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City fire chief offers tips for Halloween safety

By Billie Owens

From the City of Batavia Fire Department:

It’s Fall and the Halloween celebration will soon be upon us. There will be children dressed in costumes excitedly running door to door to trick-or-treat, festive decorations like glowing jack-o-lanterns, paper ghosts and dried cornstalks adorning front porches – these are some of the classic hallmarks of Halloween that make the holiday special for kids and adults alike.

Unfortunately, these Halloween symbols and activities can also present lurking fire risks that have the potential to become truly scary. But by planning ahead, you can help make this Halloween a fire-safe one.

Taking simple fire safety precautions can help ensure your holiday remains festive and fun.

Fire Chief Stefano Napolitano and the City of Batavia Fire Department in conjunction with the United States Fire Administration would like to offer several safety tips:

  • Stay in groups while trick–or-treating
  • Costumes should be well fitting, flame resistant, highly visible and free of long trailing fabric
  • Always test makeup for potential skin allergy before applying
  • Remember to look both ways when crossing streets
  • Always stay on sidewalks
  • Provide children with flashlights and glow sticks for visibility
  • Avoid dark houses
  • Examine all treats before eating
  • Enjoy with caution

Lastly, Chief Napolitano highly recommends keeping Halloween decorations away from any open flames, light bulbs and heaters. It is very easy for decorations such as dried flowers, cornstalks, crepe paper to catch on fire.

Napolitano also recommends keeping exits clear of any decorations so as to not block your exits in the event of a fire. Also, the Chief suggests testing your smoke detectors to ensure that they are working or request fire department staff to inspect and test for you.

If a resident has any questions or concerns regarding any of these tips, they can contact the City of Batavia Fire Headquarters at 585-345-6375.

GCC's 'Recognition Matters' spotlights art professor's paintings for new children's book

By Billie Owens

Submitted photo and press release:

When artists of different genres come together, their combined creation inspires in new ways seldom seen at the beginning of their collaboration. Such is the case with a new exhibit opening at the Roz Steiner Art Gallery at Genesee Community College on Nov. 12.

The gallery will display a series of 52 acrylic paintings created by Professor of Fine Arts at Genesee Community College, Heather S. Jones. The paintings were created to illustrate a children's book titled "M is for Mindful," written by national award-winning journalist Robin L. Flanigan, which is being published by Good Nature Press in November as part of the exhibition.

"M is for Mindful" is a children's poetry book that cultivates self-awareness, compassion, respect for diversity, and other practices that shape the way people think and act. The story is visually represented by Jones's vibrant nature-themed paintings. The illustrations guide children through the book's concepts, empowering young readers to attain and maintain an intentional, balanced and considerate life.

On Thursday, Nov. 14, a special celebration will take place in the gallery and the entire community is invited to attend any and all parts of the day:

  • 12:30 p.m. -- Meet Jones and Flanigan and hear them talk about their project;
  • 1 p.m. -- View the exhibit, mingle and enjoy refreshments;
  • 2:30 p.m. -- Robin L. Flanigan reads from "M is for Mindful" in the gallery;
  • 5 - 8 p.m. -- Book Launch and evening reception: Purchase a copy of "M is for Mindful" and have it signed by both the illustrator and author to celebrate the project and inspire young and old readers alike.

This exhibit will be on display at GCC's Roz Steiner Gallery from Nov.12 - Dec.12.

The artist and author met through the happy coincidence of a mutual friend in central New York, where a vibrant network of artists in all media and persuasions thrive.

Jones has taught at GCC since 2008, and she is active in many creative pursuits, including but not limited to her role as collaborator with international Vida Design Studio, through which she designs clothing and products; study abroad instructor with multiple colleges; and creative director and illustrator of Good Nature Press.

Through the years, she has also taught at Geneseo State University, Empire State College, as well as public schools and she was the administrative director at Camp Stella Maris.

She earned her MFA from RIT and her BFA from Alfred University, and she received a SUNY Chancellor Award for Excellence in Scholarship and Creative Activities in 2015.

Besides painting, Jones' professional skills also involve printmaking, photography, glassblowing, metal fabrication, ceramics, textiles and organizational management. Her work can be viewed at the following online websites:

A seasoned writer with bylines covering a dynamic range of topics, Flanigan uses the name and website "The Kinetic Pen" to capture the essence of her gift as an author, observer and her 20-plus year career as a writer. Raised in Sedona, Ariz., and now settled in Rochester, she earned her BA in Language and Literature from St. Mary's College of Maryland, including one year of study at the Centre for Medieval and Renaissance in Oxford, England.

Flanigan honed her craft as a newsroom beat reporter for 11 years, working for the Democrat and Chronicle in Rochester and The Herald-Sun in Durham, N.C. During this period of her career she earned nearly a dozen newspaper and press awards.

Since 2005, Flanigan has been a freelance writer for numerous magazines, newspapers, literary magazines and marketing initiatives, including but not limited to People magazine, US AirwaysEducation Week, The Sun, Motherwell and Talking Writing, and her coffee-table book entitled "Rochester: High Performance for 175 Years" was published in 2009.

Among her many topics are personal profiles, education, healthcare, business, home trends, beauty, fashion and family life. "M is for Mindful" is her first children's book.

The book project is an excellent illustration of how artistry and creativity cross into different media, and when combined the result is truly an enterprising opportunity that inspires in ways that may not be as available singularly.

"I am excited to show my students how the fine arts and painting can create opportunities to be entrepreneurial impacting not only their careers, but also inspiring an audience in ways far beyond the original canvas or exhibit," Jones said. "This project and the exhibit illustrate how careers in creativity can take an artist in all kinds of directions as long as they remain open, receptive and flexible in their life's journey."

Jones's talent and hard work in creating these paintings and contributing to "M is Mindful" have earned her a place in GCC's Recognition Matters series, which highlights the accomplishments of the College's faculty, staff and students. Officials at GCC have embraced this series as a way to acknowledge not only the achievement, but the high quality of the recognized individuals who demonstrate GCC's "beyond expectations" brand.

The Roz Steiner Art Gallery is open to the public Tuesdays from 11:30 a.m. to 4 p.m. and Wednesdays - Fridays from 9:30 a.m. to 4 p.m. The gallery is also open during special events as published at www.genesee.edu/campuslife/arts. Admission is free.

For more information, contact Gallery Coordinator Mary Jo Whitman at (585) 343-0055, ext. 6490, or via email: mjwhitman@genesee.edu.

Pavilion boys volleyball picks up two wins

By Howard B. Owens

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The Pavilion boys volley team picked up two victories yesterday, first over Keshequa and then over Eastridge.

In game one, Pavilion won in three sets, 25-10, 25-12, and 25-16.

  • Josh Van Alstine with four kills and three digs
  • Alex Stalica with three digs and two aces
  • Cameron Milligan with 20 kills, eight digs, and 11 aces
  • Cole Tillotson with 20 assists and four kills

In game two, Pavilion/York beat Eastridge 3 sets to 1, 26-24, 25-14, 27-29, 25-15.

  • Cameron Milligan with 39 kills and nine blocks
  • Cole Tillotson with 38 assists, four kills and four blocks
  • Dan Nichols with 13 digs and two aces
  • Charlie Urbanczyk with seven digs

Pictures and info by Ryan Paddock.

Top photo: #11 Cameron Milligan with a kill between Eastridge blockers​.

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#8 Cole Tillotson makes a leaping save in the second set against Eastridge.

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#6 Ty Heineman with a kill.

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#17 Dan Nichols serves to Keshequa in the second set.

Beth Parlato signs term limit pledge

By Howard B. Owens

Press release:

This week Beth Parlato, Republican candidate for Congress in New York’s 27th Congressional District, signed U.S. Term Limits’ pledge to support legislation limiting the number of terms a member can serve in Congress.

The former judge and first-time candidate made the news public in a Facebook video in which she proudly declared her support for term limits, differentiating herself from Washington career politicians.

“I’m all for term limits. We need to keep Congress moving and finally get something done,” said Parlato on signing the pledge. “We have members preaching socialism on the left and need more people fighting back from a place of sanity. We can’t elect somebody afraid to rock the status quo. That’s why I’m running.”

“Beth’s support of term limits shows that there are individuals who are willing to put self-interest aside to follow the will of the people. America needs a Congress that will be served by citizen legislators, not career politicians,” said U.S. Term Limits President Philip Blumel.

Parlato, the only political newcomer in the race, made waves with her impressive first fundraising quarter when she raised more than $270,000 with no fundraising consultants or outside help. Now she is using the momentum of her campaign as a platform to advocate for the serious reforms needed to rid Congress of corruption.

Success of methadone therapy at GCASA's OTP clinic 'exceeds expectations'

By Mike Pettinella

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For the past 13 months, the clinicians at Genesee/Orleans Council on Alcoholism and Substance Abuse have been treating area residents dealing with opioid use disorders at the Opioid Treatment Program facility at the agency’s main campus on East Main Street in Batavia.

The dispensation of liquid methadone at the OTP clinic has had a profound effect on hundreds of men and women in recovery since its Sept. 4, 2018 opening – a positive impact that even GCASA’s senior services director wouldn’t have been able to predict.

“The success of the program has exceeded my expectations,” said Kathy Hodgins, who oversees clinical services in Genesee and Orleans counties. “It has really served people in this area.”

Hodgins credited Assistant Director Jodi Calkins, who supervises a staff of nine (three clinicians, two RNs, three security and transportation personnel, and a secretary) at the office for leading a team that strives to help clients reclaim active and meaningful lives.

Calkins, who was hired by GCASA a year ago after 20 years in the field as a counselor and clinic director, said she and the staff are committed to those in recovery.

“I love my job and I love the patients,” she said. “We work with the whole spectrum – ones who are struggling, ones who are moving forward and those in between.”

She said methadone is given to the patients in liquid form, six days a week, with the dose taken in front of a GCASA professional. She said those who “are compliance in group and individual sessions, and test negative for opioids can earn the privilege” of being able to take home their dosage.

“Patients must submit urine screens to ensure accountability,” she added, noting that the clinic serves about 120 each week but can handle up to 150 or more. “Patients attend group three times a week, meet with counselors one-on-one once a week and also are assigned to a case manager.”

Methadone has been found to be useful at reducing opioid craving and withdrawal and blunting or blocking the effects of illicit opioids. It is offered in liquid, powder and wafer forms and is taken once a day.

Methadone is effective in higher doses, particularly for heroin users, helping them stay in treatment programs longer.

Hodgins said methadone is a “process that sometimes takes them months to get on a stable dose, with careful monitoring throughout.”

She said GCASA has administered suboxone for opioid treatment for quite some time, but it doesn’t work for everyone.

“Methadone is an alternative for people who don’t do well (with suboxone),” she said.

For Steve (name changed), a Genesee County resident in his early thirties, methadone therapy has enabled him to keep a full-time job as an assistant manager and given him renewed hope.

“If it wasn’t for Dr. (Matthew) Fernaays and (counselors) Sarah (Johnson) and Mandy (Moore), I don’t know where I’d be,” he said. “I’d probably be dead.”

Steve said he began methadone treatment about nine months ago, at first coming to the OTP clinic every day but now arriving four days a week.

“I’ve earned take-homes for being clean,” he said, mentioning that he has been sober since Jan. 21, 2019.

He said his downward spiral with opioids started when he was 16 when a doctor prescribed pain pills for a knee injury.

“I got hooked on them and this was before regulation,” he said. “I got up to 380 pills a month and that kept going and going for years. Eventually, the pills weren’t enough anymore and I turned to other drugs.”

Steve said he began suboxone treatment at GCASA about a year ago after he “lost his family.”

“My parents, my sister, my brother … no one would talk to me,” he said. “I had to find something to change my life.”

Unfortunately, he relapsed after being sober for six months, but chose to return to GCASA in a last-ditch effort to maintain his family ties.

He said he understands he may be on methadone for the rest of his life – although he hopes to wean off of it – but, either way, he’s proud of what he is accomplishing.

“I have my family back, I’m working, I have a new car and I’m feeling like a human again,” he exclaimed. “They saved my life – 100 percent.”

GCASA Executive Director John Bennett said stories such as Steve’s make it all worthwhile, and validate the need for extended services in Genesee County.

“We are thankful to the governor and OASAS (NYS Office of Alcoholism and Substance Abuse Services) for investing in our region to assist us in providing a continuum of care for persons living our rural communities,” Bennett said. “We have had great support from our community, from families and civic leaders in the region, which is the key to a program like this being successful.”

Bennett noted that the OTP clinic is nearly at its capacity.

“The persons being served no longer have to travel to Erie or Monroe County to receive services,” he said. “Our staff is comprised of highly trained individuals who focus on welcoming patients into a relaxed, compassionate atmosphere which supports recovery from addiction.”

Methadone is dispensed daily to patients Monday through Saturday from 7-10:30 a.m. GCASA accepts most insurance. For more information about services at GCASA, including the OTP clinic, go to the agency’s website – www.gcasa.net.

Photo at top: Kathy Hodgins, GCASA Senior Services director, left, and Jodi Calkins, assistant director.

Disclosure: Story by Mike Pettinella, GCASA publicist.

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Legislators debate proposal to include information about state-mandated expenses on property tax bills

By Howard B. Owens

County legislators decided Wednesday to take a little more time on deciding whether to add information to property tax bills about how much of the county's property tax levy goes to funding state-mandated services.

The proposal brought to the Ways and Means Committee included line items for:

  • Social Services (including Medicaid)
  • Jail
  • Probation
  • Early Intervention
  • PHC Preschool
  • Mental Health
  • Public Defender
  • Assigned Counsel
  • Community College Tuition (excluding GCC sponsor share)
  • District Attorney Salary

Members of the committee were not entirely comfortable with the entire list, or even whether the information disclosure should be included on the tax bill at all, which only goes to property owners whose taxes are not paid by mortgage holders.

Those services eat up $23 million, or 76 percent of the county's tax levy. 

New York State mandated services -- services that the state requires the county to provide, or services the county would provide anyway but the state mandates that they be delivered in a specific way and at a specific cost -- are a long-standing complaint of local legislators.

The proposal, some legislators think, would help inform local taxpayers that the county's elected officials have little say in how their money is spent.

Legislator Andrew Young seemed the most uncomfortable with including the information at all on the tax bills.

"It just seems like whining to me," Young said. "It’s just like when I ask Steve Hawley (about Albany), ‘well, we’re stuck. It’s somebody else’s fault.’ What do we really get out of it? I’m not sure we’re really sharing any information that anybody understands, so we’re really just feeling better … I don’t know, it just feels like whining to me.”

Committee Chair Marianne Clattenburg thought it important that taxpayers understand how Albany constrains county government but wasn't sure the list entirely accomplished that goal since some of the items are functions of government the county would provide without state mandates, but perhaps not in the way or at the price tag the state dictates.

Young noted that the county also receives a lot of grant money for things like roads and bridges from the state; perhaps that evens out the mandated expenses.

"It’s really about control, right?" Young said. "Let’s just assume it’s even. It just means they get to control us."

Clattenburg responded, "It’s about what a local government decides to do and how to do it. That is really what most of the budget is. It’s about how New York City does things and we’re not New York City, so it’s really frustrating.”

She said she did think it's important for citizens to understand how the local government spends property tax revenue.

"Maybe if we kept (the list) to just mandates we really struggle with, Medicaid, early childhood, all these mandates associated with law enforcement, the district attorney, assigned council, and all of that -- the things that we are required to do, that if we could do them ourselves we might design a different way," Clattenburg said.

Legislators Shelly Stein and Gregg Torrey both spoke in favor of including information about mandates expenses on the tax bill.

Stein said she knows people who look at their tax bills and will be interested in information on the back about how the money is spent.

In order for the county to start including such information, local law will need to be amended. To do that, the Legislature would need to pass a resolution in November and hold a public hearing in December and vote for the change before January in order for the July tax bills to carry the information.

That isn't likely to happen since Ways and Means tabled the resolution Wednesday.

"I think we have to decide what’s going to be on the list and I think everybody needs input into that and I would like to hear every legislator, not just the committee," Clattenburg said.

Kiwanis Club and Batavia's Original to host second annual Kids Halloween Parade Oct. 27

By Billie Owens

Submitted photo and press release:

Once again Batavia’s Original is teaming up with the Kiwanis Club of Batavia to host the Kids Halloween Parade on Sunday, Oct. 27th.

This is the second year that Kiwanis has partnered with Batavia’s Original on this fun, free family event.

The parade starts in front of Dan’s Tire & Auto, behind the Downtown mall, and ends at Batavia’s Original. The parade starts at 1 p.m., so kids should start lining up around 12:45.

The parade is rain or shine, so kids should dress appropriately.

When the parade concludes at Batavia’s Original, there will be music and games for the kids, along with a costume judging contest with prizes for best costumes.

The parade route is as follows:

  1. Start at Dan's Tire (48 Batavia City Centre)
  2. Right onto Washington Avenue
  3. Left onto Ross Street
  4. Right onto East Avenue
  5. Right onto Vine Street
  6. Left onto Fisher Park
  7. Right onto Elm Street
  8. Cross over Main Street
  9. Left into Batavia's Original Pizzeria at East Main and Harvester Avenue

Photo from left: Frank Ciaccia, Gary Maha, Chuck Flynn, Batavia's Original owner Kathy Ferrara, Pete Guppenberger and Lawrence Friedman.

Mercy Flight and city firefighters team up for Pit Crew CPR training tomorrow

By Billie Owens

Press release:

On Friday, Oct. 18th, Mercy Flight will be partnering with the City of Batavia Fire Department for Pit Crew CPR training.

“Pit Crew CPR is a team-oriented approach to cardiopulmonary resuscitation (CPR) that has delivered outstanding results for sudden cardiac arrest victims," said Denise Cuillo, Mercy Flight’s director of Education and CQI. "By working together as a structured team to provide the highest quality CPR, we can greatly improve the victim’s chance of survival.

"A noticeable change to our approach that the community will see is that all care must be provided immediately, at the scene. In these crucial first moments, there is nothing that an ER can do that we cannot, and any delay in those treatments will greatly reduce the victim’s chance of survival. We cannot provide the quality of care and the structured teamwork necessary in a moving ambulance.”

With the implementation of Pit Crew CPR, bystanders may notice that emergency response crews are on-scene longer than they are used to seeing. While training is starting with the City of Batavia Fire Department, further application of this program will include training with volunteer fire agencies throughout Genesee County.

Training will take place at the City of Batavia Fire Department, 18 Evans St., Batavia, from 2 to 6 p.m. tomorrow. Each training is expected to last approximately 90 minutes. This event is not open to the public.

If you wish to receive more information about the implementation of this program, please contact Denise Cuillo (dcuillo@mercyflight.org; 716.626.5808, ext.1320).

About Mercy Flight

Mercy Flight Inc., d/b/a Mercy Flight of Western New York and Mercy EMS, is an independent, nonprofit provider of medical transport services. It began in 1981 as the first medically dedicated air ambulance service in New York State.

Today, the charitable organization operates four helicopter bases staffed by Pilots, Flight Paramedics and Flight Nurses in Buffalo (headquarters), Olean, Springville, and Batavia. Long-distance-air medical transports are conducted using a Learjet 31 and the same critical care medical teams that staff the helicopters. Flight physicians also join the team as needed based on the condition of the patient.

Mercy Flight’s ground ambulance division, Mercy Flight EMS, provides service for Genesee County, Niagara County, and the Town of Concord and Village of Springville.

Together, the organization’s employees, now more than 200 strong, support the mission of being “A BEACON OF HOPE...WHEN MINUTES MATTER.” For more information about Mercy Flight, sponsoring a patient mission at a donation of $1,420 or for details on upcoming events please visit www.mercyflight.org.

Law and Order: Warsaw man accused of stealing handgun and jewelry from Gilhooly Road home

By Billie Owens

Gary Wayne Hensley, 44, of Burke Hill Road, Warsaw, is charged with second-degree burglary -- illegal entry of a dwelling, and fourth-degree grand larceny -- theft of a firearm. He was arrested Oct. 16 and arraigned in Alexander Town Court. He is being held in jail without bail due to prior felony arrests. It is alleged that on Sept. 7 at about 10:45 a.m. he entered a residence on Gilhooly Road in Alexander and stole a handgun and jewelry. He is due to appear in Alexander Town Court on Nov. 12. The case was handled by Genesee County Sheriff's Deputy Joseph Loftus.

Gregory James Baker, 39, of Pratt Road, Batavia, is charged with three counts of second-degree criminal contempt for disobeying a mandated court order at 4:57 a.m. on Oct. 4. Baker was arrested Oct. 15 following an investigation.He was arraigned in Batavia Town Court and released under supervision of Genesee Justice. The case was handled by Genesee County Sheriff's Deputy David Moore.

Gregory James Baker, 39, of Pratt Road, Batavia, is charged with second-degree criminal contempt. Baker was arrested Oct. 15 following an investigation of a mental health call from a location on Pratt Road to dispatch at 7:30 a.m. on Oct. 4. He was arraigned in Batavia Town Court and released under supervision of Genesee Justice. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Andrew Mullen.

Car hits tree exiting Thruway in Batavia

By Howard B. Owens

A car has reportedly hit a tree while exiting the Thruway from the eastbound lane in Batavia.

Unknown injuries.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 12:01 p.m.: A Batavia chief on scene says all Batavia equipment can standby in quarters.

BHS grad in Marine Corps getting recognition for aviation tool he invented

By Howard B. Owens

Tim Martin, born and raised in Batavia and a 2014 graduate of Batavia High School, is now in the Marine Corps and a tool he invented to assist in maintenance on the brakes of MV-22 Ospreys is getting the attention of even some of the highest-ranking generals in the Corps, thanks to its ability to reduce maintenance time and save money.

Martin's tool is now patent-pending and being deployed throughout the Corps for use on Ospreys, a type of multi-use aircraft that can take off and land both vertically (like a helicopter) and then fly like a fixed-wing plane.

After graduation from BHS, where he took several advanced-placement classes, Martin started college in an engineering program but decided he didn't like college life much so he joined the Marine Corps. He's now an aviation mechanic. 

In his email to us, Martin said, "I have loved my time in the Corps since the day I joined, and wish for everyone to seek out what they are truly called to do. I never thought in my life that I would drop out of college as an engineering student and go on to be patent-pending on a tool I invented a few years later. The opportunities in life are endless. Once you find your calling everything else falls into place."

Volunteer tax preparers wanted for 2019 tax season

By Billie Owens

Press release:

AARP Foundation Tax-Aide Program is gearing up to provide tax preparation services for the 2019 tax season. The program is seeking a few more volunteers to assist in the preparation of federal and state tax returns for low- to moderate-income individuals.  

This is a wonderful growth opportunity for people interested in learning new skills, meeting new people and is a fulfilling way to help meet essential community needs.

A fantastic training program will be provided at the Genesee County Office for the Aging weekdays from 9 a.m. to 3 p.m. on: Monday, Jan. 13th; Friday, Jan. 17th; Wednesday, Jan. 22nd; Friday, Jan. 24th; and Wednesday, Jan. 29th.

Volunteers must pass a proficiency exam before working in teams of two, with tax appointments running from Feb. 3rd - April 15.

In 2019, a small group of dedicated RSVP volunteers served more than 1,200 households, providing peace of mind along with tax filings. Many people return year after year to get their taxes done. The volunteers are known for their helpful, professional and thorough manner. The program is provided at no cost, but donations are gratefully accepted. 

You don’t have to be a tax expert. If you’ve been known to complete your own tax returns from time to time or maybe consider yourself a “numbers” person, please call Courtney Iburi, RSVP coordinator, at (585) 343-1611 to learn more.  

City Hall to close from 1 to 3:30 p.m. today for mandatory safety training

By Billie Owens

Public Advisory

Please be advised City Hall offices will be closed from 1 to 3:30 p.m. today, Oct. 17th for mandatory safety training.  

City Hall is located at 1 City Centre, Batavia.

(Payments not requiring a receipt can be left in the dropbox outside City Hall.)

We apologize for any inconvenience. 

Thank you,

Martin D. Moore, Ph.D.

City Manager

Wegmans pharmacists will be at Batavia YMCA Friday providing flu shots

By Billie Owens

Wegmans pharmacists will be at the Batavia YMCA from 9 to 11 a.m. tomorrow, Oct. 18, to provide flu shots. Pneumonia shots will also be available to eligible individuals.

The flu shots are also available for children ages 3 and up; they must be accompanied by a parent or guardian.

Your insurance provider will be billed; bring your prescription insurance card.

The retail price for the flu shot -- "Afluria Quad" -- is $39.99.

The Batavia YMCA is located at 209 E. Main St. in Downtown Batavia.

Council reaffirms approval of lease for Batavia Players in City Centre

By Howard B. Owens

A slightly revised lease for property owned by the City of Batavia in the mall for Batavia Players got a renewed objection by Councilman Bob Bialkowski and as was the case in February of 2018, Bialkowski was the lone dissenting vote to approve the lease.

Bialkowski objected to the lease at Tuesday night's council meeting, he said, because it didn't address issues he said were typically in commercial leases -- such as provision for a dumpster, snow removal, parking, after-hour usage, and utilities.

He said the lack of clarity on these issues could lead to a lawsuit against the city and that since it is the first of what may be more leases of city property in the mall, the right precedent needs to be set.

"In my opinion, a good lease makes for good business," Bialkowski said.

He made a motion to rewrite the lease but it failed for lack of a second.

City Attorney George Van Ness said the only change in the lease was an extension of the term in order to meet state requirements for Downtown Revitalization Funds.

The proposal by Batavia Players to move the Harvester 56 Theater on Harvester Avenue to 35 City Centre -- the former Dent Neurological Clinic office, between Genesee Dental and The Insurance Center -- at a total cost of $901,750, was approved by the governor's office as part of the $10 million DRI award to the City of Batavia last year. The state grant will cover $701,750 of the construction costs.

Van Ness said if the city renegotiated the lease to the degree Bialkowski proposed, the past year's worth of work with the state to get final approval for the project would be lost and the process would start from the beginning.

"This is a standard commercial lease," Van Ness said. "It's been used in the past for other properties. It's been approved by Dent counsel. It's been reviewed and approved by counsel for Batavia Players as well as the Department of State.

"So respectfully, it's a standard lease in terms and received prior approval by the council on February 12th, 2018. Many of these same questions were asked and answered at that point in time. They were addressed and council voted at that point seven to one in favor of the lease."

Councilman Paul Viele, a contractor and commercial property owner, told his fellow council members that the lease is a standard "triple net."

A triple net lease means the tenant assumes responsibility for not just the rent, but also all other property expenses such as property tax, insurance, maintenance and utilities.

"I don't think anyone understands that they (Batavia Players) are responsible for most of everything that Bob raises as an issue," Viele said.

The council approved the lease on a 7-1 vote, with Councilwoman Rose Mary Christian absent.

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