batavia

Hundreds of volunteers spread out throughout the area today to perform a variety of tasks for charities and other civic groups as part of United Way's Day of Caring.

Among the projects, members of the Rotary Club built a new tool shed for the community garden behind the Youth Center off State Street. The garden's organizers had applied for a grant to buy the building materials and the club went a step further, sending over a volunteer construction crew as well.

Other volunteers at the garden helped replace about a third of the raised beds with new, deeper beds, which will make it easier for gardeners to grow carrots and other root vegetables.

There were dozens of projects countywide.

Along with the efforts at the community garden are pictures of the annual Lions Club bicycle repair at Adam Miller Toy and Bicycle, with the bikes going to clients of Arc of Genesee Orleans, and a project by the Batavia Improvement Association to chalk the sidewalks of Main Street with positive art and messages.

Similarly, here in New York State new workers’ compensation laws have been passed that threaten the rights of injured workers. These laws will not only decrease benefits, but also make it more difficult to qualify for benefits.

Our workers’ compensation team at Dolce Panepinto is always fighting for injured workers’ rights and are here to help. We will continue to keep you updated as changes continue to the workers’ compensation system. If you have any questions about your rights or if you or a family member has been hurt on the job, please do not hesitate to call us at 585-815-9003. Click here for more information.

Work crews were at Batavia Downs this morning resurfacing the parking lot.

Neighborhood Legal Services Inc. (NLS), a nonprofit organization previously located on Clinton Street, recently moved office locations to 45 Main St. in Batavia.

NLS provides free legal services to low-income people and the disabled. They also provide a wide range of technical assistance and support services.

John Zonitch, the managing attorney at NLS, said the services remain the same, but they were looking to expand personnel.

“We have added an attorney that specializes in Social Security work, so we are able to handle more cases than we used to,” Zonitch said.

Zonitch said they enjoy their more centralized location.  

“We’re definitely closer to the courts,” Zonitch said. “It’s convenient for the courts as well as for those with transportation difficulties. I think it’s a lot easier for them.”

Zonitch said the Community Action Center was also hoping to expand their Head Start preschool program.

NLS offers services in family law, disability law, housing, public benefits, consumer issues and New York State of Health Marketplace. They do not handle criminal cases, traffic tickets, money damage actions, estate work and real estate closings, torts, small claims court cases, workers’ compensation, unemployment and cases where fees are available for other counsel.

There are three offices throughout Western New York. One located in Buffalo, serving Erie County, one located in Niagara Falls, serving Niagara County, and the branch located in Batavia, serving Orleans, Genesee and Wyoming counties.

Residents can call or walk in to fill out an application. Some of the services are funded by grants, which have qualification requirements.

“Assuming their income and their assets meet our maximums, then they would be financially eligible,” Zonitch said. “Then as long as it’s a problem type that we handle, then we would certainly be very open to providing them with some service.”

Zonitch said their services concentrate primarily on divorces, evictions from the tenant’s standpoint and Social Security work. He said they also have healthcare navigators to assist people looking to get health insurance to navigate the online system.

“Our mission is to help low-income families have access to the court system that they might not otherwise be able to have,” Zonitch said.

Shane Zimblis, 46, of Buell Street, Batavia, is charged with fourth-degree criminal mischief and criminal obstruction of breathing. Zimblis was arrested following a manhunt yesterday morning that involved deputies and troopers and two K-9s in the area of Wortendyke Road, Batavia. The alleged crime was first reported at 1 a.m., Tuesday, and Zimblis was located around 7:30 a.m., reportedly attempting to flee on a motorbike in the wooded area near Wortendyke and Rose Road. He eventually was taken into custody by Deputy Kevin McCarthy after walking out to the parameter of the search area. Assisting were Deputy Andrew Hale, Deputy Lonnie Nati, Deputy Patrick Reeves, Deputy Chris Erion with "Destro," Trooper Eric Daigler, Trooper Palizay, Trooper Frank Veletta and K-9 "Paris." Zimblis was jailed on $500 bail. (Initial Post)

Elaine Heather Gearman, 31, of Park Street Arcade, and Douglas Robert Pasinski, 33, of Middle Road, Springville, are charged with petit larceny. Gearman and Pasinkski are accused of shoplifting from the Dollar General in Corfu.

Lachian Case Kellogg, 23, of Lancaster Avenue, Buffalo, is charged with aggravated unlicensed operation, 3rd. Kellogg was arrested on a warrant out of City Court and jailed on $1,000 bail.

Batavia's two girls 12U fast-pitch softball teams got to play for the first time yesterday on the field at Genesee Community College, which Coach Matt Landers said was a real treat for the girls.

Sophia Papponetti got the win on the mound for the Batavia Black squad, with Emma Bigsby taking the loss Batavia Yellow. Landers said it was a close game until the sixth when Batavia Black broke open the game to secure a 19-11 win.

Submitted photos and information.

Batavia City School District:

Budget - $49,870,585 (increase of $5,504,146 or 12.41%: $0.00 increase in tax levy)
Yes - 374 (81.84%)
No  - 83 (18.16%)

Establish $7.5 Million 10 Year Capital Reserve 2017 -
Yes -  370 (80.96%)
No -    87 (19.04%)

Board of Education positions (2):
Two terms from July 1, 2017 to June 30, 2020 
Barbara Bowman, 293
Tanni Bromley, 279

Oakfield-Alabama Central School District
Proposition #1-Budget
Yes:  297
No: 53

Proposition #2-Buses
Yes: 290
No: 60

Proposition #3-Athletic Equipment
Yes:  258
No: 92

Proposition #4-Capital Reserve Fund
Yes:  288
No: 59

Board Members (Three Vacancies)
Chris Haacke, 208
Bonnie Woodward, 171
Jennifer Kirkum, 170
Tim Edgerton, 162
Andrew Merkel, 142
Bruce Pritchett      141

Elba Central School District

Proposition #1 Budget - $9,273,839
Yes: 136
No: 26

Proposition #2 – Authorization to establish the 2017 General Capital Reserve Fund 
Yes: 132
No: 29

Proposition #3 – Authorization to appropriate and expend from Transportation Vehicle and Equipment Capital Reserve to purchase one (1) 65 passenger school bus
Yes: 134
No: 28

Two Board of Education seats with two candidates running:
Travis Torrey, 149
Michael Augello, 134

Byron-Bergen Central School District

Proposition 1, Budget
Yes: 327
No: 153

Proposition 2:  Bus purchase
Yes: 340
No: 150

Members of Troop A, State Police, based in Batavia, honored the men and women who have died in the line of duty while serving and protecting the people of Western New York in a service at the Batavia Barracks today.

Troop A Commander, Major Steven Nigrelli, said: "The Fallen Troopers did not wear capes, hit walk off homeruns are defend Earth from aliens, those are Hollywood Heroes; These Troopers are real American Heroes.

"They simply died doing what they swore an oath to do, the service and defend the public -- even in the face of peril and personal danger."

(In photo above, Trooper Dean Nolte and K9 "Weltz.")

To purchase prints, click here.

Plans continue to move forward for construction of the Ellicott Trail, a 4.6-mile, east-west pedestrian and bicycle path through the Town of Batavia and around and in the City, connecting parks and other points of interest.

Yesterday, the County's Public Service Committee recommended approval of an inter-municipal agreement between the Town and the County to construct the portion of the path through DeWitt Recreation Area, with a bridge over some wetlands.

The path will pass north of the lake and come out at Route 5 near the Tractor Supply store.

The bridge would be made of aluminum, said Highway Superintendent Tim Hens.

"We wanted to avoid pressure-treated timber because when it gets wet it gets slimy and slippery," Hens said.

The bridge cost is $85,000 plus $30,000 in in-kind county labor expense, which will assist the Town of Batavia in meeting matching funds requirements for grants.

The funds will come from capital reserves already set aside for improvements to the park.

"It's a pretty sharp bridge," Hens said.

The total Ellicott Trail project is expected to cost $1.7 million, and 80 percent of the cost will be covered by a state grant.

For prior coverage of the Ellicott Trail, click here.

A subject who is wanted in connection with possible criminal mischief complaint stemming from an argument is trying to evade deputies in the area of Wortendyke Road, Batavia.

He reportedly tried escaping on a dirt bike but now may be pushing the bike through the mud.

A State Police bloodhound K-9 has been dispatched to assist in the search.

Submitted photo and press release:

Eugene Jankowski Jr. finished in seventh place in Practical Division at the 3 Gun Nation Pennsylvania state 3 Gun championship held in York, Pa., April 29-30.

A total of 130 competitors from all over the region attended Pennsylvania's first 3 Gun Nation state championship. 3-Gun Nation arranges Regional and Club series matches across the nation and was formed to promote practical shooting as well as the guns, gear and lifestyle that define the high-octane sport of 3-gun competition.

Jankowski is sponsored locally by Metal Spinning Targets in Le Roy, Offhause Farms, and Pheasants on the Flats Shooting Range in Batavia. He is a retired City of Batavia police officer and currently president of the Batavia City Council.

Items are now being accepted at the Genesee County Animal Shelter for the Volunteers for Animals' big annual garage sale next month to benefit homeless pets.

NO CLOTHES OR TVs will be accepted! 

Drop off items at the shelter, located at 3841 W. Main Street Road, Batavia, during its hours of operation:

• Monday -- 1 to 3 p.m.
• Tuesday -- 1 to 3 p.m.
• Wednesday -- 1 to 3 and 7 to 9 p.m.
• Thursday -- CLOSED
• Friday -- 1 to 3 p.m.
• Saturday -- 11 a.m. to 1 p.m.
• Sunday 1 to 3 p.m.

The garage sale will take place at The Storage Mall, located at 3566 W. Main Street Road, Batavia, from 9 a.m. to 4 p.m. on Thursday, Friday and Saturday, June 15-17.

All proceeds go to aid shelter animals.

"We're not suggesting she live in luxury," said Public Defender Jerry Ader. "We're only talking about a residence that is not her daughter's couch."

In an accounting of Heidi L. Schollard's expenses, Ader says she's paying her daughter $250 a month to help with rent, plus utilities and transportation costs (Schollard is working for a temp agency, but doesn't own a car, so her daughter provides transportation.). With all of Schollard's other expenses, she still has about $742 left over, but she is unable to save enough for first month's rent and security deposit. 

Ader said she is seeking not only a possible reduction in monthly restitution, but also at least a month's break from payments so she can save enough to move. 

County Court Judge Charles Zambito said he did have enough information and detail to make a determination on the request. The case was continued to give Ader time to gather more documentation. 

Zambito said Schollard was entitled to the court's consideration for reasonable restitution.

District Attorney Lawrence Friedman opposed any modification. He said the circumstances of Schollard's case hasn't changed since the day five years ago when then Judge Robert Noonan issued the $500-a-month order. 

The fact that Schollard has $742 left over each month might mean she can actually afford to pay more and paying restution shouldn't be easy, says Friedman.

"Considering the age of the victims in this case, she could pay double the current amount and still not make any substantial restution in their lifetimes," Friedman said.  

Friedman expressed concern that in a revised monthly budget, any speculation about her rent could lead to her saying she found an apartment she wanted at $700 a month. 

Ader said the revised affidavit would not contain any speculation. 

Schollard stole the money from two elderly victims between 2006 and 2011. She pled guilty in 2012 to three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony. She was sentenced to the maximum possible prison term by Noonan. 

Friedman said Schollard is already on shaky ground for alleged willful failure to pay restitution and could face a return to prison as things stand. Ader disputed that point, but said he would argue it, if necessary, at a future date. 

By this point, Schollard should have paid $1,500. She's paid $1,200.

(Inset is a file photo of Heidi L. Schollard.)

Press release:

Hackers for Helicopters, a fundraiser for Mercy Flight Inc., will be held on Monday, June 5 at Batavia Country Club, located at 7909 Batavia-Byron Road in Batavia.

Cost is $100 per golfer and includes:

-- 18 holes of golf with cart

-- Lunch and beverages

-- Dinner and a one-hour open bar

-- Commemorative gifts

-- Door prizes and more

Registration begins at 10:30 a.m. and the shotgun start is 11:45 a.m.

Cocktail hour begins at 5 p.m., followed by dinner and awards.

Mercy Flight Inc. is an independent, nonprofit 501 (c)(3) charitable organization that provides air and ground medical transportation for those in need.

For sponsorship information, please call (716) 626-5808 or visit www.mercyflight.org

Ahhhhh…the senior prom – the date was set, the theme selected, the venue secured, the attire had been picked out for months. And even though it appears that some couples will naturally go to the prom together, Kristy Mell decided she didn’t want to leave things to chance, she was going to ask him. But Kristy decided to ask him in a creative way.

Kristy and Bo White are both seniors at Attica High School, who attended their final prom Friday night. 

On April 6, Kristy and Bo, who, as they admit, are huge Taco Bell fans, were enjoying a meal at the Batavia restaurant when Kristy asked Bo to the prom. Before sitting down to eat their meal, Kristy told Bo she had forgotten something in the car. When he sat down, she went out to retrieve it. When she came back to their table, she was holding a sign that read:

Bo, you are HOT, so, lets TACO Bout Prom? Think outside the Bun. Ingredients: You & Me.

The local franchise group, Hospitality Syracuse Inc., that owns the Batavia Taco Bell was so impressed with their creativity and passion for Taco Bell that they rolled out the red carpet for Bo, Kristy and eight of their friends on prom night.

“For us to be included for the process is awesome,” said Dennis Beutel, Rochester market manager for Hospitality Restaurant Group. “It’s such a big occasion for teens, we are glad we can make it even more memorable. It’s a nice feel good story.”

So on May 12, Bo, Kristy and friends were picked up in a sleek white limousine, courtesy of Taco Bell, and driven to the Batavia restaurant. When the teens arrived, they were greeted by management from the franchise, but also walked a red carpet to the front door. 

The students all received a Taco Bell swag bag loaded with a Taco Bell T-shirt, beach ball, sunglasses, a $25 Taco Bell gift card and more. Additionally, they all enjoyed pre-prom appetizers, courtesy of the establishment, before being whisked off to their prom in Buffalo.

“We are grateful for Kristy and Bo’s passion and love for Taco Bell and are honored to be able to help them celebrate this special day,” said Steve Pinkerton, vice president/owner of Hospitality Syracuse.

According to Kristy’s mom, Kristen Kriger, the pair are always together and she just wanted to do something different.

“We are really surprised they did this,” Kristy said. 

“It’s really cool they did this,” Bo said. “It’s really rad. We’re super stoked.”

Voters will be asked tomorrow whether they support the 2017-18 Batavia City Schools budget, with a spending plan of $49,870,585.

That's an increase of 12.41 percent over last year, due entirely, school officials say, to a change to record debt service expenditures in the general fund as recommended by the comptroller's office.

Even so, local property owners will not be hit with an increase in school-related property taxes. The property tax levy isn't being increased at all.

This is the fourth straight year the district's tax levy is below the state's increase cap, so homeowners will be eligible for a state property tax rebate, sent directly to homeowners in the fall of 2017.

The budget represents a $10,859 per student in general education, $28,502 per Special Education student, or $19,241 per student on average. All three figures are below state averages, which are $11,949 and $30,667 and $22,536, respectively.

Of the district's total revenue, more than 52 percent comes from state and federal aid. The tax levy is 37.1 percent of total revenue. This budget calls for use of $2.7 million of fund balance (reserves).

Polls are open Tuesday, May 16, from 7 a.m. to 9 p.m. at Robert Morris (residents north of Route 5) and Batavia High School (residents south of Route 5).

Two 16-year-olds, one a resident of Jerico Road, Bergen, and the other a resident of Shady Lane, Batavia, are charged with criminal mischief, 3rd. The youths are accused of using a sledgehammer to damage a concrete picnic table and bench seats in Hickory Park, Bergen, causing more than $250 damage.

Brian Wayne Giambrone, 27, of Byron Holly Road, Byron, is charged with unlawful possession of marijuana. Giambrone was stopped at 11:42 p.m., Friday, on Route 237, Stafford, by Deputy Howard Wilson.

Ahmed Dhalfallah Alshami, 37, of Ludington Street, Buffalo, is charged with aggravated unlicensed operation, 2nd. Alshami was arrested on a warrant for alleged failure to appear on his case in Pembroke Town Court. He was jailed on $3,000 bail or $5,000 bond.

Tony Gene Marsh, 47, East Boston Road, Mamaroneck, is charged with unlawful possession of marijuana. Deputy Jeremy McClellan was dispatched Lewiston Road, Alabama, to check on a report of a suspicious vehicle in the lane way of a farm field. Marsh was allegedly found in possession of marijuana and smoking paraphernalia.

Stephanie Ann Bonin, 22, of Denio Street, Batavia, is charged with petit larceny. Bonin was arrested on a warrant for alleged violation of probation and jailed on $5,000 bail.