batavia

Emergency Order #11-2020

I issue the following emergency order(s) for the period of May 27, 2020 through May 31, 2020. This order continues the following issued under Emergency Order #10, which was effective May 22, 2020.

Expect to see updates of this order as we receive changes to restrictions from the State of New York.

1. All public parks within the City limits of the City of Batavia, New York remain open to public use from 7 a.m. to dusk. During the times that public parks are open, State of New York declared restrictions on congregating will be observed. In addition, all playground areas, basketball courts, picnic pavilions, splash pads, and other park facilities that are used for activities that constitute congregating are closed to public use. (These do not include tennis and pickle ball courts.)

As a reminder to the public, City emergency orders are required to be reissued every five days. In addition, the City of Batavia has a separate document titled Local State of Emergency Proclamation that is required, lasting up to 30 days. 

An outline of the Phase One partial reopening is available here.

Martin D. Moore, Ph.D.

Manager, City of Batavia

A criminal mischief complaint was called into the Genesee County Emergency Dispatch Center a few minutes ago. A man who lives on Walnut Street in the city says his neighbor purposely cut down shrubs, which the complainant claims are his, and that this sort of thing is an ongoing problem. City police just arrived.

A scissor lift with a person inside has tipped over in the parking lot between the Tops mall and Batavia Downs.  

The location is a maintenance shop.

City fire and Mercy EMS dispatched. 

Mercy Flight on ground standby.

UPDATE 7:21 a.m.: The location was a maintenance area behind Batavia Downs. The patient was extricated and transported to Strong by Mercy EMS.

While it's not unusual for recently constructed sidewalks to buckle in the heat, the number of faults in the sidewalk along Cedar Street since it was installed in 2013 is unusual, said City of Batavia Public Works Director Matt Worth.

It's also unexplainable. 

Worth -- wasn't appointed public works director until after the project was completed  -- indicated a combination of factors could cause the buckling, including the spacing of the joints, the nature of the subsurface, and the chemistry of the cement.  

The buckling is caused by the cement expanding in the heat of the sun beating down on the pavement.

It's been an issue ever since the project was completed, Worth said. While there are as many as six buckle points along the path now, eventually, the issue will resolve itself as repairs are made and pressure is relieved on the cement.

There's nothing to suggest, Worth said, that the contractor who installed the sidewalks, shares any liability.

City crews will repair the broken sections, he said, at a fraction of the cost of hiring a contractor to do the work.

The middle of an economic lockdown may not seem like the ideal time to open a new restaurant but when it's something you were planning and dreaming about before a global pandemic was announced, that's what you do as soon as you can.

Gilliana's Diner, on Jackson Street, in the former location of Sylvania's, opened yesterday.

"We're super excited," said Jill Antinore, who owns the new eatery with her husband Mark.

Jill said they purchased the restaurant Feb. 1 then the global health emergency hit and the County Health Department wasn't issuing health permits. They had to wait until the Health Department was able to give them the OK to open.

Opened for breakfast and lunch -- except on Friday when they offer a dinner menu -- Jill described the diner as "a breakfast place with Italian specialties."

Available for takeout now are typical breakfast items, such as bacon and eggs, and items such as "The Godfather," which is egg, provolone, Italian sausage, sweet or hot peppers; and "Italian eggs in Purgatory," which is two eggs poached in homemade tomato sauce, with cannellini beans, peppers and onions.

The lunch menu includes tripe, homemade meatballs, agrodolce, and parmesan chicken wings.

Hours are Sunday, 7:30 a.m. to 3 p.m.; Monday, Tuesday, Thursday, and Saturday, 6 a.m. to 2 p.m., and Friday 6 a.m. to 2 p.m. and 5 to 8 p.m. The diner is closed on Wednesdays.

The phone number is (585) 201-7772.

City fire's Christine Marinaccio hands out masks to a family that stopped by the city's mask distribution point at the Fire Hall this afternoon. Councilman Bob Bialkowski, to her right, said the distribution started out with 100 cars lined up and there had been a steady stream of cars coming through the drive-thru distribution point.

The masks were acquired by Genesee County Emergency Management and provided to the city for distribution to residents.

More face coverings will be available to the general public Saturday from 11 a.m. to 1 p.m. at Police Headquarters on West Main Street.

City Manager Martin Moore.

Resident Greg Bruggman gets stocked up with masks and hand sanitizer. 

As the weather warms, several local restaurant owners, who have been operating under coronavirus lockdown conditions for two months, are looking to outdoor -- al fresco -- dining as a way to attract more customers while maintaining social distancing.

City Manager Martin Moore said he's interested in exploring the idea further. Currently, restaurants won't be able to reopen under the governor's plan for the post-lockdown economy until Phase Three. Moore said he would like to explore giving restaurants a way to serve more diners, besides curbside and delivery.

Several restaurants in Batavia -- Roman's, T.F. Brown's, Islands Hawaiian Grill, O'Lacy's Irish Pub, Center Street Smoke House, for example -- have patios. Settler's has a patio-like space in front of the restaurant and owner John Spyropoulous would like to put it to use. Main St. Pizza Co. has in the past offered seats and tables on the sidewalk and that might be an option for other locations, but with social distancing requirements, restaurants might be looking for more space.

That could mean adjoining or nearby city-owned parking lots or Jackson Square.

Moore said he would have to check with code enforcement about using city property for restaurant use.

Derek Geib, owner of Roman's, Bourbon and Burger Co., and The Coffee Press, is eager to offer outdoor dining. Roman's has an open patio and a patio with retractable windows. While Bourbon and Burger and The Coffee Press don't have patios -- though they can offer sidewalk dining -- both have easy access to Jackson Square. So do Eli Fish, Center Street and the newly opened Gilliana's, but Geib thinks all restaurants that want to participate should have access to diners in Jackson Square.

Matt Gray, the owner of Eli Fish, is also eager to see Jackson Square opened up to diners, with tables spaced at least six feet apart, of course. Gray also owns Alex's Place and he said if there was customer interest, he would explore creating a dining area in the restaurant's parking lot.

The rub for most restaurant owners, however, is the ability to serve alcohol, especially on city property. The would require both the state and the city to make allowances for alcohol service but the state did recognize the importance of alcohol sales to restaurants at the start of the lockdown. Restaurants are allowed to sell alcohol during the lockdown during curbside pickup and delivery.

Moore said if the state would allow it and there is no local law that prohibits it, he is open alcohol sales in Jackson Square or in a designated space in a city-owned parking lot.

“If they give us some kind of ability for our restaurants to have more customers, we’re definitely going to explore every angle to try and make that reality," Moore said.

On a statewide basis, the New York Restaurant Association is supporting outdoor dining and today issued this statement:

“As parts of the state have begun the reopening process and other regions are progressing towards that goal, the New York State Restaurant Association is urging the state to allow restaurants to reopen for outdoor dining during phase two. Just this week, outdoor dining was included in phase one in Connecticut’s reopening.

Additionally, we are formally asking for expanded outdoor dining capabilities, an emphasis on social distancing requirements over capacity limits, and allowing continued sales of alcohol to-go. Just about every restaurant in the state is teetering on the edge of financial hardship, and we need to do everything possible to keep them afloat.

“To do our part, NYSRA, our members, and all restaurants in the state will continue to follow stringent sanitation practices to ensure the safety of our patrons and staff. That’s the promise that we’re making to our guests, who we can’t wait to serve again.”

Press release:

U.S. Attorney James P. Kennedy, Jr. announced today that Guillermo Torres-Acevedo, 23, of Batavia, who was convicted of enticing a minor to travel to engage in criminal sexual activity, was sentenced to serve 84 months in prison (7 years) and 10 years supervised release by Chief U.S. District Judge Frank P. Geraci Jr.

Assistant U.S. Attorney Meghan A. Tokash, who handled the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with the victim, a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the victim from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The sentencing is the result of an investigation by the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert. 

Previously: Batavia man pleads guilty to rape in Amber Alert case

A Batavia Country Club today, Dave Barone, an avid golfer for nearly 60 years, sank his first hole-in-one.

The perfect shot came on the 178-yard 17th hole. Barone was swinging a 4 hybrid.

He finished the round at 79 strokes.  

In his foursome were Rod Allen, Johnny Lowe, and Doug Cecere.

Photo and info submitted by Doug Cecere.

Retired dispatcher, who started his career with Batavia Police Department 30 years ago today, was honored by members of the force for his service to the department and continued support of its mission.

Photos by Alecia Kaus/Video News Service.

Route information from Bill and Jeanne Freeman​:

Cruising for Mercy Flight is a car-cruise fundraiser that will be held on Sunday, June 7, escorted by Genesee County Sheriff's deputies.

Participants -- including classic automobile enthusiasts, hot rodders, vintage car owners, and people with way cool rides -- will assemble at the Genesee County Fairgrounds at 5056 E. Main St. Road (Route 5) in Batavia, and the procession will leave at approximately 1 p.m.

And this cavalcade surely must include thankful everyday operators who carry a valid license to drive in New York, have a vehicle that has adequate gasoline in the tank, is inspected, insured and runs.

They can all rally around Mercy Flight, a really good reason to enjoy some fresh air with people for a change, whether the weather cooperates or not weather weather permitting.

The Route

• From fairgrounds, turn left onto Route 5 westbound (about 1 p.m.);
• In Batavia, turn right on Route 98 north to Elba (1:15 p.m.)
• In Elba, turn right onto Route 262 going through Byron and into Bergen (1:35 p.m.);
• In Bergen, turn right onto Route 19 southbound through Le Roy (1:45 p.m.);
• Keep on Route 19 south to Pavilion (1:52 p.m.);
• Turn right on Route 63 westbound in Pavilion to go to junction of routes 63 & 20 (1:55 p.m.);
• Turn left onto Route 20 at Texaco Town (2 p.m.);
• Take Route 20 through Bethany and Alexander, to Route 77 westbound to Darien Center (2:15 p.m.);
• Take Route 77 northbound from Darien Center to Alabama (2:35 p.m.);
• Turn right on to Route 63 in Alabama and go to Oakfield (2:45 p.m.);
• Approximately 1 mile down the road, turn left onto Route 262 to Elba;
• In Elba turn right on to Route 98. This will take you back to Route 5 and also to the Batavia Exit on the Thruway.

THANK YOU FOR YOUR SUPPORT FOR MERCY FLIGHT!

We would like to thank the Genesee County Sheriff’s Office, especially Undersheriff Brad Mazur, the Genesee County Agricultural Society, and the Batavia and Le Roy police departments!

We certainly appreciate your support in being a part of this cruise. Be careful on your way home.

We sure hope to see everyone next month.

Stay Healthy and Be Safe,

Bill and Jeanne Freeman

UPDATE 12:28 p.m. May 21: A Mercy Flight Helicopter on a truck and trailer will be in the convoy, being held "in memory of all the former cruisers that have passed before us." A goodwill collection for Mercy Flight will be taken at the start of the event.

Here are the rules:

1. If you get out of your car you have to wear a mask.
2. If you do get out of your car be sure to practice social distancing.
3. If you bring a snack and a beverage with you, please take home any trash. 
4. CARRY IN AND CARRY OUT PLEASE!

Questions, call Jeanne Freeman at (585) 548-7197 before June 7.

Jason Smith shared this photo of a grosbeak that paid a visit to his backyard in Batavia today.

Alejandro Andreseaga Arteaga, 22, of Harvester Avenue, Batavia, is charged with: criminal possession of a controlled substance in the third-degree -- methamphetamine, with intent to sell, a Class B felony; criminal possession of a weapon in the third degree, a Class D felony; driving while ability impaired by drugs -- with a previous conviction, a Class E felony; criminal possession of a controlled substance in the seventh-degree (marijuana), a Class A misdemeanor; using a vehicle without a required interlock device, a violation. On May 18, following a traffic stop on Lake Street in the Village of Le Roy during which a firearm and narcotics were allegedly found, Arteaga was arrested. It is also alleged that he had an open container of alcohol in the vehicle at the time. He was arraigned in Genesee County Court and released to Genesee Justice. He is due back in court at 2 p.m. on July 1. The case was investigated by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Le Roy Police Sgt. Greg Kellogg.

Tyshon L. Taylor, 23, of Walnut Street, Batavia, is charged with: aggravated family offense; third-degree criminal mischief; endangering the welfare of a child; and third-degree menacing. Taylor was arrested May 15 on the charges that stem from a domestic incident at 4 p.m. on May 14 on Walnut Street. It is alleged that Taylor cracked the windshield of his girlfriend's vehicle during an argument while her child was in the vehicle. While being taken into custody, he reportedly stated that he had been quarantined and "began intentionally coughing at officers." He was processed at Batavia Police Headquarters, arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice. He was held at Genesee County Jail on a Parole Detainer Warrant. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger, Officer Peter Post and Officer Alec Roberts.

Jason A. McFollins, 42, of North Spruce Street, of Batavia, is charged with criminal mischief and second-degree harassment. McFollins was arrested at 5 a.m. on May 17 on Ellsworth Avenue, Batavia, following a domestic incident. It is alleged that he damaged property and struck another person during the incident. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Flanagan.

Kaitlyn M. Rector, 22, of Liberty Street, Batavia, is charged with second-degree harassment. Rector was arrested following an investigation into a domestic incident that occurred at 10:41 p.m. on May 16 on Liberty Street. It is alleged that she struck another person during the incident. She was arraigned in Batavia City Court and is due to return there on July 1. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Cronmiller.

Kelli E. Wallace, 57, of Swan Street, Batavia, is charged with endangering the welfare of a child. The defendant was arrested following the investigation into a physical altercation between two people under age 17 that occurred at 1:06 p.m. on May 8 on South Jackson Street in the City of Batavia. It is alleged that Wallace was present at the altercation and encouraged the physical altercation to occur. She was issued an appearance ticket and is due in Batavia City Court on June 23. The case was handled by Batavia Police Sgt. Dan Coffey.

Stephen Vance Recco, 29, of Vine Street, Batavia, is charged with fourth-degree criminal mischief -- intentionally damaging property. It is alleged that Recco intentionally smashed a laptop belonging to his roommate after a dispute at 10:45 a.m. on March 28 on Vine Street. He was processed at Batavia Police Headquarters, then issued an appearance ticket returnable to Batavia City Court on June 9. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Nicole McGinnis.

Matthew Jacob Reid, 26, of Buck Road, Warsaw, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance in the seventh degree, and moving from lane unsafely. Reid was arrested at 11:30 p.m. on May 16 on Telephone Road in Pavilion after a single motor-vehicle accident. It is alleged that he possessed a controlled substance at the time. Reid is due in Pavilion Town Court on June 9 to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

William George Silpoch, 46, of Ridge Road, Holley, is charged with driving while intoxicated and resisting arrest. He was arrested at 7 p.m. on May 14 on Sautell Road in Bergen after he allegedly drove a motor vehicle and then passed out in the vehicle in the driveway of a residence. He allegedly resisted arrest while being taken into custody by Sheriff's deputies. Silpoch was issued an appearance ticket returnable to Town of Bergen Court on July 8. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assistef by Deputy Erik Andre.

Tina M. Caracci, 49, of Hilltop Road, Rochester, is charged with driving while intoxicated and aggravated DWI -- with a BAC of .18 or higher. Caracci was arrested at Richmond Memorial Library, 220 Richmond Ave., Batavia, after a complaint. She was processed at Batavia Police Headquarters and released. She is due in Batavia City Court on June 3. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Kahel S.D. Suttles, 23, of Dodge Street, Buffalo, is charged with criminal possession of stolen property in the fifth degree and possession of burglar's tools. Suttles was arrested for allegedly taking items during a larceny at a store on Veterans Memorial Drive in Batavia at 5 p.m. on Feb. 23. The defendant was arrested at mile marker 397.6 on the Thruway and is scheduled to be arraigned in Town of Pembroke Court on June 23. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore and Deputy Kyle Krzemien.

Matthew C. Olcott, 41, Clinton Street Road, Batavia, was arrested on three bench warrants out of Batavia City Court following a traffic stop (location not disclosed) by the New York State Police and Genesee County Sheriff's deputies on May 13. He was arraigned in Alabama Town Court at 12:15 a.m. May 14 and released on his own recognizance. He is due to return to Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson.

Student photos and information from the Paolo Busti Cultural Foundation:

For the first time ever, the Paulo Busti Cultural Foundation has had to cancel its annual Scholarship Dinner and COVID-19 is the reason.

"It is with great sadness, that for the first time in our history, this event will be cancelled," said foundation board President Michele Fuller. "Italian’s are synonymous with family, generosity and love. These students are our family. The Board of Directors wanted to do something special for them during this tumultuous time. We cannot think of a better way of taking care of our young than to award each one with a monetary scholarship.

The students have met all the necessary requirements, according to Scholarship Chair Annette LaBarbera, who has worked diligently to file all their applications.

The six awardees will be featured in the foundation upcoming newsletter, and their accomplishments will be celebrated at their next event.

They are: Kiaya Marie Condidorio, Rhoori Adea Fix, Christopher Gualtieri, Isabella Marie Riner, Megan Elizabeth Smith and Jacob Torcello.

The Gautieri family is also awarding each student with a monetary scholarship. This is given annually, in honor of their late father, Vincent Gautieri, an avid supporter of the foundation, and proud of his Italian heritage.

"We hope the kids take this opportunity to reflect on the hardships, prejudice, poverty and loneliness their ancestors endured when they came to America," Fuller said. "Their sacrifices made it possible for them to live The American Dream. They prevailed and they will, too!”

"He is an incredible man and we look forward to showcasing his many accomplishments," Fuller said.

Responsibility, passion, courage and accountability are the values Kiaya demonstrates with strong Italian roots. Both sets of grandparents arrived to the United States shores from Italy and Sicily.

Kiaya has learned to balance her academics and sports to achieve the Honor Roll consistently. She played soccer, softball, and basketball during her high school years and will continue to play soccer in college. Kiaya said that playing sports helped her realize her strengths and weaknesses, and grew from these challenges. Kiaya was awarded Scholar Athlete in soccer and basketball.

Volunteering at the school sports concession stand, cleaning and organizing at the fire hall, working at the Knights Closet, teaching youth basketball camp, and school peer counselor has helped to be a better leader.

Rhoori’s goal is to achieve her bachelor of science degree in Nursing with a specialty in Obstetrics -- Labor and Delivery. This demonstrates her desire to apply integrity, leadership and caring to her goal. Rhoori will be attending Genesee Community College in the Fall in Health Studies.

She's a member of the National Honor Society, qualified for the National Art Honor Society, and a Public Relations officer of the National Art Honor Society. Rhoori was the communication liaison between students and teachers on society events and the recipient of the BHS Silver Award.

As an active member of Ascension Parish, she assists in various parish events, assisting as an instructor for the younger students in the Faith Formation classes, student tutor for the district’s Extended Year program, assistant teacher/mentor at Center Stage Dance Company, and a volunteer for Ricky Palermo Foundation.

Rhoori said she feels “caring for others, no matter what, is something that I grew up valuing on a day to day basis."

His great-grandparents arrived in the United States from Italy, Sicily and Capri and settled in our community. This has instilled in Christopher the importance of family.

His plan in the Fall is to attend Fredonia College, majoring in Computer Science, with a minor in Athletic Coaching. He will be participating in track.

During his years at Le Roy HS, he participated in indoor / outdoor track team, and cross-country and was the captain on all three teams.

He is a member of the National Junior Honor Society, National Honor Society, Design Club and Mock Trial.

Christopher appreciated the time he volunteered at Our Lady of Mercy Parish as an altar server, student volunteer for Religious Education, Vacation Bible School and fish fry dinners. At summer Camp Stella Maris, Christopher was a leader in training and counselor in training.

“I am a person of strong faith, a community giver, driven and dedicated to achieve my goals,” Christopher said.

Participating in extracurricular activities was a big part of her high school years. She received a Sportsmanship Award from the New York State Public High School Athletic Association; attended a World Leadership Conference; was a participant in the Hugh O'Brian Youth Leadershiop Foundation program and named an Air Force Scholarship Athlete.

Isabella was Class President, Student Council Officer, President of National Honor Society, participated in the Page Turners, Students Against Destructive Decisions, Student Athletic Association, and Masterminds.

Sports was also a part of Isabella’s High School years, participating in Soccer, Basketball and Tennis.

Volunteering contributed to Isabella qualifications, a Bell Ringer for The Salvation Army, waitressed for Byron Presbyterian Turkey Dinner Church, Brayden Day of Play, Christmas Craft Show, Halloween in the Park, Secret Santa, cleanup at the cemetery, and Friends of Strong.

Isabella has been accepted at University of Rochester majoring in Bio-Medical Sciences and Anthropology. Her ultimate goal is Pediatrics.

Isabella states ”I am a strong Italian-American, and I take everything my family worked towards and I will keep it close to my heart."

Megan will be attending Niagara University in the Fall majoring in Education, specializing in teaching English to speakers of other languages.

A member of Resurrection Parish, where she is a kindergarten and first-grade Faith Formation instructor. This opportunity brightens her day, reassuring Megan that the choice of teaching will fulfill her.

Megan's accomplishments include: membership in the National Honor Society; working in Student Government and serving as a Student Representative; and participating in Rochester Youth Broadway Theatre, where she received Tip of the Hat recognition for stage crew exhibits.

She also participated in JV soccer, JV track, and band.

Volunteering is also a part of Megan’s life, she assisted at the John Kennedy Primary School Pasta Night, Applebee's Pancake Breakfast, Meals on Wheels, BHS Stage Crew and Link Crew Leader.

"Without my family, I would not be the person I am today!" Megan said. "Now that is Italian!"

"Being a member of an Italian family encourages everyone to work together to keep it running," Jacob said, and he exemplifies this in his studies, volunteer services and sports.

He's a member of the National Honor Society and participated in indoor track and field, outdoor track and field, summer soccer, BHS soccer and cross-country.

Jake demonstrated his leadership as a team captain for indoor and outdoor track and field.

Jacob has volunteered for Team Literacy Extended Year program, Breakfast with Santa, Z-club, Spring cleanup at St. Joseph Cemetery and at the Bethany Presbyterian Church.

A member of Ascension Parish, Jacob has helped at fundraisers and Bingo.

Jacob said “that his family has taught him to trust and love them and himself and it will help to overcome any problems that comes his way!”

Jacob will be attending SUNY Brockport, majoring in Education.

A car vs. bicyclist accident with injuries is reported at the intersection of East Main Street and Clinton Street in the city. Batavia PD is on scene. Mercy medics and city fire are responding.

UPDATE: Non-life-threatening injuries; one person transported to UMMC.