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Batavia woman pleads guilty in welfare fraud case

By Howard B. Owens

A 30-year-old Batavia woman agreed to a plea deal this week stemming from welfare fraud-related chages.

Chandah Sundown entered a guilty plea in Batavia Town Court to one count of disorderly conduct.

The plea satisfies her arrest previously on charges of filing a false instrument in the first degree, 11 counts, and one count of grand larceny in the third degree

She was arrested for failing to report that the father of her children was also residing in their home and earning an income. 

Sundown was given a one-year conditional discharge and has made full restitution of $8,353.

The Genesee County Department of Social Services asks that anyone suspecting welfare fraud can report it by calling (585) 344-2580, ext. 6417 or 6547.  All calls are confidential.

 

Comedy, romance and tragedy rolled into a Shakespeare classic: Antony and Cleopatra

By Joanne Beck

How do you get through a play with nearly 4,000 lines of script and requires just under double the amount of actors that you have?

“It’s a long play. We did a play review, we went line by line and chose what lines to keep and what we could cut,” Director Jane Burk said of the Shakespeare in Springtime debut production. “We cut a lot. One act has 13 scenes, act four has 15 or 16 scenes. We had to pick and choose what scenes to cut or combine.”

Not the glamorous side of theater, perhaps, but important all the same. Reviewing words to be spoken — William Shakespeare’s words, no less — is nothing to dismiss as an idle task. Burk has been trading off the director’s role for the Batavia Players Shakespeare in Springtime series every other year, and this time it's her turn.

The play is “Antony and Cleopatra,” the second longest of Shakespeare’s works, and set in late B.C. Considered part comedy, romance, and tragedy, it hits the stage at 7:30 p.m. Friday at Batavia City Centre’s concourse.

Major characters are, of course, Mark Antony, a Roman general and one of the three joint leaders known as triumvirs who rule the Roman Republic after the assassination of Julius Caesar; Octavius Caesar, adopted son of Julius; Lepidus; Cleopatra, queen of Egypt who follows six Cleopatras before her; and Sextus Pompey, a rebel against the triumvirate and son of the late Pompey.

Mark Antony—one of the triumvirs of the Roman Republic, along with Octavius and Lepidus—has neglected his soldierly duties after being beguiled by Egypt's Queen, Cleopatra. He ignores Rome's domestic problems, including the fact that his third wife, Fulvia, rebelled against Octavius and then died.

Octavius calls Antony back to Rome from Alexandria to help him fight against Sextus Pompey, Menecrates, and Menas, three notorious pirates of the Mediterranean. At Alexandria, Cleopatra begs Antony not to go, and though he repeatedly affirms his deep passionate love for her, he eventually leaves.

The triumvirs meet in Rome, where Antony and Octavius put to rest, for now, their disagreements. Octavius' general, Agrippa, suggests that Antony should marry Octavius's sister, Octavia, in order to cement the friendly bond between the two men. Antony accepts. Antony's lieutenant Enobarbus, though, knows that Octavia can never satisfy him after Cleopatra. In a famous passage, he describes Cleopatra's charms: "Age cannot wither her, nor custom stale / Her infinite variety: other women cloy / The appetites they feed, but she makes hungry / Where most she satisfies."

Burk saw a stage production a “very, very, very long time ago,” she said and has gotten up to speed on the show and how she has wanted to put her own twist on it.

“So many things happened, basically, all within a relatively short time, that brought about the downfall of all of these people. And it was a tragedy, with the one exception of Octavius Caesar, who survived. There were military battles, there were sea battles that occurred in northern Egypt, in the Roman area of Italy, and throughout the area of the Eastern Mediterranean. I mean, historically, this was a very volatile period of time. Shakespeare was writing a play, so he made mention of many of these different activities that were happening and how they were reflected in the time period. But his main focus, because he was a playwright, was the actual personal relationship between Mark Antony and the other two members of the triumvirate,” Burk said. “And then, on the other hand, between Mark Antony and Cleopatra, who was a ruler and a queen in her own right. She lived from approximately 51 BC until she died by suicide in 30 BC. Mark Antony, he was a little bit older than her, his birth date was somewhere around the mid-80s, 82 or 83 BC. But his death was also by suicide in 30 BC, which was technically the end of the issue of the Roman dynasty, and of the Egyptian dynasty and how they related to each other, militarily and politically.

“Realistically, you could almost point the finger at what happened between Mark Antony and Cleopatra and their downfall. And what happened to the countries where they lived in that time period,” she said. “And the military issues that arose. That all played into that, that final thing of being left with one specific Emperor, who was Augustus Caesar, and the head of the Roman Empire.”

One-half of the City Centre stage will be dressed in traditional B.C. scenery and costuming and dialogue, while the other half will sport a contemporary look, she said. While the historic views may not seem relevant today, might they be?

“And so there's a juxtaposition between how the two who are contemporary and are so not contemporary, are they contemporary? Are things that happened in the long ago time of Egypt, are they still relevant today? And those that have some impact on what is happening in the Roman place, and vice versa?” she said.

All of the action is on stage, and that means all of the action — actors and audience. There is seating for 60. Placing spectators around the stage at ground level with a split stage of time periods just would not have worked, Burk said.

And “lighting is very important.”

“It’s going up on one side while going down on the other,” she said. “It’s a truly amazing cast, I could not be more proud of them. I was so relieved to have them try out. We have an extraordinarily talented cast.”

The show is 2 1/2 hours, plus intermission, and debuts at 7:30 p.m. Friday and continues at 7:30 p.m. Saturday and 2 p.m. Sunday at Main St. 56 Theater, Batavia City Centre. Enter through the purple door next to Batavia Family Dental.

Tickets are $16 for adults and $14 for students and seniors. To purchase tickets, go HERE

Top Photo, left to right, Cynthia Nelson as Caesar, Shaun Coburn as Dollabella, James Barcomb as Lepidus and Jacqueline Morrison as Pompey; Erin Stamp as Menas and Elijah Van Epps as Enobarbus; Erin Stamp as Menas, Jacqueline Morrison as Pompey, Steve Coburn as Marc Antony, Shaun Coburn as Dollabella, Cynthia Nelson as Caesar, James Barcomb as Lepidus and Elijah Van Epps as Enobarbus; Steve Coburn as Marc Antony and Jaqueline Morrison as Pompey; and Kendra Morrison as Alexis, Emily Crawford as Cleopatra, Shellene Bailey as Charmian and Patrick Burk as Mardian. Photos by Howard Owens.

Lions Club prepares for Day of Caring bike restoration project

By Press Release

Press release:

As the Batavia Lions Club continues to move past the pandemic, we are reconnecting with our partners from past projects.

For many years the Club had been working with the Batavia Police Department and Adam Millers to refurbish bikes that have been recovered by the BPD and get them into the hands of children and adults who can use them. To that end, Detectives James Defreze and Matthew Wojtaszczyk (pictured above with Lions President Diane Hawn) visited the Club to review how bikes might be recovered and be eligible for donation to the Lions Club.

Many bikes are recovered each year that are damaged beyond repair. Those bikes are disposed of. If owners can be found for the usable bikes, they will be returned. If there is no way to determine ownership, they can be donated to an organization like the Lions. In past years those bikes have been refurbished and distributed to organizations such as The Salvation Army and ARC.

The detectives do encourage people to register their bikes with the BPD so if they are recovered, the bikes can be returned to the owner.

A relaxed discussion followed on several issues that the BPD faces every day and the complexity of modern law enforcement. Detectives Defreze and Wojtaszczyk were relaxed and informative in the give-and-take with the Lions Club. The Club looks forward to re-establishing the bike program and working with BPD to serve the community.  

Top photo: Submitted.

File photo from 2014 Day of Caring outside Adam Miller Toys and Bicycles by Howard Owens, from front: John Huntzinger, Chuck Brenner, Bob Swanson, Tom Clark, Pier Chipollone, Dave Cuttia, John Roach and Van Scoy.

Books Sandwiched In Spring 2023 Series Debuts in April at RML

By Press Release

Press Release:

Richmond Memorial Library invites you to attend the 2023 Spring Series of Books Sandwiched In!

Now in its 42nd year, this program is a familiar favorite for many RML patrons and new attendees are always welcome. Guest speakers will share book reviews, generally of non-fiction titles. This series will also include fiction and non-fiction reviews from the Books Sandwiched In Committee.

“We’ve got a wide variety of titles to hear about this series,” shares program coordinator and Community Adult Services Librarian Samantha Basile. “We’ve got bestsellers, timely reads and some titles that people may not be familiar with but will find really interesting. Both 'The Last Slave Ship' and 'The Escape Artist' are newer and share very important forgotten histories. 'Braiding Sweetgrass' has been on the NYT Paperback Non-Fiction list for 153 weeks now and was first published in 2013, so it is also really interesting to hear how these books stay relevant and their messages continue to resonate with readers.”

Sessions will take place at the library on Wednesdays in April from 12:10 – 1 p.m. Enjoy refreshments and enter for a chance to win a door prize at each program! Each session will feature a drawing for a $10 gift certificate to a local lunch spot. Attendees do not need to read the books prior to the program and copies of the chosen titles will be available for checkout. Each session will also be recorded and will be available to view on the library’s YouTube page .

Wednesday, April 5, 12:10 – 1 p.m.: Meet the Books Sandwiched In Committee as they share short fiction and non-fiction reviews! Committee members include Stacey Anderson, Richard Beatty, Christina Mortellaro Frank, Cathy Uhly and program coordinator Samantha Basile. Titles to be discussed include "Louise Blanchard Bethune: Every Woman Her Own Architect" by Kelly Hayes McAlonie, "The Librarian Spy" by Madeline Martin, "Chasing the Boogeyman" by Richard Chizmar, "Of Women and Salt" by Gabriela Garcia and "How to Sell a Haunted House" by Grady Hendrix.

Wednesday, April 12, 12:10 - 1 p.m.: Retired attorney and community volunteer Julia Garver reviews "Braiding Sweetgrass: Indigenous Wisdom," "Scientific Knowledge" and the "Teachings of Plants" by Robin Wall Kimmerer (2013)

“In reflections that range from the creation of Turtle Island to the forces that threaten its flourishing today, Robin Wall Kimmerer circles toward a central argument: that the awakening of ecological consciousness requires the acknowledgment and celebration of our reciprocal relationship with the rest of the living world. For only when we can hear the languages of other beings will we be capable of understanding the generosity of the earth, and learn to give our own gifts in return.” (from publisher summary)

Wednesday, April 19, 12:10 – 1 p.m.: Retired history teacher and community volunteer Ron Chrzanowski reviews: "The Escape Artist: The Man Who Broke Out of Auschwitz to Warn the World" by Jonathan Freedland (2022)

“In April 1944, Rudolf Vrba became one of the very first Jews to break out of Auschwitz and make his way to freedom--one of only a tiny handful who ever pulled off that near-impossible feat. He did it to reveal the truth of the death camp to the world -and to warn the last Jews of Europe what fate awaited them at the end of the railway line. Against all odds, he and his fellow escapee, Fred Wetzler, climbed mountains, crossed rivers and narrowly missed German bullets until they had smuggled out the first full account of Auschwitz the world had ever seen.” (from publisher summary)

Wednesday, April 26, 12:10 - 1 p.m.: Rev. Dr. Roula Alkhouri and Rev. Dr. Shiela McCullough review: "The Last Slave Ship: The True Story of How Clotilda Was Found, Her Descendants, and an Extraordinary Reckoning" by Ben Raines

“The complex history behind the recent discovery of the last known slave ship to convey Africans to the U.S. before the Civil War. In 2019, environmental journalist Raines, who lives in Alabama, helped unearth from the muddy delta outside Mobile the sunken remains of the schooner Clotilda, which made its infamous run to the west coast of Africa in July 1860 and returned carrying 110 slaves…A highly readable, elucidating narrative that investigates all the layers of a traumatic history.” (from Kirkus starred review)

Books Sandwiched In is generously sponsored by The Friends of Richmond Memorial Library. Support of the Friends is always welcomed through donations and memberships! Visit the library to learn more. Richmond Memorial Library is located at 19 Ross St. in the City of Batavia. For more information about the library and its programs, visit batavialibrary.org.

Submitted Photo.

City Councilwoman resigns after a baker's dozen of dedicated service

By Joanne Beck

Well-informed, polite, and a wonderful person with her own style.

That’s how City Councilwoman Patti Pacino’s colleagues described the Second Ward representative. Pacino announced Monday evening that she would be stepping down from her position due to health-related issues. After 13 years taking a seat in Council Chambers as one of nine elected city leaders, she will miss it and will be missed, her colleagues said.

“I’m already missing it,” she said after council’s meeting at City Hall.

Pacino explained that, in addition to her medical condition the last several months — a bilateral ear infection that resulted in a December brain surgery and difficulty with walking and hearing — “I’m very tired,” she said. Her family has been helping to transport her to and from places, and she made the decision that it’s too much to continue.

Good news includes her regained memory, vocabulary and ability to use a fork and a pen. Hearing aids should help to replace part of her hearing, and she’s working on being able to walk again.

She read a prepared statement at the beginning of the meeting that read, in part:

"In light of these changes, I have sadly decided to stop early on my council work. Tonight will be my last meeting as a City Council member. I’m sure I will still visit meetings to share my opinions, just behind a different microphone,” she said.  “I wanted time tonight to offer my sincere thanks to all the city policemen, firemen, departments, the city manager and staff at City Hall, all the Batavia citizens who have shared questions and suggestions, and most of all to all the dedicated people who have sat in these nine council seats during the past 13 years sharing hours of reading, studying, discussing, and agreeing to work overlooking the management of the City of Batavia.

“This has been one of the most wonderful experiences of my life,” she said. “My great thank you to all.”

Pacino has jumped on board no matter the topic, whether it’s the deer on Ross Street, an old police station, or a picnic in the park. She hasn’t been afraid to speak her mind, but not in a flashy or ignorant way.

City Council President Eugene Jankowski Jr. commended Pacino for being so well-informed. She reads everything, he said.

“And she knows what she's talking about when she makes comments. And so I have a lot of respect for her because of that,” he said to The Batavian. “She's well educated, and does her research. And that's one of the important things, I think, of being on council, to make sure you understand both sides of the situation. And she has been very, very good in that respect. I liked her comments, and she usually contributes some good information. So she's going to be sorely missed.”

Pacino was great to work with and knew how to interact professionally during meetings, Councilman Bob Bialkowski said.

“I can only wish her good luck. And I think she knows what she needs to do. She knows what’s best. She’ll be missed on council, that’s for sure,” Bialkowski said. “I mean, working with her, it's always been a pleasure, it's always been polite, polite exchanges. She helped me one year on the parades.”

Councilwoman Kathy Briggs agreed. “It has been an absolute pleasure working with Patti,” she said.

“I enjoyed discussing City issues with her and getting her opinions,” Briggs said. “I’m going to miss her, but she won't be forgotten. I will still contact her and talk about everything.”

Sixth Ward  Councilwoman Tammy Schmidt has known Pacino for decades. From her large-framed glasses to a comical moment after a council meeting, Schmidt has fond memories of Pacino, a well-known community advocate.

“I have known Patti since high school.  She worked there when I was in school.  I also thought she was a wonderful person with her own style and her signature eyeglasses.  I did not recognize her without them!  I have only worked on council with her 15 months, but I believe her heart was in her work no matter what the job was,” Schmidt said.  “My most recent memory is when she got locked behind the gate with John Canale after a meeting, and nobody knew how to set them free.   I have a nice photo to look back on.  Patti will be missed and I hope she will be replaced with a person who has a love for this city and a passion for the job and our citizens.”

Councilman Richard Richmond, chair of the City Republican Committee, said that the committee had already pegged David Twichell to run for the Second Ward seat when Pacino had indicated that she wasn’t going to run for re-election in November. So the plan is to temporarily fill her seat with Twichell until he runs for a term in November, Richmond said.

Twichell is president of the city’s Youth Board.

Top Photo of Patti Pacino during Monday's council meeting at City Hall, by Joanne Beck; her official city photo; and above, a file photo from 2010 when she was sworn in the day after she misunderstood the time of the official swearing in ceremony, by Howard Owens.

The Wild fend off a wild comeback to win overtime in BML championship

By Steve Ognibene

Beachy Cabinet Makers Wild won the Batavia Mens Hockey League Championship at the David M. McCarthy Memorial Ice Arena on Sunday, defeating the Kelly Holland Inn NorthStars, 5-4 in overtime.

Shawn Beachy scored the first goal in the opening period.  Wild led 1-0 after 1.

The Stars tied the game with 4:51 left in the second period on a goal by Nick Bush.

Two minutes later, Ken Beachy scored to give the Wild back the lead 2-1.  A couple of goals were disallowed by the Wild in the next two minutes.  Twenty-one seconds before the end of the second period, the Wild scored again to increase the margin, 3-1 on a goal by Shawn Beachy, assisted by Ryan DiFilippo, who had two assists in the game.

After a Zamboni clean, the Wild carried the momentum from the locker room to score a goal by Jason Harasimowicz and gave the Wild a commanding 4-1 lead.

However, the Stars did not give up, seven minutes left in the third period,  Mason Versage scored two goals within a minute apart, including one on the power-play to cut the lead to one.

Then minutes later, at 4:14 left, the Stars' James Kujowski tied the game on a loose puck in front of net-minder John Bermel for the Wild.

The game went to a ten-minute sudden death overtime after a 4-4 tie.

Both teams had opportunities to end the game, and play got scrappy and challenging.  With four minutes left in the overtime, Wild caught a roughing penalty. Stars were on a 5 to 4 power play opportunity. 

Jason Harasimowicz from the Wild said “I stepped up to the faceoff circle, was aggressive and wanted to see where it goes.  I am just going to start picking up speed and hope I can get the puck in their zone.  I came down the right side, took the shot in the corner and scored. I have scored on the goalie like that during the regular season.  So, if I score, I score.  I know I have done it before and hoped it would get in the net. It did and could not believe it."

Harasimowicz scored the game winning goal short-handed with 3:35 left in the overtime to give the Beachy Cabinetmakers Wild the men’s league title.  Harasimowicz was named MVP.

To view or purchase photos, click here.

Photos by Steve Ognibene

Jason Harasimowicz named MVP

Beachy Cabinet Makers Wild 2023 Mens Hockey Champions

Three Beachy family generations, photo left to right Ken, grandson Sawyer, son Shawn

Power outage reported in Genesee County

By Press Release

Multiple small power outages are reported in Genesee County, and two affect at least 600 National Grid customers each.

A power outage throughout most of Bethany stretches from Route 20 to the City of Batavia and another within city limits is in the southeast corner of the city.

On the first one, National Grid expects to restore power by 1:30 a.m.  On the second, in the city of Batavia, the ETA for power restoration is 3 a.m.

Kiwanis Easter Hunt returns to Centennial Park on April 8

By Press Release

Press release:

Families in the Batavia area are invited to attend the annual Kiwanis Club of Batavia Easter Egg Hunt on Saturday, April 8 at 9 AM sharp.  The event will take place at Centennial Park with three age categories: birth-3, 4-7 and 8-10.  Along with the thousands of eggs hiding in the park, there will be nine golden eggs.  The nine lucky children who discover the golden eggs will be able to exchange them for a chocolate bunny from Oliver’s Candies.

There will also be one golden egg hidden each day in Centennial Park beginning on Saturday, April 1 through Thursday, April 6.  The golden eggs will be hidden at different times each day to allow for families with different schedules to search and have an equal chance of finding them. The golden eggs are restricted to kids age 12 and under, although older siblings and family members can help search!  The winning golden eggs must be turned in at the Easter Egg Hunt on April 8th to receive an Oliver's Candies chocolate bunny.

The club is asking those who find golden eggs prior to the Easter Egg Hunt, please send pictures to the Kiwanis Club of Batavia Facebook page at facebook.com/kiwanisclubofbatavia.

Kiwanis Club of Batavia is proud to offer fun, healthy family activities that serve children in our community.  For more information, visit the club’s Facebook page or their website at www.bataviakiwanis.org.  The club meets the 2nd and 4th Thursday at 12:10 at Batavia’s Original Pizza and welcomes new members.

Sponsored Post: Awesome price drop! Start with this listing from Reliant Real Estate

By Lisa Ace


AWESOME PRICE DROP! Start with this one!! If you want one floor living in awesome setting then this solid ranch checks all the boxes! Hillside location has scenic views from all windows! Set back from road you can look out front across to see Horseshoe Lake and out back to a gorgeous wooded backdrop-best of all worlds! Home features 3 large bedrooms -master bedroom with full bath-as well as a second full bath and roomy guest bedrooms. Large living room and unique split kitchen/dining room or cozy secondary family gathering spot with wood stove looking out sliding glass door to back yard! Truly the gathering spot of this home it makes you want to stay and watch the seasons change! There is large pantry style closet for all your kitchen supplies as well as a great utility/laundry room for all the other necessities! This room also has direct access to covered carport for easy in and out for unloading the cars! Also there is enclosed front entryway, extra large foyer, and xtra wide hallway. This home packs a lot in! This owner did all the right things through out the years maintenance wise, all that is needed is for the next person to make it their own! Don't underestimate all the possibilities here-this is a FOREVER HOME!! Click here for more information on this listing.

Federal judge confirms removing David Bellavia from alleged conspiracy lawsuit

By Howard B. Owens

A U.S. District Judge this week confirmed a prior recommendation by a federal magistrate to dismiss an alleged conspiracy lawsuit against Medal of Honor recipient David Bellavia by his former wife, Deanna King.

Bellavia is a former Batavia resident, and King, a media personality and broadcaster in Rochester, currently resides in Batavia.

The suit stemmed from King's arrest on Jan. 27, 2021, in Orleans County, by a District Attorney investigator, Corey Black, on a harassment charge.  In the lawsuit drafted by King's attorney, Nate McMurray, King alleged Black and Bellavia engaged in a conspiracy to have her arrested without probable cause as part of an effort to intimidate her during divorce proceedings.

District Judge John L. Sinatra, in affirming the recommendation of Magistrate Judge Jeremiah J. McCarthy, said that a complaint and an amended complaint filed by McMurray failed to prove a conspiracy.

"Moreover, the alleged conspiracy (in both versions of the complaint) lacks the requisite plausibility to survive a Rule 12(b)(6) motion, namely, in its reliance on factually-bare speculation about a supposed improper agreement based solely on a pre-existing relationship between Defendant Black and David Bellavia," Sinatra wrote in his ruling.

In the complaint written by McMurray, King alleges that Black and Bellavia are lifelong friends and share a political affiliation but does not offer any evidence that the two men concocted a scheme to have King arrested.

McMurray argued that Black falsely portrayed himself as a law enforcement officer and arrested King without probable cause.

In his motions objecting to McCarthy's dismissal recommendation, he provided the accusatory document filed in conjunction with King's arrest.  He argued under the language of the harassment statute, part of the definition of harassment is communication for "no legitimate purpose."   McMurray said King contacted Bellavia about obtaining a health insurance card for one of their children.

Concern for the health of their children during the pandemic, McMurray argued, was a legitimate reason for King to contact Bellavia.

The accusatory, apparently written by Black, states that King has been previously instructed not to contact Bellavia by telephone and that King used the phone of her son to call Bellavia "for the sole purpose of harassing and annoying him.  That said defendant stating (sic) her displeasure for (sic) an insurance card issue and stating (sic), 'I don't care where you are or if you're with your girlfriend.' All contrary to the provisions of the statute."

Except for any potential appeals, Sinatra's ruling removes Bellavia from the case. He is no longer a defendant in the suit. The other defendants in the case, alleged to have violated King's civil rights, are Orleans County, the Orleans County Sheriff's Office, the Orleans District Attorney's Office, Corey Black, and Deputy John Doe.

None of the other defendants have so far filed any motions in the case.

McMurray, an Erie County resident, campaigned unsuccessfully three times for a congressional seat that contained Genesee County.

GCC names Ben Bonarigo 55th commencement speaker

By Press Release

Press release:

Genesee Community College is pleased to announce that Benjamin J. Bonarigo Sr., Esq. will be the 55th commencement speaker for the college's graduating class of 2023. Mr. Bonarigo, a former trustee of GCC and a first-generation college graduate, will share his experiences and insights with the graduates during the ceremony which will take place on May 20 at 1 p.m. in the Richard C. Call Arena.

Born and raised in Batavia, Ben Bonarigo graduated from Batavia High School in 1975. He attained an Associate of Science Degree in Business from Genesee Community College (1977), a Bachelor of Science degree in Business Management from the State University of New York at Buffalo (1979), and his Juris Doctorate from the State University of New York at Buffalo (1982).

After passing the bar exam, he returned to his hometown and was the founding and managing partner of the Bonarigo & McCutcheon Law Firm, where he practiced law for 40 years and held various positions, including the attorney for the City and Towns of Batavia and the Village of Oakfield.

Ben was deeply involved in the betterment of his profession as President of the Genesee County Bar Association, a delegate to the N.Y.S Bar Association, a member of the Attorney Grievance Committee that governed the ethical behavior of attorneys, and a member of the Judicial Qualification Commission that screened and gave ratings to prospective judges.

Ben was an active member of his local community, serving on the boards of many civic organizations, including Notre Dame High School, Paulo Busti Cultural Foundation, Literacy Volunteers, Batavia Youth Football and the Holland Land Office Museum. He also coached little league baseball and football.

From 2011 to 2020, Ben served as a member of the Board of Trustees at GCC, where he was instrumental in the Capital campaign that raised over $5M that helped fund the college's Student Success Center, Richard C. Call Arena and numerous scholarships. He also advocated for a multi-phase renovation plan to College Village, GCC's apartment-style student residence.

Having retired from practice in 2020, Mr. Bonarigo resides in Batavia and Rushford Lake, NY and in Palm Harbor, Florida. He enjoys spending time with his wife of forty years, Diane, his three children and their spouses, and most of all, with his five grandchildren.

"I am honored to be speaking at Genesee Community College's commencement ceremony and to share my experiences with the graduating class of 2023," said Mr. Bonarigo. "I am proud of what the college has accomplished over the years, and I look forward to seeing the impact that these graduates will have in the future."

GCC President Dr. James M. Sunser stated, "We are thrilled to have Mr. Bonarigo as our 55th commencement speaker. His commitment to education and his contributions to GCC and the community make him an ideal choice for this special occasion."

Attorney says video submitted under court order clears his client in gun incident on school grounds

By Howard B. Owens

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

BCSD taxpayers can expect a 1 percent increase in the 2023-24 budget; 3 buses on the shopping list

By Joanne Beck

City school taxes are expected to go up again this year.

School officials and board members seemed relieved that the increase was brought down from over 3 percent to a 1 percent increase, but it still potentially means an extra $22 a year in property taxes on a home assessed at $125,000.

The Batavia school board approved the proposed 2023-24 budget of $58.9 million with a tax levy of $19,888,991 during its meeting earlier this week. That levy is below the tax cap limit, and the budget is $4.1 million more than the 2022-23 budget, or 7.6 percent.

The Batavian asked Superintendent Jason Smith why the district has an increase at all, given nearly $4 million of additional revenues and recouping state Foundation aid after its absence the last couple of years.

“For context, our allowable tax cap is 8.42 percent, and the preliminary budget presented last week had just over a 3 percent levy increase.  Based on board feedback, the proposed levy has now been reduced to just over 1 percent.  There were a few factors driving this decision.  First, this budget calls for the addition of three school buses from our transportation contractor, which, if drivers can be hired, will reduce the time for our students (to be) on buses, which has been a source of community and family concerns and one which we have listened to,” Smith said.  “Second, our transportation contract will not be renewed at the end of next year, which means the entire contract is up for renewal and is subject to price increases.  We also fully expect the state mandate of electric buses and the related costs with this requirement to be passed down to districts by our future transportation contractor, further increasing costs. The district needs to plan carefully both now and for the future for these increased costs.”

“Additionally, we expect our tax cap for the 2024-25 budget to be negative, which would yield a tax decrease and reduced revenue, and the board and I are not interested in asking our voters to override the tax cap, which would require a 60 percent approval of voters, as opposed to a simple majority,” he said. “Seeking a just over 1 percent levy increase for the 23-24 budget will provide revenue for both the current and future needs of the district.

During this week’s board meeting, Rozanski brought up the option of leaving one or more of the six buses in the budget or removing them. He cut out three to show the cost savings and explained their need to the district. They would be helpful to alleviate some overcrowding on the current buses and, as Smith said, reduce the amount of time that students are on buses to and from school.

Board member Jennifer Lendvay questioned the validity of buying the buses if there aren’t drivers available for them, as Rozanski also indicated. As with employee shortages elsewhere, drivers have been difficult to find as well, he said. There were six buses in the initial budget, and three have been cut out for a reduction of $281,268.

The group ended up voting to accept the budget, which will be presented during a public hearing at 6 p.m. May 8 in the Superintendent’s Conference Room at BHS, 260 State St., Batavia.  District residents will then be able to vote on the budget, three propositions, and two board candidate seats up for election from 11 a.m. to 9 p.m. May 16 at your designated polling site.

A 1 percent tax levy increase was made by cutting $427,746 from the preliminary levy of $20,316,737 through attrition of not replacing four retirements (saving $209,478) and the reduction of three bus purchases, for a total levy of $19,888,991.

Personnel expenses are to increase by $736,084 from last year to $20,845,750, and teacher support is to increase by $587,644 to $7,049,255. According to 2022 data, the average teacher salary is $61,263, plus benefits.

Total contractual costs (general support and teaching, operations/maintenance, interscholastic athletic) are slated to increase by $1 million, for a total of 5,481,864; debt service payments are going up by $781,547; and Rozanski also put 8 percent inflationary costs on the hook for overall increases. Total salaries for the district for 2023-24 are $27,894,975.

“So these 8 percent numbers are big numbers, but they’ve been pretty consistent,” he said. “We also had three to six STA extra buses in the first draft of the budget, to go back to pre-COVID levels where Jackson buses were just servicing Jackson students, and John Kennedy buses, John Kennedy students, all contingent upon their drivers being available. We’re still in trouble, we still struggle to find drivers, not only with STA but our other contractors. So this is an area that was looked at as a possible reduction. So we took out three buses and what's presented tonight, buses and monitors, each cost about $70-some thousand.”

The third proposition of the May vote is to establish a capital improvement reserve fund for the purpose of financing in whole or in part the “acquisition, construction, reconstruction, expansion, renovation, alteration, and improvement of building, facilities, sites and real property” by the district for not greater than $10 million.

“This budget also addresses smart and conservative financial planning for future capital construction and maintenance needs for all of our buildings, Smith said. “Finally, and most importantly, this budget preserves our academic and extra-curricular programs.”

File photo of Student Transportation of America, the bus company serving Batavia City School District, by Howard Owens.

Accident reported at North and Bank, Batavia

By Howard B. Owens

A two-car accident is reported at North Street and Bank Street, Batavia.

A police officer, first on scene, reports all occupants out of the vehicles and walking.

City Fire and Mercy EMS dispatched.

UPDATE 2:38 p.m.: No injuries.

Law and Order: Woman from Rochester with several prior bench warrants, arrested again

By Howard B. Owens

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Grand Jury Report: Man accused of possessing gun on school grounds in Batavia

By Howard B. Owens

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

BDC expands land portfolio for redevelopment

By Joanne Beck

Seven months after approving the acquisition of property between Tonawanda Creek and Evans Street, Batavia Development Corporation received the word it hoped for: yes.

A somewhat unusual sale, this one involved the Town of Batavia, which owned the 4.26-acre parcel tucked behind and alongside the McCarthy ice arena.

Batavia Town Board approved the sale of land this week, and agreed to sell it to BDC for $1. It falls under the name Creek Park LLC, which is a subdivision of BDC, and will be marketed for land development. That is, after the  unknowns are known, she said.

“First step after closing is to initiate the Phase II sampling, which is necessary for determining if there is a presence of any pollutants,” Hathaway said Wednesday. “Once results of the sampling are received, the BDC will have a pathway to whether the parcel is to be marketed as a Greenfield or a Brownfield; each offering different developer incentives.”

An example is Savarino Companies, which went through Creek Park LLC for its Ellicott Station housing project. BDC worked to get that project into a Brownfield development, which is identified as potentially needing remediation to remove toxic materials, and also comes with financial incentives for doing so.

As for the town property, the BDC has not yet closed on it.

“The conveyance was approved by the Town of Batavia and is currently in the Permissive Referendum period,” she said. “This period will expire on April 18; an anticipated closing is to follow as soon as can be scheduled.”

BDC uses the city of Batavia’s planning initiatives “as our roadmap,” Hathaway said, and one is the Brownfield Opportunity Area (BOA) study and program. Since the Creek Park area is vacant and underutilized, she said, the BOA has identified it as a “prime area” for redevelopment.

“The BOA program focuses on adaptive re-use of a site through environmental assessments, followed by clean-up efforts should the parcel be determined a Brownfield,” she said. “The Creek Park acquisition follows the mission of the BDC to encourage reuse of underutilized real estate.”

BDC voted to pursue purchasing the town property in August 2022.

Map provided by BDC.

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