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For the third straight week, the number of positive COVID-19 tests reported in Genesee county has increased significantly, according to Genesee County Health Department data released today.

Even so, the CDC rates the risk of community spread in Genesee county as low.

There were 168 new positive tests reported in the county for the week of April 13 through April 19.  In the previous week, there were 119 new cases, and in the week before that, 62, which is double the new cases from the prior week.

According to health department data, 43 of the newly reported cases were from home tests. There is no way of knowing how many people tested positive with home test report results to the county.

To report a positive home test to the health department, click here.

The CDC guidelines for areas with low community spread are: "People may choose to mask at any time. People with symptoms, a positive test, or exposure to someone with COVID-19 should wear a mask."

 

Now that the City of Batavia Planning & Development Committee has put its stamp of approval on exterior changes to the Main Street side of the City Centre Mall, the project manager for the Batavia Players’ Main Street 56 Theater said he hopes construction-related issues won’t delay the project.

“We want to start as soon as possible, but the industry is short on materials and people. So, we'll have to work on a schedule to see when we can get people started again,” David Ciurzynski of Ciurzynski Consulting said today.

The City PDC on Tuesday night voted in favor of the new lighted façade that will serve as the primary entrance to the new theater.

Ciurzynski said he will speak to the architect about some necessary minor changes to the plan as requested by City Code Enforcement Officer Doug Randall, and then he will begin the bidding process for contractors next month.

When asked if the work will be done by December, he said, “We're really hoping that's the case. I don't see why we couldn't but it's going to really depend on labor and material availability. People and materials are the biggest challenges in construction right now, along with pricing.”

The façade, a storefront glass system with two levels, will “activate” that section of the mall and “give it a little bit of life,” Ciurzynski said.

“The upper piece will have an etched glass with an under-light LED strip that will add a little interest to the glass with the etching on it,” he said. “The etched glass will have the logo. When you light it at night, the logo will kind of glow instead of having this big marquee that sticks out in front of you.”

Ciurzynski said that will be the main entrance – the place people will enter the theater to access the ticket booth and concessions. Another smaller entrance will be available on the north side of the mall.

An open house and special craft/vendor show in the temporary theater space and dance academy is scheduled for 10 a.m. to 4 p.m. this Saturday, April 30. A hotdog stand will be operated by the Batavia Lions Club.

The Town of Batavia Planning Board on Tuesday night approved site plans for additions at O-At-Ka Milk Products on Ellicott Street Road and to buildings under construction by Gallina Development of Rochester at the Gateway GS LLC site on Call Parkway, north of the Thruway interchange.

Kelly Finch, senior director of engineering and operational technology at O-At-Ka Milk, explained that the project involves “increasing the plant’s capacity by fully utilizing what is there.”

Specifically, O-At-Ka Milk plans to construct a 58- by 70-square-foot addition that includes three storage tanks for the company’s growing alcohol-based beverage operation.

Finch said one of the tanks measures 15 feet high by 8 feet in diameter and the other two measure 28 feet high by 12.5 feet in diameter. The addition is to be placed on the south side of the property, which spans the corner of Ellicott Street Road and Cedar Street.

Rod Ives, civil engineer for Napierala Consulting of Syracuse, shared that the addition will go in an area that currently is paved, resulting in no stormwater runoff.

The planning board conducted a State Environmental Quality Review and found no adverse effects before voting in favor of the site plan.

Following that, the board voted favorably on the SEQR and site plan submitted by Gallina Development to change the square footage of two office buildings under construction.

The first would increase from 22,000 square feet to 30,000 square feet and the second would go from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet.

Overall, the total area of development originally approved – five building lots -- would remain at 135,000 square feet.

While an old, rusted firearm that was fished from a creek in Oakfield is still at a police lab, nothing of value has been gleaned from it thus far, said Chief Deputy Joseph Graff.

The "unusual catch" was snagged by some people magnet fishing on May 22, 2020, in the area of the 6000 block of Fisher Road in Oakfield.

The Sheriff's Office took possession of the firearm with an interest in seeing if it might be tied to any crime in the area. There has been no public statement on what crime it might possibly be tied to.

A few days later, Graff told The Batavian, "It is very rusted/corroded and not identifiable in its present state."

At the time, Graff said they would be looking for anything identifiable that could be restored.

Lorenzo Baker

A Batavia man is in custody and accused of criminal possession of a weapon 2nd following a traffic stop at 12:29 p.m. Monday, when he was allegedly found in possession of a loaded revolver.

While Lorenzo Baker, no age provided, was being stopped by a patrol officer, the Emergency Response Team executed a search warrant at his residence, 36 Dellinger Ave. upper, as part of an ongoing investigation.  

Police say that additional evidence was found in Baker's residence.

Given the ongoing nature of this investigation, police say they are not releasing further information about the nature of the investigation or what was located in the residence.

Baker was arraigned in City Court and ordered held on $25,000 cash bail, $50,000 bond, or a partially secured bond of $75,000. 

Baker is scheduled to appear in court again at 1:30 p.m. on Thursday.

Reader-submitted photos.

For the sixth straight month, Genesee County's unemployment rate was lower than the pre-pandemic rate for the same month, according to the New York State Department of Labor. The rate of 3.7 percent for March of this year reflects a dip when compared to a 4.5 percent rate in March 2019.

The rate in March 2021 was 5.6 percent and the rate in March 2020 was 5.7 percent.

The current rate is the lowest it's been from available state labor department records going back to 1990.

There are 29,300 workers reported in the labor force for Genesee County currently, compared to 28,700 in 2021 and 29,800 in 2019.  

The reported total number of Genesee County residents who were employed in March 2022 is 28,200, compared to 27,100 a year ago, and 28,420 in 2019.

There are 1,100 people reportedly looking for work, compared to 1,600 a year ago and 1,320 in March 2019.

The unemployment rate for all of New York State is 4.7 percent, which is higher than the March 2019 -- pre-pandemic -- rate of 4 percent.

 

Calling it “a horrible idea,” Batavia businessman Jerry Arena tonight urged the Town of Batavia Planning Board to turn down a proposal by Benderson Development LLC to construct two restaurants on the parking lot of the former Kmart on Lewiston Road.

Arena was the lone town resident to speak at a public hearing on the Buffalo-based company’s request for special use permits for the drive-thru lanes of the yet-to-be disclosed retail operations. The planning board made it clear prior to the meeting that no action would be taken on the venture tonight.

Benderson is looking to build a 4,000-square-foot restaurant with a drive-thru and bypass lane at one end of the parking lot and a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop and drive-thru at the other end – both along Lewiston Road (Route 63).

Matthew Oates, engineering director, and Katherine Rowe, design engineer, for Benderson Development opened the meeting by giving a quick update on the company’s plans, mentioning an increase in the green space and landscaping, putting in new curbing and pavement, updating utilities and ensuring sufficient stacking space in the drive-thru lanes.

They said they are waiting on the completion of a traffic impact study – information necessary to keep the project moving forward.

Arena questioned if there would be enough parking spaces left over to accommodate shoppers once another business was found to occupy the former Kmart building.

After that, he was given the podium and articulated his concerns for about 15 minutes, visibly upset but able to keep his anger in check.

PROPOSAL 'AFFECTS' ALL CITIZENS

Armed with several documents, including the project application, Arena said “the mere fact that I got one (a notice of the public hearing) represents the fact that this special use permit affects my property at 8360 Lewiston Road (Jerry Arena’s Pizzeria) and my neighbors – the gun store, the car dealership, Calvin Nichols, the land that I have on Arena Parkway facing Lewiston Road.”

“I just shake my head when I see this and I'm trying not -- if I act like I'm going to be angry, if I'm perceived as I'm angry, it's because I really am. I'm just flabbergasted that this would get this far.”

Arena, citing an already congested traffic area and safety concerns, said that putting these new businesses at the front of the parking lot affects all residents of the town and city of Batavia and Genesee County.

“It affects them when they do their holiday shopping,” he said. “People who I talk to logically, and I say logically, assume that these three new businesses … it’s two buildings, three businesses. They logically assume that when the hear the news, they’re going to go into the old Kmart, which would be the best spot for them.”

He went on to say that he doesn’t “feel sorry for Benderson” because they can put the businesses in (the Kmart building).

“I don’t care how much it costs them and I don’t care if they’ve got to knock part of Kmart down and build a drive-thru,” he said. “This is what most people think – that it’s going to go into the old Kmart.”

‘PROBLEMS ON SEVERAL LEVELS’

Arena said the special use permit creates problems on several levels – “and I don’t even know where to start.”

“My main theme here is at what point do we stop creating and compounding traffic flows on Lewiston and Park roads?” he asked. “Surrounded by traffic flow problems with no sidewalks, this area of Lewiston and Park road will become more dangerous than ever for pedestrians, bicyclists and motorists.”

He said planners from years past “got it right” by wanting to place commercial enterprises onto Route 5, a four-lane highway.

“Well, things got turned around and OK, here we are,” he said. “There's big problems. I'm afraid to go down Park Road at night because one day I'm a law-abiding citizen and somebody might jump out at me from Batavia Downs and I'm sitting in my attorney's office facing a vehicle manslaughter charge.”

Arena said the entrance of the new businesses will come out onto Park Road – “as if Park Road isn’t a problem already.”

Noting that he has “a front seat” when looking out his pizzeria window, Arena said traffic is non-stop.

“You want to have a flea market, you want to put something next to my pizzeria, they don’t stop. They stop when the light turns red at Park Road and then you’re going to have to scoot out, because the light is going to change again. So, that’s my key thing here.”

He said that if and when Kmart is occupied again, the entrance and exit points on Lewiston and Park road “will not safely, safely, safely or adequately handle the additional 10,752 square feet of retail space.”

ARE THERE OTHER OPTIONS?

Arena said that as with an eminent domain situation, if planners have other options, “you’d think you’d want to use them.”

“Why can't you fill the Kmart … Batavia is really sought after right now,” he offered. “Batavia is a hot commodity between Buffalo and Rochester; people will come to Batavia.”

He also suggested placing the restaurants in areas where special use permits aren’t necessary, mentioning the Kmart building, property on Route 5 and land that he has for sale at the BJ’s Plaza on the south side of Lewiston Road.

Arena called out “the internet cowards” who say he is worried about competition.

“Oh, that’s really funny,” he said. “I’ve been in business since 1976. I’m not worried about another commercial business. I'm worried about the government more than anything. The government can put me out of business and they seem to be working at it.”

He said the “other swipe” at him is that he is mad because Benderson isn’t looking at the property he has for sale.

“My land for sale doesn’t need any zoning permit. It's at the intersection of Lewiston Road and Veterans Memorial Drive. It's in the BJ’s Plaza,” he said. “All the traffic will be regulated by the traffic light. It’s visible from Lewiston Road -- part of the BJs Plaza. And it’s for sale and doesn't require any kinds of permits.”

SAFETY IS A BIG ISSUE

Planning Board Chair Kathleen Jasinski interjected that a traffic study will be available for review before the board’s next meeting, and stressed that safety is a concern.

Arena said his premise is based on the fact that the former Kmart building is available.

“You can sit here all you want and say, ‘Well, we're filling a vacant parking lot. No, no, the parking lot isn’t vacant, the building's vacant.”

He said he disagrees with Benderson’s position that the project will improve the area and won’t result in a substantial increase in traffic above present levels.

“I don't see how that's mathematically possible,” he said.

Reading from an report in the application, Arena asked, “Are there any pedestrian accommodations or bicycle routes available at or near the site of the proposed action? Check mark, Yes. I don't see any sidewalks bicycle routes. Maybe I'm missing them. Maybe Matthew (Oates) can show me where he bicycle routes are."

“I see babies – two in one day. One in a wagon, getting pushed in the street and one in a stroller. And then you get your handicapped people. They’ve got their flags, and they’re driving their little thing. The mailman has got to be afraid of getting hit. At what (point) do we stop compounding? We've got a problem there.”

Arena said if Panera Bread, Popeyes or Starbucks want to locate in the town, there are spots for them other than the proposed site.

(A call and email to James Boglioli, Northeast director, right to build for Benderson, seeking the names of the businesses were not returned at the time of the posting of this story).

LEGAL ACTION A POSSIBILITY?

While hoping that the planning board votes against issuance of the special use permits, Arena said that he is prepared to take legal action to try and stop the project.

“There's a possibility that if you go through with this, I will file an injunction,” he said. “I've done it in the past and am familiar with that -- with Benderson putting BJ’s Plaza in a residential area, I fought it. I fought the good fight. I lost.”

He said he cares about the citizens of Batavia and reiterated that “it’s just a bad idea.”

Contending that zoning codes were adopted “with the purpose of protecting and promoting public health and safety," Arena said he believes his lawyers would have a “pretty good shot” at stopping the proposal.

In closing, he said he “hates to see this happen when there are other options.”

“Let's make Batavia safe again. Get your ducks in a row,” he said. “If you do issue a permit, get sidewalks. People walking down to Walmart, any of those things. It's a nightmare. It's got to be the worst commercial development possibly in the whole Western New York, if not the whole New York. It’s dangerous.”

Photos from tonight's Town of Batavia Planning Board public hearing at the Batavia Town Hall on West Main Street Road. Top: Jerry Arena, owner of Jerry Arena's Pizzeria on Lewiston Road since 1976. Bottom: Matthew Oates and Katherine Rowe of Benderson Development. Photos by Mike Pettinella.

Previously: Benderson director gives some details, but keeps the names of the Kmart parking lot tenants to himself

With cost estimates running as high as $130 million for Phase 4 of the Countywide Water Project in the next few years, Genesee County legislators are jumping at the chance to use federal funds now to finance a Phase 3 construction initiative with the Town of Alexander.

The legislature’s Public Service Committee on Monday approved a resolution that forges an agreement with the town to install water transmission mains and a water storage tank as part of the formation of Water District No. 6.

The key component of the contract is that the county’s portion of the $11.2 million project -- $5,424,000 – will be paid by using some of the American Rescue Plan Act funding it received from the federal government.

County Engineer Tim Hens told the committee that the county will make two deposits into an escrow account that will be used by the Town of Alexander to pay the contractor as needed during construction. The county will monitor the work being performed and certify all draw requests by the town.

"The work will cover the northwest corner of the town -- every public road west of Route 98 and north of Route 20," Hens said. "We are running new water lines to the town, upsizing the mains to 12 inch for transmission and erecting a tower on Halstead Road to feed back into Batavia."

The agreement took a bit longer than usual to make it to the committee as attorneys for both parties had to ensure that the language complied with ARPA requirements.

As previously reported on The Batavian, the county will save $3.3 million in interest by utilizing ARPA money instead of having to bond the expense.

Two other resolutions pertaining to the Countywide Water Project were approved by the PSC, and forwarded to the full legislature:

• Change orders to a Phase 2 project with the City of Batavia wellfield – one with Frey Well Drilling of Alden to deduct $10,000 from the contracted amount and another with Villager Construction of Fairport to add $27,000 to the contracted amount.

Frey’s work involved Well C, while Villager is being paid for the additional work of cleaning and rehabilitating Well A.

The change to the Frey contract lowers the total amount to $137,900, while the change to the Villager agreement raises the amount to $421,000 and extends the contract time to complete the Well A improvement to this fall.

• A budget amendment increasing the Water Fund by $79,000 to cover anticipated expenses related to governmental relations contracts at both the federal and state levels through the end of this year.

In other action, the committee:

• Approved a request to include a 53-acre parcel off Harlow Road in the Town of Darien to Agricultural District No. 1 and set a public hearing on the matter for 5:30 p.m. on May 25 at the Old Courthouse. County Planning Director Felipe Oltramari advised committee members that the land does qualify under the guidelines of the New York State Agriculture and Markets Law.

• Approved the appointment of Batavia business owner Derek Geib to the Genesee County Planning Board to replace Richard Richmond II, who recently filled a vacant seat on the Batavia City Council. County planning board members serve on a volunteer basis.

From a men’s prayer breakfast to a pastor’s home, a YWCA meeting room and, finally, to a renovated movie theater, City Church has grown in size, stature and presence over the last 25 years.

That growth and existence was recently celebrated by the Batavia-based church community with a four-day celebration of family activities, an egg hunt with a special bunny, and an Easter Sunday service.

Senior Pastor Marty Macdonald saw the process as one of submission rather than a forced plan.

“That disappoints many people that, you know, are very goal-oriented … and I believe in all that, but I also sometimes believe that your dreams and your goals when submitted to the Lord, you have to be willing to allow him to move in that direction,” he said during an interview with The Batavian. “Because if you live long enough you find out life isn't always what you hoped it would turn out to be. And many times, if you entrust your life to God's process, he'll make it better than what you hoped or thought it would be.” 

And it was God’s process, he believes, that took a simple men’s breakfast to draw listeners to Macdonald and ask him where his church was located. “We don’t have a church” was his reply, and that served as the springboard to hold gatherings at the home of Macdonald and his wife Patti.That small group first met for an Easter Sunday service in 1997. Three or four years later, Rose Caccamise of Roxy’s Music Store then suggested to meet at YWCA on North Street, which is where the church settled until its numbers outgrew the space and a larger venue became available. 

In 2001, the church moved into the former Mancuso Theater on East Main Street. There has been another spurt of growth in 2016 with an expansion into the former St. Anthony’s Roman Catholic Church on Liberty Street, on the city’s Southside. 

From that first major step to set up at YWCA, Macdonald has reached out to his most reliable guide. He told Caccamise, “Let me pray about it.”

“I hung up the phone. It's kind of funny because I just felt really like the Lord saying to me, do I have to make it any plainer to do? So we did that,” he said. “We didn't have a sound system, and Rose, she gave us the sound system. She said whatever you can pay for, pay for it, because we weren't taking any money at the time; we just were getting together. So that's the formation of, you know, how we began, how it started.”

During an anniversary celebration talk last Thursday, he gave the analogy about a turtle on top of a fence post: you know he didn’t get there on his own, he said.

“And that's the way it is in my life and in the church as well, that a lot of people help,” he said.

One of his friends in Bellevue, Washington even inadvertently helped with the church name. Macdonald was at Dunkin’ Donuts mulling over possible names and thinking about his love for Batavia and the city community. It then came to him: City Church. The friend’s church had the same name so Macdonald asked if he could use it, and the reply was yes. City Church became incorporated as a not-for-profit. 

“You can see now, and going back to having goals and visions, my mind worked to that scale. But God, he had a bigger goal and a bigger vision,” he said. “Sometimes our goals and our dreams are much smaller than what God has for us.”

Church leaders pursued the theater once it came up for sale, he said, which was “amazing,” especially given the fact everyone was meeting at his home about four years prior. And then “we're moving into (the theater).”

“It was mammoth, you know, from meeting in your living room into a space to have 600 seats. And that was just a huge undertaking for us back then. But it's proved out to be an incredible place for church and for our multiple outreaches that we do on a regular basis,” he said.

The church has remained nondenominational — which isn’t to say Macdonald is “anti-denominations,” he said — as a community church with origins of being home-based, as early Christians had done. And as time has moved on, the congregation has grown under the tagline of “we do life together.”

“Because I'd hate to do it alone,” he said.

Part of doing life together includes his wife Patricia (Patti), and three sons, Benjamin, married to Amanda, and three children; Ryan, married to Samantha, and two sons; and Garrett, their youngest son. All of them help out at the church, and “I couldn’t have done it without any one of them,” the pastor said. Ryan assists with the ministry full-time and has developed into a polished and mature preacher, the proud dad said, and is doing “just a fabulous, fabulous job.”

“My family means just so much to me. And I'm just so grateful that they're all in church with me,” he said, adding that they all live in the nearby community. “And I'm just incredibly fortunate for that, I really am just fortunate.”

Macdonald credits son Ryan for taking the lead on repairs and revamping St. Anthony’s, plus activities such as open gym night and food distributions. 

“He's really just done a phenomenal job, turned that property around,” Macdonald said. “Just think of that. You know that St. Anthony's school was empty for 10 years. Nothing at the church for years … I walked in that church, there were pigeons flying through it. The school had holes in the roof, there was so much water running in there. And that's all been transformed. And largely, that's attributed to him and his gifting in that he's done an incredible job.”

The Generation Center, a large meeting and dining venue on Center Street, is another aspect of City Church, besides its many community programs. There are four weekly church services, small group sessions, open gym, activity night, game rooms, and food distributions every other week at St. Anthony’s for a crowd of up to 1,000 people. There are also celebrate-recovery groups and a food pantry. These programs have made “an incredible difference” to people in need, he said.

Macdonald keeps in touch with some of those needs as an active member on the Downtown Business Improvement District board, Community Justice Advisory Council and as a Notre Dame High School board member. He’s also been known to climb aboard a piece of equipment, say a forklift, and do what’s necessary. 

“And so we keep active in the community, and we love our city. We love the people that love our county or region. And I'm just really grateful for where we're at right now, really,” he said. “Now I really believe that God cares for the city, He cares for people. The Bible says ‘when the city is healthy when the city rejoices, people prosper.‘ And I really believe that, I see that in our city. I see our city greater now than I've seen it in the years that I've been there. 

“We're always going to have challenges. People are going to think things should be one way or the other. But where the city is at right now, where it's headed, I really think it's amazing to see the changes that are taking place.”

Editor's Note: Howard Owens contributed to this article. 

Top photo: Senior Pastor Marty Macdonald leads a service on stage at City Church in Batavia. Ryan Macdonald follows in his dad's footsteps as a full-time ministry assistant at City Church. Senior Pastor Marty Macdonald and members of the congregation participate in an Easter Sunday service at the East Main Street church. Photos by Howard Owens.

 

Marco Hernandez

Marco Antonio Hernandez, 22, if South Street, Le Roy, is charged with criminal sexual act 1st and rape 1st.  Hernandez was arrested and charged in relation to an incident reported at 11 PM on July 30 on South Street in LeRoy. No further details released. He was ordered held on $5,000 bail.

Peter Joseph Gravante, 33, of Swamp Road, Byron, is charged with bail jumping 3rd, Gravante is accused of missing a court date in Town of Byron Court. Gravante was given an appearance ticket and released.

Cameron Jacob Sokolowski, 29, of River Street, Batavia, is charged with bail jumping 3rd.  Following his arrest, Sokolowski was issued an appearance ticket and released.

Justin Micheal Conner, 29, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding, and failure to yield to an emergency vehicle. Conner was stopped at 12:56 a.m. on April 9 on Clinton Street Road, Batavia by Deputy Ewert Morgan. Conner was issued appearance tickets and released. 

Brenda Marie King, 57, of West Main Street, Batavia, is charged with petit larceny.  King is accused of stealing merchandise from Walmart at 2:39 p.m. on April 16. King was released on an appearance ticket.

Jamal Cineque Robinson, 19, of Gilbert Street, Le Roy, is charged with assault 3rd and obstruction of governmental administration. Robinson was allegedly involved in a dispute at 7:45 AM on April 14 at a residence on Gilbert Street. As a result of an altercation of a victim reportedly sustained a head injury. Robinson was a range in Town of Le Roy Court, an order of protection was issued, and he was released on an appearance ticket. 

Andrew Scott Lehman, 31, no address provided, is charged with DWI, driving with a BAC of .08 or greater, and failure to yield right of way on the left turn. Lehman was stopped at 6:50 PM on April 5 on East Main Road in Le Roy by Le Roy patrol officer John Ceneviva. He was released on traffic tickets.

Thomas P. Scanlan, 28, of Le Roy, is charged with driving while ability impaired/under the influence of drugs or alcohol, driving the wrong way on a one-way street, and driving in violation of a conditional license. Scanlan was stopped by a Batavia patrol officer on North Spruce Street at 7:40 p.m., Jan. 30, and arrested on April 9. He was issued traffic tickets and released. 

Jeffrey E. Schnettler, 50, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to use designated lane, and failure to keep right. He was stopped at 1:48 a.m. on April 9 on Pearl Street by a Batavia patrol officer. He was issued and released. 

Crystal A. Mounts, 44, of Batavia, is charged with petit larceny, conspiracy 6th, and failure to appear. Mounts was arrested on a total of six warrants out of City Court including ballistic chargers. Mounts was arraigned in City Court and released on her own recognizance.

Samuel R. Baudanza, 25, of Wyoming, is charged with criminal possession of a controlled substance 7th. Baudanza was arrested by State Police in connection with an incident report at 12:18 a.m. on April 16 in the Town of Le Roy. He was released on an appearance ticket. No further details released. 

Rodney W, Willis, 41, of Basom, is charged with assault 1st. Willis was arrested by State Police on April 14 in connection with an incident reported at 3:28 a.m. on February 20. He was ordered held in jail. No further details released.

Iverson M. Davis, 20, of Rochester, is charged with grand larceny 3rd and eight counts of possession of a forged instrument 2nd.  Davis was arrested on April 12 in connection with an incident reported on March 30 at 10 a.m. in the Town of Batavia. He was released on an appearance ticket. No further details released. 

The Genesee County Sheriff’s Office will be reassigning its courthouse deputy positions in light of news that the New York State Office of Court Administration will be providing its own security team this summer.

County Sheriff William Sheron shared this during an update of his department today at a meeting of the County Legislature’s Public Service Committee at the Old Courthouse.

“The Office of Court Administration that oversees the (Genesee County) Court Facility … did put us on notice that they're going to have their own private security take over,” Sheron said. “The court security (change) originally was going to be April 1^st, but that did not give us enough time for transition so they did agree to July 1^st. That means the five court officers -- deputies and sergeant -- will be returning to the sheriff's office and assigned to various duties.”

Sheron said the court positions will be eliminated through attrition.

“Right now, we have two vacancies and we anticipate a third officer will be retiring in July,” he said. “Another officer (will retire) at the end of the year and a third officer, the first part of 2023.”

He said the court sergeant will return to road patrol and be assigned as an administrative sergeant.

“I do need some type of position … to take up some of these administrative duties that just got overwhelming over the last few years with discovery and body cam footage and so forth,” Sheron advised.

The sheriff reported that four deputies will be completing field training next month.

Additionally, two deputies came to the department as lateral transfers from Syracuse and the State Park Police, which will save the office “a little money … as they came to us fully trained,” he said.

Two other deputies are in law enforcement academies, with one in Erie County to be available for duty in December and the other in Niagara County to be available for duty in February 2023.

At least a half-dozen officers are in other types of training, Sheron said.

“We do have a young staff so we have a lot of in-service training for investigators -- anywhere from basic criminal investigations training to evidence collection and interview interrogation,” he said.

Included in that group are the office’s K9 patrol, Sheron said, noting that “both of our canines are doing very well – healthy at this time and are on patrol.”

The Sheriff’s Office school resource officer program is running smoothly, he said, adding that Pavilion Central School District recently voted to go from a 12-month contract to a 10-month contract that will take effect in September.

Sheron said he is having to deal with the excessive amount of time that it takes to deal with certain crimes, especially fraud cases.

“Everything’s requiring a subpoena or search warrant,” he said. “Banks just want more records. It's really taxing on our investigators. I just want to bring that to light because we are seeing more and more and more of this.”

Statistically, deputies are seeing a dramatic increase in the number of warrants served.

“Usually, we have 170 to 190 active warrants at a time. Right now, we’re running 325 to 350,” the sheriff said.

Some more statistics, as of April 1:

• Felony investigations, 71.
• Juvenile investigations, 8.
• Drug task force investigation cases, 10.
• Other investigations (misdemeanors, pistol permit, fatal traffic accidents), 167.
• Items of evidence processed, 312.
• Incidents, 7,799.
• Background investigations, 11.
• Motor vehicle accident reports, 324.
• Motor vehicle accidents, 474.

The Sheriff’s Office oversees seven areas: jail, civil/records, criminal investigations, communications, road patrol (including animal control), Genesee Justice and Justice for Children Advocacy Center.

Department heads reported to the Public Service Committee in the following areas today:

COMMUNICATIONS

Emergency Communications Director Steven Sharpe said his department is having difficulty filling four part-time dispatcher positions, citing qualifications, the “plug-in” nature of the shifts involved and the hourly wage being offered.

“We’ve got people who are on the Civil Service list but they don’t want to take a part-time job,” Sharpe said. “So, they also tie up the list. Part-timers that we do get – who are on the list – we can’t reach them when a full-time position opens. There are other people ahead of them on the list that won’t take the part-time job.”

In an effort to attract young people into emergency dispatch, Sharpe is trying to develop a curriculum at Genesee Community College, but acknowledged that it has yet to take hold.

Sheron also noted that starting pay for a dispatcher is $20.37, less than the $20.50 being offered to overnight stockers at Walmart.

“And it’s not just law enforcement, it’s everywhere,” he said. “We’re going to have to start looking at wages.”

Other communications highlights:

• 2021 calls for service: 76,751 (consisting of 81,107 dispatch events for police, fire and EMS).
• Molasses Hill Tower is complete and was funded by four different NYS Statewide Interoperable Communications Grants. The final acceptance occurred in February.
• The Cedar Street Tower at County Highway department is significantly overloaded and will require replacement due to changing engineering standards. Ice loading requirements have been increased from a half-inch under previous standards to 1-3 inches. Sharpe is seeking budgetary quotes to submit a capital improvement project for 2024 at the latest.

COUNTY JAIL

Jail Superintendent William Zipfel said openings include a senior correction officer, part-time correction officer, registered professional nurse and, as of this month, six correction officers (four to replace the officers assigned to the new jail transition team).

He also said he has been unable to find someone to fill the part-time cook job (paying $17.32 per hour) for quite some time.

Expenses are going up significantly, specifically in the Medicated Assistance Treatment program, food, supplies and energy, Zipfel said.

The MAT program is straining the jail budget due to the fact that prescribed controlled substances, such as suboxone, cannot be returned for refunds and cannot be given to another inmate. They must be destroyed.

People come in and they get prescribed suboxone and methadone and all kinds of controls, and next thing you know, they're released. We can't send those back. We can't use them for anyone else,” he said. “We turn it over to an investigator and they get destroyed. And until somebody decides to do something about this program that says, ‘If I want it, I get it,’ I don’t know what we’re going to do. It just keeps increasing and increasing and increasing.”

Zipfel said the jail’s overtime budget is on the rise, as well, due to the “huge number of hours just for constant watches in the first quarter of this year.”

“I don't see that stopping or going down a lot. We're dealing with sicker population as far as physical and mental issues, and we have to put them on constant watch,” he said, adding that intervention by mental health professionals has helped.

Some jail statistics through the first quarter of 2022:

• Overtime Budget, $112,369.
• Constant Watch and Hospital Hours, 2,118.
• Food Costs/Meal Services, 15,799 meals served; $21,677.06 total cost; $1.3720 cost per meal.
• Average Daily Population, males, 55.6.
• Inmates Boarded Out, females, 30 inmates, $64,300 (not including Wyoming County).
• Inmates Boarded Out, males, 10 inmates, $25,140 (not including Wyoming County).
• Parole and State Readies as a portion of the Average Daily Population, 15.

GENESEE JUSTICE

Program Coordinator Diana Prinzi reported three part-time community service/victim assistants are needed, but the possibility of combining two of the part-time jobs into a full-time position is being considered.

Funding for the department through the Office of Victim Services decreased this year by nearly $14,000, dropping the total to $130,104 – the original funding amount released in 2019.

She said the office is requesting $181,917 per year for the new contract period that runs from Oct. 1, 2022 through Sept. 30, 2025. Department of Criminal Justice Services’ grant funding: has remained the same since 2019.

The agency’s program numbers in the area of Release Under Supervision, Community Service and Victim Assistance are increasing and expected to hit or exceed pre-COVID statistics.

JUSTICE FOR CHILDREN ADVOCACY CENTER

Program Coordinator Theresa Roth said her department is actively recruiting for a supervising clinical social worker, a position that has been vacant since it was created last November.

Last year was the busiest in the history of the JFCAC, she said, with 262 new cases opened, and this year is expected to meet or exceed that number.

A contract with the state Office of Children and Family Services for funding of the agency’s satellite offices in Albion and Warsaw has been renewed through September 2027, she said, noting that having these locations results in signficant savings for Orleans and Wyoming counties.

Roth also reported a “small cut in funding” from the state Office of Victim Services.

That drew the ire of Legislator Marianne Clattenburg, who called it “reprehensible” that the state would not prioritize services for abused children.

Photo at top: Genesee County Sheriff William Sheron reporting to the Public Services Committee this afternoon. Emergency Communications Director Steven Sharpe is in the background. Photo by Mike Pettinella.

A house fire is reported at 2 Willow St. in the City of Batavia.  

Smoke and flames are said to be pouring out of the side of the residence.

The occupant may not be home. 

City Fire responding.

UPDATE 3:44 p.m.: The correct address maybe 2 Walnut.  The caller confirmed 2 Willow three times on the phone. She plots to Walnut.

UPDATE 3:56 p.m.: The correct address is 2 Walnut Place.

UPDATE 4:19 p.m.: National Fuel and City code enforcement on location.

UPDATE 5:22 p.m.: City Fire back in service.

UPDATE 5:35 p.m.: Interim Chief Dan Herberger said the fire was contained to a single room but there is smoke damage throughout the house. The cause of the fire is still under investigation. One firefighter suffered a minor injury.

 

Local law enforcement have two people in custody after a larceny incident at a store on Veteran's Memorial Drive on Saturday afternoon. 

A black Honda Odessey minivan was attempting to evade police as it left the area of Veteran's Memorial Drive. This led to a short pursuit through the City of Batavia.

The pursuit ended at Porter Avenue and West Main Street when the minivan became stuck at the intersection due to the traffic on West Main.

According to local law enforcement, the driver of the minivan then fled on foot from the van and was later apprehended on Washington Avenue by Batavia patrol officers.

A female passenger remained inside the minivan.

Both are in custody.

The minivan was towed from the scene.

Story and photos by Alecia Kaus/Video News Service.

Willow Amherein dances in her rehearsal for a green screen video production during the final day, today, of GO Art!'s spring week-long art camp for children.

GO Art! offers art camps during school breaks -- winter and spring -- to expose children to as much art as possible.

Many of the classes during the camp were taught by guest artists. The artists included:

• Blanca Rodriguez from Avon, originally from Puerto Escondido, Oaxaca, Mexico. She demonstrated and helped the campers make traditional foods: tortillas, pico de gallo and a drink, agua de jamaica (Hibiscus flower "tea".)
• Womba Africa, a Ghanaian drumming and dance group from Rochester. Their leader is Quaye Odai, and two other members of the group came on Friday, Odai and Raymon. They came to the U.S. in 2019 and settled in Rochester. They perform for all kinds of community events, concerts and do assemblies or visits to schools.
• Grandmaster Yuanming Zhang, who earned international recognition for his expertise in medical qigong, internal martial arts, energy painting & calligraphy, practical application of the Yi-Jing, and remote energy healing. He did Calligraphy with the kids.

The students also painted and made 3D mosaics.

At the end of an interview, Mary Jo Whitman, education/SCR director for GO Art! as a group working at paintings on a nearby table, "What is art?" and Kashmarae Wissinger spoke up immediately: "It's everything!"

"That's right," Whitman said. "It's everything and that's the goal of our program."

Photos by Howard Owens

 

Jodi Fisher working with students on their green screen video projects.

Mary Jo Whitman mixing paint for a student.

Thera Sanchez helping a student with her art project.

Jarrett Coniglio

A 29-year-old man in Basom has been charged with attempted murder.

Jarrett C. Coniglio, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with three other felonies and two misdemeanors.

He was arrested after deputies responded to a residence on Sandhill Road on the reservation for a reported assault. 

He is accused of attacking a male victim with a knife causing serious physical injury. 

Coniglio was arraigned in Town of Alabama Court and ordered held without bail.

In addition to attempted murder 2nd, a Class B felony, Coniglio is charged with:

• Assault 1st, a Class B felony;
• Criminal possession of a weapon 3rd, a Class D felony;
• Intimidating a witness 3rd, a Class E felony;
• Criminal mischief 4th, an A misdemeanor; and,
• Menacing 3rd, a B misdemeanor.

The incident was investigated by Erik Andre, assisted by Sgt. James Diehl, Investigator Kevin Forsyth, Investigator Ryan DeLong, Investigator Howard Carlson, Investigator Chad Minuto, Investigator Joseph Loftus, Sgt. Mathew Clor, Deputy James Stack, Deputy Aryton Blankenburg, Deputy Ryan Mullen, and Deputy NicholasChamoun.

After a long career in the natural gas and oil exploration industry, Pembroke resident William Gerych is ready to put the “bright” idea he has been holding onto for a while into action.

Gerych and his wife, Mary Ann, attended tonight’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, seeking a special use permit for a home-based business: Creating and repairing neon signs.

“It’s something I’ve always wanted to do,” said Gerych, who has worked for Lenape Resources, Inc., of Alexander for the past 39 years. “I like bending glass and have learned that it is truly an art.”

He said he spent six weeks learning the craft in a one-on-one training session with Howie Cohen, owner of Just Neon in Utica.

Gerych said neon sign repair is a “dying industry” because there aren’t a lot of people specializing in the vocation, but believes there is a market for it. His business plan is to advertise through the internet and to contact stores and restaurants that either sell or display the signs.

The planning board, understanding that Gerych will work out of his pole barn-style garage behind his house, recommended approval of the special use permit request with the stipulation that storage and disposal of any hazardous materials must comply with state and federal regulations.

In other action, the board recommended approval of:

• The downtown design site plan for a new façade at 35 Batavia City Centre for the Batavia Players’ Main Street 56 Theater;

• Site plan of additions to two office buildings under construction on the Gateway GS LLC (Gallina Development) site on Call Parkway. One building is going from 22,200 square feet to 30,000 square feet and the other is going from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet;

• Site plan for a 55- by 70-foot addition at O-At-Ka Milk Products on Ellicott Street Road, a project known as a MaCC Room Expansion.

Kristopher Robert Almeter, 34, of Union Hill Drive, Spencerport, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, and drinking alcohol in a motor vehicle. Almeter was arrested following an investigation into a motor vehicle accident reported at 9:01 p.m., April 11, in the area of 7405 Reuben Road, Tonawanda Indian Reservation.  The accident was investigated by Deputy Zachary Hoy. Almeter was released on appearance tickets.

Jordan Alexander Brown, 20, no address provided, is charged with criminal mischief.  Brown is accused of damaging the property of another person. The damage was reported at 4:59 p.m., April 13, at a location on Lewiston Road, Alabama. He was issued an appearance ticket.

Beth Ann Jeffres, 40, of Pavilion Warsaw Road, Covington, is charged with filing false instrument 2nd. Jeffres is accused of providing a false supporting deposition on March 21 at a location on School Street, Batavia.  She allegedly provided another supporting deposition on April 7 recanting her original statement. She was released on an appearance ticket. 

James Joshua Preedom, 37, of West Main Street, Batavia, is charged with harassment 2nd. Preedom is accused of harassing a person at 6 a.m., April 8, at a location on West Main Street, Batavia. He was arraigned in Town of Batavia Court and released on his own recognizance. 

There’s only one way to say it: the big one is back, John Bowen says.

After a two-year break, the annual Mammoth Sale will be a treasure trove of assorted goodies to benefit St. Joseph’s School, Bowen said Wednesday to The Batavian. The sale that’s grown so enormous for any words other than “Mammoth” will return for the public on April 21, 22 and 23 at the elementary school at 2 Summit St.

“It’s going to be different this year,” Bowen said. “On Wednesday (April 20), we’re having a special promotion day, it’s a special thank-you for all of our supporters.”

All emergency responders, fire department, law enforcement, hospital employees, stores that have donated goods and related office staff from Genesee, Orleans and Wyoming counties are invited from 7 a.m. to 8 p.m. on Wednesday to shop with a 50 percent discount. 

There will be plenty to choose from on all four days of the event, Bowen said, with collections of lamps, dining and living room chairs, flower and terracotta pots and “really nice kids’ toys,” including a large puppet stage, picnic tables, a work bench, sandbox, assorted toys and chairs and a Thomas the Train set-up. 

Other items include women’s purses, hand-painted furniture, a Xerox work center 7535, Mason jars with covers, antique bottles of varying shapes and colors, soda fountain sundae cups and some 12 feet of appliances — brand new still in the box — such as coffee and waffle makers. A table of gift baskets, a “huge furniture section” and knick-knacks, dishes and paintings round out the offerings laid out in the school cafeteria. And while in the cafeteria, shoppers may want to nibble on a little something, perhaps the homemade soup, wrapped baked goods, freshly made popcorn, doughnuts, or a slice or two of pizza.

Bowen and fellow co-chairpersons Mary Barbeau and Norm Argulsky are grateful for the donated food items from Tim Horton’s, Ficarella’s, Main St. Pizza Company, Cinquino’s and Pizza 151, and gift basket items from many other local businesses. 

Some of the COVID-19 protocols are still in place, and a small core of volunteers are ensuring that everything is being done right, Bowen said. That means cleaning, wrapping, containing, serving and ensuring that sale and food items are safe. Before the pandemic hit, there was a stage of clearance items for 75 percent off, and that will return for this event. Although the cafeteria can accommodate a couple of hundred people, staff will be monitoring the area to make sure it doesn’t get too congested with foot traffic, he said. 

As a longtime volunteer for nearly 18 years, Bowen has watched the event become an ever-improving one. “COVID threw us a curveball,” he said, adding that he and his co-chairs have had to adjust to new ways of doing things. 

Donations have been slower than usual so far this year, he said, and he encourages donations of “almost everything,” which now includes clothing. Pick-up of larger items may be possible with advance arrangements, and donations can be dropped off at the school’s annex throughout the year.

Bottom line for the Mammoth sale is that “every penny goes to the school,” Bowen said. All proceeds go to St. Joseph’s School to help with emergency funding, which may be anything from a roof repair, electrical issues and equipment needs to bus expenses for a student field trip. The goal this year is to raise $10,000, which is “a realistic goal,” he said, given the items up for sale. 

Hours are 8 a.m. to 3 p.m. Thursday (April 21) noon to 8 p.m. Friday (April 22) and 8 a.m. to noon Saturday (April 23). For more information, call (585) 297-7629. 

Top photo: The Mammoth Sale is filled with several items big and small, from dishes, paintings and children's toys to furniture and household appliances. Co-chairs John Bowen and Mary Barbeau review the items list, various displays of goods are being prepared for the sale, co-chairman Norm Argulsky prices items, co-chairwoman Mary Barbeau sets up a display, all at St. Joseph's School at 2 Summit St., Batavia. Photos by Howard Owens. 

The Genesee County Legislature issued three proclamations at its meeting Wednesday afternoon at the Old Courthouse -- National Public Health Week (April 4-10), National Public Safety Telecommunications Week (April 10-16) and Animal Care and Control Appreciation Week (April 10-16).

Legislator Gregg Torrey, left, reads from the National Public Health Week proclamation as Brenden Bedard, Public Health deputy director, looks on. The decree asks residents "to observe this week by helping our families, friends, neighbors, co-workers and leaders better understand the value of public health and supporting great opportunities and to celebrate public health’s accomplishments in light of this year’s theme, Public Health is Where You Are.

Legislator Chad Klotzbach presents the National Public Safety Telecommunications proclamation to, from left, Dispatcher Shelby Turner, Assistant Director Frank Riccobono, Director Steven Sharpe and Sheriff William Sheron. According to the proclamation, "Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; they work 24/7 and have one of the most stressful jobs in America, and (the legislature) takes great pride in honoring the men and women whose diligence and professionalism keep our county, citizens, and first responders safe."

Dog Control Officers Catherine Seward, left, and Sarah Fountain accept the Animal Care and Control Appreciation Week proclamation as Sheriff Sheron and Legislator Gordon Dibble look on. The decree states that animal control officers "are compassionate and committed individuals who serve to protect animals every day by enforcing laws pertaining to their treatment, and (the legislature) takes great pride in honoring the officers whose dedication and professionalism protect the welfare of helpless animals and pets within our county."

Submitted photos.

Zachary S. Natale is indicated on a count of burglary in the second degree, a Class C violent felony, and two counts of grand larceny in the fourth degree, a Class E felony. Natale is accused of entering a dwelling on Elm Street in the City of Batavia on May 7, 2017, with the intent of committing a crime in the dwelling. He is accused of stealing firearms, including a Savage Arms A17 bolt action, Savage Arms Axis .223, Kel-Tec .556, and a Marlin Firearms 3030 lever action. He's accused of stealing property with a value in excess of $1,000.

Kenrey D. Benjamin is indicted on two counts of burglary in the first degree, a Class B violent felony, a count of criminal possession of a weapon in the third degree, a Class D felony, and attempted assault in the first degree, Class C violent felony. Benjamin is accused of knowingly entering a dwelling, an apartment on Lake Street in Le Roy,  without permission and remaining in it on Oct 17, with the intent of committing a crime in the dwelling and of causing physical injury to an occupant of the dwelling. He is accused of using a knife against another person. He is accused of attempting is permanently disfigure another person.

Marcus T. Hill is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony. Hill is accused of driving a 2006 Hummer HU3 on Clinton Street in the City of Batavia when he knew or should have known that his privilege to drive had been suspended or revoked on at least ten separate dates.

Jaequele M. Tomlin is indicted on counts of criminal mischief in the third degree, a Class E felony, and harassment in the second degree. Tomlin is accused of damaging the property of another person, a television and television stand, on Nov. 4, at a location in the City of Batavia. Tomlin is accused of having physical contact, or threatening to do so, with another person in an attempt to harass, annoy, or alarm the other person.

Thomas J. Wolcott is indicted on a count of criminal contempt in the first degree, a Class E felony. Wolcott is accused of violating a stay-away order of protection while on Central Avenue, City of Batavia, on Oct. 28.