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Newly elected school board President John Marucci (pictured above) was happily surprised by some guest visitors Monday evening.

Groups of primary, intermediate, middle and high school students attended the Batavia City School board's meeting to honor members for School Board Recognition Week. 

"It was great being recognized for being a member of the Batavia City School District Board of Education," he said to The Batavian Tuesday. "It was awesome to see all of those students at the meeting last night. We had students from Jackson do a cheer, JK students read personalized letters of appreciation, students from BMS thanked us, while a student from BHS read a lovely thank you card."

It was likely one of the biggest turnouts for a school board meeting. Students also presented the board with a Certificate of Appreciation.

The New York State School Boards Association recognizes October 17-21 as School Board Recognition Week in order to "promote awareness and understanding of the important work performed by local school boards." 

Superintendent Jason Smith was in on the secret visit and introduced the group to board members. The current 2022-23 board includes Marucci, who was elected in July along with Vice President John Reigle, Alice Ann Benedict, Barbara Bowman, Jennifer Lendvay, Chezeray Rolle and Korinne Anderson.

“Our schools are the bedrock of our Batavia community,” Smith said. “Our Board of Education members devote countless hours, make important decisions, and are committed to keeping BCSD operating at a very high level. Their dedication to accountability, transparency, and to our community is inspiring. We thank them for their service.”

The group is just beginning to work on the 2023-24 budget, and will continue to do so during the next few months, he said.

"That will be a priority moving into the New Year," he said.

For more information on the BCSD Board of Education, click here. 

Photos submitted by Batavia City School District.

Tarrence Williams

A Batavia man who already admitted to a drug-dealing-related charge wants the chance to withdraw his plea so he can perhaps bargain for a prison sentence that includes a gun possession arrest on Sept. 30.

Tarrence Yuron Williams, 22, asked for a new attorney in County Court today saying he was dissatisfied with the representation provided by Public Defender Jerry Ader.

Judge Melissa Lightcap Cianfrini granted Williams' request to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea, which occurred before the second alleged gun possession charge following a "shots fired" incident on Ellicott Street in Batavia.

Williams was arrested in December and charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  

He later entered a guilty plea to attempted criminal possession of a controlled substance 3rd.

A drug possession charge in the third degree means authorities believe you possessed enough narcotics to sell, not just what you need for your own consumption.  It doesn't mean the defendant was caught in the act of selling drugs.

Then on Sept. 30, while Williams was awaiting sentencing on the drug charge -- that was supposed to be today -- police responded to Ellicott Street in Batavia for a report of shots fired and a man running from the area.

Sgt. Dan Coffey spotted a man on the Ellicott Trail between Jackson and Evans streets, and the man ran so Coffey chased him.  The man was later tackled in a grassy area next to Court Street, and later a weapon was recovered under bushes near M&T Bank.

Williams was charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor, and jailed on $50,000 bail.  He remains in custody.

He asked to be released under supervision so perhaps he could find his own attorney, mentioning Thomas Burns as his preference. He wanted to know if there was a way to have Burns assigned to him through the assigned council program.

Cianfrini said the assigned attorney program will assign the next attorney in line and available, not necessarily the attorney of his choosing.

She said he could get friends or family to contact a retained attorney if he didn't want an assigned attorney.  

He would have to pay for a retained attorney.

Matthew Zakrzewski

It was one of the most significant sentences she's ever given out as a judge, Melissa Lightcap Cianfrini told convicted arsonist Matthew Zakrzewski right after telling him he was going to prison for 10 years.

Ten years was the maximum Cianfrini could give to Zakrzewski under terms of a plea agreement.

In August,  Zakrzewski admitted to arson 2nd and arson 3rd.

If a slip of the tongue is any indication of what was on her mind, she would have sent him to prison longer.  

She sentenced him to 10 years on the arson 2nd conviction and then said she was sending him to prison on arson 3rd for 7 1/2 to 15 years.

A couple of minutes later, she caught her mistake and amended the arson 2nd term to five to 10 years.

Cianfrini called Zakrzewski a danger to society.

"The system needs to have you under supervision for as long as possible to ensure society's safety and security," Cianfrini said.

Both sentences will run concurrently.  Zakrzewski also faces five years on parole once he's released.

Part of Cianfrini's reasoning includes Zakrzewski's lengthy criminal record, which she characterized as escalating in severity, including a DWI and an assault, along with his failure to abide in the past with terms of his release.

She acknowledged Zakrzewski's substance abuse and mental health issues but told him he should use his time in prison to rehabilitate himself. 

"Prison can't make you do anything," Cianfrini said. "They can't force you to take classes. They can't force you into counseling.  It's up to you to do those things on your own."

The 42-year-old Batavia resident admitted to starting a fire at Washington Towers on Jan. 16, among other crimes on that date and preceding days.

The fire caused more than $10,000 in damage (Zakrzewski was ordered to pay restitution) but District Attorney Kevin Finnell said it could have been much worse.

"We were moments away from a disaster," Finnell said. "There's no excuse, reason, substance abuse, mental health issues, that can excuse starting that fire in an apartment building filled with older residents who could have lost their lives."

Defense Attorney Fred Rarick pointed to Zakrzewski's long history of mental health issues and a system, he said, that hasn't done much to assist him.  He asked for a five-year prison term.

Zakrzewski apologized for his actions and admitted his struggle with drug and alcohol abuse.  He said what he did at Washington Towers wasn't really who he is.

"Thank God, nobody was seriously hurt or killed," Zakrzewski said.

Apparently, recycling has its nasty side.

At least, that’s what Recycling Administrator Peggy Grayson discovered during this year’s hazardous waste collection.

“Hopefully none of you had screaming, yelling people. We did at the County Highway Department,” said Grayson for her GLOW solid waste annual review this week. “We booked more than we normally do. And we did have long lines. But a lot of that was because of the new paint stewardship law. And we were taking latex where we wouldn’t before, and we couldn’t in the past," she said during Monday's Public Services meeting. "So our vendor had to keep anything on that list. And it’s pretty comprehensive. They had to keep that separate, and it had to be packed a certain way.

"So we kind of had lines down both sides of Cedar Street. I had to go direct traffic, because people weren’t letting people come in from Route 5 and turn left, and they weren’t taking turns," she said. "And there were some very nasty people.”

Grayson is hoping that a new arrangement for year-round drop-off sites will alleviate the high volumes during the waste collection in Genesee County every two years. The GLOW paint recycling program allows folks to dispense of up to five gallons of paint at:

• Sherwin Williams, 16 Liberty St., Batavia
• Crocker’s Ace Hardware, 8457 North Street Rd., Le Roy
• Sherwin Williams at 4176 Lakeville Road, Geneseo

They are encouraged to call the site beforehand to ensure it will take the type of paint they have.

During her annual review of the GLOW Region Solid Waste Management Committee, Grayson listed the various services provided, including a farm pesticide collection program, which began in 1995 and has been conducted annually. This collection is for disposal of household chemicals, cleaning products, vehicle fluids and other similar materials.

The 2022 collection was in September in Batavia. Of the 470 participants, 268 were from Genesee County, she said. The program is funded by county contributions and an expected state Department of Environmental Conservation grant that funds half of eligible expenses.

A separate electronics collection, held one week later in Batavia and also by appointment, had an attendance of 361 people, of which 240 were from Genesee County.

“The value of these programs is in minimizing the potential contamination of area wells, streams and aquifers,” Grayson said in her report. “The 2023 household hazardous waste collection will be held in Livingston County. Because of changes to the State Electronic Recycling Law, it may not be possible to hold electronics collections in the future.”

Other efforts include an emphasis on composting, providing technical assistance to other municipalities in the region on “a variety of solid waste-related topics,” she said, and fielding calls from individuals, businesses and other entities.

“GLOW provides technical assistance to businesses, institutions and residents on an as-requested basis. These requests are normally made through GLOW’s Recycling Hotline and consist of questions on how to dispose of trash, hazardous materials or other items,” she said. “These callers are often referred to contractors and haulers in the region and/or are told about GLOW programs, such as household hazardous waste or the materials exchange programs. Staff normally fields from six or more calls per week or more, concerning household hazardous waste disposal.”

The GLOW staff currently consists of a single person, which is Grayson. GLOW’s payroll and invoicing is performed by an employee of Genesee County’s IT Department at no charge, and in the spring of 2021 three funding counties — Genesee, Livingston and Wyoming — agreed to renew an Intermunicipal Cooperation Agreement for the calendar years of 2022 and 2023.

As a result of that agreement, the Genesee County contribution was reduced from $27,000 per year to $25,805, a reduction of $1,195, or 4.4 percent. The contributions will remain at those levels in 2022 and 2023, she said.

For more information about recycling, go HERE  or click on PaintCare for details on the paint recycling program.  

Although contractors for the new Genesee County Jail have been abiding by OSHA requirements, the construction site had an incident with one worker this past month, Carl York says.

York presented a monthly update Monday to the county’s Public Services Committee. From the large — utility infrastructure and the building’s footprint — to more minute details of cell accessories, they were being completed one by one, he said. And occasionally, accidents happen.

“A contractor twisted his arm while drilling,” said York, senior project manager for The Pike Company. “There was no doctor visit, no lost time. So we’re just treating it as a first-aid case.”

Many items on the construction to-do list have been completed by 98 percent, but some supply chain issues will cause a delay of the precast (a premade concrete form of a structural element for the building) from December of this year to January 2023, he said.

A visit to a neighboring jail facility seemed to be a validation that many aspects of Genesee County’s new jail are on track with what has worked in Greene County, he said.

“It was very informative. We learned a lot of stuff. We talked to the maintenance people about things they like and didn’t like. “But (the county’s architect) had already put most of the lessons learned into your design that the transition team had met with previously,” he said. “So it was, for us, the learning was all very positive.”

Aside from losing seven days to rain, the project is still on course for completion in spring 2024. Masonry work has been started, with about 5 percent completed, he said, and will continue until a steel shipment arrives for another phase of construction.

He showed some areas that were near completion, including a cell mock-up that his team inspected.

“There were very, very minor quality control issues,” he said. “The biggest issues we saw were some of the sharp points that were still left on some of the stainless steel, which is the sink and toilet. And then they also found the mirrors and the grab bars,” he said. “So we were pretty thorough, running our fingers over everything just to make sure there’s not a sharp point."

He had a feeling that further inspections will cause those items with sharp points to be removed and fixed. He marveled at how smooth and shiny a steel mirror was — the reflection was like a regular mirror, he said. There was other good news as well, he said.

“We did hit one of the milestones, which is getting all of the foundations complete for the Admin Building and for the pods. So that's 100 percent complete and finished … three days ahead of schedule, so that was good,” he said.

Construction began in May next door to County Building #2 on Route 5 in the town of Batavia. The 184-bed facility has a total contractor cost of $57,272,800. A target completion date has been set for March 2024.

Go HERE for prior coverage. 

Carl York, senior project manager for The Pike Company, shows photos during the county's Public Services Committee meeting Monday at the Old Courthouse in Batavia. Photos by Joanne Beck. Editor's note: The Batavian has requested the report with photos.

Many businesses have found it hard recently to staff their operations, and now one restaurant's inability to find a cook has forced it to close its doors.

Sweet Betty's owner Gabrielle (Gabby) Keister said her restaurant is closing because of kitchen staffing issues.

"We’ve been looking for a cook for over a year, part-time or full-time," Keister said. "We are done trying to beg people to work."

Restaurants across the nation have been struggling with staffing since the shutdown at the start of the pandemic. The National Restaurant Association estimates nearly a million workers have left the industry.

The Department of Labor has not yet released September's unemployment rate, but in August it was 3.0 percent in Genesee County with only 900 people considered unemployed.  

Genesee County's unemployment rate has remained below 4.0 percent since September 2021.

Sweet Betty's opened in 2020 at 15 Main St., Le Roy, during the pandemic.

In a social media post, Keister said, "Who would have thought we’d make it through, and so successfully? It was because of your (customers) continuous patronage that this was possible."

For those who have gift certificates, she said, customers can stop by on Friday from 4 to 6 p.m. with gift cards for a refund or to buy hard ice cream -- 25 flavors to choose from.

She said Sweet Betty's will participate in the Winterfest on Dec. 3.

"We will have Santa and Mrs. Claus and the second annual “Maddie Master’s Pay it Forward” one-mile walk, as well as luminaries and a walk to the tree-lighting.

"Thank you for making the past two years a lot of fun," she told customers. "We will always remember all who supported us during our venture!"

Previously: From burgers to cheesecake, new Le Roy restaurant is a sweet addition

Photo: File photo by Howard Owens of Gabby Keister, her husband Scott Keister, and their son Scott (on left).

Joseph Applebaum was surprised when a survey he and fellow filmmaker Stu Maddux put out to 3,000 friends and acquaintances came back with an unexpected winning topic.

While they thought that it would be something about transgender or LGBT issues, the most popular concern for folks was something much more universal.

“By two to one, it came back to social isolation and loneliness. So once we got over our shock, we thought, okay, we better look into this, because we don't know anything about it,” Applebaum said by phone during an interview from San Francisco. “And we started doing serious research, as we do. And we realized what an important subject this is, and how it literally can affect anybody. It is not an easy group that’s affected that you're trying to bring attention to, this is something that, you know, everybody on this planet, whether they want to admit it or not, does feel periods of loneliness and being isolated. So we pursued it.”

And, as it happened, he and his work and life partner discovered that they, too, had become isolated at their home-base office. While the film is not about Applebaum, it seems to serve as a testimony that the topic can be insidious enough to hide from the very people investigating it for a documentary.

“And of course in pursuing it, we realized very quickly that we were lonely and isolated,” he said.

He and Maddux produced the film “All the Lonely People,” which will be presented at 3 p.m. on Nov. 2 at Genesee County Office for the Aging, 2 Bank St., Batavia. Space is limited. Call (585) 343-1611 to reserve your seat.

The film falls right in line with the types of projects Applebaum and Maddux produce, dealing with genuine topics of social, personal, and lifestyle significance. Yet all the while, the couple fell into what they later learned was a familiar trap: moving to an area where they didn’t know anyone, focusing on work, staying at the home base with little personal interactions with the outside world, and eschewing groups for a diligent career mentality. That left them together — but alone.

Being married or in a relationship with someone doesn’t exclude loneliness and isolation, Applebaum said. People need additional support besides that one person in their lives, he said.

Through his research and connection with Age UK, a charity agency founded in the United Kingdom to help older people make the most of their later lives (The UK is a place far more advanced with a focus on this topic, he said), Applebaum found resources and seven suitable candidates to interview and trail for updates and progress on their loneliness journeys.

Although COVID really set everyone back in terms of social distancing, Applebaum was ahead of the times by initiating this film in 2018. By 2020, when the pandemic shut most operations down, his team had completed 90 percent of the film content. They then had to assess whether to just finish it or continue on. He knew it wouldn’t be the film that it could be just yet, so interviews were conducted on Zoom.

While it seemed a bit impersonal, talking via electronic devices was exactly what COVID had created, so it also seemed very real, he said.

“We liked the disconnectivity of Zoom,” he said.

They packaged tiny cameras and microphones and sent them to subjects to set up themselves. The film crew also directed the subjects over Zoom so they knew how to capture their interviews and comments. Subjects were all over the world, from Tokyo and Alaska to Australia and the UK, where 40 percent of the film was made.

“They’re way ahead of the curve in recognizing the seriousness of loneliness. They really are at the forefront of the subject,” he said. “Here, everything is so political.”

So how does loneliness affect people? Certainly, depression was a big one, and at least one subject admitted to drinking a lot of alcohol to cope. Others felt trapped by financial constraints, he said, and not being able to go anywhere due to having no money for gas. To sum it up, “it was a lot of different things,” he said.

Applebaum is a California native who is producer and CEO of The Clowder Group. He and Maddux left mainstream television and Hollywood “in the dust” years ago in search of “the next film” that actually meant something to them.

“We’re blessed with a lot of people who use our films,” he said, listing government, educational and health agencies as examples. He and Maddux have embarked on a New York statewide “community impact campaign” regarding their film, and it is being shown at several locations, including in Batavia.

Subjects for the film participated in candid interviews, in which they revealed their situations and — as time elapsed — how they attempted to get themselves out of the isolation holes they were in. Related materials have tips for ways to combat an isolated life, and Applebaum and Maddux used some of them — joining groups, getting out of the house more often — to a successful outcome.

The response to the film has been “phenomenal” so far, Applebaum said, and it’s only just the beginning of the release.

“And as you know, we're doing this big tour of New York State, which is fantastic. We have other opportunities to do similar tours in other states,” he said. “We've shown the film to a joint session of Congress. We have the possibility of showing it to European Parliament, and we're just getting started.”

OFA’s Director Diana Fox said that the state’s Office For the Aging provided her agency the opportunity to be part of the film tour, which has been set for next month.

“We are thrilled to be able to offer the viewing here in Batavia and have the filmmakers available as part of our panel discussion following the film, which will be streamed to Monroe County. Our county is not unique with having our citizens experience isolation and loneliness that, in part, due to the pandemic became even more apparent,” Fox said. “We heard frequently from people in our community just how isolated and alone they felt.  Our OFA worked very hard to provide connection during this time of crisis and is continuing to work hard to help create connection for people.”

The OFA works primarily with  people 60 and older, and their caregivers, she said; however, “loneliness and isolation do not solely impact this group.”

“This is an issue that impacts many people throughout their lifespan and can have a negative effect on the health and well-being of all of us,” she said. “We thought that it would be a wonderful opportunity to bring people in our community, of all ages, together to have an event that can spark ways to overcome loneliness and isolation and help create connection.”

The presentation will include interviews with Julianne Holt-Lunstad, professor of psychology and neuroscience; Dr. Carla Perissinotto, geriatrician, social isolation and loneliness researcher; Michelle Lim, scientific chair; and Janet Morrison, co-founder for the Campaign to End Loneliness. A project that was built on hope, it "shares the latest research and interventions for individuals and communities and leaves audiences feeling empowered and reconnected," the filmmakers said.

Speaking on behalf of himself and Maddux, Applebaum shared what they hope to impart with this project.

“We want people to recognize that this is an issue, a growing epidemic that can affect anybody at any time in their lives. And it is not weakness to admit that you get lonely. It just isn't, you know, it's very hard sometimes for people, especially men we have found, to admit that they're lonely because they view it as a sign of weakness,” he said. “But those that do, and can realize that they're not alone, and this is a normal thing, are the ones that can then easily find solutions and pull themselves out of it. So that's what we hope, that people will see it. It's not this big, scary thing. It happens to everybody. And there are things you can do to get out of it.”

Some of the “Loneliness Life Hacks” suggested include: 

• Maintaining a positive outlook 
• Reaching out to others early when feeling lonely
• Acceptance of one's life circumstances or situation
• Telling others you are feeling lonely today
• Motivating yourself to move - change settings that keep you isolated
• Caring for an animal
• Stepping outside your comfort zone - trying something new
• Expressing gratitude 

For more, visit the Lonely People website.

Top two photos of Joseph Applebaum and Stu Maddux, respectively; film subjects Tony Westbrook, Ari Rossen, and Carol Hill. Photos courtesy of The Clowder Group. 

Raul Cruz

One of the two men charged with murder in the double homicide of farm workers in Alexander on March 11 had a hard time deciding whether to accept a plea deal that would have capped his prison sentence at 23-to-life.

The alternative, if convicted at trial, would be a possible sentence of life without parole.

Raul Cruz had multiple conferences over the course of the day with his attorney Fred Rarick but it was a family member sitting in the gallery who persuaded Cruz to take the deal.

"What are you doing?" asked a woman who later identified herself as the defendant's sister-in-law.

A few minutes before that question, Rarick had returned from a private meeting with Cruz and informed District Attorney Kevin Finnell that Cruz had changed his mind and would reject the plea offer.

Then Cruz came in, and in response to the woman's question said he didn't know what to do.

"It's hard," he said. "I don't understand. They're offering a deal on a case that's still under investigation. If it's still under investigation, how can they charge me?"

He was referring to an allegation that while in jail, Cruz paid money to an inmate about to be released to give a "blunt" (a cigar hollowed out and filled with marijuana) laced with fentanyl to a witness.

The potential witness tampering case could, on its own, be worth 25 years in prison.

Finnell had already explained in court that the investigation was paused when he learned Cruz was going to accept a plea offer but that it would be completed and Cruz would be charged if he rejected the plea offer.

"I think you should take it," the woman told Cruz.  "I'm just thinking of you."

Cruz was facing an indictment that includes first-degree murder and two counts of murder in the second-degree, arson, and petit larceny.  Pending charges include witness tampering and two possible counts of introducing prison contraband.  Cruz reportedly had a sharp object, or objects, in jail on one or more occasions.

The offer Cruz eventually accepted was a guilty plea to two counts of murder in the second degree, with a sentencing cap of 23 years to life on each count to run concurrently and a guilty plea intimidating a witness with any sentence on that conviction to run concurrently.  The plea would satisfy all other pending charges.

If the 18-year-old stays out of trouble in prison, he could be a free man in 15 years.

Cruz first appeared in court today just before noon and Judge Melissa Cianfrini thought she would be presiding over a hearing where Cruz would accept the plea offer only to learn that Cruz had yet to indicate to his attorney that he would accept the offer.

Cianfrini called for a recess of more than three hours to give Rarick and Cruz time to meet at the jail and go over the plea offer again.

When they returned to court, Rarick informed Finnell that Cruz was rejecting the deal, and then a smirking Cruz entered the court

When Cianfrini re-entered the courtroom, the hearing resumed, and she asked Cruz if he had made a decision.

Cruz said nothing for several seconds.

"I'm not going to accept it," he told Cianfrini.

After more conversation about sentencing parameters, there was a pause in the hearing, which is when Cruz and the woman had their conversation, with Cianfrini out of the room.

Cruz turned around, facing the front of the courtroom and whispered something to Rarick.  Rarick turned to Finnell and said, "He's going to take it."

Cruz turned to the woman and said, "I let him know I'm going to take it."

"Don't change your mind," she said.

"I think she's giving you wise advice," Rarick told Cruz.

When the hearing resumed, Cianfrini began the detailed recitation of the plea offer and what rights Cruz surrendered as part of the plea offer, including his right to a trial.

When it came to a discussion about Cruz giving up his right to certain appeals, such as challenging evidence that could be used to convict him, Cruz said he didn't understand, so Cianfrini allowed Cruz and Rarick to again discuss the case while she left the room.

From what could be heard of the conversation in the courtroom, it wasn't clear that Cruz -- who had told Cianfrini previously that he only had a ninth-grade education and had not completed his GED -- would not change his mind again but when Cianfrini resumed the hearing, he said he would agree to appeal waiver.

In the end, Cruz admitted intentionally participating in the murders of Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander, on March 11.

Prince Wilson, of Albion, is also charged in the double homicide.

Cruz will be sentenced at 1:30 p.m., Dec. 13. 

CORRECTION: The length of the sentence was corrected to 23 years.

Given the origins of scarecrows — a human-like figure stuffed with straw and placed in a field to discourage foraging birds — it seems only fitting that they would be popping up throughout Genesee County.

The makeshift crop guards have been used worldwide by farmers, and their very existence represents agriculture’s ingenuity to survive. As time has gone by, scarecrows have become much more commonplace off the field as well — used as wall, door, window, front yard and standalone seasonal decor.

A recent visit to Cambria, Calif. was a reminder that these creations have definitely ventured off the farm and into the land of one's imagination.

A walk down the main street in Cambria, within California’s stunning Central Coast, held delightful surprises with an ongoing scarecrow contest. Displays were done as individual scarecrows, and group scarecrows, dancing, talking and walking scarecrows, celebrity scarecrows, young and old scarecrows, even a horse scarecrow and bicycling animal scarecrows.

They were along the main drag, but also off the beaten path down side streets, around a quaint town museum, and at businesses and oceanside homes. Each one had a small attachment with a QR code for voting purposes.

Think that scarecrows don’t add much to commerce? Tourists were overheard saying that they had intentionally driven to Cambria to see the displays. First the viewing, then lunch, perhaps? Or shopping the clothing and trinket stores. For certain, scarecrows and related decor add to commerce. They were cute, scary, funny, interactive, and most of all — easy entertainment for those wanting to go out for a stroll.

Many of these events seem to be tied to Dia de los Muertos (Day of the Dead), a holiday that began in Mexico and is now celebrated throughout the globe with colorful skulls, skeletons and the like.

Despite its foreboding title, Day of the Dead is actually a celebration of life and of death — honoring those who have died. The event traditionally has a festival atmosphere, conducted between Nov. 1 and 2, and represents a dedication to the memories of loved ones with offerings, family gatherings, and visits to their graves. (GO Art! is hosting a Day of the Dead event on Oct. 22.)

Back to the scarecrows, they were certainly noteworthy, and photo-worthy in California. And so are the local ones in downtown Batavia. From cows and witches to chefs and artists, these scarecrows were made by individuals, businesses, civic groups, and Robert Morris, Jackson Primary and John Kennedy Intermediate schools. 

Batavia’s downtown area, represented as the Business Improvement District, has built a fine foundation for its scarecrow contest. There are 34 entries, and each one is on a pole of some type mostly on Main Street and a few side streets. Votes are being accepted online through Oct. 30.

While individual contests are great to have within each community, how awesome might it be to create a Genesee County scarecrow display? What better way to honor and recognize the efforts and struggles of this county’s farmers to keep the foragers at bay? (In this context, foragers may also include bad weather, early frost, and questionable farm labor decisions.)

Perhaps each community would be responsible for its own contest, but it could be promoted as a countywide effort. Imagine the buzz. This would also, of course, afford local artists several opportunities to lend a hand with the display set-ups.

This is nothing against the events of BID and Oakfield (Halloween decorating contest) — those are fun, festive happenings that absolutely add color, fun and intrigue to their areas. But sometimes, perhaps, we can also think more globally, and in this instance join forces and become a regional display of an agricultural symbol.

To vote for the downtown scarecrows, go to BID's Facebook page, Executive Director Shannon Maute said. 

Top Four Photos of a few of Cambria, California's Scarecrow Contest entries; and partaking in the display fun. Photos by Joanne Beck, last one by Howard Owens. Remaining photos of entries for the downtown Batavia Scarecrow Contest. Photos by Howard Owens.

In the ongoing quest to make good use of empty space inside Batavia City Centre, city officials are hosting a Saturday morning indoor market this year.

Set to run from 8 to 11:30 a.m. Saturdays from Oct. 29 through the end of this year, the market is to provide shoppers with an assortment of vendor goods for purchase. There will be spaces sectioned off within the concourse area, and it’s on a first-come, first-served basis, City Manager Rachael Tabelski said.

“We’re hoping people will come out on Saturday mornings to enjoy vendors inside City Centre,” she told The Batavian Friday.

Spaces are $40 per day, $100 for three days, and $150 for seven days. It is open to any Farmers Market vendor or anyone else who has goods to sell, she said.

The city will be issuing more details about the indoor market soon, she said.

Tabelski also shared this week that a redesign of the Centre entryways has been completed and will be put out for bid in the near future.

For more information, call the city manager’s office at 585-345-6330.

File Photo of the concourse inside of Batavia City Centre by Joanne Beck.

When Alondra Longoria moved from Texas to Elba with her parents and two brothers, she was a shy, quiet 19-year-old who spoke no English.

That was about three years ago. And oh, how things have changed for the soft-spoken young lady. She took English as a Second Language classes, graduated with a general education diploma, and is pursuing her citizenship and, most importantly, a future.

“It feels good. You have to have goals to keep going and know what you are going to do with your life,” the now 23-year-old said during an interview at the CORE Learning Center in Batavia. “We have to keep going, and no matter what happens, you have to keep going and complete your goals to be a better person, to learn and keep going with life.”

Nobody said it was easy. The former Alondra was an uncertain teenager who first moved to Texas with her farm-working mom and dad four years ago. They emigrated from Mexico mostly for financial reasons, she said, to earn more money and improve their lives. She left behind family members -- grandmas -- friends, and the only culture she had known.

And Alondra has encountered racism by being told to "go back to your own country."

"We are good people that work every day, and sometimes we work to get this country better too," she said. "Those things can hurt; they're not a good thing to say."

The family obtained green cards, and eventually opted to move across the country to Elba, a community rich in farming opportunities. Alondra’s aunt already lived there, so they had a connection to working the cash crop fields. Her parents get up each weekday to work in the fields from 7 a.m. to 7 or 8 p.m. five days a week, and a shorter time span on Saturday. Sundays are reserved for cherished family time.

Alondra worked at the Agri-Business daycare in Batavia until she learned about The CORE Learning Center. It offers adult basic education, high school diploma preparation, ESL, college prep and various other certification classes. A spacious classroom was waiting for Alondra at 1 Mill St., and she said she enjoyed working with the staff and students she encountered.

Adult Educator Amy Andrews clearly remembers those first days of seeing Alondra.

“At first we couldn’t get her to talk,” Andrews said with a suggestive laugh. “Now, we can’t get her to stop.”

Her student agreed, adding that “it’s a good thing.”

At first, her life in Genesee County was filled with the inability to read, write or speak any English. She communicated through her one older brother, Alejandro. But as time went by, those English lessons — filled with confusing and contradictory rules — began to make sense, Alondra said.

Although she had graduated from high school in Mexico, that isn't valid in New York State. So she studied for, and passed, a state general education test. She graduated with a diploma in December 2021.

She gave a stern glance to Andrews during the interview, indicating that some lessons were to be kept secret. They both laughed and shared anyway.

“Now that she talks more, she likes to argue with me,” Andrews said.

They encountered words that just didn’t translate from English to Spanish very well, she explained. So when discussing the word “toes,” Alondra argued that they are “foot fingers” according to her native language translation.

Adapting to America was a practical thing to do, Alondra said. “When you don’t have nobody that speaks Spanish, you have to learn it (English),” she said. “I was nervous and it was scary. I grew up speaking Spanish. I have to learn another language and communicate with people who speak with a different language.”

She was in an intimate setting of three classmates, two who spoke Spanish and one Thai-speaking person. They were provided with workbooks, in-person lessons, and a program they could study at home on a computer. Alondra, in turn, brought in homemade cakes to share with the class and staff. One of those yummy creations was a rosca de reyes, a ringed cake with a baby figurine baked into the batter, topped with fruit in the colors of the Mexican flag. Whoever gets the piece of cake with the baby inside has to make tamales for everyone. But Alondra didn't enforce that part of the tradition, she said.

Adding to her accomplishments of a diploma and ability to understand English, Alondra was awarded Student of the Year by the New York Association for Continuing and Community Education, a statewide agency that provides information and support for professionals serving the needs of lifelong learners.

Alondra is one of three recipients from this CORE branch, which covers Allegany, Genesee, Orleans, Livingston, Cattaraugus and Wyoming counties. There will be a presentation at a banquet on Oct. 25 in Albany. Yes, that means putting her new skills to work with an acceptance speech.

As one of the motivational phrases on the wall says, “you got this.” And she does.

“It means a lot to me that people have recognized some of the struggles I have overcome,” she says in her speech. “Four years ago I left my country, and with it, family and friends, behind. I had to start over in a new country without knowing the language. I moved to Texas, and then came to New York, and it was the best decision that I made.”

She found “very good teachers” at Literacy West, a subdivision within CORE Learning Center, and they helped her to complete many goals, including improving her speech and writing. That all led her to one end result, and a new beginning.

“I’m looking forward to learning sign language and starting a career in cosmetology,” she said.

She and fellow award recipients Jerry Finch from the Olean site and Jessie McCray from Warsaw will be accompanied by Literacy West NY staff to receive their awards and take a tour of the capital.

“These students have all experienced adversity and hardships that lead them to our program, and have persevered to reach their educational and occupational goals,” Executive Community Relations Coordinator Adrianna Seewaldt said. “We are proud of their accomplishments and truly believe that they will continue to achieve their future goals.”

For more information, go to CORE2learn.org.

Top Photo: Alondra Longoria, originally from Tamaulipas, Mexico, has become comfortable at the CORE Learning Center in Batavia after taking ESL lessons and graduating with her high school equivalency diploma; Alondra and Adult Educator Amy Andrews chat in the classroom at 1 Mill St., Batavia; Amy Andrews displays one of the lesson boards to incorporate English words into students' vocabulary. Photos by Joanne Beck. Submitted photo of Alondra with her diploma.

Rolling into autumn has meant more than the debut of colorfully decorated trees; it has also signaled the finale to several city street projects.

Public Works Superintendent Brett Frank reviewed the list of work at or near completion during this week’s City Council meeting.

As you may have noticed, Bank Street, Chandler Avenue, Ross Street and Richmond Avenue are looking pretty smooth these days with resurfacing done at those sites; and sidewalks have been — or will be by next week — installed along Seneca and Columbia avenues and Fisher and Chase parks, Frank said.

Richmond is still getting some finishing touches with new sidewalks and Americans with Disabilities Act-mandated ramps at each intersection, he said.

Councilman Bob Bialkowski asked why the pile of concrete and road debris was still in the middle of the parking area in front of the state School for the Blind. That material will be removed and the area cleaned up, Frank said, however, the city will not be repaving it.

The state Department of Public Transportation is responsible for any paving, as it is state property, Frank said.

On the city’s east side, Harvester Avenue is coming along, but there is still rehabilitation work to do before final paving is completed, he said.

“So it's a work in progress on Harvester. There's just a lot of moving pieces to that. And once you've milled down eight inches, you find a lot of areas that really need to be addressed,” he said. “Within the next week or so we'll probably start paving driveway approaches to make everything easier for people getting in and out of their driveways. We're hoping end of next week to get a (base) coat which is truly powerful to get some sort of base pavement on that surface, which will cut down on a lot of the dust and debris and all that.”

Some work has to be done with the installation of drainage structures “before we can pave anything,” he said.

The contractor has a Dec. 14 deadline for full completion, he said.

Existing sidewalks are remaining in front of Harvester Center “as much as possible,” City Manager Rachael Tabelski said.

Earlier this summer, a few business owners voiced complaints about the seemingly slow progress being made in front of their sites at Harvester Center. Harvester had been dug up, pot-holed, bumpy and anything but customer-friendly, they said. Rob Credi, owner of The Pub Coffee Hub, estimated a revenue loss of 75 percent since the inception of the road work. 

He had reached out to city management, Frank, and council members multiple times, Credi said, however, he more recently "kinda gave up on trying to get any kind of improvements to the temporary conditions."

"The road quality is still a disgrace," he said on Friday to The Batavian.

Although Frank said this week that he received two compliments from people associated with Harvester Avenue, Credi was obviously not one of them. 

A parking lot across from his shop had been inaccessible due to a trench carved out directly in front of it. That issue has been resolved and customers once again gained access to it, Credi said. But that's when customers could even drive down the street, he said. 

"We've had a couple incredibly bad days where they've more or less had trucks completely blocking the roadway for periods of time," he said. "Just total disregard."

Top Photo: A pile of road debris remains in the parking area in front of the state School for the Blind on Richmond Avenue, but will be removed and cleaned up eventually, city officials say; road construction on Harvester Avenue is also gradually moving toward completion for a December deadline. Meanwhile, businesses are open at Harvester Center. Photos by Howard Owens. Above, one of the days when the road was blocked by construction vehicles and hampered business access. Photo by Rob Credi.

While 99 percent of all beers produced depends on freeze-dried and preserved hops, there’s also a type of craft beer made from freshly harvested hops flowers, Adam Burnett says.

That 1 percent happens for about one week a year with a farm-to-brewery operation. And Eli Fish Brewing Company is taking advantage of those special brews this weekend.

“It’s the New York Wet Hop Beer Festival,” said Burnett, a lead organizer and brewmaster from Eli Fish. “Hops are just flowers. And when you pick a flower, it doesn't last very long. So there's only about a one-week window a year when you have the opportunity to pick hops off the vine and use them fresh. And when they’re fresh to pick, and are put right in the brew, you should use them the same day they’re picked; it can be anywhere from the last week of  August up to mid-September.”

The first-time wet-hops fest is set for noon to 4 p.m. Saturday at Jackson Square in downtown Batavia.

“We found that 14 breweries around New York State did that this year,” Burnett said. “We do it every year, and this year I made two different beers to kind of showcase different farms. There were different varietals this year, and it kind of peaked at different times so the window is actually different depending on what type of hops you want to use.”

Burnett made his two brews — pale ales that allow the juicy hops to shine — out of New York-grown chinook and cascade, two popular types of hops, and his Harvest Ale, featuring cascade hops and Michigan copper hops, which is described by beermaverick.com as a “vigorous super-aroma hop with very fragrant floral and tropical fruit aromas and flavors.”

He will have plenty of company from eight wet hops brewers from Western New York and six from New York City. Each booth will have a home-style brew plus a guest brew from another location, he said.

Breweries include 1927 Brewhouse at Santora's, Nine Maidens, Beer Tree, TIL Brewing, Wagner Valley, Swiftwater, Three Heads, Noble Shepherd, Strong Rope Brewery, DaleView, Greenpoint, Endless Life, Threes, KCBC, Port Jeff and Good Nature.

Eli Fish owners and staff are hoping that this inaugural event draws interest and attendance in an effort to make it a yearly and growing festival, Burnett said. Not only is Strong Rope Brewing Company of Brooklyn participating, but it is also hosting the same event on Saturday at its hometown location, he said. So each event will “mirror” one another with similar craft beers and producers for brews from each a local and more distant locale.

Pre-sale tickets are still available for $35, which includes a glass and eight tastings, or people may purchase the glass for $5 and tastings for $5 each on the day of the event. Pre-sale gives you two free tastings, Burnett said.

There will also be specialty foods available for purchase, and the musical stylings of The Eaglez, “a very good” Eagles tribute band from Buffalo, he said.

“We want it to be even just the smallest amount of success. I mean, everyone wants New York to be the (craft beer) place again. But until we respect that we have the ingredients to make beer, it's not going to happen,” he said. “So it takes this kind of stuff to get there.”

Go here for tickets.

Top File Photo of Oktoberfest hosted by Eli Fish at Jackson Square; above, image of The Eaglez logo from its website.

A U.S. District Court judge today dismissed a lawsuit against Western Regional Off-Track Betting Corp. that was filed by Michael Nolan, a former chief operating officer of the public benefit company based in Batavia.

Justice William Skretny, representing the Western District of New York in Buffalo, based his ruling on a statute of limitations issue regarding Nolan’s claim that his First Amendment rights were violated when the corporation’s leadership allegedly retaliated against him for talking to federal agencies about alleged improprieties.

Nolan contended that he was fired from his position in December 2020 after being ostracized since April 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

WROTB officials retained legal counsel to fight the allegations – eventually filing a Motion to Dismiss -- and the matter has been tied up in court until today’s ruling.

“We are gratified by today’s District Court decision,” WROTB President and Chief Executive Officer Henry Wojtaszek said in a press release. “From the beginning we have stated that these accusations were politically motivated.  We continue to believe that any thorough examination of the facts would show Western OTB acted in an appropriate and professional manner.

“The ruling by Judge Skretny was clearly well researched, well-reasoned, and came to the right conclusion. We will continue to focus on being a model OTB in the state and providing our customers with the best possible experience. Results matter, and the leadership at WROTB has made decisions that have resulted in record revenues being disbursed to our partners in local governments across the area. We look forward to building on that success now that these baseless allegations have been dismissed.” 

In his ruling, Skretny wrote that since Nolan’s claims alleging First Amendment retaliation ran from the first alleged instance of retaliation, “accruing not later than April 30, 2019.” Another complaint dated August 2021 came too late, the judge ruled, citing the statute of limitations at 1 year and 30 days after the first alleged instance.

“Therefore, Plaintiff’s (Nolan’s) First Cause of Action for First Amendment retaliation is dismissed as untimely and Defendants’ (WROTB) Motion to Dismiss … this cause of action is granted.”

Skretny concluded by stating that “absent an original jurisdiction claim, this Court also declines to exercise supplemental jurisdiction over Plaintiff’s remaining state law claims and dismisses them without prejudice. Thus, Defendants’ Motion (id.) to dismiss the Second through and Fifth Causes of Action is granted. Therefore, Defendants’ Motion to Dismiss … is granted and the case is closed.”

In August 2021, attorney Steven M. Cohen of HoganWillig, PLLC, of Buffalo filed a lawsuit on behalf of Nolan against WROTB, Wojtaszek and Richard Bianchi, chairman of the board of directors. The suit asked for Nolan to receive $4.5 million for violating his First Amendment rights (First Cause of Action), plus another $4.5 million for breaking the state’s Civil Service Law (Second Cause of Action) and additional $5.5 million for emotional pain and suffering (Third Cause of Action).

The Fourth Cause of Action sought indemnification and/or reimbursement of Nolan's attorneys’ fees from WROTB for representation for his appearance before the federal Grand Jury, and the Fifth Cause of Action alleged that WROTB violated New York Labor Law by retailing against Nolan.

Wojtaszek, in the press release, said he believes the dismissal once again vindicates the corporation.

“WROTB has won another victory in court against a frivolous attack on our operations. This is our fourth victory this year, against what appears to be a never-ending string of attacks by those with an ax to grind,” he said. “As we stated during our meeting with our 17 member counties last week, we have done much to improve the transparency and accountability of our organization, but many of the charges that were thrown at us were simply unfounded, and that was again underscored today in federal court.

“Lawsuits get dismissed when people miss deadlines. It must not have been a priority for Mr. Nolan or his attorney, which sometimes happens when you start with a baseless claim.”

WROTB was represented by Daniel Oliverio and Aaron Saykin of Hodgson Russ, a Buffalo law firm.

An email was sent to Cohen on Thursday morning, seeking comment on the decision.

A 39-year-old Oakfield man is facing 46 felony charges related to sex crimes over a period of years in the Oakfield and Elba areas.

Ricardo Castillo, Jr., of Maple Avenue, is charged with 13 counts of rape 1st, 10 counts of rape 2nd, 13 counts of criminal sexual act 1st, and 10 counts of criminal sexual act 2nd.

Castillo is accused of raping at least one person under the age of 15.

The rapes allegedly took place between November 2019 and August 2021.

Investigators Howard Carlson and Kevin Forsyth handled the case.

Castillo was arraigned in Town of Oakfield Court and released under supervision of Genesee Justice.

Brandi L. Reuben, 26, and Garrett S. Porter (no residences provided), are charged with arson 3rd, criminal mischief, and conspiracy 5th. Reuben and Porter are accused of starting a fire at a newly opened location of a smoke shop at 368 Martin Road, Alabama on Sept. 29 at 10:38 p.m. The pair was arrested following an investigation by Deputy David Moore.  Reuben and Porter were arraigned in Town of Alabama Court and are scheduled to appear again on Nov. 15 at 6 p.m. (Previously: Judge gives Tonawanda resident a chance to put his past behind him)

Gerald Kenneth Freeman, 70, of South Spruce Street, Batavia, is charged with grand larceny of a motor vehicle. Freeman is accused of stealing a Ford water truck from the Genesee County Fairgrounds on Oct. 4 at 7:43 p.m. Freeman was released on an appearance ticket.

Rufus Garrett Johnson, 29, of Park Way, Chili, is charged with burglary 3rd and petit larceny.  Johnson is accused of going to Walmart in Batavia after previously being banned from the property with the intention to shoplift and of stealing merchandise on Oct. 8 at 10:07 a.m. He was arraigned in Town of Batavia Court and ordered to return on Oct. 26.

Matthew Jacob Zon, 41 of East Main Street, Byron, is charged with criminal contempt 1st.  Zon is accused of violating a full stay-away order of protection on Oct. 9 at 6:18 p.m. at a location on East Main Street, Byron.

Christina M. Sanchez-Anderson, 34, of Bergen, is charged with obstruction of governmental administration 2nd. Sanchez-Anderson is accused of leading police officers on a brief foot pursuit after being stopped on warrants on Oct. 4 at 3:36 p.m. on Main Street, Batavia. Sanchez-Anderson was released on an appearance ticket and held at the Genesee County Jail on her warrants.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs and uninspected motor vehicle. Cicatello was arrested on Oct. 1. She was stopped by a Batavia city patrol officer on July 30 at 5:34 p.m. on Mix Place, Batavia. She allegedly failed a field sobriety test. She was released on appearance tickets.

Marcia R. Goodenbery, 70, of Batavia, is accused of DWI and driving with a BAC of .08 or greater. Goodenbery was stopped on Sept. 28 at 7:57 p.m. on Court Street, Batavia, by a Batavia city patrol officer. She was allegedly observed appearing intoxicated at a local business and returning to her vehicle. She was issued an appearance ticket.

James Di Lullo is a facts man, which may answer why he did so well in Scholastic Bowl before graduating from Batavia High School in 2007.

As for his more recent ventures with film-making and acting, facts have also come into play. With some experience, schooling, research and tenacity, plus assistance from family members and his girlfriend, the 33-year-old Western New York native cobbled together a production to be premiered in Buffalo this weekend.

“Goldenrod” is a short film conceived and produced at DiLullo’s family farm in Cattaraugus County. As the name implies, scenery is lush with mustard-colored goldenrod and foliage, with a glass-like lake nearby the circa 1852 homestead.

“So I was sitting on the deck of a big beautiful, plantation-style, almost farmhouse, looking out over the lake in September, and beautiful fields, and determined that this was the perfect place for me to write about, for me to create a story that could be completely produced and shot on that location,” he said during an interview Wednesday with The Batavian. “And involve local history and entertainment to combine all the three things you need for a great film, which was story, place and time.”

He had the place. And with research and garnering those facts about the geography, DiLullo wrote a story about a modest farming family and how it was affected during the Civil War. His original draft was twice as long and larger, which was cut down to just over 18 minutes and seven characters.

Given the era of the film, fashions are simple — think “Little House on the Prairie” — which features 7-year-old lead character Clara Payne in a simple white dressing gown and bare feet that seem to enjoy running through long blades of grass. The image fits her on-screen personality, that of a kid who isn’t interested in the seriousness of life when there are flowers to pick and water for dipping her toes in.

Clara eventually discovers the answer to the movie’s question “how do you love?” after suffering a family loss and filling in the void with mature compassion. Trust is also a key component in the message, DiLullo said.

“It teaches how we can learn to trust each other, who do you trust and why?” he said. “What I learned the most was how I could trust other people, that was a big step.”

Backing up to high school, the versatile DiLullo took a hiatus to play professional soccer in Finland for one day shy of a year before eventually graduating, he said. He went to Brockport State College for international business and economics, with an intent to pursue the supply chain field. He landed at Microsoft in the marketing department and “I really saw the power of marketing,” he said, in connection with product endorsements on movie sets. Think that can of Coca-Cola is there by mistake? Of course not, he said.

After repeatedly being asked if he was an actor, he got an offer and accepted to try it out. He especially appreciates the movie business and how a set contains every skill, from the creativity of writers and actors to the administrative skill of accountants, and other needs for plumbers, electricians, daycare, and even psychology fields, he said.

He portrayed a character on a website production and took a 20-week writer's boot camp course to hone his skills before “Goldenrod” flashed into his mind in September 2018. Knowing the questions to ask himself, DiLullo pondered the compelling aspects of rural New York. That took him to the Underground Railroad, which pulls the story, place and time together.

Family members Cecelia “Chee” Lullo was the wardrobe designer; Michal K. Lullo served as production assistant, and Joseph Lullo was transportation supervisor.

James was born a Lullo but took the family name DiLullo that was used in the family until 1952, he said.

Others involved with the production include Dr. Mary Reid Gaudio, producer and music producer, composer and performer;  Richard Jacobs, producer.

DiLullo reached out to his hometown roots for assistance and inspiration. “Goldenrod” is in memoriam of former Genesee Community College music professor and composer Ann Reid, and was also influenced by retired teacher, historian, and author Anne Marie Starowitz of Batavia, DiLullo said. Select costumes were provided by Main Street 56 Theater and T-Shirts Etc. was involved as a vendor.

Directed by Marjorie DeHey, the film features a cast and crew from across the nation and New York State, he said. It is “considered a favorite for awards and recognition, and will focus on being official selections at NYS-based film festivals including Buffalo, Syracuse, and Cortland.

Top photo by Howard Owens.

James DiLullo and the cast and crew of Goldenrod. Submitted photo.

Production photo from Goldenrod. Submitted photo.

 

Press release:

The City of Batavia announces the appointment of Joshua Graham to the position of Fire Chief for the City of Batavia.  Graham was selected following an extensive search for candidates and active recruitment campaign.  The new Chief will assume his role on Monday, October 31^st, 2022.

A Western New York native, Graham holds a Bachelor’s Degree in Fire and Emergency Management from Purdue Global University, an Associate’s Degree in Fire Science, and an Associate’s Degree in Strategic Operation Management from the Community College of the Air Force. He has completed numerous trainings and certifications related to fire safety, management, and leadership.  He is currently serving as Captain in the Fire Department with the Department of Defense at the Niagara Falls Air Reserve Station.

Graham has worked as a professional paid fire fighter and volunteer fire fighter throughout his career.  Graham has served on Active-Duty Air Force, New York Air National Guard and he recently retired from the United State Air Force Reserves as a Senior Master Sergeant, where he filled the role of Deputy Fire Chief. He has volunteer experience with the Darien Fire Department and the Arcade Fire Department.  He also serves as a New York State Fire Instructor with the Office of Fire Prevention and Control. 

“I am excited for Josh to take on the leadership role of Chief of the Fire Department.  His record, dedication, and leadership ability made him the right fit for this position in the City.  Josh highlighted his preference to work in a team atmosphere and that made him the best candidate for this position,” said Rachael Tabelski, City Manager. 

“I am very excited to start in the position of Fire Chief for the City of Batavia. The Fire Department has done a fantastic job of upholding a high level of standard and professionalism for the community they serve, and I look forward to continuing that level of service for many years to come”, said Josh.

Josh, a graduate of Pembroke Jr./Sr. High School, lives with his wife Carrie and son Jaxon in Arcade. He will be relocating for the position.

Daniel Goodell

Daniel Lee Goodell, 41, of South Volutia Street, Wichita, Kan., is charged with sex abuse 1st. Goodell was arrested by the Sherriff's Office on a warrant in Kansas and returned to New York. He is accused of sexually abusing children less than 11 years old in 2009 and 2010 in Alexander.  He was arraigned in Town of Alexander Court and ordered held without bail. Goodell was also arrested by State Police and charged with 12 counts of Sexual Abuse 1st, 12 counts of endangering the welfare of a child, and one count of sexual conduct with a child. The State Police alleged that between 2019 and 2021, Goodell abused children less than 14 years old on multiple occasions. Goodell moved from New York before the criminal investigation was opened, according to State Police. Goodell was extradited from Kansas on Sept. 30.  On the State Police charges, he was arraigned in Town of Alexander Court and ordered held on $30,000 bail or $60,000 bond.

Delonta R. Curry, 21, of Batavia, is charged with criminal possession of a weapon on school grounds and criminal possession of a weapon. Curry is accused of possessing a weapon on school grounds on Feb. 13 at 8:26 p.m. on Washington Avenue. He was arrested on a warrant on Sept. 24, arraigned in City Court, and ordered held on bail.

Shawn R. Wisniewski, 33, of Medina, is charged with petit larceny. Wisniewski is accused of stealing from a business on Jackson Street on Sept. 20 at 10:36 a.m. He was released on an appearance ticket.

Chazmar T. Walters, 29, of Le Roy, was arrested on a warrant on Aug. 15. The nature of the warrant was not released. Walters was released and ordered to appear in City Court at a later date.

Daniel T. Henning, 42, of Batavia, is charged with criminal possession of stolen property 5th. Henning is accused of possessing stolen property while on Veterans Memorial Drive, Batavia, on March 28 at 2:55 p.m. He was arraigned in Town of Batavia Court and released on his own recognizance.

Jolene Y. Stevens, 33, no permanent address, is charged with failure to appear. Stevens was arrested on multiple warrants. She was arraigned in City Court and ordered held on $500 bail, $1,000 bond, or $5,000 partially secured bond.

Phillip P. Heale, 44, of Batavia, is charged with criminal trespass 3rd. Heale is accused of being on property he was previously banned from being on. He was released on an appearance ticket.

Evan F. Maynard, 21, of Batavia, is charged with assault 3rd. Maynard is accused of being involved in a disturbance on Sept. 24 at 8:24 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Justin T. Calmes, 44, of Batavia, is charged with criminal contempt 2nd. Calmes is accused of violating an order of protection on Aug. 29 at midnight. He was released on an appearance ticket.

Jennifer L. Cudney, 41, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and operating a vehicle with a suspended registration. Cudney was stopped on Sept. 18 at 7:31 p.m. on Bank Street by a Batavia patrol officer. She was released on an appearance ticket.

Jason H. Freeman, 41, of Batavia, is charged with petit larceny. Freeman is accused of stealing beer from a business on Jackson Street on Sept. 18 at 9 a.m. He was issued an appearance ticket.

Jeffrey A. Hewitt, 43 of Le Roy, is charged with driving while ability impaired by drugs, failure to properly signal, driver's view obstructed, unlicensed driver, and aggravated unlicensed operation 1st. Hewitt was stopped by a Batavia patrol office on Sept. 25 at 10:37 a.m. on Summit Street. He was issued an appearance ticket.

Laura B. Beatty, 44, of Batavia, is charged with unlawful dealing with a child 1st. Beatty is accused of providing alcohol to a juvenile at her residence on Oak Street on Sept. 24 at 10:05 p.m. She was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, and Michelle L. Misiak, 57, of Batavia are charged with petit larceny. Raphael and Misiak are accused of stealing groceries on Sept. 27 from a store on East Main Street, Batavia. Both were issued appearance tickets.

Karrie A. Morrow, 39, of Batavia, was arrested on two bench warrants. The nature of the warrants was not released. She was released under supervision. Morrow was also arrested by State Police on a petit larceny charge. Morrow is accused of stealing merchandise valued at $17.98 from 48 Express Deli on Park Road on Sept. 29. She was issued an appearance ticket.

Renee Lynn Coughlin, 32, of Park Avenue, Oakfield, is charged with falsely reporting an incident 3rd.  Coughlin is accused of falling reporting an incident to police on Sept. 21 at 7:30 p.m. on Park Avenue in Oakfield. She was issued an appearance ticket.

Jamie Lee Broadbent, 39, of Federal Drive, Batavia, is charged with petit larceny. Broadbent is accused of entering an unsecured storage room and a vacant room at a hotel at 4371 Federal Drive, Batavia, and stealing items belonging to the hotel. He was released on an appearance ticket.

Hunter Joseph Stetz, 19, of Zimmerman Road, Hamburg, is charged with possession of a forged instrument. Stetz is accused of being in possession of a forged NYS driver's license on Aug. 25 at 8:15 p.m. while at Darien Lake. He was issued an appearance ticket.

Dale W. Gress, 54, of Elba, is charged with DWI and driving with a BAC of .08 or greater. Gress was stopped by State Police on Oct. 5 at 12:13 a.m. in the Town of Batavia. He was issued an appearance ticket.

A best-case scenario for the resurrected Wings Over Batavia air show is that a profit would be made, but Tim Hens will settle for a bit less.

“I would like it to be a break even,” the county highway superintendent and air show committee liaison said to county legislators Wednesday.

As promised last month, Hens returned to the hot seat and reported an estimated county expense for the event.

“Our best guess is around $12,705,” he said.

That total would be for county Sheriff’s Office deputies and Emergency Management Services staff to provide security, traffic and crowd control. The breakdown was estimated to be $5,400 for offsite traffic control; $2,055 for EMS presence; and $5,250 for pre-show preparations by highway and facilities maintenance staff.

Aside from whatever the show itself may take in from the admission price, Hens and the committee are hopeful that all of that traffic will eventually leave the airport on Saile Drive and go shopping, eating and/or taking in some local entertainment.

The county will also see increased sales tax because of the air show and related Wing Ding event held within the City of Batavia,” Hens said.

An estimated increase in sales tax proceeds during the three-day event would be from $20,000 to $40,000, he said.

“There actually would be no increased costs on our insurance policy, which was surprising to me,” he said. “We asked them to look at the airshow, there was a skydiving event as part of the history. And pyrotechnic fireworks are part of the event. There was no actual added costs, which was good news to hear.”

Ways & Means legislative members generally agreed to move forward with the event request, however, the approval of legislators Gary Maha and Chairwoman Shelley Stein included a caveat.

"So I would move this for approval in a second," Stein said. "At the same time, I don't want this to cost the county over that $40,000, you know, I would very much like it to break even with our sales tax because I think it's going to be a great opportunity to bring this back to Batavia.

“But I think, as Gary said, we just don't want to sign a blank check," she said. "I absolutely want to be supportive of this.”

Legislators emphasized that the county was not sponsoring this event, but lending its support via a resolution and the potential costs of labor mentioned above. Wings Over Batavia LLC is forming a non-profit entity and will be the group responsible for the air show.

The request will move on to the whole Genesee County Legislature for a vote later this month.

If given final approval, the air show is tentatively scheduled for mid-September 2023. 

To view a prior Wings Over Batavia air show, check out this Youtube.com video made in 1997 by EFP Network. This was one year before the last air show took place.

Top Photo of Tim Hens from social media. 2022 File Photo of Genesee County Legislature Chairwoman Shelley Stein. Photo by Joanne Beck.