While news of a potentially larger, relocated Burger King created some online responses from supporters of the businesses the fast-food restaurant would replace, one of those sites has been quietly working on its own new establishment.

Beverly’s Floral & Gifts will be moving into the former Roxy’s Music store at 228 West Main St., Batavia, hopefully, before the end of summer, owner Russ Fitzgibbon says.

“I bought it a year ago and have been rehabbing the place,” Fitzgibbon told The Batavian on Tuesday. “I have to put in about another month of work, and will be go-ready.”

He hasn’t been pleased with some of the online comments regarding Burger King’s plans to purchase and demolish the current Beverly’s building and adjacent one housing Batavia Restaurant Supply, plus two more along South Lyon Street. It has been well known for some time now, he said, that BRS owner Mike Charvella has been trying to sell the site at 301-305 West Main St.

“But nobody wanted to pay what he wanted to get for it,” Fitzgibbon said. “It’s not a surprise to anyone here. To say that a business is getting forced out … I like him, he’s always been straightforward with me. He’s been very clear.

“There’s zero surprise in any of this. Once he turned 70 or 75, he offered to sell to me or (to store managers). He can do whatever he wants to do with his business.”

Fitzgibbon has already completed some "massive construction" on his new place, he said. He couldn’t help but point out the bit of irony in his move: he will be next door to the current Burger King that is requesting a special use permit by relocating to his current stomping ground at the corner of West Main and South Lyon streets.

UPDATED 6/26/23: Stacey Schrader, who owns Batavia Restaurant Supply with partner Nate Charvella, wants to make it clear that, although the building at 301-305 West Main St. has been sold, the business will remain.

"We're staying in business," she said Wednesday. "We are in the process of finding a new location."

The business partners have owned BRS since 2012.

The Batavia Muckdogs won their fifth-straight game in a big way on Monday, beating the Geneva Red Wings 8-4.

The Muckdogs collected 15 hits.

Key offensive contributors: 

• Brice Mortillaro went 3-3 with a run scored and two RBIs
• Matt DeStefano went 2-3 with two runs, a walk, and a triple
• Giuseppe Arcuri went 2-4 with a run scored, a stolen base and two RBIs
• Lucas Lopez went 3-5, scoring twice and smacking a double
• Rashad Robinson went 2-4, scoring once and walking once and swiping a pair of bases.

Ryan Kinney came on in relief, tossed 2 1/3 innings of hitless, scoreless ball to pick up his second win. His ERA is 0.77.

The 'Dogs (13-7, first place in the West) are back home tonight (Tuesday) against Niagara Power. Game time is 6:35 p.m.

Press Release:

Press Release:

Congresswoman Claudia Tenney (NY-24) raised serious concerns following the release of a congressional letter calling for snapback sanctions on Iran only after the rogue regime enriches uranium beyond 90 percent, which would be at least 24 times the limit allowed under the Joint Comprehensive Plan of Action (JCPOA). In her statement, Tenney argues this would be too little, too late, and that snapback should be triggered immediately in response to Iran’s persistent non-compliance with its commitments.

“Signaling to the Islamic Republic of Iran that it should only face consequences for its reckless nuclear extortion if it reaches the dangerous threshold of 90 percent weapons-grade nuclear enrichment is deeply concerning,” said Congresswoman Tenney. “Iran is already enriching uranium at 24 times the limit allowed by the JCPOA – the time for action is now, not after Iran blows past the critical benchmark of achieving weapons-grade enriched uranium. Threatening snapback only after Iran reaches the 90 percent threshold also creates a new and dangerous standard that Iranian enrichment up to 89.9 percent is somehow acceptable. Let me be clear: it is absolutely not acceptable. We need to stop moving the goalposts and start increasing the pressure. The time for snapback is now.”

Tenney recently led a bipartisan letter with Representative Josh Gottheimer (D-NJ) encouraging the leaders of the United Kingdom, France, and Germany (E3) to initiate snapback sanctions on Iran under United Nations Security Council (UNSC) Resolution 2231. Tenney also published an op-ed in The Jerusalem Post condemning any attempts to wait until Iran enriches to 90 percent to initiate snapback sanctions.

2023 Indian Falls Road, Corfu. OPEN HOUSE SATURDAY JULY 1st from 11am-1pm. Truly the most warm and inviting country home you will see! Immaculately kept, this property has all quality upgrades and is no flip! All Anderson windows, radiant in floor heat (you will fall in love again this winter), upgraded 200 amp electrical service, fully gutted/remodeled kitchen with gorgeous tongue and groove ceiling and large pantry room with laundry is just the start! Inviting country kitchen has small breakfast nook as well as dining area for larger gatherings. Cozy wood burning stove and half bath downstairs for your guests makes, this place great for entertaining as well as large family room with Cathedral ceiling and beautiful windows that lead out to wrap around deck with views of the prettiest backgrounds! Inviting 1st floor bedroom suite with closet everyone will be jealous of and newly renovated large&bright private bath that leads to its own deck with hot tub! A 2 bay shop built in 2016 with xtra tall covered carport ready for RV, gorgeous gardens, fruit trees and grapevines and fire pit area with charming waterfall makes this property a true homestead! Offers due July 5 @ 4:00. 

Press Release:

On Friday, June 23, the Byron-Bergen Class of 2023 crossed the stage at Roberts Wesleyan’s Hale Auditorium and into the next chapter of their lives. Amidst the cheers of their friends and families, the graduates were recognized for their years of hard work and welcomed to the ranks of proud Byron-Bergen alumni. Although the graduates were not promised an easy ride, the mantra that echoed through the auditorium was “perseverance”.

A traditional rendition of “Pomp and Circumstance” by Edward Elgar, performed by the Byron-Bergen High School Concert Band under the direction of High School Music Teacher Kevin Bleiler, provided the ambiance for the practical but optimistic ceremony. Jr./Sr. High School Principal Ashley John Grillo welcomed family, friends, and faculty present at the ceremony.

“You are a big part of the success we celebrate today,” said Grillo. Grillo enumerated some of the many accomplishments to which the seniors contributed including varsity athletic championships, the show-stopping spring musical “Hairspray”, and notable achievements for academic teams and clubs. Grillo then encouraged the graduates to take risks and never stop striving for their goals. “Move on to what is next. Choose your adventure. Don't be afraid to fail.”

Byron-Bergen Superintendent Pat McGee took to the stage with a personal message for each student. “I have known you for four years as principal and two years as superintendent,” said McGee. “I will miss your honest feedback, side conversations, and informal hallway check-ins. You will be missed.”

He then recited a poem by American author Shel Silverstein:

Listen to the Mustn’ts, listen to Don’t.
Listen to the Shouldn'ts, the Impossibles, the Won'ts.
Listen to the Never Haves, then listen close to me.
Anything can happen, child,
Anything can be.

This sentiment was reinforced by Salutatorian Zoey Shepard. “I didn’t want to talk about COVID today,” said Shepard. “We are collectively a pretty challenging class, but the pandemic made us stronger.” She went on to tell her classmates to make sure they are happy and to work hard, have fun, and always stand tall. 

The graduating members of the Singing Silhouettes, under the direction of High School Music Teacher Joseph Paris, performed “Vienna” by Billy Joel. The arrangement featured a series of short duets allowing each member to shine. “But you know that when the truth is told, that you can get what you want or you can just get old,” sang the young musicians, with the dedication of those ready to work for their goals. 

Then, invoking the iconic lyrics of American singer-songwriter Taylor Swift, Valedictorian Kendall Phillips said, “Everyone is unique. Everyone has their quirks. ‘Haters gonna hate’ but we have a wonderful support system back home.” 

“Being kind is so important,” said Phillips. “It’s such a simple thing, but a powerful thing. It can change the course of someone's day or even life.”

The diplomas were conferred by Board of Education President Debra List and the Class of 2023 tossed their mortarboards into the air. The collective congregation rallied around the graduates and, for that moment, blocked out the Mustn’t and the Don’t, the Impossibles and Won’ts. 

The graduates move on from high school knowing that they have weathered personal and global challenges and they are ready for what comes next. Haters gonna hate, but anything can happen. Anything can be.

Photos submitted by Gretchen Spittler

Stop by our booth at the July 3rd Muckdogs game for a chance to win an electric guitar kit! Fill out an entry form with your best drawing of an eagle to be entered to win!

We'll also be talking about our newest feature –  Early Access Pass. Click here for more information or to join now.

After hearing from nine speakers over 27 minutes express passionate -- and sometimes angry -- views on a planned change to the School Resource Officer position, no member of the Pavilion Central School District had anything of substance to say to the public.

There was no comment from the board after the public spoke, and no board member would respond to questions from reporters who followed them out of the auditorium and into the parking lot after the meeting.

Board President Marirose Ethington did thank the public for its attendance at the meeting and to the speakers who gave the board "something to think about" but offered no comment on the substance of what the speakers discussed.

The issue that brought hundreds of Pavilion residents to Monday's board meeting is a likely change in the SRO position.

Deputy Jeremy McClellan occupied the position for more than three years, and Superintendent Mary Kate Hoffman confirmed with The Batavian on Monday that he won't be the SRO at Pavilion in the Fall.  The district will, however, maintains its contract with the Genesee County Sheriff's Office to provide a school resource officer to Pavilion.

School officials have not publicly stated why McClelaln will not return to Pavilion in the Fall but most of the speakers at Monday's meeting indicated it had something to do with him being open about his Christian faith.

"The school district theme for the 2022-23 school year was about accepting and embracing the differences in all the people around us," said Jamie Schwartz. "But was it only for the students and not the board and administration to uphold? Officer McClellan was terminated from his position at the school because his beliefs didn't blend with someone else's. By terminating him, the administration has just shown the entire school body that they did not actually mean anything they said this year about accepting and embracing others' differences. Do we all need to accept the differences that we are told to accept? Or are we to accept everyone? What kind of example are you setting for our children, telling them to accept everyone, regardless of race, religion, gender, or political views, and then turn it around by firing a valued staff member because their ideology does not match with yours?"

Bryleigh Burns, a student at Pavilion, made a similar point.

"The fact that Deputy McClellan went above and beyond just raises the question as to why he is being let go," Burns said. "If some of it's due to disagreements with other staff, we must look at the fact that it has been drilled in our brain since we were kids that you must get along with people even if you don't like them. If you are adults, can you not do that as we do as students? I know some people said he made religious comments. Are you going to punish someone who is just simply expressing their religious beliefs or simple opinions? I'd like to point out that there are many teachers throughout our school that push their opinions on students and put posters in their rooms, which is perfectly fine. That's fine. But ... "

At which point she was interrupted by loud applause and cheering.

She continued, "If you want us to accept their beliefs, we can absolutely do that. You have to accept it's not a one-sided thing."

McClellan was praised for the way he interacted with students and how he's come to know the name of every student in the school, but more than that, he was praised repeatedly for specific actions he's taken to assist students and families.

According to various speakers, he's apparently helped more than one student dealing with depression and with social isolation. He's often seen at school events, even after hours. He's delivered meals and Chromebooks to students who were homesick. He's given students haircuts when apparently they couldn't afford a haircut. He participated in a walkability student and helped secure a speed trailer to help slow traffic in front of the school. He addressed an apparent drug issue at the school. He's attended funerals. He's helped in the cafeteria when there was a staff shortage. And when a family went through a house fire, he loaned them a trailer to live in in the immediate aftermath.

"He's willing to commit his personal time, money and resources to assist in any way possible and has shown nothing but love in the process," said Alex Mead.

As an example of McClellan's excellence, Rich Klancer said the deputy carries a special responsibility in the Sheriff's Office.

"Deputy McClellan is the team lead for the school resource officer program for all of Genesee County," Klancer said. "He's a teacher to his peers. He's responsible for continuous improvement of the program. To be qualified to teach means he's mastered skills as a school resource officer and can serve as an example for other officers to become a member of the special patrol."

Sheriff William Sheron hasn't responded to emails from The Batavian about the situation, and we have another one in to him to try and confirm McClellan's status as an SRO in the department.

Kirsten Galliford recalled the first time she came across the SRO at the school.

"My first impression of Deputy McClellan was hearing his mantra," Galliford said. "He was leaving the school as I was going in, and someone asked him how he was. He responded, 'dedicated and motivated.' It made me pause. While his response had a ring to it, what really struck me was his sincerity."

She said McClellan has shown he is dedicated professionally and motivated personally, which is a good example for Pavilion students.

The statement by Cynthia M. Baltz was short and to the point.

"This man is kind, he's honest," she said. "He's caring. He knows every single parent. He knows every single kid. How dare you? How dare you do this change. We're mad. We're angry. Okay. And I hope to never see any of you again on this board in our school district because shame on you."

One speaker said Deputy McClellan's pictures were removed from the Gopher Pride page on Facebook.  The Batavian scrolled through the page and did not see any pictures of McClellan, but we cannot confirm that there were pictures on the page previously.

After the meeting, when The Batavian approached board president Ethington for an interview, she said, "I really don't have any response at this point. We have things to think about and to discuss as a board together."

When asked if the topic would be on a future agenda, she said, "I can't discuss that right now."

Board Vice President Jeff Finch declined to comment, as did board member Margaret Gaston.  Other board members walking with them did not say anything.

The Batavian has additional questions via email out to board members and the superintendent and will either update this story or provide a follow-up story as appropriate.  We're also attempting to clarify the district policy on the expression by staff and faculty of political and personal beliefs. 

Sen. Charles Schumer traveled to Har-Go Dairy in Pavilion on Monday to warn that without passage of a 2023 Farm Bill, a program that helps dairy farms stay in business could expire in September.

Dairy Margin Coverage, a kind of insurance program that is taxpayer-subsidized but also funded by fees paid by dairy farmers, helps keep milk and cheese prices stable for consumers.

“Loss of the program,” Schumer said, "would cause huge supply chain disruption and market panic, which means less available milk. The price of milk would go way up. So even if you don't even have a farmer in your family, even if you don't even know a single farmer, you will be hurt if this program goes out because the price of milk will go up and all the other things that milk is used in would go up as well. The cost of milk could potentially double."

DMC is a voluntary risk management program for dairy farmers. It pays producers the difference in the price of milk, which is regulated by the federal government, and the cost of feed. It helps ensure that dairy farmers don't suffer catastrophic losses if feed prices rise unexpectedly.  Feed for dairy cows is a commodity with prices set by global markets.  Any sort of international crisis, whether political or environmental, can cause prices to spike.

"We don't want these small farmers to be buffeted about and actually put out of business by international forces that are beyond their control," Schumer said.

Schumer noted that employers such as HP Hood and O-AT-KA Milk Products, along with other businesses in Genesee County that are dependent on the dairy industry, employ more than 1,000 people locally.

"And we all know that milk from happy, healthy Uupstate New York cows tastes better than the milk from anywhere else in the nation," Schumer said.

The Farm Bill, which is renewed by Congress every five years, is in jeopardy because of greater partisanship, with harder lines being drawn, in Washington, Schumer said.

"There's a group of people who just want to just cut all the spending across the board," Schumer said. "Instead of just looking at where the waste is, and keeping good programs like this one. Usually, we prevail. But this year, things are pretty hot in Washington. That's why I'm here. I'm making a big push to make sure this program is sustained."

Shelley Stein, a dairy farmer in Le Roy and chair of the Genesee County Legislature, said maintaining the DMC is critical to the survival of the area's dairy farms, and the cost of the program is just a sliver of the overall spending authorized by the Farm Bill.

"Ninety-eight percent of the Farm Bill is used and directed to programs that feed people in America, and only two percent of that entire bill goes into farm programs,” she said. “So, only two percent of the spending goes to make sure that we can feed the rest of America."

As summer has just officially thunderstormed its way into the area, it may seem as though there’s plenty of time to put a major equipment decision on ice at the McCarthy arena on Evans Street. Especially when it could cost upwards of $4 million if the city doesn’t get any grant funding.

But from the appeals and official presentations heard during City Council’s conference session Monday evening, time is of the essence. A rapidly failing ice chiller isn’t likely to survive another full season, and without a working chiller, of course, there is no ice, no hockey program, and no evolving 12-month facility that just celebrated “a great first year,” according to arena operator Matt Gray.

That success hasn’t been without a fair share of struggles for Gray and his staff to keep the 20-plus-year-old chiller operational, he said.

“Our staff is doing everything they can to keep it running. It's a great expense with the R 22 (refrigerant). We do have leaks. It's costing, you know, our capital budget through the city is thousands of dollars a year. And that's one of the reasons why it has to be done because we're losing money,” Gray said. “Our staff during the winter, seven times, 10 times a week, are going up onto the roof, and they're thawing out a broken evaporator up on the roof, it freezes solid, it's 20 degrees out, 10 degrees when the wind’s blowing. It can't wait an hour  … We know we have a challenge for this coming year. We've already sat down with all the staff, and they're up for it. 

"We need to make it through this coming season," Gray said. "And we need to stick to the timetable hopefully for 2024 because of the 25 season so that we can open up in September of that season.”

His plea was supplemented by speaker Bob Gray, his dad and one of the founders of Friends of the Rink, who read a list of the many activities, fundraisers, events and related supporters that rally around the ice rink’s purpose. 

From a free hockey try-out day for kids and wrestling to an 80s roller skating party and mega garage sale, in addition to the regular youth and adult hockey leagues, the rink has become an incrementally improved facility that council members should check out for themselves, the elder Gray said.

Tim Sprague spoke on behalf of the Batavia Ramparts youth hockey league, endorsing the rink not just for those players but for others outside of the city that use the facility. The Ramparts has become 200 members strong, and his own participation as a kid got Sprague through a tough time in his life when his mom died, he said.

“Growing up on Harvester Avenue, it was really helpful to have a place where I could go with my friends where they were like family, and I was able to be a part of that hockey community,” he said. “So it's not just the local area people that are using it, it's driving from all around, and it's pulling people into our community. And you're getting to see things that are happening at the rink. I honestly, the dirt bike thing I thought was a wild idea. I couldn't believe how successful that was to see that happen on the ice, and the amount of support that received was just really cool.

“So that's just all I really wanted to say, is just the support that Batavia Ramparts has for that rink and what it means to us. So thank you, we appreciate it,” he said.

John Roach of Batavia came to the meeting to comment on another topic, but while at the podium, he added that investing in a new chiller was “a no-brainer.”  A couple of council members seemed to agree.

Councilman-at-large Bob Bialkowski appreciated the fact that the arena was being handled by someone local, and that has made a difference, he said. Council President Eugene Jankowski believes that the arena is “only getting better every day” and “hopefully we can get this chiller thing resolved.” Councilman John Canale has a lot of drum students that use the rink and believes that “we’re onto something, let’s keep it going.”

Paul Viele thanked the Grays for what they do to support the rink and asked, “What can we do to expedite this grant for them?”

The Climate Smart Communities grant, in the amount of $1,235,000, wouldn’t be available until December, City Manager Rachael Tabelski said. In the meantime, the council can consider applying for a bond to afford the $2.5 million capital project and purchase the chiller. Council would then approve a resolution to apply for the grant, which would be announced in December. The project would be put out for bid and award, to be installed between April and September 2024, before the new hockey season begins.

Tabelski presented two options if the council agrees to go forward with purchasing a new chiller. One is the cost of a debt service payment plan based on 25 years with interest, and the city doesn't get the grant. That tab amounts to $4 million, versus a total offset by the $1.23 million grant and decreased interest payments. 

Her recommendation is based on a feasibility study conducted by the New York Power Authority, which concluded that the chiller should be replaced as a matter of financial practicality.

“You've heard me say it many, many, many times over the past two years. We operate on the R-22 refrigerant, which has been phased out of production. We spent over $90,000 in 21 and 22. You remember the emergency purchases for either refrigerant or oil during that time period. So we built reserves. However, those reserves are being flushed down into buying this refrigerant,” she said. “They absolutely recommend replacing the chiller, the evaporative cooler.

“Specifically, the grant has timeline parameters. So I'm gonna go through it in the presentation, but we have a choice to make tonight to approve a $2.5 million project and have council look at the two different scenarios of bonding and investment. One with a grant and one without,” she said. “My ask tonight is actually to approve it, not knowing whether we get the grant or not, by letting you know we do have sufficient funds in the general fund to make those bond payments. So again, we wouldn't know about the grant until December if Council chooses to 1. approve the capital project and 2. to apply for this grant. So it's kind of like we need to get started now to hit the April timeline of when the ice comes up to move forward with the chiller replacement.”

Council moved several resolutions to the next business meeting on July 10 so that the group could vote on:

• Approving the $2.5 capital project to purchase a new chiller and evaporator system for the ice rink.
• Using a new county program that provides a one-time use of $5,000 for grant-writing services to pursue a Climate Smart Communities grant to offset the cost of the new chiller.
• Agreeing to apply for the Climate Smart Communities grant of $1,235,000.

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An announcement today by Sen. Charles Schumer, while in Pavilion to talk about dairy farms and the pending 2023 Farm Bill, that he has secured $670 million for New York to expand broadband access is good news for Genesee County, said Shelley Stein.

A dairy farmer, Stein is also chair of the Genesee County Legislature.

She said the county is committed to spending $7.2 million to run wire to 1,578 addresses (of about 31,000 address points) in the county that do not currently have access to high-speed internet. The county already secured a $3 million grant to cover part of the cost of the project, and the Legislature was concerned it would need to take on debt to fund the rest of the project.

"For us, it means, perhaps, we will not have to bond the rest of that, which is great news today," Stein said.

It's the furthest reaches of rural Genesee County that don't have broadband, and a big part of New York's share of the broadband funding will go to rural areas, Schumer said.

"This is the largest single investment in broadband history in New York," Schumer said. "It's game-changing. For too long, residents across New York State, from Buffalo to Rochester to Albany to rural areas in particular, like here where we're standing in Genesee County, have lacked sufficient access to fast, reliable, affordable high-speed internet."

Ensuring everyone has fast, reliable internet is as essential to communities today as electricity was more than a century ago, Schumer said.

"Broadband is for the 21st century," said the Senate's majority leader. "You need it everywhere. Your kids need it to go to school, our local hospitals need it to do telemedicine, individuals need it for their small businesses, and farmers need it so they can keep up with the latest weather and other reports that they so desperately need. We have had too many people who either don't have broadband or when they do, it becomes too expensive, so they can't afford broadband."

The state will need to present a plan to the federal government on how the $670 million will be allocated throughout the state and the Commerce Department will need to approve the plan, Schumer said.

"I fought very hard to make sure that broadband was in the bipartisan (infrastructure) bill," Schumer said. "It started out as the old-time bill with stuff for roads, bridges, highways, rail. That's needed, and it's in the bill, but I said, we also need broadband because that's part of the 21st-century way of commerce."

In his three years as the school resource officer in Pavilion, Deputy Jeremy McClellan has apparently made quite an impression on parents and students.

Parents and students have learned that the Pavilion Central School District doesn't plan to have McClellan back as SRO, and they've started an online petition drive to support his return and in online postings and in emails to The Batavian many said they plan to attend tonight's (Monday) school board meeting to protest his removal from the position.

More than 640 people have signed the petition on Change.org, and a few have stated their reason for supporting the petition.

After recounting how McClellan has impressed her children, and even talking one through some difficult times, Renee Gurbacki wrote, "Officer McClellan is so genuinely kind-hearted, and genuinely cares for the well-being and safety for each and every kid, in our district or out of district. Everything he did or does is to only make this place a better place. He is the perfect role model for each and every one of us."

Several parents have posted online about their appreciation of McClellan.

There has also been some misunderstanding expressed that Pavilion is eliminating the SRO program.  That's not the case, said Superintendent Mary Kate Hoffman. The district still has a contract with the Sheriff's Office to employ a deputy as an SRO.

Asked if McClellan was "fired," as many parents have phrased it, and whether he was told he wasn't a "good fit," as some parents have claimed, Hoffman did not directly address those comments. She provided The Batavian with the following statement:

The Pavilion CSD, in consultation with the Genesee County Sheriff's Office, announces the reassignment of School Resource Officer Jeremy McClellan. We express our gratitude for Deputy McClellan's valuable contributions to the Pavilion Central School District and to the community of Pavilion. Our collaboration with the Genesee County Sheriff's Office and the SRO program will persist, and we are thankful for their assistance during this period of change. As this concerns a personnel matter, the district will refrain from providing any additional comments.

The Board of Education meets at 7 p.m. 

If a popular fast-food restaurant chain has things its way, multiple properties — including the sites of Batavia Restaurant Supply and Beverly’s Floral & Gifts —  will be demolished in lieu of a bigger, wraparound establishment on a southwest corner in the city.

Hopkins Sorgi & McCarthy PLLC, representing Carrols Corp., has proposed moving the current Burger King, at 230 West Main St., Batavia, into space now occupied by 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a northern portion of 6 South Lyon St.

If approved, Burger King would replace and relocate the existing restaurant with a drive-through service, the company says.

The project site is zoned commercial C-2, and the company’s future plans would require a special use permit, the company said in a letter submitted as part of a concept plan review during Tuesday’s city Planning and Development Committee meeting.

The applicant and apparent Burger King franchise owner is Ken Mistler, and Hopkins Sorgi & McCarthy are expected to return to a future committee meeting on July 18 for further discussion about the project. Mistler was not available for comment Sunday.

UPDATE 6/27/23 12:30 a.m.: Ken Mistler said that the city goofed and erroneously listed him as the applicant of this project, though he is not. 

The current Burger King structure was built in 1977 and has an assessed value of $690,000.

Renderings from Hopkins Sorgi & McCarthy PLLC. 

Could your home use some TLC in the form of much-needed repairs?

The city wants to submit for a Community Development Block Grant to assist income-eligible, single-family homeowners with essential home improvements, and input is a crucial part of the process.

Assistant City Manager Erik Fix wants to hear from homeowners during a public hearing at 7 p.m. Monday in Council Chambers, second floor, City Hall.

“This grant, if we were awarded it, would coincide with our comprehensive housing strategy that we are in the process of developing.  It goes hand in hand with the Batavia Home Fund that the City, GCEDC and Town of Batavia signed an inter-municipal agreement to fund this past fall,” Fix said to The Batavian.  “The CDBG will provide funding for rehabilitation projects on owner-occupied, single-family home rehab projects throughout the city.  The hope is that when one neighbor makes improvements, others will as well, and the City can help foster rehabilitation throughout our communities.”

The Federal assistance Community Development Block Grant funds would enable homeowners to make home repairs with grant and deferred loan funding. Any single-family homeowner is encouraged to apply. The goal of the program would be to provide vibrancy to communities similar to recent improvements made to Summit Street to create vibrant transformations throughout the city.

This program will tie in with the city’s housing improvement plan and the recently created Batavia Home Fund. The process for CDBG applications involves one public hearing prior to the submission of any CDBG grant applications to provide residents with information about the CDBG program and to discuss community development needs and priorities.

In addition to the public hearing, Batavia city officials will be conducting a survey for city residents to understand the needs in the city. Surveys will be available on the city website, at Richmond Memorial Library, 19 Ross St., and at the City Manager’s office at City Hall. Surveys must be returned to the manager’s office by July 7.

The City will be partnering with LaBella Associates to complete the grant application, which is due August 7.

The hearing is part of a City Council conference session at City Hall. 

Stella is only six months old and she's missing in East Pembroke.

She took off on her own at about 3:30 p.m. on Sunday while at Crosby's in East Pembroke.

Stella is a Mastiff, weighs 70 pounds, and is described as "skittish."

She is wearing a pink collar. 

If you find her, call Jeff at 585-500-1436.

UPDATE June 27, 10:15 p.m.: Stella is found safe.  The owners were putting up a trail cam where she was last seen, and she walked up to them at that location.

Daniel J Bakowski, 42, of Ellicott Street, Batavia, was arrested on a bench warrant. Bakowski was arrested on June 12 on a bench warrant from  City Court. The warrant was issued on Feb. 14, after Bakowski allegedly failed to appear in court. Bakowski was originally arrested on Jan. 18 on charges of assault 3rd, criminal obstruction of breathing, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Bakowski was also charged with an additional count of bail jumping 3rd. He was arraigned in City Court and remanded to the Genesee County Jail on $2,000 cash bail. The arrest was handled by Officer Peter Post.

(name redacted upon request), 53, of South Main Street, Batavia, is charged with sexual abuse 1st, sexual abuse 3rd, and forcible touching. The Sheriff's Office released little information about the case, which was reported on June 1 and investigated by Stephen Smith and Deputy Kevin McCarthy. xxx was released on his own recognizance. (NOTE: The charges were dismissed. A grand jury found there was insufficient evidence to sustain the charges and returned a "no bill.")

Tommy L. Crawford, 34, of Walnut Street, Batavia, is charged with petit larceny.  Crawford was also arrested on a warrant from Pennsylvania as a fugitive from justice. He is accused of stealing from a business on East Main Street. In Pennsylvania, Crawford is accused of making terroristic threats, disorderly conduct, harassment, and solicitation of a ride. Crawford was jailed pending extradition. He was issued an appearance ticket on the local charge.

Christopher M. Waide, 31, of Bank Street, Batavia, is charged with harassment 2nd. Waide is accused of playing loud, amplified music and banging on his apartment walls with the intent to annoy and alarm a neighbor on June 14. He was issued an appearance ticket.

Lee Allen Baxter, 39, of West Main Street, Batavia, is charged with grand larceny 4th. Baxter is accused of stealing an electric bicycle from a residence on West Main Street Road, Town of Batavia, on June 12. Baxter was issued an appearance ticket.

Joshua Allen Grosskopf, 32, of Beaver Street, Albion, is charged with assault 2nd. Grosskopf was arrested in connection with an incident -- no details released -- reported at 12:50 p.m. on June 20 at a location on Bloomingdale Road, Alabama. He was arraigned and ordered held without bail.

Jeffrey A. Hewitt, 44, of North Street, Le Roy, is charged with DWI, aggravated unlicensed operation 1st, and failure to yield the right of way at a stop sign.  Hewitt was reportedly involved in an accident at Clinton Street and East Avenue at 9:25 p.m. on June 2. Officer Joseph Weglarski conducted an investigation and arrested Hewitt. Hewitt was held overnight in the Genesee County Jail pending arraignment. At arraignment, he was ordered held until his next court appearance.

Kevin M. McCoy, 56, of West Main Street, Batavia, is charged with criminal contempt 1st, criminal tampering 3rd, and burglary 2nd. Officers Richard Messmer and Adam Rissinger responded to a report of a disturbance on Ross Street at 6:37 p.m. on May 31. The complainant accused McCoy of entering her home while she was away, tearing down her curtains as well as dumping her garbage on the kitchen floor. McCoy allegedly violated a stay-away order. He was located a short time later and taken into custody. McCoy was arraigned in Centralized Arraignment Court. His release status is unknown.

Zoro Somano Reisman, 19, of Roosevelt Avenue, Batavia, is charged with robbery 3rd, two counts of grand larceny 4th, criminal possession of stolen property, and petit larceny. Reisman is accused of grabbing a wallet from a person's hands and running on June 17 at 10:45 p.m. at a location on Park Road, Batavia.  Reisman was held pending arraignment.

Lyndsay T. Young, 40, of Park Road, Batavia, is charged with criminal contempt 2nd and aggravated family offense. Young is accused of violating an order of protection on June 10. Young was issued an appearance ticket. 

Frank R. Cratsenberg, 62, no known address, is charged with petit larceny. Cratsenberg is accused of stealing beer from the Kwik Fill on Jackson Street, Batavia, on June 7. He was issued an appearance ticket.

Kody A. Wenzel, 30, of Brooklyn Avenue, Batavia, is charged with petit larceny. Wenzel is accused of stealing medication from a family member on June 8. Wenzel was issued an appearance ticket.

Susan M. Jordan, 60, of Prospect Avenue, Batavia, is charged with harassment 2nd. Jordan is accused of pushing another person during an argument on June 15 on State Street. Jordan was issued an appearance ticket.

Diana F. Curcio-Abou, 43, of Pittsford, is charged with DWI and speeding. On June 14, at an undisclosed time and location, Curcio-Abou was stopped by officers Sam Freeman and Felicia Martinez. Curcio-Abou is accused of driving with a BAC of .08 or greater. Curcio-Abou was issued an appearance ticket.

Sarah A. Malone, 41, of Graham Street, Batavia, was arrested on a bench warrant. Malone was arrested on June 14 on a bench warrantd out of City Court. The warrant was issued on May 19 after Malone allegedly failed to appear on charges of theft of services and criminal impersonation 2nd. Malone was arraigned and released. 

Jennifer J. Hogan, 32, of Rochester, was arrested on three bench warrants. Hogan was arrested on June 15 on three bench warrants out of City Court. All three warrants were issued on Aug. 18, 2020, after Hogan allegedly failed to appear in court. The first warrant is the result of an investigation into a robbery on Hutchins Street on Oct. 2, 2019, where Hogan was charged with robbery 2nd. The other two warrants stem from an incident on Oct. 18, 2019, where Hogan was charged with criminal possession of a controlled substance 7th, criminal use of drug paraphernalia 2nd, unlawful possession of marijuana and drinking alcohol in a motor vehicle, after a traffic stop on North Spruce Street in Batavia. Hogan was arraigned and remanded to the Genesee County Jail. The arrest was handled by Officer Austin Davis and Officer Felicia Martinez.

Latoya D. Jackson, 37, of East Main Street, Batavia, was arrested on three bench warrants.  Jackson was arrested on June 7 on three warrants out of City Court. The first warrant stems from an incident in June of 2022, on State Street, Batavia, where Jackson was charged with harassment 2nd. The second warrant stems from another incident in June of 2022 at an address on East Main Street, Batavia, where Jackson allegedly violated an order of protection and was charged with criminal contempt 2nd. The final warrant is the result of an incident in February of 2023, where Jackson was located, during a traffic stop, having several active warrants. Jackson allegedly fought with officers as they attempted to take her into custody. She was charged with resisting arrest. Jackson was arraigned in  City Court and remanded to the Genesee County Jail. The arrest was handled by Officer Stephen Quider and Officer Peter Post.

Mark John Kaszubski, 42, of Buffalo, is charged with driving while impaired by drugs, criminal possession of a controlled substance, and moving from lane unsafely. Kaszubski was stopped at 11:23 p.m. on June 9 on Route 20 in Alexander by Deputy Austin Heberein. Patrols were dispatched to Route 20 in Alexander after a caller reported observing a vehicle on Route 20 driving on a flat tire. Kaszubski was released on an appearance ticket.

Katherine Ann Goff, 34, of Byron Road, Byron, is charged with criminal contempt 2nd. Goff is accused of violating an order of protection at 1:45 a.m. on June 4. Goff was issued an appearance ticket.

Kelly P. Jones, 43, of 80th Street, Niagara Falls, is charged with harassment 2nd. Jones is accused of punching a Live Nation security guard at the Dave Matthews Concert at Darien Lake on June 14. Jones was issued an appearance ticket.

Drew Evan Lord, 27, of County Road 33, Campbell, is charged with driving while impaired by drugs, failure to obey a traffic control device, unsafe passing on left, and speeding. Lord was stopped at 7:25 p.m. on June 17 on Pearl Street Road, Batavia, by Deputy Mason Schultz.

Matthew Eric Price, of Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim lights, drinking alcohol or using cannabis in a motor vehicle. Price was stopped at 1:33 a.m. on May 6 on Stroh Road, Alexander, by Deputy Jacob Kipler. Price agreed to be transported to UMMC for a voluntary blood draw.  He was later arrested and issued an appearance ticket.

Gary Leigh Dewind, 53, of West Bergen Road, Bergen, is charged with assault 3rd. Dewind was allegedly involved in a disturbance at midnight on June 18 at a location on Indian Falls Road, Pembroke. He was held pending arraignment.

Elizabeth Autumn Ceiotto, 24, of Groveland Street, Buffalo, is charged with petit larceny. Ceiotto is accused of stealing at Darien Lake Theme Park at 9 p.m., June 18. She was issued an appearance ticket.

Devante M. Wells, 27, of Rochester, is charged with grand larceny 3rd and unauthorized use of a motor vehicle, and Jalen I. Brown, 22, of Rochester, is charged with grand larceny 3rd and criminal possession of stolen property. Wells and Brown were arrested by State Police in connection with an incident reported at 12:37 p.m. on June 24, in the City of Batavia. Wells was ordered held and Brown was released on an appearance ticket. No further details released.

Thomas A. Biaselli, 23, of Batavia, is charged with petit larceny. Biaselli was arrested by State Police in connection with an incident reported at 1:53 p.m. on June 22 in the Town of Batavia. Biaselli was released on an appearance ticket. No further details released.

Aidan D. Cooney, 20, of Bataiva, is charged with criminal trespass 3rd. Cooney was arrested by State Police in connection with an incident reported at 12:30 p.m. on June 22 in the City of Batavia. Cooney was released on an appearance ticket. No further information was released.

Brittanee J. Hooten, 34, of Batavia, is charged with petit larceny. Hooten was arrested by State Police in connection with an incident reported at 2:54 p.m. on June 22 in the Town of Oakfield. She was issued an appearance ticket. No further information was released.

A four-wheeler accident is reported in the area of 6683 West Sweden Road, Bergen.

The accident is in the woods.

Unknown injuries.

Bergen Fire and Ambulance, along with Mercy EMS dispatched.

UPDATE 3:04 p.m.: Bergen command on scene. Patient complaining of a broken hip.