Skip to main content

notify

Defendant has done 'his own research' so rejects plea offer that would reduce prison term

By Howard B. Owens
Matthew Zakrzewski 

In Genesee County Court today, Matthew T. Zakrzewski faced the metaphorical equivalent of Door 1, Door 2, or Door 3.

Only Door 1 was already open.  It contained a maximum prison term on his arson charges of 10 years.

Behind Door 2 is the possibility of 20 years in prison, and behind Door 3 is a jury trial and a possible 40-year prison term if convicted.

Zakrzewski rejected Door 1 because he had done his own research and apparently believes he can beat the five possible felony charges pending against him.

While Zakrzewski's case has not yet been presented to a Grand Jury, he is currently charged with:

  • Arson 2nd, intentional with a person present, a Class B felony, arrested on Jan. 16
  • Arson 3rd, intentional damage to property, a Class C felony, arrested Jan.17
  • Criminal mischief 4th, an A misdemeanor, arrested Jan. 16
  • Burglary 2nd, a Class C felony, arrested Jan. 16
  • Criminal mischief 3rd, a Class E felony, arrested Jan. 17
  • Arson 5th, intentionally damaging property, an A misdemeanor, arrested Jan. 18
  • Criminal mischief 3rd, a Class E felony, arrested Jan. 18

District Attorney Kevin Finnell communicated to Zakrzewski's attorney, Fred Rarick, a plea offer that would have Zakrzewski admit to two arson felonies in exchange for a sentence cap of 10 years in prison.

Initially, Zakrzewski accepted the plea offer but after "doing his own research," Rarick told Judge Melissa Cianfrini, Zakrzewski decided there were defenses available to him that might help him beat the charges at trial.

For example, Rarick said Zakrzewski believes he can claim he was drunk at the time of at least one of the crimes and use that as a valid defense.

Rarick said he regrets that there is no way, while Zakrzewski is in the Genesee County Jail, that the attorney could show him video the prosecution could present that purportedly shows Zakrzewski in the act of committing a crime. In his professional opinion, Rarick said, it would be hard to convince a jury, based on that evidence, that Zakrzewski was intoxicated.  He isn't stumbling around or displaying other signs of clear inebriation. 

In court on Tuesday, Finnell said that if Zakrzewski did not accept the pending plea offer by the end of the hearing, it would be withdrawn, and the cases against him would be presented to a Grand Jury. If indicted, the best plea offer Zakrzewski could hope for was a 20-year prison term.  If that was rejected, Finnell noted, and Zakrzewski was convicted at trial, he would face a maximum prison term of 40 years.

Zakrzewski told Cianfrini that he understood the offer and the consequences of rejecting it.

He also said that, based on Rarick's apparent belief that Zakrzewski would be convicted of the charges, he wanted a new attorney.

Cianfrini explained to Zakrzewski in multiple ways that the court had no authority to force the D.A. to reinstate a rejected plea offer, and that once it was withdrawn, it was entirely at the descretion of the District Attorney to decide what, if any, other plea offer might be made.

"It will be out of the court's hands," Cianfrini said. "It is on the District Attorney's authority.  The court cannot compel the District Attorney to make a plea offer."

Zakrzewski said he understood that.

She also explained that Rarick had a law degree and passed the bar.

"He has many years of criminal defense experience," Cianfrini said. "His job is to make an assessment of the case based on his training and experience and offer you advice."

"Do you have a law degree?" she asked Zakrzewski.

"No," he said.

Cianfrini told the defendant, "You don't have the background or the training and experience, but it is absolutely your decision."  She wasn't trying to influence his decision, she said, but wanted only to make it clear the limits of the court's authority and that once the decision was made, it couldn't be undone.

"His job is to look at the evidence and advise you," she said. "When he tells you things, he's not working against you. He's telling you based on his experience and training, this is what he thinks."

Rarick said that while in his professional opinion Zakrzewski should accept the plea offer, he was ready and willing to assist Zakrzewski in pursuing his right to challenge evidence, make motions, and mount a defense.

After the discussion, Zakrzewski agreed, at least for the time being, to keep Rarick as his attorney.

The 42-year-old Zakrzewski is accused of setting a chair on fire at Washington Towers in mid-January. Later in January, he was accused of starting a fire at a residence on Bank Street earlier in the month. He was later arrested in connection with a reported mid-January fire, also on Bank Street.

Man accused of letting wife die of drug OD arraigned on manslaughter charge

By Howard B. Owens
Makeen Ithna-Asheri

A Batavia man facing a manslaughter charge for allegedly letting the mother of his children die of a drug overdose entered a not-guilty plea in County Court on Monday.

Makeen Ithna-Asheri, 61, is accused of buying drugs for Anda Ithna-Asheri, 61, and then when she overdosed, he allegedly failed to provide aid.

Police were called to the Ithna-Asheri residence at Northside Meadows at 9:32 p.m., Dec. 31, to investigate a report that two adults had overdosed in the presence of their children.

When patrols arrived, Anda Ithna-Asheri was already dead.  Emergency responders administered several doses of Narcan to revive Makeen Ithna-Asheri, according to police.

The children were reported to be aged seven and 10.

Last week, Ithna-Asheri was indicated by a Genesee County Grand Jury on counts of manslaughter in the second degree, two counts of endangering the welfare of a child, and criminal possession of a controlled substance 7th.

Ithna-Asheri entered a not-guilty plea to all charges.

Motions in the case are set to be argued at 1:45 p.m. Aug. 9 in Genesee County Court.

Judge Melissa Cianfrini continued Ithna-Asheri's confinement status at $50k bail, $100k bond, and $150k partially secured bond. Still in jail on the same bail.

 

With some projects underway, much more to come, says city manager

By Joanne Beck

Editor's Note: This is the first in a series of talks with City Manager Rachael Tabelski regarding updates on various city initiatives.

It was one thing to be working when COVID-19 hit, and one had to figure out a system for being remote at home. But for City Manager Rachael Tabelski, she was hired for the assistant manager and city manager positions during the pandemic, which meant not having all of the regular in-person meetings with key professionals. She recently attended her first NewYork Conference of Mayors meeting, live and in person.

“Overall, it was very good and very informative. It was nice to actually meet other managers around the state, and talk to them about what they have going on in their community, ” she said during an interview with The Batavian. “So it was really, really, for me, extremely helpful, because for two and a half years, I really couldn’t meet anybody out there.”

The Batavian talked with Tabelski for updates on city projects, vacancies and future insights. Her assistant manager position has been open for a few weeks now, and resumes have been coming in, she said.

“I think it's great to see so many folks interested in the position and in the job and how it's going to move forward,” she said. "And I sincerely thank The Batavian and your articles, because I think that's helpful for candidates to see the news of what's going on in the community, and thoughts and goals and vision I have for that job. So I think that's really neat. And I think the news outlets in Batavia, actually, knowingly or unknowingly, play a big role in how we can recruit for qualified candidates both at city and county levels of government.

“Because people who read the stories that you write about what is going on in the community, what positive changes we may be making, what problems and issues we're trying to tackle. They read all that before they come and apply for a very high-level job like assistant city manager,” she said. “And so credit to our residents and our news agencies for showing the best side of Batavia out there that there is a lot of progress going on. There's a lot of investment and that government teams are a place people would want to come work for, especially here in the city.”

Batavia’s driving force …
“I think it's great that there's a lot of positive momentum in our community surrounding the downtown development projects. The hospital being under Rochester Regional Health, their new buildings, their new offerings for health care here, I think, is huge,” she said. “I think the school district plays into the idea of locating somewhere as well. If you were coming from out of the region to locate here, you'd be looking at the school district, we'd be looking at the prospects for the future, or is it a growing city? Did we have good numbers on the last census track? Do we have programs aligned to keep people here and in their homes? Or to help people qualify to buy homes? Do we have a highly educated population? You know, what percentage do we have graduating high school and college? All those factors play into any job seeker when they're looking for a new opportunity.”

At first blush, it certainly seems as though the city is displaying at least some of those characteristics. Batavia City Schools placed in the top half of all districts across the country in the latest U.S. News & World Report. A local realtor is conducting a workshop next month to assist prospective homeowners with the process. Projects are in various stages of completion to provide new, affordable housing, restaurants, jobs and a second brewery.

Though there also seem to be gaps, by city and county officials’ own admission. There is no large venue to serve as event space; JC Penney’s, a dependable staple and anchor for the former mall, has left; and there are sections of black space within empty buildings where the lights have been turned out.

Housing needs -- from permanent to temporary ...

An upside is the impending Ellicott Station, with expected completion to be in the summer of 2023. Geared towards lower-income folks, the complex should serve the needs of “certain service sectors” and seniors, Tabelski said, with “really nice housing” and an opportunity for the occupants to hang onto some of what they earn or receive from Social Security.

Housing developers conducted a market housing study and identified a price point for housing in this area, she said. That doesn’t mean Batavia is sufficient without the higher, market-rate housing developments, she said.

“So I think sure, if they've proven there's a need for it, and they're going to rent those all out, then there absolutely is a need for high-quality rentals at those certain price points. I also think there's still a big need for market-rate housing. The question is, can a developer come in and get a return on their investment on a building that works for them at the market rates?” she said. “And I think someday, yes, they will be able to. In the COVID building season, it might be a little more difficult.”

As for empty buildings — the former JC Penney, for example — what would serve the city best? Tabelski referred to a report from 2010 that stated there wasn’t a market for a boutique hotel downtown, and officials have heeded that advice up to now.

“I absolutely disagree with that statement. I think with all of the investment going on with the YMCA and the different offerings, and the theater, with the hockey rink, that there is a need, and a small boutique-style hotel or micro-hotel could be very successful in our downtown,” she said. “I think it's one of the next steps in our development process. So again, the exact people that live here and they spend money in retail restaurants, then they have family come in to visit, and now there's a hotel in the downtown. And not to even forget our international students from GCC, they may have friends and family that fly in to see them. Certainly, they could stay at the other hotel offerings that are there, but this might be an opportunity to bring them more into our downtown and more into an urban atmosphere than on the outskirts.”

A wedding (or similarly large special event) party house would also be very successful, she said. Or perhaps both of those ideas.

“In our downtown, we've talked about it for a long time, it would pair nicely with a boutique hotel,” she said.

Another housing need, though, has more to do with longer-term, temporary situations. We are missing “the larger manufacturing corporations” in need of fully furnished lodgings for new employees in training, she said.

“For them to stay in, for maybe a three, four or five months period, which I consider a corporate housing-type market,” she said.  “We talked about this when I was at the IDA, and now I continue to see it happening, that they'll need to go to the outer suburbs of Buffalo and Rochester to find something fully furnished, a corporate housing-type opportunity. So I think that's another opportunity the city has, to develop a unique piece of the market and have more people staying here. And when I say the city, I do mean the private sector, not the actual city of Batavia, just to be clear, where someone could make a return on their investment and have a product out there that supports the manufacturers and their employees that come over for kind of longer-term stays. There's a lot of positive opportunities even after we get all these DRI (Downtown Revitalization Initiative) projects done, there's going to be a lot more to continue to work on.”

Last word on the vacant Penney building was that a real estate developer from California purchased the property and is shopping it around to local developers. Meanwhile, designs are being made for the new police station, to be just across the street at another Alva Place and Bank Street parking lot.

Next up: The city manager discusses the police station, ice rink, shopping experiences

Top 2022 file photo: City Manager Rachael Tabelski gives an update during a City Council meeting, and Tabelski participates in the ceremonial groundbreaking shovel toss for Ellicott Station. 

Now you can ask, 'Pass the beer and the brittle, please'

By Howard B. Owens

The chance to wed two great flavors was also an opportunity to bring two local companies together to develop a new product that helps both mark their business anniversaries, said Jeremy Liles, owner of Oliver's Candies in Batavia and Elba.

Hence, Oliver's Candies and Eli Fish Brewing Company have collaborated to bring Genesee County its own local version of beer brittle -- peanut brittle with a beer base instead of water to give the candy an added flavor dimension.

"I like the collaboration amongst businesses, and with this being our 90-year anniversary, I thought it was a fun project," Liles said. "I love Eili Fish and eat there often and those guys are great over there, so that's what I liked about it, just the whole collaboration idea and experimenting with something new, and introducing something new to our customers."

Master candy maker Doug Pastecki said he and Liles have been fascinated with the idea of beer brittle since reading several years ago about a collaboration in California between a candy company and Anchor Steam Brewing.  At the time, there was no local brewery, and using a mass-produced beer wasn't appealing so the idea got shelved.  As Oliver's 90th anniversary approached, Pasteck and Liles were casting about for a new product idea when the trade magazine re-ran the beer brittle story.  With Eli Fish coming up on its fourth anniversary, it seemed like a perfect time for the two companies to work together.

"We got together, we picked up the beer and we got it right in the first shot," Pastecki said.

The beer is a sweeter beer with a complex malt flavor, "Bad Bad Le Roy Brown," an Eli staple.

Malt, sugar, and peanuts go great together, Pastecki noted, and of course, peanuts are often served in bars so that aspect was also a natural fit.

That doesn't mean there wasn't some R&D involved in the process, said Adam Burnett, master brewer for Eli.

"When you just eat a lot of candies, drink a lot of beer, and figure out what goes well together, that's the fun part," Burnett.

Burnett said he was also energized by the opportunity to collaborate with a local legendary company, and from an industry he hasn't previously worked with.

"I definitely have a bit of an MO for doing collaborations by any means necessary," Burnett said. "I think it raises both brands. Every other collaboration I've done has been with breweries, which is a lot of fun for me, but this is outside my wheelhouse. I got to learn about what's going on here. Getting to learn about the history of Oliver's and getting to take part in something for a big anniversary for them is special for me. At Eli Fish, we're the new kids. It's nice to be taken into the old guard a bit."

The beer brittle is being sold at both Oliver's Locations -- Batavia and Elba -- as well as at Eli Fish.

Photos by Howard Owens.

New name, new beginning to take ice arena to 'the next level'

By Joanne Beck

There wasn’t just a group of some 150 people gathered outside of the city’s ice rink Friday; they were supporters, friends and family there in honor of the late David McCarthy and to take the rink to another level of existence. 

The event debuted a new sign for the David M. McCarthy Memorial Ice Arena and offered opportunity for a few words to be said in his honor.

“I just brought it to the McCarthy Foundation because it was important to me; David was important to me,” said Guy Pellegrino, who spearheaded a deal for the naming rights of the Evans Street ice arena. “I wanted to honor him, I wanted to honor my friend. What better way to do that, and look at this turnout, you can see what it means to the community.”

Pellegrino, owner of Pellegrino Auto Sales, worked with the city to buy the naming rights for $3,100 annually for 10 years. It was a “bittersweet” moment to see his vision realized, Pellegrino said.

“I would much rather have my friend here,” he said. “But, it’s an honor, quite an honor, to have his name up here. As far as I’m concerned, as long as I’m around I’m going to make sure it’s here.”

He and the late David McCarthy, who was killed at age 29 in an automobile accident in November 2006, played hockey together from 1983 to 1995, when the Batavia High Ice Devils made a run to the New York State finals. McCarthy was a talented athlete who served as team captain and was a “great, great” friend, Pellegrino has previously said.

He retired six years ago from playing hockey, and has a son who now plays at the rink, Pellegrino said. It gives him pause to see the place adorned with a special tribute.

“When I walk in, seeing the sign is pretty special,” he said. “It means something to me.”

Brian McCarthy, David’s brother and president of the Foundation, thanked the swarm of people there to celebrate a new beginning.

“From our family to some hockey families we haven’t seen since the 90s, it’s amazing, all of our supporters, friends and family, thanks for being here. How’s the sign look, pretty good, right?” Brian said to a rousing applause and cheers. “We’re here because of, basically, what hockey does for relationships. Our friend Guy Pellegrino came to us and said there’s an opportunity to name the rink, and I’d like it to be named after Dave. These guys have been teammates and buddies since they were five years old. Guy came to us and said ‘let’s make it happen.’”

The Foundation, Friends of the Rink, Genesee Amateur Hockey Association, city management and other supporters are working to do just that, he said. The overall goal is to improve youth athletics in Genesee County, he said.

“So we worked together to say let’s make this happen, just to support this place where so many of us have met and become friends and family, just to get more involved, just to show how much this building means to us,” Brian McCarthy said.

He thanked City Council and Manager Rachael Tabelski and her office staff, the organizations involved, Friends of the Rink founders Bob Gray and Sharon Valyear-Gray, the Foundation’s board of directors, GAHA, families, friends and supportive community members.

“A lot of feedback I’ve gotten is what a positive step this is for GAHA,” he said. “Let’s just embrace that for all hockey parents, building relationships like Dave and Guy had .. let’s do everything we can as parents to make this the best it possibly can be for kids.Use this as a stepping stone, make it about the kids, let’s use this as a stepping stone to take this organization and this building to the next level.”

Top photo: Community members gather outside of the officially named David M. McCarthy Memorial Ice Arena Friday on Evans Street, Batavia. Speakers share some thoughts about the new name, the arena's namesake and how all involved will help to push momentum for improvements at the rink. Photos by Howard Owens.

Captain Greg Ireland: A look back while looking forward to new opportunities

By Joanne Beck

June 18 may be a bit anti-climactic for Greg Ireland as his official last day before retirement.

With some reserves of vacation time, Ireland opted to work his last shift this past weekend and use his paid time off for the remaining few weeks. That didn’t make reality sting any less.

“Walking out on my last day was emotional,” he said during an interview with The Batavian. “It’s definitely been part of my lifestyle. Emotions came in waves. It was the right decision at this time, I’ll have the opportunity to be home with my family … that’s going to allow me more time with my family and my kids. That was the main driver behind it.”

After nearly 23 years as a city employee, Ireland has been a recognizable face throughout the community. He started out as an emergency medical technician when the city owned and operated its own ambulance service. He credits Sept. 4, 1999 as “the best day of my life” for a career move out of radio — and the airplanes and helicopters used for part of his traffic reporting job.

“I actually flew on an airplane for almost two years every morning. I did that for a bunch of stations up in Buffalo,” he said. “It was a great experience, but not what I wanted to do.”

So, an Alexander High School and Genesee Community College graduate, he worked in Buffalo for awhile before making the move. He began as an EMT in 1999, with a background of having volunteered for the Alexander fire department, and a year or two before that, Ireland took a first aid class. The handwriting seemed to be on the wall before a teenaged Ireland took serious note of it. He moved through the ranks from basic to intermediate EMT and then to paramedic. By 2002, he was offered a job as a firefighter, which was a major goal.

Much of it has been about community service, he said.

“I had some family members who are volunteer firefighters and I was interested in that. I actually took a first aid class and I was probably 14 or 15 years old. I join the volunteer fire department in Alexander when I was 16,” he said. “And then I got involved taking the EMT classes and always stayed involved in it, and then in 1999, the opportunity came up to do it. There's a job. Yeah. It turned into a great career.”

The Batavian asked Ireland to name a few scenarios about …
The most surprising thing about being a firefighter:
“Just how much of the camaraderie there is of the folks I work with, the family atmosphere. It's unlike any other profession, any other job that I've been a part of before,” he said. “It's pretty special to be a part of the fire department; just that family atmosphere. It's odd, because, people I work with, I know their wives, their families, their kids. You know, it's a little different than a regular office job, per se.”

A scary moment on the job: “I don't want to sound corny, but there's always like, people call us on their worst day. And when other people are running away, we're running in. So it's, I guess, it's always kind of scary, but it's the training and that in the preparation we've had for that we understand what to do and how to handle it. So I never really was scared, just, I was more prepared and handled it.”

A ritual or routine at the start of every day: “When I came to work, whether it was a day shift or night shift, or certain routines we go through, especially as the captain, the shift commander, it was my responsibility to put together the log sheet for that shift: who was working and what position, and that was part of our accountability system,” he said. “So we knew who was assigned to what position and what vehicles and that's when the commander comes on shift, whether it's day or night shift, that's the first thing we do. And then, I always called it ‘walking the floor,’ where I would go out to the vehicles, I would put those assignment sheets in each vehicle and I would get my gear out, set my gear out by my riding spot at engine 11. And get it ready so I could get into it at a moment's notice to go on a call … to give me a sense of okay, if there was a certain vehicle out for service, so which vehicles were we using that day or that night. A routine just so I knew that I was prepared for myself and for my crew.”

A most rewarding time on the job: “Not one specific one, a moment that blew me away. But one of the most rewarding parts I feel that I got to do was being the fire prevention officer. And when I was able to go out into, whether it was the schools or wherever we're doing a fire prevention program, and just have that face-to-face interaction. Especially with the kids. And I hope that would be my lasting legacy that I was able to make a positive impression on the kids, and whether it's to reduce their fear of firefighters or to make them more confident if there was an emergency, so that they knew what to do,” he said. “I always thought I was lucky that I was able to be the fire prevention officer and coordinate those visits with the schools and stuff. And over the last two years, it's been difficult with COVID, yeah, but we've definitely, we got creative with it.”

Lessons you have learned: “That there's a lot of really good-hearted people here in Genesee County, and in this area is incredible. A lot of times we encountered people on their worst day. And something so bad can be going on in their life, but a lot of times people keep a positive mindset. It's incredible. Especially in this day and age, you don't see that too much right? A lot of people are like, something could be going so bad, but they'll be like, well, it could be worse, you know, they put a positive spin on it. And going to the schools, the teachers, the administrators, they're incredible. The work they do for the kids in this community is something else.”

Top two memories that will always be with you: 1. “My first call I ever took back in 1999, in my first day working, I always remember that.” 2. “The year 2009 was a tough time. (The city proposed selling off the ambulance service.) And I was intimately involved with that being the union president at the time. So yeah, it was that transition. Just the way it all transpired. I wish there was more open communication between the city and us at the time. There wasn’t, and we moved on from it.”

That’s not to say he doesn’t recall those many other firefighting situations, he said. There was a time when a woman was hanging out of a window, desperate to get out of the burning home. He could see her head out of the second story window as a ladder was going up to get her out.

“And as we're climbing the ladder, she handed a baby out the window,” he said incredulously.

Ireland also climbed the professional ladder, from firefighter to lieutenant in 2015 and captain in 2018.

“I definitely enjoyed being a firefighter … that was the ultimate goal, to get promoted to the fire department as a firefighter. And on the flip side of that, from the 13 years I was a firefighter to become lieutenant, I really enjoyed my time as a firefighter, and almost thankful for the time I got to spend being a firefighter before being promoted to an officer, if that makes sense,” he said. “Just to be a firefighter, to learn the craft, and to enjoy that part of the job before being, and I was very thankful to be, promoted, but to be a firefighter before being promoted into the management side of things.”

He saw a saying somewhere about a parent only having 18 summers to spend with their kids before they go off to college. That has motivated Ireland to dig even deeper into family life and enjoy his family, including wife Ginelle, and two daughters, Lauren, 10, and 7-year-old Morgan. There will be outdoor gatherings, swimming, fishing, exploring new parks, lots of day trips, a yearly trek to the Adirondacks and a couple times a year in Florida, he said.

“And it doesn't seem like a lot. But I I know from when I was a kid, how busy my parents were,” he said.

Now for the exciting part of his story, as Ireland more fully launches the business he purchased in January. It began around this time a year ago when he began to talk with Jim Russell, a former City Councilman who owned Southern Tier Fire Extinguisher. Russell was planning to retire, and Ireland saw another opportunity, he said.

“I purchased the company, the assets, the equipment, the inventory,” Ireland said. “I wouldn't say a name change is  out of the question in the future … obviously, Southern Tier Fire Extinguisher is because where it originated was in Wayland. So it just made sense. Obviously, he gained a lot more business in this area and kept the southern tier, and I hope to do the same.”

The business covers the service, inspection and recharging of fire extinguishers. He will also work with fire suppression systems in kitchens, restaurants and automotive fire suppression systems and service bays as well, he said.

“It's crazy, pretty much just the opportunity, that it's been a great career, and I've been so fortunate that, in 1999, like I said, it was the best day of my life to start at the fire department, and I was just lucky to be a part of that,” he said. “My hope is that I did well and it continues with the next generation. The only thing constant is change. And the people change and I'm sure they're gonna do great at it.”

Top photo: Captain Greg Ireland of the City of Batavia Fire Department at this year's Memorial Day parade; and posing with his family when he was sworn in as lieutenant of the city fire department in 2015. His daughters are "super excited" to spend more time with dad now that he has retired from the City of Batavia Fire Department, he says. Submitted photos.

Serving up nutritious meals is a SNAP at library workshop series

By Joanne Beck

Sarah Martin is becoming a pro at talking, assembling, chopping, stirring and serving up nutritious lessons, along with a tasty edible, without missing a beat.

Martin is a SNAP-Ed nutritionist with Cornell Cooperative Extension. Her job got off to a slow start, thanks to all things COVID-19 a year ago, but then she was able to begin her monthly SNAP-Ed workshops in the fall.

“I’ll keep going as long as there’s interest,” she said during an interview Friday at her Batavia office. “The information we provide is general, healthy information. There’s a lot of misinformation out there, and we use evidence-based curriculums.”

Her next workshop is set for 6 p.m. June 7 at Richmond Memorial Library, 19 Ross St., Batavia.

It will focus on the My Plate concept of filling about half your plate with fruits and vegetables, about a quarter of it for protein and another quarter grains, with a small dollop of dairy. Out of everything her lessons might include, she emphasizes grains, with a goal to make at least half of your grains whole grains, she said.

"I'm going to talk about the MyPlate, so I'm going to discuss the five food groups," she said. "And just talk about kind of balancing those groups and good ways to incorporate foods from each group and why it's important to eat all five groups."

Flash Quiz: What is the best way to know that the bread you are buying is a whole-grain product?
If you think that bread labeled with the words "multi-grain," "stone-ground," "100 percent wheat," "cracked wheat," "seven-grain," or "bran" fit the bill, the buzzer just went off. These loaves of bread are usually not whole-grain products, Martin said. Look for the word "whole" in the ingredient list.

There are three parts of a grain, and eating them whole means including each component that provides fiber, iron, B vitamins and other nutrients, she said. Those foods include oats, whole wheat products and brown rice. The other types of grain foods are processed, which removes those good nutrients and fiber, such as in white breads and pastas. She has plenty of information to share just about grains alone.

“We have a whole class on it,” Martin said.

SNAP stands for Supplemental Nutrition Assistance Program, and SNAP-Ed is a nutrition education program for those income-eligible folks that use SNAP benefits for food purchases. Grant-funded by the USDA, the program allows staff to provide nutrition education to primarily underserved communities, she said. That education might be taught at libraries, schools, clinics, and community centers while other types of work focus on policies, the environment, school wellness and fruit and vegetable "prescription" programs, she said.

“The beauty of SNAP-Ed is that with a lot of fad diets they tend to radicalize the diet,” Martin said. “What can you add to those things to really bump up the nutrition? So we're not trying to really overhaul anything, we're just trying to make sure everyone's informed, and to share discussion space on how to add nutrition to the day. For each individual group of nutrients, what are the ways you can eat those foods? So for vegetables, we go through a list of vegetables, some common foods, and list the fiber, vitamins and minerals.”

Speaking of vegetables, are beans, peas and lentils part of this food category? Actually, they can be counted in two groups: protein and vegetables, she said.

Flash Quiz: What color vegetable should you eat the most?
This is a trick question, Martin said, since varying your veggies ensures you get many different vitamins and minerals. Aim for what’s called a Rainbow Plate, she said, filled with an assortment of colors, such as carrots, broccoli and red peppers.

“A rainbow plate is full of colors, which indicate various levels of nutrients,” she said.

“Usually I'll present on a topic, but I try to make it a little more discussion. I invite everyone to chime in and ask questions. We make it a little bit of a discussion about what's your food experience? Where do you see the least foods being used or not? I try to keep it very engaging and interactive, we do sometimes bring in activities.”

Martin demonstrated how she might lead a class and walk members through a recipe. She made a chicken salad and laid out all of the ingredients, followed by chopping the celery, onion and apple. She then mixed in a mayo-Greek yogurt combination and seasonings. At the end, participants will get a sampling of the final dish. The recipe included multiple food groups, she said, of fruit, vegetables, protein, dairy, fat, and grain with an added slice of toasted whole wheat bread.

Another part of the education is to inform people about opportunities such as farmers' market programs; places where participants can use their SNAP dollars or stretch their food dollars, she said.

Melissa Kimbrell is Cooperative Extension’s regional coordinator, and she oversees grants and statistics-related details, such as the results of surveys after a workshop. She tries to gauge if people walked away with something they didn’t know when the talk began. And, perhaps most importantly, did they intend to incorporate some new food — 100 percent whole wheat, for example — or behavior to their lifestyle.

"The beautiful thing … is about working the food demonstrations into our classes,” Kimbrell said. “Our entire website focuses on recipes that have fewer ingredients, they're not cumbersome to make; they're fairly easy and straightforward. It really tries to prioritize nutrition and follow that sort of My Plate methodology that we're talking about, as far as how to approach your plate.”

She doesn’t just talk about that concept, but often follows it by visiting the website for recipes, she said.

“I use it all the time in my personal life, because it's just a one-stop-shop for easy, low-cost recipes that I know are nourishing.,” Kimbrell said.

These talks are given in areas that have people experiencing poverty, are underserved and where at least 50 percent of children qualify for the free or reduced school lunch program, she said.

“Because we believe that nutrition education and these types of services should be available to everyone regardless of socio-economic status,” she said. “So it's the way that we sort of strategically get ourselves into the community and where we hold the classes, that sort of dictates the target audience piece of it.”

That being said, no one is removed from a workshop or is required to show any type of proof as a SNAP recipient, she said.

Some popular topics have been how to understand food labels and ingredient lists better; making swaps for recipes when one doesn’t have or like one or more of the ingredients; how to add exercise to an otherwise sedentary lifestyle; and finding the hidden sugars in the myriad of foods and beverages.

“People are consuming so much sugar and calories through what they drink. And it really throws off the balance to the nutrition for their day. So we do have content where we try to really bring awareness to sugary beverages and the role they play, and also awareness to how much sugar is in these sort of casual things that we drink that we don't necessarily think have sugar in them,” Kimbrell said. “So another big goal of ours is to reduce the sugary beverage consumption and getting people to choose water, low-fat dairy, things like that, more often.”

“The feedback that we get from people is, I've had people tell me, ‘oh, you know, I switched from chocolate milk to white milk,' after we did a lesson on sugar, or I'm drinking more water now or I'm eating my veggies. That's what makes me smile,” she said.

Kimbrell admitted that she has struggled with reducing her pop consumption in trade for more water. But she has also learned ways to eliminate those 12 teaspoons of sugar per small bottle of cola, such as drinking noncaloric flavored seltzer.

These talks aren’t about hitting someone over the head with suggestions, but about providing information and facts so that people can make an informed decision, Martin said.

“We do leave that choice up to the person,” she said. “It's to help clarify, because there is a lot of information out there and misinformation. So I think it's to clarify what the science is saying about what good nutrition looks like. It's to maybe help with a healthy way of thinking about food. So, you know, food isn't just calories. Food is something that we share with our family and our friends. It's about trying to maybe make food a little more friendly.”

No registration is required for the monthly workshops, and they are free. For more information, go to:

Top photo: Sarah Martin, a SNAP-Ed nutritionist with Cornell Cooperative Extension, gives monthly talks that include a food demonstration the first Tuesday of each month at Richmond Memorial Library in Batavia. Sarah Martin leads her way through a recipe of chicken salad, offering tips and reminders about being sanitary, using safe knife skills, being prepared and how to substitute ingredients when needed. Her next workshop, about My Plate and the five food groups, is at 6 p.m. June 7 at Richmond Memorial Library, 19 Ross St., Batavia. Photos by Joanne Beck

Batavia's Brisbane family focus of one-act play featuring feuding brothers

By Howard B. Owens
Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

Albert and George Brisbane are not history's first feuding brothers, of course, but their divergent ways are a part of Batavia's history, as is the role their father played -- James Brisbane -- in the settlement and development of the little village by the bend in the Tonawanda. 

James Brisbane became a very wealthy man in Batavia and Albert and George were his heirs, with George and his wife Sarah settling into the mansion that James Brisbane finished building in 1855.  The family sold the mansion and property that is now Austin Park to the City of Batavia in 1917, and until 2004, the building was City Hall. Since 2004, it's been the city's police headquarters. Since that is to change within a few years, the city has acquired a $20,000 grant to study what might be best for the historic building.

To help educate the public about the importance of the building, the Landmark Society of Genesee County, with a grant acquired through GO ART!, produced a play written by local historian Derek Maxfield about the Brisbanes, or more specifically, the feuding brothers, Albert and George.

The play is set in 1878 and centers on George's resentment of Albert. George, the younger brother, stayed home and tended to the family's financial affairs while Albert traveled the world, married multiple women, sired several children, and extolled the virtues of a socialist utopia.  

The play was set, in part, in 1878 because in that year native son Gen. Emory Upton paid a visit to his hometown; so for Maxfield it was a chance to bring this important historical figure into the drama.  

Brothers at Odds: The Brisbane Story debuts tonight at the First Presbyterian Church, 300 East Main St., Batavia.  There are additional performances on June 11 and June 15. All performances begin at 7 p.m. and are free. 

The cast:

  • Daniel Snyder as Albert Brisbane
  • Derek Maxfield as George Brisbane
  • Quincy Maxfield as Sarah Brisbane
  • Jessica Maxfield as Anna the Servant
  • Michael Gosselin as Gen. Emory Upton
  • Wesley and Wyatt Fisher as the children

Batavia native's AIDS poster exhibit visits his hometown

By Joanne Beck

An exhibit culled from more than 8,000 posters collected from Batavia native Dr. Edward Atwater is coming to Batavia, Mary Jo Whitman says.

An education director for GO ART!, Whitman has been busy setting up the exhibit at GO ART!, 201 East Main St. Known personally and professionally as a history buff with an affinity for collecting relics of the time, Atwater spied his first poster on a subway, and he never looked back.

The late physician made it his mission to obtain posters about AIDS awareness — from all corners of the globe. Memorial Art Gallery in Rochester is currently hosting the first major exhibition that’s devoted to the University of Rochester’s vast HIV/AIDS-related posters.

“For those of us that didn’t experience the shame, the guilt, or the fear, it’s hard to really put magnitude of the AIDS epidemic into perspective, especially in the early days. I think this exhibit really helps in that capacity. Some of these posters are very eye opening and heart wrenching,” Whitman said to The Batavian. “Some bring to the forefront how awareness advocacy groups tried to dispel the misinformation on contraction and how the impact was beyond the scope of a few marginalized groups. Certainly, I encourage everyone to go to the Memorial Art Gallery to see the larger exhibit, it is worth the trip to Rochester, but I also think even at a much smaller scale, the portion of the exhibit that we have at GO ART! is a must-see.”

An opening reception for Up Against the Wall: Art, Activism and the AIDS Poster has been set for 6 to 8:30 p.m. June 10. GO Art! will have 28 of those posters on display in the Gallery in Seymour Dining Room.

Described as “visually arresting,” the exhibit — even on a smaller scale in Batavia — tell a story of how the very topic of AIDS evolved along with knowledge, awareness and treatments. From the crude but necessary — pictures illustrating how to put on a condom — to the poignant messages that life is to be protected by both men and women, this exhibit covers it all. There are black and white images with somber messages, a superhero named Condoman and vividly colorful graphics, all trying to convey the importance of protection in the face of a deadly disease. These displays aren't without a grain of humor, as one picture shows a man with an umbrella and the words "Don't forget your rubbers."

In those early days in the 1980s, there wasn’t much talk or action to prevent what grew into an epidemic of illness, death, and shame.

“From the beginning of the AIDS epidemic, groups already stigmatized by the community were impacted the most, including gay men and intravenous drug users,” Whitman said. “As if losing members of their community at an alarming rate, and living in fear of catching a deadly disease that the medical community knew little about, was not bad enough, the epidemic was used as a platform to paint people infected with HIV as the dangerous ‘other’ who posed a threat to public safety.

“The prominent rhetoric pushed the idea that the infected were degenerates, that they were dirty, and disease ridden, ultimately bringing HIV/AIDS upon themselves with their undesirable lifestyles,” she said. “This mentality and unfair treatment of infected groups not only had detrimental psychological impacts, the stigma manifested in discrimination throughout many different aspects of society, including health care, education, employment, families, and communities. The shame placed on these individuals, in many regards, enabled the spread of the virus as many were afraid to get tested, take proper precautions, and have open conversations with their partners out of fear of being harassed or even assaulted.”

Atwater’s insights led him on a trail of obtaining posters from various governments and health departments as hard evidence of how this topic was being portrayed in print. Posters were hung up in bathrooms, subways and other public spaces, and he worked diligently to secure copies of them all. His collection ballooned to more than 8,000 posters from more than 130 countries and in several languages.

A medical historian who was devoted to his workplace, University of Rochester Medical Center, Atwater donated his collection, among others, to the university’s River Campus Libraries’ Department of Rare Books, Special Collections and Preservation. Not only do the posters illustrate the differing colors, graphics and words used throughout the world, but they also demonstrated “the wide range of communication strategies used to educate and inform people about this devastating global epidemic,” Whitman said. All of that underscores “how beauty and creativity have grown out of the tragedy and destruction of this deadly virus,” she said.

“Dr. Atwater, a native of Batavia, would have been pleased to have a selection of the posters he collected shown in his hometown,” she said.

The Batavia exhibit will run through June 12. Hours are 11 a.m. to 4 p.m. Wednesdays, 11 a.m. to 9 p.m. Thursdays and Fridays, and 9 a.m. to noon Saturdays. Rochester’s exhibit will be available through June 19.

The Atwater Collection at the University of Rochester highlights how public health posters specific to HIV/AIDS represent “one of the most significant, prolific, and creative chapters in the more than 150-year history of poster art,” said collection curator and Up Against the Wall book editor Jessica Lacher-Feldman.

The AIDS Education Poster Collection (aep.library.rochester.edu) is housed in its entirety in the  Department of Rare Books, Special Collections and Preservation at the U of R, and is the world’s largest single collections of visual resources related to the disease, Lacher-Feldman said. The entire collection has been digitized and is available and fully searchable online.

She encourages viewers to explore the posters and reflect on the scope and impact of HIV/AIDS in our communities and around the world. For more information about the GO ART! exhibit, call (585) 343-9313. For more information about the collection, contact Jessica Lacher-Feldman at JLF@rochester.edu

 

Top Photo: Dr. Edward Atwater with some of his poster collection. Photo by J. Adam Fenster, University of Rochester. Mary Jo Whitman shows some of the collection at the GO Art! building, 201 East Main St., Batavia. Photos by Howard Owens.

Muckdogs manager says 2022 roster stocked with talent, depth, leadership

By Howard B. Owens

As the collegiate-level Batavia Muckdogs enter their second season in the Perfect Game League, head coach Joey Martinez likes what he sees of his team.

"The roster was looking pretty good," Martinez told The Batavian on Thursday evening during a Chamber of Commerce event at Batavia Downs. " I definitely believe it's probably a lot more talented roster than last year. And we had a pretty good roster last year but this year is all I can say is we're super excited about our pitching staff."

Coming off a season in which the freshman PGCBL came up just short of a post-season birth, returning manager Martinez said he's excited about the squad he will field this year.

"In the first week these guys are buying in and our hitters are gonna come through," Martinez said. "It's gonna be hard to write a lineup every day. That's how much talent we got. We're excited about it, but Batavia should be excited about this roster."

There are key players returning from last season, most notably local prospects Tyler Prospero and Jerry Reinhardt, and their leadership will help the team, Martinez said.

"We have depth," he said. "We have leadership. We have these guys that have returners and I think in any organization it is crucial to have returners with leadership ability. So we have guys like Tyler Prospero and Jerry Reinhardt. These guys that are returning, they're upperclassmen. These guys are seasoned collegiate players. They've played here. They know what this is about here. This is their hometown. They know what culture we have. So having those guys around with depth, pitching, and leadership, I mean, it's a pretty, pretty good recipe we have going on right now."

The Muckdog's home opener is 7 p.m. Saturday at Dwyer Stadium. For the full season schedule, click here.

Photo: Assistant Coach Thomas Easton and Head Coach Joey Martinez.

Photo by Howard Owens.

 

No holiday from gas tax so far this summer

By Joanne Beck

As the day’s national average price for a gallon of gasoline is at a 9-cent increase, Batavia's average was reportedly down by 13 cents at $4.72 a gallon, AAA Western and Central New York says.

Although some counties in New York State are adjusting prices even more by jumping on the gas tax “holiday” bandwagon, Genesee County is not one of them just yet, County Manager Matt Landers said. The option to suspend gas tax began on June 1.

“The Legislature and I have discussed the gas tax holiday option, and at this time the decision is to not opt in, which also happens to be the positon of the majority of counties in NYS,” Landers said to The Batavian Thursday. “Capping the gasoline sales tax at $3 a gallon, as some counties have done, could result in a savings at the pump of approximately 4 to 6 cents/gallon.”

But there are no assurances this savings would even get felt at the gas pump, Landers said. 

"Within Genesee County’s borders currently you can find variations of gas prices larger than 6 cents/gallon. When you travel to Monroe or Erie Counties, the variation in gas prices gets even larger, and this was before the gas tax holiday,” he said.

There are many reasons for the county’s stance not to establish that holiday, he said, including loss of revenues that could go for other budgetary needs. A “significant” portion of that income derives from travelers and non-residents that use gas stations at one of the two Thruway rest stops and three Thruway exits, he said. So the tax savings would be benefiting folks who don’t even live in Genesee County, he said.

Remaining status quo and not offering the tax break would mean less revenues toward tax stabilization in the 2023 budget, he said, or for helping to fund significant projects on the horizon, such as Phase 3 of the countywide water system and broadband initiative.

“The Legislature and I are monitoring the situation and we will review the data over the following months,” he said. “And again discuss opting into the gas tax holiday next quarter.”

The City of Batavia abides by the county's tax schedule per a long-term contract, City Manager Rachael Tabelski said, which means those prices at the pump will tack on the tax in Batavia as well.

 "We do not preempt the county on sales tax," Tabelski said. "And are under a 40-year sales tax agreement, giving the city 14 percent of all sales tax revenue collected in the county." 

AAA reported that, in addition to Batavia, several communities throughout the state are seeing lower gas prices before a tax is or is not added. These include:

  • Buffalo - $4.69 (down 15 cents from yesterday)
  • Elmira - $4.76 (down 11 cents from yesterday)
  • Ithaca - $4.77 (down 11 cents from yesterday)
  • Rochester - $4.76 (down 14 cents from yesterday)
  • Rome - $4.76 (down 13 cents from yesterday)
  • Syracuse - $4.72 (down 14 cents from yesterday)
  • Watertown - $4.78 (down 12 cents from yesterday)

Meanwhile, the state average for diesel fuel is at $6.36, a drop of 9 cents from yesterday. A year ago, the average cost for a gallon of diesel was $3.24.

With Memorial Day in the review mirror, motorists are hoping for some relief at the pump, AAA states. That will depend on oil prices, demand, and geopolitical factors. In a typical year, pump prices peak around Memorial Day and taper off over the summer, though summer prices are almost always more expensive than winter prices due to increased demand and summer blend fuel that is more expensive to produce, it states.

Tighten that seatbelt …

To conserve fuel, motorists should map routes, avoid peak traffic times like rush hour, and combine errands into one trip while using cruise control when possible. Drivers should also make sure tire pressure is at the vehicle’s recommended level for the best gas mileage while removing any unnecessary and bulky items from the car since it takes more fuel to accelerate a heavy vehicle.

Get more tips HERE

Motorists can benefit from comparing pump prices before filling up with the AAA Mobile App for iPhone, iPad and Android.

AAA members receive discounts at gas stations such as Fastrac, Maple Leaf Market and Shell. Learn more here. AAA members can save on gas by joining the Fuel Rewards at Shell program. Join now at AAA.com/Shell. Motorists can also locate gas prices across the country and stay up-to-date on the latest news and fuel-saving tips HERE 

As Upstate New York’s largest member services organization, AAA Western and Central New York provides more than 887,000 members with travel, insurance, financial and automotive related services. Since its founding in 1900, AAA has been a leading advocate for the safety and security of all travelers.

Visit AAA at www.AAA.com or www.NewsRoom.AAA.com or download the mobile app at www.AAA.com/mobile.

Photo: A local gas station in Batavia boasts lower priced gas than the average on Thursday. Photo by Howard Owens.

New name and signage dedication set for Friday at Batavia ice rink

By Press Release

Press Release

The dedication and unveiling of the signage at the David McCarthy Memorial Ice Arena has been set for 6 p.m. Friday at 22 Evans St., Batavia.

We are asking that all of the families and friends of the Genesee Amateur Hockey Association, the Batavia men’s hockey league, the United High School teams, rink users and supporters of the David McCarthy Memorial Foundation, as well as the Batavia City Council and governing personnel, attend this event and show our support.  All interested individuals are also welcome to attend.

We are planning to also offer a fundraiser with a food stand opening at 5 p.m. before as well as after the presentation in the rink parking lot, featuring hotdogs, chips and water, with proceeds going to the foundation. The stand will be manned by individuals from the “friends of the rink” group.

The annual David McCarthy Memorial Golf Tournament will take place on Saturday, June 4th.

Please join us and show your support of the ice rink!

Photo by Howard Owens

Pride Month organizers host events to kick off June in Batavia

By Joanne Beck

Wednesday was a busy day as a prelude to Pride Month, and it was filled with several youth-focused events at sites throughout Batavia.

The day began with an opening ceremony of a Pride flag at Jerome Center’s War Memorial and youth sharing what pride means to them. Next was a LGBTQ youth support group at GO Art! to provide a “safe space to share challenges and triumphs, meet new friends and get ready for Pride.” Later in the evening, there was a “big, fabulous” block party at First Presbyterian Church, accented with an ice cream chill truck, rock painting, tie-dying and other assorted family activities.

Next up is a GLOW OUT 5K Run and Celebration that begins and ends at Centennial Park. That event is set for 5 to 9 p.m. on June 9.  It begins on Richmond Avenue in front of Centennial Park and winds around Bank and Ross streets, Washington and Ellicott avenues and back to Centennial.

Just a few days later is to be the GLOW OUT parade and festival, from 11 a.m. to 8 p.m. June 11 at Batavia City Centre parking lot. Some 15 vendors and an estimated 600 participants are expected for the event, according to the organizer, GLOW OUT President Gregory Hallock.

According to nationalday.com, Pride Month is celebrated every June as a tribute to those who were involved in the Stonewall Riots. On a hot summer’s night in New York on June 28, 1969, police raided the Stonewall Inn, a gay club in Greenwich Village. The raid resulted in bar patrons, staff, and neighborhood residents rioting onto Christopher Street outside, the website states. Among the many leaders of the riots was a black, trans, bisexual woman, Marsha P. Johnson, leading the movement to continue over six days with protests and clashes. Protestors clearly demonstrated their message, and demanded the establishment of places where LGBT+ people could go and be open about their sexual orientation without fear of arrest.

Batavia will be one of the numerous backdrops for Pride concerts, festivals, parades and other celebratory activities. 

Photos by Howard Owens

Kinderfarmin' event in Pavilion connects kids with cows

By Howard B. Owens

More than 600 kindergarten students from Genesee County, along with teachers, parents, and chaperones, visited Hildene Farms on Roanoke Road in Pavilion on Wednesday to experience a bit of farm life firsthand.

Cal Ayers-Tillotson, Hildene's co-owner, said she and her husband decided to host the event because with four kids of their own, and one in kindergarten, it would be a great way for them to visit their own farm.  She said she hopes it's a rewarding experience for the children.

"We hope they become more educated with farming in general," she said. "I think that people have become so far removed and I think it's great to just teach the kids where their food comes from."

Helping children understand the concept of where food comes from is a big part of the reason the Genesee County Farm Bureau sponsors the annual event -- which had a two-year hiatus during the pandemic -- said Natasha Stein Sutherland.

"This is important because dairy is the powerhouse of Genesee County," Sutherland said. "For every dollar we earned, we triple it back out into the community with every dollar we spend on our staff members, on our commodities we buy, and the milk hitting the grocery store shelves. Dairy is surrounding this county. It keeps it green. We need these kids to understand the dairy-to-table concept. This is such a connecting force for these kids who eventually someday will be consumers."

Joanne Beck named news editor of The Batavian

By Howard B. Owens
Joanne Beck

Joanne Beck, a Batavia native and well-regarded journalist in the community, has been named news editor of The Batavian.

Beck became a freelance writer for The Batavian in August and began her new staff position last month.

In addition to her duties as editor, Beck will primarily cover the City of Batavia, county government, and Batavia City Schools.

She assumed the city and county beats in May from Mike Pettinella, a freelance writer, who has stepped back from regular beat coverage. 

Beck has been in the communications field for more than two decades, working as an award-winning newspaper journalist for 15 years.

In 2007, she received a Fabulous Female award from the YWCA of Genesee County.  Her journalism awards include writing and reporting honors from Associated Press. She was also honored by the NYS Mental Health Association for her reporting on mental health issues.

She has a bachelor's in communications/media and has special interests in animal welfare, adoption and rescue stories, health and nutrition, running, sharing one’s struggles and triumphs, giving the underdog a voice, and helping to promote local businesses and organizations by putting a spotlight on their special events and participation in the community.

Howard Owens, who has been the publisher and executive editor of The Batavian since its inception in May 2008, will cover spot news, criminal justice, Western Regional OTB, GCEDC, and Le Roy Central  Schools. He's also the staff photographer and videographer, assisted by several local freelancers.  Owens and Beck will share the other beats in the county, such as town and village governments, other school districts, and business.

Lisa Ace is the organization's creative manager and handles, as she has for the past 11 years, the business operations of The Batavian.

The Batavian began publishing on May 1, 2008 and has become a staple of Genesee County's news diet reaching more than 12,000 local news readers on a daily basis. In 2009, The Batavian was named Genesee County's Innovative Enterprise of the Year. It was named a 2013 BID "Spirit of Downtown" award winner, and in 2018 was the City of Batavia's Business of the Year.  It's also received awards from the Inland Press Association, the New York Press Association, and Local Independent Online News Publishers. 

Contact info:

  • Howard Owens, howard@thebatavian.com
  • Joanne Beck, joanne@thebatavian.com
  • Lisa Ace, lisa@thebatavian.com

Claims of being 'family-centered' no help for Basom man's sentence

By Howard B. Owens
Jarrett Coniglio

Jarrett C. Coniglio says he's a family man.

In court on Tuesday, he had his doubters.

Assistant District Attorney Joseph Robinson noted that Coniglio assaulted a neighbor without provocation in a surprise attack, and used his brother's name to try and avoid a DWI rap.

"That doesn't sound very family-centered to me," Robinson said.

County Court Judge Melissa Cianfrini cited the same issues in her remarks before sentencing Coniglio to five years in prison on his assault conviction and 1 1/3 to four on his DWI conviction.

"I don't question that you love your family, but I question how you show it," Cianfrini said.

Coniglio entered his guilty plea at a previous court appearance in satisfaction of two Grand Jury indictments. In the first one, he was charged with aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree.

In entering his guilty plea, he admitted to driving on May 7, 2021 without a license and while drunk on Judge Road in Alabama. At the time he was arrested, he used the name "Grayson B. Ground," who is apparently his brother, according to statements by Robinson and Cianfrini. Ground's name was on official government documents in Coniglio's attempt to conceal his real identity.

In the second indictment, he was charged with assault in the second degree, resisting arrest, and obstructing governmental administration.

Robinson said that, on July 23, Coniglio attacked his neighbor, who was working on his own gravel driveway, in a surprise attack from behind, striking him with a glass bottle.  When deputies arrived, Coniglio fought with them in a small, enclosed area of his house, which led to the Sheriff's K-9 on scene and accidentally biting a deputy, causing a puncture wound. 

When Coniglio admitted to the assault, DWI, and forgery, he promised to stay out of trouble until his sentencing in exchange for a 2 1/2 year sentence cap.

In the middle of April, Coniglio was charged with attempted murder, along with: 

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

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

Rather than being a family man, Robinson said Coniglio has multiple children with a mother he doesn't contact, and by court order can't contact. He said Coniglio has "shown himself to be somebody who looks out for himself. He does what he's going to do without any regard for anybody else."

Robinson called Coniglio a danger to society.  He asked for a seven-year term on the assault conviction.

When it came his turn to speak before he was sentenced, Coniglio said, "My family means so much to me."

He expressed concern about his mother's health and said he wanted to be there for her to help her. He also said that he wanted to take care of his children.

"I just want a chance to be a better person for my family," he said.

The start of the hearing was delayed because Coniglio's retained attorney, Frank Bogulski of Buffalo, wasn't in court as Cianfrini expected.  In his place, Bogulski's assistant, James Mciver, who has represented Coniglio at all prior appearances and wrote the defense's sentencing memorandum. 

Yet, Bogulski asked for a continuance of Tuesday's sentencing.

Cianfrini said Bogulski had plenty of opportunity to ensure he could be at the hearing.  She asked Mciver where he was and Mciver said Bogulski was representing another client at a proceeding in a court in Buffalo.  Cianfrini wanted to know the number of the courtroom Bogulski was in, and the name of the judge he was appearing before.  She ordered a 15-minute recess and instructed Mciver to have that information before the hearing resumed.

When court was back in session, Mciver indicated he had spoken to Bogulski and that the attorney still requested a continuance, but Mciver did not know what court his boss was in or the name of the judge for that appearance.  

Cianfrini reminded Mciver that she gave him clear instructions to obtain that information.  She said the sentencing would proceed since Mciver was already clearly familiar with the case.

Mciver protested that Bogulski was the more experienced attorney and should really represent Coniglio at the proceeding. 

Cianfrini expressed confidence in Mciver's abilities based on his prior appearances and his sentencing memorandum, and commenced the hearing on the sentencing. 

Defendant apologizes for disappointing judge before being sentenced to jail

By Howard B. Owens
Andre Roberts

When Andre Lamar Roberts stepped into court on Tuesday, he would later reveal, he already knew he had messed up.

County Court Judge Melissa Cianfrini had told the 29-year-old Rochester resident at a previous court appearance that she saw potential in him.

At that appearance, Roberts entered guilty pleas to charges of resisting arrest and bail jumping in the third degree in satisfaction of multiple other charges against him. Pending sentencing, Cianfrini allowed him to enter a substance abuse program at GCASA.

He was there a week, according to the Probation Department, before he left in violation of the rules and went to a location where he could consume some edibles, drink some booze, and perhaps partake in cocaine (though he disputes that accusation). 

"I let myself down," Roberts said. "I disappointed myself by leaving.  I owe you a huge apology. You gave me a chance to get clean and change my life and I let you down."

He said the decision was a lapse in judgment.

"There is no excuse," he said. "I feel like I'm smarter than that, wiser than that, more mature than that."

He also said he regretted that his lapse of judgment meant that he was in jail when news reached him that his mother had died.

Roberts thanked his attorney, Fred Rarick, for his support and encouragement once Roberts realized he lost his chance to stay out of jail on his latest conviction.

District Attorney Kevin Finnell had earlier told Cianfrini that Roberts should be sent to jail, and Roberts couldn't disagree. Quoting from a devotional, the Daily Bread, and a psalm, Roberts said he put his faith in God that he could handle the judge's decision.

Finnell noted that Roberts had failed to appear for court appearances six times and that he had two probation revocations on his record, and one parole revocation.

"He continues to shun the court and the community and he could be part of it," Finnell said. " He is not a candidate to be released into the community."

Cianfrini told Roberts, "You don't need to apologize to me. You need to apologize to yourself and you need to apologize to your mother."

She noted that the young man's mother made every court appearance to support her son, and she believed in him and wanted the best for him.  

Cianfrini said she tried to show him the right path but "you need to decide who you're going to be in our society."

The judge told Roberts that he did need to be kept apart from the community for a while so he could have time to clear his head, think more clearly, and decide upon his priorities. 

"There are always going to be bumps in life, and it's how you deal with them that determines who you will be," she said. "It's up to you to decide what kind of person you want to be when you get out (of jail)."

She gave him nine months in jail on the resisting arrest conviction and eight months on bail jumping, to run consecutively.

Temporary elimination of exam fees to test if no pay draws more interest

By Joanne Beck

For the first time in a decade, and at a loss of a few thousand dollars in revenue, Genesee County’s Ways & Means Committee adopted a move Wednesday to waive all Civil Service exam fees.

“I’m excited to see this come before us,” Legislator Marianne Clattenburg said during the Ways & Means meeting at the Old Courthouse.

A past review …
In 2011, it was determined that having no application fee meant less commitment on the part of applicants, and fees of $25 for all exams for police, sheriff, fire, probation and dispatch and $20 for all other competitive exams were established.

“When people don’t pay for exams, they don’t show up for exams either. And then we would still be responsible to pay that if they don’t show up,” Human Resources Director Anita Cleveland said of the rationale for charging fees. “So this is a resolution to temporarily waive the Civil Service exam fees … it’s something that several of the other counties are looking at as well. We’re hoping that since it’s free, we can get more people to take the exam.”

The present of no fees …
The number of applicants has been decreasing over the years since those fees were adopted, Cleveland said. She proposed dropping the exam fees for a trial period of June 1 to Dec. 31 of this year.

The lack of fees will mean an estimated loss of $3,000 in revenue but Genesee County officials hope that there will be a tradeoff with more exam applicants.

Newly inducted graduates are a prime population for these exams, Legislator Shelley Stein said. Civil Service jobs typically pay above minimum wage and include municipal benefits.

“So we find a way to get those kids interested, one way or the other,” she said.

Legislator Marianne Clattenburg encouraged Cleveland to “get the word out that this is happening.”

“And that we want people that are interested in these jobs to take the exam,” she said.

Cleveland's department has been reaching out to schools and trying to coordinate schedules for a job fair or similar recruiting effort, Cleveland said. The problem with recruiting at high schools, she said, is that “some or most of our exams require you to have a high school diploma already,” which leaves all students out until the end of their senior year. Genesee Community College has been a site for exams, she said.

Ways & Means will pass along the proposal for a temporary waiver of all Civil Service examination fees to the Genesee County Legislature for a final vote.

Law and Order: Batavia man accused selling cocaine

By Howard B. Owens

Jonathan P. “Bless”  Little, 32, of Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, resisting arrest, and criminal impersonation 2nd. During a traffic stop in the City of Batavia on May 12, officers determined that the passenger of the vehicle was proving a false name. Batavia patrol officers identified the passenger as Little and that Little had several Genesee County warrants.  During a search, Little was allegedly found in personal possession of several bags of cocaine. Little was booked into the Genesee County Jail pending arraignment. Batavia PD was assisted by the Local Drug Task Force.

Carl T. Amesbury, 29, of School Street, Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Amesbury was arrested by Batavia PD while dealing with an unrelated matter on a warrant stemming from a sealed indictment. It's alleged that Amesbury sold crack cocaine to an agent of the Local Drug Task Force. Amesbury was arraigned and released under supervision.

Richard Alan Steen, 53, of Lake Street, Le Roy, is charged with criminal possession of a weapon 2nd, criminal mischief 2nd, and menacing 2nd. Steen was arrested by deputies Morgan Ewert and Ryan Young after they responded to a call of a disturbance at 8:54 p.m., May 27, at a residence on Cole Road, Le Roy. Steen allegedly displayed a long gun in a threatening manner and allegedly shot a camper causing damage to it. He was arraigned in Town of Le Roy Court and released.

Tammy O'Shea, 50, of Stafford, is charged with grand larceny 3rd and filing a false instrument 1st. O'Shea is accused of marrying in 2019 and failing to report her husband or his income to Social Services. She allegedly received $5,265 in SNAP benefits she was not qualified to receive. O'Shea was arraigned in Town of Batavia Court and released on her own recognizance.

Angela Mueller, 49, of Corfu, is charged with grand larceny 3rd, grand larceny 4th and filing a false instrument 1st. Muller allegedly failed to report income and as a result, received $1,454 in SNAP benefits she should not have received.  She was issued an appearance ticket.

Chandah Sundown, 30, of Batavia, is charged with 11 counts of filing a false instrument 1st and one count of grand larceny 3rd. Sundown is accused of failing to report that the father of her children was residing in her residence and earning income. As a result, Sundown allegedly received $8,353 in SNAP benefits she should not have received. She was arraigned in Town of Batavia Court and released on her own recognizance. 

Megan Courtney, 26, of Batavia is charged with grand larceny and three counts of filing a false instrument. Courtney is accused of failing to report that the father of her children was residing in her home and earning income. As a result, Courtney allegedly received $6,830 in SNAP benefits she was not eligible to receive.

Matthew Edward Schultz, 32, of Park Avenue, Lockport, is charged with DWI, driving with a BAC of .18 or greater, speeding, and uninspected motor vehicle. Schultz was stopped at 12:23 a.m., May 29, on Lewiston Road,  Batavia, by Sgt. Mathew Clor.

Jacquelyn Mary Siverling, 41, of South Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, improper signal, and moving from lane unsafely. Siverling was stopped at 7:47 p.m., May 20, on South Main Road, Pembroke, by Deputy Trevor Sherwood. 

Riann Ledford, 27, of West Main Street, Le Roy, is charged with harassment 2nd and criminal obstruction of breathing or blood circulation. Ledford was arrested by Officer Zachary Klafehn following the report of a dispute at 6 p.m., May 24, at a location on West Main Street, Le Roy.  Ledford was arraigned in Town of Le Roy Court for the purpose of issuing an order of protection and released on her own recognizance.

Thomas J. Wolcott, 38 of Batavia, is charged with criminal contempt 1st. Wolcott is accused of violating an order of protection. He was arraigned in City Court and ordered held on $10,000 bail.

John L. Smith, 47 of Batavia, is charged with Felony DWI, felony driving with a BAC of .18 or greater, and speeding. Smith was stopped by a Batavia patrol officer at 1:14 a.m., May 13, in the City of Batavia. He was released on appearance tickets.

Katrina M. Mana, 37, of Batavia, is charged with petit larceny. Mana was arrested by State Police on a complaint reported at 3:30 p.m., May 28, on the Town of Batavia. She was issued an appearance ticket. No further information released.

Alumni, current students await final word about WGCC-FM

By Joanne Beck

As a June 1 deadline approaches, students anxiously wait for word of a license renewal for WGCC-FM.

The renewal  was filed amidst talk of ending the radio station that had circulated around the Genesee Community College campus, Student General Manager Cody Catlin said. Based in Batavia, the site has served up news and tunes since 1985.

“It was like a sigh of relief,” Catlin said to The Batavian Tuesday at the third-floor radio station.

The station’s license was to expire on Wednesday (June 1). The required paperwork was completed and submitted on March 31, however, officials had not received a decision by Friday (May 27), communications liaison Justin Johnston said. Submitting the renewal allows the radio station to continue operating, he said. As for whether the license will be renewed, he couldn’t say for sure.

According to the Federal Communications Commission website, WGCC-FM is in “pending” status for renewal of license, and neither General Manager Steve Petty or Johnston had any definite knowledge of its status as of Tuesday, they said.

In the face of an unknown status, a post was made Monday to the station’s Facebook site inviting alumni for one more visit.

“As we are gearing up for tomorrow’s (May 31) “Show Must Go On” Alumni takeover, we would like to share some news with you all regarding what will happen after tomorrow’s event,” the post stated. “In recent conversations with college administration, WGCC will continue to broadcast on 90.7fm after June 1! The timetable to see how long will be determined after college administration weighs all of their options and with some assistance from a consultant, the paperwork was filed with the FCC to renew the current broadcast license. If the frequency does get sold at a later time, that would mean that the frequency has a current broadcast license attached to it.”

Alumni Jason Reese came to participate for a few sessions during the day.

“I had fun. I’m enjoying myself," Reese said. "I hope other folks can enjoy themselves here.”

The alumni visit had a purpose beyond bringing together radio aficionados for old times’ sake. WGCC 90.7 FM has been in limbo the last several months, going from its license potentially being sold to the latest news of a license renewal being completed and submitted to the FCC.

Class of 2013 grad Stephen Trinder originally came to GCC for paralegal studies. He switched to communications after joining the radio team.  When he heard the license may be sold, he was “kind of surprised.”

“This was a flagship crown jewel of the college,” he said. “It’s one of the most powerful radio stations owned by a college.”

Odessa Cramer, a 21-year-old radio club member, has been on the air a few times, but she mostly assists with other types of support, she said. A veterinarian technician major, her classroom is just down the hall from the station.

“This is a hidden treasure,” she said. “I didn’t know it existed.”

Reese has put his degree to good use by conducting his own social media show, he said. He credits at least some of that to his college education.

“Coming from a small town of Pavilion and going to Batavia, I’ve met a lot of people. I met Steve Petty here,” Reese said. “I’m glad I’m a communications and media arts major. I think WGCC was social media before that was even popular.”

He was “sort of shocked” to hear about the license possibly being sold, he said.

“It’s been on the air for 37 years, and was great for the community,” he said. “We had phone calls, fan mail, we got the message out to the public.”

Some of the types of events promoted by the radio station have included Law Day, Cougar Connections, pizza and music in the Student Union and providing audio and music during Business Creators Club.

The final decision to sell the station will be up to the college’s Board of Trustees.

 

Top photo: Members of the radio station talk business Tuesday, including Odessa Cramer, left, Cody Catlin, Jason Reese and Stephen Trinder, front. Jason Reese of Batavia takes a turn at the mic during an alumni event Tuesday at GCC's radio station; and General Manager Steve Petty and Student General Manager Cody Catlin show the station's emergency broadcast sytem. Photos by Joanne Beck

Authentically Local