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Grand Jury Report: Woman accused of presenting forged vaccination card to employer

By Howard B. Owens

Stacey A. King is indicted on counts of criminal possession of a forged instrument in the second degree and falsifying business records in the first degree. King is accused of presenting a forged COVID-19 vaccination record to her employer in the City of Batavia on Oct. 1, 2021.

Katherine J. Briggs is indicted on one count of criminal contempt in the first degree. Briggs is accused of violating an order of protection on July 27 at a location on South Main Street, Batavia.

Martin P. Macioszek, II, is indicted on one count of grand larceny in the third degree.  Macioszek is accused of stealing property with a value greater than $3,000 from a location in the Town of Batavia between May 2020 and September 2020.

 

Thanksgiving Community Free Skate sponsored by Kiwanis returns Thursday

By Press Release

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Press release:

Kiwanis Club of Batavia will be hosting its annual Free Thanksgiving Morning Community Skate on Thursday, Nov. 24 from 9 to11 a.m. at the David McCarthy Memorial Ice Arena on Evans Street in Batavia.  Admission and skate rentals are free (while supplies last).  There will also be free hot chocolate.

Kiwanis Club of Batavia is thankful for the local community’s support of their fundraisers.  It’s through their fundraisers that events such as this can be provided for the children of Batavia and surrounding communities.  Please come out and enjoy this free event! 

Photo: File photos by Howard Owens from 2015

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Master Gardners announce gardening book sale

By Press Release

Press release:

The Genesee County Master Gardeners will be holding a book sale, from Nov. 21 through 23.  The gently used gardening book sale will be held in the CCE Office board room at 420 East Main St, Batavia.  Hours for the book sale are November 21st and 22nd from 11 am to 4 pm and November 23rd from 11 am to 3 pm.

We have a variety of gently used gardening books on a wide range of topics, including houseplants, container gardens, perennials, herbs, vegetables, trees, shrubs, general gardening, ponds, wildflowers, garden-related crafts, garden decor and the history of gardening.  You might even find some vintage garden books.

Please bring your own bags to take your treasures home.  Stock up for some winter reading or look for some great gifts for that gardener on your list.

The Master Gardeners are also collecting NEW, unwrapped books for the Toys for Tots Literacy program.  Consider donating a new book for youth ages preschool up to 18.  Books can be dropped off until Dec. 5.  Books enhance a child’s ability to read and to communicate effectively.  A gift of a new book delivers a message of hope and instills self-confidence to children in need.

The Genesee County Master Gardeners thank you in advance for your support.

Revisions needed for Civil Service exams, city officials say

By Joanne Beck

There are vacancies in the three major city departments of police, fire, and public works, plus several unfilled openings throughout the Genesee County municipality.

While county officials have waived Civil Service exam fees, expanded residential limits, and worked with certain occupations to establish more flexible workplace options, there are yet other issues at play in having employee gaps, city officials say.

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It’s not just a lack of qualified candidates that keeps these jobs unfilled, but also about how Civil Service works, City Manager Rachael Tabelski says.

“When you hire, there’s a rule of three: you can only look at the top three in the bracket,” she said during an interview this week. “The New York Conference of Mayors supports expanding it.”

If that limit of three could be expanded to five, that would obviously widen the pool of eligible candidates, she said. Police Chief Shawn Heubusch agreed. He would also like to see additional revisions to how Civil Service testing works.

The New York State Association of Chiefs of Police is working with the state Sheriff’s Association to bring about a change in the Civil Service rules “that make hiring minority and underrepresented persons difficult,” Heubusch said.

“Our organizations, jointly, will be requesting that Civil Service be reformed to allow for a Pass/Fail test, for the State to deliver testing more frequently and to see faster turn-around times in terms of scoring for them,” Heubusch said. “Change to the police officer physical agility testing requirements to be job-based as opposed to the antiquated standards that exist. We would also like to see more uniformity across the state in terms of how the rules are applied.”

For example, in one part of the state, Civil Service commissions will deliver the test on an annual basis, while in other parts, it is given every two or even four years, he said.

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“We feel that these changes will allow departments to hire a more diverse workforce that is reflective of our communities and speed up the time from which a person takes a test to the time they are hired — sometimes more than two years currently,” he said.

Another delay in filling positions in the police and fire departments, she said, is the training time required in academies after a good candidate is hired. 

“It can take six to 12 months,” she said.

And that’s after an extended period due to Civil Service protocols.

“The law really does hinder our ability to hire qualified candidates,” she said.

A Civil Service reform bill (below) has been approved by the Senate and Assembly, and has been forwarded on to the governor’s office for final approval, she said.

Reform the Civil Service Law

Municipalities are always looking for innovative ways to effectively manage their workforce. Unfortunately, in many instances, they are restricted by arcane Civil Service rules. The Civil Service Law should be amended to grant local officials an appropriate level of flexibility in hiring and workforce management decisions. Specifically, NYCOM supports the following reforms:

  • Expand the number of eligible employees for appointment to a Rule of 5;
  • Authorize procedures whereby a provisionally hired employee can transition to a permanent appointment if an exam is not offered within a certain period of time;
  • Classify all part-time positions as non-competitive by operation of law instead of by local rule;
  • Require continuous recruitment whenever possible; and
  • Allow out-of-title work in a declared state of emergency.

Reforms to the civil service appointment process would be especially helpful in the hiring of police and fire chiefs, water and wastewater operators and other highly technical positions of employment where there is a limited supply of qualified candidates.

 

Former and new Chamber of Commerce presidents give a nod to merging footsteps

By Joanne Beck

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Tom Turnbull had déjà vu Thursday at Terry Hills in Batavia.

The formerly retired president and current interim president of Genesee County Chamber of Commerce didn’t think he would again be front and center at the agency’s annual meeting. Turnbull stepped in earlier this year for Erik Fix when he left the position to become assistant manager for the city of Batavia.

“It’s been a lot of fun,” Turnbull said Thursday to the room of attendees. “Now first thing that comes to mind from this year was the Chamber's 50th year anniversary … those of you that don't know the story, the Batavia Chamber of Commerce and the Leroy Chamber of Commerce merged in 1972, and they were smart enough to merge two chambers to make it not just the Batavia-LeRoy Chamber of Commerce, but a county wide Chamber of Commerce, and it was a great move, and that happened 50 years ago this year.”

He reminisced about the three celebration events the Chamber hosted, including an open house at the Chamber office on Park Road; a founding fathers reception with John Dwyer and Jim Benson representing the Batavia and Le Roy chambers, respectively; and the annual chamber awards dinner.

Other events have been an agricultural dinner; a popular Batavia-based Home Show; a golf tournament; ribbon-cuttings and welcomes to new businesses; and a monthly podcast.

“Obviously, these last two years have been a challenge for tourism, with the pandemic. But our staff has been very creative. And they’ve done a very good job and had to change their strategy a little bit for the past couple of years,” he said. “And this year, this is just an example of one of the things they did, we can't focus on international, or even our Canadian travelers, for the last couple of years, so we had to focus on more local, more day trip type of people that were coming into the county. And the dining guide was part of that. So we did a giant dining guide promotion and a lot of different portions of what's going on in the county.”

Those efforts seemed to pay off. Each household in the county would need to be taxed an extra $600 to replace the visitor-generated taxes received by New York State and local governments in 2021, he said. From lodging — at $17 million— to food/dining, retail and tourism payroll at $48 million, $16 million and $62 million, respectively — visitors will have brought an estimated $184 million to the county this year, he said.

As for business news, Quality Inn has been purchased and will be replaced by Holiday Inn and Candlewood Suites, he said. A $12 million renovation will re-open the site with a revamped hotel and Palm Island waterpark, he said.

“We have a lot of great hotels in this area. But that's really been the flagship hotel, and I think with the Palm Island, it's really important that that busy building doesn't stay there empty,” he said. “I think it's going to be really good for the community when they get better.”

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He switched gears a bit from the work of the Chamber to the people of the Chamber, including veteran staff members Kelly Bermingham, and Kelly Rapone. He also introduced newly hired president Brian Cousins, who lives with his wife Cherie in Corfu.

“I think one of the things that we're really looking forward to next year is new leadership,” Turnbull said. “Brian Cousins is currently the director of accommodations at Six Flags, with over 25 years of dedication to helping families have fun and create lifelong memories. Holding various roles in marketing operations, entertainment and accommodations has provided him with a wide variety of skill sets throughout the hospitality, tourism and theme park industry.”

A humble Cousins admitted that Turnbull was a hard act to follow. The incoming president is looking forward to this opportunity with the chamber and Genesee County, he said.

“I’ve lived here for a very long time with my wife, over 25 years, we've lived in the county and it's been great. I look forward to meeting everyone as much as I possibly can,” Cousins said “I’m very humbled and very honored to be able to follow Tom's footsteps.”

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Top Photo: Interim Chamber of Commerce President Tom Turnbull looks back over the past year during the agency's annual meeting Thursday at Terry Hills in Batavia; newly hired President Brian Cousins says a few words about his new role and the future; and Turnbull shows several photos of past community events. Photos by Howard Owens.

Law and Order: Batavia woman accused assaulting, abusing young child

By Howard B. Owens
Deborah Gorton

Deborah C. Gorton, 25, of Overlook Drive, Batavia, is charged with assault 2nd, aggravated sex abuse 2nd, and endangering the welfare of a child. Gorton is accused of assaulting a child and of sexually abusing the child. The child is reportedly less than seven years old. There were allegedly multiple incidents. Gorton was arraigned in the Town of Batavia Court and released on her own recognizance in accordance with New York's bail law. She was scheduled to reappear in court at a later date.

Brian Stover, 52, of Edward Street, Newfane, is charged with grand larceny 4th. Stover allegedly stole merchandise valued at $1,042.48 from The Home Depot in Batavia. 

Amari Chantelle Glass, 22, of East Water Street, Elmira, is charged with criminal trespass 2nd. Glass is accused of trespassing at Genesee Community College on Nov. 17 at 5:33 p.m. after previously being banned from the campus. She was released on an appearance ticket.

Photos: Batavians got busy this morning clearing snow

By Howard B. Owens

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Dan Maxwell, outside Sacred Hear at Summit and Swan Street, was shoveling snow this morning, like a lot of Batavians were doing today after about a foot of snow fell overnight. 

A Winter Storm Watch remains in effect until 1 p.m. on Sunday.

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Shalana Thomas shovels snow on Jackson Street while Trey Odom plays in the snow and Zuri Odom helps with the shoveling.

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John Roche outside his store, Adam Miller Toys and Bicycles on Center Street.

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Alex Bedford on South Swan.

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State of Emergency declared as city, county and state leaders prepare and brace for predicted storm, commercial traffic banned on parts of Thruway

By Joanne Beck

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Genesee County has gotten some attention from the Department of Homeland Security due to a severe weather watch for the next few days.

Department Commissioner Jackie Bray was heading this way to work alongside the county’s Emergency Management Services team, Legislature Chairwoman Shelley Stein said Wednesday evening.

The commissioner — whose most recent Twitter posts include news that Governor Kathy Hochul declared a State of Emergency -- planned to be embedded with county workers throughout the weather event, Stein said. Hochul's declaration Thursday morning was for 11 counties in New York predicted to be impacted by heavy lake effect snow.

The counties include Genesee, as well as  Cattaraugus, Chautauqua, Erie, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence, and Wyoming. As of 4 p.m. Thursday, all commercial traffic had been banned on multiple state roads and state Thruway I-90 from Exits 46 to 61.

Citizens are to brace for the most heavy accumulations of up to four feet of snow in the Buffalo area. Hazardous travel conditions and local power outages may occur as a result of the combination punch of snow and wind that's been prevalent in weather forecasts. Hochul has urged New Yorkers to stay alert and avoid unnecessary travel Thursday evening (tonight) and Friday.

Several people have been dispatched to combat the elements, including 70 operators, seven supervisors, four equipment operator instructors, four mechanics, one operations manager and one support staff in the Western New York region, the press release stated.

The City of Batavia is prepared, Manager Rachael Tabelski said, and she has been talking with police, fire and public works departments, and county, utility and state leaders all day to ensure storm protocols are in place. Tabelski was glad to see that state roads and the Thruway are being partially shut down early as a proactive measure.

"I think shutting down truck traffic early is very helpful ... and rerouting trucks -- We just want to keep as many arterial roads open as we can," she said Thursday afternoon. "We will be determining early in the morning if we will close City Hall. We're hoping to remain open to serve all of our residents."

During talks with municipal leaders, Tabelski was reminded that commercial trucks that use the Thruway and other major highways have gotten stuck idling during intense storms, and that makes it nearly impossible for snowplow operators to do their jobs and clear snow. Rerouting that traffic well before a storm hits was a good move to help alleviate that issue, she said. 

All major department personnel from the police, fire, public works, snow removal and water and sewer plants will remain open Friday, but the mall market slated for Saturday has been canceled, and the Yard Waste Station will be closed this weekend as a precautionary step, she said. 

"I'm not saying we're rusty, but it's our first snowstorm (this season); we've got a great team in the city and county," Tabelski said. "Stay safe, stay home, use your generator outside and not inside, don't use stoves to keep warm, make sure you've got batteries ... don't light candles inside. We feel as prepared as we can be for one of these events."

As for feeling confident that a storm of the predicted intensity -- with quantity and speed of potential snowfalls -- Tabelski couldn't commit to that. "We just don't know," she said. But, per the popular adage, it's better to be safe than sorry.

She also wanted to extend a "thank-you" to those city, county and state employees that are out there in the middle of the night plowing and clearing roadways "so that we can live our lives" and remain safe.

Batavia City School District and all after-school activities will be closed Friday, Superintendent Jason Smith said. The Batavian will be publishing an ongoing list of closures and cancellations as they are received.

So hunker down, snuggle up, and get ready for some wintry weather to safely endure from inside.

File photo of January's snow clean-up, by Howard Owens.

Proposed new Tractor Supply off Lewiston Road part of bigger development plans for the area

By Howard B. Owens

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The Town of Batavia Planning Board voted unanimously on Tuesday night to appoint itself the lead agency in the environmental review process for a new Tractor Supply location at 8727 Lewiston Road.

Tractor Supply is planning a 24,000-square-foot building to replace its current store at 4974 East Main Street Road.

Not only will the new location be larger, but Tractor Supply will also own the land and building.  The company leases the current location.

"The main effort is to expand into a larger space and be an all-inclusive store that competes more with The Home Depot, Lowes, and those types of stores," said attorney Ryan McCarthy.

Real Estate broker Tony Mancuso said previously that he has potential tenants already considering the former Tractor Supply location, so it may not go vacant long.

The current location is owned by 1515 Management Company Inc., which appears to be a company based in Iowa with principles living in Boca Raton, Fla.

Tractor Supply is acquiring 5.08 acres, a portion of a 50-acre farm field owned by the Call family and actively farmed by MY-T Acres.  The five acres will be divided into four parcels.

Tractor Supply will occupy a parcel 340 feet from Lewiston Road.  There will be another parcel between that parcel and Lewiston Road.  It's expected that the parcel, zoned commercial, will be developed at some point, as well as the other two parcels being acquired by Tractor Supply, but there are no firm plans for development at this point.

The new location will have 110 parking spaces, which is 10 fewer than required by ordinance, which means Tractor Supply will need to apply for and receive a zoning variance.

McCarthy said Tractor Supply, which operates nationwide, knows the flow of its business well, and the store will not need 110 spaces, which means less land to cover with asphalt.

Plans to convert the farm field into commercial development have been on the books for more than 20 years. As part of the project, Tractor Supply will start construction of a road -- initially a driveway into the new store -- that will eventually connect Lewiston Road to Veterans Memorial Drive on the north side of The Home Depot.

A planning board member asked if it will be necessary to install a traffic light at the new road and Lewiston Road, and Mancuso said, "not yet."  Not until a planned roadway is installed directly opposite the location that will connect Lewiston Road with West Main Street Road.  That vacant land, in the town's Comprehensive Master Plan, is designated for commercial development.

The proposed project will be back before the board in a month when the board will review the environmental impact report.

Law and Order: Jail inmate accused of violating order of protection five times

By Howard B. Owens

John Sumlin, III, 43, of West Main Street Road, Batavia, is charged with five counts of criminal contempt 1st. Sumlin is accused of violating an order of protection by contacting the protected party by telephone while being held in the Genesee County Jail.

Ronnie K. Johnson, 52, no permanent address, is charged with grand larceny 4th and burglary 3rd. Johnson was arrested on a warrant stemming from a criminal complaint reported at 7:15 a.m. Aug. 2 at a location on East Main Street. He was arraigned in City Court and ordered held in the Genesee County Jail. He is also charged with grand larceny 4th and conspiracy 5th, charges that stem from a criminal complaint filed on Aug. 19 at a location on East Main Street.

Nicholas J. Mruczek, 39, of Batavia, is charged with harassment 2nd. On Nov. 6 at 9:45 p.m., Mruczek allegedly physically harassed a woman during a dispute. He was issued an appearance ticket.

Benjamin A. Boyce, 41, of Batavia, is charged with dog running at large. Boyce is accused of allowing his dog to run at large at 8:35 p.m. Oct. 31 on Woodrow Road, Batavia. He was issued an appearance ticket.

William J. Galliford, 62, of Bergen, is charged with failure to appear.  Galliford was arrested on a warrant and arraigned in City Court and released on his own recognizance.

George J. Budzinack, 42, of Rochester, was arrested on a bench warrant after allegedly failing to appear in court as ordered. He was arraigned in City Court and released on his own recognizance.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is arrested in connection with a disturbance reported at 7:04 a.m. on Oct. 21 on Shady Lane in the Town of Batavia.

Connor Jenkins Rombault, 25, of West Avenue, Brockport, is charged with DWI, moving from lane unsafely, and speed not reasonable nor prudent. Rombault was stopped at 10:09 p.m. on Nov. 11 on Lake Street Road, Le Roy by Deputy Mason Schultz. Rombault was processed at the Genesee County Jail and issued an appearance ticket.

City Centre by design: taking new approaches to an old structure

By Joanne Beck

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Four designs for entryways into Batavia City Centre were unveiled this week to mall merchants and City Council members.

The designs vary from one another at each of the four locations — including near the former Sunny’s, Hawley Insurance, and Le Beau Salon.  One design builds on the red brick exterior with doors and windows to let in the sunshine; another one leads into a glass vestibule and has a large hanging basket of flowers nearby; a third one features multiple hanging flower baskets with a sloping structure above it, resembling a slight roller coaster effect; and yet another entrance goes a bit wild with low maintenance greenery, and a bench.

Craig Jackson of Batavia Stagecoach Florist spoke on behalf of fellow merchants.

“They thought it looked pretty good,” he said. “The one near Sunny’s is a little fancier. It’s a fairly decent design of entryways to make the place look a little better.”

There was also some relief that there would be no more silo-style entrances, he said. Silos were originally built as separate areas from the mall, and they have collected a lot of water spots and damage over the years from a poorly designed roof.

"Basically, you're seeing a design still with a vestibule, but a very welcoming entrance into the space,” City Manager Rachael Tabelski said during City Council’s meeting this week. “Hunt Engineers has been working on this for the last six months.”

As soon as Hunt finalizes the design and related documents, the project will be put out for bid, she said.

“Ideally to begin by spring,” she said.

The city has $1 million of grant money set aside for the project.

"Right now, we believe that the entire million dollars will be dedicated just to redoing the silos at this point with construction costs. But we want to put in some other alternates in the project such as flooring and painting," she said. "The existing mall maintenance crew has been taking down ceiling tiles, and we're looking to see if we can repaint those ceilings similar to what we did here at City Hall. So just multiple different ways to spruce up City Centre." 

Aside from new ideas for mall facelifts, city officials have been trying out a mall market on select Saturdays. They are encouraged by the gradual increase of vendors and foot traffic. Jackson has noted an uptick of customers during these Saturday mornings, he said.

“I’ve gotten more traffic in the store because of it,” he said. “It has brought people in here on the weekends … about 10 to 15 more customers and they're buying things, that’s good for us.”

Current mall maintenance staff work on Saturdays, and are available to assist vendors with set-up, Tabelski said. There has been no overtime so far, and the whole market idea is “a beta test,” she said, which is an opportunity for real-time vendors and shoppers to use the market and test it out to uncover any issues before more fully launching it.

Vendors bring in their own tables and supplies, and the concourse can accommodate up to a 10-foot-high truck of goods to fit inside if necessary.

“We think it’s going well, we definitely want to see more activity with vendors and shoppers,” Tabelski said.

The next market is scheduled from 8 to 11:30 a.m. this Saturday, and nine vendors are registered to participate. Vendors include the core staples of Porter Farms, Tastefully Simple and Garner Farms, plus Dilcher’s Concessions, Gracefully Designed, Flint’s Maple, and Wright’s Homestead.

The market is also scheduled for Nov. 26, Dec. 10, and Dec. 17.

For those people that have criticized the city for putting any more money into City Centre, Tabelski said it makes no sense to do otherwise.

“We have a very large space in our downtown, whether we agree with how and why it got here. There is no value for doing nothing,” she said. “The merchants deserve a whole lot of respect from the community. They are offended when people say ‘just tear it down.’ We need to be creative with small programming.”

Those merchants — property owners within City Centre — have invested their lives and livelihoods into that space, she said, and the city needs to invest as well. Second-floor apartments are “a complete option” as a way to repurpose the mall building, and potentially “get the property back into private hands,” she said.

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Renderings of City Centre entrance designs courtesy of City of Batavia.

Graffiti at City Hall case has been turned over to DA for potential charges

By Joanne Beck

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A case involving chalk drawings on the exterior of City Hall has been referred to the Genesee Coumty District Attorney’s Office, Police Chief Shawn Heubusch says.

Stemming from an Aug. 8 graffiti spree in which the brick columns, doors and sidewalks were marked with about a dozen crude pictures, city police have investigated the matter, Heubusch said, and are now waiting to hear if “any criminal charges are applicable,” he said in response to The Batavian’s request for an update.

The drawings, thought at the time to be “anti-ReAwaken Tour” depictions that rejected hate and fascism, were discovered after a City Council meeting that ended around 8:45 p.m.

City Manager Rachael Tabelski and Public Works Director Brett Frank, along with city police officers, then inspected the building’s exterior to find out how much graffiti was done.

Police had also checked the surveillance cameras, and “videos have been accessed and watched,” Tabelski said.

“It’s still a continuing, ongoing investigation,” she said Tuesday. “I am hopeful it will lead to an individual, or individuals, being held responsible for defacing public property.”

At the time, police said the person responsible will face a charge of criminal tampering, a class B misdemeanor. The City of Batavia was going to keep track of the cost of the cleanup and submit an amount to the police for the case.

File Photo of graffiti drawn in August at City Hall by Alecia Kaus.

Batavian hired by Tompkins Financial Advisors

By Press Release

Press release:

Tompkins Financial Advisors in Western New York, based in Rochester, has added Batavia native Margaret Brown as a wealth advisor. In this post, Brown is responsible for building and maintaining client relationships, as well as lending expertise through executive financial planning, wealth management and estate planning.  

“Over the last 20-plus years, Margaret’s experience in wealth management, along with consulting and educating professionals and leaders, makes her a superb asset to the company and its team-based approach to client service,” said James Sperry, Tompkins Financial Advisors senior vice president and managing director for the region. “We know she’ll continue to grow in this role.” 

Prior to joining Tompkins Financial Advisors, Brown served as a vice president and financial advisor at Citizens Securities. She has her Financial Industry Regulatory Authority (FINRA) series 6, 7, 63 and 66, along with Securities Industry Essentials (SIE) and Life & Health licenses in various states and is currently completing her Certified Financial Planner (CFP) certification.   

Brown is actively involved in her community and volunteers alongside her family at Bethel Express, a Rochester-based youth ministry.   

No to brew pub but yes to restaurant at Harvester Center, plans are also in the works for a commercial kitchen

By Joanne Beck

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As property manager, Jarrod Clark has really taken the Harvester Center under his wing.

After all, he discovered that his family four generations ago once owned and sold the property to Johnson Harvester, and how rich it has been with successful incubator business start-ups and well-known products, including Massey Harris farm equipment and Melton shirts.

“It’s kind of gone full circle for me,” Clark said after Tuesday’s Planning & Development Committee meeting. “It bleeds history.”

Fairly soon, it might just be brewing beer — as in locally produced brews in a tasting room and an adjacent small restaurant. He was representing Bill and Michelle Snyder, owners of Windy Brew in Strykersville, who want to open a similar site at 56 Harvester Center.

“It’s not going to be a huge facility,” he said. “It probably would seat 20 to 25 at the bar, and another 10 to 15 at tables, and everybody is drinking their beer and eating their pizza and pretzels.”

Originally proposed as a brew pub, the owners had applied for a special use permit. However, they quickly changed course after the committee informed Clark that a pub wasn’t allowed in that zone, but that a restaurant was allowable, and beer could be served there.

Windy Brew produces beer that will be available, along with other New York State brews and possibly wine, at the Batavia location, Clark said. Someone who he won’t identify just yet has also expressed interest in opening a commercial kitchen adjacent to the Snyder’s property.

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“There would be room for multiple different users. So there'll be some lockers and stuff in there. There might be some seating as well. The idea is, we're really lacking a bakery in Batavia. So we're trying to find somebody that would be willing to operate a bakery out of there,” he said. “Primarily, we have a big Italian heritage here, where are you going to buy fresh Italian bread? So you're getting it shipped in from Rochester and dropped off at Southside Deli. So that would be a huge benefit … and cookies, pastries, things like that.”

“I think it’s going to be great for our building,” he said. “We both (the anonymous tenant) want to see it succeed. My goal is to get like-minded people there.”

One of the Center’s best-kept secrets is that it houses 75 business tenants that manufacture and/or sell products and services. The Snyders were “ecstatic that they don’t need a special use permit,” he said, and are shifting plans immediately. He and his other future tenant should be disclosing their plans in the next few weeks.

“For the last eight to 12 months, we’ve been looking for people in an operation or looking to do this,” he said. “There is a need for this. It’s the community driving what’s needed; many people are wanting to open a kitchen.”

Food trucks would be able to use the communal kitchen for food prep before loading up and going on the road to sell items, he said, and there are those types of mobile businesses that would benefit from such as operation.

After all, it’s costly to operate a bakery — early morning work hours, utilities, inventory, finding good recipes and people experienced in baking, plus maintenance of bathrooms. It would hinge on a kitchen set-up, he said.

“So when you have some networking and some people that you're working with, and you have other people coming in that may be visiting some of the other kitchens, you have an outlet of selling your product,” he said. “It’s not all on you. You're not the only one paying the gas bill, you're not the only one paying the electric bill. So the idea would be to get some sort of a house tenant that's a bakery and then possibly add three or four food trucks in there. And there should be enough room where there could be maybe a small Mexican takeout only or an Italian restaurant.”

Admittedly, the building — quite large with many compartments and business ventures, and a bit difficult to navigate  — can be a confusing concept for folks, Clark said.

“So it's not unlike this building to do new and different stuff that nobody's seen or heard of before,” he said, referring to the latest building applicants. “They kind of really fit us well. And we're willing to work with people that kind of look outside of the box.”

File Photo of Harvester Center on the east side of Batavia, and photo of Jarrod Clark from an online site.

Fair warning: most farm animals will be illegal in city limits

By Joanne Beck

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City residents who own the breeds of farm animals listed on the newly adopted ordinance are being given a six-month grace period to find new homes for them, City Manager Rachael Tabelski says.

City Council approved a revised local law Monday evening that prohibits any city resident from owning, possessing or harboring the following farm animals:

  • Cloven-hoofed
  • Cattle
  • Horses
  • Sheep
  • Goats
  • Pigs
  • Swine
  • Llamas
  • Alpacas
  • Ducks
  • Turkeys
  • Geese
  • Ponies
  • Donkeys, Mules

Exceptions include being allowed to have a maximum of six chickens, as long as they are penned and maintained appropriately, with no accumulated feces, odors or related mess; special events with prior approval of an event application; and animals in transit to or from a veterinary facility or other destination out of city bounds.

“This ordinance shall take effect immediately after the date of passage and in accordance with law,” it states. “Residents with existing animals that are now regulated will have a six-month grace period before enforcement action will be taken.”

Since the city doesn’t have enough staff to physically check out every residence in the city, this ordinance will be enforced based on complaints about alleged offenders.

The resolution initially included feral cats on the list. However, a public hearing about the law brought out about 15 people to speak about that inclusion. Council members agreed to table a prior vote to further discuss the cat situation. The group later removed feral cats from the list.

 “So yes, it does not restrict feral cats in any way,” Tabelski said Tuesday. “The folks who came in to discuss feral cats were extremely informative. And I was glad to hear that they're still out there working in our community, and have plans to address any type of cat colonies and cat communities.”

During the meeting, advocate Todd Vaarwerk spoke on behalf of Independent Living of the Genesee Region and those with service animals. He noted that the resolution had not changed other than excluding cats, and was concerned that ADA rights were going to be violated.

“I implore you one last time to fix this error,” he said.

Anyone with a certified service animal who is protected by federal Americans with Disabilities Act stipulations will not be affected by the local law, City Attorney George Van Nest said during the meeting.

If someone complains about a neighbor, and that person has a documented service animal, the city’s code enforcement staff will verify it before issuing any penalty.

“We will be relying on any type of complaints to look and see if there is a violation and go from there,” Tabelski said. “There's other federal laws that supersede our ordinance, such as the ability of residents to have support animals, and we'll certainly understand and take that into consideration upon responding to any type of complaints.”

To read the resolution, go HERE.

Photo submitted of goats in the city that were part of a neighborhood's complaints to City Councilman John Canale, who brought the issue to council earlier this year.

New sculptures outside GO ART! emphasize art and shared humanity

By Howard B. Owens

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It says right on the building, "Arts Council," but GO ART! Director Gregory Hallock has been concerned that people don't realize that Seymour Place at 201 East Main St. is a place anybody can come in and see art.

"I think a lot of people don't see our sign, and a lot of people still think we're a membership club," Hallock said. "Yes, we have members but you don't have to be a member to come in."

His solution: Install some works of art -- in this case, sculptures -- in the garden plots in front of the red brick building at the corner of East Main and Bank streets in Batavia.

Hallock and the GO ART! staff had become familiar with the work of Bill Schutt from his showing at the Ramble, what's on display at Eli Fish Brewing Co., his entries into an art competition there, and knew he worked in metal, which seemed like the perfect medium for sculptures placed outside the building.

It might come as a surprise to some that Schutt is an artist.  The Basom resident has been a volunteer firefighter for 32 years and spent a dozen years working for either Genesee County Emergency Management or Mercy EMS.

He often tinkered around the house, working with metal, installing bookshelves or other useful items for the house, often embellishing whatever he made with artistic touches. A few years ago he became inspired to make sculptures using scrap metal on his property.

He's recently branched out into making larger pieces, so the commission from GO ART! came at an opportune time to expand his portfolio.

Schutt's pieces are about "our shared humanity," he said.

The first one is a riff on a popular social media meme about the difference between equality and equity. In the meme, three people of different heights are shown standing on boxes, trying to see over a fence to watch a baseball game.  They're all on the same size box.  The tall person can see, the smallest person can't see at all. That is equality, according to the meme. When the boxes are restacked, so the tallest has no box, the medium-height person has one, and the shortest has two, all three can see.  The meme labels that configuration, "equity."

The second sculpture is of people in silhouette. Their faces look the same but they're all different based on hairstyle and the jewelry they wear.

"It's kind of a reminder that we are more the same than we are different," Schutt said. "We need to celebrate our differences and find our common humanity.  Art does that. It brings together all walks of life."

Hallock loved the work, he said.

"I didn't know what he was going to do, and I'm pleasantly pleased with the pieces," Hallock said.  "The message of equity and unity is there."

Submitted photos.

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