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House fire reported on Walnut Place, Batavia

By Howard B. Owens

A house fire is reported at 2 Willow St. in the City of Batavia.  

Smoke and flames are said to be pouring out of the side of the residence.

The occupant may not be home. 

City Fire responding.

UPDATE 3:44 p.m.: The correct address maybe 2 Walnut.  The caller confirmed 2 Willow three times on the phone. She plots to Walnut.

UPDATE 3:56 p.m.: The correct address is 2 Walnut Place.

UPDATE 4:19 p.m.: National Fuel and City code enforcement on location.

UPDATE 5:22 p.m.: City Fire back in service.

UPDATE 5:35 p.m.: Interim Chief Dan Herberger said the fire was contained to a single room but there is smoke damage throughout the house. The cause of the fire is still under investigation. One firefighter suffered a minor injury.

Short pursuit through the City of Batavia after reported larceny in the Town of Batavia

By Howard B. Owens

 

Local law enforcement have two people in custody after a larceny incident at a store on Veteran's Memorial Drive on Saturday afternoon. 

A black Honda Odessey minivan was attempting to evade police as it left the area of Veteran's Memorial Drive. This led to a short pursuit through the City of Batavia.

The pursuit ended at Porter Avenue and West Main Street when the minivan became stuck at the intersection due to the traffic on West Main.

According to local law enforcement, the driver of the minivan then fled on foot from the van and was later apprehended on Washington Avenue by Batavia patrol officers.

A female passenger remained inside the minivan.

Both are in custody.

The minivan was towed from the scene.

Story and photos by Alecia Kaus/Video News Service.

Students at spring camp in Batavia learn that 'art is everything'

By Howard B. Owens

Willow Amherein dances in her rehearsal for a green screen video production during the final day, today, of GO Art!'s spring week-long art camp for children.

GO Art! offers art camps during school breaks -- winter and spring -- to expose children to as much art as possible.

Many of the classes during the camp were taught by guest artists. The artists included:

  • Blanca Rodriguez from Avon, originally from Puerto Escondido, Oaxaca, Mexico. She demonstrated and helped the campers make traditional foods: tortillas, pico de gallo and a drink, agua de jamaica (Hibiscus flower "tea".)
  • Womba Africa, a Ghanaian drumming and dance group from Rochester. Their leader is Quaye Odai, and two other members of the group came on Friday, Odai and Raymon. They came to the U.S. in 2019 and settled in Rochester. They perform for all kinds of community events, concerts and do assemblies or visits to schools.
  • Grandmaster Yuanming Zhang, who earned international recognition for his expertise in medical qigong, internal martial arts, energy painting & calligraphy, practical application of the Yi-Jing, and remote energy healing. He did Calligraphy with the kids.

The students also painted and made 3D mosaics.

At the end of an interview, Mary Jo Whitman, education/SCR director for GO Art! as a group working at paintings on a nearby table, "What is art?" and Kashmarae Wissinger spoke up immediately: "It's everything!"

"That's right," Whitman said. "It's everything and that's the goal of our program."

Photos by Howard Owens

 

Jodi Fisher working with students on their green screen video projects.

Mary Jo Whitman mixing paint for a student.

Thera Sanchez helping a student with her art project.

Basom man accused of attempted murder after knife attack reported

By Howard B. Owens
Jarrett Coniglio

A 29-year-old man in Basom has been charged with attempted murder.

Jarrett C. Coniglio, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with three other felonies and two misdemeanors.

He was arrested after deputies responded to a residence on Sandhill Road on the reservation for a reported assault. 

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

Coniglio was arraigned in Town of Alabama Court and ordered held without bail.

In addition to attempted murder 2nd, a Class B felony, Coniglio is charged 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.

The incident was investigated by Erik Andre, assisted by Sgt. James Diehl, Investigator Kevin Forsyth, Investigator Ryan DeLong, Investigator Howard Carlson, Investigator Chad Minuto, Investigator Joseph Loftus, Sgt. Mathew Clor, Deputy James Stack, Deputy Aryton Blankenburg, Deputy Ryan Mullen, and Deputy NicholasChamoun.

Pembroke man set to 'glow' for it as neon light specialist

By Mike Pettinella

After a long career in the natural gas and oil exploration industry, Pembroke resident William Gerych is ready to put the “bright” idea he has been holding onto for a while into action.

Gerych and his wife, Mary Ann, attended tonight’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, seeking a special use permit for a home-based business: Creating and repairing neon signs.

“It’s something I’ve always wanted to do,” said Gerych, who has worked for Lenape Resources, Inc., of Alexander for the past 39 years. “I like bending glass and have learned that it is truly an art.”

He said he spent six weeks learning the craft in a one-on-one training session with Howie Cohen, owner of Just Neon in Utica.

Gerych said neon sign repair is a “dying industry” because there aren’t a lot of people specializing in the vocation, but believes there is a market for it. His business plan is to advertise through the internet and to contact stores and restaurants that either sell or display the signs.

The planning board, understanding that Gerych will work out of his pole barn-style garage behind his house, recommended approval of the special use permit request with the stipulation that storage and disposal of any hazardous materials must comply with state and federal regulations.

In other action, the board recommended approval of:

  • The downtown design site plan for a new façade at 35 Batavia City Centre for the Batavia Players’ Main Street 56 Theater;
  • Site plan of additions to two office buildings under construction on the Gateway GS LLC (Gallina Development) site on Call Parkway. One building is going from 22,200 square feet to 30,000 square feet and the other is going from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet;
  • Site plan for a 55- by 70-foot addition at O-At-Ka Milk Products on Ellicott Street Road, a project known as a MaCC Room Expansion.

Law and Order: Driver in accident accused of driving with a BAC over .18

By Howard B. Owens

Kristopher Robert Almeter, 34, of Union Hill Drive, Spencerport, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, and drinking alcohol in a motor vehicle. Almeter was arrested following an investigation into a motor vehicle accident reported at 9:01 p.m., April 11, in the area of 7405 Reuben Road, Tonawanda Indian Reservation.  The accident was investigated by Deputy Zachary Hoy. Almeter was released on appearance tickets.

Jordan Alexander Brown, 20, no address provided, is charged with criminal mischief.  Brown is accused of damaging the property of another person. The damage was reported at 4:59 p.m., April 13, at a location on Lewiston Road, Alabama. He was issued an appearance ticket.

Beth Ann Jeffres, 40, of Pavilion Warsaw Road, Covington, is charged with filing false instrument 2nd. Jeffres is accused of providing a false supporting deposition on March 21 at a location on School Street, Batavia.  She allegedly provided another supporting deposition on April 7 recanting her original statement. She was released on an appearance ticket. 

James Joshua Preedom, 37, of West Main Street, Batavia, is charged with harassment 2nd. Preedom is accused of harassing a person at 6 a.m., April 8, at a location on West Main Street, Batavia. He was arraigned in Town of Batavia Court and released on his own recognizance. 

The ‘big one’ is back, and it’s Mammoth

By Joanne Beck

There’s only one way to say it: the big one is back, John Bowen says.

After a two-year break, the annual Mammoth Sale will be a treasure trove of assorted goodies to benefit St. Joseph’s School, Bowen said Wednesday to The Batavian. The sale that’s grown so enormous for any words other than “Mammoth” will return for the public on April 21, 22 and 23 at the elementary school at 2 Summit St.

“It’s going to be different this year,” Bowen said. “On Wednesday (April 20), we’re having a special promotion day, it’s a special thank-you for all of our supporters.”

All emergency responders, fire department, law enforcement, hospital employees, stores that have donated goods and related office staff from Genesee, Orleans and Wyoming counties are invited from 7 a.m. to 8 p.m. on Wednesday to shop with a 50 percent discount. 

There will be plenty to choose from on all four days of the event, Bowen said, with collections of lamps, dining and living room chairs, flower and terracotta pots and “really nice kids’ toys,” including a large puppet stage, picnic tables, a work bench, sandbox, assorted toys and chairs and a Thomas the Train set-up. 

Other items include women’s purses, hand-painted furniture, a Xerox work center 7535, Mason jars with covers, antique bottles of varying shapes and colors, soda fountain sundae cups and some 12 feet of appliances — brand new still in the box — such as coffee and waffle makers. A table of gift baskets, a “huge furniture section” and knick-knacks, dishes and paintings round out the offerings laid out in the school cafeteria. And while in the cafeteria, shoppers may want to nibble on a little something, perhaps the homemade soup, wrapped baked goods, freshly made popcorn, doughnuts, or a slice or two of pizza.

Bowen and fellow co-chairpersons Mary Barbeau and Norm Argulsky are grateful for the donated food items from Tim Horton’s, Ficarella’s, Main St. Pizza Company, Cinquino’s and Pizza 151, and gift basket items from many other local businesses. 

Some of the COVID-19 protocols are still in place, and a small core of volunteers are ensuring that everything is being done right, Bowen said. That means cleaning, wrapping, containing, serving and ensuring that sale and food items are safe. Before the pandemic hit, there was a stage of clearance items for 75 percent off, and that will return for this event. Although the cafeteria can accommodate a couple of hundred people, staff will be monitoring the area to make sure it doesn’t get too congested with foot traffic, he said. 

As a longtime volunteer for nearly 18 years, Bowen has watched the event become an ever-improving one. “COVID threw us a curveball,” he said, adding that he and his co-chairs have had to adjust to new ways of doing things. 

Donations have been slower than usual so far this year, he said, and he encourages donations of “almost everything,” which now includes clothing. Pick-up of larger items may be possible with advance arrangements, and donations can be dropped off at the school’s annex throughout the year.

Bottom line for the Mammoth sale is that “every penny goes to the school,” Bowen said. All proceeds go to St. Joseph’s School to help with emergency funding, which may be anything from a roof repair, electrical issues and equipment needs to bus expenses for a student field trip. The goal this year is to raise $10,000, which is “a realistic goal,” he said, given the items up for sale. 

Hours are 8 a.m. to 3 p.m. Thursday (April 21) noon to 8 p.m. Friday (April 22) and 8 a.m. to noon Saturday (April 23). For more information, call (585) 297-7629

Top photo: The Mammoth Sale is filled with several items big and small, from dishes, paintings and children's toys to furniture and household appliances. Co-chairs John Bowen and Mary Barbeau review the items list, various displays of goods are being prepared for the sale, co-chairman Norm Argulsky prices items, co-chairwoman Mary Barbeau sets up a display, all at St. Joseph's School at 2 Summit St., Batavia. Photos by Howard Owens. 

County legislature proclamations recognize public health, public safety, animal care and control

By Mike Pettinella

The Genesee County Legislature issued three proclamations at its meeting Wednesday afternoon at the Old Courthouse -- National Public Health Week (April 4-10), National Public Safety Telecommunications Week (April 10-16) and Animal Care and Control Appreciation Week (April 10-16).

Legislator Gregg Torrey, left, reads from the National Public Health Week proclamation as Brenden Bedard, Public Health deputy director, looks on. The decree asks residents "to observe this week by helping our families, friends, neighbors, co-workers and leaders better understand the value of public health and supporting great opportunities and to celebrate public health’s accomplishments in light of this year’s theme, Public Health is Where You Are.

Legislator Chad Klotzbach presents the National Public Safety Telecommunications proclamation to, from left, Dispatcher Shelby Turner, Assistant Director Frank Riccobono, Director Steven Sharpe and Sheriff William Sheron. According to the proclamation, "Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; they work 24/7 and have one of the most stressful jobs in America, and (the legislature) takes great pride in honoring the men and women whose diligence and professionalism keep our county, citizens, and first responders safe."

Dog Control Officers Catherine Seward, left, and Sarah Fountain accept the Animal Care and Control Appreciation Week proclamation as Sheriff Sheron and Legislator Gordon Dibble look on. The decree states that animal control officers "are compassionate and committed individuals who serve to protect animals every day by enforcing laws pertaining to their treatment, and (the legislature) takes great pride in honoring the officers whose dedication and professionalism protect the welfare of helpless animals and pets within our county."

Submitted photos.

Grand Jury Report: Man accused of stealing firearms from residence in Batavia

By Howard B. Owens

Zachary S. Natale is indicated on a count of burglary in the second degree, a Class C violent felony, and two counts of grand larceny in the fourth degree, a Class E felony. Natale is accused of entering a dwelling on Elm Street in the City of Batavia on May 7, 2017, with the intent of committing a crime in the dwelling. He is accused of stealing firearms, including a Savage Arms A17 bolt action, Savage Arms Axis .223, Kel-Tec .556, and a Marlin Firearms 3030 lever action. He's accused of stealing property with a value in excess of $1,000.

Kenrey D. Benjamin is indicted on two counts of burglary in the first degree, a Class B violent felony, a count of criminal possession of a weapon in the third degree, a Class D felony, and attempted assault in the first degree, Class C violent felony. Benjamin is accused of knowingly entering a dwelling, an apartment on Lake Street in Le Roy,  without permission and remaining in it on Oct 17, with the intent of committing a crime in the dwelling and of causing physical injury to an occupant of the dwelling. He is accused of using a knife against another person. He is accused of attempting is permanently disfigure another person.

Marcus T. Hill is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony. Hill is accused of driving a 2006 Hummer HU3 on Clinton Street in the City of Batavia when he knew or should have known that his privilege to drive had been suspended or revoked on at least ten separate dates.

Jaequele M. Tomlin is indicted on counts of criminal mischief in the third degree, a Class E felony, and harassment in the second degree. Tomlin is accused of damaging the property of another person, a television and television stand, on Nov. 4, at a location in the City of Batavia. Tomlin is accused of having physical contact, or threatening to do so, with another person in an attempt to harass, annoy, or alarm the other person.

Thomas J. Wolcott is indicted on a count of criminal contempt in the first degree, a Class E felony. Wolcott is accused of violating a stay-away order of protection while on Central Avenue, City of Batavia, on Oct. 28.

Law and Order: Batavia woman accused of posting video of sex act on social media

By Howard B. Owens

Raven M. Spikes, 20, of Batavia, is charged with unlawful dissemination of intimate images. Spikes allegedly posted a video of sexual conduct on social media at 5 p.m., March 20. She was issued an appearance ticket.

James R. Tillery, 49, of Batavia, is charged with criminal mischief 4th. Tillery is accused of damaging property at a restaurant on East Main Street, Batavia, at 8:25 p.m., March 28. He was issued an appearance ticket.

Gary Philip Castronova, Jr., 36, of Dewitt Road, Webster, is charged with criminal possession of a controlled substance 7th, unlicensed driver, aggravated unlicensed driver 3rd., and insufficient turn signal. Castronova was stopped at 8:05 p.m., April 8, on East Main Street, Batavia, by Deputy Ayrton Blankenberg. He was issued an appearance ticket. Also charged, Heather Nicole Holbrook, 36, of East Main Street, Batavia. She is charged with criminal possession of a controlled substance and driving with no seat belt. 

Justin Michael Conner, 29, of Franklin Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, speeding, and failure to yield for an emergency vehicle. Conner was stopped at 12:46 a.m., April 9, on Clinton Street Road, Batavia, by Deputy Morgan Ewert. He was released on appearance tickets.

Carrie L. Hensley, 44, of Batavia, is charged with unauthorized use of a motor vehicle. Hensley allegedly refused to return a vehicle to its owner after borrowing it on April 2. She was issued an appearance ticket.

Jacob L. Hernandez, 27, of Batavia, is charged with obscenity 3rd. Hernandez allegedly sent lewd images of himself to another person at 8:20 a.m., March 31. He was arrested by Batavia PD on the charge after a Sheriff's deputy tried to arrest him on a bench warrant and Hernandez allegedly fled on foot into a wooded area where he was later detained. He then turned himself over to Batavia PD. He was ordered held on bail on the new charge as the charge related to the warrant.

Marie I. Frye, 57, of Batavia, is charged with harassment 2nd and endangering the welfare of a child. Frye is accused of punching another person at 8:03 p.m., March 26, while a child was in the room. Frye was arraigned in City Court and released.

Joseph W. Freeman, 37, of Batavia, is charged with failure to stop at a stop sign and obstructing governmental administration. Freeman allegedly fled from police on his bicycle at 4:44 p.m., April 3, during an attempted traffic stop. He was released on an appearance ticket.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 1st. Siminski is accused of contacting a person at 3:20 p.m., March 29, he was ordered by a court not to contact. He was arraigned in City Court and ordered held on $10,000 bail, $20,000 bond, or $40,000 partially secured bond.

Gina M. Olszewski, 29, of Batavia, is charged with DWI. Olszewski was arrested by a Batavia patrol officer following an investigation initiated at 8:28 p.m., March 28, into a possible criminal mischief at a local business. Olszewski was released on traffic tickets.

Nancy L. Lawrence, 69, of Batavia, is charged with soliciting alms on a public street. Lawrence was arrested following a complaint of a person begging for money on Alva Place, Batavia, at 11:30 a.m., March 29. She was issued an appearance ticket.

Matthew W. Kurtz, 52, of Batavia, is charged with criminal contempt 2nd. Kurtz allegedly had a third-party contact a person he was prohibited from contacting by an order of protection. He was issued an appearance ticket.

Jolene Y. Stevens, 33, of resisting arrest and obstructing governmental administration 2nd. Stevens is accused of fighting with police when officers attempted to arrest her ona warrant at 12:03 p.m., March 4. Stevens was arraigned in City Court and released.

Robert J. Ritchey, 58, of Oakfield, is charged with two counts of criminal sex act with a child less than 11 years old 1st, three counts of forcible touching, three counts of sex abuse 1st, and three counts of acting in a manner injurious to a child. Ritchey was charged following an investigation by State Police after a report was made at 1:17 p.m., April 5. He was ordered held in jail. No further information was released.

Lori A. Green, 59, of Batavia, is charged with petit larceny. Green is accused of stealing something in the Town of Batavia at 2:21 p.m., April 9. She was issued an appearance ticket.  No further information was released by State Police.

Jared C. Kostrewa, 28, of North Tonawanda, is charged with felony DWI and felony driving with a BAC of.08 or greater. Kostrewa was stopped by State Police at 2:23 a.m., April 8, in the Town of Darien. She was released on an appearance ticket.

RRH pediatrician delivers message on COVID, vaccines and masks for parents in region

By Howard B. Owens

While the omicron variant of SARS-CoV-2 carries with it less risk of a serious sickness, it still is a dangerous and sometimes deadly disease, and children should be protected from it, said Dr. Steven Schulz, RRH pediatrician and medical director of RRH Pediatrics in Monroe County.

The same appears to hold true, so far, for the B2 variant of omicron.

Rochester Regional Health via Zoom hosted a press conference today for reporters from throughout the region. It was pegged to a recent study published by the American Medical Association that found that the omicron variant is six to eight times more likely to lead to infections for children less than five years old but resulted, percentage-wise, in fewer hospitalizations.

Still, with nearly two percent of infected children dying as a result of an omicron-variant COVID infection, the disease remains far more deadly than the flu.

Schultz said that based on the most recent CDC numbers he's seen, 1,300 children in the U.S. have died from COVID over the past two years.  

"If we divide that in half, that's still way, way worse than any flu season we've had in recent history," Schultz said. "You hate to ever think that your child would be the one who would have the severe complication or the severe outcome, but it does happen and kids have died and do die from COVID."

Because omicron -- and so far B2 -- is more contagious, more children under age five are getting sick but because the variants do not seem to cause as many severe outcomes, area hospitals are not seeing many young children in the hospital. 

"Kids were less likely to need to go to the ER, to be hospitalized, end up in ICU, or on mechanical ventilation in this zero to five group compared to the delta," Schultz said. "That's certainly reassuring but it also doesn't mean that it's risk-free to get omicron, especially in this age group. We definitely know that we saw kids throughout that time ending up in the hospital, even though the odds might have been a little bit less compared to delta, because more kids were getting infected, we definitely still saw lots of kids in the hospitals."

It's not just immune-compromised kids, or children with other health issues, who are getting hospitalized and dying from COVID, Schultz said.  Healthy children are at risk, too.

The good news, Schultz said, is that we have a safe and effective vaccine -- the Phizer vaccine -- available to children over the age of five. 

"We know that vaccination is still the most effective way to keep children safe," Schultz said. "The COVID vaccine is safe. It's effective. It significantly reduces the chances of ending up in the hospital. So anybody who has children five years of age and up, I definitely encourage getting the COVID vaccine right now."

Since children under age five cannot be vaccinated, the best way to protect them, Schultz said, is for everybody in a household over age five to get vaccinated.

"You're protecting the younger child as well," Schultz said. "The other thing that we know, with all of this, of course, is still that masking and social distancing works. And it's not a coincidence that, since the mask mandate has been removed in early March, we're suddenly seeing increasing rates of COVID as well as influenza. There's, there's no question about it."

He noted that the positivity rate for COVID tests in the region has jumped from a recent low of three percent to 10 percent.  That's no coincidence, he said, and tied directly to the lifting of mask mandates.

Schultz has a young son who wears a mask to school every day.  Not only does it provide an extra layer of defense for him, Schultz said, it also helps other children in the school.  There are children in his class who have moderate to severe immunosuppression.  

"I completely agree that it's a greater good for the community as a whole to wear masks," Schultz said.

He disagrees with those who say masks harm children's interpersonal development.

"There have been lots of studies that actually show that it's not the case, that kids are still able to read facial expressions, that kids are still learning those interactions," Schultz said.

The other way to protect children, and others,, Schultz noted, is for parents of symptomatic young ones is to keep them home.

"There's not really any way to tell COVID from any other viral illness, based on symptoms alone," Schultz said. "A runny nose, congestion, cough, fever, even GI symptoms, they can happen with a variety of viral illnesses. Sometimes we can test to name those viruses, whether it's COVID, whether it's flu, but sometimes it's one of the other of hundreds of viruses that are out there. So if there's a suspicion or a question, especially if you have a child going to school, or daycare, or a large family gathering coming up, where there's a higher risk of transmission between people, it's really important to have your child seen and evaluated by a healthcare provider to make sure that it's not COVID In those situations."

TA Travel Center in Pembroke suspected of distributing water-contaminated fuel

By Press Release

Press release:

On April 11th, the Genesee County Health Department Weights and Measures Department received a complaint from a customer that purchased fuel from the TA Travel Center (8420 Alleghany Road) in Corfu, NY on April 6, 2022. After purchasing fuel, the car sustained damaged due to a high level of water in the fuel.  

After further investigation by Weights and Measures, the TA Travel Center received a similar complaint on April 6, 2022 and completed an investigation. They found that there was water in the fuel tank above the New York State limit and the establishment immediately discontinued pulling fuel from the problem tank on April 7, 2022.

Customers are asked to contact the TA Travel Center at 585-599-4577 and to select option 4 if they purchased regular (87 octane) or mid-grade (89 octane) fuel at this station from April 6-7, 2022 and your vehicle required repairs. Proof of purchase and vehicle repair is needed to file the claim.

Burk: Planning board dates represent significant 'steps' toward completion of new Main Street 56 Theater

By Mike Pettinella

Just as in a dance recital or musical, executing all the “steps” properly are vital in the process of redeveloping existing space into an attractive public venue.

Patrick Burk, president, executive and artistic director of the Batavia Players, today said he understands the significance of the Main Street 56 Theater project reaching the planning board stage over the next week.

The Genesee County Planning Board will be considering the Downtown Revitalization Initiative site plan on Thursday night, and the City of Batavia Planning & Development Committee is on track to do the same on April 19.

“It's wonderful that we have a lot of people working on the project that, I guess I could say, know what they're doing,” Burk said. “I'm learning as we go and making sure that we keep putting one foot in front of the other, whether it's a big step or a small step. It looks like over the next week or so, we're going to be making some pretty big steps – moving forward to getting more of the construction work done.”

Batavia Players, Inc., was awarded more than $700,000 from New York State’s DRI and another $400,000 from the NY Main Street Grant program to transform space at the City Centre into a contemporary theater to showcase its productions.

“And we raised about $210,000 ourselves, and we're continually working to raise that that dollar amount even higher as we need it for the work that we're doing,” Burk said, noting that the project will cost in the $1.5 million range.

For the past 20 months or so, the troupe has been performing in a temporary space at the City Centre.

“We call it our backstage theater because we have so much space there that we're using right now,” Burk said. “We're performing in that space while the construction is going on.”

The Batavia Players presented Shakespeare in Springtime: Love’s Labour’s Lost in March, and will be presenting The Springtime Music Spectacular: Back on the Boards Again, a tribute to Stephen Sondheim, on April 22-24.

OPEN HOUSE SCHEDULED FOR APRIL 30

A special craft/vendor show, including a hotdog stand operated by the Batavia Lions Club, is set for 10 a.m. to 4 p.m. April 30.

“That’s when we will have our open house in the temporary theater space and in our dance academy,” Burk said. “We’re also going to be showing the space as it stands right now -- wherever they're at on April 30 -- so that people can see the development of the space. So, yes, we will be going into the construction space as well.”

As far as when the new facility will be ready, Burk said he hopes construction will be done by the Batavia Players’ Christmas show – Meredith Willson’s Miracle on 34th Street: The Musical – in early December.

For now, he said he’s excited that the project is in the hands of the two planning boards.

“I'm so thrilled that we're going to the county planning board because that's a big step. We have to have approval for that because we sit on a state highway. And our frontage is on a state highway and we're making quote, unquote, significant changes to that frontage,” he said.

Burk said the site plans and architectural drawings are “sitting there at City Hall, all set and ready to go.”

“We’re just waiting for these approvals, and we’re hoping that it moves forward as quickly as possible,” he said. “Once that step is done, it will be gangbusters, since we’ve been assured by our construction manager that it’s going to go pretty solidly and pretty quickly.”

More information about the Batavia Players can be found at www.bataviaplayers.org

Top: Architect's rendering of the facade of Main Street 56 Theater, the new home of the Batavia Players, which is under construction at the City Centre. Bottom: The way it looks now -- unfinished -- next to Genesee Dental along Main Street. Bottom photo by Mike Pettinella.

Assessor explains process to City Council in light of another year of increased property values

By Mike Pettinella

City Assessor Rhonda Saulsbury says she feels the pain of the many City of Batavia property owners who have been hit with higher assessments for several years in a row.

However, she’s not in a position to change what is happening due to New York State’s requirement that assessments are reviewed on a yearly basis and her office’s goal of achieving a 100 percent sale price-to-assessment ratio.

Saulsbury (photo at right) was at City Council’s Business Meeting tonight seeking to explain the inner workings of the assessment process in light of the numerous complaints she – and Council members – have received from city residents about the preliminary assessment notices that were mailed out last week.

Following up a comment by Council member Paul Viele, who called the state’s real property tax law “a disgrace,” Saulsbury acknowledged that the timing for yet another increase is not good.

“People are suffering; people are struggling with the pandemic, their finances, maybe their job, their children being home for so long – there’s so many things feeding into it, and I'm the one person that they can get a hold of and talk to,” she said.

“I do my best to explain it. We have New York State real property tax law for a reason. And unfortunately, New York State, as everybody in this room knows, is a heavy homeowner tax burden state. So, we have to follow those guidelines … It's kind of a vicious cycle for sure.”

In her 12th year as the city assessor, Saulsbury (who also handles the same duties for the Town of Batavia) said assessments change for only two reasons – equalization, meaning sale price-to-assessment ratios are growing apart, and for physical reasons, meaning something’s changed with the property, taken away or added.

“The culmination of a yearlong project is, of course, an assessment update,” she said. “And this year, we're in the thankless position to be in our fourth year in a row with really high increases across the board throughout the county, including the city.”

Saulsbury said the city started out at plus 4 – “meaning that our ratios were off 4 percent and above, four years ago,” she said – and it increased to plus 6 and eventually to plus 11.

“Just to kind of put that in perspective, in years’ past, the city was either zero or plus one,” she said. “The city's growth has grown exponentially over the last four years, which in itself is a good thing, but in my position, not a good thing.”

She said if property owners whose assessments have gone up decide to seek an informal review or appear at Grievance Day (May 26), she will explain, with current data, how she came to the assessment figure.

“For anyone who got an assessment increase, we can show you the five sales that we actually use for your home or your business,” she said. “It's not throwing darts at a dartboard as some people may think. It's actually quite a science and it's all based on our assessment-to-sale price ratio throughout the year.

“So, when you have 300 or 400 residential sales, in particular, and the sale price is 40, 50, 60, 80,000 dollars above the assessment, we then have to do an assessment project.”

Council member Robert Bialkowski asked that if sale prices dropped by 8 percent, for example, would that trigger another reassessment.

“It’s the same state guideline; we have to hit the same thing,” Saulsbury replied. “We have to maintain assessments at market value. We're at 100 percent market value, so if the sales actually were to dip – and most people don’t believe me – we would have to adjust to those, also. In our case, it has been up and we want it to be up or to be flat. I've never experienced anything where we had to reduce.”

Saulsbury said the state rewards the city periodically for achieving assessments based on 100 percent of market value, and expects to receive around $18,000 this year to help offset costs of conducting assessment projects.

Council member John Canale, who says he follows the real estate market on a daily basis, remarked that he’s not convinced that homes went up so much in value in one year.

“… people are calling me this year and saying, ‘I thought last year, you were up to 100 percent market value. I’m an intelligent man, you can't tell me that the housing market is going up that much more since 2021.’”

Still, he said he knows that Saulsbury isn’t the one to blame.

“You’re walking around with a target on your back right now. And I wouldn't want to be you. Unfortunately, a lot of people think you're the one that's making these decisions,” he said. “It’s very important that the public realize that no, you're basically the messenger. You’re hired to do a job and you're conducting the way you do your job by state requirements.”

Bialkowski said it comes down to “people don't trust the government anymore.”

“I have a friend, and on Saturday I met with him and he spent about 10 minutes just screaming at me,” he said. “He said, I’ll bet you $100 right now that you people don't reduce your budget enough that my taxes stay the same.’ And I said, ‘Well, there's three entities in here (Genesee County and the Batavia City School District being the others), you know, and I said we set our budget -- we're very conservative in the city and all that.’

“But I suppose there's other entities I'm not going to speak for, but they just lost trust in their government. And they've seen it and heard it before, and yet their individual tax bills keep increasing.

“And their homes. They need to do more work on them. And they need furnaces and new windows and all that. And they're starting to say, the guy the other day, it's starting to look really good (about leaving the state). He's going to move down south. He’s just fed up with the whole state and I can’t blame him.”

Previously: With property values rising, City prepares for annual assessments.

(This article provides information on how residents can challenge their assessments).

City historian reveals plan to present a play to highlight significance of the Brisbane Mansion at 10 W. Main St.

By Mike Pettinella

Updated: April 12, 10 a.m., with names of previous historians:

City of Batavia Historian Larry Barnes is going beyond the written word to illustrate the significance of the Brisbane family and the mansion at 10 West Main St. that has served as the community’s City Hall and, currently, as its police station.

Speaking at tonight’s City Council Business Meeting at the City Centre Council Board Room, Barnes (photo at right) said he realizes that Council members will want to hear from residents about the future of the Brisbane Mansion, which was completed in April 1855 at a cost of $25,000 (equivalent to $750,000 in purchasing power today).

“I know you will want them to be fully informed as you seek their input in the decision-making process,” Barnes said. “To help inform the public, I am working with the Landmark Society to present a play on the Brisbanes and their mansion. This play will be presented on three occasions in June and I encourage everyone to go see it.”

He said the Derek Maxfield, as associate professor of History at Genesee Community College and noted playwright, wrote the script. The cost of production is being underwritten by a grant through the Genesee-Orleans Regional Arts Council.

Dates, times and locations of the play will be announced, he said.

Barnes said the Brisbane Mansion is a building that deserves preservation.

“The mansion … was erected as the home of George and Sarah Brisbane. This structure is historically signficant both in terms of the building, itself, and in terms of the Brisbanes who occupied it,” he said. “When the police department moves to its new facilities (on the Alva Place parking lot), you will be responsible for deciding the future of the mansion. Will it be saved and, if so, what function will it serve?”

Last year, Barnes updated his brief history of the building – a six-page document that provides details of the mansion as published in The Daily News in 1917-18, its use as City Hall and of the key members of the Brisbane family.

Following Barnes’ five-minute address, Council President Eugene Jankowski Jr. reiterated the board’s support of “repurposing” the building due to its historical value.

Barnes said he “totally agrees” with that stance, but reminded Council that “we’ve lost some pretty incredible buildings” over the years.

In a related development, Council voted unanimously in favor of a resolution to compensate Barnes with a $5,000 annual stipend.

Over the past 13 years, he has done the job on a volunteer basis, just as the previous historians for the city have done since 1919. The one exception occurred in 1962 when the city historian received a $100 stipend, payable in two equal, semiannual installments.

A list of previous City of Batavia historians, as provided by Barnes:

-- William C. Coon, 1919-1953;
-- Georgia Northrup Foote, 1954-1967;
-- Mary McCulley (later Mary McCulley Henry), 1969-1970;
-- Ruth M. McEvoy, 1971-1985;
-- Mary McCulley Henry, 1986-1995;
-- Corinne Johnson Iwanicki, 1995-2007.

Ellen C. Ruffino served as an assistant historian from 1966-1968.

Other resolutions passed tonight:

  • Extending a contract for a School Resource Officer with the Batavia City School District for two more years, through June 30, 2024. Officer Miah Stevens currently has that position, which is paid for by the school district.
  • Creating a temporary full-time detective position in anticipation of the retirement of a detective this summer. The temporary post carries an increase in pay of $15,000 to cover the promotion.
  • Extending a contract with Client First Technology Consulting for six months at a cost not to exceed $44,600 for continued assistance with the city’s Enterprise Resource Planning system. The ERP integrates functions to ensure best practices, automated workflow and project management efficiency.

Photo of Larry Barnes by Mike Pettinella.

Dinner, dancing ... and an overnight stay may be in downtown Batavia's future

By Joanne Beck

If Yong Guang Ye gets his wish, the California businessman will more than double his investment at 40 Batavia City Centre.

Better known as the former JC Penney store in downtown Batavia, the property was purchased by Ye in February 2021. The price tag was $500,000. He has asked his realtor, Jonathan Maurer of Pyramid Brokerage Co. in Fairport, to list the site for sale at a cool $1.3 million.

Maurer has spoken with Genesee County Chamber of Commerce President Eric Fix and Business Improvement District Executive Director Shannon Maute about prospects for the site.

“I’m trying to understand what the community would want,” Maurer said Monday to The Batavian. “A hotel would be amazing … we’re pursuing a hotel; we don’t have any strong leads yet, it’s too soon to tell. The priority is to find the best use for the space.”

The selling price is not out of range given the open floor space, “which I think is a value, given the size of the building,” he said, plus a roof repair in progress.

The buyer is a commercial real estate developer, and does not own any other property in New York State, Maurer said.

Based on his talks with the county and downtown representatives, the first goal would be to renovate it for an event space, with the second goal being a downtown hotel. It has been “difficult to find the right user” so far, he said, due to the site’s limited visibility and entrance/exit set-up.

BID Executive Director Shannon Maute said she could easily see a boutiquey micro-hotel situated within the 38,584 square-foot building. This area is lacking a venue for conferences and special events, she said, and the property is zoned for all of that, including building on two additional floors.

It has often been said that Batavia is a perfect location for being in between Buffalo and Rochester, and Maute would like to capitalize on that. "If you had family in Buffalo and Rochester, Batavia would be the perfect place to have a wedding or an event," she said.

“There definitely is a need for that,” she said Monday. “We’re still open to any ideas, but the goal is for (Maurer) to have an idea of what the need is. We try to work closely together, and Eric agreed on what should and should not go in there. The city would have to weigh in on an idea.”

She would not elaborate on what they felt should not go into the site.

Fix was not available for comment. 

Previously: Vacant Penney building purchased by West Coast businessman

Photo by Howard Owens

State looks to slice 16 cents off a gallon of gas; counties not inclined to do so but Hawley says feds may step up

By Mike Pettinella

New York State lawmakers are close to an agreement to suspend a portion of gasoline taxes for the last seven months of this year, but similar action by most county governments doesn’t seem to be in the works.

“I know the state is looking at doing it, and they're doing it, but I don't anticipate too many county governments doing this,” County Manager Matt Landers said today. “I don’t know where Erie and Monroe (counties) stand on this.”

News out of Gov. Kathy Hochul’s office signals that the state will drop the price of a gallon of gas by about 4 percent -- approximately 16 cents per gallon of gas -- from June 1 through Dec. 31. On a 15-gallon fill-up, the savings to the consumer would be $2.40.

Landers said a recent informal poll of county administrators revealed that most were not looking at suspending their 4 percent (or so) sales tax from the price of gasoline.

“I don’t remember, specifically, which counties responded but all the ones that did said that was not something currently on their radar,” he said, while adding that a "discussion" about this subject with Genesee County legislators is likely to occur.

Sales tax accounts for a significant portion of county budgets. In Genesee’s case, sales tax proceeds are being earmarked for large capital projects, such as the construction of a new county jail.

The state tax break will reduce its revenue by about $600 million this year, but Hochul said that money received for pandemic relief and higher than anticipated tax revenue would enable it to handle the loss.

Reports indicate the state would suspend the 8-cent per gallon motor fuel tax and the 8-cent per gallon sales tax on gasoline.

State Assemblyman Stephen Hawley today said Republicans supported legislation to remove 33 cents from the cost of a gallon of gas, as well as state sales tax breaks on home cleaning supplies, clothing and food.

“With a $220.4 billion budget, we’ve got plenty of cash in a rainy day fund,” he said. “Some of what we proposed didn’t fall on deaf ears, but as far as I’m concerned, it’s not enough. We’ve got all kinds of surpluses, apparently, according to the governor.”

Hawley said he’s always been in favor of “giving that back to people so they can spend it in their communities, as opposed to sending it to the state where they can fritter it away.”

He added that the federal government is “going to be doing something as well – so, stay tuned on that.”

When asked if county governments should follow suit, he said they were given the opportunity, but understands municipalities’ reliance on sales tax to balance their budgets.

“That’s a large source of their revenue, so that’s not surprising at all,” he said.

Vacant Penney building purchased by West Coast businessman

By Joanne Beck



As the former JC Penney’s site, tucked on the northeast side of Batavia City Centre, has rested from its 44-year existence, a West Coast businessman purchased the building in February 2021. 

JC Penney closed its doors locally in the fall of 2020, in an onslaught of closings due to corporate bankruptcy proceedings. Batavia’s site then sat quietly as local shoppers mourned the loss of another department store. 

Meanwhile, Yong Guang Ye of San Jose, Calif., purchased the 38,524 square-foot site. According to Genesee County assessment records, Ye bought the building for $500,000 on Feb. 2, 2021. The property has been assessed at $400,000. 

Ye was contacted Sunday for comment by The Batavian. A representative of Ye’s from California returned the call inquiring if The Batavian was interested in purchasing the property, and it was explained that the call was for comment about the purchase. Ye has a local realtor whose name was to be provided to The Batavian but was not provided by the time of publication. 
 
JC Penney was built in 1978 along Alva Place and remained a strong anchor for the former Genesee Country Mall-turned-Batavia City Centre until its doors were permanently closed in late 2020.

Top photo: File photo of JC Penney during its going-out-of-business sale in late 2020. Photo by Howard Owens.

As summer approaches, families will have central place to find activities in Genesee County

By Joanne Beck

Imagine a place where Genesee County families could find a clearinghouse of details about summer activities for students. It would be a one-stop-shop for locating camps, dance classes, and various other activities with the dates, times, target age group, and registration information. 

Imagine no more, Community Schools Coordinator Julia Rogers says. Partnership Task Force — a collective offshoot of the Community Schools program — worked last summer to develop a list of priorities for the Community Schools Advisory Board. A key goal was to answer what would help to break down barriers for children and families, Rogers says.

“So as part of that work, it came out that we really needed a calendar for that, for families to see what was out there so that they could become engaged and see the opportunities that were in the community,” she said during an interview Friday with The Batavian.

The initiative began by reaching out to “anyone we could think of,” Rogers said, and casting a wide net to catch as many local camps as possible. Families were always having to go to all of the different sites — GLOW YMCA, Business Education Alliance, the City of Batavia as a few examples — and without a solid direction for where to go, they may have missed a registration deadline for a summer camp, she said. 

“So that was one of the things from the advisory board that they said would really help,” she said. “There's no one main housing place for all of the camps to be listed for parents to have easy access to. So the partnership task force looked at it and we started building it and reached out to anyone we could think of that had summer camps. There’s never been one of these in my lifetime.“

The calendar has all of the pertinent information and a link to access the organization directly for registration and class details. This is to reduce the steps parents have had to take in the past, she said and will have a larger, more inclusive offering of the myriad activities happening in the county.

Once families began responding to the summer calendar idea, the task force expanded that to include year-round activities, such as GO ART’s creative camp for April break, which for city students begins Monday. 

“So we've expanded it even before we could publicize it that it's going to be for all days of the year,” Rogers said.

Not only will this clearinghouse help families with their future planning, but it can also assist organizations with scheduling events by being able to have a big picture of what’s going on throughout the year, she said. So if July seems particularly flush with camps, an agency may opt to schedule something for August or another time of the year when there isn’t as much going on. 

She urges parents not to print out the calendar, as it’s a fluid document that is constantly changing with updates of added events. The task force will eventually conduct a needs assessment to find out if all of the bases are covered, or if there’s still something that students and families would like, she said. 

“We want to know what can we do to help kids be successful,” she said. “And we’re working with the health department for its community needs assessment.”

Community Schools is already planning an upcoming event to help meet the financial, physical, social, mental, and emotional needs of city school district families. A wellness fair has been scheduled from 10 a.m. to 2 p.m. on April 30 at the Robert Morris building at Union Street and Richmond Avenue. More information will be provided as details are confirmed, Rogers said.

For more information about the calendar, go to: https://www.bataviacsd.org/page/community-schools-home-page

For questions or additions to the calendar, email Rogers at: jrogers@bataviacsd.org

Photo: Partnership Task Force members Kelly March of Richmond Memorial Library, Julia Rogers of Community Schools, and Jaylene Smith-Kilner of Habitat for Humanity get ready for summer with a newly launched online activities calendar. Other members not pictured are Bill Schutt of Genesee-Orleans Youth Bureau, Shellye Dale-Hall of GCASA and Charitie Bruning of YMCA. Photo submitted by Batavia City School District.
 

Legislature to vote on hiring Albany-based lobbyist to help in the search for Phase 3 water funding

By Mike Pettinella

Genesee County is turning to a familiar face, so to speak, to help in its quest to attract outside funding for Phase 3 of the Countywide Water Program.

At its meeting scheduled for 5:30 p.m. Wednesday at the Old Courthouse, the county legislature will consider a resolution to contract with Sheridan Hohman & Associates of Albany to provide strategic counsel and governmental relation assistance at the state level for the remainder of the year at a cost of $2,000 per month.

County Manager Matt Landers said the expenses, totaling $18,000, will be covered by the Water Fund.

“We believe the assistance of a lobbyist that will focus on relationships with the state (agencies and leaders) will be helpful,” Landers said. “This firm has worked with us in the past through NYSAC (New York State Association of Counties).”

Landers and County Engineer Tim Hens, at a Feb. 23 meeting with Congressman Chris Jacobs, reported that it will cost around $85 million for Phase 3, which would bring another six million gallons of water per day into the county and eliminate the need for the aging City of Batavia water plant.

The county already has spent $20 million for Phase 1 and $23 million for Phase 2. The price tag of a fourth phase, down the road, is estimated at $50 to $60 million.

At that time, Legislature Chair Rochelle Stein asked Jacobs and his staff to explore federal funding options, noting, “We’re at a point now where we can’t manage it on our own.”

In a related development, the legislature also will consider rescinding an intermunicipal agreement with the Town of Alexander regarding improvements of that community’s Water District No. 6.

Apparently, Hens and County Compliance Officer Pamela LaGrou agree that changes need to be made in the pact that calls upon the county to use part of the American Rescue Plan Act funding it has received in order to comply with ARPA regulations.

Hens said a new resolution will be drafted and presented to the Public Service Committee on April 18. The county will save $3.3 million in interest on this Phase 3 project by utilizing ARPA money.

The project focuses on increasing storage capacity, with construction starting next spring, Hens added.

Other resolutions of note on Wednesday’s legislative agenda:

  • Per an unfunded mandate from New York State Board of Elections, the purchase of a $40,000 ballot scanner to tabulate scannable absentee ballots and merge those results with early voting and election day results, as well as spending $2,500 for staff training. Deputy Republican Commissioner Melissa Gaebler said the equipment has to be operational by the June primary.
  • A request from the Rotary Club of Batavia to conduct its Fly-In Breakfast at June 19 at the Genesee County Airport on Saile Drive. The service organization would be using the facility from June 17-21 for preparation and clean-up.
  • A public hearing for 5:30 p.m. April 27 at the Old Courthouse on the county’s submission of a Community Development Block Grant application from the state Office of Community Renewal to assist La Fermiere Inc. in the development of a yogurt and dessert production facility at the Genesee Valley Agri-Business Park on East Main Street Road.

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