wish I could be there to sit on it."

Beatty, who has only been on the Landmark board for two years, said he's heard Roth described as a "force of nature."

"Her name has come up many times, usually along the lines of ‘What would Catherine do?’ " Beatty said. "I got the impression that what Catherine wanted, Catherine got. I’ve learned from those who know her well that her desire to get things done is infectious and she brought many people together to help her achieve her goals. Catherine is the type of person every community needs to thrive.”