news

Christopher C. Say is indicted in counts of assault 2nd, criminal possession of a weapon 3rd, attempted arson 3rd, criminal mischief 2nd, making a terroristic threat, and criminal mischief 4th. Say is accused of using a dangerous instrument to cause serious injury to another person on Dec. 26 in the Town of Stafford. He is accused of using brass knuckles. He is attempting to start a fire to damage a detached garage at a location on Main Road in Stafford. He is accused of damaging the property of another person in excess of $1,000 in value. He is accused of threatening several troopers, deputies, and firefighters. He is accused of damaging an armored police vehicle. (Click here for previous reports of this incident.)

Adam E. Bortle is indicted on counts of promoting prison contraband 1st and three counts of criminal possession of a controlled substance 7th. Bortle is accused of bringing narcotics into the Genesee County Jail on March 20, specifically Alprazolam, Fentanyl, and cocaine.

Gerard H. Altenburg is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and reckless driving. Altenburg is accused of driving a 2006 Dodge on Route 5 in the Town of Pembroke while intoxicated on Dec. 1. He was previously convicted of DWI in the Town of Pembroke in June 2016.

Eric T. McGrain is indicted on a count of felony DWI.  He is accused of driving a 2019 Chevrolet on Jan. 8 in the Town of Batavia. He was previously convicted of DWI in June 2012 in the Town of Greece.

Marcella F. Greene is indicted on counts of criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 7th. Greene is accused of possessing cocaine in a quantity significant enough to sell and a quantity of Fentynal on Dec. 21 in the Town of Batavia.

Edward S. Demetsenaere is indicted on counts of felony DWI and aggravated unlicensed operation. Demetsenaere is accused of driving drunk on Oct. 27 in the Town of Pavilion.

David B. Kenjockety is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation. Kenjockety is accused of driving drunk on Aug. 13 in the Town of Darien. 

Jason P. Gorton is indicted on a count of assault 1st. Gorton is accused of causing serious injury to another person by use of a dangerous instrument, a mobile phone.

Isaac D. Abrams is indicted on counts of burglary 1st and assault 3rd. Abrams is accused of entering a dwelling on Bloomingdale Road, Town of Alabama on Dec. 28 with the intent of committing a crime. He is accused of causing injury to another person.

Stephen S. Bogle, 35, of Batavia, is charged with grand larceny 3rd and falsifying business records 1st. Bogle is accused of going to his place of employment on Bank Street, Batavia, and punching in, then leaving for eight to 12 hours, then punching out, without ever physically being present at work. He is accused of stealing $13,148.63 as a result of this scheme.  He was arraigned in City Court and released on his own recognizance. 

Gerald Brinson Jr., 33, of Rochester, is charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, criminal possession of a weapon 3rd, endangering the welfare of a child, falsely reporting an incident 3rd, and menacing 2nd. At 9:30 a.m., May 17, Emergency Dispatch received a call of a disturbance and burglary in progress at a residence on Oak Street. Brinson is accused of entering the residence of a woman he knew and attacking her. According to Batavia PD, he was wanted on a gun case in Monroe County.  When patrols arrived, officers determined the victim and her year-old son had escaped from the residence but Brinson was still inside, refusing to exit. Officers from the Genesee County Sheriff's Office, NYS Police, and NYS Environmental Conservation arrived to assist. While Brinson Jr was inside the residence, he allegedly called in a fake report of gunfire on Ellicott Avenue. Eventually, Brinson Jr came out of the residence and was taken into custody. Brinson was arraigned in City Court and ordered held on $25,0000 bail, $50,000 bond, or $100,000 partially secured bond.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of leaving a business on West Main Street, Batavia, at 5:40 p.m., April 13, with a bag of groceries without paying for them. She was released on an appearance ticket.

Steven M. Lindner, 49, of Albion, was arrested on a bench warrant. Lindner was wanted on a warrant out of City Court.  Linder was arraigned and the case was disposed by the judge. Lindner was released and does not need to return.

Dierdre A. Louchren, 56 of Batavia, is charged with failure to appear. Louchren was arrested on a warrant. She was originally arrested in 2020 on an abandonment of animals charge. Louchren was arraigned in City Court and ordered to appear on May 19.

Cheryl M. Figoura, 42, of Batavia, is charged with petit larceny. Figoura is accused of stealing money from her employer on Oak Street at 5 a.m., May 5.  She was issued an appearance ticket.

Christopher P. Thomas, 38, of Batavia, is charged with criminal mischief 4th. Thomas is accused of damaging another person's property on State Street, Batavia, at 1:22 p.m., April 23.  He was issued an appearance ticket.

Cynthia C. Richardson, 42, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Richardson allegedly failed to stop her child from going outside without a parent or guardian past curfew. Richardson was issued an appearance ticket.

Ashley M. Davis, 33, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Davis allegedly failed to stop her child from going outside without a parent or guardian past curfew. Davis was issued an appearance ticket.

Ronnie J. Flinchum, 63, of Batavia, is charged with harassment 2nd. Flinchum is accused of threatening physical contact with another person during a dispute reported at 8 p.m., April 28, on Bant Street, Batavia. Flinchum was issued an appearance ticket.

Jonathan Chisler, 31, of Bacon Street, Le Roy, is charged with aggravated harassment 2nd. Chisler was arrested following a complaint regarding an incident reported at 9:38 a.m., May 13, at a location on Union Street, Le Roy. He was issued an appearance ticket.

Ethan Thomas Cifeill, 24, of Bernd Road, Le Roy, is charged with petit larceny. Cifeill is accused of stealing something from a location on South Street, Le Roy, at 8:02 p.m., May 14.

Latoya Denise Jackson, 36, of State Street, is charged with criminal contempt 2nd, resisting arrest, obstruction of governmental administration, and criminal trespass 2nd. Jackson was allegedly at a property on West Main Street Road at 10:11 a.m., May 17, and refusing to leave. Jackson was arraigned in Town of Batavia Court and released on her own recognizance.

Michael David Wiedrich, 52, of Boyd Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Wiedrich was stopped at 1:45 a.m., May 18, on North Street, Le Roy, by Deputy David Moore. He was released on appearance tickets.

Suzanne Marie Kennelly, 32, no address specified, Batavia, is charged with unlawful fleeing a police officer 3rd, DWI, driving with a BAC of .08 or greater, speeding, and moving from lane unsafely. Kennelly is accused of failing to pull over at 7:14 p.m., May 6, when Deputy Trevor Sherwood attempted to stop her on Wight Road, Alabama.  She is scheduled to reappear in Town of Alabama Court at 6 p.m., July 5.

Michael James Fox, 37, of Park Avenue, Oakfield, is charged with forcible touching. Fox was arrested following a complaint lodged at 5 p.m., May 9, on Park Avenue, Oakfield. An order of protection was issued and he was released on his own recognizance.

Maria Lynn Dimartino, 56, of Rollin Circle, Batavia, is charged with petit larceny. Dimartino is accused of using the bar code on a 32-inch TV to purchase a 50-inch TV at BJ's Wholesale Club at 7:25 p.m., April 21.  She was issued an appearance ticket.

Press release:

Two new art shows have opened at GO ART! in Batavia

Upstairs in the Rotary Gallery, Karen Crittenden’s exhibit “Slices of Life” can be viewed until June 25, 2022.  Karen's work includes photographs, paintings and mixed media pieces.  

In the Bank of Castile Main Gallery, Richard Della Costa’s exhibit titled "Remnants, Remains and Memory” will be on display, also until June 25, 2022.  

Richard is a retired media teacher and film/video producer currently living on the family farm in Kendall, NY. After Peace Corps service in India and Guatemala, he joined the Peace Corps staff in Washington, DC, where he worked as a public affairs officer and media producer. While living there he produced three independent 16mm films. They were, as best as could be described, collage films, avant-garde and expressionist in style. He has been making collage art and assemblage art, box constructions and sculpture since his return to this area in 1989. He finds that the use of found objects, junk and detritus lying around the farm in Kendall and in the woods around him, is very calming and always interesting. Since his retirement, he has had the time to devote to this work, have fun doing so, and visually reflect on the state of his life and the world around him.  

Press release:

Congressman Chris Jacobs (NY-27) released the following statement after voting against H.R. 350, the Domestic Terror Prevention Act.

“The racist massacre that occurred in Buffalo this past weekend was horrifying and has shocked our community to its core. Simply put there is no place for such hatred in our country, and we must condemn hatred and racism in the strongest possible terms. However, tragedy is not a reason to pass a flawed policy. Unfortunately, what occurs too often in Washington is bad laws and problematic policies are given a good name to ease their passage and stifle reasonable debate. This legislation falls into that category.

“The Department of Justice, Department of Homeland Security, and Federal Bureau of Investigation already have offices set up to monitor, investigate, and neutralize all threats of terrorism, including threats of domestic terrorism. Instead of approving additional resources for these existing offices to further aid in threat prevention, this legislation would divert resources to three new duplicative offices in DHS, DOJ, and FBI that have an initial focus on examining threats of domestic terrorism that occurred in the past, as opposed to focusing on current and future threats. Not only does this legislation spread critical resources thin, but it hampers the work DOJ, FBI, and DHS are already doing to address acts of terrorism. Furthermore, these new offices would be given broad jurisdiction that in the wrong hands could be used to investigate political enemies and infringe on the civil liberties and constitutional rights of Americans.

“We as a nation and a Congress have a duty to ensure the safety of every American – that is done through better supporting our existing agencies and programs, funding law enforcement, and supporting our communities. Hasty and reactionary policy without proper thought and debate is not the answer. We as a Congress must work better to develop actual, tangible solutions to the problems facing Americans.

Press release:

The Genesee Community College Foundation invites nominations for its Alumni Hall of Fame, which recognizes those alumni who have achieved outstanding success and made a lasting impact on their community. The GCC Foundation intends to induct the next class of nominees during the fall of 2022 semester. "We encourage those who know outstanding graduates to nominate them now," Lori Aratari '89 Alumni Hall of Fame chair said. "We know there are a lot of deserving graduates out there, and we are eager to honor more of GCC's best and brightest." Nomination forms can be downloaded from GCC's Foundation website https://gccfoundationinc.org/wp-content/uploads/2022/05/Alumni-Hall-of-Fame-application.pdf and emailed to Foundation@genesee.edu .

GCC introduced the Alumni Hall of Fame in 2007. In over 14 years, the College has recognized 43 outstanding graduates in a variety of fields, from law enforcement to economic development.

"The success of these graduates serves as an inspiration to all of us here at the College and the community at large," Aratari said.

The criteria for nominating an individual to the Alumni Hall of Fame are based on the individual's contributions to his or her profession, distinguished service to the community and/or service to Genesee Community College. Nominees must be well-established in their professional lives, having completed their GCC degree at least ten years prior to nomination.

Nominations may be submitted by the nominee or by friends, family or other colleagues who are familiar with the nominee. New inductees will be honored at a reception, and their photo and a short biography will be displayed in the Alumni Hall of Fame, located on the second floor of the Conable Technology Building.

For more information contact The GCC Foundation Office at (585) 345-6809, or via email: Foundation@genesee.edu .

Press release:

The Batavia High School Class of 1973 has announced that it will be holding its 50^th class reunion on July 8, 2023, at the Batavia Downs Gaming grandstand on Park Road.

The reunion committee will be mailing “save the date” cards over the next few weeks and is looking for the public’s help in finding addresses for 39 members of the class, which graduated 294 students:

Alexander Senovsky, Anthony Scappa, Anna Murphy Rupert;

Barbara Smith, Becky Byrn Schmid, Byron Rodgers;

Cheryl Poteat, Chuck Curd, Ciro Feniello, Crystal Marshall;

Deborah Lee, Deborah Niedzialek, Debra Hale Laird, Dennis Majors, Dennis Tabor, Diane Hale, Donna Mugford;

Frances Kelly Leighton, James Lee, Jamie Richardson Fritz, Judy Porter, Joseph Ball;

Kathleen Lee, Kim Goodrich;

Margaret Cummings Bailey, Michael Stephens, Pamela Richenberg;

Ralph Mullin, Reyburn Campbell, Robin Munt Morgan, Rosemarie Menzie Welty;

Sandra Gaskill, Santa Majors, Sarah Hutton Weinheimer, Steve King, Susan Kitt Crego;

Timothy Mooney, Tom Galbo, Yvonne Rodgers.

Anyone with information about these people is asked to contact Deb Best at debbest@rochester.rr.com.

Press release:

Office for the Aging with be distributing Farmers’ Market Coupons again this year!  We expect to begin after July 1st, but not before then.  We will be circulating flyers around the county, announcing the distribution locations. There will also be announcements on WBTA, ads in the local newspaper, Pennysavers and online media outlets.  Do not forget to check the Office for the Aging on the Genesee County website https://www.co.genesee.ny.us and Office for the Aging’s Facebook page https://www.facebook.com/GCOfficeFortheAging For additional information, please call our office at (585) 343-1611

Press release:

In 1962, President John F. Kennedy signed a proclamation that designated May 15 as National Peace Officers’ Memorial Day and the week in which that date falls as National Police Week.  

The Genesee County Legislature issued a proclamation to officers from the Genesee County Sheriff’s Office, Batavia City Police Department and LeRoy Village Police Department (Corfu Village Police Department were unable to attend) at last Wednesday night’s meeting recognizing May 15 – 21, 2022, as National Police Week.  The Old County Courthouse cupola lights have been changed to blue to acknowledge this week. 

Law enforcement officers are always prepared to respond and aid our residents, 24 hours a day, 365 days a year.  This week honors all those in the law enforcement profession for the countless hours each officer dedicates to the community in which they serve.    

Sheriff Sheron asks that if you see a police officer, please take the time to acknowledge his/her service.

Press release:

After hosting the New York FFA State Convention virtually for two years, more than 2,000 students, teachers, and guests gathered in person to celebrate and recognize members for all their accomplishments on May 12-14 in Syracuse, New York.

New York FFA currently supports over 9,000 middle and high school students in programs of varying size from the heart of New York City to the shores of Lake Erie. Agricultural education programs across the state offer relevance of core academic concepts as they are applied to the food and fiber systems and prepare students for career success, in and out of agriculture. One of the hallmark events for NYS FFA each year is the annual New York State FFA Convention where students, teachers, and guests gather to celebrate their accomplishments from the year. The State Convention has been a culminating activity for many members over the years, allowing them to compete in career and leadership development events, network with agricultural colleges and industry reps, and be inspired by keynote speakers and the State Officers’ retiring addresses.

This year we were excited to offer in-person opportunities for students, teachers, and supporters. People from all over New York State gathered for this annual event to hear inspiring speeches from peers and agricultural professionals, expand their knowledge during workshops and tours by exploring different fields of the agricultural industry, and networked with agricultural business professionals and colleges during the Career Engagement Expo.

The Elba FFA Chapter Advisor, Tracey Dahlhaus, stated: “This was an amazing opportunity for our students to not only participate in contests, and workshops but to also meet other FFA members from across the state.”

Ian Keberle, a member of the Elba FFA chapter stated, “I can’t wait to participate again next year and am already planning which contests I want to participate in.”

In addition to participating in tours, workshops, service projects, and sessions, students were recognized for their accomplishments during one of six general sessions. The following members of the Elba FFA chapter were recognized:

Amelia Brewer and Ian Keberle were recognized for receiving their Empire Degrees.  The Empire Degree is awarded based on a member's leadership qualities, community service and time spent on an SAE (Supervised Agriculture Experience).

New York FFA is grateful for all of our supporters, students, and teachers who have helped make this year’s State Convention a success and who have continued to display excellence and leadership skills they have developed throughout their time in FFA. The 2023 New York State FFA Convention will take place in Buffalo, New York from May 18-20.

FFA makes a positive difference in the lives of students by developing their potential for premier leadership, personal growth, and career success through agriculture education. For more information regarding FFA, please visit either www.nysffa.org or www.ffa.org.

File photo of a Memorial Day parade. Photo by Howard Owens.

City Councilman Bob Bialkowski, on behalf of the city, invites all community members, including groups, organizations and, especially, veterans to participate in this year's annual Memorial Day parade. 

"The city of Batavia is sponorsing the parade and looking forward to community support," he says. 

The parade is set to begin at 9:45 a.m. May 30 from Eastown Plaza moving west down Main Street to Bank Street, ending at the Alva Place parking lot. Any groups that would like to participate are asked to contact Bialkowski for planning purposes. He asks for everyone to "please keep the theme of respect to all our veterans and first responders."

Veterans can just show up at 9:15 a.m. May 30 at the Eastown Plaza parking lot on East Main Street, Bialkowski says. If any veteran needs a ride in the parade, or for more information, contact the councilman at (585) 409-3624.

"Let's show our support to our veterans and first responders," Bialkowski says. "Bring your lawn chairs and enjoy our annual parade. We will be handing out small American flags to the children."

PRESS RELEASE:

BATAVIA, NY—The Batavia City School District is still accepting registration applications for universal pre-kindergarten (UPK) and kindergarten programs for the 2022-23 school year. 

BCSD will be offering four full-day UPK programs at Robert Morris and one half-day program at a community-based organization. 

As previously announced, the BCSD UPK program will be relocating to the Robert Morris building (80 Union St.) but will still be considered part of Jackson Primary.

The BCSD kindergarten program will continue to reside at the Jackson Primary building (411 S. Jackson St.).  

UPK students must be four years old on or before December 1, 2022. 

Kindergarten students must be five years old on or before December 1, 2022.

Pick up and return your registration packet to the BCSD Registration Office at the Robert Morris Community Schools Building (80 Union St., Vernon Ave. entrance). 

You can also download your packet here. 

Any questions can be directed to Deb Conroy in the Registration Office at dpconroy@bataviacsd.org or by calling 585-343-2480 ext. 1010. 

Registration will remain open until all spots in each program have been filled. 

After Town of Batavia Planning Board members gave the final approvals to Benderson Development for two new commercial buildings in the former Kmart parking lot on Lewiston Road, they had but one question: "who is it?"

The rep from Benderson wouldn't say.

He said he couldn't release the names until leases are signed. He said that lease signing could come soon for at least one potential tenant, with construction to begin on that building in July.

Benderson is planning:

• A 4,000-square-foot restaurant with a drive-thru and bypass lane to be located in the southwest corner of the property;

• A 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop with drive-through in the southeast corner of the property.

On Tuesday, the planning board approved the project's environmental review, special use permit for a drive-through, and site review plan.  With those final approvals, Benderson is ready to sign agreements with the intended tenants of the buildings.

Before the vote on the special use permit, Chairwoman Kathy Jasinski noted that the only opposition had come from pizza shop owner Jerry Arena, who objected to the entire project.  She said it was her understanding that Arena had modified his position and town engineer Steve Mountain said that is correct. 

"He's not here tonight so I'm assuming that he's okay with that," Jasinski said. "So we really don't have any opposition." 

UPDATE: Jerry Arena said he was not aware of the meeting and that his position hasn't changed at all.  He still opposes the project.

Mega Properties is planning another massive warehouse for the Gateway II industrial park east of Route 98 in the Town of Batavia.

This time it will be a 200,000 square-foot warehouse available for area retailers to store inventory overstock.

Lucas Bushen, with Marathon Engineering, presented initial plans to the town planning board on Tuesday.  

He said there will be few employees at the warehouse at any one time, so only about 20 parking spaces will be needed.

A full environmental review is required for the building, and the planning board approved a resolution to be the lead agency on the review.

The 22-acre parcel is off of Call Parkway. It will be a Butler Building with typical remanufactured metal building elements: concrete foundation, metal siding, and sloped roof. 

The building will be constructed in phases with Phase One including 71,000 square feet of warehouse space and 3,200 square feet of office space.

There are two ponds on the property. In order to construct the building, one of the ponds will be relocated. There are also two federally designated wetlands on the property.  The wetlands will not be disturbed.

Mega Properties intends to invest more than $3 million into the project.

Mega Properties has long-standing ties to Batavia, having launched in Batavia’s Harvester Business Incubation Center more than 30 years ago. The business is currently based at the Gateway I Corporate Park in the Town of Batavia.

In 2020, just prior to the start of the pandemic, Mega Properties sought financial assistance from GCEDC for the project.  At the time, they were seeking approximately $558,497 in assistance, including a property tax exemption of $400,497, a sales tax exemption of $128,000, and a mortgage tax exemption of $30,000.

There was a public hearing on the request but the application did not go any further because of the disruption of the pandemic.  No announcement has been made yet on when the GCEDC board will next take up the application.

Top photo: Lucas Bushen presents plans for a warehouse off of Call Parkway in the Town of Batavia to the town's planning board. Photo by Howard Owens.  Below, drawings of the project from planning documents.

Press release:

Buckeye Partners will be performing maintenance on their pipeline on Creek Road in Batavia beginning Monday, May 23. The road will be closed from 7 a.m. to -5 p.m. and will be reopened every evening to regular traffic. The work is being performed on Creek Road just north of Dorman Road and will last approximately two weeks.

Applications have been coming in for the vacant assistant city manager position as Batavia City Manager Rachael Tabelski formulates the role’s top priorities.

The interview process is set to begin in the next few weeks, she said.

“I’m looking at neighborhood revitalization. It's a very long-term look, but I'm trying to coalesce all the information I've gathered in the different years of working with the county and in the city, and bring this project forward,” Tabelski told The Batavian on Tuesday. "We'd like to have someone in place by the end of July."

Earlier this month, Jill Wiedrick submitted her resignation letter after being assistant manager for just about a year. She had announced that she was leaving for another job in Fairport.

Tabelski has ideas about what she’d like to assign to the future assistant, and reinvigorating city neighborhoods is the theme. Her top two goals are to preserve the tax base and eliminate blight, she said.

“The ideas I have about neighborhood revitalization include the possibility of looking at our zoning, looking at flood properties, and how we can bring more value to southside neighborhoods,” she said. “Understanding if there are problems in neighborhoods, and what changes in our code could be implemented to help mitigate those types of problems, helping residents stay in their homes and not be foreclosed on.”

She’d like that new person to understand the various types of programs available for assistance to property owners, and know where “zombie” properties are, along with working with banks to stabilize those properties on a “path to homeownership,” she said.

The term zombie properties was coined for those sites that become stagnant due to the prior owners defaulting on payments and the banking institution locking it down in ongoing legal procedures before the city can claim foreclosure. That has also created issues with landscape maintenance -- or lack thereof -- as the particular property remains in limbo with no one specifically responsible for it.

“Because they do cause a drastic effect on neighboring properties when you do have a vacant property in your neighborhood,” Tabelski said. “And lastly, looking into different land banks and how other communities have used those to move property forward, as well as continuing to work with Habitat for Humanity.

"So this is a very multi-prong strategy and (the future assistant is) going to have other ideas than the ones I presented. And that's what I want their first big job to be, is coming up with defining the strategy today, a strategy which would have multiple paths on it to help Batavia’s neighborhoods, and then starting the execution of those plans into the future.”

Post-Covid conditions, higher wages, a smaller pool of candidates and veteran worker retirements makes being an employer all the more difficult, Rachael Tabelski says.

“It's just something for investors, government officials and the business community alike to be aware of. We're seeing inflation, you see interest rates rising, we're seeing rising wages and across all sectors, making it very difficult to be in the business of government, where you're hampered by union negotiations and contracts and set wages,” she said during Monday’s City Planning Board meeting. “We're seeing competition for jobs that's different than we've ever seen before. There are so many issues facing employers today. We’re living through a time like no other.”

Her point was not to dole out a big bowl of doom for the city, but to lay out the issues that have become more prevalent. Tabelski’s presentation was an update of the city’s comprehensive plan from its last draft in 2017.

COVID aftermath …
Easing up COVID mandates has also meant the end of child tax credits, remote jobs and direct stimulus checks and resuming rent and utility payments for tenants, evictions and foreclosures, she said. The city has also experienced what she dubbed “the silver tsunami,” a term to describe the retirement of three experienced members of the Public Works Department, and their replacements “trying to get up to speed.”

“And you know, my question that none of us can find the answer to is, will this change the workplace permanently? We just don't know,” she said. “I wanted to just remind everyone on the framework of what we're dealing with in the city.”

Leading the way on lead replacement …
One “enormous” task — that’s an understatement — will be replacing lead water pipes, she said.

“This is an emerging issue that's going to take a lot of time away from our staff, and including myself, to work on a communication plan with the residents and try to (help them) understand,” she said. “So you have the water main, and then you have a lateral that goes through a curve box; this is all city-owned. Then you have the line that goes into your residence, that's all residential owned. So if there's a lead or galvanized pipe in any portion of that system, it now needs to be replaced.”

No, this isn’t happening tomorrow,  she said but must be done at some point. Communication with affected residents, obtaining grant monies, understanding the full scope of the project, figuring out financing and viable funding sources all need to be done before pipe replacement can occur. The city of Buffalo has committed in the neighborhood of $15 million for its replacement project, she said.

“This is something that is going to be an enormous project for the city to undertake … it's something we're working on. And we are going to be starting with (former City Manager) Jason's plans. So again, this wasn't something we knew about in 2017. It wasn't on our radar. But I think it's very important that it's on the radar now,” she said.

And the upside …
All of that being said, she also pointed to the positives of city projects, total investments and being able to track those investments as part of a “$100 million I’m all in” initiative that began with former City Manager Jason Molino. In 2017, the city committed to creating at least $100 million of investment by 2022 to revitalize downtown and “reclaim the vibrancy of Batavia.”

“And the goal of this was to try to extract the investment from not only the commercial and residential building projects that went on in the city, but also any public infrastructure monies that were spent in the city,” she said. “We have $132 million invested, and that includes the completed investments and those currently under construction added together. So I think the city has done a wonderful job of fostering this investment and also tracking it. I don't know that any other city has a similar tracking system as we do.”

The most significant contributing properties to the city’s tax base are all downtown, she said, which demonstrates the importance of focusing on that segment of the city. Of the entire city base with 5,700 properties, 75 percent of those are taxable, with 25 percent being tax-exempt nonprofit and government sites. Current taxable value is at $669 million, with $220 million tax-exempt. She reminded the board that those tax-exempt properties “still pay water and sewer costs.”

The city lags behind the town of Batavia with a growth in assessed value at 26 percent to 49 percent, respectively. Completed projects from the 2017 comprehensive plans include Ellicott Trail, a downtown revitalization initiative, the commencement of the Ellicott Station project, securing infrastructures grants, building Liberty Square apartment complex, and focusing on upper floor apartments.

“We secured a lot of infrastructure grants over the last few years. Liberty Square was built so that addresses housing for all different types of populations. Our upper floor apartments have been built, a lot of the building fund projects that were part of the DRI and through another subsequent Main Street Grant,” she said.

Projects that are in-progress and not yet completed include tree management — ensuring to replace trees that are removed from the city landscape with trees of varying species and are appropriate for the local climate; creating an inclusive venue at Austin Park so that “all children” can play there; integrate “traffic calming techniques” for busy roadways such as Route 63/Ellicott Street; lead pipeline replacement; and reimagining properties within the flood plain, she said. Yet to be tapped are plans to design decorative crosswalks, pedestrian scale lighting, create a park and recreation master plan and update zoning to reflect comprehensive plan recommendations.

“I think tonight was nice to give an update to the planning committee who worked on the comprehensive plan,” Tabelski said after the meeting. “And just showing how much progress has been made in the last five or six years here in our city. But yet, there's a lot more things that still need to be done. And this group really has been through many of the planning initiatives and are here to help with the execution as well.”

Top photo: City Manager Rachael Tabelski presents an update on the comprehensive plan during Monday's Planning Board meeting. Photo by Joanne Beck. Above illustrates the varying percentages that city residents are taxed, from 23 percent for city property taxes to 53 percent for school taxes. Image provided by the City of Batavia.

Batavia PD responded to Subway, 412 E. Main St., at 5:56 p.m. after receiving a report of a robbery in progress, and upon arrival learned the suspect had fled in an easterly direction.

After obtaining a description of the suspect, officers located a man matching the description at an apartment complex on East Main.  He was taken into custody and identified as Benito A. Gay, 34, of Batavia.

He is charged with robbery and another unspecified charge. He was arraigned in City Court and ordered held without bail.

There were no weapons displayed during the robbery, police said. 

Additional evidence was recovered after Gay's arrest, according to police. 

He is scheduled to appear in City Court again at 1:30 p.m. May 19.

Gay has other prior arrests in Batavia, most recently in March when he was accused of stealing three beers from the Kwik Fill at Jackson and Ellicott.

This evening's sunset somewhere in Pembroke by Joanne Meiser.

Though votes were reported as unofficial this evening, it’s apparent that Batavia City Schools’ $54.8 million budget and a related 1 percent tax levy increase passed with a vote of 301 to 108.

It was one of eight districts to report a passed 2022-23 budget. 

The other proposition on Batavia’s ballot was the election of board members for three vacant seats. Chezeray Rolle came out on top with 368 votes, followed by John Marucci and Korinne Anderson, each with 346 votes.

Alexander Central’s budget and related tax levy passed 83 to 44. Prop 2 of two bus purchases passed 92 to 35; Prop 3 to spend $56,958 from the equipment capital reserve fund passed 97 to 31; Prop 4 to establish a capital reserve fund passed 86 to 38;  Prop 5 to establish a school bus reserve fund also passed 85 to 39.

Molly Grimes received 94 votes to fill the five-year board member term, and there were several write-in suggestions for the position.

Byron-Bergen Central School’s budget passed with a vote of 244 to 98. Proposition 2 of a bus purchase was also approved 252 to 89; Prop 3 of a school vehicle reserve passed 245 to 95 and school board candidates Kimberly Carlson received 292 votes, Heidi Ball 284 and Jeffrey Cook 287.

Elba Central’s budget passed by a vote of 100 to 17. Superintendent Gretchen Rosales shared her gratitude for the positive outcome.

“I am thankful for our supportive community,” she said.  “These results demonstrate the trust the Elba community has in the district, not only to educate the students, but also to be good financial stewards of their resources.”  

Elba’s Prop 2 to purchase a school bus passed 102 to 15; Prop 3 to expend up to $100,000 on a capital outlay project through a reserve fund passed 104 to 12, and board members Travis Torrey and Mercy Caparco won a five-year term on the school board with votes of 100 and 106, respectively.

Le Roy Central's general budget passed 474 to 137 and the library budget by 509 to 103. Candidates Peter Loftus and Rachael Greene each won a three-year term on the school board with votes of 458 and 464, respectively. Jason Karcher, with 382 votes, will fill a two-year term.

Oakfield-Alabama Central’s $23.5 million budget passed 187 to 35. The district also approved the addition of a student ex-officio board member 180 to 40. Matt Lamb, with 205 votes, and Justin Staebell with 209 were each elected to three-year terms on the school board.

Pavilion Central’s budget passed 106 to 23, as did a reserve resolution by 107 to 20. Marirose Ethington received 116 votes to fill a five-year school board term.

Pembroke Central’s budget passed 272 to 98, while a school bus proposition passed 276 to 93. Ed Levinstein garnered 332 votes for a five-year school board seat and Amber Winters received 312 for a four-year board seat.

Corfu Public Library election results gave Jessica Doctor the most votes of 336 and John Conti two write-in votes, each for a three-year trustee seat; Matt Steinberg received 334 votes for a two-year trustee seat.

A decision by the Alabama Town Board in April 2019 to oppose the installation of a roundabout at the intersection of Ledge Road and Route 77 has led to a lawsuit filed by an Oakfield woman who sustained severe injuries in an accident at that intersection on Oct. 2, 2020.

Marianne Molaro sustained permanent injures, "including but not limited to, a fracture of the cervical spine at the C-2 level," according to the suit filed in November by attorney Bradley D. Marble of Lockport on her behalf.

Also named is Genesee County; the other driver, Amber M. Messervey, of Naples; the owner of the car Masservey was driving; and Victor Chase, of Rochester. 

The amount of damages, if the plaintiff prevails, are left up to a jury, the suit states.

At the time of the accident, the DOT had not yet announced its decision to drop its proposal for a roundabout, or a traffic circle, at the intersection.  That decision wouldn't be made public until May 2021.

It's not clear that Molaro can recover damages from the town since Route 77 is property of New York State, and the Town has no authority to install or block a traffic circle at the intersection. Marble did not respond to a request for comment on the suit.

The state is not named in the suit.

The town's insurance agent is handling the legal response to the suit.

The suit seeks to hold both the town and the county liable for "negligent reckless and careless" action in "failing to provide a safe roadway" and in failing to "correct a known safety risk," in failing to "perform an adequate highway safety plan study; in failing to abide by a highway safety plan that provided a reasonable basis for the decisions made; failing to follow the guidance of the NYS DOT to install a roundabout at the location of the collision" and to fail to take any other reasonable action that could help prevent serious accidents at the intersection.

In 2019, the town sent a letter to the Department of Transportation opposing a proposed $1.8 million roundabout out of concern that "while it may decrease high-impact accidents, it will increase low-impact accidents, which will, in turn, increase the amount of emergency calls for our volunteer firemen."

The letter raised concerns about farmers moving equipment through the roundabout, plowing it in winter, increased noise from trucks slowing and applying their jake brakes, and the danger of traffic slowing as vehicles approach the roundabout.

"The proposed roundabout will be approximately 30 feet from a residence," the letter stated. "This poses a significant safety hazard to this property owner."

Supervisor Janet Sage signed the letter, along with Deputy Supervisor Kevin Fisher, board members Gordon Linsey, Jill Klotzbach, and William Cleveland.

The county is named in the suit even though the County Legislation declined in May 2019, when the Town of Alabama requested the County to join Alabama in opposing the roundabout.  Members of the Legislature listened to Highway Superintendent Tim Hens when he outlined why roundabouts help save lives.

Traffic engineers generally support roundabouts, they say, because roundabouts lead to a 60 percent reduction in all types of accidents and a 99 percent reduction in fatal accidents because they eliminate head-on and right-angle, high-speed collisions. 

On Oct. 2, 2020, Molaro was driving northbound on Alleghany Road when her vehicle was struck by one driven by Messervey, according to the suit, when she failed to stop for a stop sign in the eastbound portion of Ledge Road.

The Batavian requested a copy of the accident report, which is public record, from State Police, which, contrary to the state's open records law, declined the request.

During the state's proposal process for the roundabout, the DOT stated that between April 1, 2013, and May 31, 2018, there were 56 crashes in the area and 31 of them at the intersection. Two of the accidents were fatal.

The DOT said at the time of the proposal for a roundabout that they did consider alternative solutions and had implemented minor safety enhancements, such as upgraded signs and modified striping, but proposed a modern roundabout as the best solution to the propensity for accidents at the intersection. The engineers proposed an elliptical-shaped roundabout.