batavia

Update 11:40 a.m. with media release from Acting City Manager Rachael Tabelski:

The City of Batavia Interim City Manager and Police Chief will move forward to assess the draft City of Batavia Deer Management Plan and will make recommendations to the City Council in the near feature (sic) regarding how the City could move forward to evaluate and reduce the deer population in the City of Batavia. The Interim Manager and Police Chief will look to review the plan amidst the current COVID-19 circumstances, City liability considerations, and best practices as put forth by the New York State Department of Environmental Conservation (DEC).

“The plan is a great start and we do not want to lose site (sic) of the City’s goals to evaluate and manage the deer population that is problematic to resident’s vegetation and quality of life,” said John Canale, City Council member, 3rd Ward, and liaison to the Deer Management Committee. “The City of Batavia would like to thank the members of the City of Batavia Deer Committee for their work.” 

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Update: 11:10 a.m. with Council Member Robert Bialkowski's comments:

"That was a surprise and I'm very sorry to see it happen. I've sat on a couple committees that all of a sudden were just disbanded, and it's a lot of work. It's bad, and I didn't expect it. Going forward, I suggest that we just set it aside for a little while and take a breath. Everybody calm down, and let's decide which way we want to go. I respect all the work that the committee did."

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In a meeting that lasted 33 seconds this morning, the City's Deer Management Plan Committee announced that it was resigning, effective immediately.

Committee spokesperson Russ Nephew, in a prepared statement, said:

"For the past month and a half, the committee members consisting of Sam (DiSalvo), Gus (Galliford), Fred (Gundell), Kent (Klotzbach) and I have been used, disrespected, lied to and lied about. In lieu of this, we are removing ourselves from the Deer Management Committee as of this moment."

To which Acting City Manager Rachael Tabelski replied “Thank you.”

The four committee members at the meeting at City Hall Council Chambers (Klotzbach was unable to attend) did not sit down as Nephew spoke, and left right away.

The Batavian reporter asked Tabelski and City Council President Eugene Jankowski Jr. if they wished to comment. Both declined.

Others at the meeting included Police Chief Shaun Heubusch, City Attorney George Van Nest and Council Member Robert Bialkowski.

Council Member John Canale, the committee liaison, was on his way up the stairs to the meeting when he was told what had transpired. He, too, said he did not wish to comment.

In recent days, the committee has publicly claimed that it has been kept out of the loop regarding changes in the plan.

Today's developments are unfortunate along all fronts as the committee met more than 30 times over the past eight months and even walked the areas identified as hunting zones in the plan that they developed.

And now the city is faced with challenges of how to implement the plan to reduce the deer population without the guidance of a committee initially charged with monitoring its progress over a three-year period. 

"We put in more than 300 hours," Galliford said afterward at Nephew's home on State Street. 

"Every page of that plan (which has 24 pages) we hashed over, argued about and researched, making numerous revisions along the way," Gundell added.

DiSalvo, an experienced hunter and trainer, said recent changes in the plan were made without committee input.

"This is beyond disappointing," DiSalvo said, calling a change that allows only city employees to hunt on two areas of primarily city-owned property "a slap in the face to the Genesee County Federation of Sportsmen," members of the 12 clubs who, according to the plan, are the first priority when it comes to selecting those deemed qualified to hunt.

DiSalvo said the decision to exclude the Sportsmen club members from those zones, which he said was made by Tabelski and Van Nest, "is descrimination by the book."

"This goes against everything in the plan," he said. "I have looked at plans from Syracuse to Buffalo and Lake Ontario to Pennsylvania and none of them have those restrictions. What they have done is create a hunting preserve for city employees."

Furthermore, DiSalvo contends that Tabelski asked him to write something detailing the procedure for selecting the hunters and their unit, which he did, but that information did not end up in the plan.

Nephew has been vocal about the lack of communication from city management since former City Manager Martin Moore departed in late June. He said he requested a full committee meeting with Tabelski a few days after she moved up from assistant city manager to acting city manager, but was rebuffed.

"Her exact words were 'I don't have time for that. I'll just deal with you,' " Nephew said. "She basically slammed the door in our face from the word go."

Gundell said if Moore was still involved, the outcome would have been different.

"If Mr. Moore was here today, we wouldn't be talking about this," he said. "He was at every meeting and he even went to sportsmen club meeting because he wanted to learn more about them and what they thought. This committee is defunct because our two leaders -- Moore and Russ -- are done."

Committee members also said they were betrayed by Jankowski, who, according to Nephew, "threatened to shut the committee down if we continued to go to the press."

As it currently stands, the plan has yet to be approved by City Council. The board, at Monday night's meeting, tabled it until September's Business meeting.

Previous story: Council, manager attempt to smooth things over with deer management plan committee

Press release:

New Cases – As of 2 p.m. 

• Genesee County received one new positive case of COVID-19.
  • The new positive case resides in Batavia.
  • The positive individual is in their 20s.
  • The individual was on mandatory quarantine prior to testing positive.
  • Zero of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Three new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the positive individuals are hospitalized.
     
• Orleans County received zero new positive cases of COVID-19.
• Five new individuals are on precautionary quarantine due to travel from restricted states.

Edward George Ruckdeschel, 58, of Liberty Street, Batavia, is charged with third-degree grand larceny, a Class D felony. The defendant was arrested after an investigation into the theft of a vehicle at 8:54 p.m. on Jan. 13 on Genesee Street in Pembroke. He was arraigned in Pembroke Town Court at 11 a.m. Aug. 11 and ordered held on cash bail (unspecified) and put in jail "where he is currently residing." He is due in Genesee County Court at a later date. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Edward George Ruckdeschel, 58, of Liberty Street, Batavia is charged with fourth-degree grand larceny, and third-degree criminal trespass. On Aug. 10, the defendant was arrested after an investigation into the theft of a vehicle at 1:05 a.m. on Dec. 10 from West Main Street Road in Batavia. He was released on an appearance ticket and is due in Town of Batavia Court on Sept. 24. The case was investigated by Genesee County Sheriff's Deputy Kevin Forsyth.

Brian L. Dutton, 62, of Pavilion, is charged with unlawfully growing cannabis (marijuana) and unlawful possession of marijuana in the second degree. He was arrested Aug. 12 following a joint investigation by the U.S. Border Patrol and the Wyoming County Sheriff's Office. A U.S. Border Patrol helicopter allegedly located cannabis growing inside a metal enclosure behind Dutton's residence on Aug. 7, and the pilot led deputies to the location. The plants, allegedly grown by Dutton, were seized and destroyed. Dutton was issued an appearance ticket and is due in Town of Covington Court on Aug. 31. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan, Deputy John Button, and Investigator Aaron Anderson.

An investigation has concluded that a residential fire at 13 Hutchins St. on July 4, 2019, was intentionally set but police do not yet have a suspect and are looking for information from the public that might help them solve the crime.

The fire was reported at 2:45 a.m.

At the time of the fire, all four apartments in the building were occupied. Residents on the second floor became trapped and needed to be rescued. One person sustained a serious injury.

The Batavia Police Department can be reached at (585) 345-6350; the confidential tip line at (585) 345-6370.

Previously: City PD assisting in investigation into Hutchins Street fire

If you drive down Ross Street past the Richmond Memorial Library, you are likely to spot a full and beautiful bed of flowers along the driveway leading to the library entrance.

The flowers -- lisianthus -- are a gift of Nancy Mortellaro, who started buying and donating the plants to the library's garden four years ago. Billy Truitt has volunteered each year to plant the flowers and help tend to them.

"I think they’re gorgeous," Mortellaro said. "They look like roses. They’re gorgeous and they last a long, long, long time in a vase."

Mortellaro buys the seedlings from Aaron Harrington Byron. She also grows them at her own house and at the community garden. The plants at the community garden can be used to replace any at the library that fail to flourish. 

Truitt said he doesn't remember the flowers producing as many blooms as this season.

Lisianthus grows as an annual in the Northeast but is a perennial on the Southern Plains and Northern Mexico, where it's known as Prairie gentian or Texas bluebell.

With the assistance of the Emergency Response Team and City fire, Batavia PD executed a search warrant this morning at a residence on Hutchins Place.

Chief Shawn Heubusch said Batavia PD will issue a press release this afternoon with more information about the situation.

Reader-submitted photo.

One person was transported to an area hospital for evaluation after a two-car accident on Lewiston Road in Batavia at about 5 p.m. today.

The preliminary investigation, according to Sgt. Andrew Hale, indicates a man driving a pickup southbound on Lewiston Road pulled to the side of the road and then attempted a U-turn. A car following the pickup truck hit the truck broadside.

The driver of the truck was transported by Mercy EMS for evaluation. The driver of the passenger vehicle was not injured.

A written accident report has not yet been released by the Sheriff's Office.

A driver leaving the Country Max store on Veterans Memorial Drive late this afternoon was looking one way while a bicyclist was coming from the opposite direction and then the driver pressed the gas peddle.

The car struck the bicycle. 

According to Sgt. Andrew Hale, the driver stopped the car, got out, and checked on the condition of the bicycle rider, as he's required to do by law. The rider was fine. The driver pulled a wad of cash from his wallet, Hale said, and handed the rider $200 and said, "this is for your bicycle." He then got into his car and drove off.

A caller reported a hit-and-run pedestrian accident and Town of Batavia fire was dispatched and a Mercy ambulance called but the rider was uninjured and everybody went quickly back into service.

Press release:

• Genesee County received two new positive cases of COVID-19.
  • The new positive cases reside in Batavia.
  • One of the positive individuals is in their 50s and one of the positive individuals is in their 80s.
  • Both of the individuals were on mandatory quarantine prior to testing positive.
  • Zero of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Fifteen new individuals are on precautionary quarantine due to travel from restricted states.
  • Two of the positive individuals are hospitalized.
     
• Orleans County received zero new positive cases of COVID-19.
  • Eight new individuals are on precautionary quarantine due to travel from restricted states.

A woman called the Genesee County Emergency Dispatch Center wanting to speak to a Batavia Police officer regarding her marital prospect, her promised one -- "her fiancé" -- and his "pickpocketing situation." The dispatcher relayed the message.

A deputy is responding to Kiwanis Park on West Main Street in Batavia to meet with a caller who claims he fell in "quicksand."

(Above, submitted photo of Dr. Nancy Ciavarri, chief medical officer, Oak Orchard Health, speaking with a patient.)

National Health Center Week (Aug. 9 – 15) is an annual celebration with the goal of raising awareness about the mission and accomplishments of America’s health centers over the past five decades. This year is extra special for Oak Orchard Health as they recognize this special week for the first time with their three new locations that were formerly part of Pembroke Family Medicine.

The mission of Community Health Centers remains vital today because access to basic care remains a challenge in parts of the United States including our community. Many people live in remote and underserved communities where there is a shortage of providers and, in many cases, the nearest doctor or hospital can be as far as a 50-mile drive – if transportation is available.

While COVID-19 continues to impair social and medical inequities across the country, Community Health Centers have stretched themselves to reconfigure services for those in need. As unemployment rates rise and more people lose their employee-sponsored health insurance, Community Health Centers have remained open to provide care for all, regardless of insurance status. 

“Community Health Centers are here to support the community," said Mary Ann Pettibon, CEO, Oak Orchard Health. "Our presence is even more important as people face high unemployment and employer-based healthcare decreases. Oak Orchard Health is able to serve all who need medical, dental, vision, or behavioral health services."

This year’s mission for Health Center Week is to thank our providers and staff along with our patients. Given we’re practicing social distancing, we’ll be using social media to communicate with patients on staying healthy during this time. 

Oak Orchard Health
Originally founded in 1966, Oak Orchard has grown from a migrant health project into an integrated health center with multiple locations providing health care services for everyone located in the communities we serve. Currently serving more than 30,000 patients at nine locations, Oak Orchard Health is a recognized patient-centered medical home and 501(c) nonprofit Federally Qualified Health Center (FQHC) located in the towns of Albion, Alexander, Batavia, Brockport, Corfu, Lyndonville, Hornell and Warsaw.

In the age of coronavirus, the YMCA has been carrying on with socially distanced summer camps. Kids are taught to use their "alligator arms" to ensure they're keeping their distance from other kids and there's ample sanitizer on hand.

This week, the kids competed in their Camper Cup, an Olympic-style event that culminated in a color run at the Notre Dame High School football field.

Shopping, schools, college and a straight shot to the 490. Call Lynn Bezon at Relaint Real Estate today (585) 344-HOME (4663). 29 Buell St., Batavia. Solid City home larger than you would think. Newer furnace and all windows upstairs just replaced. First-floor bedroom plus three really good size rooms upstairs all with closets.

Mechanically home is in great shape not a lot to do interior besides your own decorating. Rooms were just painted. Gas bill is $81 on a budget plan and electric average is $65. Home sits on awesome partially fenced in back yard with plenty of room to play. Large double-wide driveway for you and your guests -- affordable city home!

Click here to browse all of our properties in Genesee County! Call Lynn Bezon at Reliant Real Estate today (585) 344-HOME (4663).

Elon A. Seeger is indicted for the crime of attempted assault in the second degree, a Class E felony. It is alleged that on Dec. 15 in the Town of Bergen that, with intent to cause physical injury to another person, he engaged in conduct for which he is now indicted. He is accused of attempting to strike a deputy with his motor vehicle. In count two, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that on that day Seeger intentionally obstructed, impaired or perverted the administration of law or other government function, or prevented or attempted to prevent a public servant from performing an official duty. This was allegedly done by means of intimidation, physical force or interference or by means of any independently unlawful act: he ignored multiple police commands to turn off his vehicle and, instead, turned it toward the deputy -- almost striking him -- and then he fled the area at a high rate of speed. In count three, Seeger is accused of unlawful fleeing a police officer in the third degree, also a Class A misdemeanor. It is alleged in count three that while knowing he had been directed to stop, he instead attempted to flee at speeds of 25 mph or more. In count four, Seeger is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property -- a debit card.

Ronald P. Dixon Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Dec. 20 in the City of Batavia that Dixon drove a 2008 Kia on East Avenue while he was intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that Dixon drove the vehicle while under the influence of alcohol or a drug and while there were three or more suspensions imposed on him on at least three dates: Nov. 21, 2015; July 7 and July 22, 2016; and Aug. 18, 2017. These were for failure to answer, appear or pay a fine. In count three, Dixon is accused of second-degree harassment. It is alleged in count three that on Dec. 20 in the City of Batavia that with the intent to harass, annoy or alarm another person, Dixon subjected a person to physical contact. In count four, he is accused of the same crime involving a second person. In count five, Dixon is accused of first-degree attempted assault. It is alleged in count five that Dixon, with intent to cause serious physical injury to another person, attempted to cause such injury by means of a dangerous instrument -- a motor vehicle.

Stormy M. Watts is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Dec. 22 while at Walmart in the Town of Batavia that she knowingly possessed stolen property consisting of a Capital One Walmart credit card in the name of another person. In count two, Watts is accused of attempted petit larceny, a Class B misdemeanor, for allegedly attempting to steal property from another person valued at $27.72.

Family room leads outside to large vinyl deck overlooking pretty treed lot -- super pretty with the changing seasons. Super clean and modern kitchen with beautiful quartz countertops open shelving and extra large cupboards. Living/dining area is spacious yet super homey and chill -- this whole home is perfect for entertaining!

Bedrooms are large and both baths are gorgeously remodeled! Large dry basement perfect for all your storage needs. This is definitely a house you will want to come home to! Call Lynn Bezon at Relaint Real Estate today (585) 344-HOME (4663). Or click here for more information on this listing.

New Listing: 42 Redfield Parkway, Batavia -- Solid city home on great city street, located at the heart of all the shopping! This super-spacious three-bedroom home is move in ready, and right now the central air is a bonus along side the newer furnace hot water tank roof and siding! The big things have been taken care of leaving time for decorating the big rooms that all have closets and storage!

The home has a couple of bonus rooms starting with the awesome enclosed front porch which really can supplement the living space as an office or toy room or just for enjoying the nice evenings and early mornings! Off the dining room there is a cute room that could be great office space for those working at home these days, and last but not least is the attic which has been finished and could be great additional rec space -- there is a room for everybody!

The street of course is a Batavia classic to enjoy in all the seasons -- there is a lot of home here, come check it out! Call Lynn Bezon at Relaint Real Estate today (585) 344-HOME (4663). Or click here for more information on this listing.

Robin S. Brooks, 58, of Hutchins Place, Batavia, is charged with second-degree assault. The defendant was arrested after an investigation of an incident at 8 p.m. July 27 on Hutchins Place in which Brooks allegedly kicked a door shut on a female's hand, causing serious physical injury. Brooks was arraigned at 9:30 a.m. July 31 in Batavia City Court and jailed on $2,500 cash bail or $10,000 bond. Brooks was due to return to city court on Aug. 5. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Samuel Freeman.

David P. Grossman Sr., 37, of Maple Street, Batavia, (below left inset photo) is charged with second-degree harassment. He was arrested at 8:32 p.m. Aug. 3 on Maple Street after a harassment complaint that alleges he struck two different males during an altercation. He was arraigned in Batavia City Court and released with a return date of Aug. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Paul James Feitshans, 22, Siehl Road, Akron, is charged with: endangering the welfare of a child; harassment; and criminal obstruction of breathing. Feitshans was arrested at 5:59 p.m. Aug. 5 following the investigation of a disturbance on Coe Avenue in the Village of Oakfield. He allegedly struck a person and obstructed their breathing while in the presence of a child. He was arraigned in Genesee County Court and released on his own recognizance. He is due in court at a later date (unspecified). The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Mathew Clor.

Isaac J. Floyd Jr., 56, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree, menacing in the second degree, and obstruction of governmental administration in the second degree. Floyd was arrested after an investigation into a disturbance that occurred at 7:07 p.m. July 26 on State Street. He was arraigned in Batavia City Court and put in jail (bail status not provided). He is due back in court Aug. 27. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

William J. Hixenbaugh, 30, of School Street, Batavia, is charged with criminal mischief in the fourth degree and criminal contempt in the second degree. He was arrested Aug. 1 after an investigation of a domestic incident July 29 on School Street. It is alleged he damaged another person's property. He was released with an appearance ticket and is due in Batavia City Court on Nov. 3. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Janice Lynn McGuire, 46, of Galloway Road, Batavia, is charged with: driving while intoxicated, first offense; operating a motor vehicle while having a BAC of .08 percent or more, first offense; speed not reasonable under special hazard; moving from lane unsafely; consumption of alcohol in a motor vehicle on a highway; and failure to notify the DMV of an address change within 10 days. After a personal injury accident on Cleveland Road in Pembroke at 9:28 p.m. on Aug. 5, McGuire was arrested for allegedly driving while intoxicated. She was released with appearance tickets and is due in Pembroke Town Court on Sept. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Matthew Clor.

In honor of the retirement of Jay Gsell's retirement as county manager, the Batavia Rotary Club -- he's a member -- has purchased yard signs and they've been distributed around the city.

Gsell will be guest on a special hour-long segment of WBTA's Main and Center tomorrow morning (Thursday), from 9 to 10 a.m.

Press release:

U.S. Attorney James P. Kennedy Jr. announced today that Daryl Sumeriski, 52, of Batavia, who was convicted of possession of child pornography, was sentenced to serve 60 months -- a total of five years -- in prison by U.S. District Judge Elizabeth A. Wolford.

Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that Sumeriski was residing in a halfway house in Bath, when fellow residents expressed concern about certain images they observed on the defendant’s cell phone and alerted authorities.

As a result, a search warrant was executed and investigators found more than 3,000 images of child pornography on Sumeriski’s phone. Some of the images depicted the violent abuse of infants and toddlers.

The sentencing is the result of an investigation by the Department of Homeland Security, under the direction of Special Agent-in-Charge Kevin Kelly.