batavia

Shane Christopher Bunce, 38, Chili Avenue, Rochester, is charged with fourth-degree grand larceny and second-degree aggravated unlicensed operation. At 6:36 p.m. on Sept. 8, after an investigation into a motor-vehicle theft that occurred on Clinton Street Road in Bergen, Bunce was arrested. He was issued an appearance ticket and uniform traffic tickets and is due in Bergen Town Court on Oct. 14. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien. Also, during the grand larceny investigation, it was allegedly found that Bunce possessed a stolen dirt bike. He was arrested and charged with criminal possession of stolen property in the fourth degree. He was processed at the Genesee County Jail and released with an appearance ticket for Oct. 20 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Erik Andre.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors approved incentives for a building renovation project in the City of Batavia at its Sept. 3 board meeting. 

Neppalli Holdings LLC will invest approximately $1.165 million to renovate a three-story building at 99 Main St. in Downtown Batavia. The renovation and redevelopment of the 7,500-square-foot building, which was built in 1865, includes a new storefront, façade, and reconstruction of the existing three floors.

A dental practice will reside on the first floor with the second floor being developed for commercial office space. The third floor will include two two-bedroom market-rate apartments.

Neppalli Holdings LLC is the latest transformational building renovation project to proceed in Downtown Batavia through Governor Cuomo’s $10 million Downtown Revitalization Initiative (DRI).

The project will be receiving sales and mortgage tax benefits totaling $63,500.

Press release:

Officials at Batavia Downs Gaming today announced that in accordance with the state’s guidelines for reopening, Batavia Downs Gaming will once again be open beginning at 8 a.m. today, Sept. 9th. 

Upon arrival, all guests of Batavia Downs will undergo temperature checks and must have on a face covering. Clear markings on the floor will indicate where patrons may go in order to maintain safe social distancing.

Select Restaurants and Bars will be open and patrons may enjoy food and drink inside those restaurants.

Batavia Downs will be increasing the rigor of cleaning and sanitizing procedures throughout the facility. They will also be increasing the number of shifts and hours of their environmental service team to maintain the desired level of cleanliness upon reopening. There will be more than 120 hand-sanitizing stations located on the gaming floor, event spaces and in all the restaurants.

Batavia Downs asks that guests looking to visit wash or sanitize their hands frequently and always after visiting the restroom. They should wipe down frequently used personal items such as their phone and glasses. If someone is feeling ill or has felt ill recently, they ask that you remain home until you are feeling better.

“We are so looking forward to welcoming back our guests,” said Henry Wojtaszek, president and CEO of Batavia Downs. “Our staff is working diligently on providing a safe, secure entertainment environment for everyone to return to and enjoy.”

A natural gas leak is reported on the property of Los Compadres Mexican Taqueria, 40 Oak St., City of Batavia. City fire and police are responding. National Fuel is called to the scene. The street in the vacinity is shut down. Dispatch is trying to contact the owner.

UPDATE 8:16 p.m.: Traffic will be closed to tractor-trailers at Interstate 90 and Oak Street and at Main and Oak Street. Residential traffic will be allowed to continue.

UPDATE 8:50 p.m. (By Howard): The building has been ventilated. Oak Street is being reopened. 

A caller to dispatch reports finding a pedestrian lying in the roadway on Park Road, just off Oak Street in the city after a hit-and-run accident. Mercy medics are on scene, along with City fire and police.

UPDATE 5:13 p.m.: The caller was mistaken; this was not a hit-and-run accident and no vehicle was involved. A pedestrian tripped and fell in the roadway and was subsequently found by a passerby. The pedestrian has some cuts and bruising and is being taken by Mercy medics to UMMC. City fire is back in service.

Justin T. Gladney, 31, of North Spruce Street, Batavia, is charged with: second-degree rape and possessing a sexual performance by a child. Gladney was arrested in connection with an incident at noon, June 4, on Lehigh Avenue, Batavia. He was arraigned in Batavia City Court Sept. 1 and put in jail on $20,000 cash bond, $40,000 secured bond, or $80,000 partially secured bond. Gladney is due in city court at 11 a.m. on Oct. 1 to answer the charges. The case was investigated by Batavia Police Officer Matthew Wojtaszczyk.

Rick Anthony Drury, 58, of Shady Lane, Batavia, is charged with first-degree criminal impersonation -- impersonation of a law enforcement officer. At about 7 p.m. on Sept. 3, Drury, in a separate incident on Shady Lane in Batavia, displayed a gold badge in his wallet to a deputy and allegedly stated that he was in law enforcement with the Department of Environmental Conservation. Further investigation found he is not a law enforcement officer with DEC now or ever. The badge he displayed was a gold New York Excelsior badge. He is due in Town of Batavia Court to answer the charge on Oct. 22. The case was investigated by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy David Moore.

Chad S. Williams, 49, of Infinity Lane, Rochester, is charged with a violation of the NYS Sex Offender Registry -- parole absconder. At 11:13 a.m. on Sept. 3, Williams was stopped at Exit 48 of the NYS Thruway interchange for an observed vehicle and traffic law violation. Following an investigation, Williams allegedly assumed the identity of another person in an attempt to conceal the suspension of the NYS driver's license. After his real identity was determined, he was allegedly found to be a parole absconder, wanted by the NYS Department of Correctional and Community Supervision (NYSDCCS). He was taken into custody and later transferred to NYSDCCS. More charges are pending. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Investigator Ronald Welker.

Lisa M. Fox, 49, of Ridge Road, Albion, is charged with second-degree harassment. She was arrested by Batavia Police Officer Peter Post following a domestic dispute at UMMC at 1:38 p.m. Aug. 28. It is alleged that she spit in a person's face. She was released with an appearance ticket and is due in Batatia City Court on Oct. 10. Sgt. Mitchell Cowen assisted Officer Post. 

Joshua Paul Fields, 23, of Pearl Street, Batavia, is charged with: Driving while intoxicated; aggravated unlicensed operation in the second degree; operating a motor vehicle with an open container of alcohol in the vehicle; refusal to take a breath test; and driving with an obstructed view. At 11:36 p.m. on Sept. 3, Fields was arrested on Wortendyke Road in the Town of Batavia after a hit-and-run accident that allegedly occurred in the City of Batavia. He was released on appearance tickets and is due in Town of Batavia Court on Sept. 24. The case was handled by Genesee County Sheriff's Officer David Moore.

Paula G. Pierce, 28, of State Street, Batavia, is charged with petit larceny. She was arrested on Sept. 1 after an investigation of a larceny reported at 9:40 p.m. Aug. 30 on Morse Place, Batavia. Pierce was released on an appearance ticket and is due in Batavia City Court on Dec. 8. The case was handled by Batavia Police Officer Sean Wilson.

One hundred golfers gathered at Batavia Country Club on Saturday for a golf tournament held in memory of Mike Tenebruso and to raise funds for the Michael Tenebruso SUNY Brockport Memorial Scholarship Fund. This year's recipient was Ray Zajac.

Photos and information submitted by Al Fulton.

From left, Marcia Tenebruso, Ray Zajac, Kristine Tenebruso, Anna Tenebruso, Nicholas Tenebruso, Nathan Tenebruso, organizer Dave Petruzzi and Tony Tenebruso.

Press release:

Due to the Labor Day holiday, both the Genesee and Orleans County Health Departments will be closed on Monday, Sept. 7.

There will be no map, website or media updates over the weekend or on Monday.

Updates will resume on Tuesday, Sept. 8. Stay safe, stay distanced and wear your masks to continue to slow the spread. Thank you for your understanding.

New Cases – As of 2 p.m. 

• Genesee County received one new positive case of COVID-19.
  • The new positive case resides in Batavia.
  • The positive individual is in their 40s.
  • The individual was not on quarantine prior to testing positive.
  • Twelve new individuals are on precautionary quarantine due to travel from restricted states. 
     
• Orleans County received two new positive cases of COVID-19.
  • The two positive individuals are located at the Albion Correctional Facility.
  • One of the positive individuals is in their 30s and one is in their 50s. 
  • Four new individuals are on precautionary quarantine due to travel from restricted states.

A motor-vehicle accident is reported at 41 Clinton St., Batavia. There are injuries and it is blocking traffic. The location is between East Avenue and Grandview Terrace. City fire, Mercy medics and police are responding.

UPDATE 4:52 p.m.: A first responder says this is a three-car accident and one of the vehicles is in the middle of the roadway, blocking traffic.

UPDATE 5:05 p.m.: Three flatbed tows are called to the scene.

UPDATE 5:23 p.m.: This was a rear-end chain-reaction accident involving four vehicles. According to witnesses at the scene, there was a line of cars southbound on Clinton Street, stopped at East Avenue, waiting their turn to go. The fourth vehicle, a white Nissan Murano, failed to stop and struck a Ken Barrett auto dealership van, which slammed into dark Chrysler 200, which in turn struck a dark-colored Ford Escape. The Ford Escape driver told the Chrysler driver that "it wasn't her fault" so she "wasn't sticking aound," and she left before first responders arrived. The Ken Barrett employee suffered minor injuries and was transported to UMMC by Mercy ambulance. The police officer at the scene would not speak to a reporter so we do not know whether the Nissan Murano driver was cited. The assignment to Clinton Street is back in service.

Press release:

KINGSTON – The Worker Justice Center of New York (WJCNY) has filed suit in New York’s Supreme Court against the private, for-profit company, Akima Global Services (AGS), for its exploitation of detained immigrants at the Buffalo Federal Detention Center in Batavia.

Plaintiffs Bounam Phimasone and Dalila Yeend allege that, while detained, they were hired by AGS to perform manual labor in the facility. Instead of wages, AGS paid Phimasone and Yeend $1 per day in commissary credit, regardless of hours worked.

The lawsuit alleges that AGS’s practice of crediting detainees one dollar per day for many hours of labor violates the New York State Constitution and various provisions of the Labor Law, including minimum wage.

It also alleges that AGS unjustly enriched itself through this exploitative practice. AGS contracts with the federal government to operate the Buffalo Federal Detention Center and is paid a daily rate for each bed filled per day.

By requiring detainee-employees to perform essential functions at well below the legal minimum wage, AGS avoids hiring non-detained employees to work for fair market wages, thereby depressing the local economy and increasing its own profits.

Many of those detained in Batavia are held indefinitely, despite never having committed a crime. Yeend and Phimasone were released from detention in 2018 and 2019, respectively, and now reside legally in New York State.

“This practice of paying people one dollar per day is bordering on slavery," Yeend said. "For the total hours that I worked, it was pennies per hour. It’s basically free work. When I think that I was working for a for-profit company, it’s disgusting.”

Both AGS and Immigration and Customs Enforcement have been repeatedly criticized for their treatment of immigrants at the Buffalo Federal Detention Center, including their failure to protect detainees from the spread of COVID-19.

According to Gloria Martinez, board co-chair of the Columbia County Sanctuary Movement, the plaintiffs’ allegations are consistent with the experiences of others detained in Batavia.

“One of our members risked his life as a detention center essential worker being paid a dollar a day to clean the infirmary and the living quarters of those who contracted COVID,” Martinez said.

Jennifer Connor, executive director of the Buffalo-based Justice for Migrant Families further attests to the exploitative nature of AGS’s employment practices.

“During the COVID pandemic, people who are detained are given a small hotel sized bar of soap for a week and so must buy their own hygiene supplies from the company-owned commissary," Connor said.

"Working for $1 a day for commissary when commissary is required to make phone calls to lawyers and family, buy stamps to mail letters and important documents, buy extra food because the portions provided in Batavia are notoriously meager, is not a choice. This is coercion."

Plaintiffs are represented in the case by WJCNY attorneys Robert McCreanor, Maureen Hussain, Laura Revercomb, and Dan Getman (of counsel), with support from Borealis Philanthopy.

WJCNY is a not-for-profit organization with a mission to pursue justice for those denied human rights with a focus on agricultural and other low wage workers, through legal representation, community empowerment and advocacy for institutional change.

Press release:

Representatives of Lighting Design Innovations and Cedar Street Sales and Rentals are pleased to announce the completion of the third phase of the feature lighting at the Old Genesee County Courthouse site in Batavia.

The firms sponsored the donation of lighting design activities and lighting system luminaires, components, and advanced control system to accentuate the building façade and its location in the cityscape by lighting the courthouse corners with RGBW color changing LED luminaires.

The advanced lighting control system allows the County to program coordinated colored light displays for the new courthouse corner lights and the cupola, which received its color-changing light as the first phase of the project. Initial system programming and controller training was sponsored by Vertex Lighting Solutions. 

The illuminated façade of the Old Genesee County Courthouse is the backdrop for the new white LED lighting that was provided for the Soldiers’, Sailors’, and Marines’ Monument as the second phase of this project. The monument lighting was unveiled Memorial Day 2019 in time for the monument’s centennial, celebrated in August of 2019.

Although the final phase implementation was temporarily delayed by the COVID-19 pandemic, County personnel worked with the consultants to complete the work in time to be shared with the community for Labor Day 2020.   

Photos and video by Howard Owens.

The flowers in the sunflower field along Wortendyke Road have mostly faded, though there are a few blooms that are still radiant, and yesterday was another beautiful late summer evening so the field remained a popular destination for area residents.

Above, Ayo Jr., Tobin Carson, Ayomi and Jasmine Pitan pose for a picture in the field.

Ella Houseknecht and MacKenzie Lavrey.

Rooms are spacious, there was a 1/2 bath added on first floor, new laminate flooring just done in kitchen, and brand-new back steps leading inside to a back mudroom. All appliances are staying.

The front porch is cute and the yard both front and back is super cute and loaded with flowers. Back yard is fully fenced and is selling with the hot tub! There is a detached garage but currently used as the place to hang out – both summer and winter because there is wood stove as well!

These owners do not pay flood insurance. A lot of space for the money, definitely worth checking out! Call Lynn Bezon today or click here for more infomation on this listing.

County Planning Director Felipe Oltramari is at the Farmers Market on Alva Place today handing out free Perry's ice cream sandwiches to help encourage people to complete their census forms. There will be free ice cream sandwiches available until the farmers market closes at 4 p.m.

A caller reports there's an injured beagle in the parking lot in front of the Target store on Veterans Memorial Drive in Batavia. An animal control officer is dispatched. The caller is waiting with the dog until the officer arrives.

UPDATE 1:02 p.m.: The injured critter is not a beagle, it's a SEAGULL, as in "Jonathan Livingston Seagull." The Peanuts kind of pooch is what the dispatcher thought he heard, but an officer on the scene corrected the information.

A caller to dispatch reports there's an injured goose in a side yard in the 3900 block of West Main Street Road, Town of Batavia.

A Department of Environmental Conservation officer in on scene and requests assistance from a Sheriff's deputy. A deputy is dispatched to the location.

In March, school districts were forced to quickly throw together a remote learning plan with the pandemic forced students to stay home, but after a summer to prepare, the Batavia City School District has developed a more comprehensive plan to educate children in the age of coronavirus.

Molly Corey, executive director of Curriculum and Instruction, outlined the virtual learning guidelines for the 2020/21 school year for members of the city schools' board of trustees on Monday night.

At the heart of the plan, Corey said, is SEL -- social and emotional learning.

"There is a variety of feelings around everything we're doing," Corey said. "We want to make people comfortable with what we do."

SEL is, according to the virtual learning guidebook, "the process through which children and adults understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions."

Corey said SEL includes self-awareness, self-management, being responsible for decision-making, social awareness, and developing relationship skills.

The other key elements to the learning plan include communication, instructional time, and feedback.

About 75 percent of the district's students will split time between virtual learning and in-class instruction, while the parents for 20 percent of the students have chosen virtual-only learning. The remaining 5 percent are students with special needs who will be on campus every day.

The guidebook includes a chart that highlights the differences between the hastily compiled plan for distance learning last spring and the more thoughtful plan for the new school year.

For example, "teacher check-ins" is now "Teacher-led instruction with SEL as the cornerstone of what we do," and the flexibility of daily and weekly requirements has been replaced by a scheduled and planned school day.

"Monitored attendance" becomes "attendance taken daily."

Students, and their parents, will now be expected to focus grade level/course standards using pacing guidelines.

While there were no formal assessments given last spring and grades were credit/no credit, this year will include scheduled assessments and grades and "growth-producing feedback."

All students will have a Chromebook. Middle school and high school students will use Google Classroom, while younger students will be introduced to a new program for online learning called "Seesaw."

To make all this work, communication will be key, Corey said. Teachers have to produce written communication plans for the school year to ensure students and parents have a clear idea of the process, expectations, standards and progress.

"I want parents to know that this is really a true partnership," Corey said. "To make this work, we need them with us."

What fall high school sports will look like is still being determined by state and regional officials, Batavia High School Athletic Director Michael Bromley told district trustees at a meeting Monday evening.

Football, volleyball, and cheerleading are considered high-risk sports for the spread of COVID-19, and play and practice may be limited if athletes in those sports are allowed to participate at all.

Tennis, soccer, cross-country, golf, swimming, and gymnastics are being considered low-risk sports, and those athletes are likely to be able to compete this fall.

No practices will be allowed until Sept. 21.

Schedules for all sports have yet to be written.

If football players are allowed to practice, social distancing will need to be maintained with teams segregated by positions and contact -- such as blocking and tackling -- will not be permitted. And even if the teams can practice, there may be no games.

There's been some talk of moving the football season to the spring but then it conflicts with spring sports such as baseball.

For indoor events, such as volleyball, attendance will be limited. No player will be allowed more than two supporters in the stands.  

Bromley said there won't be any concessions and no attendance fee.

As for winter sports, the start of the season is being moved from Nov. 16 to Nov. 30.

Varsity and JV will be able to start practice Sept. 21 but players in modified leagues will be limited to practicing on the days they attend school in person.

Batavia is planning a "hybrid" model for school attendance, with classroom instruction two days a week, with students alternating attendance days, and three days of virtual learning.

Bromley said the state is still trying to determine how athletes might be able to use on-campus weight rooms. 

It is still possible, Bromley said, there won't be any fall sports at all.