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Law and Order: Teen accused of stealing truck in Le Roy, tracked via OnStar

By Howard B. Owens

A 17-year-old resident of Wolcott was charged with grand larceny 3rd and unauthorized use of a vehicle. At 12:38 a.m. Oct. 15, Le Roy police officers received a report of a stolen vehicle on Selden Road, Le Roy. Officers were able to track the location of the vehicle using its OnStar system. A short time later, the 2020 Chevy Silverado was located in the Town of Cheektowaga and was reportedly occupied by the 17-year-old.  He was arrested by Cheektowaga PD and turned over to Le Roy PD. He was issued an appearance ticket.

Joseph T. Martino, 30, no permanent address, is charged with four counts of petit larceny. At 1:37 p.m. Oct. 8, Martino allegedly stole merchandise from a local business on East Main Street, Batavia. He is also accused of shoplifting three separate times from two businesses on Jackson Street, Batavia on Oct. 2. He was issued an appearance ticket on all arrests.

Aaron T. Hendershot, 26, of Batavia, is charged with criminal contempt 2nd. Hendershot is accused of violating an order of protection by being at the home of the protected party at 1:39 p.m. Oct. 10 on Ellsworth Avenue, Batavia.  He was issued an appearance ticket.

Marcella F. Greene, 38, of Bliss, is charged with unauthorized use of a vehicle. Greene was arrested on a warrant issued in connection with an incident reported at 3 p.m. April 23 on East Main Street, Batavia. He was arraigned in City Court and ordered held on bail and ordered to appear again on Oct. 27 appearance.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs, leaving the scene of a property damage accident, and following too close. Cicatello was allegedly involved in a property damage accident at 9:55 a.m. Sept. 1, on Oak Street. She was arrested on Oct. 6 by Batavia PD. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant. She was arraigned in City Court and ordered held on $5,000 bail, $7,500 bond, or $10,000 partially secured bond.  No information released on the nature of the warrant. 

Daniel Maxwell Barron, 32, of Benedict Road, Monroe, Conn. Barron is charged with DWI, obstruction of governmental administration, failure to dim lights, drinking alcohol or using cannabis in a motor vehicle on a highway, and unregistered vehicle. Barron was stopped at 10 p.m. Oct. 6, on Route 20 in Darien by Deputy Alexandar Hadsall. He was ordered to return to Darien Town Court at 1 p.m. Oct. 20.

Seth Alan Wilt, 18, of Richley Road, Corfu, is charged with grand larceny 4th and petit larceny. Wilt is accused of stealing more than $1,000 worth of merchandise from his employer at 8363 Lewiston Road, Batavia (the former Kmart location) and of stealing $724.45 in merchandise from the same location. The thefts were reported at noon on Sept. 1. He was arrested on Oct. 12 by deputies Mason Schultz and Nicholas Charmoun. He was released on an appearance ticket. 

James Preedom, 38, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child. On Oct. 14, State Police responded to a report of a disturbance at a residence in the Town of Batavia and arrested Preedom as a result. He was released under supervision.

Justin Cowell, 40, of Batavia, is charged with four counts of criminal contempt 2nd, acting in a manner injurious to a child, unlawful dealing with a child, and selling tobacco to a minor. Cowell was arrested by State Police on Oct. 20 in connection with an incident reported at 2:08 p.m. Oct. 3 in the Town of Batavia. He was ordered held in jail. No further information was released.

Charles L. Dockstader, 76, of Basom, is charged with two counts of course of sexual conduct with a child less than 11 years old. Dockstader was arrested by State Police on Oct. 19 in connection with an incident reported at 12:02 p.m. Oct. 12 in the Town of Alabama.  He was ordered held on bail. No further information released.

Earl B. Benson, 34, of Byron, is charged with DWI. Benson was stopped at 10:17 p.m. Oct. 18 in the Town of Byron by State Police. He was released on an appearance ticket.

Keona R. Thomas, 33, of Stafford, is charged with DWI.  Thomas was stopped at 2:22 a.m. Oct. 16 in the Town of Stafford by State Police. Thomas was released on an appearance ticket.

BID announces Christmas in the City for 2022

By Press Release

Press release:

The Downtown Batavia Business Improvement District is hosting its annual Christmas in the City Event with Holiday Parade on Saturday, Dec. 3 from 2 to 6 p.m., with a parade down Main Street at 6 p.m.

The BID is seeking any business, organization, or group to walk, ride or enter a float for the parade which runs from Jefferson Ave to Summit Street. 

Downtown Businesses are encouraged to host an activity or offer store specials during the event. Vendors are welcome.

This year’s event includes Santa’s Village, pictures with Santa, hot cocoa & cookies, crafts, cookie decorating, kid’s zone, Santa’s workshop, shopping specials, Dickens Carolers, Scrooge, adult tastings and more.

BID Mall Events will be from 1 to 5 p.m.

“Our Hometown Christmas” craft fair sponsored by Main St. 56 Theater will be held in the mall 10 a.m. to 8 p.m.

We have something for everyone, this is an event you won’t want to miss.

The Batavia Business Improvement District is also hosting its annual Wreath Contest for Downtown Batavia.

As a creative way to add some holiday spirit to downtown, the BID invites any business, group, organization, or family to enter the contest.

For $20 each participant is provided with a 16” Plain Wreath to decorate.

Participants will pick up their wreaths on Saturday, Nov. 19 and have a week to decorate before dropping them back off to the BID for committee volunteers to place throughout Downtown.

Voting for the most creative will take place from Dec. 3 thru Dec. 24. The first-place winner receives a $100 cash prize, second place $75 and third place $50.

To participate in Christmas in the City or the Wreath Contest contact Shannon Maute at director@downtownbataviany.com  

Photo: File photo by Howard Owens.

Alexander Road solar projects receive special use permits from town planning board

By Howard B. Owens

Town of Batavia Planning Board unanimously approved special use permits and site plans for two solar projects on Alexander Road at their meeting on Tuesday.

The projects are located at 9183 Alexander Road, known as the Pike Road Solar Farm Project, and 9071 Alexander Road.

The resolutions passed by the board entitle San Francisco-based Renewable Properties (RPNY Solar 6, LLC) to construct and operate the solar projects.

If the owner/operator changes, the special use permit must be reviewed again by the planning board.

Before a building permit is issued, the company must finalize a host community agreement with the Town of Batavia to include annual payments of $2,500 per megawatt for 25 years with a 2 percent annual escalation of payments or a lump sum payment approved by the Town Board.

The resolution includes provisions on grading and landscaping.

There are also provisions to handle any changes to the development plan.

The company must certify the completed project complies with the special use permit, applicable codes, and industry standards.  

There must also be sufficient funds on deposit to remove the installation and restore landscaping in accordance with the decommissioning plan.

The company must remove the installation at the end of its useful life in accordance with the decommissioning plan.

Town inspectors will be allowed reasonable access to the property during construction to check drainage and stormwater provisions.

Renewable Properties must abide by the required landscaping plan.

The project must be fenced and locked. The fire department will be provided keys.

A year after the project goes into operation, Renewable Properties must return to the planning board for a review of the special use permit.

Finally, Renewable Properties must obtain and retain appropriate insurance throughout the life of the project.

Brothers, former Ice Devils, enter hockey tournament in memory of father, raising funds to fight cancer

By Press Release

Press release:

This coming Sunday at Amalie Ice Arena in Tampa FL, home of the Tampa Bay Lightning, Will and Paul Barton, two brothers Batavia born and raised will be taking the ice in the Sk8 to Eliminate Cancer 3v3 Ice Hockey Tournament. All players who’ve entered the tournament are raising money for the Scott Hamilton CARES Foundation – an organization dedicated to changing the future of cancer by funding advanced, innovative research that treats the cancer while sparing the patient

The Barton boys both played for the Batavia Ice Devils and Batavia Ramparts growing up. The two brothers are the only sons of the late local businessman and husband, Batavian born and raised Bill Barton, who passed away on Oct. 14, 2020, after living with Multiple Myeloma for 13 years.

Bill volunteered as a coach and fundraising for the Ice Devils and Ramparts when his sons were playing in the early aughts, and was a fixture down at the Royal Rink (David McCarthy Ice Arena) at all of both his son’s games. He loved everything about the game, especially the people and life-long friendships that were forged on those teams growing up.

Reached for comment, Will and Paul offered the following statement:

“Unfortunately, with cancer, everyone knows someone in their family or friend circle that has been directly impacted by this terrible disease. Our father lived to be 63, is gone too soon and is dearly missed – but so often, tragically, cancer happens to young people. We were lucky. Teenagers, children, cancer doesn’t discriminate by age. This is the truly tragic nature of this disease, and this is why it’s so important to support organizations like Scott Hamilton CARES, people working on solutions.

When we found out about the Sk8 to Eliminate Cancer tournament in Tampa being held near two years to the date we lost our Dad, there wasn’t much back and forth, we knew it was time to lace up the skates and pay tribute to our father and everyone who has lived with cancer by doing what he loved to watch us do most, playing hockey.

We want to express our love and gratitude to everyone who has supported our fundraiser to this point, we’re currently in 1st place…and with the continued support of our fellow Batavians, we’re confident we’ll make our hometown proud and finish in first place…in fundraising. In the tournament play…well we’re playing in the A/B division and we’re getting near 40, so we make no guarantees…but hey we’re gonna do our best and forget the rest!”

We are able to accept donations through this Sunday 10/23/22. We are asking for $25 donations, and are encouraging anyone who donates in honor or memory of a loved one from their own life to pay tribute in their comments.
 
Join the Fight, Donate and Support the Barton Boys and their team, the Gulf Coast Goons: https://fundraise.scottcares.org/tampa/Barton

Batavia boys soccer team wins first-round sectional game

By Howard B. Owens

The Batavia Blue Devils boys soccer team won its first-round sectional game in Class B on Tuesday, beating Geneva 2-0.

Batavia came into the game as the #9 seed and Geneva was the #8 seed.

Goals were scored by Alex Bartz, assisted by Owen Halpin, and by Quintin Cummings, unassisted.

Submitted photo.

Next up: #1 seeded Hornell at Hornell on Saturday. Game time is 6:30 p.m.

Owner in dog OD case willing to discuss future of her dog while criminal case is pending

By Howard B. Owens

The future of Oddey, the French bulldog that reportedly overdosed on narcotics three times in May and June, may soon be resolved while the criminal case against Oddey's owner, Cassandra Elmore, will likely remain pending for some time.

Elmore appeared in City Court today with her public defender Jamie Welch.

Welch indicated he needs more time to file motions in light of new evidence (he didn't specify what the evidence is), new discovery turned over by the District Attorney's Office (again, not specified), and his recent receipt of lab reports (he didn't indicate what the lab results reveal).

He indicated the charges of injuring an animal under New York's Ag and Markets Law are more complicated than typical penal statutes and required more research. 

Judge Thomas Burns agreed it is a complicated case and gave Welch until Nov. 25 to file his motions, and gave Assistant District Attorney Jenna Bauer until Dec. 8 to file her answering papers.  He set a hearing date on motions for Dec. 15 at 1:30 p.m.

If that's all there was to the case, Oddey would be guaranteed at least two more months of confinement at the Genesee County Animal Shelter, but after the motion dates were set, Welch said there was one more thing to discuss.

His client, he said, was willing to meet with representatives of the "animal rights" group following the case -- referring to Volunteers for Animals. He said he didn't know if there were any respresentatives in court today -- there were -- but invited them to stop by the Public Defender's Office and pick up a copy of his card so they could discuss the future of Oddey.

Burns said it was wonderful news that there are options for Oddey.

"Options are good," he said.

Bauer said, "I believe that's the top concern of everybody here."  She suggested that if an agreement could be reached regarding Oddey, a status appearance date be set so the issue could be resolved sooner than two months from now.

After meeting with the attorneys at the bench, Burns said the case will remain on the calendar for Dec. 15, but if an agreement is reached before then, the case can be recalled and the Oddey matter could be resolved in that appearance.

The case was then adjourned.

Previously:

For your convenience, new shop open on West Main Street, Batavia

By Joanne Beck

Walk inside F&M Convenience and take a 360-degree tour of the multitude of items lining the walls, inside of display cases and on both sides of a freestanding shelving unit.

There are items from A — apple juice — to Z — Zippo lighters. And in between, there are assorted beverages of water, juices, sports and coffee drinks, pop, milk and beer; various foods from chips and snack cakes to cereal and ice cream; sunglasses; sports jerseys and hats; backpacks; gum; cigarettes, grinders, wraps and baggies; and the endurance supplement Kratom. And that’s just to name some of the large inventory of items selected by Manager Ali Mohammed.

“We wanted to have a convenience store here,” he said at the site on the triangular patch of property across from Top’s friendly markets at 4169 West Main St. Road, Batavia.

It’s hard to miss the big grand opening sign draped in front of the building, and Mohammed hopes that customers will visit and check out what’s inside. The store is brightly lit with a backdrop of colorful goods available for purchase. There is also an ATM and lottery tickets available, he said.

He has already had two grand opening barbecues and is planning a third one this weekend. It’s set to begin with grilled sausage and burgers at 3 p.m. Sunday.

The store is open 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m. Sunday. Mohammed is looking to hire one more staff member with at least two years of experience and is 21 or older. For more information, call 585-250-4155.

New county jail creates more expense, 2 percent levy increase while assessments create lower tax rate

By Joanne Beck

A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

In the mood for some Mexican fare? Señor Leon is open on Batavia's west side

By Joanne Beck

Guillermo Leon is a man of few words, but they’re backed up by integrity.

The restauranteur has opened a second Mexican-themed eating establishment in Batavia, this time on the west side of town.

“Batavia is growing, and there’s more room for different kinds of restaurants,” Leon said Wednesday at Señor Leon Mexican Restaurant. “People go to Walmart and then can come here to eat. It’s very convenient.”

He owns Rancho Viejo in the city’s downtown, and thought a second restaurant closer to the popular Big Box stores would be a good location. Señor Leon, with an investment of more than $300,000, is tucked into the plaza at 4140 Veterans Memorial Drive.

Double oak and glass doors greet visitors before entering the spacious site. Deep blue, high-backed booths and Mexican decor — gold-trimmed hats, paintings and other themed wall art — plus seating of tables and similarly deep blue, padded seating are ready for a comfortable dining experience.

Leon had the furniture shipped in from Mexico, he said, to provide that authentic touch.

“I wanted to make it look different than other restaurants,” he said.

His place has 10 employees, and he is currently hiring for full- and part-time positions, he said. It may take more than a glance at the menu to place your order, as it is an extensive offering of lunch and dinner options — including assorted burritos, enchiladas, tostadas, tamales, hard or soft tacos and quesadillas.

There are grilled and “authentic Mexicano” dishes, such as Pollo Asado, chicken breast with grilled onions and cheese sauce served with rice, beans and two tortillas; nachos supreme loaded with cheese and toppings; Chicken Popeye, a grilled chicken breast topped with creamy spinach and queso fresco with rice; and Chile Colorado, beef tips cooked with red chile sauce and served with rice, beans and tortillas.

Feeling peckish before dinner? Appetizers include fresh guacamole, chicken wings, fajitas nachos, tortilla soup, and ceviche with shrimp and/or octopus.

A native of Mexico, Leon wanted to expand upon Rancho’s menu with more seafood and “a bunch of different things,” he said. Seafood entrees feature red snapper, prawns, salmon or tilapia, and there’s a seafood soup with shrimp, fish, scallops, calamari, mussels, octopus and a king crab leg. If meat’s not your thing, there are also vegetarian and vegan options.

To top it all off with a little sweetness, there’s the fried cheesecake, churros, Mexican custard (flan), raspberry donut cheesecake, the “ultimate” chocolate cake with layered chocolate mousse and butter cake with buttercream chocolate icing, or a banana chocolate swirl cake and high peanut butter pie to choose from.

If you go soon, you may notice the bar area, which will be open once Leon receives his liquor license, which has been in progress with the state Liquor Authority, and he hopes to have soon.

Asked for his favorite, Leon didn’t name one of the Mexican dishes, and instead admitted “I’m more a steak person.” He added that the steaks are served on a rack and cooked “to taste” for each customer’s preference.

Newly opened, Señor Leon has been drawing customers, he said.

“Everyone who walks in walks out happy,” he said. “I guarantee if you don’t like it, you don’t pay.”

Hours are 11 a.m. to 9 p.m. Sunday through Thursday and 11 a.m. to 10 p.m. Friday and Saturday. For more information, call 585-250-4484.

Top Photo: Staffer Felix Ramirez shows a portion of the large dining space at the Veterans Memorial Drive restaurant; Sergio Suniga is about to serve a plate of Señor Leon house appetizers: fried chicken taquitos, sauced chicken wings and a chicken quesadilla with pico de gallo, sour cream and a special touch of the Mexican flag, above. Photos by Joanne Beck.

Recovering addict at DePaul in Batavia uses his time to try and help others

By Press Release

Press Release:

Mike VanSlyke has lived with active addiction from the time he was ten years old until less than a year ago at 39 years old.

“I’ve done big things, stupid things, painful things, awful things, some good things, all kinds of things,” he said.

Now 40, he’s been sober since moving into the Batavia Apartment Treatment Program last August. Mike said he’s been choosing to “do the next right thing.”

“I’ve been horrible at taking my own advice my whole life,” he said. “I think I’m smarter than my own advice. That’s where I’m at now. I finally decided to [take my own advice] instead of telling other people how to live.”

On April 7, 2022, Mike launched a peer-support network for those struggling with addiction, mental health, and/or coping with daily life called Forgotten Ones on Facebook, and now also on Instagram and Twitter. The Facebook page has 1,300 followers and growing!

Through Forgotten Ones, Mike is dedicating his time to being a ‘Friend, Guide, Advocate,’ as his contact card reads. He regularly posts positive, encouraging memes, shares his own story, and invites others to post their clean dates, doing his best to acknowledge milestones big and small.

“We’ll always be there when you need us,” reads the description on the Forgotten Ones Facebook page. “You matter!”

In addition, Mike has a phone number specifically for Forgotten Ones which people can call in crisis at any time of day. The hours on the Facebook page are listed as “always open.” He may have just made dinner, but if he gets a call, message or email from someone in need of support, dinner waits.

“That one second could save somebody’s life,” he said.

Mike reassures those who reach out to Forgotten Ones for support that everything remains confidential.

“I don’t ask them for anything except how old are you and what can I do to help you? For you to be happy, what does life have to look like? That’s where it starts. We go from there.

There is only one requirement to those who call.

“You need to be willing to do things to get better,” he said. “I won’t spin my wheels. If you come to me and want help, I’ll help, but if you’re not willing, I can’t do anything.”

Mike envisions building a team of volunteers in the future to better be able to serve those who seek support. He feels that people who seek out his help can relate to him because of his own personal struggles with addiction and mental health.

“There are very few things in this world I haven’t done or I haven’t been through.”

Now Mike is rebuilding with the help, encouragement and motivation of friends, family and counselors like Lisa Glow, a Program Director at Horizon Health Services.

“When I think about the growth that he’s made over the past ten years, he’s finally at a place where he wants this for him, not because somebody else is telling him to get sober or stabilize his mental health,” said Lisa. “He’s finally taken everything he’s learned, even when he hasn’t wanted to hear it, and acted on it. He’s finally really doing the work.”

Lisa helped Mike find DePaul and the Batavia Apartment Treatment Program.

“They added stability and structure that he needed in order to get through the early part of his recovery,” she said of the staff at the Batavia Apartments.

After moving in last August, he spent the first few days soaking in the feeling of being home and feeling safe in his own apartment.

“I can be alone in my apartment all the time, but there’s always someone here,” he said. “I’m the type of guy, I don’t ask for a lot of help but if I know someone is in the office, I’ll find a reason to come out and talk.”

Residential Supervisor at DePaul’s Batavia Apartments, Brionna Majors said Mike’s passion and drive to have a positive impact on the lives of others and in the world has been an inspiration to not only his peers, but staff as well.

“Everyone’s journey in life is a unique one,” she said. “Life can take all of us through so many different twists and turns and can place unexpected obstacles in front of you. The direction that you choose to take with the cards you are dealt is where you learn the most valuable life lessons.”

Within a few weeks of moving into the Batavia Apartment Treatment Program, Mike was diagnosed with lymphedema, a condition caused by a blockage of the lymphatic system which causes swelling in both of his legs. He finds it ironic that now that he has the motivation, drive and purpose to change his life around, he’s got physical limitations preventing him from moving forward.

“I might not be alright from the waist down, but from the neck up, I’m the best I’ve ever been,” he said. “That says a lot. Everything happens for a reason,” he said.

Instead of getting mad about something he cannot change, he decided to take a friend’s advice and turn a negative into a positive. That same friend is the one who sent him a computer, which allowed him to start Forgotten Ones.

“It’s all motivation, everything, the good, the bad,” he said. “I feel like the people who are in my life have deserved better from me …I’ve never given them what they deserve.”

And the next right move for Mike is to make it all count for something.

“This is going to be my life’s work,” he said.

Submitted photo.

Portion of Park Road to be closed Friday for pavement treatments

By Press Release

Press release:

A portion of Park Road, from Richmond Avenue south to the intersection of Lewiston Road/Route 63, will be closed to all traffic on Oct. 21.

This is to accommodate the completion of specialty pavement treatments. This work will occur between the hours of 7 a.m. and 4 p.m. The work is weather dependent. If work is postponed due to inclement weather, it will be rescheduled for the next business day.

Batavia Downs traffic is asked to enter and exit the facility parking area from the north end of Park Road near Richmond Avenue. Signage will direct Batavia Downs customers and staff to the parking areas.

For traffic needing to access Park Road approaching from Lewiston Road/Route 63, you are asked to follow the Park Rd Detour utilizing Veterans Memorial Drive.

For traffic needing to access Lewiston Road/Route 63 approaching from Oak Street/Route 98 and NYS Thruway, you asked to follow the Route 63 Detour utilizing Veterans Memorial Drive.

Park Road traffic from Oak Street/Route 98 to Richmond Avenue will not be impacted by this closure. 

Traffic delays expected on Harvester Ave. beginning Friday

By Press Release

Press Release

All motorists please be aware that Harvester Avenue will experience traffic delays on Friday, Monday and Tuesday (October 21st, 24th, 25th) from 7 a.m. to 7 p.m. for paving operations. While work is being performed in this area, local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

Thank you for your cooperation.

Sign of the times, or a big can of worms: first digital sign proposed for downtown

By Joanne Beck

As members of the city’s Planning and Development Committee mulled a request Tuesday for a digital sign  — which would be the first one approved for downtown Batavia — all action came to a hush at one point.

Members Ed Flynn, David Beatty, Chairman Duane Preston and John Ognibene looked at each other for guidance.

“Does anyone want to make a motion?” Flynn said. “What is acceptable? What is definitely not acceptable?”

Ryan Macdonald, on behalf of City Church, and contractor John Flannery made the request for the church at 210-212 East Main St. They asked to install a 99-square-foot electronic message board sign on the upper west side of the former theater’s existing marquee sign, and a 41-square-foot electronic sign on the upper east portion of the marquee.

Electronic signs have not been allowed in the central commercial district of the Business Improvement District, per city code. Such signs in areas outside of BID cannot change more than once every 10 seconds and images and messages must be static, not producing the illusion of scrolling, moving objects, expanding or contracting shapes or any similar effect of animation, the Batavia Municipal Code states.

So if the committee approved the sign, those three variances would have to be assessed. Members discussed the 10-second rule, mostly being against such a quick turnover of messages.The whole idea would be a “big step” to take, Beatty said, and could also set a precedent for more of the same downtown.

He gave a visual of Jimmy Stewart’s character in “It’s a Wonderful Life,” staggering down the streets of Potterville as commercialization has taken over.

“I’m not saying that’s what you’re doing,” he said to the applicants. “It’s going to be different, and quite a large sign in itself.”

Beatty suggested using some creative thinking to accomplish the goal of advertising church events and its schedule another way with signage.

Macdonald explained that the digital sign would provide opportunity for people to know what’s happening in a more direct way while driving up and down Main Street. This is a project that’s been on the table for two years, he said, as church leaders have researched a full restoration of the marquee — at a cost of more than $300,000 — and less expensive options.

“This was kind of the halfway mark,” he said.

He also echoed Preston’s comment that going electronic is a “sign of the times.”  People live by their phones, Macdonald said, and put them on their car dashboards to watch movies.

“That’s the world we live in,” he said.

Dunkin’ Donuts, which is not in the downtown district, was mentioned as an example of a sign that Macdonald said is being made with “antiquated technology.” That’s not even an option for the church as such technology is not even being used anymore, he said.

Preston sympathized with having to use the even older method of climbing a ladder to snap letters into place on a marquee sign. But all members agreed that 10 seconds was not enough time between message changes.

The proposed sign would provide an opportunity to disseminate church news “for someone that may not be on social media,” Flannery said. It’s about more than just service schedules, he said. Messages would also include a welcome greeting, a Christmas play promotion, and the like.

“There's more opportunity for people within the community to have the opportunity to participate in something, that may be other than a normal mass that's happening,” he said. “I think you would want as much ability with what they're going to provide. Because I think it's a once in a lifetime, once in our lives job. You want to do that right.”

Finally, Ognibene made a motion to approve the request with the stipulation that the message cannot change more than every 60 seconds instead of every 10 seconds.

Ognibene, Flynn and Preston voted yes, and Beatty was the lone no vote. He just didn’t see the need for the larger, electronic version of the existing marquee, Beatty said.

This vote will serve as a recommendation to the Zoning Board of Appeals, which will review the request during its meeting next week.

Preston said he wasn’t certain it was the right decision, but that it’s now up to the ZBA for final approval.

“They may not, even though we approved it for zoning. We just made a recommendation at this point, to address the three variances,” Preston said, answering The Batavian’s question about setting a precedent for others. “It's opening up a can of worms.”

File photo of David Beatty, and photo of Duane Preston, above, by Joanne Beck. Sign photos courtesy of the Planning and Development Committee's applicant materials.

Batavia City Schools board given surprise visit this week

By Joanne Beck

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.”

According to the district, Batavia's Board of Education is responsible to the State of New York and the City of Batavia residents for the education of public school students, with a role that includes:

  • Working with the superintendent to create a district vision and set goals.

  • Review, modify, and approve all district policies.

  • Adopt a budget and present it to voters for approval. It also sets school tax rates within legal limits.

  • Hire, supervise, and support the superintendent.

Marucci encourages others to run for the Board of Education.

"It is very satisfying knowing you are helping to make our schools and Batavia community better by supporting the students, staff and leadership in their efforts to reach their goals," he said. "It was truly a wonderful presentation by the students -- on behalf of the entire board, we want to say thank you!"

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.

Budding sports announcer from Batavia given award by Buffalo broadcasters

By Howard B. Owens

Batavia High School graduate and former "voice of the Muckdogs" Griffin Della Penna has been recognized by the Buffalo Broadcasters Association with the annual BBA Russert Award.

The BBA recognizes an undergraduate or graduate student with a promising future in radio, television, digital media and/or social media with the annual Tim Russert Media Career Award. The awardees are given a $1,000 scholarship and are honored at the Hall of Fame dinner, which was this past weekend.

Della Penna is a Canisius student who has worked with the Buffalo Sabres and Bandits. He has worked on the Sabres website, including prospect updates, practice reports, and community events. He is also a Canisius College Athletics reporter.

He was a broadcaster for the Muckdogs during the first year the Muckdogs competed in the Perfect Game Collegiate Baseball League.

The BBA Russert Award went to two budding broadcasters who both aim for a career in Sports broadcasting.

Also honored was Sara Holland, a senior at the University at Buffalo.

Photo via social media.

Independent Living hosting 'Meet the Candidates' forum on Oct. 25

By Press Release

Press release:

For many years, Independent Living of the Genesee Region (ILGR) has encouraged citizens with disabilities to participate in the electoral process and make their preferences known about the candidates on the ballot in November – but first, voters need to learn more about those running to make an informed decision. 

ILGR will be hosting a “Meet the Candidates” forum in Batavia on Tuesday, Oct. 25 from 11 a.m. to 1 p.m., in the Conference Room at ILGR, located at 319 West Main Street, in the Crickler Executive Business Center. 

It will also be accessible via Zoom and will be live-streamed on Facebook at www.facebook.com/ILGR14020 and on WNYIL’s YouTube channel, www.youtube.com/user/WNYIL

In-person attendance is limited, and registration is required. To register to attend in person, to get the details to connect to Zoom, or for any questions on the event, please call Cathy DeMare at (585) 815-8501, extension 400.

Candidates invited to participate appear on the November ballot include those running for U.S. House of Representatives; State Senator; New York State Assembly; Genesee County Coroner; City of Batavia Councilman-At-Large.

Independent Living of the Genesee Region is a member of the Western New York Independent Living, Inc. family of agencies that offer an expanding array of services to aid individuals with disabilities to take control of their own lives.

 

 

Councilman Bialkowski appointed commodore of Point Breeze Yacht Club

By Press Release

Press release:

The Point Breeze Yacht Club held its Annual Member’s Meeting and Dinner on Saturday, Oct. 15, in the Clubhouse at Godfrey’s Pond.

The following slate of officers was elected: Commodore Bob Bialkowski, Vice Commodore Bob Turk, Rear Commodore Emrys March, Port Captain William Elliott, Secretary Marietta Schuth, and Treasurer Madeline Bialkowski. Vice Commodore Erik Roth was thanked for all his service and dedication to the club.

Members enjoyed a nice fall day at Godfrey’s with a great dinner catered by D & R Depot from Le Roy.

The Point Breeze Yacht Club is based at the Orleans County Marine Park which is located on the Oak Orchard River at Point Breeze.

Interested individuals may obtain information at the Club Website.

 http://www.pbycny.com

Submitted photo.  Vice Commodore Erik Roth and Commodore Bob Bialkowski.

Defendant in gun possession cases granted request for new attorney, wants to renegotiate plea

By Howard B. Owens
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.

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