batavia

Cassandra Elmore

The Batavia woman whose dog reportedly ingested narcotics, leading to her arrest and to the dog being confined to the Genesee County Animal Shelter, once again failed to appear in Batavia City Court as directed.

A motion hearing was scheduled for Thursday afternoon and Cassandra Elmore didn't make it.

Elmore's attorney, Jamie B. Welch, assistant public defender, told Judge Thomas Burns that he hasn't heard from nor been able to contact his client for weeks and did not know why she wasn't in court for the hearing.

Burns issued a warrant for her arrest but stayed it for 48 hours, giving Welch a little more time to try and track her down.

Elmore hasn't consistently missed her court appearances, but she did skip an appearance in September and was subsequently arrested.

The 30-year-old Elmore has promised that once the case is cleared, we will get "the real case."

Welch was prepared to file motions on her behalf on Thursday but told Burns he would rather hold those motions until Elmore can be present in court. Burns said he also thought that is the best way to proceed.

Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residence, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Two members of Volunteers for Animals waited for nearly two hours Thursday to see if Elmore appeared.  After court, they said Oddey is doing well at the shelter.  Oddey, however, can't find a new forever home so long as Elmore retains ownership of the dog.

At her last court appearance, on Oct. 20, Elmore said she was willing to negotiate Oddey's future.  The volunteers said there have been negotiations but no resolution was reached.

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending

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The set list for tonight's (Dec. 15) Christmas Concert at City Church promises to be as diverse as it is joyful, with more than just gospel and hymns but also hip-hop, R&B, and smooth jazz celebrating the birth of Jesus Christ.

Pastor Ryan Macdonald also promises concertgoers will enjoy engaging and energetic performers and great musicians.

"We've done (the Christmas Concert) every year now, with the exception of COVID, for about five years," Macdonald said. "It's really been a wonderful night of really coming together and celebrating."

The artists, Macdonald said, are also personal friends.

"They are not just great artists but great people," Macdonald said.

Carlton Wilcox, Rufus McGee Jr, and Trellis Pore have all performed at previous Christmas concerts.  This is the Batavia debut for Kimera Lattimore (top photo).

Macdonald said he's tried to get her on the bill for years, but there was always a scheduling conflict.  He said he met her in Buffalo years ago, where she is the music director and worship leader of Renovation Church.  She is a national recording artist, singer, songwriter, musician, poet, rapper, vocal teacher, theologian and Elder of the gospel."

"She is really a great spirit, a great believer," Macdonald said. "She believes people matter. She believes humanity matters."

Her bio states that she believes, "We were all created, by the creator, to create."

The concert, Macdonald said, is intended to uplift the whole community, and all are invited.

"Our goal the whole Christmas season is the celebration of the birth of Christ, but beyond that, we're celebrating each other," Macdonald said. "The term that has really stuck with me is that we're not independent; we're interdependent. We need each other.  We don't only need each other as believers, but we need the whole community." 

The concert begins at 7 p.m. at City Church, 210 East Main St., Batavia. The concert is also live-streamed.

Submitted photos.

Submitted information:

Pastor Trellis Pore, multi-instrumentalist and Vocalist. A Western NY native. He started singing and playing instruments at the age of 5 with his family gospel group, The Cooper family Gospel singers. Singing traditional quartet Gospel music. Also was apart of the band Perifial Vision,  and The Glorious Sons of Rochester.  Currently, he leads The Trellis Cooper Band. Singing gospel music with a twist. Trellis has his own Signature series guitar with the company Mucho Guitars of Rockwall, Texas. Trellis is currently the Pastor of Shiloh Church Albion. 

Submitted information:

Rufus McGee Jr., son of Bishop & Lady Rufus and Linda McGee is Rochester’s best-kept secret, however, now the secret is out! His parents began molding him at age 2 years old to become a musician. Although he began as the church drummer at 6 years old, at 11, he progressed to becoming one of the most extraordinary organists/keyboardists that anyone has ever heard.

His ability is God-given, but can also be attributed to years of absorbing gospel music passed down through the classic COGIC style of music, and the music of the church that he attended growing up in his hometown, Rochester, New York. His drive and confidence developed from the challenge to rise above mediocrity. 

He is an exemplary musician, producer and the founder of RMJ Productions. He enjoys listening to George Duke, Chick Corea, Kevin Bond, Jason White, Mike Bereal and Eddie Brown. 

He has recorded with: Aaron Lindsey, Kathy Bowman, Ricky Dillard, Jason Wright, Serena Young, Shirley Murdock, Eddie Balltrip, Danell Daymon and Royalty, Malcolm Williams, Amar’rae Hill True Foundation and Jerome Francis and Divine Nature.

Rufus gives every ounce of his being to excelling and finishing well! Rufus has a great passion and love for gospel music and enjoys devoting his life to giving God his all. His greatest inspiration is God. He often says, “Without God, I would be nothing.”

Submitted information:

Carlton Wilcox has been creating a standard of excellence in music that embodies, style, quality, and substance. This singer, songwriter, and accomplished bassist has been entertaining Western NY for over two decades. Resounding melodies accompanied by rich voice make this crooner one of our area’s sought talents. With gospel, smooth jazz and R&B roots, Carlton wants to spread the message of hope through music. Carlton Wilcox is also a Monroe County Deputy Sheriff, event promoter and music instructor for the City of Rochester’s ROC Music Program. Carlton Wilcox wants to make a difference in the world, one day at a time, by giving back the love and support that he has been given.

Story based on submission by BND  

BND started slow, but gained stream as the game went on exploding for six goals in 30 minutes to completely erase a 2–0 deficit after the first period.

"This was the first time all season we were trailing at the end of the first period, and we were down by two," said Head Coach Marc Staley. "But the kids did a really nice job gathering themselves and starting fresh in the second period.”

United scored four goals in the first eight minutes of the second period to go from down by two, two up by two.

“Executing on the power play like we did there in a second period gave us a huge boost," Staley said. "We are going to be a difficult team to beat if teams are going to take penalties against us.”

The Storm were called for three penalties in the early portion of the 2nd period, and BND capitalized on all three.  

Senior Cooper Hamilton scored on the power play only 29 seconds into the period, followed by another power-play goal from sophomore Brady Johnson.  A mere five minutes later, Junior forward Joe DiRisio buried a rebound and made it three power-play goals on three chances.

“Specialty teams are huge in hockey nowadays," Staley said. "We converted three of our four chances on the power play, and we killed off all five of the penalties called against us. I thought the kids did a great job executing in the big moments.”

Junior goaltender Frankie Falleti made 21 stops on 24 shots against. Also scoring for BND was sophomore Ivan Milovidov, sophomore Jameson Motyka, and sophomore Brady Carney, who registered his first ever Varsity goal. 

Senior, Ronin Hofmaster linished with three assists on the evening.

Junior, Defensman, O’Rian Lama chipped in two assists as well.

United out shot the Storm during the game 37 to 25.

“Greece has an excellent program and they are a huge school district," Staley said.  "All four of their high schools combine to create one varsity team. I’m really proud of our kids for going into their home barn and coming away with a victory. This is the bounce back we needed after the loss to McQuaid, and hopefully this gives us some nice momentum heading into “The McCarthy” this weekend”

BND United will be hosting the annual David McCarthy Christmas Tournament on Friday and Saturday.  Iroquois/Alden (4-1) will face off against Niagara/Wheatfield (5-0) at 6 p.m. on Friday evening. Following this game BND (4-1) will take on WFL Geneva (0-3) at 8 p.m.  The consolation game will take place at noon on Saturday, with the championship game scheduled to face off at 3 p.m.

United won the Tournament last year fending off a tough Webster Schroeder squad 5-4.  

To view or purchase photos, click here.

Photos by Steve Ognibene

Even though all of business owner Rob Credi’s scrutinies have not been quelled, he feels that portions of city management have given him what he wanted: informative communication.

After sending emails to city leaders and talking publicly at this week’s City Council meeting, Credi has gotten answers and a prospective meeting to further discuss his issues.

He has served as a representative of his Pub Coffee Hub and for other entrepreneurs in Harvester Center, which houses 75 businesses.

During Monday’s council meeting, Credi wanted to express his frustration and know why “no parking” signs were re-installed on the east side of Harvester Avenue, where he operates his coffee shop.

City Police Chief Shawn Heubusch informed Credi Wednesday that the signs “were never intended to be removed” permanently, Credi said. They were taken down temporarily as part of the Harvester road construction project and were to be returned upon completion of work.

Credi said he wasn’t surprised that it took quite awhile to return the signs, or that there was “no communication with us whatsoever.” He was, however, disappointed to find out, after believing that his street was going to reap some extra parking spots for customers, that it was just a matter of delayed action to re-install the "no parking" signs.

He also learned that similar signs on the west side of Harvester do not fall within City Code and cannot, therefore, be enforced by city police. To clarify, approving the City Code falls within the authority of City Council and not the police department.

“(Heubusch) has no explanation as to when or how they got there,” Credi said. “We are working to schedule a meeting for mid-January to look into the best way to address parking on both sides.”

Credi said he is “very pleased with the communication” from the police chief. He has, though, tallied another tick mark in “the disappointment column from the construction debacle,” he said.

For prior coverage, go to: 

Harvester Avenue businessman presses city for answers

Harvester Avenue road construction a slow-moving hindrance

File Photo of Rob Credi when he opened Pub Coffee Hub in July 2020 at Harvester Center, Batavia, by Howard Owens.

There are toy drives and food drives, but for Jenn Noon and Cortney Dawson, their sights are on the third annual Bob’s Christmas Car Day drive that is to parade through the city this weekend.

An idea that was sparked by Dawson’s then-four-year-old son Maddox, the decorated cars are in loving memory of Bob Zeagler. Maddox was watching television and saw decorated cars driving around, and he asked his mom why they can’t also do that. Despite the fact that COVID had hit hard, rendering everyone indoors, there was no good reason why people couldn’t drive in their own separate vehicles. So Dawson and Noon started talking about it and floated the idea on social media, and before they knew it an event was born.

Zeagler was a well-known local character who enjoyed not only dressing up his Jeep Wrangler for various holiday occasions but also himself — sporting bows and ribbons, ornaments and novelty figurines of the particular season. His Jeep was a fixture of Batavia, and the roof toppings usually jutted out above other vehicles in amusing flamboyancy. He died in 2016.

The organizers wrote a poem last year to tell the story — in holiday fashion — of how and why this event originated. It may be best to tuck yourself into a stuffed armchair next to a fireplace to read:

Twas a week before Christmas — 2020 in the house

Everyone in lockdown — Even the mouse.

A little boy watching TV — decorated cars driving around

He suddenly turned and asked "why can't we do that?  — And drive around town.

So his mom went online — And asked if anyone down

To decorate their cars — And drive all around.

The operator of the little free pantry — Replied and so eager

Told the little boys mom — About a man named Bob Zeagler. 

So they began to plan it all out  — With permission from Bob's wife

One little boy helped bring — Bob's spirit back to life.

People, they came — To honor one man

Who always made others smile — The best that he can.

We remember is humor — His style and grace

So many miss him, — Miss seeing his face.

They miss seeing his outfits — The whole year through

A man who was so — Honest and true.

One tiny boy — And a few tiny words

Created something wonderful — For All other boys and girls.

To remember that man — That every one knew

So to the holiday man -- Merry Christmas to you.

“Bob used to be a great friend of mine,” Noon said, adding that she had previously thought that he deserved some type of citywide honor for the entertaining role he played. “Cortney’s son saw the cars on TV … and it has just taken off. Anyone who wants to participate is more than welcome to.”

In fact, the more cars, the merrier, she and Dawson said. Participants are to show up at 4 p.m. Saturday at First Presbyterian Church, 300 East Main St., Batavia. If you need decorations, they will be provided at that time. The parade is then to proceed at 4:30 p.m. along a route throughout pre-selected city streets.

“The event was started in 2020 during the Covid-19 pandemic as a way to bring Christmas cheer to those who were stuck at home on quarantine,” Noon said. “This year, the event will start with a Christmas car drive around town, with cars decorated in the style of Bob's always festive Jeep. The route will include stops at the VA and nursing homes, as well as other locations in town.” 

Beyond the fun of a parade, Noon, who works at the Little Free Pantry next to the church, took the event further with an after-party from 6 to 8 p.m. Kids can visit with Santa Claus and pick out a toy, and there will be refreshments available.

“This event will include refreshments, such as cocoa, cookies, cakes, and pies, as well as food and clothing giveaways. There will also be a visit from Santa where kids and families are encouraged to take photos,” she said. “After visiting Santa, kids (up to 18) will be able to visit his workshop and pick out a toy or two to take home. There will also be music, games, and tables set up by community organizations offering free giveaways.”

The event is free and open to anyone in the community and is supported by community members and local small businesses, the organizers said.

Donations may be placed in drop boxes at First Presbyterian Church or Independent Living of the Genesee Region at 319 West Main St., Batavia, up to the day of the event.

For more information and route details, visit the event page or email jennnoon@yahoo.com or cortdaw@gmail.com. 

File Photos of the 2020 car parade, by Stephen Ognibene. Photo of Bob Zeagler by Howard Owens.

Tyshon Taylor

A Batavia man indicted by a Genesee County Grand Jury on an attempted murder charge in what was an apparent, unprovoked attack against a stranger on Jackson Street in Batavia, entered a not guilty plea to the charge in Genesee County Court on Wednesday.

Tyshon L. Taylor, 25, dressed in an orange jail shirt and paints, sat motionless during the hearing with his head down, seeming almost disengaged from the proceedings, except to coherently respond to every question of Judge Melissa Lightcap Cianfrini.

Taylor is accused of stabbing a person walking on Jackson Street at about 9:30 p.m. on Oct. 18.  The Batavian has learned from a source who asked not to be identified that neither the victim nor Taylor had met prior to the encounter.

The victim survived the attack.

Taylor is also accused of attempted assault in the third degree for an incident reported at 11:39 p.m. Oct. 13 on Oak Street.

As is procedure following an arraignment on a Grand Jury indictment, Cianfrini set calendar dates for future appearances and motions. 

A preliminary conference is scheduled for 3 p.m. Jan. 25. Defense motions are due Jan. 30. Prosecution answers are due Feb. 6. Oral arguments on motions is scheduled for 10:30 a.m. Feb. 22.

Taylor is being held in the Genesee County Jail without bail.

Tarrence Williams

A Batavia man was ready for sentencing on a drug-dealing-related charge on Tuesday, but Judge Melissa Lightcap Cianfrini decided to delay sentencing after a private discussion of a legal issue with the defendant's attorney.

Attorney Fred Rarick indicated in court that it is in the best interest of his client, Tarrence Yuron Williams, 23, that he combines his sentencing with his possible acceptance of a plea offer in a gun-related charge.

Ironically, while Williams was ready to move forward with sentencing today, in October, Williams requested and received new legal counsel because he wanted to combine the two cases in the hopes of getting a better deal.

To recap:

• In December 2021, Williams was arrested an charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing in the third degree.
• At a later date, he accepted a plea offer that satisfied all of those charges. He entered a guilty plea to attempted criminal possession of a controlled substance in the third degree.
• On Sept. 30, Batavia PD received a report of shots fired somewhere on Ellicott Street.  An officer pursued a suspect on the Ellicott Trail to Evans and then to Court, where the suspect eluded capture but apparently ditched a firearm in the bushes.
• Williams was subsequently arrested and charged with criminal possession of a weapon in the second degree, a Class C felony, and criminal possession of a weapon in the fourth degree, a Class A misdemeanor.
• Williams last appeared in court on Nov. 2 for sentencing on the drug charge, but District Attorney Kevin Finnell was unexpectedly called away on other business and couldn't appear. The case was postponed because Rarick was trying to negotiate a plea offer for his client on the weapons charge.

After a late start to his case on Tuesday, there were some financial matters to resolve.

First, Finnell wanted to incorporate into Williams' original plea the forfeiture by Williams of $3,195 that Williams had on him at the time of his arrest in December 2021. That matter had not been properly recorded at the time of the original plea.  Williams agreed to include the forfeiture stipulation in the record of his original guilty plea.

Second, the Sheriff's Office had requested restitution of $100. Though not discussed in court, this is typically money used by an agent of the Local Drug Task Force to make a narcotics buy -- and Rarick informed the court it was his understanding that Williams had already paid restitution.  

Nobody in court had a record of the transaction, though a friend of Williams who was sitting in the gallery said he had a receipt at home for the payment.  

Cianfrini called for an adjournment while Rarick went to the Public Defender's Office to obtain a receipt and Finnell went to his office to check records in his office.

Both came back to court a short time later and informed Cianfrini that both had found proof that restitution had been paid and the money had been remitted to the Sheriff's Office.

At that point, Cianfrini called Rarick and Finnell to the bench.  After a lengthy private discussion, she informed Williams of her decision to continue his case so that he could have time to discuss the case further with his attorney.

She told Williams it was really in his best interest to delay sentencing.

Williams, who remains in custody, is scheduled to appear in court again at 9:30 a.m. on Dec. 20.

Press release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, northern Pennsylvania, and Vermont, is pleased to announce the promotion of Laura Gould to promotions manager.

Laura began her career at Tops in 2001 as a scan associate at store 245 in Batavia. She eventually worked her way up to assistant scan coordinator. In 2008 Laura joined the Corporate Office as a data integrity coordinator, and in 2015 was promoted to the promotions coordinator. Later in 2015, Laura was promoted to the position of promotions analyst. She holds a BS in Mathematics, as well as a BS in Computational Science from SUNY Brockport.

Laura lives in Batavia, NY, with her husband, Charlie and their children, Adam and Olivia. She is an avid baker and enjoys spending time with family and friends. 

Press release:

The City of Batavia Police Department is honored to announce the promotion of Officer Christopher "CJ" Lindsay to the rank of Sergeant.

Sergeant Lindsay began his career with the City of Batavia Police Department in September of 2014.

He attended the Basic Police Academy at the Monroe County Public Safety Training Center, graduating in 2015.

Sergeant Lindsay is a Field Training Officer, Bicycle Patrol Officer and a member of the Department's Emergency Response Team. He has been active in community events and has received recognition from the Department, City and community for his work on several cases. 

Sergeant Lindsay is a 2006 graduate of Cornerstone Christian Academy, where he received his high school diploma and then attended Genesee Community College, graduating in 2013 with his Associate's Degree in Criminal Justice.

Sergeant Lindsay will be assigned to the swing shift.

Batavia City Centre is in a “really good place” for the city to consider selling off vacant properties, City Manager Rachael Tabelski says.

She endorsed the move during this week’s City Council meeting as a first step toward relieving the city of unnecessary assets. Or maybe it’s a second step, after securing an appraiser to review the properties and provide estimated pricetags for each.

Tabelski asked council to first approve the expense of $5,400 for the appraisal services of Rynne Murphy before she can proceed with putting the properties on the selling block.

“There are several interested businesses that are looking at properties inside City Centre mall,” Tabelski said. “Currently the city would like to take steps to divest of the City Centre properties, however, more important we want to see them in productive use, such as the theater in which the city is continuing to rent space to.”

The city will not cease its responsibilities for the 46,000 square-foot mall concourse, and will continue to maintain that space, she said.

Tabelski was asked why the city can’t go with the assessed values available online, and why an appraiser was needed.

“We need the market value according to the Charter,” she said, backed up by City Attorney George Van Nest.

The city Charter mandates use of an appraised value versus what has been assessed, they said.

The Charter includes several statements about selling city-owned property, including this from Section 66:

“Where there is a strong showing of competitive developer interest for large or unique parcels, the land shall be sold employing a request for proposal process,” the passage states. “A price shall be obtained from a licensed independent appraiser prior to the negotiation stage.”

A total amount of $440,789 in VLT money was received by the city, and the $5,400 would come out of that, Tabelski said, and be put into a Community Development fund. Performing these appraisals and proceeding with potential sales and/or leases of vacant properties is part of a mall redevelopment strategy to “bring vibrancy to the mall,” she said.

Parcels 2, 35 and 39 have recently been rented by Batavia Players during the group's theater construction.

Council also approved Police Chief Shawn Heubusch’s request to spend $125,000 of reserve money to purchase police vehicles by the end of the year. He typically would put in for the purchase during budget talks in March, however, a dealer advised the department that supply chain issues are likely to bog down the process.

“We’ve been informed that if we don’t order them by the end of the year, we won’t get them next year,” he said.

Go here for previous coverage on these issues.

File Photo of City Manager Rachael Tabelski, by Howard Owens.

A new city police station project has virtually gone high-tech.

Members of the police department were able to view the new station during the design phase with virtual reality equipment and provide feedback before the actual construction gets going, Chief Shawn Heubusch said.  

“When we completed the VR tour, we were able to ‘walk the halls' and see some of the details that we would have needed to wait to see until walls were built,” Heubusch told The Batavian. “This allowed us to really pick out if a window or door was in the proper place or if the adjacency of rooms was correct for everyday use. This will save time and money during the construction process as it will require less change orders further down the road.”

Being the second most publicly traveled city facility — with City Hall being first — it’s important to get the building and details right, he said, and should save money from the typical myriad change orders of large construction projects.

Project Manager Ken Pearl presented the designs and a timeline during this week’s City Council meeting. A 20,000 square-foot building will take up a front portion of the parking lot at Bank Street and Alva Place.

A total of construction, engineering, equipment and material costs is estimated to be from $13 million to $15 million, City Manager Rachael Tabelski said.

At least 115 public parking spots are to remain after construction, in addition to free public parking on surrounding streets, “which would more than adequately serve the needs of existing businesses on Washington, Alva and State Streets,” she said.

This has been a long time coming, given prior consultant studies, Task Force Committee meetings and discussions about how to proceed with the current station housed in a 167-year-old building. Known as the Historic Brisbane Mansion, the Main Street site has been deemed unsuitable for police operations, and renovations were ruled out as being too costly.

“There have been no less than five studies conducted since 1991 to determine the future of the police station in Batavia, as well as a citizen task force commissioned to investigate possible site locations,” Tabelski said.  “The location of the new facility was identified by the task force in their top three site recommendations.” 

The new facility will improve “the quality, efficiency, security, and regulatory compliance features of the services and activities of the department,” she said.  It will also enhance the opportunities to meet community-oriented policing needs, and become a space to conduct community events, including educational forums, police-assisted addiction recovery initiatives, explorer post, citizen academy, and focus groups.

“The new station and headquarters will be designed with accreditation standards in mind, including LEED and will be ADA compliant,” she said. “In short, the new station and headquarters will be a welcoming place for all persons in our community.” 

LEED is a third-party green building certification program, and these buildings are, according to the U.S. Green Building Council’s website, proven to save money, improve efficiency, lower carbon emissions and create healthier places for people.

Heubusch highlighted the fact that the Brisbane Mansion was to serve as a residence, and has been renovated throughout the years to fit the needs of city government.

“However, the current facility does not meet regulatory requirements as well as ADA (Americans with Disabilities Act) requirements for a modern facility, not to mention the regulations surrounding a police station. The new police station will be better in every way; it will meet the department's needs for proper workspaces; interview rooms; evidence storage; vehicle storage; victim and witness interview spaces; training spaces; a community room; proper lobby and records facilities; proper locker and shower facilities and secure parking for our staff and visitors,” Heubusch said. “In short, it will be a welcoming and professional, purposely built facility to meet the needs of the Department and community for the next 50 years or more.”

Tabelski further expanded on the current station’s misgivings: it was built in 1855 and retrofitted for purposes other than a residence since the city took on ownership in 1918. Continuing to renovate the station as a modernized version to include the various operational and legal requirements “is cost prohibitive,” she said.

City Council approved the new station in 2021 and approved Ashley McGraw Architects PDC of Syracuse in January 2022. Pearl said that final figures won’t be nailed down until the project goes out for bid and council awards contracts for the work.

Construction documents are to be finalized by February, with the project to go out for bid in March. Contractor bids are expected in April, and construction is to begin sometime between May and July, Tabelski said.

And now for the big question: how will this be paid for?
The new station would be financed by the city with a 30-year public improvement serial bond, Tabelski said.

“The City will pursue various state and federal grant opportunities in an effort to offset the cost,” she said.

For anyone wanting to view the renderings in person, they are available at City Hall, she said.

Top Photo of  the new city police station to be built at the corner of Bank Street and Alva Place in downtown Batavia; a view from the side of the building, in front at night and toward the rear next to a parking lot. Renderings by Ashley McGraw Architects courtesy of the City of Batavia. 

Press release:

Would you love to grow nutritious, great-tasting vegetables but don’t have space for a garden?  The Batavia Community Garden can help!

The Batavia Community Garden is currently accepting applications for raised bed rentals.  Garden plots are offered in three sizes: 4’ x 4’ ($20), 4’ x 8’ ($30) and 2’ x 10’ ($25) trough plots for gardeners with limited range of motion.  All plots are available on a first-come, first-served basis.  Plot rentals are available to anyone living in Genesee County.  All fees are non-refundable.  The garden is located next to 12 MacArthur Drive.  The Batavia Community Garden is currently managed by Cornell Cooperative Extension of Genesee County.

New gardeners (with little or no gardening experience) shall be limited to one 4’ x 4’ plot rental.  Gardeners with gardening experience can rent up to two 4’ x 4’ plots or one 4’ x 8’ plot.  Elevated trough beds (for adaptive gardening needs) are limited to one bed per gardener if available.  Potential gardeners should review the Batavia Community Garden Rules and Information prior to applying.

Plot fees include access to a raised bed filled with a growing soil mix, access to a water source with a hose, watering wand, and watering cans; use of provided hand tools; use of compost bin and other resources at the garden.

Plot requests are filled according to the order in which applications are received.  A check or money order must be included with the application.  Payments of cash can be made at the CCE Genesee office during business hours at 420 E Main St, Batavia, NY 14020.

For more information please contact Mandy McCauley at CCE Genesee County, (585) 343-3040, ext. 101, stop by the CCE office at 420 East Main Street in Batavia or visit the website http://genesee.cce.cornell.edu/gardening/community-garden.

Photo: File Photo from 2016 by Howard Owens

It's Day 1B of the $15 million World Poker Championship in Las Vegas today -- it's the largest pot in poker tournament history -- and a Batavia native is still in it.

Ronald “Tigar” Penepent, who now resides just outside of Chattanooga, Tenn.,  won his $10,400 buy-in to the championship through a satellite tournament.

A satellite tournament is one where the top prize is a seat at a major, higher-buy-in tournament.

The WPT Championship runs through Dec. 18. 

Penepent is one of 1,531 entrants in the tournament, and the prize pool is now expected to exceed the original $15 million estimate. Registration for the tournament in Las Vegas closes at 10 p.m. EST, at which time the total prize pool will be set.

Penepent told PokerNews that his love of poker began with family and friends in Batavia. 

“It was always a dream of mine to win a big tournament, and I often shared this goal with my Dad," he said. "Sadly, my Dad passed away in 2020 from cancer. Winning an entry into this tournament is truly a bucket list item for me.”

He told PokerNews he would love to meet two poker legends, Doyle Brunson and Phil Hellmuth.

“During my time in Las Vegas, I will be joined by 10 family members," he said. "They will be there to support me and have fun as we always do. They will be traveling from New York, Virginia, South Carolina, Ohio, and Alabama.”

Photo courtesy of the Penepent family.

Rob Credi doesn’t really want to be that guy. You know, the relentlessly squeaky wheel who continuously complains about issues, in this case issues he believes have been created by city officials.

After sending emails to management and City Council previously during the Harvester Avenue road construction project, Credi tried again recently with another issue related to parking.

“My problem isn’t that we don’t have a lot of parking on Harvester, I know we don’t have a lot of parking,” he said Monday night. “It’s that they gave us more parking and then took it away.”

Only one councilman replied to Credi’s latest email, and suggested that he attend a council meeting.

On Monday evening, Credi addressed all city leaders explaining his and other business owners’ plight.

After more than two months of trying to operate a business while beholden to construction crews, torn up pavement and road closures that happened without any forewarning, Credi thought he saw a reprieve. After finally getting a new smooth road, he also noticed that the no parking signs had been taken down on the east side of Harvester Avenue, providing more parking spots for customers.

“I thought it was a nice little consolation prize,” he said during the conference session at City Hall. “The issue at hand is that we’re back to no parking. It’s the inconsistency of what’s being afforded my customers. Two times in the past three months the damage has already been done. My ask is what can we do to implement a structure beforehand so we can prepare for it and our customers can prepare for it?”

Credi, owner of The Pub Coffee Hub, sought answers when portions of Harvester were closed off to traffic, and his primary complaint was that he and other Harvester Center merchants weren’t informed of what was going to happen ahead of time so they could make alternative options to still serve their customers.

Now, with having extra parking and then seeing that yanked away, he again is frustrated that no one communicated it before putting no parking signs back up.

Not only does having two-sided parking serve customers better, but it helps to slow down traffic, he said.

Having owned a business in downtown Batavia, Credi compared his experience: there were no communication issues when in the heart of the city versus on the southeast side, he said.

He went to the police station to talk about the issue and was referred to City Council. Council President Eugene Jankowski on Monday pointed him back to the police.

"I think we need to refer you back to the police chief. Maybe we can revisit that," Jankowski said. 

Credi is to meet with Chief Shawn Heubusch, who said he needed to look into the road width and local law for allowing parking on both sides of a city street.

City Code lists all city roadways and their parking limitations if any. Harvester is cited as having “no parking from the west curb line of Harvester Avenue to a point 100 feet westerly therefrom,” and on the “east curb line to a point 50 feet easterly therefrom.”

For what it’s worth, there’s also a line about no parking allowed 25 feet east and west of both driveways in front of Carrols (from the 70s) restaurant, so it may warrant some updating.

Councilman John Canale, who owns a drum studio at Harvester Center, said he had concerns as well.

“I have experienced all the turmoil there, and one and a half weeks ago, before the no parking signs, it really opened things up, and doubled parking,” Canale said. “And then all of a sudden, the signs went back up. I would like to visit the idea of allowing parking on that side.

“I plead with you to do whatever you can to open up parking,” he said.

Councilman Bob Bialkowski, who had suggested that Credi attend the meeting, agreed. Batavia strays from many other small cities that don’t have locally owned businesses, he said, and it's important to preserve any locally owned small businesses that exist.

“I just think it’s vital that we do whatever we can,” he said.

Credi feels that he was heard and supported about the parking situation.

“I am now waiting on hearing back from the police chief for more detail on why things happened the way they did, ideally with some clarity on why it was open to parking for six weeks and then removed without notice,” he said. “Additionally, getting a definitive answer on enforcing the parking laws on our side of the street would be great.

“I do feel like my main point of improving communication between the city and business owners in the future before a major disruption occurs — for example, roadwork and the parking situation — was kind of pushed aside by council president Jankowski with no real answer as to what can be done to improve it,” Credi said.

File Photo of Rob Credi, owner of The Pub Coffee Hub on Harvester Avenue, Batavia, by Howard Owens.

Next Monday looks to be a busy one for Batavia City School District, with  three meetings and a public hearing about spending more than $200,000 for repairs have been scheduled for the Board of Education.

The Audit Committee is set to meet at 4:30 p.m. in the Superintendent’s Conference Room, followed by the Policy Committee at 5:15 p.m. in the Superintendent’s Office, and a regular board meeting at 6 p.m. will also meet in the conference room on Monday at Batavia High School, 260 State St., Batavia.

The hearing is related to the proposed spending of $244,000 from the Repair Reserve Fund to pay for the replacement and repair of the public address/clock system and entry and classroom door hardware at the high school. Awarding contracts for such work is also part of the resolution that will go to the board for vote.

For in-person attendance, people are asked to arrive at least five minutes early and sign in legibly. This is an opportunity for qualified voters of the district to participate in a discussion about the repairs.

For anyone wanting to view from home, the meeting is on YouTube.

A full agenda for the meeting is not yet available.

 

 

Of all the pictures associated with Van Gogh, a one-eared boxer-pitbull mix, perhaps the neatest one will be of him with his new family at Christmastime.

“We all have matching PJs, red and black plaid,” said his new mom, Batavia native Jessica Starowitz. “I’m a foster fail. As soon as I met him I thought, he’s staying here. His smile, and when he first came in he was prancing, looking for butt scratches, and playing. It was literally love at first sight.”

That happy ending had a very ugly beginning, one of Van Gogh being used as a bait dog by a dog fighting outfit in North Carolina. 

Meanwhile, Starowitz, daughter of local resident Anne Marie, was grappling with the loss of her rescue poodle Mulan since May 2021, and finally reached the point that she wanted to do something with animals. She volunteered to foster at Happily Furever After Rescue, a no-kill and foster-based shelter in Connecticut and brought home a cat named Blue.

Sometime later, she was asked if she’d foster a dog named Van Gogh. He had been adopted from a North Carolina shelter and somehow ended up homeless. While living on the streets of Raleigh, NC, he was known as the neighborhood stray and was also super friendly, she said. But then the pooch got picked up by someone who used him for dog fighting. He ended up being dumped and was discovered in a drain pipe with injuries, including a missing ear. He was brought back to the shelter he was originally in.

Enter Jaclyn Gartner, who operates Happily Furever After Rescue. She saw the sad one-eared dog online and decided that he needed to come to her shelter in Connecticut. Gartner’s heart has been drawn to those seemingly unadoptable dogs that get returned for one reason or another.

Van Gogh arrived in June by a private jet used for animal transports.

As it happens, Starowitz, who lives in Norwalk, Conn., had volunteered to foster animals from that shelter. After Blue the cat, she was asked to foster Van Gogh in October. By this time, he was becoming famous for his masterpieces. Gartner had decided to put his one-eared characteristic to good use and let him try out his artistic talents after his namesake. She put a canvas with paint blobs inside a plastic bag covered with splotches of peanut butter. As he licked the nutty treat, Van Gogh created canvas pieces of swirled shapes and colored mergings. It turned out to be a great distraction for a dog that had nervous issues, and in turn raised some money for the shelter and gave him Internet fame.

“You can't bring them certain places, right, like with other dogs, because it stresses him out and stresses out other people. So it's just a little harder to give them exposure. That's how the painting started, to do fundraising and get him some exposure,” Starowitz said. “And then from there, it's exploded. It's been overwhelming and so much fun. But also, it's just, it's wow.”

Van Gogh has done about 75 commissioned works, and the proceeds go to Happily Furever. He has been featured on The Today Show, CNN, CBS, and Inside Edition, to name a few. His celebrity status has helped to raise money for the shelter, but for Starowitz, her new four-legged companion has another purpose.

“I’m just here to love the dog, she said. “It’s just a gift that keeps on giving. It’s just a feeling you can’t describe. Sometimes you just have to have patience … the love you get back is exponential.”

She’s had to spend some money for a trainer, but feels it was money well spent “for his own good and my own good.” Before Van Gogh, there were rescue poodles and cats, and pets of some type for 22 years, she said. Her job as an information risk and cyber security consultant was keeping her plenty busy, and there came a point -- after the loss of Mulan -- when she said no more animals.

At least for a while. A friend sent her a post of Van Gogh at Happily Furever Rescue, which drew her back in as a foster. She admits to being a foster fail because she wanted to keep Van Gogh as soon as they met.

Her two boys, Jack, 16, and Charlie, 12, are also animal lovers, which makes for a happy pet family. Van Gogh’s injuries have finally healed, and he enjoys a good round of tug of war, and two-mile walks every morning.

Gartner comes to visit for painting sessions, and “he’s like, oh, peanut butter is coming out; he’s all excited,” Starowitz said.

“I’ve gone from a 12-pound poodle to a 70-pound boxer,” she said. “Sure they’re different, but they all have the same love.”

Further Reading: 

• Washington Post: Nobody wanted to adopt the dog with one ear — until he started painting​
• Today: Van Gogh, a one-eared rescue dog, paints his way into adoption​

Top Photo: Batavia native Jessica Starowitz snuggles with Van Gogh at their home in Connecticut; the pooch enjoys playing outdoors and indulging his new mom's penchant for dressing him in holiday attire. Photos by Joanne Beck. Photo of Van Gogh with his artwork as part of a Happily Furever After fundraiser posted online. 

A cardboard box fire was reported at Koolatron, 4330 Commerce Drive, Batavia, shortly after 7 p.m.

Town of Batavia Fire was dispatched.

Multiple employees reported boxes on fire and a dispatcher could hear the building's alarm sounding in the background.

The building was evacuated. The sprinklers were activated.

Elba Fire dispatched mutual aid.

City Fire asked to cover Town of Batavia calls, if any.

UPDATE 8:20 p.m.: Stafford and East Pembroke asked to have crews standby in quarters.

Eric Motquin

 

Eric R. Motquin, 40, of Batavia, is charged with criminal possession of a controlled substance with intent to sell, tampering with physical evidence, and obstruction of governmental administration. Motquin was arrested following a traffic stop on Dec. 3 at 3:55 p.m. on Ellicott Street, Batavia. Motquin is accused of struggling with officers and attempting to destroy narcotics. He was arraigned in City Court and ordered held on $1 bail. Motquin was also arrested on a warrant for alleged failure to appear on an unrelated matter.

Tyshon L. Taylor, 25, is charged with attempted assault 3rd. Taylor is accused of an attempted assault on Oct. 13 at 11:39 on Oak Street, Batavia. Taylor, who is being held without bail on an attempted murder charge, was ordered held on minimum bail on this charge.

Jarrod K. Fotiathis, 27, no permanent address, is charged with grand larceny 4th, petit larceny, and conspiracy. Fotiathis and another person, unidentified in by police, are accused of stealing property on Nov. 16 at 4:09 a.m. at a location on Oak Street, Batavia. Fotiathis was issued an appearance ticket.

Alicia M Lyons, 43, of Batavia, is charged with trespass. Lyons is accused of trespassing at a location on Jackson Street, Batavia on Dec. 6 at 4:22 p.m. She was released on an appearance ticket.

Harry R. Silliman, 58, no permanent address, is charged with trespass. Silliman was charged following a report of a disturbance on Maple Street, Batavia, on Dec. 6 at 11:42 p.m.  He was issued an appearance ticket.

Robyn D. Scott, 65, Batavia, is charged with disorderly conduct. Scott was charged following a complaint on Dec. 6 at 7:46 a.m. of 'unreasonable noise' in the form of alarms causing an ongoing annoyance at a location on Walnut Street, Batavia. Scott was issued an appearance ticket.

Jean N. Pettit, 58, Batavia, is charged with DWI and consumption of alcohol in a motor vehicle. Pettit reportedly drove her vehicle on Dec. 5 at 6:01 p.m. and stopped at a residence on Vine Street, Batavia, and asked for assistance. A Batavia patrol officer responded and conducted a field sobriety test. Pettit was processed at Batavia PD headquarters and released on appearance tickets.

Parker Reid Davis, 29, of East Main Street, Le Roy, is charged with criminal possession of a controlled substance 7th. Davis is accused of possession of a controlled substance during a probation home visit. He was processed at the Genesee County Jail and released on an appearance ticket.

Andrew Anthony Crimes, 50, of West Main Street Road, Batavia, is charged with two counts of criminal contempt 1st. On Dec. 8 at 10:49 p.m., Crimes reportedly entered Batavia Downs in violation of an order of protection. He is also accused of sending 111 text messages from Jan. 24 to Nov. 19 to a person in violation of an order of protection. He was arraigned in Town of Batavia Court and released.

Benito Anthony Gay, 34, of Batavia, is charged with petit larceny, falsifying business records 2nd, criminal use of an access device 2nd, and unlawful possession of personal identification 3rd. Gay is accused of using another inmate's personal ID number to make phone calls.

Willie Albert Sabb, Jr., 48, of State Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sabb was allegedly found in possession of cocaine during a traffic stop on Dec. 9 at 10:26 p.m. on Clinton Street Road, Stafford, by Deputy Zachary Hoy.

Michael David McCracken, 42, of Aberdeen Street, Rochester, is charged with felony DWI, aggravated unlicensed operation 1st, and failure to signal. McCracken was stopped on Dec. 10 at 1:26 a.m. on Telephone Road, Pavilion, by Sgt. Mathew Clor.

Jeanna M. Hattaway, 35, of Batavia, is charged with petit larceny. Hattaway is accused of stealing in the Town of Batavia on Dec. 6 at 4:19 p.m.. She was arrested by State Police and released on an appearance ticket.  No further information released.

Carl E. Webber, 42, of Rochester, is charged with grand larceny 3rd. Webber was arrested by State Police in connection with a theft reported on July 14 at 5:37 p.m. in the Town of Batavia. He was released on an appearance ticket.