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Cassandra Elmore released from jail, reportedly fails to show up at rehab, warrants issued

By Howard B. Owens

Arrest warrants have once again been issued for a Batavia woman whose dog reportedly overdosed on narcotics after she reportedly failed to show up at an assigned rehabilitation facility.

Cassandra L. Elmore, 30, was arrested on multiple warrants by Batavia PD in early February and ordered held in jail on $100,000 bail.

After learning today that Elmore would not appear in City Court as scheduled today because an arrest warrant had been issued, The Batavian inquired with officials in the local criminal justice system about her case.

Through a FOIL request with the Sheriff's Office, The Batavian learned that Elmore was released on her own recognizance at 10:30 a.m. on Feb. 18 for a bed-to-bed transfer to a rehab facility.

Assistant District Attorney Jenna Bauer confirmed that Elmore is accused of never showing up at the facility, so a warrant was issued for her arrest.

Chief Shawn Heubusch said his officers are actively looking for Elmore.

There are two warrants for Elmore, Heubusch said.

One is dated Feb. 22 and is for failure to appear on obstruction of governmental administration 2nd and failure to comply with a court-ordered program. The second is dated Feb. 22 and is for failure to appear on charges of aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, and failure to comply with a court-ordered program.

In addition to the charges underlying the two new warrants, Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June. The dog has reportedly adjusted to life in the kennel and is doing fine.

To contact Batavia PD with information on Elmore's whereabouts, call (585) 345-6370.

Previously: 

O-A school board considering two-part capital improvement project

By Heather Norton

Oakfield-Alabama school board members were advised to break the next phase of capital improvement projects into two propositions on Tuesday at the regular Board of Education meeting.

The Capital Project Planning Committee has been meeting regularly for nearly a year to bring recommendations to the board. 

SEI Design Group and Municipal Solutions representatives presented the plans and costs to renovate high school and middle school areas, including Tech/Ag, science rooms, athletic field support spaces, STEAM and F.A.C.S./Health classrooms, the stadium, and parking lots. Richard Little of SEI said these “test fit” designs are preliminary and that full designs would include collaboration with teachers and other users of the specific areas. 

In addition, many updates in the “Priority #1” Building Condition Survey (BCS) list will be completed as part of the proposed inside improvement projects. Little reported that they estimate an additional $3.8 million would complete BCS projects needed at this time. These include items like HVAC work, carpeting, pool work, and bleacher replacement. 

The committee, which also included parents, teachers and school staff, recommended separating the projects into two propositions. Proposition 1 would contain what is called inside construction, and as Maggie Augugliaro of Municipal Solutions explained, are within a higher “aided amount” from the state of New York. Proposition 1 includes renovations or updates to Tech, Ag and Art, F.A.C.S. and STEAM, MS/HS classrooms, MS/HS Science, MS/HS Pool, Concessions, Lockers, and Toilets, and BCS Priority #1. 

Proposition 2 is the renovation and relocation of the stadium area, new lighting, track replacement and an expansion of the parking. “What this does allow for is a nice proximity of the stadium to the building, and also it opens up some space…for the ag program, for future expansion. That was one of the goals, working through this Prop 2 scope here, that we were trying to achieve,” Little said. 

The outside sites and “incidental” or “soft” costs included in Proposition 2 are not aided at the same rate by the state, said Augugliaro, which is why the committee developed the two-proposition idea. However, the BOE will decide if that is how they want to proceed. 

The $15 million cost of Proposition 1 would mostly be covered by state aid, with a Capital Reserve contribution of approximately $1.8 million, which would completely cover the remainder, Augugliaro told the board. No tax increase would be needed. 

However, after aid and what was left in the Capital Reserve, Proposition 2 would still require about $5.7 million in funds. Augugliaro estimated the tax impact at $380,000 per year for 15 years. 

The BOE will discuss and vote on whether to approve the scope and schedule of the proposal as the next step in the process. If approved, and environmental impact studies were complete, the proposal would then go to public discussion and vote. 

Little made a point of thanking the many members of the Capital Project Planning Committee for their months of work, study and discussion. “Again, to thank the committee,” he said. “They are representatives of the board requesting a committee to come together and talk about our needs. (This is) what they thought would be a good project…that would meet our needs, be fiscally reasonable, and that’s what we’re presenting here today.”

Challenging, difficult, technical: 'Les Mis' at BHS clears the hurdles for a 'well-rounded, beautiful show'

By Joanne Beck

In his last year at Batavia High School, Paul Daniszewski — aka Jean Valjean — verbally painted an end to his senior year with sad hues washed in bright swaths of excitement about what’s ahead.

“It’s very bittersweet because it's like, yes, the final show, the final hurrah. But also, Oh God, the final show, the final hurrah. It's very much a sense of like going out with a bang and with a pop,” he said of this weekend’s production of “Les Misérables.”  

His future plans include being an acting major at Genesee Community College, transferring to a four-year college to continue that pursuit, and then “just see where the wind takes me” while hanging onto his vision of being a professional actor.

At present, he’s just trying to follow show Director Caryn Wood’s advice for all 36 cast members: take care of yourselves, eat, sleep, and get ready for some grueling run-throughs over the next two days.

After that, it’s showtime: Les Mis (that’s what everybody seems to call it) goes on at 7 p.m. Friday and Saturday and at 2 p.m. Sunday at Batavia High School, 260 State St., Batavia.

Most everyone has at least heard of Les Mis, even if not having seen it or read the book. Set in early 19th Century France, it is a story of Paul’s character Jean Valjean, a French peasant, and his desire for redemption after serving 19 years in jail for stealing — not a suitcase of cash or anything quite so tangibly valuable — but a loaf of bread for his sister’s starving child.

Priceless indeed. Yet he serves jail time and then decides to break parole and begin a new life with some inspiration from a bishop.

The 17-year-old actor auditioned for the role after some prodding from the show director.

“Miss Wood guided me on who I wanted to be,” Paul said. “Jean Valjean, he’s my guy. He is just an emotionally challenging character for me to portray because a lot of the characters that I've played in the past have been very upbeat, the first person I ever did was with Shrek, Lord Farquaad. And he's a very, flamboyant and very over the top … and the last one I did was Bill, and he was also very outgoing,” the actor said. “But Jean Valjean, he's so emotionally deep, that it was very hard for me for a while to embody that character. And show me the way essentially.”

Javert, the police inspector played by junior Peyton Woeller, seemed like an atypical character from what he’s usually played in shows, he said.

“But there's just something about him, I felt like he would be a fun character to play, especially because he contrasts a lot of other characters I've played before, because, like, this is the main antagonistic role. And normally I'm not a main antagonistic role, like last time in Mamma Mia. I was Harry, who was just one of the dads. So it was really fun. It was a change, which drew me to him,” Peyton said. “I actually was not all that familiar. When I've always heard of it, I never got around to watching it. But once we learned that, that was the show we were doing, I watched the Netflix one. And then I ended up watching a bunch of different stage productions on YouTube. But now I'm very familiar with the show. It’s a show based on hope for tomorrow. That's the main message behind it. It's got all of these different intertwining characters, and all of these different relationships that blend together and create just a wonderful, wonderful, complex story. And there's so many different aspects that all get thrown together in different areas. And it's just so beautifully written with the music as well.”

It’s fair to say that Javert is no nice guy. He refuses to let Jean Valjean escape justice and pursues him during most of the play. Meanwhile, Valjean and a host of characters are swept into a revolutionary period in France, where a group of young idealists attempts to overthrow the government at a street barricade in Paris.

After Valjean is humbled by compassion from a bishop, he resolves to redeem himself and turn his life around to live for God. Just where does Fantine, Abi Hoerbelt’s character, come into the story? Fantine has a young daughter named Cosette, who is later adopted by a central character.

Abi has been involved in theater since fifth grade, making this her 15th show — and last one in her high school career. Uncertain yet where she will go after graduation this year,  the senior plans to pursue theater and English education to become a teacher.

So, out of 15 shows, which one has been a favorite?

“I would by far say that this show is my favorite show I've been in. I've been in shows since I was about seven. But this is probably the biggest role I've played. And also, I just, I love the music, and I love the community and family we've built with the cast,” she said. “So I've been in shows all four years of high school, and they were all amazing. I love them, but this one was probably my favorite. I think it kind of has something to do with it being my last show. I'm really savoring it.”

Fantine is an impoverished factory worker who loses her job and has to turn to less ideal work so that she can pay a couple to continue caring for her daughter. Aside from absorbing the role of a strong character, Abi has also enjoyed building relationships with fellow cast members. The experience makes for a reluctant curtain call.

“It's really sad. As I said, I've been in the shows all four years of high school. So this coming to an end is really, like, heartbreaking, but I know that I will come back and see the shows, and I'll be doing more shows in my future,” she said.

Director Caryn Wood felt good about this choice of show, as if the students were “eager to take on a challenge.” They have put their “heart and soul” into preparations, and all have been researching their roles, watching the show, and reading reference materials “to build their characters,” she said.

“To begin with, Les Mis is difficult content, the music itself is difficult, it's challenging. The only difference between the full adult version or the standard Broadway version and the student version is that they've abridged some of it, they've shortened some of the songs for length, for time. But otherwise, all of the language is the same. Some of the keys have been adjusted for younger voices, but it's very much the same,” she said. “So that one is right off the bat, it's hard material. But then technically, I mean, there's a ton to incorporate: microphones, gunfire for the battle scenes, you know, there's just a lot to fully, in order to fully embody the tone of the show, you have to really support that you want it to visually be pleasing and to the level that it should be.

“You know, there's a standard, and we have to try to live up to it. People have expectations, and we want to reach those and hopefully exceed those expectations,” Wood said. “So just the show itself is challenging, and lots of costumes, lots of technical needs, lots of lighting design, in order to bring a well-rounded and beautiful show altogether.”

Tickets are $10 in advance and available online or $12 for adults and $10 for students/seniors at the door.  

County officials jumping on board to appeal state plan to omit Medicaid help

By Joanne Beck

Every county in the state — including Genesee — has jumped on board to appeal a part of the governor’s budget that will take away funds meant to be shared with each county for Medicaid and healthcare costs.

Genesee County is looking at losing some $188,000 this year alone if the state budget is passed as is. The county Legislature voted a week ago to send a letter opposing the move, and the state Association of Counties (NYSAC) passed a resolution Tuesday during its three-day conference to do the same, Assistant County Manager Tammy Ferringer said.

“All counties unanimously voted to bring forth the resolution, the take-back of eFMAPs. So they're hoping that that will be impactful, and then it won't go away,” Ferringer said Wednesday. “Generally, just before the budget goes through, the commissioner of Social Services will receive notice that the weekly shares have changed or that this is your amount for federal participation. So it won't be until March, the end of the month. Unless the budget doesn't pass, and then it could be April and prolonged even longer.”

EFMAPs are enhanced Federal Medical Assistance Percentage funds. Counties have been receiving funding for Medicaid costs, and Gov. Kathy Hochul’s proposed 2023-24 budget would eliminate that allowance from the upcoming fiscal year.  Earlier in February, NYSAC President Michael E. Zurlo called the governor's removal of the eFMAP funds an "unprecedented shift" that will saddle local taxpayers with up to $1 billion in new Medicaid costs with the state pocketing those medical assistance funds instead. 

"Not only does this proposal harm New York's local taxpayers, but it also subverts Congress' intent that eFMAP be shared with local governments that contribute to the Medicaid program. In March of 2020, New York Senator Charles Schumer championed that 'Enhanced FMAP funds are so important because they are immediate and flexible. The state – which gets billions and the most of any state in the nation – and counties use the money they save on whatever they want,'" Zurlo said in a news release.

"At a time when New York is facing an affordability crisis, the last thing the Governor should do is burden local taxpayers with more costs that will drive up the cost of homeownership and rent, increase business expenses and make New York more unaffordable," he said.

Congresswoman Claudia Tenney has also sounded the alarm, stating that up to $1 billion in eFMAP funds could be diverted to state coffers.

“This will force counties to further raise property taxes on local taxpayers to cover the difference,” Tenney said in a news release. “This resolution clarifies that it was Congress’ intent for eFMAP funds to be shared directly with the county and local governments that cover the associated costs.”

Congress delivers federal funds directly to states to cover a share of their Medicaid programs and other healthcare initiatives. Congress intended eFMAP funds to be shared with the New York counties and local governments that sustain the Medicaid program.

“Governor Kathy Hochul’s state budget proposal amounts to an egregious theft of taxpayer dollars. She proposes that Albany Democrats steal federal funds that Congress intended to go directly to our counties. This absolutely reckless proposal will lead to a tax hike on working families across New York,” Tenney said. “Our counties shoulder a significant portion of our state’s Medicaid share, and they should therefore receive federal reimbursement. If Kathy Hochul and Albany Democrats think they are entitled to these federal funds, they should shift the burden of funding Medicaid from our counties back to our state’s capital, as every other state in the country does. New York is the only state that demands local governments cover half of the Medicaid share. It is deeply unfair, and it must end.”

The resolution put forth by Genesee County Manager Matt Landers would reverse the governor’s plan that would also increase payments to healthcare providers and require the 57 counties to cumulatively spend at least $280 million more in the 2024 budget year, he said.

That additional $188,000 for Genesee County is for this year, and that number could likely change next year, Ferringer said. Are county officials hopeful that the governor’s budget will omit the eMAP portion? It’s possible.

“But the likelihood of that doesn't seem like it's probable,” Ferringer said. “We'll probably come to a real solution before that.”

File Photo of Tammy Ferringer by Joanne Beck.

Law and Order: Batavia woman accused of falsely reporting that her boyfriend had a gun

By Howard B. Owens

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

Wing Ding is grounded until 2024

By Joanne Beck

For reasons of timing — and a short window to work with — conflicts with other events and a busy holiday weekend, the Wing Ding Committee has decided to postpone the resurrected event to next year, Assistant City Manager Erik Fix says.

Fix made the announcement to committee members Wednesday, citing reasons of vendors and other entertainment acts being booked already, the potential for difficulty in recruiting volunteers for a busy Labor Day weekend to correlate with the Air Show, a clash in timing with the veteran September festival Labor Daze in Oakfield, and the city not being in a position to set up as event planner.

“We reached out to multiple community partners to see if they would be willing to chair the event and did not have any luck,” Fix said. “The plan is to proceed with preparations for 2024, move the event to a weekend before the airshow so we can have it on a Saturday, and to continue to seek out a community partner to chair the event.

“For this year, we will work with the (Business Improvement District) and other downtown businesses on a promotional piece that can be shared with hotels and at the Airshow, highlighting the different restaurants and shops downtown in an attempt to draw people from the Airshow to the City,” he said. 

He expects planning for 2024 to begin in the next few months. The resurrected Wing Ding was made possible with leftover funds from the city’s Centennial Celebration. City Council had approved a transfer of $9,188 for a Wing Ding event to happen in conjunction with the resurrected Air Show.

Tenney targets Canadian border for increased security

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24), today announced that she has joined the newly formed "Northern Border Security Caucus." The caucus is a coalition of 28 members of Congress who are concerned about the increased human and drug trafficking along the U.S.-Canada border.

The Northern Border Security Caucus, which all House Republicans and Democrats were invited to join, is supported by House Republican Leadership and the National Border Patrol Council, among other groups and organizations.

The U.S.-Canada border is the longest international border in the world. Recent news reports, along with data compiled over the past two years, show a surge in illegal migrant crossings and drug trafficking across the Northern border. Specifically, in the North Country sector of the border, there has been an 846% increase in illegal border crossings. As the national security threat at our Northern Border continues to grow exponentially, there has been no corresponding increase in U.S. Border Patrol staffing, which is still at the same level as it was in Fiscal Year 2009.

“There’s been an unprecedented surge in illegal crossings at our Northern Border, including an 846% increase across the North Country alone," said Congresswoman Tenney.  "Under President Biden’s failed leadership, our borders are less secure, and our communities are at risk. The Northern Border Security Caucus is needed now more than ever for members of Congress to come together with one voice to advocate against Joe Biden’s reckless policies and to focus on delivering the resources needed by our brave Border Patrol agents at our Northern Border to do their jobs effectively.”

NORTHERN BORDER FAST FACTS:

  • Drug smuggling has increased by 596% along the Northern border since Fiscal Year 2021, including a 26% increase in fentanyl.
  • Since President Biden took office nearly two years ago, there has been an almost 15 times increase in Northern land border encounters.
  • There were only 997 Northern land border encounters in January 2021. But that number has increased each month since. In the month of October 2022, there were 15,938 Northern land border encounters. In FY2020, there were 32,376 border encounters. In FY2022, there were 109,535 encounters.
  • Border Patrol staffing has remained flat since FY 2009. Since FY09, staffing levels along the Northern border sectors have been between 1,887 and 2,263 personnel. FY2020 Northern border sector staffing was 2,019.
  • The longest international border in the world, measuring 5,525 miles, the U.S. Northern border has only 115 ports of entry with no performance measures to assess security between ports.

Two City Council members speak on behalf of citizens about budget, none show at public hearings

By Joanne Beck

An apparent unexpected discussion came up just before City Council’s vote Monday evening to move a proposed tax cap override to a business meeting for final approval to create the required local law.

Council members Bob Bialkowski and Tammy Schmidt each said they would not vote to move the tax cap override for a final vote on March 13, but neither offered amendments to the proposed $33.5 million 2023-24 budget.

Both council members said they had constituents who were not happy about the budget and override, and they, therefore, were not going to vote for it.

“I've heard from many, many constituents that have serious concerns over this. So I don't support it,” Bialkowski said during the group’s conference meeting at City Hall. “But if we run short, we'll have to learn to live with it, just like the average homeowner does. You know, people are really concerned about their taxes.”

Schmidt added that the people she represents are not in favor of the budget, and maybe it’s time to give a little.

“I’m not in favor of it either. My constituents are not in favor of it. And I can't vote yes on something that the people and the citizens of the city don't want, because I feel like I work for them,” she said.

None of those constituents, nor anyone else, showed up to speak during the three public hearings regarding the budget, tax cap override and water rate increase.

City Manager Rachael Tabelski has recommended the override as a way to make budgetary ends meet this year by collecting more than the 2 percent property tax levy of $6.6 million. If council does not approve the override, it will have to cut more than $456,000 from the budget, Tabelski said.

Council President Eugene Jankowski Jr. wondered aloud why, if these two had issues, they did not bring them up during two prior budget workshops. There was also a third one tentatively scheduled, and no one said they wanted or needed it at the time, he said.

“If you had complaints from citizens … Why weren’t any amendments made or attempts to me to address those concerns during the budget process? I mean, we had a month to do this, and if somebody notified me, as a representative, I would have come to the group and said, I have people concerned about this specific part of the budget. And they don't like this part. Is there any way we can reduce that? Or what would it cost to reduce it, there was plenty of time to ask and have those questions answered,” Jankowski said. “As I understand it, from my research, if we were to make the tax cap … we'd be taking money out of necessary savings accounts to cover the costs.”

Schmidt said she only more recently became aware of the county’s revenue distributions, including $392,000 for the city. Why can’t the city put those funds toward the shortfall, she said.

Tabelski explained that auditor recommendations are to keep a fund balance of 15 to 25 percent, and she is not leaning towards pulling any of that out to pay this next year’s bills. As for using the county’s unanticipated revenues, it’s not good practice to use a one-time amount just to meet the tax cap, she said, because then what happens next year?

“We’ll find ourselves right back here,” she said.

The city has gone through lean times, Jankowski said, especially during the pandemic and related drops in revenue. And now is not the time to pick the bones.

“And I'm not happy with inflation, I'm not happy with everything that is going crazy and the costs. And I get a chance to meet with a lot of the department heads. I do this every year. And it's about as lean as I believe we can get it and still provide the public safety and the services people expect for living in this community,” he said. “I think we have a balanced budget, that is a balance between necessary public safety and services that people are accustomed to, as well as trying to keep it as reasonable as possible.”

Councilman John Canale hates to use COVID as an excuse, and it isn’t one, he said, but rather, is a calendar marker. Those were very uncertain financial times that shifted council’s perspective, he said.

“And if I remember, right, we as a board, although Tammy wasn't here at the time, I do think we as a board decided, you know what, we just have to react to the environment as it happens to us," Canale said. "So we're going to do it on a year-to-year basis. Yes, we have to look down the road as we always have, that we need to survive on a year-to-year basis right now.

"It's just like many municipalities are in the same position that we're in. If I remember it, we all kind of casually agreed that, yeah, we'll just take this thing a year at a time until we started to get out of it. You know, get into the clearing a little bit. Well, we're not even clear,” he added.  “We are all very opposed, I think, to overriding the tax cap. I certainly don't want to have to do it. When it means that we can still continue to provide all the services like you say — that we have grown accustomed to having provided for us as taxpayers — and our only choice is either to drain funds that we shouldn't really be draining that we've worked so hard to build up or override the tax cap, which is nothing that any one of us put into place. That's our state that has required that of us. This is one of those years where we're still not in the clearing yet. I think that was the only decision. That was a viable decision.

“I feel pretty proud to say we’ve maintained the tax rate,” he said.

To the contrary, Schmidt doesn’t feel proud of the status quo, she said, not when other municipalities have lowered their tax rates. The city property tax rate is $8.94 per $1,000 assessed value, and that’s to remain the same.

“Can we ever just throw a bone to the citizens?” she said. “They are on the top of the organizational chart; we work for them.”

Council voted 6 to 2 in favor of moving the budget and override to the March 13 business meeting for a final vote. Members Kathy Briggs, Al McGinnis, Rich Richmond, Paul Viele, Canale, and Jankowski voted yes to no votes cast by Bialkowski and Schmidt. All members agreed to move the proposed water rate increase of 30 cents per 1,000 gallons to the same meeting for a vote.

File Photos of Bob Bialkowski, Eugene Jankowski Jr., John Canale and Tammy Schmidt, by Howard Owens.

Pair accused of fleeing in stolen vehicle after being released from prior arrest

By Press Release

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

  • Criminal Mischief 3rd (Felony)
  • Grand Larceny 3rd (Felony)
  • Conspiracy
  • Unlawful Fleeing of a Police Officer
  • Aggravated Unlicensed Operation 2nd
  • Multiple Vehicle and Traffic Law violations

Adam J. Montes

  • Grand Larceny 3rd (Felony)
  • Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

Ellicott Station developer, GCEDC excited about project for tenants to 'live, work and play'

By Joanne Beck

While city officials have expressed surprise and disappointment about the details of Ellicott Station, developer Samuel Savarino and Steve Hyde, CEO of the county’s Economic Development Center, remain enthusiastic about the possibilities to come along with the 55-unit, low-income apartment complex in Batavia.

During an interview with The Batavian, Savarino was steadfast about tenants being employed and able to pay their rents at the 50 Ellicott St. site.

“Our project is one- and two-bedroom, which I think could be said fits the profile of young workers or working couples,” he said.

The Batavian asked about the maximum income qualifications, per the Ellicott Station application, which in some cases means people making minimum wage wouldn’t qualify for a two-person apartment. Savarino said that those numbers were fixed in 2019, per 50 to 60 percent of the area median income at the time. And they’re not set in stone.

“When things change every year, the income restrictions are reset, just as there are changes in the area median income and what people earn. So, you know, that changes over time. But, I think it really does set at some are 50 and the majority are 60 percent of AMI, right? And that's back in 2019 numbers,” he said. “And the project has to be up and operating before it gets reset. So if wages have gone up in that time, then the income restrictions will go up, and if they’re going down, the income restrictions will go down.”

He isn’t sure why city officials are upset about the low-income qualifications and Section 8 availability, he said, since the project has been geared toward what’s affordable for the Batavia area per a market study from the project's inception. It is true, he said, that Home and Community Renewal’s involvement — which happened when the state entity granted him more than $5 million in tax credits to get the project going — also meant a market study review and conclusion about what would be considered affordable.

“I think we had a market study which looked at … I mean, everybody can maybe look around things and draw their own conclusions. And, you know, a market study is a little more detailed … it's a little more refined, and more scientific with determining what the achievable rents would be and whether there would be people to rent at certain levels. Any market study will do that,” he said. “And if you looked at the application that went in to the unified funding application to Home and Community Renewal, which provides the tax credits, which an investor purchases, and then they provide some financing for the projects, that it was workforce housing, affordable workforce housing.

“And that's consistent with what everybody was saying. It can be reset, but that's what we need to follow … at the suggestion of HCR after they examined the market study. My recollection was that they said, that's where the market was. And that was where the need was.

“I’m not quite sure if there's an Oxford dictionary definition of what is affordable as opposed to workforce, as opposed to low income. You know, it depends. And it may mean different things in different communities,” he said. 

Those terms are used interchangeably, he said. Above all, he envisions working singles and couples, or perhaps seniors on a fixed income, living at Ellicott Station. Given the low-income levels, what’s the chance that many would also require government assistance to make the rent if they qualified for those income levels? Savarino wasn’t familiar with how Section 8 works, he said, but it does work the same as with any other rental. It's illegal to discriminate against a tenant with Section 8 requirements, he said.

His management will be screening applicants to ensure they have a job and can pay rent, he said. Furthermore, he believes they will be “good tenants” living in a good, quality residence with plenty of security cameras, and secured access to the building. The Batavian asked him why the playground was built and promoted if he didn’t think the apartments had the space for children — which he had said during the interview — and it is a mandated requirement, he said.

As for the meanings of workforce, affordable and low income, The Batavian had previously published an article citing the definitions, per the Housing and Urban Development site. Though, in talking to various people regarding this project, those words did seem a bit murkier. Savarino disputed a statement in a prior Batavian article that he had quoted specific, ideal wages of $18 to $20, and also $20 and below. He didn’t recall having said that, though it was captured on a recorder. None of the maximum incomes allow for those wages or even $14 in some cases.

The calculations worked out to take 30 percent of one’s salary for rent and utilities, he said, and leave the remaining 70 percent for other expenses. That means tenants could potentially have disposable income to dine at downtown restaurants or do some shopping, which was one of the original goals of the project, he said.     

The other goals were to include commercial and retail projects at the site, and, due to the lengthy time it took to get going, Resurgence Brewing “timed out” and completed a project in its own neighborhood, Savarino said. He has some interested prospects and is committed to following through with a brewery/restaurant with either an outside company or Savarino Companies itself.

Steve Hyde, president and CEO of Genesee County's Economic Development Center, focused on another aspect of the project — the longstanding and dilapidated defunct buildings at 30-50 Ellicott St. Ellicott Station was designed initially “and continues to contribute to helping achieve the goals of the Batavia Brownfield Opportunity Area (BOA) and the Downtown Revitalization Initiative (DRI),” he said.

He pulled an excerpt from the DRI application for the Build Ellicott Station Project:

“The DRI program will be a comprehensive approach to boost Batavia’s economy by transforming the downtown into a vibrant neighborhood where the next generation will want to live, work and raise a family.  A key component of the DRI program is to advance strategic private and public investments that will provide catalytic impacts to facilitate downtown revitalization.”

“I believe the Ellicott Station Project, in its current form, continues on this path by making public/private investments, revitalizing a blighted parcel which is helping to transform our downtown into a vibrant neighborhood that offers opportunities for our young adults in the community to live, work, play and raise a family in a significantly upgraded area of downtown Batavia,” Hyde said. “We continue to work closely with Developer Sam Savarino and his team to deliver upon his commitment to construct new, modern, and affordable workforce housing for working residents who have modest incomes across our community.  This is a critical element to downtown revitalization efforts because not only does Ellicott Station renovate a blighted parcel in our downtown but it is building workforce housing units for working residents in the heart of our downtown many of whom would have the opportunity to work at our area businesses which are sorely needed.”

Hyde and Savarino also pointed to the benefit of having nearby housing for employees that businesses are seeking. Without local residents, it has been difficult at times for employers to fill vacancies, Savarino said. It also equips downtown with tenants within walking distance, Hyde said.

“This further strengthens the opportunity for greater success for our Main Street businesses and our local economy.  I confirmed with Developer Sam Savarino last week that his commitment to deliver workforce housing for working residents is priority #1.  The incentives provided by GCEDC to support the comprehensive re-development of this mixed use project did comprehend the 60 percent or less AMI and associated range of incomes contemplated for the workforce housing facility as reflected in our public hearing minutes, the board memoranda and final resolution from our March 2020 Board meeting,” he said. “The net of this is: The GCEDC Board of Directors trusted in Sam Savarino to deliver workforce housing for working residents in an effort to incentivize considerable investment and improvements to transform the biggest eyesore in our downtown into a new mixed-use development.  They continue steadfast in their expectation of Mr. Savarino to honor his commitment to provide high-quality workforce housing for working residents across our community.

He and Savarino look forward to the project’s completion, and neither seems to believe that the income qualifications are too low to bring prosperity to the city of Batavia, per questions asked by The Batavian and the focused answers.

“I personally continue to look forward to the positive benefits provided by the Ellicott Station project which includes offering new apartments to our working residents priced in an affordable fashion that would allow them to live, work and play downtown,” Hyde said. “This will, in my view, help to elevate the staffing availability and success of our area businesses – our Main Street businesses in particular.  That is the promise we continue to expect and the main premise why GCEDC has participated actively in this project over the course of the last eight years.”

Photo: File photo of Sam Savarino at the Ellicott Station groundbreaking by Howard Owens

Winter Advisory for Genesee County

By Joanne Beck

The National Weather Service has issued a Winter Weather Advisory, to be in effect until midnight.

Total snow accumulations of 2 to 5 inches are expected. Winds gusting as high as 35 mph in Genesee, Niagara, Orleans and Northern Erie counties. Plan on slippery road conditions. The hazardous conditions could impact the evening commute. Periods of snow will result in snow covered roads and limited visibilities. Slow down and use caution while driving.

 

Author to discuss 'Riding Jane Crow' Saturday at Richmond Library

By Press Release

Press Release:

Richmond Memorial Library will host an author and book talk on Saturday at 1 p.m. in the Reading Room. Dr. Miriam Thaggert will present her 2022 book, "Riding Jane Crow: African American Women on the American Railroad."

About the book: As Jim Crow laws became more prevalent and forced black Americans to "ride Jim Crow" on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of black female railroad travel: the travel narratives of black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; black middle-class women who sued to ride in first class and ladies’ cars and black women railroad food vendors; and black maids on Pullman trains.

Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or "progress," through her travel experiences.

About the presenter: Professor Miriam Thaggert is an Associate Professor of English at the University of Buffalo. She is the author of "Riding Jane Crow and Images of Black Modernism: Verbal and Visual Strategies of the Harlem Renaissance." She also co-edited two volumes, A History of the Harlem Renaissance and African American Literature in Transition, 1920-30, both published by Cambridge University Press. For more information, visit miriamthaggert.com

Copies are available to borrow through the library and a limited number of copies will be for sale at the event. Richmond Memorial Library is located at 19 Ross St., Batavia. For more about the library, visit batavialibrary.org or call 585-343-9550.

Submitted Photo of Miriam Thaggert.

Tenney wants to redirect IRS funds to border enforcement

By Press Release

Press release:

Congresswoman Claudia Tenney (NY-24) yesterday reintroduced the Diverting IRS Resources to the Exigent Crisis Today (DIRECT) Act. The legislation, which Tenney first introduced last year, redirects $45.6 billion from the Biden administration’s overreaching plan to increase audits of low and middle-class families to the border to hire additional law enforcement agents and increase security.

Additional co-sponsors include Rep. Brian Babin (TX-26).

In the Democrats’ falsely named Inflation Reduction Act, the IRS received $45.6 billion for additional enforcement activities, a significant portion of which is set to be used to target low- and middle-income Americans for increased audits. As the Biden administration continues to ignore the crisis at our Southern Border, it is time to put these funds to better use on behalf of the American people. Already in Fiscal Year 2023, there have been almost 875,000 illegal crossings at our Southern Border.

“Since Joe Biden took office, there have been more than 4.6 million illegal crossings at our Southern Border – it is a historic and tragic record. Yet even amidst this crisis, the Biden administration has prioritized increasing audits on middle-class Americans, rather than hiring additional Border Patrol agents to safeguard our national security and restore operational control of the border,” said Congresswoman Tenney. “While the Republican House voted earlier this year to defund Joe Biden’s massive IRS expansion, this bill goes a step further by redirecting these funds to the border, where they are urgently needed.”

The full text of the bill is available here

WBTA owner sells station after 53 years, keeps it local

By Joanne Beck

After more than 50 years in the news business — covering the gamut from radio DJ and newspaper writer to regional photographer, vice president of broadcasting for five stations, and owner of  the successful WBTA radio station with wife Debrah right here in Batavia — Dan Fischer is ready to call it a day

Paperwork was filed on Feb. 17 and the sale became public on Feb. 21 that WBTA advertising executive Jim Ernst, aka Majic Tones LLC, purchased the station, officially titled HPL Communications, for $425,000.

“I’m 72, I’ve been doing this for 53 years, it’s time,” Fischer said to The Batavian. “I enjoy the business; I truly never worked a day in my life. I had the opportunity to sell locally. Jim is an account executive for us, he’s a local guy who grew up in Batavia, and he’s been with us for eight years.”

WBTA AM radio has been on the air based in Batavia since February 1941, with two FM stations, one each based in Batavia and Le Roy, and all three carry the same program. And programs are streamed around the world, Fischer said, to audiences that can be counted “by the person” versus less accurate totals for other audience types.

The station reaps 25,000 listeners cumulatively during each weekly period, though the numbers can vary, say, on a snow day — and “average listenership just soars,” Fischer said. After all, everyone seems concerned about bad weather days.

As for the new ownership, Ernst is a familiar face around town, and “wishes to keep everything the way it is” right now, Fischer said.

“He’s happy with the way things are,” Fischer said.

Staff will also remain the same at this point, which is five full-time, including President/General Manager Dan Fischer and Vice President/Business Manager Debrah Fischer, and five part-time staff, and about four contract talents for sports play-by-play broadcasts, he said.

Perhaps more importantly, how did this all come about? “Jim and I have been talking for a year,” Fischer said. “I was not actively seeking a buyer.”

He liked the idea of keeping the station in local hands, and believes that’s been a key to the station’s success. WBTA had one of its best years in 2019, just before COVID and the pandemic hit, he said, and “we suffered, along with many other businesses,” but the workload on media increased even more so by covering pandemic-related news briefings, announcements, vaccine and protocol updates, and infection rates, he said.

“All while advertising revenues lagged,” he said. “That was a challenge. The station has always done well when in local hands … and owners understand that the way to success was serving the public interest.

“WBTA and The Batavian are the only locally owned and operated media. One of the highlights of my tenure has been our partnership with The Batavian,” Fischer said. “Covering local news is an expensive proposition at a time when advertising revenues for all traditional media are shrinking. We have been able, with our partnership with the Batavian, to stay very competitive in this market.”

Likewise, The Batavian’s publisher, Howard Owens, has greatly valued his professional relationship with Fischer, while also appreciating his “journalistic friendship.”

“I first talked to Dan after I became owner of The Batavian in March 2009. He could see the value of what we were doing, and could see the value of a news partnership. That always gave me somebody to talk to, and we could trust each other. His knowledge of Genesee County has been a tremendous asset to The Batavian, and WBTA is a great example of a news organization serving its local community,” Owens said. “I’m looking forward to working with Jim.”

Fischer’s long history with the company — he and business partner Debrah, who will continue in a consultant role after the sale, bought WBTA in 2004 — also includes a lot of journalism roots attached. His first job was as a country music DJ in Utica who also read the news for listeners. The station owner liked the way Fischer read, and “I really enjoyed doing news,” he said.

“It was a more important calling than just announcing the next Johnny Cash song,” Fischer said.

He worked his way up the ranks, moving to Jamestown, where he met the future Mrs. Fischer, and also worked for Buffalo Courier, Erie Times-News, and WIVB, gleaning all sorts of media nuggets for his future career. He eventually moved to Batavia — a brand new place for the native of Cheektowaga — and credits the late Bill Brown, a popular media figure and author about town — for inviting Fischer to Batavia Rotary, where he met several people, and made those much-needed connections as a new business owner.

Part of the local aspect includes WBTA’s status as being a heritage, full-service radio station. It has been around for decades, even before World War II, Fischer said. News stories from its airwaves have been about tragedy — the Attica Prison riot — and victories — high school championship football games. And everything in between.

“I can’t imagine operating a station with just music,” he said.

Many pancake breakfasts and chicken barbecues later, the Fischers had settled into Batavia life, though as residents of Oakfield. Married for 33 years, they plan to continue their love for travel and visiting family. That is, after all legalities have been finalized, which is to happen in 80 to 90 days when a notification will be sent regarding an assignment of licenses, and that gives the parties 10 days to close the deal.

Top Photo: Dan and Debrah Fischer at the time of the station's 75th anniversary. Photo by Howard Owens. Inset photo, Jim Ernst, courtesy WBTA. 

FeBREWary 2023 draws hundreds downtown

By Joanne Beck

Hundreds of thirsty visitors walked the streets of downtown Batavia this weekend in search of some tasty ale.

As it turned out, they found plenty of it -- 21 stops, in fact, of craft brews, ciders, and meads at various merchants throughout the Business Improvement District. It was the annual FeBREWary beer walk hosted by the BID.

Beverages, snacks, raffles, and prizes aside, the bustling sidewalks were a welcomed attraction, BID Executive Director Shannon Maute said. Overall, the event went "extremely well," she said.

"We had just about 600 attendees. It was nice to see people walking our main streets and filling our downtown businesses," she said. "Everyone seemed to be having a great time."

To view or purchase photos, click here.

Photos by Steve Ognibene

Law and Order: Duo from Rochester accused of fleeing police in stolen Cherokee

By Howard B. Owens

Ronnel Simien Agee, Jr., 20, of Depew Street, Rochester, and  Jaquel Rashod Gibson, 21, of Rochester, are charged with criminal possession of stolen property, reckless endangerment 1st, unlawful fleeing a police officer in a motor vehicle, 3rd, and obstructing governmental administration 2nd. Agee and Gibson are accused of fleeing from Deputy Kevin Quackenbush in a stolen 2022 Jeep Cherokee after Quackenbush attempted a traffic stop on Route 33 in Stafford at 8:16 p.m. on Feb. 16. The pursuit continued through Bergen, RIga, Chili, and into the Town of Le Roy, where Le Roy PD deployed spike strips. The vehicle stopped on Randal Road and Agee is accused of running from the vehicle on foot. He was taken into custody a short time later. Both men were held pending arraignment.

Brian Tyler Stachewicz, 27, of Porter Avenue, Batavia, is charged with offering a false instrument for filing 1st. Stachewicz is accused of providing false information on a pistol permit application filed on Aug. 22. He was arrested on Feb. 21 and released on an appearance ticket.

Michael John Vanbuskirk, 49, of Union Street, Le Roy, is charged with bail jumping 3rd. Vanbuskirk is accused of failure to appear in court as ordered on a felony charge and then not turning himself in within 30 days. Vanbuskirk was released on an appearance ticket. 

Kevin Michael Monell, 31, of Horan Road, Medina, is charged with petit larceny.  Monell is accused of stealing a carton of cigarettes from a smoke shop on the Tonawanda Indian Reservation on Feb. 23. He was released on an appearance ticket.

Andrea Michelle Kreutter, 33, of East Bethany Le Roy Road, Bethany, is charged with criminal possession of a controlled substance 7th and driver's view obstructed. Kreutter was arrested on Feb. 22 and accused of possessing illegal narcotics during a traffic stop by Deputy Nicholas Chamoun at 11:50 p.m. on May 13 on East Main Street Road, Batavia. She was ordered to appear in Town of Batavia Court on March 14.

Justine Denae Wood, 36, of Washington Avenue, Batavia, is charged with bail jumping 3rd. Wood is accused of failing to appear in Town of Stafford Court on a criminal matter on Jan. 23.  She was arraigned and ordered held on $2,000 bail.

Jayne B. Liotto, 63, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Liotto was reportedly involved in a single-vehicle accident at 1:01 a.m. on Feb. 24 on Drake Street Road, Elba. The accident was investigated by Deputy Jeremiah Gechell. Liotto was released on an appearance ticket.

Hector Yaidal Hernandez, 22, of Ridgeway Avenue, Rochester, is charged with DWI and speeding. Hernandez was stopped 3:34 a.m. on Feb. 25 on Apple Tree Avenue in Bergen by Sgt. Mathew Clor. He was released on an appearance ticket.

Hawley urges governor to reconsider gas stove ban

By Press Release

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) is joining many New Yorkers calling on the governor to reconsider her position on banning gas stoves from future new housing and construction developments in New York. What has been touted as a means to combat climate change and entice people to come to the state is now being seen as a measure to control businesses on a more granular level in New York, and Hawley doesn’t like the concept. 

“Albany progressives claim the measure is a simple implementation of new policy, but I don’t see it that way,” Hawley said. “For one, the measure neglects the fact that people upstate rely on natural gas to a greater degree than downstate homeowners, who may, in fact, benefit more from electric devices. But of course, when implementing statewide policy, we’re used to the fact that downstate progressives in charge of our government favor the one-size-fits-all approach.”

“But more than that, it’s another example of Albany focusing on an issue that seems like a big deal but will do very little in the long run. The average person cutting out natural gas in their daily life will not change the climate dramatically, so why punish the average person or business with more restrictions on how they can live their lives or operate? Why not focus the unilateral power the Assembly majority holds on bigger issues like inflation? They shouldn’t be allowed to pat themselves on the back, because they are once again infringing on the choices of New Yorkers,” Hawley concluded.

 

Monday's public hearings give time for input on budget, tax cap override and water increase

By Joanne Beck

A total operating budget of $33.5 million and tax cap override are not necessarily a done deal, City Councilman-at-large Bob Bialkowski says

Both of those issues are on the agenda for public hearings at the council’s next conference meeting. It’s set for 7 p.m. Monday, in the Council Board Room at City Hall.

Council had two budget workshops earlier this month to review the proposed 2023-24 budget, ask questions and make potential suggestions or amendments. No amendments were made to the spending plan, however, a final vote has not yet been cast, Bialkowski said.

“I’ve had a lot of constituents complain about it,” he said to The Batavian.

He hopes that citizens attend the hearing to make their feelings known for the record.

In her memo to council, City Manager Rachael Tabelski said that a general fund of $19.4 million balances revenues and expenses and includes considerations for increased costs of 8 percent inflation, double diesel fuel, $400,000 in employee wages, $300,000 in retirements, $475,000 in health care and 15 to 40 percent hikes in utilities and materials, including salt, gas and electric.

Employee expenses include nonunion raises effective April 1 for 15 positions ranging from secretary to the city administrator to city manager.

City Council conducted its usual annual performance appraisal for the city manager, Council President Eugene Jankowski Jr. said, per conditions of the manager’s contract. He would not provide any additional comments about the manager’s performance. Her raise is set to go from an initial $112,000 to an adjusted 117,600 and then to $121,128 for the 2023-24 budget year, based on “highest union” numbers.

Positions of human resources director, assistant manager, police chief, and fire chief, and public works director are slated for an $8,000 increase from the initial 2022-23 figure to 2023-24 budget year, for salaries of $111,687 for the first three positions, respectively; $106,453 for fire chief; and $96,194 for DPW director.

City Council recently approved increases for police personnel that would incrementally boost salaries by 3 percent in the first year and 2.5 percent in the second and third years as part of union negotiations. Council members, including Jankowski, Tammy Schmidt, and Kathy Briggs, had agreed that the increases were warranted as ways to attract and retain quality employees and remain competitive with other similarly sized cities.

If the council approves the budget, which requires a larger tax levy than allowable by state mandate, the tax cap override would also have to go to vote and be approved by at least a 60 percent yes vote of council. The proposed tax levy is $6.6 million, however, Tabelski is recommending a stable tax rate of $8.94, which is the current rate. She has said there are to be no new assessment increases this year — unless substantial improvements have been made to one’s property — which may be of little consolation for those still adjusting to the last two years of hikes. Bottom line is that a flat tax rate has meant a bigger property tax bill due to a higher assessment.

There is a third public hearing regarding new water rates, meter fees, and a capital improvement fee. The proposed water rate increase is 30 cents more per $1,000 gallons of water. This measure is to cost a typical family of four $60 more per year, Tabelski said.

There is time allotted for public comments during the meeting. Sign up with the city clerk before it begins.

To view the agenda and related documents, go HERE.

File Photo of City Manager Rachael Tabelski by Howard Owens.

Brady Fix of Le Roy named to Dean's List at Coastal Carolina U

By Press Release

Press Release: 

More than 2,700 undergraduate students at Coastal Carolina University were named to the Dean's List for the Fall 2022 semester, including Brady Fix, from Le Roy. Students who make the Dean's List have achieved a grade point average of 3.5 or higher (3.25 for freshmen) for the semester.

Coastal Carolina University is a dynamic, public comprehensive liberal arts institution located in Conway, located just minutes from the resort area of Myrtle Beach, S.C.

CCU offers baccalaureate degrees in 104 major fields of study. Among the University's graduate-level programs are 27 master's degrees, one educational specialist degree, and the doctorates in education and in marine science: coastal and marine systems science. CCU boasts a growing array of internship, research, and international opportunities for students, as well as numerous online programs through Coastal Online.

More than 10,300 students from across the country and around the world interact with a world-class faculty, and enjoy a nationally competitive NCAA I athletic program, an inspiring cultural calendar, and a tradition of community interaction that is fueled by more than 180 student clubs and organizations.

Tickets still available for Febrewary this Saturday

By Joanne Beck

There are still some tickets remaining for the 2023 Febrewary beer walk Saturday in downtown Batavia, so grab your coat and gloves and head out for a cold one. 

General admission tickets are $30 and include a collectible snifter glass, snacks along the way, raffles and giveaways, and tastings from 5 to 8 p.m. VIP tickets are $40 and include all of the regular features plus an extra hour, from 4 to 8 p.m., an exclusive tasting and a food station.

Designated drivers will be able to partake of the specials, raffles, snacks and non-alcoholic tastings for $10.

Tickets may be purchased at Event Brite, and there will be a limited number of paper tickets available at Adam Miller Toy & Bicycle shop on Center Street and Yngodess on Main Street, Batavia. They will also be available for purchase on Saturday. For more information, go to BID Febrewary

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