batavia

Press release:

Town of Batavia has a water main break at the corner of Shepard Road and Ellicott Street Road. Until it is repaired residents will not have water or will experience low pressure on the following roads: Ellicott Street Road, Shepard Road, Putnam Road, Batavia- Stafford Townline Road and Batavia-Bethany Townline Road.

Jasmine Jaquana Allen, 20, of Batavia-Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Allen was arrested following a complaint of marijuana smoking inside dorm rooms at College Village.

Justin Elwell Jr., 31, of Miller Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a parking between 2 and 6 a.m. ticket. Elwell turned himself in to Batavia PD. He posted $100 bail.

Adam Daniel Smart, 32, of Clinton Street Road, Batavia, was arrested on a warrant for alleged failure to appear on an endangering the welfare of a child charge. Smart allegedly failed to appear on for a pre-sentence interview with the Probation Department. Smart was jailed on $2,500 bail.

Jeffrey Cole Thompson, 19, of Swamp Road, Byron, is charged with unlawful possession. Thompson was charged following a traffic stop for an alleged traffic violation at 9:15 p.m. Thursday on Reed Road, Bergen, by Deputy Joseph Corona.

It was just nasty out this morning, with brisk winds, falling snow, blowing snow, a temperature in the mid-teens that felt much colder.

But Batavia residents still went about their business.

A car has hit a bicyclist on Clinton Street Road, in front of Grand View Cemetery, Batavia.

Unknown injuries.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 6:13 p.m.: Very minor injury reported.

UPDATE 6:14 p.m.: Town of Batavia's Engine 24 going back in service.

Press release:

With the recent snowfall City fire crews have been out daily looking for buried fire hydrants.

During one trip down a street, they came across an elderly woman attempting to shovel the end of her driveway alone. The crew of Engine 12 stopped to assist her and the moment was caught by a City of Batavia Fire Department Facebook follower.

Over the next 24 hours this photo flashed across computer, phone and tablet screens 10,000 times resulting in 440 likes, 29 comments, and has been shared 16 times! All records since the Fire Department launched its Facebook page in September of 2014.

Chief Jim Maxwell said "He is proud of the men and women of the City of Batavia Fire Department who routinely go above and beyond for the residents of the City."

Lt. Fix who administers the Fire Department's Facebook page said "Since this photo was added, we have received others who have 'adopted a hydrant' in their neighborhood."

Keeping hydrants clear of snow can save valuable time for firefighters arriving at the scene of a fire.

If your neighborhood has adopted a hydrant, feel free to share it with the "City of Batavia Fire Department, NY" Facebook page.

The owner of a local medical office has been arrested a fourth time for allegedly issuing bad checks, though the latest charge stems from checks written before he owned the business, according to Det. Eric Hill, Batavia PD.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, was charged today with grand larceny, 3rd, for allegedly writing a bad check to Haun Welding Supply.

He was charged with theft this time, police say, because the check enabled him to allegedly steal refrigerated helium liquid.

Hill said the incident was a business transaction.

In November, Zdrojewski was charged with three counts of issuing a bad check.

The checks were written to Turnbull Heating and Air Conditioning in June and August.

Turnbull has filed for a mechanic's lien against Zdrojewski totaling $13,242.

Earlier that month, Zdrojewski was arrested on another charge of issuing a bad check for allegedly writing a bad check to another local business.

He was also reportedly arrested in September on four counts of issuing a bad check for allegedly writing checks to local businesses that wouldn't clear.

According to Hill and other sources, Zdrojewski is currently the owner of Advanced Imaging in City Centre, however he wasn't the owner at the time the alleged bad checks were written on the business account. 

His LinkedIn profile states he was previously practice manager at Advanced Imaging.

There may be other local victims of a 22-year-old rape suspect who was arraigned yesterday in county and city courts, according to Batavia PD.

Kesean Shannon, of Hutchins Street, Batavia, is charged with three counts of sexual abuse 1st, two counts of sexual abuse 3rd and one count of sexual misconduct.

The charges are the result of two separate investigations into allegations that Shannon engaged in sex crimes against two girls, age 15 and 16 and with a victim who is 30 years old.

The alleged abuse occurred in 2012 and 2013.

Investigators believe there may be other victims.

Anyone with information that may assist in the investigation are asked to call Det. Kevin Czora, Batavia PD, at (585) 345-6350.

Press release:

A warrant has been issued for a Level 3 sex offender, James A Chase, who failed to report for his 90-day verification.  

The Batavia Police Department is looking for help from the community in locating him. 

James A. Chase is about 6’2” and weighs 240 pounds. He is listed as homeless on the City of Batavia Sex Offender page. 

He  is usually wearing camouflage and sometimes wears a face mask when he is walking. 

If anyone has information call the City of Batavia Police at 345-6350 or Officer James Defreeze at 345-6365.

UPDATE 2 p.m.: James Chase turned himself in. He is being arraigned in City Court this afternoon. Police say more information will be released later.

A 22-year-old resident of Hutchins Street, Batavia, is facing a group of sex crime charges after being arraigned this afternoon in both City Court and County Court.

Judge Robert C. Noonan unsealed a two-count indictment against Kasean L. Shannon. He is charged with sexual abuse in the first degree and sexual misconduct.

Shannon is accused of subjecting another person to sexual contact while the victim was unable to give consent by reason of being physically helpless.

He is also accused of engaging in sexual intercourse without the other person's consent.

In City Court, before Judge Micheal Del Plato, Shannon was arraigned on two charges of sexual abuse.

"I believe there may be further charges coming based on my conversation with law enforcement and District Attorney Friedman," his attorney Jamie Welch told Del Plato.

Also pending for Shannon are a criminal contempt charge and an unlawful possession of marijuana charge.

At the time of both arraignments, Shannon was in custody and came dressed in the Genesee County Jail orange jumpsuit.

Welch didn't ask for a bail review in either court and Noonan ordered Shannon held without bail.

The attorney also said he isn't ready to bind the case over to the Grand Jury and said he doesn't plan on seeking a preliminary hearing.

Other Grand Jury indictments released today:

Crystal L. Marsceill is indicted on a count of bail jumping, 2nd. It's alleged that Marsceill failed to appear on a criminal court case nor voluntarily within 30 days of her scheduled court appearance.

Kassidy R. Watson is indicted on one count of tampering with physical evidence. Watson is accused of tampering with physical evidence she believed was about to be produced or used in an official proceeding with the intent to prevent the evidence from being produced.

A 21-year-old Batavia resident who entered a guilty plea last month to a pair rape charges received a near maximum prison term from Judge Robert C. Noonan today in County Court.

Maleak H. Green, most recently a resident of Ellicott Street, admitted Jan. 7 raping two girls, age 16 and age 15.  He pled guilty to two counts of rape 3rd in a deal that capped his sentence on both counts to four years in prison, to be served concurrently.

He also entered a guilty plea to criminal contempt 1st with a sentence cap of 1 1/3 to 4 years in state prison.

That sentence could have been given to Green consecutive to his rape sentencing, making a maximum possible sentence of 5 1/2 to 8 years.

Noonan gave Green concurrent terms on all three counts.

Green was charged with rape in the third degree because of the age of the victims, but District Attorney Lawrence Friedman said if the case had been presented to a grand jury, he would have sought an indictment on rape in the first degree, alleging force, along with other criminal charges.

Friedman made the statement while asking for the maximum prison time available in the plea deal.

"It is our position that this defendant received substantial consideration in being able to enter this plea," Friedman said.

Green made no statement to Noonan.

Press release:

The Batavia City Council and City Manager are seeking residents who are interested in volunteering as a member of the following committees/boards:

• Batavia Business Improvement District
• Cable TV Advisory
• Planning and Development
• Plumbing
• Youth
• Zoning Appeals

Residents interested in applying can obtain an application from the City Clerk's Office or can visit the Web site at  www.batavianewyork.com/Files  and download a Committee/Board Volunteer Application under Documents.

Applications are due to the City Clerk's Office as soon as possible.

If you have any questions or need additional information, please contact the City Clerk's Office at 345-6305 or the City Manager's Office at 345-6330 or e-mail  jmolino@batavianewyork.com

Press release:

Del Plato Casey Law Firm, LLP and Raymond F. Cianfrini, Esq., of Cianfrini Law Firm, LLP, are proud to announce that Mr. Cianfrini has joined Del Plato Casey Law Firm as an “Of Counsel” attorney as of January 1, 2015. 

Mr. Cianfrini’s office will continue in its long-standing location of 31 Main Street, Oakfield, New York, where legal assistant and office manager Rhonda Natalizia will also continue to serve clients. 

Michael A. Del Plato and Peter M. Casey will also offer a wide range of legal services at the Oakfield office, in addition to their current location at 73 Main Street, Batavia, New York. 

Mr. Cianfrini, a 1972 Graduate of UB Law School, has been continuously engaged in legal practice in Genesee County and the surrounding area for 42 years.  He will continue to provide quality, client-focused legal services as part of Del Plato Casey Law Firm.  Mr. Cianfrini, Mr. Del Plato, and Mr. Casey may be contacted at either the Batavia office (585-344-1050) or the Oakfield office (585-948-5201).

Del Plato Casey Law Firm, LLP is a general practice law firm handling Commercial and Residential Real Estate matters, Wills and Trusts, Estates and Probate, Business Formations, Family Law matters, Divorces and Legal Separations, Criminal Defense, DWI matters, Traffic Offenses and Personal Injury.

Additional Note: Ray Cinanfrini is chairman of the Genesee County Legislature. Michael Del Plato is recently retired as a City Court judge.

Justin Michael Cahoon, 23, of West Main Street, Batavia, is charged with identity theft, 3rd. Cahoon is accused of making unauthorized charges to another person's checking account.

Ronald Jason Scroger, 34, of Swan Street, Batavia, is charged with criminal trespass, 3rd. Scroger is accused of entering Walmart after being previously banned.

Sarah Mae Wilson, 30, of Hutchins Street, Batavia, is charged with violation of order of protection. Wilson allegedly contacted the protected party via telephone at the Genesee County Jail.

Melissa C. Verton, 35, of South Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a registration suspended/revoked charge. Wilson was arrested at her residence.

Press release:

The City of Batavia is seeking nominations for the following annual recognition awards:

• Community Volunteer of the Year
• Homeowner of the Year
• Business of the Year

These rocognition rewards will be presented by the City Council at a future City Council Business Meeting.

Nomination forms are available on the city Web site:  www.batavianewyork.com  under the home page of the Web site; or they can be picked up at the City Manager's Office; or requested by phone at 345-6333.

Nominations will be accepted through March 1.

Please submit your nominations to Lisa Casey by e-mail at:  lcasey@batavianewyork.com  or by fax at  343-8182  or by mailing to the address below.

Office of the City Manager

One Batavia City Centre

Batavia, NY

Phone:  345-6330

Fax:  343-8182

A preschooler at Jackson Elementary School was diagnosed with leukemia on Jan. 17 and a cheer-a-thon is planned in March to help her and her family.

Four-year-old Emma Harris is very passionate about cheerleading and has been involved with the Batavia Bulldawgs. So a fundraiser focused on cheerleading is a great way to help "Team Emma." Its motto is "We Got This!"

Participants will get a T-shirt and will perform a cheer, short dance routine, stunts, jumps and other fun activities.

There is no charge for attendees to watch the performances. Donations are welcome but not required.

The cheer-a-thon will be held from 3 to 6 p.m. on Saturday March 14 at Batavia High School gym for anyone ages 4 to 12. It will be followed by a performance at 7 p.m. by local high school cheerleaders, dancers from local dance studios and cheer-a-thon participants. In between time, there will be pizza for the participants.

There will also be a 50/50 drawing and Chinese auction at the performance to help the family with medical and travel expenses.

Prizes will be awarded to the top three cheerleaders who bring in the most donations. Cheerleaders may bring sponsor forms -- or a list or donors and their contributions -- to the door.

Cheerleader entrance fee / donation is $25. Make checks payable to  EMMA HARRIS. Please register and pay by Feb. 28 to guarantee pizza and T-shirt.

Registration information must include:

• Participant name and age
• Parent name
• Address
• Phone
• T-shirt size
• Donation  and/or  payment of registration fee ($25 minimum)

Mail with entrance fee to:

Sherri Wahr

17 Elmwood Ave., Batavia NY 14020

For questions / information call or text Sherri at (585) 356-0639.

****Business sponsors are sought to donate items for the Chinese auction. T-shirt sponsorships are sought for a donation of $50.

Another avenue to help is this direct link to donate to Emma:

GoFundMe.com/kvpqb4

In a sometimes testy discussion, Councilman Kris Doeringer wasn't the only official in Vibrant Batavia's corner during a budget workshop Monday night, but he was the most passionate.

He's not arguing, he said, for a bottomless well of money to fund the upstart community improvement group, just another year or two of seed money to ensure it can survive on its own.

"Two years ago, I said I wanted Vibrant Batavia to be self-funded, and I still believe that," said Doeringer (top photo).

The fact that the Centennial Committee, a subcommittee of Vibrant Batavia, was able to raise $125,000 for the city's 100th anniversary celebration is a sign Vibrant Batavia can flourish, but being only 18 months into the venture, and 12 of those months spent on Centennial fundraising, simply hasn't given the group enough time to establish itself, Doeringer said.

"You have to give us time for these things to happen," he said.

That doesn't seem likely to happen. At least five council members sound like they're ready to cut all funding.

John Deleo, Eugene Jankowski (bottom photo), Patti Pacino, Kathy Briggs and Rose Mary Christian all expressed outright opposition to continued funding or indicated they were leaning against further funding.

Vibrant Batavia is asking for $50,000 for 2015 and City Manager Jason Molino recommend an expenditure of $45,000.

The funds are channeled through RochesterWorks, a community organization group, which takes a 5-percent cut and pays for Leanna DiRisio to run Vibrant Batavia.

After the meeting, Council President Brooks Hawley said he feared, without funding, Vibrant Batavia would wither on the vine.

"I believe once that leadership is gone it disappears and there no more vibrant at all," Brooks said.

Adding up the $90,000 paid to consultants at czb to do a needs assessment for Batavia, and $80,000 already committed to Vibrant Batavia to help get it started, if it dies, Hawley acknowledged, that $170,000 investment to try and build a more vibrant future for Batavia goes down the drain.

"From that report that we did, the council spent a lot of money doing that, and they gave us recommendations on how we can improve our city," Hawley said. "That's where BDC came from, that's where Vibrant came from, that's why I don't want to cut the legs from underneath them, but I would like to see, Vibrant, like I said, not do a three-year contract, but do a year-by-year, look at it, gauge it and see. I would like to reduce the funds eventually so they're self-sufficient."

Leading the opposition to continued funding are Deleo, Briggs and Christian, with Jankowski and Pacino professing a degree of neutrality but asking skeptical and doubtful questions.

"The thing I get from my people when they come in is they all think it was great, but they say don't take the money out of my pocket to pay for it," Deleo said.

Briggs said, "They've done a wonderful job, but the taxpayers shouldn't have to pay for it. They don't have to want to pay for it. They want these people to be able to go on their own."

Christian said she's also hearing from constituents on the issue.

"I like Vibrant Batavia, but I've had too many calls and too many complaints," Christian said. "I don't want to give $50K for it and have it go to Rochester, too."

Jankowski said people are concerned about keeping up with the cost of living and therefore want to cut out government expenses.

"It's tough when raising kids," Jankowski said. "The cost of living increases, bills go up and they cut out something, whether it be cable TV or newspaper delivery. They cut what they can possibly cut. This is where people are coming from, those affected by this tax increase, proposed, are getting here and they're reacting emotionally to it and they're saying, 'Do we really need this $50,000 going here? Can't we offset my taxes and save me some money?' I think it's a legitimate question."

Pacino said she was just asking questions to help clarify how the money going to Vibrant Batavia was being spent.

"What are they doing with that money?" Pacino asked. "(Taxpayers) are not going to accept, 'well, it's all coming back to the community.' I believe that. I love this group, but I can't just say it's going back to the community."

Pierluigi Cipollone expressed support for Vibrant Batavia.

"This is an investment," Cipollone said. "It's an investment in our community. It's an investment in our people. Like Kris said, we're not going to see a dollar-for-dollar return on our investment. We're going to see a return in the form of more pride in the city. People cleaning up their streets a little better, helping out their neighbors. That's where the benefit comes from this. To look at this as a mere expense is missing the picture. You have to look at it as an investment in the community."

John Canale said he's heard from one constituent on this issue -- the only time, he said, a constituent has ever come forward on his or her own to express an opinion about anything. That constituent loves Vibrant Batavia, wants to see it continue, but believes funding should eventually be cut off and the group should make it on its own, he said.

In his defense of Vibrant Batavia, Doeringer didn't back down from the debate.

In response to questions by Jankowski and Pacino that seemed to indicate the only money coming back to the community was the money spent on block parties, Doeringer tried to make the case that 100 percent of the city's investment in Vibrant Batavia comes back to the community.

The salary for DiRiseo, though an administrative cost, is money that is being invested in the community, just as the administrative cost of paying council salaries is money invested in the community.

That led to the following exchange between Deleo and Doeringer, with the two council members talking over each other at times.

"Doesn't 5 percent go to RochesterWorks?" Deleo asked.

"Right, we're hiring them to send one of their employees to us."

"So we're down to 95 percent."

"We are paying for their expertise," Doeringer said over Deleo's comment. "We are paying for their training of their employee to benefit our community, so it's 100 percent of the money that comes back to the community."

Christian said she was making her plea to cut funding on behalf the middle class (which apparently includes people who make minimum wage).

"Basically, what you're forgetting is the middle class, and the middle class is really strapped and they really can't afford much more of anything," Christian said. "That's my concern. I mean these things are just out of control. I mean, the minimum wage around here is, what, $8.50 an hour or whatever. You're lucky if they make $30,000. We have all these increases and everything else and nobody has the concern it seems like for the middle class. I'm middle class. Don't you have any concern for me?"

Doeringer said he also was middle class, which prompted the start of a retort Doeringer didn't let Christian finish.

"I hardly think living on Naramore versus living --" with Doeringer cutting her off with a tart, "I don't live on Naramore."

Hawley would like to find a way to continue funding Vibrant Batavia so that the group can continue its work on behalf of the residents and business owners of the community, but he doesn't see funding as something that continues indefinately.

"I don't want to put a timetable on it," Hawley said. "At the most, this year and next year and then that would be it for me. I wouldn't vote in favor after that, but they've only been around for two years. I think City Council needs to invest in them for four years to make sure they have solid footing and go from there. I don't want to see them disappear at all because they do great things in our community."

Before the Vibrant Batavia discussion, Fire Chief Jim Maxwell and Police Chief Shawn Heubusch both discussed their budget requests.

The fire department proposed budget is $3.9 million, with: $2 million in base salaries; $125,000 in overtime; $139,390 in holiday hours; a $35,000 one-ton utility vehicle; $21,000 in professional development and training; a $549,190 contribution to the state retirement fund; and $188,430 for Social Security taxes.

The police budget is $4 million: $2.1 million for base salaries; $220,000 for overtime; $12,000 for the emergency response team overtime; $85,000 for holiday pay; $63,360 for two patrol vehicles; $61,000 for gas; $44,870 for uniforms and body armor; $19,000 for travel and training; $38,000 for new officer training; $539,980 for the state retirement fund; $194,340 for Social Security tax; and $434,610 for medical insurance.

Christian said she would rather see more money go to police.

"I myself would like to see more policemen," Christian said. "I really wanted to have more body cameras for our officers. It's really crazy out there. I don't know if you're familiar with the streets, but I am. I want you to know anything can happen at any time, but I really want them protected and the ability for us to know what's really going on out there."

UPDATE: Here's a breakdown of how the czb report was funded: $25,000 from a state grant for sustainable neighborhoods; $30,000 from a federal CDBG for community planning; $25,000 that came out of a housing loan program in the 1990s (income from that program); $7,000 from the city's 2010-11 budget, for a total of $87,000 -- plus $8,000 of staff time support of the consultants.

Jon N. Roblee, 39, of Liberty Street, Batavia, is charged with resisting arrest, third-degree assault 3rd, and assault, 2nd. Roblee allegedly pulled the hair of another person, causing hair to be pulled out of that person's head and causing pain. He also allegedly punched the victim in the chest. He allegedly resisted arrest and struck an officer in the face, causing injury. Roblee was ordered held without bail.

Michael John Henry, 48, of Hutchins Street, Batavia, is charged with endangering the welfare of a child and criminal obstruction of breathing. Henry allegedly choked another person while in the presence of a child. An order of protection was issued.

Kevin J. Weber, 44, of Columbia Avenue, Batavia, is charged with criminal mischief. Weber allegedly damaged a door at a residence on Columbia Avenue during an argument. Weber was jailed on $2,500 bail.

Ryan L. Weber, 35, of North Lyon Street, is charged with operating a vehicle without valid inspection. Weber was arrested on a warrant for alleged failure to appear on the charge following a traffic stop.