batavia

Adam Kreutz

Adam M. Kreutz, 33, of Batavia, is charged with assault 3rd, burglary 1st, and coercion 1st. Kreutz is accused of burglarizing an apartment on Ellicott Street and assaulting the person inside that apartment on Sept. 5 at 11:40 p.m. Kreutz was arraigned in City Court and ordered held in the Genesee County Jail without bail.

Jarrod K. Fotiathis, 27, of Le Roy, and Julie R. Richardson, 31, of Le Roy are charged with criminal possession of stolen property 4th, unlawful possession of personal identification 3rd, attempted petit larceny, and resisting arrest. They are accused of working together to steal a person's wallet  to purchase items at a local business on Sept. 3 at 9:01 a.m. on Ellicott Street. Fotiathis and Richardson are accused of fleeing from police on foot leading to a chase through the city. Fotiathis later turned himself. Richardson was stopped by a citizen who reportedly witnessed the incident. Both Fotiathis and Richardson were issued appearance tickets.

Christian I. Andrzejek, 26, no permanent address, is charged with burglary 3rd, petit larceny, and criminal possession of a controlled substance 7th. Andrzejek is accused of entering a building on Sept. 6 at 8:57 a.m. on Washington Avenue, Batavia, and stealing items from inside. Andrzejek was arraigned in City Court following his arrest and released under supervision.

Feyza Gabrielle Osmancikli, 28, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Osmancikli is accused of possessing crack cocaine, discovered by Deputy Kenneth Quackenbush during a traffic stop on Sept. 6 at 3:35 p.m. on Liberty Street in Batavia. Osmancikli was processed at the Genesee County Jail and released on an appearance ticket.

Joshua Michael Ruffin, 27, of Main Street, Alexander, and Haley Maye Larnder, 23, of Tracy Avenue, Batavia, are charged with criminal possession of a controlled substance 7th.  Ruffin and Larnder are accused of possessing crack cocaine at a location on Veterans Memorial Drive, Batavia on Aug. 23 at 3:36 p.m. Both were arrested by Deputy Jacob Kipler, processed at the Genesee County Jail, and released on appearance tickets.

David W. Fielding, 33, of Bigelow Drive, Stafford, is charged with falsifying business records and grand larceny 4th. Fielding is accused of stealing tools from his employer on Godfreys Pond Road, Stafford, and pawing them for money between July 19 and Aug. 25. Fielding was arrested on Sept. 9 by Deputy Jacob Kipler, transported to the Genesee County Jail for processing, and released on appearance tickets.

Deontay Jahmani Sprattley, 21, of Green Avenue, Brooklyn, is charged with petit larceny. Sprattley is accused of skip-scanning multiple items at Walmart on Sept. 10 at 2:38 p.m. and stealing the items. He was arrested by Deputy Alexander Hadsall, processed at the Genesee County Jail, and released.

Jalen Corey Fields, 18, no street address provided, Brooklyn, is charged with petit larceny. Fields is accused of shoplifting at Walmart on Sept. 10 at 3:15 p.m. He was arrested by Deputy Ryan Mullen and issued an appearance ticket.

Matthew R. Taylor, 39, of Batavia, is charged with trespass. Taylor is accused of entering a business on Oak Street he had been banned from on Sept. 4 at 10:01 p.m. Taylor was issued an appearance ticket. He also allegedly trespassed on the same day at 4:49 p.m.

Jeffery T. Dutton, 31, of Batavia, is charged with obstruction of governmental administration and littering. Dutton is accused of throwing garbage on city-owned property on West Main Street on Sept. 5 at 3:44 p.m. He was released on an appearance ticket.

James D. Hooten, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. Hooten was located by Batavia patrol officers and taken into custody on warrants held by the Sheriff's Office and State Police and allegedly found in possession of crack cocaine at the time of his arrest on Sept. 3 at 3:56 p.m. on Summit Street, Batavia. He was issued an appearance ticket and turned over to the Sheriff's Office.

Jolene Y. Stevens, 33, no permanent address, was arrested on a bench warrant stemming from an incident reported on March 4 at 1:48 p.m. on East Main Street, Batavia. Stevens is charged with resisting arrest, obstructing governmental administration, and harassment. At the instruction of Judge Durin Rogers, Stevens was issued an appearance ticket and released.

David M. Camelio, 40, of Batavia, is charged with harassment 2nd. Camelio allegedly struck another person in the face during a confrontation reported on Aug. 28 at 4:18 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Colin A. McCulley, 18, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and consuming alcohol under age 21. McCulley was stopped by a Batavia patrol officer on Sept. 5 at 1:07 a.m. on East Main Street, Batavia.  He was issued an appearance ticket.

Another piece of property downtown — this time an automobile — has apparently suffered some damage while its owner was at a meeting Monday at City Hall.

The owner of the defiled vehicle — who has not officially been identified by city police — apparently filed a claim that someone had poured nail polish on her vehicle while she was at a City Council meeting and public hearing Monday evening. The hearing about a farm animal law drew some 30 people to the second floor council chambers.

Detective Eric Hill confirmed that there is “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle.

“I’m not sure on the level and location of polish and we don't have an estimate (of the value of the damage) at this time,” Hill said in an email to The Batavian.

Just last month, in early August, a vandal drew at least a dozen chalk figures on the brick pillars outside of Batavia City Centre as a City Council meeting was going on inside. The artwork was said to be anti-ReAwaken America Tour graffiti.

Police were investigating the incident and said the person responsible would face a charge of criminal tampering, a class B misdemeanor. There are no updates about that case at this time, Hill said.

Press Release

In an effort to ensure the safety of students and staff during arrival and dismissal periods at Jackson Primary, the Batavia City School District, Batavia Police Department, and the City Church would like to remind the Batavia Community of the recommended pickup route for the City Church Community Food Distribution program at St. Anthony’s. 

The City Church currently hosts a bi-monthly food distribution program for community residents at St. Anthony’s Church. Those community members who wish to participate in the program must access Liberty Street via South Swan Street, Osterhout Avenue, or Otis Street. 

All food distribution traffic will be redirected to avoid Liberty Street between South Jackson and Sumner Streets and South Jackson between South Swan and Liberty Streets (the areas directly in front of and adjacent to Jackson Primary). Please see the attached map for the recommended route. 

The City Church Community Food Distribution program is scheduled every two weeks at 8 am on the following dates: September 14, September 28, October 12, October 26, November 9, November 23, and December 14, 2022.

When David Ciurzynski was a kid, he and his brother would shop for school items and take the elevator at C.L. Carr’s department store, watching as the operator pulled the little stick to close the zig-zag accordion-like gate before they ascended to a higher floor. And then down again.

There were floors for the billing department, a bridal shop and other specific types of merchandise, and the basement had housewares while first floor catered to men’s and women’s clothing, children’s items, jewelry, makeup and greeting cards. There were clear tubes that shuttled payments from downstairs up to billing.

 "And I just think about those memories that we had way back when ... and now the new memories that we make at the JJ Newberry's building that's now Eli Fish," Ciurzynski said during a presentation of downtown projects, including the former Carr’s building, Tuesday at City Hall. "That's what this project is all about. Right? Taking our history, taking our memories, and turning it into something that people can make new memories with, including ourselves. "

The project consultant is not alone with his recollections of Carr’s days of grandeur. Anyone who grew up in Batavia is familiar with the high-end department store, with free gift-wrapping service, seasonal visits from Santa Claus, sidewalk sales and an ice cream cart, and the personalized services of salesmen and women, especially those experienced ladies behind the jewelry counter.

Getting a gift from Carr’s was kind of special — it meant quality and style. And so very neatly and precisely wrapped with a coordinated bow. There are still offerings like that downtown, such as Valle Jewelers and Charles Men’s Shop, as those places have continued to bob and weave to miss the knock-out punches of big box stores and economic shifts.

Carr’s was the only store, however, to consume so much footprint -- more than 11,000 square feet -- along Main and Jackson streets. It was exciting to step aboard the elevator and be whisked up to look at fancy women’s dresses and accessories.

Ciurzynski’s description of the site’s future — renovating the upper two floors for apartments, installing arched windows in the front overlooking Main Street, preparing the lower levels for other commercial space by removing asbestos and making them more enticing for prospective businesses — also included a vision. The project has been titled Carr's Reborn.

“We can restore the former landmark to its former glory,” he said.

People will be able to go to a restaurant or brewery, catch a play, movie or live music, or visit the future Healthy Living campus with its new exercise and classroom space, kitchen and complete wellness center, he said.

The project would take $1 million in Downtown Revitalization Initiative grant funding and $4 million from property owner Ken Mistler. Possible uses for the main floor have not been determined, and it’s about “what does downtown Batavia need?” Ciurzynski said.

“I could see a small department store for women’s clothing to complement the men’s clothing shop we have,” he said. “The harder part right now is getting people to commit with labor; there’s been a shortage.”

Steve Hyde of the county’s Economic Development Center said that studies have found that Batavia needs more housing — some 4,500 units over the next several years.

“People are commuting here, working and collecting paychecks, but they don’t live here,” he said.

Adding 14 to 16 market rate — higher scale — apartments would “tie a bow around us,” he said.

City Council President Eugene Jankowski said that older people have mentioned that they might like to live in a downtown apartment, but “the only drawback is a long staircase.” Those possibly semi-retired folks wish there was an elevator as well, he said.

So yes, that relic of Carr’s will be resurrected and working once again, albeit, probably not with a personal attendant.

The DRI Committee members approved a motion to move forward with the project. They were:   Eugene Jankowski,  Steve Hyde, Dr. James Sunser,  Craig Yunker, Tammy Hathaway,  Erik Fix, Tom Turnbull, Susie Ott, Paul Battaglia, Marty Macdonald and Nathan Varland.

The remaining committee members who were absent include Pier Cipollone, Patrick Burk, Marianne Clattenburg, John McKenna, Julia Garver, John Riter, Peter Casey, Matt Gray, Mary Valle, John Bookmiller and Dan Ireland.

Ciurzynski, of Ciurzynski Consulting, LLC, gave Mistler a nod and thumb’s up. Mistler said he appreciated the support, but wanted to hold off with any further comment until the project gets moving. Now that the committee approved the grant funding, minutes from the meeting will be sent to Empire State Development for state approval.

Top photo: City Council President Eugene Jankowski talks about a proposed project Tuesday morning to renovate the former Carr's building in downtown Batavia. David Ciurzynski reviews the project, dubbed 'Carr's Reborn,' with the Downtown Revitalization Initiative Committee at City Hall; Committee members Nathan Varland, Tammy Hathaway, Eugene Jankowski, Susie Ott, Dr. James Sunser, Steve Hyde and Erik Fix. Photos courtesy of Jim Krencik. Rendering of Carr's Reborn from Batavia Development Corporation. 

Arthur Brown

A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

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A group of about 30 people attended Monday's City Council meeting, and half of them spoke about the proposed farm animals law to ban most farm animals from city limits and the feeding and care of feral cats. Volunteers For Animals member Robin Lewis, second row, in blue, waits to take her turn at the podium and dispute that a feeding ban does any good for feral cats

Forbidding people to care for homeless cats will not take care of the feral cat problem, Robin Lewis says.

She was one of about 15 people to share their thoughts during a public hearing Monday at City Hall.

“It is a cruel, inhumane, and ineffective way to solve a complex problem,” Lewis said to City Council.

In an audience of 30 or so spectators, half of them were there to voice support or opposition for a proposed farm animal law expected to go up for a vote later in the evening. The law would ban “owning, bringing into, possessing, keeping, harboring, or feeding” most farm animals and feral cats in the city, and limit chickens to six as long as they’re penned properly and don’t create an accumulated mess and odor.

Lewis and other speakers nailed one issue right on its head: it’s a complex issue when dealing with cats. She was with a group of fellow Volunteers For Animals members who stressed that the ban was not only unfair to homeless cats but that it doesn’t work for eliminating them. Spoiler alert: volunteers were happy in the end.

One point of contention was that feral cats and “community cats” are hard to tell apart; one group is often being well cared for by good samaritans while the ferals are cats born outside that are often unsocialized and therefore less friendly and seemingly wild.

Judy Sikora, who has lived in the city for 40 years, is one of those good samaritans who has been caring for stray cats. She has worked with Kathy Schwenk of Spay Our Strays to ensure the cats are spayed or neutered so as not to reproduce, and that they are healthy. There are some ferals that “occasionally do remain very wild,” she said, however, many others are redeemable to go up for adoption.

She has appreciated the work of Spay Our Strays and asked that council remove the cat ban from the proposed resolution.

“The work they do is incredible,” she said.

Kathy Schwenk, coordinator of Spay Our Strays, appeals to council that "these community cats should not be punished for one person."

Schwenk has been with Volunteers For Animals for the last 18 years and is coordinator for Spay Our Strays, which is a low-cost spay and neuter program for feral and outdoor cats. The group humanely sterilizes and vaccinates cats throughout Genesee County, including in the city of Batavia, she said.

“The caregivers did not ask for these cats. They're compassionate, caring, humans who cannot bear to see animals suffering. Some of them are in the audience right now,” Schwenk said. “These community cats should not be punished for the deeds of one citizen who irresponsibly harbors farm animals on their city property and infringes on their neighbor's rights.

“By including feral cats in the same category as farm animals, this is going to ensure undue suffering and spread of disease among our own community cats. So because of this proposed amendment, I've had several people, several upstanding city residents, contact me fearing that they will not be able to legally care for their outdoor cats anymore,” she said. “Some of these cats are strays, some are semi-socialized. Others have just been thoughtlessly left behind with a piece of trash and these compassionate people are caring for them.”

Her group worked with City Council seven years ago, after a presentation from SUNY Buffalo Law School recommended the trap/spay/neuter/vaccinate and release method for best controlling the stray cat population. Working with former Assistant City Manager Gretchen Difante and a task force, Spay Our Strays experienced “big success” by trapping 42 cats in one neighborhood, treating them per the program and releasing them.  That was in 2016.

While the issue of feral cats has come up since then, it isn’t what triggered the farm animal ordinance. Complaints from neighbors about one resident, in particular, got the ball rolling. The resident owns four goats, plus chickens, a dog and a cat. Her Burke Drive neighbors have come to council previously and complained to their ward councilman John Canale. They were fed up with loose goats charging them, eating their foliage, and the animals creating a mess and foul odor.

Who'd want farm animals in the city? resident John Ladd asks during his time at the podium Monday evening.

City resident John Ladd wanted to clarify for council what his stance was. That was after he rattled off several dates of when he’d documented seeing loose goats or chickens “roaming freely out of their enclosures.” One day he found a goat standing on his front porch eating bushes. It might seem humorous, he said, but it makes him angry.

“We don’t want a limit on farm animals, we want no such animals allowed in the city limits,” he said.

Another speaker against the ban asked council to consider the aspect of people with disabilities having a right to a support animal. What if someone wants to have an emotional support cow or giraffe, Ladd said.

“Is that possible? Is it legal?” he said.

Some folks cited state and federal laws and statements from the American Society for the Prevention of Cruelty to Animals to support their positions on the proposed law. The resident at issue, who has said that her animals were therapeutic service animals for her daughter, was not present. Her father, Randy Turner, was present and vocal.

He estimated that although 75 percent of the city residents owned a dog or cat, “that has nothing to do with this,” he said.

“There’s no reason to have farm animals in the city,” he said.

I'm not against any animals, resident Shannon Maute says to council. These goats, these chickens, these ducks are not service animals. 

Fellow residents John Roach and Shannon Maute also supported the ban on farm animals. Roach didn’t move to the city to be near them, he said. Maute, who lives on Burke Drive, isn’t against animals, and in fact, “I love animals,” she said. But the goats, the chickens, the ducks are not service animals, and one’s pets should be properly contained, she said.

“So far I’ve had to chase one goat, three chickens and a dog out of my yard,” she said.

After everyone had a chance to speak, Council President Eugene Jankowski asked for comments before a vote. Councilman John Canale first responded to the cat comments.

“I certainly did not expect to see this turnout,” he said. “I certainly recognize that we gave our blessing to that organization (SOS). I don’t know if it’s working or not, we haven’t heard from them in years.”

Councilman Bob Bialkowski removes his support for the proposed farm animals law, and Councilman John Canale shares that when he was a kid, a neighbor tried to raise a pig next door on Bank Street.

Canale would like to continue the trap-release program, he said, but to also have more communication between SOS and the city. He suggested that people who wish to be caregivers for homeless cats should contact the nonprofit and make sure those cats are properly spayed or neutered and vaccinated.

Councilman Bob Bialkowski questioned the legitimacy of the ordinance: “All of this because of one home,” he said.

He also wondered how, if farm animals are banned, it will go if a child wants a rabbit but can’t, while her neighbor has six chickens. He suggested that when people have issues on their streets, to “talk to your neighbor … it’s called addressing the problem.”

“I’m not supporting any of this,” he said.

Jankowski explained that the city police and code enforcement departments are aware of the one issue, but with no law, not much could be done to solve it. He also pointed to the fact that Turner owns the house where his daughter Judy lives with all of those animals, and he’s against farm animals in the city. That should tell you something, Jankowski said.

“There are other issues going on that we can’t talk about,” he said.

He then proposed removing the feral cats from the entire law or stipulating that the spay/neutering program must be part of it.

“It will delay us, but I’d rather get it right,” he said. “I think we lumped it in, it was an afterthought. We made a mistake.”

Council needs more time to thoroughly review the issue of feral cats, Councilwoman Patti Pacino said.

“I definitely think we need more time to think about it,” she said.

Fellow council members Al McGinnis, Kathy Briggs, Paul Viele and Tammy Schmidt agreed.

Council unanimously voted to move forward with the farm animals ban and remove cats from the entire equation. The pared-down law will move to the Sept. 26 business meeting for a vote.

Lewis paused for a second before reacting to that news. 

"I'm ecstatic," she said. "We work to educate people and to educate them about feral and community cats. Feeding bans do not work."

Wendy Castleman of Volunteers For Animals cites that state law acknowledges the effectiveness of trap/spay/neuter/vaccinate/release programs as a way to stop cats from reproducing and the spread of disease. A feeding ban would be inhumane management of cats, she says, and it's a complex issue. 

Oliver's Candies is celebrating 90 years in business! We will have food vendors (The Red Osier, Los Compadre's, Pub Hub Coffee), face paintings, kid's games, bounce house, wine tasting with Autumn Moon Winery, State Troopers, Genesee County Sheriff with K9 Unit, the Batavia Animal Shelter, table raffles and 50/50! Proceeds from our table and 50/50 raffles will be donated to the Batavia Animal Shelter! Click here for more information on the day's events.

*The first 150 in-store purchases will receive a FREE Oliver's Swag Bag*.

Top Donors:

• Sweet Lee's Bakery
• Sweet Life Country Store
• Bounce House Of Batavia
• Red Osier
• Eli Fish
• Batavia Downs
• Liberty Pumps
• Center Street Smoke House
• Autumn Moon Winery
• Wright Beverage

 

Eli Fish hosted its fourth annual Oktoberfest Saturday at Jackson Square in Batavia. As promised by organizer Adam Burnett, the event was overflowing with attendees, as the ever-popular German band The Frankfurters played traditional songs, accompanied by the band's dance troupe. Attendees joined in with the dancing, and quenched their appetites with German-themed brews and food from Eli Fish Brewing Company.

Joanne Beck contributed to this article. Photos by Howard Owens.

More than two dozen volunteers placed 2,977 in remembrance of the 9/11 terrorist attack victims outside the VA Hospital in Batavia.

Organizations represented by the volunteers included VA employees, the VA police force, National Fuel, and the American Legion.

Photos by Howard Owens

The Byron-Bergen Bees beat the Batavia Blue Devils at Van Detta Stadium in boys soccer on Saturday, 4-2.

Goals for Byron-Bergen: 

• Gianni Ferrara to Jack Farner
• Colin Martin
• Jack Farner to Colin Martin
• Colin Martin to Jack Farner

Goals for Batavia: 

• Owen Halpin assisted by Quintin Cummings
• Matt Wittmeyer

Photos by Kristin Smith. For more, click here.

Press Release

To all motorists, businesses, and property owners along Park Road in the Town of Batavia:
The portion of Park Road from Richmond Avenue South to the intersection of Lewiston Road/ NY63 will
be reopened to southbound traffic only.

Motorists approaching Park Road from Lewiston Road/ NY 63 are asked to continue to follow the detour along Veterans Memorial Drive to Park Road. This will occur on or about 5 p.m. Friday. This pattern will remain for the next few weeks while work continues to finish the project.

Click here for more information on 36 North Lyon Street, Batavia.
Click here for more information on 16 Walnut Street, Batavia.

As some go up, others must come down.

That’s the nutshell version of construction in downtown Batavia. Work is being done to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee agreed Wednesday to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The hearing was set for 5:30 p.m. Sept. 28 at the Old Courthouse, 7 Main St., Batavia.

The project has already passed historic preservation and environmental reviews, and has a developer, said Ed Flynn, director of planning at LaBella Associates. Having those items taken care of “I think will make it a competitive project,” Flynn said.

An important goal of Restore NY is to revitalize urban centers, rural areas, and disadvantaged communities. It is anticipated that upon completion, the projects funded by Restore NY municipal grants will attract individuals, families, and industrial and commercial enterprises to the municipality, according to the resolution.

“It is further anticipated that the improved community and business climate will result in an increased tax base, thereby improving municipal finances and the wherewithal to further grow the municipality’s tax and resource base, lessening its dependence on state aid,” it states.

Populations of less than 40,000 can apply for up to $2 million in grant funding. Since the City of Batavia meets that stipulation, Flynn suggested going for the entire amount.

Genesee County will be assisting with the administrative portion of the grant and applying on behalf of the city. The $2 million would go towards a $33.5 million Healthy Living project between Bank and Wiard streets downtown.

The future site is to be a 78,000-square-foot integrated medical and wellness facility. It's to include state-of-the-art exercise equipment, a new pool, an indoor track, a teaching kitchen, a children’s adventure room play area, plus 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services.

Rochester Regional Health, United Memorial Medical Center and YMCA officials have said the site will serve as a one-stop-shop for many health concerns and fitness goals, and there will also be a drop-in childcare center. 

For prior coverage, go to Healthy Living.

Illustration: File Photo of future Healthy Living campus rendering.

In the mood for some German fruited lager? It’s like a pilsner that’s “bombarded” with notes of prickly pear and blood orange.

“It’s crisp, dry and refreshing, but floral and fruity,” chief brewer Adam Burnett says. “It reminds me of the Southwest.”

That craft brew will be one of three available at this year’s Oktoberfest hosted by Eli Fish Brewing Company. Burnett has been at the brewing helm for the last four years, and involved with the traditional October celebration for the last three. After living in California for 15 years, Burnett didn’t get to experience many of the German-themed events, and this one’s been growing on him.

“It’s becoming (a favorite) … definitely one of the best days of the year,” he said during an interview with The Batavian.”

The fourth annual Oktoberfest has been scheduled earlier this year — at least one week before most fests begin — as a way for people to participate before other events get going. It’s set for 5 to 10 p.m. Saturday at Jackson Square in downtown Batavia.

“We’re excited to see if being one of the first ones brings the energy up even higher,” Burnett said. “Last year we had it at the end of the month, and some people said they had been to four others already.”

Founded in Munich, Oktoberfest this year runs from Sept. 17 through Oct. 3. According to Britannica.com, the festival originated on Oct. 12, 1810, in celebration of the marriage of the crown prince of Bavaria, who later became King Louis I, to Princess Therese von Sachsen-Hildburghausen. But does anyone really care much about the origins of an event that’s filled with German food, beer, music and dancing?

And there will be all of those things, Burnett said. The Frankfurters, a band so popular it has to be booked two years out, will take the stage while its complementary dance troupe whoops it up. Promoted as “the best of the wurst,” the Buffalo performers are dressed to the nines — neuner in German — in lederhosen (leather shorts with suspenders) for the men and dirndls (short swingy dresses with ruffles or a half-apron and peasant-style blouses) for the women.

“It’s just wild, they’re so entertaining. It’s a hoot,” he said. “They’re very fun to watch, very engaging.”

The band is already booked for Eli’s 2023 festival due to its popularity, he said.

Burnett looks forward to pulling on his lederhosen and fully embracing the part, he said. In fact, one can expect Eli Fish staff to be dressed accordingly, he said, and attendees are encouraged to do likewise. Since there is so much activity in the Square — lively polkas, a beer tent and all — it is suggested not to bring a lawn chair to the event, he said. But do wear your dancing shoes.

Another beer at the event will be a standard amber lager and a festival German blond beer, “a step-sister to the amber,” Burnett said. Aged in an oak versus steel container, it has “a nice oaky” flavor, he said.

A 2003 Batavia High grad, Burnett is happy to be back home. He had been a professional brewer in Chicago for three years when Eli co-owner Jon Mager gave him a call. Burnett moved back and sees this gig as a long-term venture. He promises three stellar brews at the Square, with another 23 on tap inside Eli Fish at 109 Main St. It’s not much of a walk, just up the back steps from the Square.

Of course, there will also be bratwurst, huge pretzels and other German fare for the choosing, and some benches outside to grab a seat and a bite.

The mayor of Munich taps the first keg to open the festival every year in Germany, and the total beer consumption is nearly 75,800 hectoliters or about 2 million gallons. This weekend’s event may not reach that volume, but plenty of fun is to be had, organizers said.

Admission is $8 presale and $10 at the door, and each ticket includes one free beverage. There are a limited number of tickets, and Burnett advises buying them sooner than later. They may be purchased at Eli Fish or online.

Photo: Via The Frankfurters website.

Press release:

The Batavia Society of Artists is hosting artist Karen Crittenden on Tuesday, Sept. 13 at 7 p.m. at Go-Art/Seymour Place, 201 E. Main St., Batavia.  Karen will be doing a hands-on demonstration of Mono Printing on Gelli Plates.  Non-Members are welcome for a $5 fee.  Tavern 2.o.1.will be open for cash purchases during this demo.

Karen is a lifelong artist.  Starting with office supplies, cereal boxes and construction paper when she was very young.  Karen received her first camera at the age of 10 as a gift and has not put one down since then.  She has explored many mediums and styles of art.  In recent times, mixed media has been a well-received favorite as well as her photographs.  

Karen owns and operates Karen’s Yarn Paper Scissors, 550 E. Main St., Batavia, where she offers classes in mixed media, junk journals/folios as well as other art and craft lessons.  She has been doing this for the last 10 years.

Her philosophy regarding art and craft is this: “I sincerely believe that anyone can be an artist.  It takes time and practice and finding a medium you really love and feel comfortable doing.  Anyone can practice art and craft and can learn.  It is up to the teacher to find appropriate ways for people to learn.”

A woman accused of injuring an animal after her dog overdosed three times on narcotics earlier this summer once again failed to appear in City Court on Thursday.

Cassandra Elmore was ordered to appear at 1:30 p.m. and was not seen in court by the time Judge Thomas Burns called her case at 3:20 p.m.

He said a court clerk had received a call earlier in the day from a man who claimed to be an attorney from Pennsylvania and that he was calling on Elmore's behalf, claiming that Elmore had tried contacting her assigned attorney multiple times and her calls were not returned.

Burns said the man provided only a partial address, no phone number, and said his secretary would be in touch with the court.  The man also did not file a motion to change attorneys, Burns noted.

At no time, Burns said, did the clerk say Elmore was excused from her scheduled appearance today.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took her dog, Oddey, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

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See Also: OPINION: Due process often neglects animal victims

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Elmore did make her initial court appearance on the case on July 26, when she asked for time to hire an attorney.

On Aug. 11, Elmore failed to show for an ordered court appearance. On that date, a woman who identified herself as a friend of Elmore called and said Elmore was hospitalized.  The caller was informed that the court needed proof of the hospitalization but no proof was sent to the court before her scheduled appearance.

Burns issued a warrant for Elmore's arrest but when The Batavian checked with Batavia PD on the status of the warrant more than a week later, a spokesman for the department said the department never received a warrant for Elmore.

Elmore was arrested on Aug. 30 following a traffic stop in Batavia and charged with criminal possession of a weapon and obstruction of governmental administration.

During today's hearing, Jamie Welch, with the Public Defender's Office, said he was unaware of any messages left for him by Elmore. 

Assistant District Attorney Jenna Bauer told Burns that her office was not contacted by any other attorney claiming to represent Elmore.  She also noted that it took Elmore two months to complete the paperwork required for the Public Defender's Office to represent her.

Following her Aug. 30 arrest, Elmore was ordered to appear in City Court on those charges at 1:30 p.m. Sept. 13.

Burns said she was going to be arraigned on those charges today, so he issued an arrest warrant related to those charges. He also issued two bench warrants for her failure to appear on the two injuring an animal charges.

At the time of her arrest on the animal charges, Elmore lived on River Street.  Welch provided the court with a new residential address for her on East Main Street.  Welch said he would be sending her a letter informing her of her court appearances and would attempt to reach her by phone.

Oddey remains at the animal shelter. Oddey is doing well, according to a member of Volunteers for Animals, but he can't be sent to a foster home or put up for adoption while the legal case against Elmore is pending or until she surrenders ownership.

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

Myrin and Dannielle Lumpkin are excited, to say the least.

The Batavia couple is in progress for an October ribbon-cutting of Mama Dee’z Kitchen in its new location at Eli Fish Brewing Company.

“It’s happening,” Dannielle said. “October 1st.”

In August, the Lumpkins shared with The Batavian at the Italian Fest that their hopes were on the possibility of moving into the downtown restaurant and brewery. 

At a more recent event, they informally disclosed that it’s coming true, and Eli Fish co-owner Matt Gray confirmed the news this week. Papers have been signed, he said.

The former catering company will now be serving dine-in meals and takeouts, plus be available through Grub Hub, Dannielle said.

She has also posted the news online: “what a blessing,” she said.

The Eli Fish site at 109 Main St., Batavia, has housed prior catering and restaurant set-ups as an incubator style: starting small and learning the ropes before expanding into bigger solo establishments.

Eden Cafe & Bakeshop was the last occupant at Eli, and it moved over to Ellicott Street a few months ago as a successful vegan eatery.

Mama Dee’z specializes in homemade sauces and features soul food and Caribbean flavors, barbecues, chicken wings and a slew of spicy jerk and saucy glazed meats and fish.

For more information about Mama Dee'z, click HERE.

Top File Photo: Dannielle Lumpkin serves up some rasta pasta during this year's Italian Festival downtown. Photo by Joanne Beck. Above, she stands in front of her new work space at Eli Fish on Main Street, Batavia. Photo from the Mama Dee'z online site.

Come out to Eli Fish this Saturday from 5 pm - 10 pm to celebrate our fourth annual Oktoberfest! Slap on your lederhosen and dirndls and come celebrate this year's Oktoberfest with us at Eli Fish Brewery in Batavia, NY! This year we'll be featuring live music by the Frankfurters, traditional Oktoberfest dancers, our very own craft beer, games and more! This is not an event to be missed!

• $8 Presale tickets
• $10 at door

 

The Batavia boys soccer team improved to 2-0 on the season with a 5-0 win on Wednesday over East/LAFYM/SWN/NE N Douglass.

Owen Halpin led the way with a hat trick with Alex Bartz and Dima Havens also scoring.

Both of Batavia's wins have been shutouts led by goalkeeper Jack Pickard and the defensive line of Ryan Dillon, Hunter Mileham, Rashawd Christie, and Trevor Tryon. 

Photo and info submitted by Graham Halpin, Batavia Boys Soccer Varsity Coach