notify

The Genesee County Sheriff’s Department is investigating why a car went off the road in Pembroke and struck a parked van in the parking lot of 857 Main Road at about 5:46 p.m. on Thursday.

According to Pembroke Fire Chief Jamie Waff, the vehicle was traveling east on Main Road when it left the roadway and struck an employee’s van that was parked at the Kutter’s Cheese Factory Store.

The elderly male driver was extricated and was in and out of consciousness when he was transported by Mercy Flight to Erie County Medical Center. Waff says he suffered life-threatening injuries. The elderly female passenger suffered serious non-life-threatening injuries and was also transported to ECMC by a second Mercy Flight helicopter.

The driver may have suffered a medical issue before the crash.

Pembroke and Indian Falls Fire along with Mercy EMS responded to the scene along with the Sheriff’s Department.

Photos by Alecia Kaus/Video News Service.

Patrons of Batavia Downs Gaming wagered close to $90 million during the month of May, according to the chief financial officer for Western Regional Off-Track Betting Corp.

“Credits played in May came to $88.8 million with 7.2 percent of that – or $6.4 million – slotted into the “VGM (video game machine) net win” category,” Jacquelyne Leach said today. “Conceptually, about 8 percent of the total amount wagered makes up the net win.”

Leach reported that year to date “net win” stands at $31.6 million – a staggering number – but the public benefit company keeps a bit more than half of that amount.

Forty-nine percent of the net win goes to the New York State Gaming Commission, Leach explained, with 90 percent of that earmarked for education and 10 percent staying with the commission, which oversees gaming operations.

That leaves 51 percent, which stays with WROTB, Leach said, and is divided as follows:

• 37 percent -- Batavia Downs vendor fee, which includes a 10 percent distribution for harness horse racing purse payments, the Western New York Harness Horsemen’s Association and breeders’ payments and 27 percent for operating expenses, such as payroll, utilities, etc.

• 10 percent -- Marketing allowance to promote Batavia Downs Gaming and horse racing.

• 4 percent -- Capital awards fund for capital improvements, debt service, etc.

“After all of the obligations are met and all operating expenses are paid, then the rest is distributed to our member municipalities,” Leach said, adding that the corporation’s surcharge distribution for May was $88,459 and that $315,000 has been generated for the municipalities since Jan. 1.

WROTB’s geographical area is comprised of 18 counties, 15 of which participate as members of the corporation, and the cities of Buffalo and Rochester.

In 2021, WROTB distributed $123,409 to Genesee County, $85,235 to Orleans County and $84,619 to Wyoming County. All told, distributions to all member municipalities for last year came to $5,793,184.

A public hearing is not required for approval of a 76-unit expansion of the Country Meadows housing community at 5121 Clinton Street Road, Batavia, but since some residents of Stringham Drive might be concerned about it, the Town of Batavia Planning Board agreed at Tuesday's meeting to hold a hearing.

A public hearing requires notification to neighboring residents and gives them an opportunity to express concerns or ask questions.

The hearing will be at 7 p.m., July 19 at the Batavia Town Hall.

Country Meadows is operated by Rochester MHP Portfolio LLC and owner Jeffrey Cook.  It currently contains 174 manufactured homes.

Stringham Drive is immediately to the south of the 75-acre parcel.

Engineer Glenn F. Thornton presented the development plans to the board on Tuesday and said steps are being taken to address any potential concerns of Stringham Drive residents.  

He said there is an additional 50 feet of separation between the new home lots and the property lines of Stringham Drive homes.

"It's heavily vegetated over there (along the southern boundary of the development), so we're proposing to leave all of the vegetation in place to kind of screen the two properties from each other," Thornton said.

The new lots will be slightly more spacious than the existing lots, he said. The current lots are about four to an acre, he said.  The new lots will be 2.5 per acre.

Much of the reason for the larger lots are the constraints imposed by the geography and infrastructure of the area being developed.   There needs to be proper stormwater drainage and there is an existing "fairly wide" town sanitary sewer easement through the property.

"I think everything we're proposing is within the 6,000 square foot minimum lot size," Thornton said. "The separations between the homes, the setbacks from the property lines, I believe everything is code compliant, so we're not looking for any variances."

Much of the discussion Tuesday was about stormwater drainage.  The plan includes a swale, already a natural feature of the property, to drain water into a retention pond so it can be slowly drained into the town's stormwater drainage system, as well as berms to help channel runoff.

The new development will not increase runoff on Stringham Drive, Thornton said.

"Stringham Drive's drainage is coming our way actually," Thornton said. "We're actually capturing the runoff from Stringham Drive that's coming out on our property and routing it around our home sites, trying to get it up into this swale (pointing to an architectural drawing) up in here. Really, anything within the development area we have to capture and route into our stormwater management areas. So anything we have is going into those areas where we'll mitigate the flow to existing conditions as it leaves the property."

There are currently three driveways serving the development.

Planning documents submitted by Thornton's firm state there will not be a significant increase in traffic as a result of the additional pre-manufactured homes. It states there will be 275 additional vehicle trips daily, with 19 additional trips during the peak morning hour and 42 during the peak afternoon hour, and most of those trips through the property's western driveway.

That driveway can easily accommodate the additional traffic, the report states.

Photo: Glenn Thornton. Photo by Howard Owens.

The Batavia Concert Band opened its 96th season on a perfect evening in Centennial Park on Wednesday with a tribute to long-time member Bob Knipe and a thank you to its 2022 sponsors, including (but not limited to) GO ART!, Brighton Securities, WBTA, and the Batavia Rotary Club.

Upcoming concerts are at 7 p.m. on July 27, July 6, July 13, July 20, July 27, and Aug. 6.

The July 3 concert will feature soloist Dave Hollenbeck, as part of the Pam Frisby Memorial Concert Series.  

The July 27 concert will be conducted by Batavia native and resident Joshua Pacino, current music teacher at Notre Dame.

Returning for his ninth season as conductor is John Bailey, Instrumental Music teacher at Pembroke Central School District and the organization is under the leadership of General Manager Jason Smith.

The concerts in the park are free.

The law firm representing Western Regional Off-Track Betting Corp. is preparing to file a motion to dismiss a suit filed by a former state senator alleging that the public benefit company illegally offered health insurance to its directors and improperly distributed sporting event tickets.

That’s the word from WROTB President Henry Wojtaszek this morning following the monthly board of directors meeting at the Park Road facility.

“That’s correct,” Wojtaszek responded when asked by The Batavian if filing a motion to dismiss the lawsuit filed by George Maziarz was going to be the first order of business by attorneys for Hodgson Russ LLP of Buffalo. “We don't believe it's brought properly, either substantively or procedurally. So, we'll make a motion to dismiss right off the bat.”

In mid-May, Maziarz, a state senator from Niagara County for 10 years through 2014, met with local media across the street from Batavia Downs Gaming to provide details of his suit – action that focuses on previously investigated accusations of misuse of sporting event and concert tickets and the legality of “gold-plated” health insurance given to appointed board members.

An audit by the New York State Comptroller’s office criticized WROTB over the handling of the tickets and also use of a company vehicle stemming from 2018-19, but Wojtaszek said those issues have been addressed and corrected.

Wojtaszek contends that Maziarz is waging a personal vendetta against him and WROTB in retaliation of Maziarz’s conviction of public corruption while in office.

The corporation’s board of directors this morning approved a contract to pay Hodgson Russ up to $25,000 to fight the suit.

Hodgson Russ also is representing WROTB in a $14.5 million wrongful termination lawsuit filed last August by Michael Nolan, the former chief operating officer at WROTB who was let go of his position in December 2020.

“We are just waiting for the judge to rule on the motions that are before him right now,” Wojtaszek said today. “We expect that (to happen) in three to six months.”

In other developments, Wojtaszek reported:

• The timetable of the Park Road Reconstruction Project “is coming along very well – we still anticipate them completing the project sometime in late September, early October.”

He said the traffic pattern may be changing soon, adding that Ryan Hasenauer, director of Marketing, will be sure to let the public know in advance.

“We met with the contractor, CATCO, yesterday and with the Town of Batavia, and there may be some effort to open up to two-way traffic at some points of Park Road to alleviate some of the traffic jams and also to help facilitate moving the project along and completing it in a more timely manner,” he said.

Wojtaszek said officials are looking at opening the road for two-way traffic starting at the intersection of Richmond Avenue (near Alex’s Place) and north toward Veterans Memorial Drive in the next couple weeks.

“The town needs to check with all the people involved, including the emergency services and the DOT (Department of Transportation) to make sure that can be accomplished. But again, we like to move to that next phase where maybe we reopened two-way traffic and where a different part of the road is closed off entirely.”

• The “odds are good” that the track’s harness horse racing season will be extended into January and February of 2023 as negotiations with the Western New York Harness Horsemen’s Association are ongoing.

“We have a good relationship with the horsemen in Western New York,” he said. “They presented us with a very reasonable plan to have the racing occur here at Batavia Downs. So, the board is inclined to have the racing in January and February and we just have to work out the details of the contract.”

The 2022 racing season is set to begin on July 20 and originally was scheduled to run through Dec. 17 (with racing two or three nights per week). Previously, Wojtaszek indicated that the WNYHHA would reimburse Batavia Downs for the cost of operating in the first two months of next year.

• WROTB is looking to streamline its Off-Track Betting branch locations, likely moving from the current 10 throughout the region to maybe seven or eight. Along those lines, the corporation is entertaining a purchase offer for Military Road branch in Niagara Falls and will be putting the West Ridge Road, Rochester, branch on the market soon.

“We have a lot of EZ Bets now and we have our machinery at different bars and restaurants that help alleviate the need for full-scale branches,” Wojtaszek said.

• The corporation is considering hiring an insurance consultant in the wake of rising premiums.

The board approved a resolution to pay $1,089,824 to Garland Insurance & Financial Services for property and casualty liability insurance for one year, through June 1, 2023. Wojtaszek said the premium increase by about 7 percent from the previous year.

“The insurance industry has gone up, overall. We know that it’s a very tough environment, but the increase was substantial,” he said. “So, yes, we’d like to have someone else look at it try to help us with the insurance.”

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Previously: WROTB's Genesee County director sees 'no basis' for Nolan's lawsuit vs. corporation, president, board chair

Rendering by JMZ Architects and Planners for the new Student Success Center, shows the Conable Technology Building, to the far right, which is slated for a new roof.

It looks like Genesee Community College will be getting a new turf field, cooling tower, arts center connector and a roof for Conable Technology Building, with half of it to be paid for by Genesee County.

The county Legislature approved the request for 50 percent funding — $1.3 million — of the college’s capital projects during its Wednesday meeting.

The projects are to cost $950,000 for the turf field; $1.06 million for a new roof; $410,000 for cooling tower; and $180,000 for the  Arts Center connector replacement for a total of $2.6 million. The Legislature had committed to paying for half in November 2021, and the bill has been delivered. The county’s Ways & Means Committee had previously reviewed and recommended that the county pony up for the expense.

During talks last fall, college President James Sunser had called the projects “long-standing critical needs,” and urged the Legislature to enter into a 50-50 agreement to pay for them. The projects are part of GCC’s Facilities Master Plan, which was approved by the college’s Board of Trustees before being submitted to Genesee County and New York State’s Dormitory Authority. If the county committed to paying for half, the state would do likewise, Sunser had said.

The turf field will be a replacement for the nearly 13-year-old soccer and lacrosse field adjacent to Richard C. Call Arena; a new cooling tower would replace one that is “well past its useful life,”while an updated connective corridor will be situated between original buildings, from the cafeteria to the fine arts building and theater. A new roof for the Conable Technology Building would shore up one that was part of the original 2000 structure, which has developed leaks, Sunser had said. A new parking lot for Conable, at a cost of $800,000, would have made the county's total $1.7 million, and is not on the list approved by the Legislature.

At that meeting in November, Legislator Gary Maha had expressed concern about doling out $70 million for a new county jail, and that this additional spending was “kind of hard to swallow in one year.” Nonetheless, the full Legislature agreed to the move on Wednesday.

The county plans to transfer $1.3 million into the general budget, with 1 percent of sales tax offsetting the increased spending.

“Genesee County will be responsible for $1.3 million for said projects,” the resolution states.

 

In a time when gasoline has hugged the $5 a gallon price, and everything from food and clothing to furniture seems to be climbing in cost, sometimes it makes sense to flip the script.

That’s what Genesee County Legislator John Deleo did for the traditional prayer before Wednesday’s meeting.

Instead of posturing for divine guidance, he simply asked for some comfort.

“We ask you to look over us,” he said in the Old Courthouse chambers. “Inflation, the state of the nation … are taking a toll on us. People are finding it harder to buy food, or gas to go to work.”

In a June 10 article, “Inflation Sped Up Again in May, Dashing Hopes for Relief,” The New York Times pointed to high inflation and the Federal Reserve’s attempts to control it as contributing to “a sour economic mood.”

“Consumer confidence, which has been sinking since last year as households shoulder the burden of higher prices, plunged to a new low in a report out Friday,” the article stated. “President Biden’s approval ratings have also suffered, and Wall Street economists and small-business owners increasingly worry that a recession is possible in the next year.”

No wonder Deleo put away the platitudes and took to straight talk. The pressure is mounting, he said, and he asked the “heavenly Father” to keep people in His care.

“And give them the strength to get us through this,” the legislator said.

He also tacked on a plea that, instead of turning water into wine, that there are other, more valuable commodities to focus on.

“Let’s go with gas and diesel,” he said.

2022 File Photo of Genesee County Legislator John Deleo during a county meeting. Photo by Joanne Beck.

An approved request for $55,000 to pay for after-hours mental health services for the remaining six months of this year will extend Spectrum Health and Human Services to Dec. 31.

Genesee County Legislature approved the request Wednesday as one of 11 items previously reviewed by the Ways & Means Committee earlier this month.

The county’s day treatment program was closed, and funding for that will be redirected to the after-hours, on-call mental health needs of the county, Director of Community Mental Health Services Lynda Battaglia had previously said.

The goal is to potentially use county mental health staff for the after-hours needs, however, that’s not feasible given a current staffing shortage, staff had said. At the time, Legislator Gary Maha questioned the $55,000 price tag and short-term time period.

“For six months?” he said. “That’s a lot of money.”

The services were used mostly during the pandemic, staff said.

Genesee County Legislature agreed to provide a total not to exceed $55,0000; it will be transferred out of personal services, arts and crafts, activity fees, and food and paper monies that were not expended due to the closure of the Day Treatment program earlier this year.

Spectrum Health and Human Services is based in Orchard Park. The agency’s original contract was due June 30, which has now been extended to the end of this year for crisis services.

Other approvals included:

• To set a public hearing for 5:30 p.m. July 27 for an amended local law regarding the county’s weighted voting plans. There is also to be a public hearing at this time for a proposed operating budget for Genesee Community College's academic year 2022-23 in the amount of $37.2 million, with a sponsor share of $2,736,374. Genesee County is responsible for the sponsor share, and this reflects a $50,000 increase from the past year's share.
• To set a temporary part-time position for the Board of Elections to assist with early voting, per election law mandates. The position has been established at a rate of $20 per hour effective June 27, and has been created due to the impending retirement of a current Democratic board clerk/machine technician. The departing employee is to be available to help train the new, part-time person. This move has a budgeted salary of $55,000, deemed “sufficient for 2022.”
• A bid of $1,468,100 by Montante Construction for stonework at Genesee Justice, 14 West Main St., Batavia.

Fantasia Speed Dontaya Kyles

Fantasia Octavia Speed, 21, of Weaver Street, Rochester, is charged with grand larceny 3rd, grand larceny 4th, and conspiracy 5th. Speed is accused of stealing something from Walmart at 3:28 p.m., June 20.  Speed was released on her own recognizance.  The grand larceny 4th charge stemmed from a an arrest warrant held by the State Police. NOTE: Attempts to obtain more information on the alleged offense, specifically what was stolen, from the Sheriff's Office were unsuccessful.

Dontaya Nell Kyles, 30, of Affinity Lane, Greece, is charged with grand larceny 3rd. Kyles is accused of stealing merchandise from Walmart valued at more than $3,000. Kyles was arraigned in Town of Batavia Court and released on her own recognizance.

Lauren Kay Pellegrino, 40, of West Main Street, Le Roy, is charged with assault 3rd and menacing 3rd. Pellegrino is accused of assaulting another person at 8:45 p.m., June 20. She was arrested by Officer John Ceneviva and arraigned in Le Roy Town Court. She was released on her own recognizance and an order of protection was issued for her alleged victim.

Peter Jerome Vangalio, 49, of Genesee Street, Le Roy, is charged with criminal contempt 2nd. Vangalio is accused of going to the home of a person of a protected party in an order of protection at 11:55 p.m., June 19, on Genesee Street in Le Roy.  He was arrested by Officer Zachary Klafehn and released on an appearance ticket.

A pair of apparently former Batavia residents facing felony animal cruelty charges failed to appear in City Court today for arraignment, prompting Judge Durin Rogers to issue arrest warrants for both defendants.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Both defendants were scheduled to appear earlier in June and both called the court to report that they had COVID-19. They were ordered to appear today and provide proof of positive COVID tests.

Rogers noted that both were clearly aware of the order to appear today for arraignment, and they both demonstrated with their prior calls that they knew how to reach the court if they couldn't make their appearance. 

During his remarks, Rogers referred to Searight as a former Batavia resident. He made no mention of where the defendants might be living now.

One of the two Pitbulls found in the apartment was, according to court documents, in such bad shape that she had to be euthanized.  The other dog is recovering at Genesee County Animal Shelter. He is not yet available for adoption because the owners have yet to relinquish ownership.

Rogers asked the assistant district attorney if the dog was still at the shelter, expressing concern the dog might still be with the owners while the case is pending. The ADA said she believed the dog is at the shelter.

Previously: One of two Pitbulls found abandoned in apartment in good health while mate had to be put down

Photo: File Photo of "Brad Pitt" (the name given to the dog by Animal Shelter volunteers).

Seven days into her new job Tammy Hathaway was already full-speed ahead.

After all, the city resident and new director for Batavia Development Corporation has the passion, background, and curiosity to take the job and run with it, she says.

Her background includes working at Rural Opportunities (Pathstone) and being on the Downtown Revitalization Initiative planning committee and on the City Planning and Development Committee, so structuring a file or project for financing, grants, and combined loans mean just one question for her.

“How can I put it all together? Those puzzle pieces are comfortable for me,” Hathaway said during an interview with The Batavian. “But learning about the actual projects? Yeah, that's what I'm really super excited about.”

Just prior to her interview, Hathaway — formerly executive director of United Way of Genesee County — was pouring over files full of project notes. She counted in her head at least 14 ongoing projects that she will be diving into — Theatre 56, Jackson Square, the Healthy Living campus, and Ellicott Station, to name a few.

Her flowing locks and love for high- and well-heeled fashion belie someone whose cravings for detail include building structures, construction plans, and even the wastewater treatment plant. Staff was talking about using sonar equipment to measure the sludge, and “I was, like, I’m home,” she said.

She talked about how a local contractor had stopped in before the interview and showed her a compressed structural beam. She hadn’t seen anything like it before, she said and asked where she could buy some. The contractor was surprised.

“Yeah, and I go, ‘Oh, don't be fooled when you see me around town in my stiletto collection,’” she told him.

 Over at BDC, her focus will home in on Brownfield Opportunity Areas, a new category of sites for her.

“That's one of the things I'm very intrigued about. And that's the stuff that I want to know. I went up to a project earlier today that's already under construction, and it is about looking ahead to do a progress report. So to walk in and see, you know, new I-beam and structural stuff. You know, it's familiar to me. So it was just kind of going and taking photos and talking the talk,” she said. “But it's gonna be those other pieces that are like, ooh, this is new. This is what intrigues this switch in position. This job offers me so much that I want to know.”

For those who may know Hathaway, you’re also aware that she’s not shy to express herself. Admittedly, she has cursed a time or two while serving on a board and strives to be a nice, friendly person despite those inadvertent expletives. She agrees she's rather flamboyant “all day long,” and is fascinated by what makes people tick, she said.

“And just as I'm as inquisitive about people, I am as inquisitive about a lot of things, the mechanisms of how things work,” she said, explaining why she has served on up to six boards at a time. “So it's not that I can't say no, I don't like to say no because I want to know more, so when I'm already on five boards, and (Executive Director) Nate Varland comes to me at Leadership Genesee class and asks ‘would you like to be on the Board of Commissioners of the Batavia Housing Authority?’ Yes. Yes, I do. And he's like, are you serious?”

The 51-year-old’s job duties also include overseeing the agency’s grant and loan program. She doesn’t believe it’s as much about what a person wants to sell as it is about practicality: is that business a good financial investment? Does it fit into Batavia’s commercial landscape?

Her secret asset for determining who gets money? “I’m not emotionally attached to anything, except for Batavia. I want everyone to flourish,” she said. “The success in the city of Batavia depends on if they have a sustainable business plan.”

One of her “absolute best talents” is to surround herself with a solid network of friends. It’s that “amazing support system” that keeps her going, especially when dealing with the “hiccups” in life. She has at times posted thank-yous on Facebook for a gift, often her favorite snack, left on her porch.

“There are flowers and, mostly, Doritos,” she said.

The 2020 Geneseean of the Year recipient isn’t certain about why she’s been so drawn to construction-related topics. Her first husband got into construction, and she became more intrigued by listening to his discussions, and it grew after working for Rural Opportunities, writing rehab grants, reviewing bids for construction and becoming all the more curious with each step.

Another piece of it was her attitude as a woman in a traditionally male field:  “I don't want you to know more than I know about it,” she said. “You know, I get that you’re boys and stuff.”

So what does Hathaway think makes for a vibrant downtown? Her answer was swift: cultural options. And she believes Batavia is on the upswing for that, with a variety of culturally rich offerings through the Business Improvement District, at Jackson Square, Eli Fish, the Farmers Market, and GO ART!, she said.

It takes initiative, and her philosophy is a way to encourage that from the community.

“I’ve always tried to get people to believe that giving is contagious. If I do it, and it makes you see that I have fun doing it, then maybe you will want to do it, and we can really have fun to do it together. You know, so the more people that we get involved in doing the cultural stuff, that just makes us ask, why do we want to leave if there's things happening here all the time?” she said. “I do think the vibrancy of our little city is that culturally we want things to do. We have people who are committed to creating things to do. Sometimes it takes a few more hands down. The more people we get involved, the easier it is. And when we can create, you know, those businesses where we live here and work here, and now we can play here. I'm a Western New York girl, through and through.”

Photo: Tammy Hathaway, new director for Batavia Development Corporation, in her office at City Hall. Photo by Joanne Beck.

Mary E. Dorman, 36, of Batavia, is charged with DWI, failure to keep right, and moving from lane unsafely. Dorman was involved in a head-on collision at 10:45 p.m., June 4, on Bank Street, Batavia, with a Batavia PD patrol vehicle. Her vehicle also struck a parked car. Dorman was arraigned in City Court and released on her own recognizance.

Thomas Michael Busch, 45, of Willow Street, Lockport, is charged with possession of a sexual performance by a child. Busch was arrested following an investigation into digital images on an electronic device in his possession at 4:30 p.m., May 29, at a location on Alleghany Road, Darien.  He was released on an appearance ticket.

Corey Amber Knapp, 20, of North Avenue, Medina, is charged with criminal possession of a controlled substance 7th. Knapp was arrested on a bench warrant out of City Court.  She was arraigned in Town of Batavia Court and released on her own recognizance.

Constance Christine Pocock, 48, of undisclosed residence, is charged with endangering the welfare of a child. Pocock was arrested by Deputy Jeremiah Gechell in connection with an incident reported in Stafford at 11:38 p.m., June 18.  The specifics of the incident were not disclosed.  She was arraigned in Town of Stafford Court and released on her own recognizance.

Joel D. Prouty 36, of Bergen, is charged with strangulation 2nd, attempted assault 3rd, and petit larceny. Prouty is accused of fighting with a woman at 6:18 p.m., June 8, at a location on Oak Street, Batavia. He was arraigned in City Court and ordered held without bail.

Johnnie M. Waston, 39, of Batavia, is charged with trespass. Watson is accused of returning to a local business on East Main Street, Batavia, at 5:54 p.m., June 13, after being barred from the business.

Megan A. Gregg, 28, of Batavia, is charged with endangering the welfare of a child. Gregg is accused of leaving prescription pills and drug paraphernalia in an area accessible to children at a residence on Ellsworth Avenue, Batavia. She was released on an appearance ticket.

Christopher P Thomas, 38, of Batavia, was arrested on a warrant. Thomas turned himself into Batavia PD. The charges, not released, stem from an incident reported at 1 p.m., May 31.  He was processed and released.

Amanda L. Huber, 40, of Batavia, is charged with disorderly conduct. Huber is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. She was released on an appearance ticket.

Erik R. Motquin, 40, of Batavia is charged with disorderly conduct. Motquin is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. He was released on an appearance ticket.

Tarrence Y. Williams, 22, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child., Williams was allegedly involved in an incident reported at 10:10 a.m., June 9, at a location on Porter Avenue, in which he had physical contact with a person who is subject of an order of protection while in the presence of a child. He was arraigned in City Court and released on his own recognizance.

McKenzie N. O’Connell, 19, of Batavia, is charged with two counts of endangering the welfare of child. O’Connell is accused of providing marijuana to two juveniles and allowing them to smoke the cannabis in her house. She was issued an appearance ticket.

Andrew J. Carr, 40, of Pavilion, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Carr was stopped at 2:12 a.m., June 11, on Harvester Avenue, Batavia, by a Batavia patrol officer. Carr was issued traffic tickets.

M. Compson Summerfield, 24, of Holley, is charged with DWI and reckless driving. Summerfield was stopped at 8:55 p.m., June 13, by State Police in the Town of Batavia. He was released on an appearance ticket.

Paula A. Kingdollar, 53, of Covington, is charged with petit larceny. Kingdollar is accused of a theft at 8:04 a.m., June 15, in the Town of Batavia.  She was arrested by State Police and released on an appearance ticket. No further information released.

Top photo: Photo of a head-on collision involving a Batavia patrol vehicle. Photo by Alecia Kaus/Video News Service.

The Batavian has been checking in with City Manager Rachael Tabelski quite a lot lately, not only to obtain updates about current and future projects but to inform Batavia’s residents about things that matter to them.

What always seems to be at the top of that list? Sidewalks. While there are brand new smooth and even walks on many streets, there are others that are more disheveled: upheaved at the corners, have cracks and other inconsistencies that can catch pedestrians by surprise at any moment. And if one section of the city is being repaired, folks wonder why their neighborhoods are being left out.

Councilwomen Kathy Briggs and Tammy Schmidt wondered the same thing during the council’s May meeting. They have been receiving complaints about sidewalks from their ward residents, said Briggs and Schmidt for the Fifth and Sixth wards, respectively.

Costly walkways ...
Those seemingly simple, square-shaped blocks of concrete — through online comments and at meetings — seem to cause much grief and anger. Yet, sidewalks are not simple. Nor cheap, Tabelski says.

“The cost of replacing a sidewalk and making it ADA compliant is twice as much as it is for the same length of the street, where we mill the street and fill it,” she said. So, for example, this year, we're going to be working on Columbia, Miller, and Seneca, right. And those streets will cost us roughly $80,000. To do the micro-surfacing on the street, and the sidewalks on those streets will cost us $300,000. So putting into comparison, the ability to pave streets, I think our DPW folks do a great job, trying to plan and continue to move street and sidewalk projects forward as fast as we possibly can with the resources we have.”

Making a sidewalk ADA —Americans with Disabilities Act-compliant takes a little extra work, with wider walkways for wheelchair access, rounded curbs and the studded metal plates that cap off each sidewalk going to a street.

“Yes, that’s one of the bigger parts of the cost; the ADA compliance,” she said. “And the concrete product that's used also is expensive as well. We do have professional staff members and engineers that work through capital plans and they are out monitoring the streets and sidewalks and they work through those plans and do the best they can with the budget they have to continue to move projects forward.”

A current pavement improvement project is at Miller, Columbia, and Seneca avenues. Part of this program includes pairing sidewalks with their adjacent streets so that an entire section is repaired at the same time, she said. It’s called the “Complete Streets” approach. The work will be funded with $320,000 from the state's Consolidated Highway Improvement Program.

“So whenever we are able to repave or resurface a roadway, we also look at the sidewalks to make sure they are now ADA compliant. They have appropriate widths for wheelchairs and passing lanes,” Tabelski said during the May meeting.

There is a capital street plan developed by city officials as they try to identify the streets that need immediate repair, and pairing sidewalks with them for work, she said.

This year the scope of work includes the replacement of approximately 6,400 linear feet of sidewalks and handicap-accessible ramps on portions of Chase Park, Fisher Park, and Seneca, Miller, and Columbia avenues.

Much of the city’s work is done behind the scenes, she said, away from the public eye and not always so obvious that anything is happening. But projects are “definitely something we spend a lot of time on in the city.” For a complete picture of work that has been, is in progress with being or yet to be done, refer to the city sidewalk map below.

A bright idea ...
Aside from huge capital projects and street/sidewalk improvements is a better light show, Tabelski said.

One by one, the city has a plan to replace the city’s traditional lightbulbs with brighter, more economical LED versions, she said during City Council’s recent meeting.

She presented a New York Power Authority LED Street Light Conversion Program. The nearly $1.7 million plan (Phase I) has an estimated savings of more than $161,000 annually.

City projects take time, planning, money, and labor, and — albeit piecemeal — they are coming to fruition, she said.

“We’re actually seeing the strategies that were put in place years and years ago, and people stuck to them and implemented them. Now it is coming to the execution stage with actual buildings going up. So I think that's kind of a neat thing to think about, for me, I was back at the IDA when these strategies were taking place. And I've been able to understand and believe in the strategy and be here to help move it forward,” she said. “So I think that's what I hope residents understand, that we really do have long-term plans to continue to bring offerings and growth into our city and make sure we keep up on our infrastructure. … and that the city's resilient for many years to come.”

Photo: File photo from 2020 by Howard Owens.

To view a higher resolution, PDF version of this illustration, click here.

The Genesee County Sheriff’s Department is investigating a two-vehicle accident that occurred on Rt.19 in the Town of LeRoy on Monday afternoon.

According to Sgt. Michael Lute, a white sedan was heading north on Rt. 19 and crossed over into the southbound lane, colliding with a red minivan that was traveling south at about 1:27 p.m.

The collision spun both vehicles around with the minivan going over the guard rail but staying upright.

The female driver of the white sedan suffered moderate injuries and was unconscious and breathing after the LeRoy and Pavilion Fire Departments responded to extricate the victim. She was transported to Strong Hospital by Mercy Flight Central. Her injuries are not life-threatening according to Sgt. Lute.

The driver of the minivan was also extricated and transported to Strong Hospital by ground ambulance. His injuries are not life-threatening. A female front seat passenger and two children in the van were signoffs and not injured.

At this time there are no charges as the accident is under investigation.

Photos by Alecia Kaus/Video News Service.

 

The walkway leading from Wolcott Street to the Woodward Memorial Library in Le Roy may look like a mess now, but things will be a whole lot better in about a month, according to Le Roy Central Schools Superintendent Merritt Holly.

As part of a $12.1 million capital improvement plan approved by voters, the district is investing $186,349 in a new sidewalk for the library.

The old sidewalk was no longer up to safety standards.  The new sidewalk will not only be more attractive but its safety enhancements will include a snowmelt system.

"This (system) will eliminate the use of salts and/or other de-icing materials and physical damage from our tractors removing snow," Holly said. "Furthermore, when our maintenance crew leaves at the end of the school day, and the library remains open in the evening, the sidewalks will stay clear of snow and ice.  We have also added a small slope change to the sidewalk as you walk up to the library using the sidewalk."

 Holly said the district expects the sidewalk project to be completed before July 13.

Photos by Howard Owens

As part of the project, a main power line for Woodward Memorial Library and the Wolcott building was replaced, hence the big hole in front of the library during construction

A proposal to hire a second School Resource Officer wasn’t a matter of “if” Thursday evening.

From the city schools board comments, it’s a matter of when.

Superintendent Jason Smith believes that, given “recent tragic events over the past month” in Buffalo and Texas, that school safety concerns have once again been heightened.

“I have been personally contacted by parents and staff members about adding a second School Resource Officer,” he said during Thursday’s school board meeting. “The safety of our students, faculty, and staff has always been and will always be our top priority. While our district continues to implement best safety practices, we felt there was room for improvement. Our current SRO covers four schools in our district, and with the addition of Robert Morris next year, it makes this position all the more necessary and timely.

“If approved, BCSD will fully fund both SRO positions via a contract with City Council. The SROs are employed, appointed and overseen by the Batavia Police Department.”

It’s about time, Board member John Reigle said.

“I think it’s overdue,” Reigle said. “Officer Stevens has a huge workload, and it would be beneficial for her and for our district.”

Board President Alice Benedict agreed, adding that it seems as though the current officer spends a lot of time at the high school and, due to time constraints, cannot make it to other city schools on a regular basis.

“I think we need another one to help cover those buildings,” she said.

The other question — no small detail — was about how to fund a second officer in the district. Business Administrator Scott Rozanski said that the district will be entering Phase III of the federal COVID monies distributed two years ago, and about $200,000 had been set aside for remote learning. Smith added that the money was to be used for learning needs through BOCES, but a lack of enrollment will free up the funding for other uses. Rozanski suggested that the district could use those funds for a second SRO.

“So we can reallocate those funds and put it towards the school resource officer and then work on phasing in that position to the general fund budget, it will be similar to what we did to close all the positions this year,” Rozanski said. “So the general fund budget will slowly, incrementally increase and absorb that cost over the next two years.”

These officers are not direct employees of the district, as they are subcontracted from the City Police Department. Smith has been talking to City Council, the city manager, and the police department about a possible arrangement. One officer would cover the high and middle schools while a second officer would cover Jackson Primary, John Kennedy Intermediate, and Robert Morris.

“Our current SRO has a myriad of responsibilities including providing assistance with the District on juvenile matters affecting our students, proactive interventions with families and students, general safety and security in our schools, along with our school security aides, and working in partnership with the District in general safety programming,” Smith said.

The board — Chezeray Rolle, Korrine Anderson, Barbara Bowman, John Reigle, John Marucci and Benedict — agreed to authorize Smith to pursue hiring a second SRO. The board is expected to vote on the measure in July or August.

The Batavian has reached out to City Manager Rachael Tabelski today for further clarification about the city’s role in obtaining a second SRO for the school district. This article will be updated with her response when possible.

UPDATED 6/18/22:  City Manager Rachael Tabelski recommended that City Council extend a prior agreement for the district's first SRO earlier this year, extending the contract to June 2024. If the district moves forward with hiring a second SRO, the process will involve a final vote from the school board and City Council.

The stipulations for a School Resource Officer are:

• The City will provide one officer to the BCSD that is a full-time City of Batavia law enforcement officer with excellent communication skills, ability to relate to children and students and planning skills.
• The BCSD will reimburse the City of Batavia 100% of the Officers salary and employee benefits, including any overtime actually worked.
• The City will assign a full-time SRO to the School according to a mutually agreeable schedule, between the first day of the academic year until the final day of the academic year.
• The City remains responsible for providing a vehicle for the SRO as well as the SRO’s uniform, equipment, and training.
• Services for the SRO will be billed based on the amount budgeted for the police officer assigned SRO duties and the actual overtime incurred during the billing cycle. Billing cycle will be on a quarterly basis.
• The term of this Agreement commences April 11, 2022 and expires on June 30, 2024.

Photo: File Photo, 2013.  Batavia Middle School.  Photo by Howard Owens.

A tornado watch is in effect until 11 p.m. for Genesee County and 11 other WNY counties, according to the National Weather Service.

The watch is also in effect for four Central NY counties -- Cayuga, Jefferson, Lewis, and Oswego.

A tornado hit Alexander in April and Corfu in 2009.

Lockdowns, evacuations, responses to violent threats: they’re all part of the city school’s current District-wide Safety Plan table of contents.

They -- and the several remaining topics -- are also up for comment during a public hearing this week.

“It is a requirement of the board to hold a public hearing and reading of the proposed safety plan and allow the public 30 days to comment or ask questions,” Superintendent Jason Smith said Wednesday to The Batavian.

The hearing is set for 6 p.m. Thursday at the Batavia High School superintendent's conference room, 260 State St., Batavia. It is a prelude to the city’s Board of Education meeting that follows.

“Our plan continues to implement global school safety ‘best practices.’ Each school has a customized safety plan specific to its building that cannot be shared with the public,” Smith said. “The only change to this year’s district-wide plan will include personnel updates, which will be discussed on Thursday.”

The plan is available for review HERE.

Batavia City Schools’ Safety Committee is chaired by Director of Health, Physical Education and Athletics Mike Bromley, and includes members of the faculty and staff from throughout the district. The committee has reviewed and approved the Safety Plan, and submitted it to the board for final vote (after the hearing period is complete).

“As always, community members are welcome to attend the Board of Education meeting on Thursday or watch via our District YouTube channel,” Smith said. “Comments, questions, and feedback are welcome and will be reviewed by the Board prior to the final implementation of the plan.”

He also suggested that parents and community members can send comments or questions to District Chairman Mike Bromley at mbromley@bataviacsd.org. 

Other items for the board meeting include discussion about district needs and the position of School Resource Officer;  presentations by school and administrative staff; the superintendent’s report; and board votes on several resignations, appointments and contracts.

Gone are the days when one’s safety seemingly depended on avoiding phone and email scams, talking to strangers and keeping the house locked up at night.

With mass shootings reportedly on the rise, danger zones can be anywhere, from McDonald’s and Tops Friendly Markets to schools and concert venues. For some time now, and upon request, Batavia City Police members have been conducting civilian safety workshops to offer tips on how to deal with these horrific public events. Now they’re bringing one to the general public.

“We have on staff three, there might be four, officers that are trained in what's called civilian response to active shooter incidents. And we've given this workshop to different businesses at their request over the past several years. But obviously, with everything that's gone on in Buffalo, and then nationally, we saw an opportunity to deliver this to the community at large,” Chief Shawn Heubusch said during an interview with The Batavian.  “We sat down as a group and thought, you know, we can do this as well, to try to prepare our community a little better than what they are. So it is something that we've been doing, we've usually been doing it at a request, this will be the first time that we actually push it out community-wide.”

The Batavia Police Department is conducting a Civilian Response to Active Shooter/Threat Events Class next week. There are two options to choose from -- 4 to 7 p.m. June 22 or 6 to 9 p.m. June 23 at City Hall, 1 Batavia City Centre.

This course is open to the public and is free of charge. It will provide strategies, guidance, and a plan for surviving active shooter/threat events. Le Roy has conducted the workshop and Batavia’s police department has given it to businesses, and more recently United Memorial Medical Center, upon request, Heubusch said.

He describes it as an “all-encompassing class” that includes videos, discussion, and some interactive exercises.

"We talk a lot about previous incidents, and what you can learn from those, and teach each other, teach everybody, how to survive these incidents, and hopefully get an idea of what to look for, or precursors if you will,” he said.  “Learn some body language and some physiology about how you will react in a response to an active shooter event or an active threat event as well. So kind of a learning tool to understand what I learned my body will be going through just from a physiological standpoint of how the fight or flight issue (arises), and just kind of how you can work through that to survive.”

Those interested in attending should select just one of the two workshops. Although there will be signs advising attendees about the sensitive nature of the course, people may want to consider whether they want to remain for the entire portion or not, he said. Some people may have to be excused if they're not comfortable with it, he said.

“And it'll really be driven by what the class is comfortable with as well. Depending on the age group that we're serving, or you know, the abilities of the people in the class,” he said.  “It’s really an overview, and giving everybody a general knowledge and some ideas of what to look for and, again, how to survive.”

Batavia City Schools is on the list for this course in the fall, he said. Heubusch encourages anyone that wants to attend, to do so, however, Batavia residents will be given first preference. Seating is limited and registration is required. To sign up or for more information, contact aperkins@batavianewyork.com with your name, address, and phone number.

You will receive a confirmation email once accepted, he said. In order to be admitted to the class, you will have to provide your name. Depending on the level of interest, BPD may offer additional courses at a later date and time.

Photo: Chief Shawn Heubusch

Jennifer Moton

Jennifer "Miss B" M. Moton, 37, of Driving Park, Rochester, is charged with two counts of criminal sale of a controlled substance 3rd, four counts of criminal possession of a controlled substance 3rd, and promoting prison contraband 1st. Moton was arrested following a traffic stop by Deputy Kenneth Quackenbush on a warrant based on a sealed Grand Jury indictment in Genesee County for allegedly selling crack cocaine to an agent of the Local Drug Task Force.  While Morton was being processed at the jail, information was developed that resulted in a search warrant. Morton was allegedly found in possession of 41 pre-packaged bags of crack cocaine along with a bulk quantity of crack cocaine. Moton was arraigned in Genesee County Court and released on her own recognizance and arraigned in Town of Stafford court and also released on her own recognizance. 

Jennifer L. Sprague-Clark, 39, of Batavia, robbery 1st degree; criminal possession of a weapon 3rd degree, grand larceny 4th degree, coercion 3rd degree, and menacing 2nd, burglary 2nd, grand larceny 4th, and obstruction of governmental administration 2nd. Sprague-Clark is accused of fleeing on foot following a traffic stop at 10:22 a.m., June 1. A short time later she was taken into custody. She was subdued with a taser. The officer was reportedly aware of other pending charges. No information was released related to the other charges. She was arraigned in city court and ordered held on $25,000 bail, $50,000 bond, or $100,000 partially secured bond.

Arthur L. Golden, 63, of Batavia is charged with criminal contempt 1st degree; burglary 3rd degree. Golden is accused of contacting a person he was ordered not to contact. He was ordered held without bail. Previously: Law and Order: Batavia man accused of assaulting neighbor, stealing neighbor's bike

(name redacted upon request (charges dismissed)), xxxxxx, is charged with stalking 4th and harassment 2nd. xxxx is accused of stalking and harassing another person over an extended period of time. The allegations were first reported on Nov. 25 and Investigator Howard Carlson handled the case. xxxx was arraigned in Town of Batavia Court and released. An order of protection was issued.

Elaysia A. Mendez, 26, of Delamaine Drive, Rochester, is charged with felony DWI (three or more convictions within 15 years), aggravated unlicensed operation, driving without an interlock device, uninspected motor vehicle, forgery 2nd, criminal impersonation 2nd, and falsifying business records. Mendez was stopped at 3:22 a.m., June 11, on Route 33 in Stafford by Sgt. Mathew Clor.  She allegedly provided a false identity to Clor and signed her fingerprints at the Genesee County Jail with another person's name.  She was held pending arraignment.

Megan Danae Seymour, 32, no street address provided, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and motor vehicle lights below standards. Seymour was stopped at 1:49 a.m., June 12, on Walnut Street, Batavia, by Deputy Trevor Sherwood.

Robert Lawrence Tullar, II, 39, of Townline Road, Byron, is charged with petit larceny.  Tullar is accused of shoplifting from Walmart at 3:47 p.m., June 14. 

Zachary J. Marrow, 30, of Batavia, is charged with criminal mischief. Marrow is accused of damaging a fence belonging to a neighbor.  He was issued an appearance ticket.

Andre L. Roberts, 29, of Pavilion, is charged with trespassing. Roberts is accused of being on property at 11:25 a.m., June 7, on Ellsworth Avenue, Batavia, after being advised he was not welcome. Roberts was issued an appearance ticket.

Laura J. Reed, 30, of Le Roy, is charged with criminal contempt 2nd. Reed is accused of not showing up for Grand Jury after being served a subpoena on March 29. She was issued an appearance ticket.

Michael J. Elmore, 31, no residence information provided, is charged with criminal mischief 4th. Elmore is accused of slashing tires on multiple vehicles on Swan Street on March 27. He was issued an appearance ticket.

Antonio D. Callen, 31, of Selma, Ala., is charged with DWI, driving with a BAC of .18 or greater, speeding, and no headlights. Callen was stopped at 2:17 a.m., June 5, on Main Street, Batavia, by a Batavia patrol officer. Callen was released on traffic tickets.

Ajie JJ. Smith-Ezell, 27, of Rochester, is charged with assault 1st. Smith-Ezell is accused of assaulting a person at a local hotel. He was arraigned in City Court and ordered held on $10,000 bail, $20,000 bond, or $40,000 partially secured bond. An order of protection was issued.

Anthony L. Vanelli, 44, of Batavia, is charged with petit larceny. Vanelli is accused of stealing multiple packs of pork ribs from a business on Ellicott Street at 6:38 p.m., June 4. He was issued an appearance ticket.

Erica M. Raphael, 37, of Batavia, was arrested on a bench warrant. She was sentenced on a pending matter in City Court, concluding all court proceedings on the case.

Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Williams was allegedly observed by witnesses driving drunk at 7:35 p.m., May 31. Williams was located by a Batavia patrol officer and upon further investigation, arrested.  Williams allegedly failed a field sobriety test. He was issued traffic tickets and released.

Crystal A. Mounts, 45, of Batavia, was arrested on six bench warrants. She was arraigned in City Court and ordered held on bail.