At a gala night celebrating the holiday season -- with the movie theme "White Christmas -- and helping raise funds to benefit students at Genesee Community College through scholarships, Jeremy and Sandra Liles were honored as co-chairs of the 31st Encore event in the Stuart Steiner Forum.

Jeremy Liles is owner of Oliver's Candies in Batavia and Sweet Life Country Store in Elba.

The brief program was followed by a performance of the Genesee Symphony Orchestra.

Previously: Encore gala returns for 31st season to spread 'White Christmas' cheer

Town of Batavia Fire has been dispatched to Veterans Memorial Drive in Batavia following a report of a box truck on fire that is hauling mattresses.

UPDATE 1:42 p.m.: Fire is under control.

Calling it “a good market that just needs some work,” Robbie Nichols is ready to perform his baseball magic in Niagara Falls.

Nichols, owner of Can-USA Sports along with his wife, Nellie, (photo above) confirmed today that his organization has purchased the Niagara Falls Americans’ franchise of the Perfect Game Collegiate Baseball League and has signed on to manage Sal Maglie Stadium, the team’s home ballpark.

Can-USA Sports also owns the Elmira Pioneers and the Batavia Muckdogs, both members of the PGCBL. Nichols, General Manager Marc Witt and their staff have been credited for rejuvenating baseball in Batavia.

“Niagara Falls, I believe, is a good market that just needs some work,” Nichols said. “The gentleman that owned the team last year wasn’t returning and I think our league needs a team there.”

Last year, the team was called the Niagara Power and competed in the PGCBL’s West Division along with Batavia, Elmira, Jamestown, Auburn, Newark and Geneva.

Nichols said Niagara Falls’ leaders have committed more than $2 million for repairs of Sal Maglie Stadium.

“They put in a new turf field. It will be a very good-looking ballpark,” he noted, adding that Michael Gabriele, a former Niagara University baseball player, will be the club’s manager. He said the team already is signing players for the 2024 season.

City and state politicians reportedly are enthusiastic about the team’s prospects with Can-USA Sports on board.

“We are really excited to introduce them to the city of Niagara Falls and the Sal Maglie Stadium,” Mayor Rob Restaino told WIVB-TV.

State Sen. Rob Ortt echoed his sentiments, telling the television station that the Nichols team “chose Niagara Falls because of the stadium, because of the history, because they believe in Niagara Falls.”

“And hopefully that will inspire and tell a lot of other people here that we too should believe in Niagara Falls.”

Nichols announced that Niagara County Community College and D’Youville University baseball teams will play their home games at Sal Maglie Stadium next year. He said he plans to book many other events there, just as he does with Dwyer Stadium in Batavia.

When asked if he was stretching himself too thin – having to juggle the activities of three franchises, Nichols said he will continue to be “stationed” in Batavia once the season starts but will rotate among the three.

“I’ll probably be at 65 baseball games, working, so it will be a busy summer,” he said. “Nellie and I are excited about the new opportunity. It’s a market that needs work, but we’re not afraid of a little work.”

Nichols admitted he’s taking a financial risk as the Niagara Falls team did not attract many fans last year,

“Definitely, it’s a risk because it’s no Batavia. They weren’t drawing the crowds that we were drawing last year,” he said. “Everything’s a risk, but our staff – and how hard we work – I’m confident that we can turn Niagara Falls around.”

File photo: Robbie and Nellie Nichols by Jim Burns.

Press Release:

Please be advised that Jackson Street from Ellicott Street to Central Avenue will be closed for the duration of this week due to construction on the Jackson Street water project within the City of Batavia.

We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.

Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.

But when does complaining to government officials cross the line into harassment?

That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.

The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.

The Charge
Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.

The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication." 

In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.

A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."

In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted. 

"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."

Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.

Chain of Emails
The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence.  He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class. 

Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."

He invited parents to contact school officials with any problems or concerns.

A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.

She said AcceleratedU was not a "long-term solution" for a sub.  

"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.

"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."

Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."

He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."

Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.

She sent 16 emails over eight days. (The charging documents say 12 emails over eight days,  but The Batavian counted 16 emails sent by Long in response to its FOIL request.)

Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program. 

On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.

That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."

She wrote individually to Reigle and said, "What a very eloquent way to say,  'I don't care.' Thanks a lot. That was sarcasm.  Look forward to more emails until you DO SOMETHING."

In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."

In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m. 

"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”

Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."

Political Speech
Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.

"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."

The Batavian emailed several questions to District Attorney Kevin Finnell.  We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.

"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case.  Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."

As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.

In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down.  He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.

In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech. 

"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual.  While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."

Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.

"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."

Cases that involve the Supreme Court upholding conduct as speech:

• Stromberg v. California, which, in 1931, protected as free speech, the right to display a red flag;
• United States v. O’Brien, which, in 1968, protected conduct that conveys a message in a case where a war protester burnt his draft card;
• Texas v. Johnson, in 1989, protected flag burning as political expression.

Profane speech, in Cohen v. California (1971), is also protected.

District Response
The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case. 

Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law. 

Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.

"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."

Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.

"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."

To read the full Q&A with both Smith and Marucci, click here.

Prior Restraint
Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying. 

In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.

Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.

"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said. 

A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him. 

There are two other cases pending before the Supreme Court regarding government officials and agencies blocking communication on social media platforms. 

We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.

The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.

It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.

He said he would love to have a case he could take to the Supreme Court and win. It would help his career.  But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.

"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."

Chris Bailey of Batavia rolled a flurry of strikes in Genesee Region USBC league action this week, posting a 785 series in the Brighton Securities Tuesday Triples League at Mancuso Bowling Center.

The 42-year-old right-hander recorded games of 239, 279 and 267 on lanes 1-2 for his personal best series ever. He had 11 strikes in the second game and nine more in the third game to raise his average to 210.

Left-hander Nick Johnson popped a 269 game en route to a 740 series on lanes 3-4, raising his average to 224.

Other high scores for the week:

-- Geoff Harloff of Batavia rolled 745 and 758 on consecutive nights in the Toyota of Batavia 4-Man and the County Line Stone Friday Trios leagues at Mancuso's. Batavian Scott Shields led the way on Friday with a 767 series, while Haley Luce of Oakfield posted a 235 game and 649 series in that league.

-- At Rose Garden Bowl in Bergen, Kevin Gray Sr. spun 278--740 and Kevin Gray Jr. had 277--717 in the Thursday Owls League.

GRUSBC YOUTH DOUBLES WINNERS

Teams from Perry Bowling Center and StrikeForce Lanes in Oakfield placed first in the Genesee Region USBC Youth Doubles Tournament on Dec. 9-10 at StrikeForce Lanes.

In Division A (250 combined average and above), Mason Herman and Hunter Clark of Perry led the list of 11 teams with a 1,414 total with handicap. The boys each will earn $100 scholarships and a trophy.

In Division B (249 and under), Jameson Liles and Lukas Leddick of Oakfield led the way with 1,264 with handicap. They, too, will earn $100 scholarships and trophies. Eight teams competed in that division.

Scotty DiMartino, Cassie Piccione and Tom Burke used their stagecraft experience to put on a light show at DiMartino's residence on Woodrow Road in Batavia on Saturday evening.

Photos by Nicholas Serrata

Byron-Bergen was beat Saturday in Girls Basketball by Greece-Arcadia, 40-31.

Janessa Amesbury scored 12 points for the Bees. Oliva Senf scored nine.

Photos by Jennifer DiQuattro

Elba beat Jasper Troupsburg in Boys Basketball on Saturday, 56-33.

Angelo Penna led the way to victory with 24 points. Nicholas Scott scored 15.

Photos by Debra Reilly.

Buy online at https://redosier.com or by phone, (585) 343-6972. or stop on in. We’re open from 11 a.m. to 5 p.m on December 18th! Finish your holiday shopping with a gift everyone will love, a gift certificate to The Red Osier Landmark Restaurant!

Notre Dame topped rival Elba in Boys Basketball on Friday, 54-42.

For the Irish, Jackson Sherwood scored 26 points.  Makyell Walker scored eight.

For the Lancers, Nichols Scott scored 11, while Angelo Penna scored nine, and Ashton Bezon picked up eight.

Photos by Debra Reilly.

Oakfield lost by two points in closing seconds to Kendall on Friday in a Genesee Regional matchup at the Hornet's Nest, Oakfield.  

Kendall stunned the squad opening up the quarter, scoring ten straight to lead 16-11 after the opening quarter.

The Hornets battled back halfway through the second to come within four.  Oakfield's Kyler Harkness scored a bucket and got fouled to give momentum and maintain a four-point lead at the half, 29-25.

Both teams exchanged game leads in the third, and then Brent Mancuso scored a buzzer-beater to end the third, 48-45 Hornets.  

In the fourth quarter, the lead increased by eight to 58-50, and the Hornets were looking to get away with the game but got into foul trouble. Kendall chipped away with two plays that positioned them with a two-point lead with 18 seconds left in game regulation.  

Kendall won 62-60.

Avery Waterson scored 30 points for Oakfield. Kyler Harkness scored eight.

Oakfield is now 2-2 on the season and plays home versus Byron-Bergen next Wednesday at 7 p.m.

To view or purchase photos, click here.

Photos by Steve Ognibene

A man has reportedly exited a GMC SUV at Ellicott Street Road and Telephone Road, Pavilion, and is being chased by a female.

The male is described as mid-30s, white, blond, wearing a snowmobile coat and orange shirt.

Law enforcement is dispatched.

Press Release:

It was a faith-filled Second Sunday of Advent Sunday morning at Ascension Church at Resurrection and Ascension’s combined Faith Formation programs, with:

• Card making for nursing home residents
• Food and conversation
• Discussion about Church and family Advent & Christmas traditions
• Creating and blessing homemade Advent wreaths

As we all prepared for the birth of Jesus!

Submitted photo from Sunday's Faith Formation.

Winter Storm Elliott, a COVID pandemic, and some burnt turkey were some of the hurdles thrown in the way for Rick Mancuso and his crew to continue with their free Christmas dinners for the last 30-plus years. 

But those things never dampened the spirits of Mancuso, fellow organizer Joseph Teresi Jr. and their family members to prepare and serve up some turkey, mashed potatoes and fixings to hundreds of community members year after year, Mancuso said. And actually, the pandemic forced them to streamline the operation, which ended up serving even more people. 

“We used to do a sit-down when it was at Mancuso’s Restaurant. Then, with the pandemic, we did a drive-through at T.F. Brown’s. For the last four years, we have done it that way and served 350 meals,” Mancuso said. “Giving back is something I enjoy doing. Joe was involved from the beginning with everything. He and I have been friends since we were kids. My brother Ben was most instrumental when it began at Mancuso’s. Then, he ended up moving to Rochester.

“It’s great. I mean, I’m really happy and pleased that we have the opportunity to do it. And we’re thankful to the community that supports it. Christmas has a lot of meaning, to everyone,” he said. “It’s a wonderful time for us to be able to be grateful and thankful, and to try and help others that are interested in having a meal or a little cheer themselves on a day that maybe might not be as promising for them, happy for them.”

Community service has been a tenet of the Mancuso family, and the kids all watched and followed their role models, parents Benjamin — a larger-than-life staple of Rotary shows and member of the children’s foundation, Lion’s Club and other local organizations — and Mercedes, by also getting involved. Rick, his wife Julie, their children and now their grandchildren have all evolved into the tradition of either prepping, cooking, packaging, handing out and/or cleaning up the Christmas meal every Dec. 25. 

“They all set aside their Christmas Day, knowing that we do this first, and then we get together as a family, with our dinnertime at four o'clock or so,” he said.

Teresi, his wife Mary Beth, and his family have also all been integrally involved in the process. It was at Teresi’s nudging that Mancuso talked about the 30-plus anniversary, though Mancuso couldn’t help but joke that his good friend was out of town and unavailable to share in the interview.

Another component is T.F.’s staff, which helps out to prepare the meal in the days leading up to the dinner, Mancuso said. It’s definitely a team effort, he said. 

“A large part of it is, they do a magnificent job of prepping it all,” he said. “I may come in the morning and get it all ready, but they spend up to Christmas Eve prepping it all.”

How much are we talking about? More than 100 pounds of turkey breast, 150 pounds of mashed potatoes and stuffing each and about the same of cranberry sauce. While that traditional crimson holiday sauce has been debated about whether it comes from a can or is made fresh, Mancuso isn’t ambivalent: “Ocean Spray makes a great cranberry sauce,” he said. 

Some vendors donate products while T.F.’s covers the remainder of the cost. The event is “open to anyone and everyone,” he said and predominantly attracts families with some couples as well.

When asked if it seems as though it’s been 30 years, he initially said, “It doesn’t seem long.”

“But when you think about it, it is long,” he said. “When you see the kids growing up, that’s when you notice the time. I hope that I’m passing on the legacy my mom and dad passed on to us, in terms of being involved in your community, helping others, lifting others, I think that’s important. And when I’m gone, hopefully, they continue to do the same in their community. It doesn’t have to be this, whatever it may be.”

Another sign of the times is the prices — of food, deliveries, gas — “things have certainly changed through the years,” he said. But that hasn’t been the focus of these dinners. No way he could tally the vast amounts of volunteers who have pitched in to help — hundreds, he said — that included the Lions Club early on. 

Snafus? There’ve been a few.

“One year, I burned the turkey, mom was with me,” he said. “ We pulled a rabbit out of our hat. It’s a great day, and you overcome.”

They have also overcome terrible weather — the blizzard of 2022 when most all roads were shut down — and the coronavirus that caused even more severe shutdowns for restaurants and schools and government buildings. That’s when Mancuso shifted to outdoor food service, along with other restaurants, and it ended up being a mixed blessing that catered to more of the community.

“We would have had to be here from morning to night to serve that many people,” he said. 

They went from sit-down dinners of around 80 at a time to two shifts of about 200 packaged meals at a time delivered to one’s vehicle outside the East Main Street site. Mancuso also has a raffle of a couple of bicycles for kids for an extra fun bonus.

Letters go out to the local schools to let people know about the dinner, and pre-registration is required so that organizers can be prepared with enough food. Register by Tuesday with Tammy at 585-345-1000 or email tammy@mancusorealestate.net. Select either noon to 1 p.m. or 1 to 2 p.m. pick-up time, and include last name, phone number and number of adults and children.

T.F. Brown’s is also hosting its annual Ugly Sweater Contest from 5 to 8 p.m. Thursday at 214 E. Main St., Batavia. Bring a new unwrapped toy to benefit Don Carroll’s Toys for Kids, and you will receive a free beverage. Entertainment will be provided by the DSP Jazz Trio. 

There have been signs of life at Ellicott Station, if for no other reason than to button up the property just before it officially becomes winter. 

Construction vehicles have been parked on the premises, and Public Works Director Brett Frank confirmed that staff has observed a few subcontractors who were “closing up the building and moving materials in preparation for winter weather” the past week or two. 

The Batavian has been regularly checking in with City Manager Rachael Tabelski for any updates about the property, and she was told by investors that "the building would be winterized," she said.

"HCR, the bank, and the investors continue to work on a takeover/transition plan with other interested housing developers/operators," Tabelski said. 

HCR is the state Department of Housing and Community Renewal. 

The Ellicott Street property has been fairly dormant since late August when former developer Sam Savarino announced that he was closing his Savarino Companies. There apparently won't be any further construction on the apartment complex until a new developer is in place, and tenants that were chosen for the 55 rental units have been advised a while ago by Savarino's management company to find alternative housing. 

The Batavian had also asked Tabelski for a response to how Ellicott Station seems to be representative of what some communities are fearful may happen to them -- the town of Pembroke as one example -- and is named as some type of icon of doom that other developers don't wish to be compared to. 

"Respectfully, I think the characterization of Ellicott Station as the 'icon of doom' is overdramatic," Tabelski said. "I understand there is disappointment with the project, but our strong hope is another developer will see this as an opportunity to invest in our city.  The final verdict on the success of this project is still out. 

"The city is focused on moving forward, working on creating housing that adds tax base and gives middle and higher earners the products they demand, as well as active seniors, who want to move to apartments/condos with less maintenance," she said.  "The (Batavia Development Corp.), with participation from the GCEDC and city, hosted a very successful developers tour on (in late November).  There remains a lot of interest in developing projects in our city."

The Genesee Community College Foundation hosted its 31st season of Encore on Friday in the Stuart Steiner Forum.

The gala, sponsored by Tompkins Financial, helps the foundation raise money to support student scholarships.

This year's co-chairs were Jeremy and Sandra Liles. The theme of the event took its inspiration from the 1954 classic holiday film, "White Christmas." 

Genesee Symphony Orchestra performed a selection of holiday favorites.

Jeremy Liles is a native of Genesee County, the owner of Oliver's Candies and Sweet Life Group, its parent organization, and has managed Oliver's Candies for over 20 years. Jeremy is actively involved in his local community and currently serves on the Genesee County Chamber of Commerce Board of Directors and has served on the Batavia Town Planning Board. Sandra is a New Hampshire native who moved to Genesee County in 2005. 

Sandra opened Sweet Life Country Store in Elba and has managed the operation for the past five years. She says she enjoys working with many different local product vendors and artisans to make their wares available to the public at this store, as well as partnering with other local businesses to benefit the community. Jeremy and Sandra reside in Batavia with Tahlia, the youngest of their three children.

These photos capture the cocktail hour and dinner service. The Batavian anticipates further coverage on Monday.

Genny the cow, in a field near her barn, looked up at the sun over Genesee Farm. While the pig rolled in the mud and the horse pranced nearby, Genny just stood there, transfixed by the sky. What are you wearing? The dog asked with a bark. “I need these safe glasses until it gets dark.”

If you have already purchased your copy of “Genny Sees The Eclipse,” this charming introduction will be familiar, as it leads the way, along with a bunch of whimsical animals, to learn more about a total eclipse that’s nearing our world right on April 8, 2024, right here in Genesee County.

As for the cow, horse, pig, dog, and many other creatures that will also need some help to understand why it has suddenly gone dark in the middle of the day, at least four local rescues — all of which will benefit from the sales of this book — will be there for their occupants’ once-in-a-lifetime moment.

Volunteers For Animals is a longtime nonprofit staple based in the Genesee County Animal Shelter at 3841 W. Main Street Road in Batavia. Vice President Shanna Shaw, who says that her more prominent role of late is as kitten coordinator due to so many pregnant cats in the community, acknowledged the heavy and constant need for both cats and dogs, but with a special emphasis on felines at the moment.

“There are about 40 cats and kittens in the foster care system,” she said. “Resources are always needed, people coming to help clean is a need. So it's just a matter of cleaning, feeding, caring for the animals, and doing the daily operations that you need just to get started for the day. We need people to come and help with cleaning and feeding the animals, scooping litter pans, and exercising the dogs, that in the morning seems to be we're having challenges with keeping up with that,” she said. “And then just like the typical supplies like bleach and laundry soap for a high energy machine. We probably do seven or nine loads of laundry a day. So we go through a lot of that. Clay cat litter is always welcome, as well as canned dog food. So those are some of the things usually on our wish list. But you know, having more people willing to come in and clean is one of our more immediate needs.”

Actually, human hands to help out is a need at each one of these shelters. And as for the book fundraiser, monetary proceeds will go toward the animals’ medical needs and/or a spay and neuter program to help reduce the animal population and even more unwanted four-leggeds.

Shaw talked about Loki, a cat who came to the shelter pregnant with six babies. One of them did not survive, and another has been adopted. Four of her kittens are now up for adoption and just waiting to be taken into a warm, snuggly home.

If you are interested in volunteering, call 585-343-6410, Ext. 7, and ask to speak with Animal Control Officer Catherine Seward or Sarah Fountain. For more information about the animals or shelter, go to vol4animals.org.

On the other side of the county with four-leggeds just a little bit bigger and taller — well, a whole lot bigger, heavier and taller — is Maryland, a Haven For Horses, at 8132 W. Bergen Road in Le Roy.

The nonprofit is Founder Maryanne Arena’s dream come true, and it “promises horses a safe and dignified retirement after racing,” she said.

“What makes MaryLand different is that we do not rehome,” she said. “Once a horse is accepted here, it will live out its natural life on the farm. We had 10 horses, but we were able to reunite an original owner with two of her former racehorses. We have two slots open and had hoped to fill two stalls for Christmas, but we need help.

“Our horses are stabled and it costs a great deal of money to stable horses during the winter months. We are constantly fundraising,” she said. “The money will definitely go to the care and maintenance of the horses, and fencing repair, and the goal is to fill the two stalls.”

The money raised from book sales will go toward giving two Standardbred horses “a safe home for life.”  For more information, go to marylandhorsehaven.org.

Just to the northwest of that is Mockingbird Farm Sanctuary at 5978 Upper Holley Road In Byron.

Jonell Chudyk co-founded the nonprofit with Jon Tedd to provide, as the name implies, a sanctuary for creatures of all various types, with a compassionate heart and loving touch for their ultimate comfort through the remainder of their lives.

From Ferris and Forest to Barnaby, Anne and Gilbert, the goats, miniature donkeys, pigs, chickens,  cows, geese and others that have a comfy niche carved out on the Upper Holley Road property, they have what Chudyk believes is a mutually beneficial and responsive relationship with their human caretakers in this corner of a world of kindness.

None of it happens without cost, both time and money, it takes $6,000 a month to care for the animals, with vast amounts of hours of cleaning, feeding and caring for the sanctuary animals, Chudyk has said.

The farm has two holiday wish lists at Chewy and Amazon and has an ongoing goal this year to raise $15,000 to buy hay for the winter season. Volunteers are always a need for the daily care — scrubbing and filling bowls and buckets with food and water, cleaning their beds, providing for medical needs, and other such tasks, while also enjoying the critters’ individual personalities, of course.

“Mockingbird Farm Sanctuary embodies true peace and sanctuary for the living beings in our company,” the co-founders say.

For more information, go to mockingbirdfarmny.com.

Cherry Hill Farm Sanctuary, at 2514 Genesee St., Corfu, began as a refuge for senior horses that were discarded after years of work. 

“Over the years, we have grown. We now take in a multitude of farm animals, including goats and fowl, but our focus is senior workhorses, founder Pam Harmon said.

“Currently, the farm is working to add a goat barn that will move our goat herd from the horse barns to their own space.  As we have grown, taking in animals other than the horses has been challenging.  We are hoping to divide up our indoor space so that it is easier to turn out horses and not need to move our entire goat herd to do so,” Harmon said.  “Along with that challenge, winter is always a challenge with senior animals.  The horses are moved off the big pastures and turned in at night.  Several have special dietary requirements due to lack of teeth, and the cold makes it harder to do our everyday chores.”  

The money raised from the book will be used to help update some of the farm’s fencing for the blind horse herd, which includes Jerrit, an elderly Belgian who has no eyes. Blindness is not a rarity on the farm, as there are several blind draft horses there — “it is one of our soft spots,” she said. 

“We currently have three draft horses that are fully blind.  Jerrit an elderly Belgian, had his remaining eye removed due to cancer.  He was our first draft horse that we took on that had a missing eye,” she said.  “We quickly learned that even though he was missing an eye, it did not hinder him from doing everything a horse should be able to do.” 

For years, Jerrit was the leader of the sanctuary’s large herd, but a few years ago, Jerrit started showing signs of cancer in his remaining eye.  It quickly progressed, and he had to have his remaining eye removed.  “This was not an easy decision for us, we wanted to make sure Jerrit could still have a good quality of life without his eyes,” she said.  “We decided that we would take the chance, and if Jerrit did not acclimate to his new life, then we would have him humanely euthanized. 

“He has proved to us that a horse without any eyes can still enjoy their life.  We have modified a pasture for his needs, and up until this year, he lived with Bess, who never left his side.  Bess passed this Fall, and we have been working towards finding another companion from the herds for Jerrit,” she said. “Fletcher and Jake suffered from accidents while in work that left them blind; they came to CHFS this Fall. We also have NaLady and Callie, who have had one eye removed due to cancer.” 

For more information, go to cherryhillsanctuary.org.

On nights in the stalls when the grand calves won’t sleep, to help them drift off, Genny doesn’t count sheep. She tells them again of the glorious sight: the eclipse, when the moon turned the day into night.

To get your copies of this limited edition children’s book — perhaps for a Christmas, holiday or simply as a commemorative gift while also helping out these rescue organizations — go to the Chamber office at 8276 Park Road in Batavia or online at https://shop.geneseetheeclipse.com. You can save on shipping costs by picking it up at the Chamber Visitor Center. 

Press Release:

GO ART! is asking the community to submit stories for our antique photos in our new Bethany Arts & Antiques Gallery.

Our executive director has painstakingly procured many antique black and white and reverse colored photographs in antique oval frames, numbered them and put them on display in our newest gallery. We are asking the community members to stop in to GO ART! check out the photographs and if you are so moved submit a story about one or more of the photos. 

After GO ART! staff reviews each story we will publish one for each of the photographs to our website. These stories can be created in your imagination or a memory about a relative. Either way, visit our website at https://goart.org/baagallery/ or come in and scan the QR code in the gallery to submit your story.