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Seniors lunch group to celebrate 1938 to 1985 graduates June 21

By Joanne Beck

Senior citizen graduates from the classes of 1938 to 1985 will be recognized on June 21 during a monthly senior lunch gathering, LaNora Thompson says.

Dubbed the Life Has Just Begun senior luncheon group, folks get together on the third Tuesday of each month from 11:15 a.m. to 1:30 p.m. at South Alabama Firehall, 2230 Judge Rd. (Route 63), Oakfield, for fellowship, fun with new and old friends, and to hear a guest speaker. 

For the June lunch, everyone is asked to bring their senior graduation photo (or any high school picture) to be put on display for a “guess who is in this photo” game, complete with prizes, Thompson says.

This group is open to the public and all are welcome to attend, she said. Attendees are asked to bring a dish to pass.

There will also be several one-day bus trips scheduled to various places of interest. The first trip is to Thousand Islands for lunch during a cruise of the islands, and a visit to the Boldt Castle. Act fast, as there are only a few seats available, Thompson said.

Thompson is co-chairwoman of the group, along with Co-Chairman Michael Hamm. For more information, call her at (630) 888-8966.

Old Hippies are Home to Home for concert series

By Joanne Beck

Old Hippies, flowers and art seem to be a natural fit, and all three are part of this year’s Home to Home Concert Series.

A free yearly event hosted by Bill and Kay McDonald of the Old Hippies, the Home series is billed as being “for the common good.” Since the duo requires a nonprofit to receive grant funding, it partnered with Batavia Peace Garden and GO ART! to bring two concerts in June at Jackson Square.

“Featured local artists performing will be Old Hippies, Ghost Riders, Deanna Spiotta, Don Thomas, and a selection of talented youth and seasoned artists,” Bill McDonald said. “We will los have three other artists: Leah Ford on bass guitar, guitar and French horn; Ross Chua on stringed instruments and vocals; and David Knaudt on stringed instruments and vocals.”

The first concert, at 7 p.m. June 17, will also include Chua and Knaudt in their band Crimson Crossroads. It’s a safe bet that the musical genres in these concerts will go from folksy, blues and country to contemporary. Chua’s repertoire has included the Beatles, Katy Perry and Rick Astley’s Never Gonna Give You Up, in which Chua does a mean ukulele.

Old Hippies perform guitar-rich tunes such as Blowin’ in the Wind, Three Little Birds, Fallen Eagle and James Taylor’s classic You’ve Got a Friend.

Batavia Peace Garden treasurer Carol Grasso said the group’s members will be out of the weeds and selling hotdogs during the first event June 17.

“That’s how we make our money for flags and mulch, and things for the garden,” she said.

If you’ve got a bit of a green thumb, members are looking for more volunteers, Grasso said. Pulling weeds and maintaining the landscape on West Main Street takes time and energy, she said.

“I’ve got 10 years into the garden,” she said. “We started when we retired, and now we’re just tired. We’ve been working hard.”

A second concert is set for 2 p.m. June 26. The concerts are free, and attendees are encouraged to bring a lawn chair to park and enjoy the show.

The Restart NY Regrant Program was developed as part an initiative to spur the revitalization of New York's creative economy. The program is administered through a network of local and regional organizations through a transparent peer panel funding process and is available to artists and organizations in each of the state's 62 counties. Organizations or individuals with a fiscal agent  -- in this case Old Hippies have Batavia Peace Garden and GO ART! -- that meets NYSCA and GO ART! criteria may request regrant funds.

For those unable to attend in person, these music shows will be livestreamed online at Bill McDonald’s Facebook page . For more information, click HERE.

Top photo: Bill and Kay McDonald of the Old Hippies, submitted photo. File photos of Ross Chua, Old Hippies and the Ghost Riders.

Law and Order: Bank Street residents accused of abandoning an animal in a cage

By Howard B. Owens

Andrew A. Searight, 35, of Batavia, and Jerrtonia A. Scarbrough, 24, of Batavia, are charged with aggravated cruelty to animals. Searight and Scarbrough are accused of abandoning an animal in a cage for an extended period of time at a residence on Bank Street.  The incident was reported at 9:18 a.m., May 10. They were both issued an appearance ticket.

Angela N. Bennett, 24, of Strathmore Circle, Rochester, and Shamya I. Brown, 22, of Verona Street, Rochester, are charged with grand larceny 4th.  Bennett and Brown are accused of stealing $1,726.28 in merchandise from Dick's Sporting Goods in Batavia at 1:10 p.m., May 23.  Deputies responded to a report of a larceny in progress and later located the suspect vehicle on River Street in the City of Batavia. Both were issued appearance tickets.  The case was handled by Investigator Erik Andre and Deputy Trevor Sherwood.

Brandon Charles Dodd, 35, of Montclair Avenue, Batavia, and Trace Garrett Brewer, 21, of Montclair Avenue, Batavia, are charged with petit larceny. Dodd and Brewer are accused of stealing air conditioner units from Walmart at 3:38 p.m., May 22. Dodd was also arrested by Batavia PD on petit larceny and conspiracy charges. He is accused of stealing several cans of Red Bull from a business on West Main Street at 10:52 p.m., May 5. Brewer is charged with conspiracy related to the same incident.

Jamian J. "Jay" Edwards, 38, of Lake Avenue, Rochester, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd.  Edwards is accused of selling crack cocaine to an agent of the Drug Task Force in the City of Batavia. He was taken into custody on an arrest warrant while checking in with Monroe County Probation and turned over the Sheriff's Office.

Timothy Robert Nurmi, 30, of West Main Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment 2nd.  The alleged incident was reported at 11:15 a.m., May 24, at a location on West Main Street, Le Roy. The charges are a misdemeanor and a violation. Nurmi was arraigned in Town of Le Roy Court for the purpose of issuing an order of protection and released on his own recognizance.

Alexis Rae Kenyon, 28, of Church Street, Le Roy, is charged with aggravated harassment, 2nd. The alleged incident was reported at 12:59 p.m., May 26, at a location on Church Street, Le Roy. Kenyon was released on her own recognizance.

Anthony Wade Travis, 59, of West Main Street, Batavia, is charged with bail jumping 2nd. Travis is accused of failing to appear as ordered in County Court on a felony charge. Travis was issued an appearance ticket.

Thomas William McCabe, III, 44, of Scio (no street address provided), is charged with attempt grand larceny 3rd, criminal mischief, aggravated unlicensed operation, and driver's view obstructed.  McCabe is accused of trying to steal Diamond C. equipment trailer in the Town of Darien at 1:15 a.m., May 21. He was arrested by Deputy Austin Heberlein.  He was released on an appearance ticket.

Marie Rachael Brown, 44, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Brown was stopped at 2:26 a.m., May 22, on Route 237, Stafford, by Sgt. Mathew Clor. She was released on traffic tickets.

David Carl Stephens, 56, of Prole Road, Stafford, is charged with criminal contempt 2nd, obstructing governmental administration, and harassment 2nd.  Stephens is accused of violating an order of protection and of attempting to fight with deputies when they responded to a complaint at a residence at Prole Road, Stafford, at 3:48 p.m., May 23.

Terrence T. Freeman, 31, of Batavia, is charged with trespass. Freeman is accused of refusing to leave a residence on Liberty Street at 10:16 p.m., May 14. He was issued an appearance ticket.

Anthony D. Underwood, 22, of Buffalo, is charged with criminal contempt 2nd, unlawful imprisonment 2nd and criminal mischief 4th. Underwood was arrested by Batavia PD following an investigation into a disturbance reported at 6 p.m., May 16, on South Main Street, Batavia. He was arraigned in City Court and ordered held on $5,000 bail or $10,000 bond.

Zoro D. Reisman, 18, of Batavia, is charged with petit larceny. Reisman is accused of stealing sausages from a business on Ellicott Street at 1:37 p.m., May 15. He was issued an appearance ticket.

Garrett L. Strickland, 30, of Medina, criminal contempt 2nd. Strickland was arrested on a warrant.

Crystal A. Mounts, 44, of Batavia, is charged with failure to appear. Mounts was wanted on six warrants out of City Court related to a series of crimes she is accused of committing within the calendar year. Mounts is accused of failing to appear on the charges on April 29. Mounts was arraigned in City Court and released.

Dealing with the aftermath of tragedy: 'Demand better'

By Joanne Beck

With yet another mass shooting, a canceled Regents test, extra law enforcement nearby and the swollen availability of counselors for students and staff, life has taken on a new meaning, Superintendent Jason Smith says.

“Every community in this country, big or small, is living in fear that this could happen to them, and if we continue on this path with no meaningful change, it will, inevitably, happen again,” Smith said during an interview with The Batavian. “Reactions from our students and staff have run the gamut from sad, frustrated, hopeless, and angry, to fear. I don’t believe we’ve become desensitized. I guarantee every family member held their child a little bit longer before sending them off to school today. I know I did.”

Within a day, Smith had written and issued a letter to his district in response to the latest shooting that left 19 people dead at a school in Texas. The city school district set up resources for students and staff to use in the aftermath of mixed emotions. School should be a place of “learning and enlightenment,” he said, and “not fear.”

“Sadly, this is not the first school shooting that has occurred in my years as an educator, but I can certainly only hope and pray it will be the last,” his letter stated. “In these times of grief, confusion, and fear, we want to be a source of comfort for our students and help guide them through the questions and emotions they are bound to have.”

The Batavian asked if the latest incident causes any response in terms of security and district protocols. He is confident in the current polices while also checking back to see if there are improvements to make, he said.

“Our top priority has always been and will be to keep our students and staff safe,” he said. “To that end, each school in our district regularly conducts lockdown drills as required by New York State. We maintain a strong partnership with the City of Batavia Police Department, have security aides in each building, and a district-wide school resource officer. We are constantly reviewing our safety procedures and will do so again to ensure the safest environment possible.”

Administrators met with counselors and each school principal, and while Smith was at John Kennedy Intermediate, he couldn’t say there was a visible shift in families’ reactions, though everyone is reacting in different ways.

“I saw parents dropping off students, and there wasn't any kind of physical reaction,” he said, adding that resources were given to staff in case they were needed. “We know we tried to give our staff information. But I’d say, it is a fairly temperate reaction. I had a couple of parents contact me by email and I'm going to respond to them in the next day or so.”

Genesee County Sheriff’s Office announced this week there would be extra patrols at county schools as a precautionary measure to ensure safety for students. That announcement also included the presence of a school resource officer at each district for another layer of protection. The Batavian asked Smith if he felt the role of a SRO was, in addition to being a community liaison and representative for the police department, capable of staving off a violent attack.

“That's the expectation, that if something were to happen, the SRO would play an active role in that situation,” he said. “I mean, they do other things … they're designed to be a community resource. But, you know, they’re also a police officer, and if stuff like that were to happen here, God forbid, the expectation would be that the SRO would respond.”

State Education Department Commissioner Betty Rosa issued a letter to school districts notifying them of a change to upcoming Regents exams. After a thorough review of the history exam, especially on the heels of recent violent events, the department decided to cancel the history Regents for this year, she said.

“As we look for ways to support our students and our fellow community members following this incomprehensible tragedy, the Department is committed to preparing our children to become active members of their communities who raise each other up and work together for the common good. We are enormously grateful to our educators as they help their students navigate and process the unthinkable,” Rosa stated. “In the wake of the heinous mass shooting in Buffalo, the Department is taking numerous steps to explore potential areas of support for students and schools across the state. Such actions include having content experts from the Department, in partnership with NYS educators, review all June 2022 Regents Exams, which have already been printed and packaged for shipment to schools. During that review, our experts determined that there is content on the new Regents Examination in United States History and Government that has the potential to compound student trauma caused by the recent violence in Buffalo.”

Even though the exam was drafted by NYS-certified social studies teachers and field-tested to confirm that the exam's content is educationally sound, the tragedy in Buffalo “has created an unexpected and unintended context for the planned assessment,” she said.

Missing this exam should not negatively affect graduation tracks for students, Smith said. The SED and Board of Regents will approve a waiver that officially excuses them from taking that particular test, he said.

“So it's not going to impact students,” Smith said.

The Batavian had also asked Smith if he felt that, as these tragedies pile up, do students and families become more numbed by the frequency. He doesn’t think so, but strives to encourage others to remain wide-eyed.

“We must fight the urge to accept these situations as a way of life, and we cannot let ourselves become desensitized,” he said. “Our children cannot afford it. We all must stand up and demand better.”

Below is a list of related resources at the city school district:

Jackson Primary Resources:

Sesame Street in Communities resources on Violence

John Kennedy Intermediate Resources:

Talking to Kids About Fear and Violence

Batavia Middle School Resources:

How to Discuss Violence in Schools With Children

After a Crisis: Helping Young Children Heal

Batavia High School Resources:

Talking to Teens About Violence

For Teens: Coping After Mass Violence

General Resources K-12:

Talking to Children About Violence: Tips for Parents and Teachers

Talking to Kids About School Safety

If you would like to speak directly to your child’s counselor or principal, please reach out to: 

Jackson Primary: 585-343-2480, ext 4000

John Kennedy Intermediate: 585-343-2480, ext 5000

Batavia Middle School: 585-343-2480, ext 3000

Batavia High School: 585-343-2480, ext 2000

“While we might not have all the answers, we promise to stand with our families and students and listen,” Smith said. “Please take care of each other in moments like these, and please reach out should you or your family need any assistance.”  

For the district's emergency response manual, click HERE

Photo: Batavia City Schools Superintendent Jason Smith. Submitted photo.

Come and take a listen under the old willow tree: free concert June 3

By Joanne Beck

What may otherwise seem to be a post-school musical concert, Willow Tree End-of-Year Celebration will have much more meaning for at least some of its participants and attendees, Kylie Tatarka says.

The Batavia High School senior will not only be performing in the event but also absorbing its implications.

“Definitely for me, I can definitely see this being a hard time for me, seeing an end and saying goodbye to a lot of people that I've spent years forging relationships with,” the 18-year-old said during an interview with The Batavian. “But I also think it's going to be something really sweet, and a really nice memory to hold on to that I otherwise wouldn't have.”

The Willow Tree celebration, performed by the school district’s Tri-M Music Honor Society, will feature vocal and instrumental numbers from 4 to 6 p.m. June 3 under the large willow tree in front of BHS, 260 State St., Batavia.

Tatarka has been a member of Tri-M, a nationally founded organization that means Modern Music Masters, for three years. Now as a senior, she is looking forward to continuing music with a performing arts scholarship while also hanging onto those memories from school, she said.

“I just really enjoyed music and I wanted to join something that would bring other people who really enjoy music as well,” she said. “I wanted to be a part of something that would show spirit and our love for music that other regular students who aren't a part of this would show.”

The concert is a culmination of that passion to enjoy and share a variety of musical styles — classical, musical theater, and then-contemporary of the 1960s. A soloist will perform Frank Sinatra’s My Way and ensembles will provide other tunes, aptly including “On the Willows” from Godspell.

TRi-M was founded locally in 1986. Group advisor Melzie Case, a music teacher at the middle school, and District Superintendent Jason Smith were members of the group, with Smith being one of those first-time inductees.

“If memory recalls accurately, I was a member of the inaugural Tri-M Society in the late 1980s,” he said. “I was honored to have been inducted and it was and is a wonderful way to recognize our talented music students at Batavia.”

For Case, it wasn’t just about the music, but about the other elements of becoming an adult.

“For me, it was very helpful in learning a lot of leadership skills and how to run a meeting, because I'm a part of a lot of groups and committees. I'm also on the board for the Genesee Symphony Orchestra,” Case said. “And so just getting those skills of writing an agenda and holding a meeting and voting was very helpful to me now as an adult, professionally.”

The idea for this novel year-end concert came about when a fellow senior suggested it to Tatarka. He wanted something that would “celebrate our end to Tri-M and becoming seniors and graduating this year, since there’s only two of us,” she said.

“We kind of just wanted something that we can show our talents, and also just have a celebration for everyone in the school along with Tri-M,” she said.

“Music has been in my family for years and it's something that has brought my siblings and I together a lot,” she said. “And it's also given me a second family that I can lean on when I can't lean on my actual family.”

The 24-member group will be performing throughout the two-hour period, and there will be an ice cream chill truck and a food truck from Center Street Smokehouse selling items from savory meals to sweet creamy desserts. Although the celebration is free, attendees may want to bring some money to enjoy a meal while listening to live entertainment, Case said. Everyone is encouraged to bring a lawn chair.

Tri-M was nationally founded in 1936 by Alexander Harley and his wife Frances. He was a band director and music department chairman in Illinois, and the group had a focus on music aptitude, academics and leadership skills. There are 2,100 chapters in all 50 states that involve more than 84,000 students.

Another key component is offering community service, which has been a tradition for the BHS chapter, Case said. The group has sprinkled doses of music at nonprofit agencies, businesses and special events, such as Christmas caroling throughout downtown.

Photos:  The willow tree at BHS, top; and, The BHS Tri-M Music Honor Society provides some holiday vocals at the Coffee Hub. Photos submitted by Melzie Case.

At groundbreaking, officials state new jail fulfills county's obligation to operate a safe and secure facility

By Howard B. Owens

It's been a long time coming and absolutely necessary, today's speakers said at a groundbreaking for the new $70 million, 184-bed Genesee County Jail off West Main Street Road, next to County Building #2.

"Believe it or not, discussions on the replacement of the current jail, the Genesee County Jail, date back over 50 years," Sheriff William Sheron said during the ceremony Thursday. "When I began my career with the Sheriff's Office in 1977, they had plans on the table to build the new jail. There are many reasons that didn't come to fruition, but with persistence by former Sheriff (Gary) Maha and myself, we finally got to today."

The current jail was built in 1902 with additions in 1985.  And while it has met its purpose for more than 120 years, the current jail is no longer adequate to meet the county's needs nor meet the health and safety standards required by the State of New York.

"The lack of housing space, overcrowding, inmate classification limitations, the inability to house females, and the inability to meet the needs of the inmates, incarcerated individuals, are just some of the daily obstacles that our correction officers and leadership face. We must remember that the county jail is a vital component in providing for the safety and security of the residents of Genesee County," Sheron said.

"We are building a modern secure facility," the sheriff said. "It will allow for the ability to expand essential programs that will assist in preparing incarcerated individuals for their re-entry into society. This facility will also allow us to improve mental health, substance abuse programs, and medical services. It will also increase our holding cell capacity to assist other police agencies here in Genesee County. Equally important is that the facility will drastically improve the working conditions for the correction officers and the jail employees that operate this facility 24 hours a day, 365 days a year."

Shelley Stein, chairwoman of the Genesee County Legislature, credited the persistence and work of a number of people in getting the new jail to the groundbreaking stage, including Maha and Sheron, along with former County Manager Jay Gsell, the volunteer transition team, along with all the other county staff involved.

"This site will address the long-planned improvements in the county's responsibility to care for its inmates, provide for good working conditions for our corrections officers and to house our female incarcerated individuals in their home counties," Stein said.

County Manager Matt Landers, whose work on the jail includes the years he was assistant to Gsell, said the Legislature has pursued a methodical and conscientious path to plan and design a responsible and efficient jail that will meet the needs of the community for the next 100 years.

In the wake of bail reform and the pause in construction caused by the COVID-19 pandemic, the county took the time to complete a second study on the capacity of a new jail and what was needed in a new facility, Landers said.

"The results were the same as the first, which gave us in the county renewed confidence that we were building the right-sized jail for this community," Landers said. "The fact is one of the responsibilities of county government is to maintain a safe and functional jail. In constructing this new facility, Genesee County is fulfilling its obligations."

Photos by Howard Owens

Sheriff William Sheron

Legislator Shelley Stein

Got old paperwork? Shred it and forget it on Shred Day

By Joanne Beck

If you’ve been hanging onto old paperwork, uncertain about what to do with it, there’s an option for you this week. And it’s free.

Brighton Securities is hosting a Shred Day from noon to 2 p.m. Friday in the parking lot between its office at 212 East Main St. and Main Street Pizza Co., Batavia.

“It started out as a client appreciation event, and the shred truck is pretty big. We weren’t coming close to filling it,” Branch Manager Steve Hicks said during an interview with The Batavian. “Normally, we’ve been able to say, bring as much as you’ve got.”

The company decided to open up the event beyond clients to allow others the opportunity to get rid of unnecessary paperwork and make good use of the large shredding container. This is the 11th year for Shred Day — otherwise known as document destruction and disposal day — and Hicks has been there for most every one of them, he said.

A lot of small businesses take advantage of the service, though individuals are also welcome to bring in what they have, he said. With the prevalence of identification thefts, data leaks and various scams, he has observed a hesitancy to dump one’s confidential papers.

“I’ve noticed more of an increase, and people with sensitivity, in getting rid of them,” Hicks said.  “People are more sensitive to it.”

The company Shred Text does the work, and it’s a “secure, well-run” outfit, he said. People can feel confident that when they leave, their paper items will be shredded and disposed of properly, he said.

By the box or bag, it doesn’t matter how people bring their stuff in, he said, and there will be staff on hand to assist them. Some people have not even gotten out of their vehicles, as someone is there to grab their container and dump it.

“We’ve never filled the truck,” Hicks said. “We usually have snacks and water here. We do this rain or shine. Two or three years ago, it rained the whole time.”

Friday’s forecast hints at some similar wet weather, but feel free to bring your items for a shred.

Wondering how long to keep your personal or professional documents?
The following guidelines are from the Internal Revenue Service, via irs.gov:

The length of time you should keep a document depends on the action, expense, or event that the document records. Generally, you must keep your records that support an item of income, deduction, or credit shown on your tax return until the period of limitations for that tax return runs out.

The period of limitations is the period of time in which you can amend your tax return to claim a credit or refund, or the IRS can assess additional tax. The information below reflects the periods of limitations that apply to income tax returns. The years refer to the period after the return was filed unless otherwise stated. Returns filed before the due date are treated as filed on the due date.

Note: Keep copies of your filed tax returns. They help in preparing future tax returns and making computations if you file an amended return.

Period of Limitations that apply to income tax returns 
Keep records for three years if situations (4), (5), and (6) below do not apply to you.
Keep records for three years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return.
Keep records for seven years if you file a claim for a loss from worthless securities or bad debt deduction.
Keep records for six years if you do not report the income that you should report, and it is more than 25% of the gross income shown on your return.
Keep records indefinitely if you do not file a return.
Keep records indefinitely if you file a fraudulent return.
Keep employment tax records for at least 4 years after the date that the tax becomes due or is paid, whichever is later.

The following questions should be applied to each record as you decide whether to keep a document or throw it away.

Are the records connected to property?
Generally, keep records relating to property until the period of limitations expires for the year you dispose of the property. You must keep these records to figure any depreciation, amortization, or depletion deduction and to figure the gain or loss when you sell or otherwise dispose of the property.

If you received property in a nontaxable exchange, your basis in that property is the same as the basis of the property you gave up, increased by any money you paid. You must keep the records on the old property, as well as on the new property until the period of limitations expires for the year in which you dispose of the new property.

What should I do with my records for nontax purposes?
When your records are no longer needed for tax purposes, do not discard them until you check to see if you have to keep them longer for other purposes. For example, your insurance company or creditors may require you to keep them longer than the IRS does.

For more information about the event, go to www.brightonsecurities.com

Photo: File photo of shred day in 2015. Photo by Howard Owens.

Complaints about sidewalks and potholes are consistent as city works to make repairs

By Joanne Beck

Tammy Schmidt has heard them. And so has Kathy Briggs. Resident complaints about torn up sidewalks and roads have been consistent for both City Councilwomen, they say.

“I’m getting complaints about roads in general,” Briggs said during this week’s council meeting. “Do they have some type of process (for selecting neighborhoods to repair)?”

Any citizens with concerns about potholes in the roadways can contact the city by phone, in writing or online to request a repair, City Manager Rachael Tabelski said. Work has been ongoing as weather permits, she said.

“As everyone knows, living in Western New York, we have two seasons: we have snow, and then we have construction. And right now, they're trying to get out and rehab the roads to the best of their ability,” she said. “They just finished Walnut, they just put the striping down. And they're looking to take on an extra project this year with those state touring route funds. So as soon as I have more details on that, I will bring them forward.”

Tabelski reviewed a 2021-22 sidewalk program that will mean pavement improvement for 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. These avenues are in addition to Chase and Fisher parks. The work will be funded through the city’s Consolidated Highway Improvement Program funded by New York State.

“So whenever we are able to repave or resurface a roadway, we also look at the sidewalks to make sure they are now (Americans with Disabilities Act) compliant. They have appropriate widths for wheelchairs and passing lanes,” Tabelski said. “And we'd like to move this project forward. And when the bids come in, we'll bring that back at a business meeting.”

Schmidt, who represents the Sixth Ward, said that she’s also been getting complaints about sidewalks and wondered how Miller and those other avenues were chosen first. She heard some strong concerns during a meeting she had with some residents, she said.

“The gentleman was so upset. The sidewalks and the streets in my neighborhood are worse than what I saw of the streets that I drove down on Seneca, Columbia and Miller,” Schmidt said. “So I guess what I'm wondering, what's the process of picking the streets? Because should we start with the worst ones first and work our way up? Or do we leave the worst ones the way they are?”

There is a capital street plan included in the budget book, Tabelski said. That plan has been followed for many years, she said, and city officials try to identify the streets that need immediate repair and pairing sidewalks with them for work.

“There is a rotation throughout the city. And if you want to sit down, we can look through that,” Tabelski said.

“So, yes, we do have a capital plan, and we do go through the streets. And they do with the Bureau of Maintenance and DPW every year and update that plan and bring more streets on. Unfortunately, we only get so much revenue for CHIPs every year, roughly $320,000. So we try to extend it as far as we possibly can between streets and sidewalks.”

There is a map (handed out during council’s last budget talks)  that illustrates where repairs have been made to streets and sidewalks in the last few years, she said.

“So you can have that to show constituents,” she said. “And it always comes up. We do have. I would say, some of the best sidewalks in Western New York. And if you've gone to other cities, I won't name them, but you can barely push a baby carriage down them. So we do try very, very hard to continue to get out there.”

City Council is expected to vote on bids at the next business meeting in June. 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.

Eden has changed locations but kept its menu of favorites

By Joanne Beck

As if jumping the hurdles of finding the right space, obtaining permits and making desired renovations wasn’t enough for Judy Hysek’s restaurant move, there has been the added stress of illness, little things going wrong and nailing down final details that pushed back her opening date, she says.

“Renovation was a huge part of it. We had to do a lot of electrical work, we got COVID in the middle of it. So that held us back,” Hysek said during an interview with The Batavian Tuesday. “It’s just a comfortable space that's a little bit different than anything else in Batavia. You know, I had a Pinterest vision in mind, and I didn't want to copy it exactly. But we got the vibe down that I wanted. I'm really happy with the way things have turned out.”

Her place, Eden Cafe & Bakeshop, has been settling into its new home at 242 Ellicott St., Batavia for about a month now since moving out of Eli Fish Brewery on Main Street. Her vision unfolded in colors of cream and rosy melon, light olive green and two shocks of cobalt blue from the wall artwork made of recycled plastic Domino sugar bags.

A possibly stereotypical description, perhaps, for a plant-based eating spot, but there is a light and airy feel upon entering. The light cream and melon furniture features a row of booth seating along the wall, with light oak-colored chairs on the opposite side. Flat tan baskets with bold black designs hang on the walls behind while similarly hued light covers — featuring what seem to be leaves that form a circular fixture — hang overhead.

Was her theme tropical? Apparently not, she said, though it emanates a slow-down vacation-type vibe, especially with the cluster of green plants and boutiquey seating in front of two large windows in front.

“It's not really what I was going for. I was just thinking like, boho chic,” she said. “Something not terribly trendy.”

For those who aren’t familiar with Eden Cafe, it offers a plant-based menu with a twist on some old tried-and-true dishes. There are cauliflower wings, breaded, baked to order and served with mild to hot wing sauce or a house-made sweet maple mustard or Cattleman’s Gold. Cauliflower is the new darling of the food industry, and cauli wings, as they’re called, offer a meaty-like bite with seasonings and a sauce.

There’s a selection of burgers — made with a Beyond Meat brand patty that Hysek said comes “really, really close” to the real thing — served with grilled pineapple, homemade pickled onions, teriyaki and mayo, or with a more traditional lettuce, tomato and French’s fried onions. There are also house-made chipotle black bean and chickpea patties, crunchwraps, salads, bowls and Eden’s popular carrot dogs.

Hysek’s original idea was to go more upscale with her new location, but customers threatened a boycott. They demanded her crunchwraps — the Southwest includes a black bean patty, seasoned rice, lettuce, tomato, onion and chipotle ranch — and carrot dogs.

Served in the size of a typical hotdog and marinated in a combo of liquid smoke and aminos with a piquant sauce flavor, grilled and served on a bun (homemade and perfected by Hysek’s father), it does replicate a chewy, smoky grilled hotdog. Want something adventurous? Try the Picnic, topped with a mix of house-made mac salad and crunchy potato chips, or the Sassy featuring homemade sweet maple mustard, pickled jalapeños and fried onions. People love the mac salad, she said.

Hysek hasn’t always been a vegan. It wasn’t until 2015 that she made the gradual transition after realizing that animals are animals, no matter whether a chicken or pig or her pet dog, she said. She had gotten some chickens in order to have fresh eggs, and the Batavia resident fed them every day. She started to make an association with them as living creatures, and how their body parts were something she had been eating.

"I was feeling them on my hands. I would feel them growing and I felt like, I finally made the connection and admitted, ‘Oh, that's a breast right there. Yeah, the drumstick that I like eating. And then I looked at my Chihuahua … so I stopped eating chicken. And then I stopped eating pork and beef and fish, and eventually just kind of went right into veganism.”

There will be no pressure to follow suit at Eden, but she does feel that most anyone can find something enjoyable to eat there.

“I think people would be surprised at what a good meal they could get, and please their palate even if they're not vegan or vegetarian,” she said. “I think if you have an open mind that you should find something that you really enjoy.”

She has a loyal following, and many of those customers will bring newcomers to try out the meals. Others will come to check out the plant-based options for lunch, dinner and/or dessert, she said.

“There was definitely a need for something like this in Batavia. I think there is a community for people who want to eat healthier or more plant-based foods,” she said. “And then I think there's definitely a crowd that's coming in and actually willing to give it a try.”

Business has been good so far, and Eden also does catering for up to 200 people off-site and up to 25 inside the cafe. Although the food is typically healthy, that doesn’t mean it’s boring or plain. Pies and cakes are regularly baked on-site and served by the piece, including the lemon meringue. A soft, fluffy meringue is piped onto a bed of sweet-tart lemon curd and tucked into a golden brown, homemade crust. None of it is made with animal products, she said.

Nicole DellaPenna is the head chef and manager, and there are prep and line cooks, plus a baker, to take care of demand, Hysek said. With an entrepreneurial spirit ever since she was in elementary school, Hysek started out collecting and then selling pencils and paper to her siblings. She has grown up to operate her first brick-and-mortar establishment, she said.

“Our volume has definitely increased since we left (Main Street); it's fantastic,” she said. “I was kind of, it's going to go either way, we have no idea how it's going to work out, and we're really happy with the (outcome).”

Eden Cafe & Bakeshop is at 242 Ellicott St., Batavia. Hours are 11 a.m. to 2 p.m. and 4 to 8 p.m. Tuesday through Saturday for dining in or take-out. For more information, call (585) 815-4487.

Top photo: Judy Hysek, owner of Eden Cafe & Bakeshop, at her new location at 242 Ellicott St., Batavia. Cauli wings, carrot dogs, lemon meringue pie and strawberry salad are just some of the many plant-based dishes awaiting hungry diners.

Photos by Howard Owens.

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New fire engine for City of Batavia

By Joanne Beck

A new fire engine — at a total cost of about $700,000 — is on the horizon for the city of Batavia after City Council approved a U.S. Department of Agriculture Rural Development funding offer Monday.

Council approved Rural Development’s proposed funding of a $630,000 loan at 2.5 percent interest for 20 years; an estimated grant of $50,000; and the city’s own contribution of $20,000 to come from fire department reserves, City Manager Rachael Tabelski said.

“We need to replace engine 12. This is in the capital plan for vehicle replacement. It is a 20-year-old fire apparatus pumper. The estimated costs a month or two ago was $700,000, and whether that holds true today, we'll see,” Tabelski said during a special business meeting at City Hall. “I recommend that we accept this funding offer from USDA Rural Development. If we do so by the end of June, it's basically an informal letter from myself to them to move forward in the process. We'll be able to lock in the interest rate at 2.5. Interest rates are supposed to go up again at the end of June.”

The current engine 12 has been showing “extreme corrosion,” she said in a memo to council members. Excessive road salting during winter months has caused corrosion and decay on the engine body, chassis and wiring, and the fire engine has had many repairs in the last few years — repairs that are becoming more costly, she said.

The new engine will be a 2023 National Fire Protection Association compliant rescue-style fire engine with a custom cab, seating for six fire personnel, 1,500 gallons per minute fire pump with foam capability, a 750-gallon water tank, the latest safety features, full LED emergency and scene lights and aluminum or stainless steel construction for longevity.

City Council unanimously approved the resolution to accept Rural Development’s funding offer and to transfer $20,000 out of fire reserves to be used for the deal.

A 5K and neighborhood gathering prompt questions during City Council meeting

By Joanne Beck

Even fun has to be questioned sometimes.

That’s how City Councilman Bob Bialkowski felt during council’s conference meeting Monday. The group was reviewing several event applications, and a couple of them — GLOW Corporate Cup and Venue Entertainment — stopped the flow of approvals.

Were they going to sell or provide alcohol at these events? Would participants be allowed to walk around outside with alcohol? Bialkowski, who is a councilman-at-large, just wanted to confirm the details, he said.

“I just want to make sure we're following the law and will not have any confusion, because, you know it can happen. In a way the law is threatening ‘you need an exemption,’ so it's not allowed on any municipal property period,” he said to The Batavian after the meeting at City Hall. “And the other one at South Swan, I just had some concerns because of what’s served at the event. And it's kind of ambiguous. A lot of times if you communicate things ahead of time and you have it all laid out, it's crystal clear, there's no problems.”

GLOW Corporate Cup is a yearly 5K event with several organizations that bring their own tents, food and beverages for an “afterglow” party once the race is over. It has been set for August 4 this year at Centennial Park in Batavia. Bialkowski said that he hasn’t heard anything negative about the event, especially in relation to drinking alcohol, but he wanted to know the parameters.

City Council President Eugene Jankowski emphasized that the event sponsor does not provide any alcohol (or other beverages or food), and that it’s up to each organization to bring, use and monitor what’s being supplied for its group participants.

Venue Entertainment requested to have a community block party on August 6 on South Swan Street in Batavia. The party is to run from 2 to 10 p.m. with a DJ, bands, face-painting, basket raffles, a bounce house, tents, a T-shirt sale and food vendors. An asterisk on the application indicates that alcohol will be available for purchase through Polish Falcons, which prompted Bialkowski to question the use and sale of alcohol during the event. He asked where alcohol would be consumed and whether it was likely that attendees may be walking around the neighborhood with alcoholic beverages in hand.

Can the city control the use of alcohol during an event, Bialkowski said.

“I don't think we can. We can't prevent someone from gathering in a public place and having a picnic. We're just trying to assist so that there is no confusion or maybe double booking or something like that," Council President Eugene Jankowski said. “I know they’re closing the street off. I was wondering how they were going to pull this thing off. We want to know so we don’t have a lot of chaos … “We want to make sure they have a safe, fun time. We want it to be successful.”

Council members discussed the event itself, with four barricades in the neighborhood parkway near Polish Falcons on Swan Street. Councilman John Canale noted that the application asks questions pertaining to serving, providing and/or selling alcohol at the event. There is also a clause asking for the name of who will apply to the State Liquor Authority for a permit to sell alcohol.

That’s not applicable in this instance, Canale said.

“That falls under the Polish Falcons license to sell,” he said. “If Polish Falcons are selling it, they will be selling it out of the bar downstairs.

While discussing the GLOW 5K event, Jankowski referred the matter to City Attorney George Van Nest. Jankowski was  “under the impression that if someone wanted to have a picnic, they could drink any beverages they want,” he said.

“I think you’re generally right, Council President. I would defer to the chief for any violations that may come up during the park usage. But generally speaking, as it relates to event applications, if there's a specific event in a downtown space, there might be a request for Dram Shop insurance as well,” Van Nest said. “But I would defer to the clerk as well, this event has happened in the past and there hasn’t been an issue with it. And it seems to be on par with other events that happened throughout the community.”

Dram shop insurance — dubbed after the age-old phrase used for bars and restaurants that serve alcohol — is a liability insurance plan designed to protect alcohol-serving businesses from the risks associated with their industry, according to insurance canopy.com.

City Council agreed to move along the requests, accompanied by requests for the annual Kiwanis 5K, fireworks at two Muckdogs’ games on June 4 and 18, Jackson Square concerts on Thursday and Friday evenings throughout the summer, Blue Pearl Yoga in the Park, HCR Home Care's ribbon-cutting on June 8, an official naming ceremony for the David McCarthy Ice Arena for June 3, a homeowner’s workshop for July 23 in the City Centre concourse and a chicken barbecue for June 4.

Top photo: City Councilman Bob Bialkowski questions the use of alcohol during council's review of event applications Monday at City Hall. Photo by Joanne Beck.

Motorcyclist dies after bike leaves roadway on North Byron Road

By Alecia Kaus

At 3:41 p.m. on May 21, 2022, Genesee County dispatchers received a call of a motorcycle off the road in the area of 6191 North Byron Road with the subject not breathing. 

According to Sgt. Andrew Hale with the Genesee County Sheriff’s Department, a male in his 60’s from Hilton, NY, was traveling eastbound on North Byron Road with three other motorcyclists when for some unknown reason the motorcycle left the roadway and went off the north shoulder of the road and through a ditch, striking a wooden fence, coming to rest on its side.

The motorcyclist was pronounced dead at the scene by the Genesee Coroner’s Office.  The three other motorcyclists who were traveling with the victim were not in the area when the subject left the roadway and crashed.

The Sheriff’s Office is investigating the cause of the accident.

UPDATE: The driver has been identified as Thomas Hankey, 60, of Hilton. He was driving a 2013 Victory motorcycle.  It appears that Hankey was eastbound on North Byron Road with three other motorcycles when his bike left its lane of travel. It crossed over the center line and continued off the north shoulder of the road. The motorcycle struck a farm fence and flipped over end-over-end and came to rest on the north shoulder. The cause of the crash is under investigation by the Crash Management Team.  

By Alecia Kaus/Video News Service

Rochester man accused of stealing crossbows from Dick's

By Howard B. Owens

A Rochester man was arrested yesterday on a charge of petit larceny after allegedly stealing two crossbows from Dick's Sporting Goods on Veterans Memorial in Batavia.

Staff at Dick's reported a theft of crossbows as the suspect drove away and provided dispatchers with a description of the vehicle. 

A car driven by William Jefferey Gould, 39, of Affinity Lane, Rochester, was later stopped by State Police on I-490 and the crossbows were recovered.

Gould was also reportedly driving a stolen car from Freece.

The theft of the crossbows was investigated by Deputy Eric Meyer and Deputy Ayrton Blankenberg.

Gould was released on appearance ticket and turned over to police officers in Greece.

Despite a pandemic and funding shortfalls, Genesee County's Job Development Bureau highlights success

By Joanne Beck

There are signs on two doors at Genesee County Job Development Bureau that caught the attention of Genese County Legislator Rochelle Stein.

One sign had a locked door with the message “we are not open,” issued by the New York State Department of Labor, while the other sign stated that the development bureau was open for business. Given that kids are in school and people have returned to work, it was surprising for Stein to see the state closed to customers, she said.

“I was shocked,” Stein said during Wednesday’s Ways & Means Committee meeting.

Director Teresa Van Son agreed. She gave a department report intertwined with both the good and bad news. The Job Development Bureau remained open in some capacity throughout the entire pandemic, she said.

“I'm really proud of how our team has moved forward and continues to provide services and adapt, and all that we've accomplished,” she said. “So I'm going to follow the same format as last year; I'm gonna give you the bad news first. “

Last year she predicted an overall shortfall of funding that would cause the department to dip into its reserves. “We did have to do that, and we do anticipate that happening again this year,” she said. Bad news. However, the Workforce Development Board contract has been renewed for next year. Some good news.

“And my last thing of bad news is that all of our programs continue to be provisional. They all didn't take the test that was offered in April,” she said, adding that a new member has been tapped to be on the Workforce Development Board.

“We’d like to present one appointment to the Workforce Development Board. Daniel Ireland, president of Rochester Regional Health, for a two-year term representing private sector business and healthcare.”

Ireland will be especially welcome at a GLOW With Your Hands “2.0” program. A new addition to the 2023 line-up, that program will focus on healthcare, which is certainly in Ireland's wheelhouse. More details are to be available in spring 2023, she said.

Other good news is that all program staff have been cross-trained, she said, including one new staff member. All staff will have have learned about every one of the site’s programs, she said, meaning “no more siloed job development.”

Training is crucial, yet difficult to do with about $150,000 across all four counties, she said, echoing a legislator with “that’s not enough.”

“The cost of running four Career Centers (one each in Genesee, Livingston, Orleans and Wyoming counties) in GLOW just keeps increasing. And as those costs increase, and the allocation from the state stays pretty level with small increases, that means we have less training dollars to help people with skill upgrades and to get into better jobs or into jobs,” Van Son said. “So the Workforce Development Board is looking at applying for different grants so that we can just provide additional training for folks, but it's going to be tight.”

Aside from statistics, funding woes and program updates — the necessary staples on the menu — she then got to the main course: success stories. These are some of the folks who benefited from the agency’s training and employment programs, she said.

First there’s Tom, who was in a residential recovery program for addiction. He wanted training to become an electrician, and the agency sent him to school. “He did amazing,” she said. “Great attendance, great performance.” From there he received subsidized employment while upgrading his skills to become a journeyman, she said.

And then there’s Karen, who had been unemployed for 13 years. A stay-at-home mom, Karen was getting disability benefits for kidney failure and struggled with anxiety and depression. Karen wanted to be a good role model for her two children, each who had a disability as well. Their mom obtained training to be a phlebotomist and is working at a hospital.

“She wanted to set a good example and show them that even though you have a disability, you still can be a productive member of the workforce,” Van Son said. “And she's very excited to be back in the workforce. So, I just wanted to share a few stories to give you a sense of the kind of thing that we're doing.”

Siebert clears the air about claims of former state senator

By Joanne Beck

After presenting bid requests for election-related equipment Wednesday, Genesee County Board of Elections Commissioner Dick Siebert put on his personal hat. 

He wanted to clear the air about the relationship between him and former state senator George Maziarz. This past week Maziarz held a news conference to announce a lawsuit he has filed against Western Regional Off-Track Betting. In particular, Maziarz alleged that Batavia Downs and WROTB officials have engaged in "shameless and blatant corruption."

One of the allegations involved OTB members fraudulently obtaining perks, including health insurance, at the expense of taxpayers. Batavia Downs President and CEO Henry Wojtaszek defended the actions of both entities and said he believes that Maziarz is "just a bitter individual" who seems to have a vendetta against Batavia Downs and OTB. 

Likewise, Siebert, who has been a longtime leading member of OTB, wanted to have his say about Maziarz's motivation. 

"I'm just clearly here, I gotta say, and I'm gonna say this publicly, George Maziarz and I have not had a good rapport over the years," Siebert said during the Ways & Means Committee meeting. "When I was chairman, the one year George Maziarz approached me and he threatened me. If I didn't fire this particular guy ... he was a Democrat and George wanted somebody else ... I would never be chairman again.

"Well, I didn't fire him. He was definitely just upset because I would not support it. I understand being in the public eye that you're subjected to this kind of criticism ... I'm proud of what I've done for Genesee County. I'm happy to represent you. So I'm just getting this off my chest."

He recalled when Batavia Downs was in its early stages, and the parking lot and property were filled with seagulls and asbestos. All of that had to be cleaned up and new plans were put in place to create the gaming facility on Park Road, he said.

"I think we've done a great job."

Maziarz alleged that Siebert was involved in texting and/or emailing communications that involved misuse of company funds used for tickets to special events. Anyone who knows Siebert is also aware that he doesn't do such technology, he said. 

"The joke in my office was 'we know Dick didn't do that because Dick doesn't text.' My wife does all the acquisitions. She laughed. She said, 'What is he saying? You can't do emails.' Number one, I never emailed anybody about any tickets. I got accused of owing Genesee County taxpayers hundreds of thousands of dollars for the health insurance that I had taken for the 28 years I've been here," he said. "It's questionable right now and we're reviewing it. We've had, over the 28 years I've been here, we've had many comptrollers audits and not one of them raised an issue until just recently about the legality of it. So I had health insurance, and I'm not denying that I've had it, everybody else can have it." 

There have been prior audits with some negative findings, and OTB has made changes accordingly, Siebert has previously said. There was a lack of oversight of the distribution of sports and concert tickets and use of company vehicles, he said, and those mistakes have been corrected.

To read more about the Maziarz lawsuit, click here  

Grand Jury Report: Man accused of starting fire, threatening law enforcement and firefighters in Stafford in December

By Howard B. Owens

Christopher C. Say is indicted in counts of assault 2nd, criminal possession of a weapon 3rd, attempted arson 3rd, criminal mischief 2nd, making a terroristic threat, and criminal mischief 4th. Say is accused of using a dangerous instrument to cause serious injury to another person on Dec. 26 in the Town of Stafford. He is accused of using brass knuckles. He is attempting to start a fire to damage a detached garage at a location on Main Road in Stafford. He is accused of damaging the property of another person in excess of $1,000 in value. He is accused of threatening several troopers, deputies, and firefighters. He is accused of damaging an armored police vehicle. (Click here for previous reports of this incident.)

Adam E. Bortle is indicted on counts of promoting prison contraband 1st and three counts of criminal possession of a controlled substance 7th. Bortle is accused of bringing narcotics into the Genesee County Jail on March 20, specifically Alprazolam, Fentanyl, and cocaine.

Gerard H. Altenburg is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and reckless driving. Altenburg is accused of driving a 2006 Dodge on Route 5 in the Town of Pembroke while intoxicated on Dec. 1. He was previously convicted of DWI in the Town of Pembroke in June 2016.

Eric T. McGrain is indicted on a count of felony DWI.  He is accused of driving a 2019 Chevrolet on Jan. 8 in the Town of Batavia. He was previously convicted of DWI in June 2012 in the Town of Greece.

Marcella F. Greene is indicted on counts of criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 7th. Greene is accused of possessing cocaine in a quantity significant enough to sell and a quantity of Fentynal on Dec. 21 in the Town of Batavia.

Edward S. Demetsenaere is indicted on counts of felony DWI and aggravated unlicensed operation. Demetsenaere is accused of driving drunk on Oct. 27 in the Town of Pavilion.

David B. Kenjockety is indicted on counts of felony DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation. Kenjockety is accused of driving drunk on Aug. 13 in the Town of Darien. 

Jason P. Gorton is indicted on a count of assault 1st. Gorton is accused of causing serious injury to another person by use of a dangerous instrument, a mobile phone.

Isaac D. Abrams is indicted on counts of burglary 1st and assault 3rd. Abrams is accused of entering a dwelling on Bloomingdale Road, Town of Alabama on Dec. 28 with the intent of committing a crime. He is accused of causing injury to another person.

Law and Order: Batavia man accused of clocking in at employer but not working

By Howard B. Owens

Stephen S. Bogle, 35, of Batavia, is charged with grand larceny 3rd and falsifying business records 1st. Bogle is accused of going to his place of employment on Bank Street, Batavia, and punching in, then leaving for eight to 12 hours, then punching out, without ever physically being present at work. He is accused of stealing $13,148.63 as a result of this scheme.  He was arraigned in City Court and released on his own recognizance. 

Gerald Brinson Jr., 33, of Rochester, is charged with burglary 2nd, grand larceny 4th, criminal mischief 3rd, criminal possession of a weapon 3rd, endangering the welfare of a child, falsely reporting an incident 3rd, and menacing 2nd. At 9:30 a.m., May 17, Emergency Dispatch received a call of a disturbance and burglary in progress at a residence on Oak Street. Brinson is accused of entering the residence of a woman he knew and attacking her. According to Batavia PD, he was wanted on a gun case in Monroe County.  When patrols arrived, officers determined the victim and her year-old son had escaped from the residence but Brinson was still inside, refusing to exit. Officers from the Genesee County Sheriff's Office, NYS Police, and NYS Environmental Conservation arrived to assist. While Brinson Jr was inside the residence, he allegedly called in a fake report of gunfire on Ellicott Avenue. Eventually, Brinson Jr came out of the residence and was taken into custody. Brinson was arraigned in City Court and ordered held on $25,0000 bail, $50,000 bond, or $100,000 partially secured bond.

Tonya M. Weber, 38, of Batavia, is charged with petit larceny. Weber is accused of leaving a business on West Main Street, Batavia, at 5:40 p.m., April 13, with a bag of groceries without paying for them. She was released on an appearance ticket.

Steven M. Lindner, 49, of Albion, was arrested on a bench warrant. Lindner was wanted on a warrant out of City Court.  Linder was arraigned and the case was disposed by the judge. Lindner was released and does not need to return.

Dierdre A. Louchren, 56 of Batavia, is charged with failure to appear. Louchren was arrested on a warrant. She was originally arrested in 2020 on an abandonment of animals charge. Louchren was arraigned in City Court and ordered to appear on May 19.

Cheryl M. Figoura, 42, of Batavia, is charged with petit larceny. Figoura is accused of stealing money from her employer on Oak Street at 5 a.m., May 5.  She was issued an appearance ticket.

Christopher P. Thomas, 38, of Batavia, is charged with criminal mischief 4th. Thomas is accused of damaging another person's property on State Street, Batavia, at 1:22 p.m., April 23.  He was issued an appearance ticket.

Cynthia C. Richardson, 42, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Richardson allegedly failed to stop her child from going outside without a parent or guardian past curfew. Richardson was issued an appearance ticket.

Ashley M. Davis, 33, of Batavia, is charged with failing obligation of parent or guardian. On 12:59 a.m., May 5, Davis allegedly failed to stop her child from going outside without a parent or guardian past curfew. Davis was issued an appearance ticket.

Ronnie J. Flinchum, 63, of Batavia, is charged with harassment 2nd. Flinchum is accused of threatening physical contact with another person during a dispute reported at 8 p.m., April 28, on Bant Street, Batavia. Flinchum was issued an appearance ticket.

Jonathan Chisler, 31, of Bacon Street, Le Roy, is charged with aggravated harassment 2nd. Chisler was arrested following a complaint regarding an incident reported at 9:38 a.m., May 13, at a location on Union Street, Le Roy. He was issued an appearance ticket.

Ethan Thomas Cifeill, 24, of Bernd Road, Le Roy, is charged with petit larceny. Cifeill is accused of stealing something from a location on South Street, Le Roy, at 8:02 p.m., May 14.

Latoya Denise Jackson, 36, of State Street, is charged with criminal contempt 2nd, resisting arrest, obstruction of governmental administration, and criminal trespass 2nd. Jackson was allegedly at a property on West Main Street Road at 10:11 a.m., May 17, and refusing to leave. Jackson was arraigned in Town of Batavia Court and released on her own recognizance.

Michael David Wiedrich, 52, of Boyd Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Wiedrich was stopped at 1:45 a.m., May 18, on North Street, Le Roy, by Deputy David Moore. He was released on appearance tickets.

Suzanne Marie Kennelly, 32, no address specified, Batavia, is charged with unlawful fleeing a police officer 3rd, DWI, driving with a BAC of .08 or greater, speeding, and moving from lane unsafely. Kennelly is accused of failing to pull over at 7:14 p.m., May 6, when Deputy Trevor Sherwood attempted to stop her on Wight Road, Alabama.  She is scheduled to reappear in Town of Alabama Court at 6 p.m., July 5.

Michael James Fox, 37, of Park Avenue, Oakfield, is charged with forcible touching. Fox was arrested following a complaint lodged at 5 p.m., May 9, on Park Avenue, Oakfield. An order of protection was issued and he was released on his own recognizance.

Maria Lynn Dimartino, 56, of Rollin Circle, Batavia, is charged with petit larceny. Dimartino is accused of using the bar code on a 32-inch TV to purchase a 50-inch TV at BJ's Wholesale Club at 7:25 p.m., April 21.  She was issued an appearance ticket.

Pembroke's United Basketball team experiences the roar of the crowd in home game

By Howard B. Owens

Pembroke High School held a special "assembly game" of its United Basketball team against the Pioneer Panthers, of Section VI, on Wednesday afternoon.

Unified Basketball, sanctioned by the NYS High School Athletics Association and Special Olympics, brings together teams of students with disabilities and those without to compete regionally.

"The purpose of an Assembly Game is to help spread the word about Unified sports and encourage more involvement, as well as provide some student-athletes with a once-in-a-lifetime experience to compete before a packed gymnasium of their peers," said Principal Nathan Work.  "This is a pretty big deal in the world of Special Olympics and Unified Sports."

Pembroke won 44-38.

Two retail, restaurant buildings in former Kmart parking lot get final approval from town planning board

By Howard B. Owens

After Town of Batavia Planning Board members gave the final approvals to Benderson Development for two new commercial buildings in the former Kmart parking lot on Lewiston Road, they had but one question: "who is it?"

The rep from Benderson wouldn't say.

He said he couldn't release the names until leases are signed. He said that lease signing could come soon for at least one potential tenant, with construction to begin on that building in July.

Benderson is planning:

  • A 4,000-square-foot restaurant with a drive-thru and bypass lane to be located in the southwest corner of the property;
  • A 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop with drive-through in the southeast corner of the property.

On Tuesday, the planning board approved the project's environmental review, special use permit for a drive-through, and site review plan.  With those final approvals, Benderson is ready to sign agreements with the intended tenants of the buildings.

Before the vote on the special use permit, Chairwoman Kathy Jasinski noted that the only opposition had come from pizza shop owner Jerry Arena, who objected to the entire project.  She said it was her understanding that Arena had modified his position and town engineer Steve Mountain said that is correct. 

"He's not here tonight so I'm assuming that he's okay with that," Jasinski said. "So we really don't have any opposition." 

UPDATE: Jerry Arena said he was not aware of the meeting and that his position hasn't changed at all.  He still opposes the project.

Revitalizing neighborhoods part of the job for future assistant city manager

By Joanne Beck

Applications have been coming in for the vacant assistant city manager position as Batavia City Manager Rachael Tabelski formulates the role’s top priorities.

The interview process is set to begin in the next few weeks, she said.

“I’m looking at neighborhood revitalization. It's a very long-term look, but I'm trying to coalesce all the information I've gathered in the different years of working with the county and in the city, and bring this project forward,” Tabelski told The Batavian on Tuesday. "We'd like to have someone in place by the end of July."

Earlier this month, Jill Wiedrick submitted her resignation letter after being assistant manager for just about a year. She had announced that she was leaving for another job in Fairport.

Tabelski has ideas about what she’d like to assign to the future assistant, and reinvigorating city neighborhoods is the theme. Her top two goals are to preserve the tax base and eliminate blight, she said.

“The ideas I have about neighborhood revitalization include the possibility of looking at our zoning, looking at flood properties, and how we can bring more value to southside neighborhoods,” she said. “Understanding if there are problems in neighborhoods, and what changes in our code could be implemented to help mitigate those types of problems, helping residents stay in their homes and not be foreclosed on.”

She’d like that new person to understand the various types of programs available for assistance to property owners, and know where “zombie” properties are, along with working with banks to stabilize those properties on a “path to homeownership,” she said.

The term zombie properties was coined for those sites that become stagnant due to the prior owners defaulting on payments and the banking institution locking it down in ongoing legal procedures before the city can claim foreclosure. That has also created issues with landscape maintenance -- or lack thereof -- as the particular property remains in limbo with no one specifically responsible for it.

“Because they do cause a drastic effect on neighboring properties when you do have a vacant property in your neighborhood,” Tabelski said. “And lastly, looking into different land banks and how other communities have used those to move property forward, as well as continuing to work with Habitat for Humanity.

"So this is a very multi-prong strategy and (the future assistant is) going to have other ideas than the ones I presented. And that's what I want their first big job to be, is coming up with defining the strategy today, a strategy which would have multiple paths on it to help Batavia’s neighborhoods, and then starting the execution of those plans into the future.”

 

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