batavia

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Long, a mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

A Batavia couple wanting to provide a cheaper alternative for garbage services is also living the American dream of becoming entrepreneurs with a future path for their family, they say.

Joey Raziano and Bre Downs have set an ambitious course for themselves while they each are pursuing an educational goal — a nursing degree for her and a commercial driving license certification for him — they are establishing themselves as RRR Waste Removal Services with a seven-day-a-week business.

“It’s a side gig for now,” Downs said. “A goal is that it’s something to pass down to our kids when Joey and I are married … and to be able to help others and to actually give people the life that they want and not have to give money to garbage companies.”

Raziano added that “we actually care for our customers,” and one indication is that they let their customers choose which days they want garbage pickup rather than dictate when it’s going to happen. They also cited low monthly rates compared to their competitors.

They provide everything from a weekly garbage and recycling pickup to a monthly pickup service, a one-time garbage and junk removal, a moving and clean-out service, and bulk pick-ups of items such as couches, beds and stoves, with no extra mileage fees to the regular costs.

Their territory is expansive, covering Genesee, Orleans, and Wyoming counties, the border of Erie County, and they’re considering a portion of Livingston County as well, Downs said. 

“A lot of customers are switching from other companies for weekly trash pickup,” she said. “We’re getting calls all the time.”

They can accommodate their current list of 100 customers with a pickup truck and two trailers and are making plans for when and if they will need to expand for a growing clientele. As that happens, they expect to hire more employees, Raziano said.

Downs has applied for an LLC, so the business is a limited liability company.

“And we now have an online contract system instead of paper contracts,” she said.

While the field of nursing may not seem to have much in common with waste removal, there’s s strong connection for Downs, she said. Her mom has been a certified nursing assistant for 28 years, and Downs has watched that type of care and compassion all of her life, she said. 

Raziano, 24, emphasized that “we actually care for our customers.”

"We treat customers like a family and not a number," he said.

“We care for other people first,” Downs said, explaining her hectic schedule. “I’m a go-getter. It’s nerve-wracking, but it’s worth it in the end, it’s helping small families in the end.”

They have previously been involved in the business with former partners and have been operating their own company for the last six months. They consider it to be an investment in their future as Downs, 22, prepares to graduate nursing school in September, and they look forward to their wedding in August 2025.

For more information, call the office number at 585-813-4026 or go HERE. 

Press Release: 

Richmond Memorial Library is pleased to partner with volunteers from the New York State Department of Tax and Finance to offer income-eligible citizens assistance with filing their taxes online this tax season.

Tax Department employees will walk you through your income tax returns, step-by-step, as you complete and e-file your tax return for free.

• If you earned $79,000 or less in 2023, you qualify.
• Safe and secure online tax software.
• Use on-site computers, or your own laptop, tablet, or mobile device.
• You only need basic computer skills and an active email account.

Sessions will be offered on Thursdays in February, March and April:

• Feb. 1
• Feb. 8
• Feb. 15
• Feb. 22
• Feb. 29
• March 7
• March 14
• March 21
• March 28
• April 4
• April 11 

Appointment slots are 9:30 a.m., 11 a.m., 1 p.m. and 2:30 p.m. 

Those interested must schedule an appointment. For more information or to make an appointment, contact the library at 585-343-9550 x3, or visit the reference desk Richmond Memorial Library is located at 19 Ross Street in the City of Batavia. Find the library online at batavialibrary.org.

Press Release:

The Genesee County Health Department will be hosting its first rabies immunization clinic of the year at no charge to participants on Thursday, Feb. 8 from 4 - 6 p.m. at the Batavia Town Highway Garage (3833 West Main Street Road, Batavia). 

Vaccinations are free for dogs, cats, and ferrets, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal. Limit 4 pets per person maximum.

“We encourage all residents to take advantage of our first rabies immunization clinic of 2024 and ensure their pets are protected against rabies,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health).

“Rabies continues to be a serious public health concern in Genesee and Orleans Counties and is a preventable viral disease most often transmitted through the bite of a rabid animal. Please leave wildlife alone and do not feed, touch, or adopt wild animals, stray dogs, or cats.”

The next rabies immunization clinics are as follows: 

Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia)

• Thursday, May 16 from 4 - 7 p.m.
• Thursday, Aug. 8 from 4 - 7 p.m.
• Thursday, Oct. 10 from 4 - 6 p.m.

Orleans County Clinics at the Orleans County Fairgrounds (12690 State Route 31, Albion)

• Saturday, April 13 from 9 - 11:30 a.m.
• Wednesday, June 5 from 4 - 6:30 p.m.
• Saturday, Aug. 10 from 9 - 11:30 a.m.
• Saturday, Oct. 19 from 9 - 11:30 a.m.

For more information on GO Health’s programs and services, visit GOHealthNY.org. You can also contact the health department at:

• Genesee County 585-344-2580 x5555 or Health@co.genesee.ny.us
• Orleans County 585-589-3278 or OCPublicHealth@orleanscountyny.gov

The Batavia City Schools' board approved five-year contracts Monday with Student Transportation of America for transportation from home to school, field and sports trips and during the summer worth more than $11 million that will be part of this year’s budget vote in May.

Business Administrator Andrew Lang explained, in a memo to the board, that the district engaged in a bid process this past November to procure student transportation services for the next five years. Prior to this, he said, the district had extended a previously awarded contract with STA for a period of five years. 

The bid process included a detailed specification outlining the district’s transportation program and current transportation needs. The bid included five separate contracts for home-to-school, special needs and homeless, field and sports trips, summer special needs and homeless, and summer home-to-school.

There was only one bid, which came from STA, and only for three contracts of home-to-school, field and sports trips, and summer home-to-school, Lang said. 

“As this is a multi-year contract, voter approval is required,” he said. “This is done by noting the estimated five-year contract cost in the 2024-25 public budget document.”

He recommended that the board award the bids to STA for the designated amounts as follows:

• Home-to-school transportation for a total five-year cost, including bus monitor/attendant, of $8,438,451.10. Rates range from up to three hours at $360 in this school year up to $437.58 in 2028-29, and $386.45 for four hours plus $74.28 per hour after that, up to $469.73 plus $90.29.
• Field and sports trip transportation for a total five-year cost, plus bus monitor, for $2,099,470.78. Driving rates are $98 for this school year, up to $119.12 in 2028-29 for in-district, plus an extra cost of $1.58 per mile this year, up to $1.92 in 2028-29 for out-of-district trips.
• Summer home-to-school and bus monitor/attendant total five-year cost of $607,982.44. Prices are the same as regular home-to-school until after four hours, when rates change to $405.02 for 4.5 hours for 2024-25 up to $492.30 in 2028-29 and $423.59 for five hours up to $514.88, with $74.28 per hour after that, up to $90.29 during the fifth year of the contract.
• Bus monitor/attendant rates are the same for all contracts, at $34.93 per hour in 2024-25 up to $42.46 in 2028-29.

The board approved a motion as part of the consent agenda during Monday’s Board of Education meeting.

The contract runs from the 2024-25 school year through 2028-29.

Press Release:

The Board of Assessment Review currently has one position to fill. The term is a five-year term and will expire on September 2028. The Batavia City Council is seeking a City resident who is interested in volunteering as a member of this committee and has knowledge of property values.

Residents interested in applying for this position can obtain a Committee/Board Volunteer Application from either the City Clerk’s Office or on the website at www.batavianewyork.com, Find It Fast. The deadline to submit applications to the City Clerk’s Office is April 22. 

For further information, please contact the City Bureau of Assessment at 345-6301. 

Batavia PD has issued another call for public assistance in locating Nathan L. Royse, who has been on the police department's wanted list since late August.

Crime Stoppers WNY is offering a reward of up to $2,500 for information leading to the arrest of Royse.

Royce is wanted on a charge of criminal possession of a weapon in the third degree.  Police warn he should be considered armed and dangerous.

He is also wanted on a parole warrant.

Anyone with information is asked to call Crime Stoppers at 716-867-6161 

If you’re a city employee in certain departments, it pays to be physically fit —- literally. 

Members of the International Association of Fire Fighters will have that option as part of a contract agreement approved by City Council Monday evening. 

Over the past several months, the city and union representatives have been negotiating terms for a new agreement. On December 29, 2023, a tentative agreement was reached with the IAFF union. It will be a five-year agreement, a salary increase of 3 percent for three years, 2.65 percent for years four and five, an increase in the health care premium to 32.5 percent,” City Manager Rachael Tabelski said during council’s conference session at City Hall. “IAFF members will now participate in the annual physical fitness incentive program. The holiday of Juneteenth is added as a paid holiday. Some of you may know that police and fire don't actually get holidays, however, they get holiday pay for those holidays because they work 24/7. We added two additional longevity payments for years five and years 15, a one-time payment of $500 to each member from the ARPA, a $500 signing bonus for each member, and other miscellaneous language changes.”

Those $500 payments will be coming from the American Rescue Plan Act that came out of the pandemic to help restore municipal losses and was passed down from federal funds. Longevity payments of $500 for five years and $900 for 15 years were added. 

Councilman Bob Bialkowski asked about the physical fitness payment.

If they pass and meet all of the required qualifications of the test, based on measurements such as running, push-ups, sit-ups, and meeting certain milestones per age and gender, firefighters are paid $855, Human Resources Director Rebecca McGee said. Members of the city police department have this same option as well, she said.

“I'm really actually excited about the physical fitness incentive because if you've ever been to a fire scene, they climb ladders, they pull very heavy hoses, they use axes, and the more physically fit you are, the less workers comp injuries we're going to have and the more we'll save in the long run,” Tabelski said.

Bialkowski wanted to clarify that the raises were concurrent, meaning that they would be on top of one another each year, and Tabelski confirmed that “they’re no different than any other contract,” as once employees receive a raise to their base pay, then that becomes their base pay for the next year, and so on. 

The cost of the contract is $490,272, she said.

Council also approved a contract with the American Federation of State, County and Municipal Employees union that, as with the IAFF, will expire on March 31, 2024. The city and AFSCME came to a tentative agreement on Dec. 7, and the union membership ratified the terms on Jan. 11, Tabelski said.

The four-year agreement includes a 3.5 percent salary increase for the first three years, followed by a 2 percent increase in year four. The healthcare premium will increase between 30 and 35 percent, and there will be a shift change of four 10-hour days during the summer, from June to August, similar to how Genesee County employees operate, she said.

Additional perks include an additional floating holiday, pay for additional licenses acquired, such as for a commercial driver’s license or handling pesticides, a tool allowance increase of up to $1,000, and a $500 bonus payment per employee.

“So not everyone will have these licenses, it's up to the department head. But when we do have these licenses, it actually saves the city money in the long run, especially the pesticide license, because you can not apply pesticide without a license in New York State,” she said.

There are other benefits to having employees licensed for pesticide use, Public Works Director Brett Frank said. That would give the city better and more effective control over invaders such as weeds.

“We know we'd be looking more weed control that we currently outsource for a considerable amount per year, and take control of that as opposed to having a company come in, and basically be on a gator and kind of spray everything,” Frank said. “We could have somebody that could take ownership of it, we think we could do a better job overall and save money in the long run … we also know we could get a much better product by our employees taking care of that and having that license.” 

The cost of this four-year contract is approximately $323,522, Tabelski said. 

She may be a bit biased, but City Manager Rachael Tabelski has confidence in the level of Batavia’s bang for its buck.

She compared the city’s proposed property tax rate of $8.96 to other cities — one of the lowest is Canandaigua at $7.67, North Tonawanda at $15.13, Geneva at $17.25, Dunkirk is $18.12, Jamestown is at $23.60 —  during the first collective budget session of the year Monday.

“So it's my opinion Batavia does extremely well, holding the tax rate to a low level while trying to find innovative ways to provide services that residents want,” she said. “And I feel like Council always gets hammered for ‘too much taxes, too much taxes.’ But we're only taking a quarter of those taxes. And where every single city resident utilizes our services, not every resident may utilize services of the school.”

She introduced a slide during her presentation that compared a breakdown of the city’s 25 percent representation of local taxes for benefits that “all city residents enjoy,” versus the city school district’s 52 percent of taxes that only some city residents enjoy the benefits of.

“The school taxes are a disgrace, it’s a joke,” Councilman Paul Viele said. 

City general fund budget expenses go toward tangible outcomes, those things that citizens look for, such as street and sidewalk improvements, police and fire protection, public works maintenance of roads (snowplowing in winter, picking up leaves in the fall), summer parks programs and paved parking lots. 

Expenses also include Workers Comp costs, which have an $86,000 increase this next year, insurance and retirement payments, reserve savings, purchase of two marked police vehicles at a total cost of $130,000 from reserves, software, personnel salaries and benefits — typically the largest portion of a budget — building repairs and maintenance, and future projects, such as repair of the Main St. 56 Theater roof at City Centre, which is earmarked for a $310,000 use of reserve funds. 

As Assistant City Manager Erik Fix sees it, residents —- or, more specifically, property owners — get all of those things for the price of “a cup of coffee a day.” The property tax rate is slated to increase by two pennies per $1,000 assessed value, or $2 a year for a home assessed at $100,000. (See previous budget story HERE.)

City Council has options, however, Tabelski said, pointing to another slide that shows the levy of $6,710,000 and total assessment of $748,497 currently for the $8.96, and scenarios for how the rate would change if the levy or future assessments were increased. 

The decision was made in July not to increase this year’s assessment, Tabelski said, but if it was raised in the future, say, up to $800,000 while the levy also was raised to $7,168,000, and the tax rate remained the same, the city could increase services by $450,000, she said. 

The other side of that would be true: if the levy remained the same and the assessment went up, the tax rate would decrease to $8.38, and services would also remain flat, she said.

All of the options were talking points to demonstrate how levy, assessment and tax rate are related, she said. None of them were actual proposals outside of what she has already proposed: a $6.7 million levy and an $8.96 tax rate that keeps services status quo.

 “As you know, we hear from residents about cutting. And when we go through some of the statistics about our city growing and the reduction in poverty we have in our city, we're actually doing quite well. And with that comes more services wanted by residents, needed by residents, and it strained all of our departments and our resources,” she said. “So this year, while I did only ask for departments to come in with 2 percent increases in their entire budget, I did have them put together a list of items that aren't being funded so that council has a full picture of things that we probably do need to address in the future. And my hope is through this process, and through the revenue workgroup, we'll find solutions to address these items.”

The city’s population, contrary to once predicted to shrink in size, increased from 2010 to 2020 from 15,464 to 15,600, she said. And there are people uncounted in that total, meaning an even higher population, she said. 

“Many, many people want to live in the city of Batavia. Houses that are on the market between $150,000 and $190,000 sell in less than 23 days. All houses in our market, which is still very hot right now, typically sell within 47 days,” Tabelski said. 

What are people looking for, and why in Batavia?

“I think it's always good to think about our mission, why we're here for the residents of our city, what we want the city to be. I want the city to be a safe place, a family-friendly place where I'm comfortable walking down the streets with my kids, any hour, night and day. I do not want to live in a city as large and maybe as unsafe as Rochester or Buffalo,” Tabelski said. “And I feel very fortunate to be here, to be selected as your manager, to be able to try to continue to implement safety measures for our city. I want our neighborhoods to thrive. I want good neighborhoods and community participation. We've had more volunteers for our boards in the last year or so than we've had in a very long time. And I think it's a good sign that there still are people interested in government.”

Current projects being designed are the ice rink chiller, the Bank Streetscape, Cohocton/Walnut Water main, Maple and Mill sanitary sewer, Pearl Street water main, wastewater treatment plant pond sludge removal, various street and sidewalk upgrades, paving of the Bureau of Maintenance parking lot, resurfacing courts at Kibbe Park for pickleball, replacing the playground at Austin Park and distributing a $350,000 housing grant for single family home rehabilitations, capital project and flood program planning and zoning ordinance updates.

The list of work always coincides with an ability to pay for it, she said. 

“We're finishing up projects at the fire station and BOM facility project. Any council member that would like to tour to see the improvements that were made, that started out as a $1.1 million project, and through COVID and inflationary prices, I believe it rose to $1.76 million. Overall, we had to use ARPA money for that project. And we still haven't finished major improvements at the BOM facility. They're still on this sheet of things that did not make the budget or the capital plan. There are still windows, office replacement, bathrooms, HVAC, air handlers, and doors,” she said. “So again, it's always a struggle to find the revenue to pay for these projects and to keep our facilities updated and running appropriately.” 

As for a source of potential revenue, Tabelski raised the issue of asking property owners who make payments in lieu of taxes to pay a fire and police fee. Towns do that, she said, but the city has not been able to since tax-exempt properties pay no property taxes, which include city services. 

It’s “definitely something we would like to look into,” she said. 

Press Release:

Join in to celebrate Matthew’s birthday and bring a “Plus One” with you to give blood and help patients in need celebrate more birthdays with their loved ones. The event includes a t-shirt sale and basket raffle with all proceeds for the Matthew Kota Scholarship Fund for students at Notre Dame High School and Byron-Bergen Jr./ Sr. High School. 

At a very young age, Matthew Kota, of Byron, knew exactly what he wanted to be when he grew up - a doctor. But sadly, his dreams were cut short. In memory of Matthew for his birthday, the Batavia community and surrounding areas are encouraged to give the gift of life and donate blood at the largest annual American Red Cross blood drive in Genesee County on Saturday, Jan. 27, at Northgate Church South Campus in Batavia. 

“Matthew never waited for anything to happen, he made things happen,” said Jason Kota, Matthew’s father. “He was truly one of a kind and I’ve yet to meet anyone else on this earth like him.” Matthew, the eldest of four children, was just 17 years old when he passed away in 2008 from complications of brain surgery.

Matthew enjoyed the outdoors and had a smile that would light up a room, but it was his humanitarian spirit that friends and family say was contagious. Matthew had a desire to help people, and that’s one of the reasons why he became a blood donor and volunteered with the Red Cross. He had hoped to join the Gallon Donor Club and even though he did not achieve that goal, his family and friends are now carrying out his wishes by holding blood drives in his memory. He was posthumously awarded the 10-gallon milestone from donors on his behalf in 2021. “Matthew was our son, a friend, leader and now our Angel,” Jason Kota said. 

Family and friends say hosting this blood drive is a unique way to memorialize what Matthew stood for - helping others. They are now giving back by turning their heartbreak into hope for other families in need. At this point, the Kota family has now collected 906 units - and counting - in their 15 years of hosting the blood drive. 

How to Sign Up

Schedule your appointment by visiting RedCrossBlood.org and entering the sponsor code bataviany or zipcode 14020.  Walk-ins are welcome around appointments. 

 Donate at the 16th Matthew Kota Memorial Blood Drive on Saturday, Jan. 27 from 8 a.m. to 2 p.m. at Northgate Church South Campus – Community Room located at 350 Bank St. Batavia.

A tentative budget of $37 million calls for a 2-cent tax rate increase plus a 19-cent per 1,000 gallons water rate increase according to City Manager Rachael Tabelski’s proposed plan for 2024.

Tabelski laid out her estimated plan as part of a City Council agenda for this week, also keeping in mind that at least five budget workshops are scheduled to discuss city department wish lists and priorities before council votes on a final budget in February. 

The council conference session is set for 7 p.m. Monday at City Hall, to be followed by a business meeting and the first budget workshop of the season. 

There is time allotted for public comments at the beginning of the conference meeting. 

The proposed property tax levy of $6,710,000 would be an increase of $110,000 and mean a property tax rate of $8.96 per $1,000 assessed value, Tabelski said in a memo to council. The $37 million total budget includes $1.37 million for street and sidewalk improvements and $1.13 million for vehicles, buildings and parking lots/sport court resurfacing, she said.

The sewer rate would remain the same, though the water rate is proposed to go up by 19 cents, to $6.46, per 1,000 gallons, she said. Tabelski estimates that to be a tab of $149 per quarter for a family of four per quarter, or about $600 a year. The two-cent property tax increase would add $2 a year to a home assessed at $100,000. 

This budget relies on $275,000 from the Water Fund and another $275,000 of unassigned fund balance, she said, and does not include any video lottery terminal aid or retirement reserves for the city’s annual retirement payment.

There are staffing and core services included in the budget, such as:

• A confidential secretary position or the police department; 
• Funding for another Neighborhood Enforcement Team officer that was added in July of 2023-24;
• Funding for a police officer position that was frozen during the pandemic;
• An additional firefighter position per a contract agreement executed in 2019; 
• Maintaining the full-time positions of parking and recycling officer; and
• Maintaining the full-time ordinance enforcement officer that was included in last year’s budget.

People began to nudge Greg Van Dussen in the direction of penning a book while he was writing book reviews and articles, but it wasn’t until he retired as a Methodist minister that he began to take them up on it.

“The minute I retired, in 2011, I started writing my first book — Richard Beatty saw me writing notes furiously on napkins — at (the former Coffee Culture) in Batavia,” Van Dussen said during an interview with The Batavian at his town of Batavia home. “One of the results of these books is the parishioners have said they feel like it’s helped them get in touch with their spiritual roots. That feels very fulfilling. My editor has said no one else is doing this kind of writing.”

His third in a trilogy series of “Circuit Rider Devotions,” has just come out, and they are part of several books on the same topic authored by D. Gregory Van Dussen, the long version, though his friends call him Greg. 

So what drove him to write not one but three voluminous tomes, each approaching 800 pages, about assorted characters from Methodist upbringings traveling to initiate the denomination’s movement across North America?

“I’ve been really fanatically interested in the subject, it was about early Methodist preachers. For my whole adult life, I've been collecting books. So I've got antique books all over the house, biographies, autobiographies, that sort of thing, hymn books. But what really got me into this was, a few years ago, I was asked to teach a workshop in Buffalo on this subject, and it was very well received. And as I was going home, I wondered if anybody would be interested in a book of devotions based on the lives of these people,” he said. “So I contacted four publishers, and they all turned the idea down. And the final one was accepted enthusiastically. And they've been printing all my books since.”

A native of the Rochester area with roots in the suburbs, including Brighton and Spencerport, Van Dussen has had to pick up and move many times as a minister of 39 years, landing in Batavia three separate times, currently living in the east part of town with wife Jackie. He has also been district superintendent for the 54 regional churches and has been an adjunct professor of worship and Celtic spirituality at Roberts Wesleyan and Irish and American history at Brockport State College.

A rather prolific writer, the 76-year-old has completed seven books with plans for more, even if it means obtaining help through Parkinson’s, a diagnosis he received in 2021.

Any outsider paying attention to the trials of circuit riders — bands of preachers traveling around in the crudest of conditions in the early pioneer days braving the elements of weather, poverty, their fellow man, wild animals and disease — can’t help but see a hint of similarity in the author’s own struggle with an illness that he admits has tested his spirits.

He was assisted with Volume 3 of “Circuit Rider Devotions” by a friend and editor, Duane W. Priset. He is receiving physical, occupational, and voice therapies, enduring time spent at home versus going out into the community in his usual affable way and traveling right now. But as any true circuit rider would have testified, Van Dussen is carrying forth his mission.

“I felt there was a message to get out,” he said. “It’s fulfilling a purpose in my life.”

In the foreword, Priset says that Van Dussen brings the reader “head-to-head and heart-to-heart” with widely-known and lesser-known evangelists, pioneer preachers and their spouses, local pastors, lifelong learners, founders, journalists, editors, bishops, university presidents, theologians, hymnists, and missionaries who, in diverse ways and settings, “refreshed the lives of the people throughout the vast and developing countryside of early North America.”

There are 366 entries, many of them about women — a fact that Van Dussen thought may surprise people, especially given the rough and tumble existence of a circuit rider. But women braved the adversities for Jesus Christ just as much as men did, he said. 

There was Julia A.J. Foote, for example, who was not only a woman but an African American, which added another layer of danger and complexity to her task. As with each entry, this one begins with a piece of scripture: "In peace, I will lie down and sleep, for you alone, Lord, make me dwell in safety.” Psalm 4:8.

Van Dussen explains that some people encouraged Foote “on the road of discovery and growth,” as others who often unknowingly sought to block her journey. One group seemed to hold her back, yet, ultimately made her stronger while the other pulled her forward, supplying her with a vision of what God could accomplish through her, he said. 

At one point, she shared her first attempts.

“To the glory of God, some did believe and were saved, but many were too wise to be taught by a child — too good to be made better. From this time, many, who had been my warmest friends, and seemed to think me a Christian, turned against me, saying I didn’t know what I was talking about — that there was no such thing as sanctification and holiness in this life — and that the devil had deluded me into self-righteousness. Many of them fought holiness with more zeal and vigor than they did sin.”

Anyone who has enjoyed a “mountain top” encounter with God knows how difficult it can be to relate to someone who has not experienced that, Van Dussen writes. Add to that the understandable incredulity so many have regarding a radical transformation of character, and the skepticism that surfaces when someone young speaks words of wisdom, and you can see what this young woman was up against.”

“Yet when we look at relevant scriptures and read the faith and wisdom in her words, we also can feel the power of her testimony, and rejoice with her,” he writes. 

That passage ends with a small prayer in a soothing, formulaic set-up for each entry. 

Lord, take away from me both undue skepticism and gullibility as I hear people use words to convey that which is beyond words. Keep before me the truth in scripture and the teaching of your spirit, and grant me your life-giving wisdom as I seek to understand and teach in your church and anywhere else you lead me. Let me read in you, and bring peace wherever I go.

And one by one, stories are told, messages shared, prayers recited and scriptures put to practical use through the real lives of people like Julia Foote.  Van Dussen set it up that way to be “manageable chunks" of about a page or page and a half long.

“So that makes it easy for people to get into,” he said. “And I could dig out some of the most interesting parts of what they wrote or what they did, without trying to write full-scale biographies. This book is between the different groups of Methodists. So you might have a Free Methodist, Wesleyan and African Methodist, Episcopal, Canadian residents, whatever, and in the big Methodist church here, and might think they’re all separate and distinct, but they’re also very similar. So this tends to bring the family together, so to speak.”

Those riders would travel 20 miles per day for six to eight weeks at a time in one-year blocks across Canada and the United States, spreading a message, recruiting folks, and opening up Methodist churches. The system was “painfully difficult at times, and tremendously rewarding at other times, he said, while being “very effective in getting the word out and capturing their purpose.”

They developed ways to have connections with one another during the lonely stints on the road, including hosting camp meetings. The closest ones to this area were in a forest in Bergen, with some 16,000 people attending between the years 1850 and 1870, he said. 

Those meetings were rivaled as one of the biggest events only by a camp in the back woods of Kentucky, with no bathroom or cooking facilities, he said. That one drew from 20,000 to 40,000 people, and evoked “a lot of emotional response to the preaching.”

Why brave the real dangers of predatory animals and a conflict with native Indians and diseases such as the cholera epidemic of the early 1830s in the Wild West? It was a matter of faith and Biblical principles.

“They were very evangelistic. So they really felt that it was important to get the word out to everybody they could,” he said. “There were some others that were the Baptists were similar in that respect. And that's probably why in the 19th century, the Baptists and the Methodists were rivals to be the largest churches of the country.”

He cited examples of people who stick out in his mind for their impact, including Peter Cartwright, a circuit rider who stayed in a tavern one night when nothing else was available. A woman asked him to dance, and he agreed as long she would pray with him. On their knees, they prayed, and he was “so effective in marshaling the attention of that crowd, that the next day they formed the first Methodist church of that town of 31 people,” Van Dussen said. 

He obviously has a command of the material, citing the various real-life characters and situations throughout the book. He also has a passion for the craft, as he plans to pursue his next writing project and navigates the hurdles before him.

“We're pretty active, and I'm very active. And I think I've had to give up, at least temporarily. It’s hard. I can't get to church. I can't get to the coffee shop in the morning. I can't go to somebody's house. I haven't been out of this house since I got back from the hospital in the fall, late summer, August,” he said in his gentle whisper of a voice. “However, I'm determined to progress from this in a positive direction. I was actually in hospice care for a short time this fall, and I graduated from there or flunked out of the program. They said, ‘you’re making way too much progress to stay in our program.’”

He is moving onward to his next book about the relationships between the book characters and how they worked to help, teach and inspire one another. Despite their meager lifestyles while on the road, many of these people were brilliant and accomplished later on, having knowledge and insight to share, he said. 

His books are available at the Holland Land Office Museum and Amazon.com.

In his review of Van Dussen’s latest book, Elba author Bill Kauffman describes it as “a beautifully written and lovingly conceived daily devotional for ministers — though laypeople will also find it richly rewarding.” 

“I tried to bridge the general reader and the academic reader,” Van Dussen said. “People tell me that I lean more to the academic, and it's really true … but I have found that lots of people are able to grapple with this material and enjoy it.”

Press Release:

CAN-USA Sports has teamed up with the Batavia Community Schools Foundation for their inaugural Blue vs White Charity Hockey Game. Sunday, Feb. 4 at 5 p.m. with doors opening at 4 p.m. at the David McCarthy Memorial Arena.

The game will feature local business owners, Batavia City School District Alumni, and local youth hockey leaders. 

“I think it is going to be a really fun event to see local leaders in our community go head-to-head in a game to raise money for the Foundation. Some of these players may be dusting off their skates from a time long ago and some will be showcasing their hockey skills in front of families, neighbors, and co-workers, but that gives you even more reason to come out and see them in action” – Marc Witt, General Manager & Ownership CAN-USA Sports (Batavia Muckdogs Baseball).

A full roster will be released at the event, but see below the current players signed up to participate:

• Steve Pies, Owner – Max Pies Furniture & Batavia Hockey Alumni
• Guy Pellegrino, Owner – Pellegrino Auto Sales & Notre Dame Hockey Alumni
• Peter Corbelli – Member of the 1st Batavia Varsity Team
• Pierce Corbelli – Batavia Hockey Alumni
• Dan Calkins – 2006 Sectional Championship team & Batavia Alumni
• Batavia City School District Faculty Members: Tom Ingalsbe, David Froese, Anthony Consiglio, and Deven Grimshaw.

If you or someone you know owns a local business who would like to help sponsor either or both of the events please contact Marc Witt, General Manager/Ownership – CAN-USA Sports, mwitt.canusa@gmail.com for opportunities. 

Tickets for the event start at just $10 with proceeds benefiting the Batavia Community Schools Foundations. Tickets can be bought online, here or in person at the David McCarthy Memorial Arena box office.

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, assault 3rd, and menacing 3rd. March was arrested on Dec. 28 following an investigation into an incident on South Lyon Street. March is accused of kicking a person while threatening to kill that person. March was arraigned in City Court and released under supervision.

Donald G. Vanelli, 60, of Oakfield, is charged with burglary 3rd, criminal mischief 4th, conspiracy 5th, and petit larceny. Vanelli was arrested on Jan. 4 on a warrant stemming from an investigation into a break-in at a business on Mill Street. At least two suspects stole property from the business, according to police. Vanelli was arraigned and released under supervision.

Tanisha N. Gibson, 38, of Batavia, is charged with assault 2nd, criminal possession of a weapon 3rd, and two counts of endangering the welfare of a child. Gibson was arrested on Jan. 8 following an investigation into an incident on Dec. 2 on Bank Street. Gibson is accused of spraying pepper spray in the face of another person. Gibson was arraigned and released.

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny and conspiracy 6th. Falk is accused of cooperating with another person to steal property on Jan. 5 from 7-Eleven on East Main Street. He was issued an appearance ticket.

Samuel J. Hernandez, 21, of Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from West Main Wine and Spirits on Jan. 5. He was issued an appearance ticket.

Jaliyla S. Shelton, 18, of Rochester, is charged with two counts of grand larceny 4th. She is accused of stealing two cars in Batavia. She was arrested on Nov. 2 and issued an appearance ticket.  She is accused of failure to appear on those charges and was arrested on a warrant on Jan. 10. She was arraigned and released.

Crystal L. Dacey, 29, of Attica, is charged with criminal possession of a controlled substance 7th and petit larceny. Dacey is accused of stealing property and prescription pills from another person on Jan. 10. She was issued an appearance ticket.

Timothy D. Cobb, 19, of Buffalo, is charged with unlawful fleeing a police officer 3rd. Cobb is accused of fleeing from a police officer following an incident at Speedway at Oak and Main on Jan. 3. The pursuit was terminated, but Cobb was apprehended a short time later. He was issued an appearance ticket and multiple traffic tickets.

James R. Briggs, 48, of Batavia, is charged with petit larceny. Briggs is accused of stealing merchandise from Family Dollar on East Main Street on Jan. 4. He was issued an appearance ticket.

Joshua W. Bombard, 18, of Pavilion, is charged with assault 3rd and criminal mischief 4th. Bombard was arrested after police officers responded to a report of a fight at a location on Ellicott Street on Dec. 27. Bombard is accused of injuring another person and damaging that person's property. He was arraigned and released.

Jennifer M. Beswick, 41, of Batavia, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Beswick was arrested on Dec. 27 by Batavia PD following an investigation into a traffic accident that occurred on July 29. Beswick was issued an appearance ticket.

Jason C. Mann, 47, of Batavia, is charged with criminal mischief 4th. Mann is accused of damaging another person's property during a fight in the parking lot at 587 East Main St., Batavia, on Dec. 24. He was issued an appearance ticket.

Martin J. Rodgers, 39, of Batavia, is charged with criminal mischief 4th. Rogers is accused of damaging a window at a residence on Oak Street on Dec. 19 during an argument. He was issued an appearance ticket.

Naquan J. Shepherd, 24, of Batavia, is charged with harassment 2nd. Shepherd allegedly hit another person during an argument on Hutchins Street, Batavia, on Dec. 20. Shepherd was issued an appearance ticket.

Ronald J. Murray, 29, of Batavia, was arrested on a warrant on Dec. 26. The warrant stems from an incident on Aug. 11. Murray is accused of possessing narcotics. He was arraigned and released. 

Henry C. Roberts, 19, of Batavia, is charged with petit larceny. Roberts is accused of shoplifting from Tops on Dec. 29. He was issued an appearance ticket.

Levy Spikes, Jr., 50, of Batavia, is charged with DWI. Spikes was charged following a traffic stop by a Batavia PD patrol on Dec. 24 on Lewiston Road. He was issued traffic tickets.

Malik Isiah Ayala, 32, no permanent address, is charged with petit larceny and criminal possession of a controlled substance 7th. Ayala is accused of stealing a pair of Nike sneakers from Dick's Sporting Goods at 4:22 p.m. Jan. 13. When taken into custody, he was allegedly found in possession of crack cocaine and drug paraphernalia. He was released on an appearance ticket.

Mark E. Green, 42, of Hermitage Road, Warsaw, is charged with harassment 2nd. Green is accused of hitting another person at a residence on Briarwood Terrace, Batavia, at 5:50 p.m. on Jan. 14. He was issued an appearance ticket.

Scott David Murray, 38, no residence provided, is charged with assault 3rd and criminal obstruction of breathing.  Murray was arrested on Jan. 2 in connection with an incident reported on Dec. 30 at a location in Darien. Murray is accused of striking another person in the face multiple times and applying pressure to the neck of that person multiple times.  He was held for arraignment.

Joseph M. Andrews, 47, of East Crestwood Court, Lockport, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, open container, and speed not reasonable and prudent. Andrews is accused of driving off the roadway at 9:03 p.m. on Jan. 13 on Lewiston Road, Oakfield, while intoxicated. The incident was investigated by deputies Mason Schultz and Zachary Hoy.

Maxim James Reynolds, no age provided, of Lakes Road, Hamlin, is charged with DWI and false personation. Reynolds was stopped at 2:33 p.m. on Jan. 14 on Reed Road, Bergen, by Deputy Nicholas Chamoun. He was issued an appearance ticket.