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Meet Batavia's 'Cupcake Lady'

By Howard B. Owens

Yvonne Burgess has a real talent -- she can turn an ordinary cupcake into a work of art.

She stopped by The Batavian office Thursday afternoon to show of the decorative "flower box" of cupcakes she had with her and showed off mobile phone pictures of several other designs she's come up with.

The owner of Fry Dogz, a mobile food service, Burgess is looking to expand her business to offer customers cupcakes designed to fit any occasion.

"I feel a lot of enjoyment making these," said Burgess, explaining why she would like to make this speciality her primary business.

She would like to open a retail location, offering other baked goods, as well, in Downtown Batavia, but first, she said, she needs to demonstrate that she can make money making cupcakes.

A cancer survivor (she said she had a brain tumor), she said she's recently found it easier to work for herself, and making beautiful cupcakes is what she enjoys doing most.

"I couldn't find work that suited me (after getting cancer) and this does," Burgess said. "I love creating things and helping others. That's just me."

To contact Burgess, call either 585-591-7911 or 585-861-0414.

Genesee County's bed tax for 2010 shows positive trend

By Howard B. Owens

In 2010, bed-tax revenue returned to normal, said Kelly Rapone, director of tourism and marketing for Genesee County.

After abnormal years in 2008 and 2009 -- when first a lot of construction drove the revenue numbers up to record heights, and then a recession and bad summer weather caused revenue to plummet -- 2010 put revenue back on the growth track of previous years.

Not every hotel did equally as well. Darien Lake Theme Park grabbed most of the revenue and the growth. But overall, last year was a good one for Genesee County tourism.

"It was a really good season, but it was a mixed bag," Rapone said. "The bulk of the number is driven by Darien Lake. They were going gangbusters this summer, while some other hotels were down a bit."

Recently, Darien Lake added 24 "Brown Bear" cabins, which can sleep up to eight and offer extra amenities, as well as added other accommodations. The Darien strategy has been to try to keep guests on site.

"The did keep a lot of business," Rapone said. "I would say eight of 10 calls we got here were from people wanting to stay on the property."

In all bed-tax revenue in 2010 was $356,133, up slightly from the last "normal" year, 2007, when it was $350,435.

While Darien Lake accounted for about one-third of the bed-tax revenue, the theme park also did a lot to bring people into the county, which helped a lot of other businesses.

The concert season was "awesome," Rapone said.

"If you were anywhere in Western New York, you couldn't escape the advertising for Darien Theme Park," Rapone added.

Man in maroon sedan exposes himself at coffee stand

By Billie Owens

A man exposed himself, sometime within the last hour, to the worker inside the Hot Shots coffee drive-thru on East Main Street in Batavia, according to police.

They are looking for him now. He is described as a white male, wearing a hoodie with a Yankees baseball cap. He is driving a 1999 Ford Contour. It is a four-door sedan, color is maroon/burgundy.

His address is listed as a P.O. Box in Batavia.

Opening gala showcases Batavia Players' new theater on Harvester

By Daniel Crofts

(Please note additional information added on Jan. 10 below the story and pictures.)

Ever since he was a 10-year-old boy putting on plays with his friends in the basement of a church -- with no audience but themselves -- Patrick Burk dreamed of having his own theater.

"I asked my grandpa for $500 to set up a theater in Mumford," Burk said. "Because for some reason I thought that was how much it would cost."

Grandpa said no, so he had to wait 44 years.

Fast forward to the present day: Burk is board president for the Batavia Players, which are 95 percent finished establishing their new theater in the historic Batavia Industrial Center on Harvester Avenue (see last year's story for background information).

An opening gala was held at the new theater last night. Attendees got to tour the grounds, listen to some music, and enjoy some refreshments. 

Burk is pictured above, addressing those in attendance from the stage of the three-quarter round theater. He said that while there is still work to be done, "we did pass inspection (which is a big deal in Batavia)."

This met with laughter and applause.

The following are pictures of the new theater space, including the black-box stage, the costume storage room, meeting room (where actors can gather to rehearse) and refreshment room.

There is also a box office at the front of the building.

By all accounts, this was (and still is) a labor of love. A total of roughly 30 volunteers spent, according to Burk, "literally hundreds of hours" -- sometimes working from 8 a.m. until midnight -- to convert this industrial space into what it is now.

Just to give you an idea of how much work was required in this endeavor, here are a couple pictures of a part of the building resembling what the space looked like before:

The first performance set to take place at the new theater is "Love Lines," a play that Burk wrote himself. 

"It consists of a series of vignettes dealing with how different people have experienced falling in love," Burk said.

Characters range from Nancy Reagan to Burk's own parents, and from couples who write love letters to one another for years to couple's who don't even know one another until they've gotten married.

Performances are set for Feb. 11-14.

"Love Lines" will be followed by:

  • Shakespeare's "The Tempest," set to be performed March 17-19
  • "Rent," May 19-21
  • "On Broadway" -- featuring music from "The Lion King," "Aida," "Sweeney Todd" and "Spring Awakenings" -- June 23-25
  • "Cats" Aug. 18-20
  • "Three from Tennessee" Sept. 15-17
  • Dickens' "A Christmas Carol" Dec. 14-16.

APPENDIX: The Artisan Center

The new theater is part of Harvester's Artisan Center, which is home to others with similarly artistic interests. Some of them were at the gala last night, including:

Susan Meir, of Susan Meier Photography

Colin Dentino, of En Garde Fencing.

(UPDATE Jan. 10): Some of our readers had questions after reading Thursday's, "Opening gala showcases Batavia players' new theater on Harvester."

Here's some more information:

  • Seating/Capacity: The new theater seats between 100-140 people.
  • Ticket prices: These will vary depending on the show. The first play to be performed in the Harvester location will be an Honesty Theatre performance (click here for more information on this group) on Jan. 22; admission will be $10 per adult, $8 for children and seniors.
  • Theater hours: At this time, according to Batavia Players' Board President Patrick Burk, the space is only open for rehearsals and performances. Burk hopes, eventually, to have people working there "around the clock" on various projects. 
  • To read more about the new theater space, visit www.bataviaplayers.org/new-theater-space.

Local entrepreneurs plan teen nightclub at former gym location on East Main

By Howard B. Owens

Tim Walton, the 21-year-old entrepreneur behind Top Line Shirt Company, is planning another business venture.

He and a partner, Mike Marchese, are planning to open a teen nightclub at 624 E. Main St., Batavia, in the spring.

The building is owned by Ken Mistler and once housed his gym, which is now located at the corner of East Main and Jackson streets, downtown.

Impulz Teen Nightclub is expected to open in the spring, Walton said.

The space is 7,350 square feet and Walton said it is already well set up for a DJ booth and dance floor.

The club will cater to teens in high school and middle school and be similar to iTeen, a popular nightclub in Buffalo that draws young people from throughout the region.

Walton said he first conceived of the idea when was 18 because he and his friends felt there weren't enough entertainment options in Batavia. But until now, he said, he couldn't afford to open such a venue.

To avoid the need of a loan to fully fund the venture, Walton turned to Marchese as a business partner to help get the doors open.

There will be extensive renovations inside the building before the club can open, Walton said.

Originally, Mistler intended to put a nightclub in the space, Walton said, but Mistler has become busy with his business ventures downtown, which include The Daily Grind, Next Level Fitness and South Beach Restaurant. Mistler has been providing advice and pointers during the start-up process, Walton said.

Police Beat: Batavia resident accused of burglary in Byron

By Howard B. Owens

Nicholas Adkins, 20, of West Main Street Road, Batavia, is charged with burglary, 2nd. Adkins allegedly forcibly entered a house on Swamp Road, Town of Byron, and stole money. Adkins was jailed on $5,000 bail.

A 17-year-old resident of Transit Road, Elba, is charged with endangering the welfare of a child. The youth is accused of becoming physically abusive toward a 14-year-old boy while the boy was in the area of 430 E. Main St., Batavia. The Elba youth may be eligible for youthful offender status.

David Paul Bartholf, 19, Kelsey Road, Batavia, is charged with unlawful possession of marijuana. Bartholf was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves at 4:58 p.m., Nov. 11.  Bartholf was allegedly found in possession of a marijuana pipe.

Gregory Seppe, 52, no permanant address, is charged with petit larceny. Seppe is accused of shoplifting from Dollar General at 8:08 p.m., Wednesday. Seppe was jailed on $750 bail. (For previous reports on Seppe, click here.)

Donna M. Croft, 57, of 56 Buell St., Batavia, is charged with petit larceny. Croft is accused of trying to hide several items of merchandise from Dollar General  in her purse. The alleged crime was reported at 9:54 p.m., Wednesday.

Two-car accident with minor injuries on Route 19, Le Roy

By Howard B. Owens

A two-car head-on collision as been reported in front of Orcon Industries, 8715 Lake St. Road, Le Roy.

The initial caller reported it was a low-speed impact, but there are apparently minor injuries.

Traffic is being shut down at Route 19 and West Bergen Road.

There are fluids in the roadway.

Le Roy Fire and Ambulance responding.


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Batavia man sentenced in child porn case

By Howard B. Owens

A Batavia man who admitted in federal court to storing and receiving sexually explicit images and video involving children is being sent to prison for five years.

Samuel W. Nigro, 33, was sentenced today in U.S. District Court by Judge Richard J. Arcara.

Nigro was also ordered to pay $2,000 in restitution to two victims and will be on supervised release for five years after his prison term is completed.

In December 2009, the Nigro's computer was seized during the execution of a search warrant at his residence. A forensic analysis revealed a total of 5,239 images and 113 videos of child pornography stored on the computer.

Cuomo promises to cut taxes; local leaders react to State of the State message

By Howard B. Owens

Newly minted New York Governor Andrew Cuomo delivered his first State of the State message today and came out strongly against taxes:

The New York Times:

Mr. Cuomo proposed to freeze the salaries of the vast majority of public employees for one year, to limit new spending to no higher than the rate of inflation, to limit school property tax increases and to “hold the line” on taxes in general.

“New York has no future as the tax capital of the nation,” Mr. Cuomo said. “Our young people will not stay, businesses will not come, this has to change. Put it simply, the people of this state simply cannot afford to pay more taxes, period.”

Cuomo pledged to cut spending, consolidate agencies and reform programs such as Medicaid.

We've been receiving reactions today from local leaders. Their full statements after the jump:

Assemblyman Steve Hawley:

In today’s State of the State Address, the governor acknowledged the dark times ahead, but looked to a brighter future on the horizon. Many of his cornerstone proposals, from a property tax cap to an independent redistricting commission, have been advanced by the Assembly Minority Conference for years.

What we must do now as state legislators is change the way we operate in Albany and run state government like a private-sector business. We need to find savings in the state budget through consolidating state agencies and ending optional Medicaid programs that other states do not offer.

Unfunded mandates that force localities to raise property taxes and drive our families across state lines must be repealed immediately. Powerful job-creating programs like IDA’s need to be embraced, not ignored. I am eager to work with the governor to accomplish these goals that will improve the quality of life for Western New Yorkers.

State Senator Mike Ranzenhofer:

Today, the Governor’s State of the State address echoed opinions of so many New Yorkers, including myself – especially for the state to close the budget deficit, impose a property-tax cap, and create private-sector jobs. 

I have been an outspoken advocate and introduced legislation on many of these issues during my first term and I am pleased to hear the Governor make them his major legislative priorities.  More importantly, New Yorkers have been demanding property tax relief and a smaller and leaner State government over the past few years as well. 

As the 2011 Legislative Session begins, the governor and legislature have an opportunity to turn our state’s fiscal and economic future around. I am eager to begin working with the governor and my senate and assembly colleagues during the 2011 Legislative Session.”

Steve Hyde, director of the Genesee County Economic Development Center:

The governor’s message today was one of change, coming together, and hope for a prosperous economic future for the Empire State. During his State of the State, Governor Cuomo mentioned his idea of creating 10 Regional Economic Development Councils (REDC’s) throughout the state which will be chaired by Lt. Governor Bob Duffy. 

Steve Hyde, President and CEO of the Genesee County Economic Development Center (GCEDC), was impressed with the Governor’s message. “I’m optimistic that the REDC’s will help foster job growth and benefit Genesee County. The private industry uses pay-for-performance and competition to drive success and I think that our state will succeed through rewarding performance.”

He continued “… if done right the REDC’s have potential to better integrate the GCEDC’s regional partners, including Greater Rochester Enterprise and Buffalo Niagara Enterprise, with the development communities, local governments, and the state’s Economic Development Agency. These ongoing partnerships will lead to more efficiency and development for all of Western New York.”

Genesee County has continued to grow and strategically invest to develop shovel-ready industry specific sites for medical devices, food processing, distribution logistics and high-tech advanced manufacturing companies. A mega site, Western New York Science, Technology, Advanced Manufacturing Park (WNY STAMP), is under development in Genesee County, Alabama, NY and has the ability to transform Western New York.

Hyde is convinced that STAMP will be a contender in the competitive funding pool that the governor announced. Funds will be allocated to the most innovative and creative regional job creating initiatives. The WNY STAMP project and the Buffalo East Tech Park in Pembroke, NY, have the potential to bring 11,000 jobs directly into Genesee County and add an additional 27,000 jobs through the supply chain impact between Buffalo and Rochester. Potentially, the REDC will assist to promote WNY STAMP and bring the project to a reality for Western New York.

New York Farm Bureau President Dean Norton:

Governor Cuomo's property tax cap plan is a much needed New Year's resolution for New York State farmers.

Because of our land holdings, property taxes are killing us. We love the governor’s plan to cap taxes at 2 percent. Also, we love the cap because it's coupled with a recognition that long-term restructuring is needed to Medicaid, government consolidation and education reform.

Equally exciting is his mandate relief program, which will help shrink the massive tax burden local municipalities are forced to levy against its residents and businesses.

The governor made it clear today, as he did throughout his campaign last fall, that agriculture will be a central factor in his effort to revitalize the economy.

We are grateful for his vow to help get more New York-grown food into the New York City market. This is a no-brainer. This idea will benefit farmers as well as city residents who will have greater access to fresh local produce and dairy products.

We applaud his support to renovate the Hunt’s Point Terminal Market, which is a vital resource for farmers to deliver produce into the New York City market.

We’re looking forward to working with Lt. Gov. Duffy in his role as advisor to regional economic development councils. He’s already visited my farm and many others over the past several months. He has demonstrated a clear recognition of agriculture and its role in the economy and culture of Upstate New York and Long Island.

Governor Cuomo and Lt. Gov. Duffy have pledged their commitment to the farm families of New York and we’re looking forward to working with this exciting new administration.

Bergen man accused of 10-month crime spree

By Howard B. Owens

UPDATE: The original press release on this said Brett M. Blair would be in court on March 11 for "sentencing." But the release didn't include any information indicating that he had entered a guilty plea to any charges. After the initial post, I spoke with Sgt. Steve Mullen of the Genesee County Sheriff's Office and Blair and his attorney were in negotiations on a plea arrangement -- with Blair agreeing to detail his criminal activitiy -- prior to his arrest on Tuesday. So, the March 11 appearance will be for sentencing. His sentence on all charges will run concurrently. Further details on the plea arrangement are not available at this time.

--

A 27-year-old Bergen man has been charged with multiple felonies following an investigation by local and state law enforcement agencies into a series of crimes.

Taken into custody Tuesday was Brett M. Blair.

Blair is charged with:

  • Burglary, 2nd. Blair is accused of breaking into a Route 33, Town of Batavia, home Oct. 15 and stealing cash and jewelry. He was arrested on this charge by the Genesee County Sheriff's Office.
  • Burglary, 2nd. Blair is accused of breaking into a home on North Street, City of Batavia, on Oct. 22, and stealing electronic equipment. Batavia PD arrested Blair on this charge.
  • Grand larceny, 4th. Blair is accused of reporting a burglary to his residence on March 3 claiming that $2,475 in electronics and cash were stolen. Police say he had actually stole the items himself and filed a false report. Batavia Police made the arrest on this charge. (UPDATE: Blair was a resident of the city, on Lyons Street, at the time of this offense.)
  • Criminal mischief, 3rd. Blair is accused of breaking a window of an East Main Street business on Oct. 4. Batavia PD made the arrest.
  • Identify theft, 1st, and forgery, 2nd. Blair is accused of using a credit card stolen from his employer and using it at Kmart. The alleged crimes occurred between August and September. Blair is also charged with petit larceny. State Police arrested Blair on this charge.

A Sheriff's Office press release says that the three law enforcement agencies involved pooled their resources to help identify Blair as the suspect and make the arrests.

Blair was already in custody for unspecified reasons at the Monroe County Jail. 

After being taken into custody, Blair was arraigned in the town and city courts of Batavia and then brought before Judge Robert Noonan in Genesee County Court. He was returned to Monroe County Jail and is scheduled to reappear in county court at 1:30 p.m., March 10.

Perry and Notre Dame dominate in first round of Rotary tournament at GCC

By Howard B. Owens

Perry and Notre Dame will move on to a finals match in the 2010 Batavia Rotary Girls Basketball Tournament at GCC on Thursday.

Both squads won by big margins in first-round action Tuesday.

Perry beat Batavia High 50-31 and the Lady Irish overcame Alexander 60-44.

A few more pictures after the jump.  A total of 75 photos are available for sale by clicking here.

Police Beat: Oakfield resident accused of drowning cat

By Howard B. Owens

Adam M. Kreutz, 22, of Fisher Road, Oakfield, is charged with aggravated cruelty to animals, a felony, and criminal mischief, 4th. At 4:40 a.m.,Tuesday, while in the Village of Oakfield, Kreutz allegedly drowned a family cat. He was jailed on $5,000 bail.

Jeffery Leonard Wheeler, 18, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Wheeler is accused of visiting a residence he is barred from visiting by court order. Wheeler was jailed on $2,000 bail.

Driver who hit fire truck accused of marijuana possession

By Howard B. Owens

A driver whose car hit a tanker truck as it pulled up to a fire hydrant to refill while crews battled a fully involved house fire on Broadway in Darien was charged following the accident with unlawful possession of marijuana.

Wallace Eugene Urf, 33, of Pavilion Center Road, Pavilion, was allegedly found in possession of marijuana by Deputy Lonnie Nati who investigated the accident.

Urf was reportedly uninjured in the accident, which occurred at 2:31 p.m. Urf's car hit Attica Engine 7 while the tanker was refilling to help fight a fire at 1081 Broadway Road.

After the accident, a firefighter was heard on the scanner to say Urf's car "blew through the intersection at Harlow Road" and struck the rear of the truck.

The Sheriff's Office press release listed no other charges.

Route 20 open now, all fire units cleared in Darien

By Billie Owens

Route 20 from Harlow Road to Route 77 is now open. For several hours, that portion of the roadway was closed to fight a house fire on Route 20 near Warner Road. Darien Fire Department is clearing the scene. All units are back in service.

Elba gets dinged in state audit for use of cash from scrap sales

By Howard B. Owens

As soon as the Elba Town Board found out about cash from scrap metal sales being used to buy a flat-screen TV, popcorn popper and coffeemaker for the highway department, the board instituted new accounting controls to better track funds from the sales, according to Town Supervisor Lucine Kauffman.

Disclosure of the sales and purchases were part of an audit report on nine Western New York governments and the Batavia School District by the NYS Comptroller's Office.

Investigators specifically looked into how procedures for scrap material sales were handled. The finding: Of the $132,000 in scrap sales, there was inadequate tracking and accounting of more than $27,000 in cash.

Elba had the distinction of the only flat-screen TV purchased with the cash.

"It was not a practice we (the board) knew about and we put a stop to it immediately," Kauffman said.

According to the report, the highway superintendent for Elba at the time, Allan Totten, made $5,605 in scrap sales from June 2006 to July 2009. The scrap buyer paid with a check for $1,119 in purchases and paid cash on 18 occasions, totalling $4,486.

When he got checks, Totten reportedly turned the checks over to the town and the money went into the general fund.

Kauffman says the Town of Elba contracts with a vendor to pick up scrap metal from its transfer station and it rents a receptacle from the vendor. Proceeds from the sale of this scrap metal has been in the form of a check mailed directly to her.

The scrap metal sold by the highway department employees for cash consisted of items they transported to the vendor. When he got cash, Totten treated it as a "coffee fund" -- petty cash to use within his department.

After auditors questioned this practice, Totten reportedly turned over $1,113 to the town. He didn't have receipts for the purchase of the TV and small appliances, but auditors said they visually confirmed those items were in the highway offices.

Kauffman said in response, that the town notified the scrap buyer that all purchases must be paid for by check from now on, that specific accounting of each transaction must take place. Furthermore, there is no "coffee fund" now.

Purchases for refreshments are reimbursable only under specific conditions, one of which is that the refreshments are for highway department employees from other municipalities assisting with Town of Elba projects.

These purchases will be specifically regulated as to how much money can be spent on authorized items. The town also adopted a code of ethics and wrote a scrap metal policy.

And writing the policy was made a bit harder, Kauffman said, because she couldn't find another jurisdiction that could provide an example of their own (written) scrap sales policies. They just didn't exist, Kauffman said.

That was one of the issues the comptroller's office apparently was trying to address in its audit of government agencies.

In the Batavia School District, auditors identified nearly $4,700 in cash sale proceeds for the period September 2006 through November 2008 that were not recorded or documented.

Some of the sales were recorded in the names of district employees and employees included personal scrap in the pile.

The City of Batavia and Town of Oakfield were found to have informal procedures for accounting for scrap sales and the audit report suggests that formal procedures be adopted.

Top Items on Batavia's List

City of Batavia, NY Position: Full-time Building Maintenance Worker. Salary: $20.60 - $24.45/hour. The City of Batavia is accepting applications for one full-time Building Maintenance Worker. The work involves a variety of mechanical and other building maintenance tasks. Applicant must have a minimum of two years of full-time paid experience in general building construction or maintenance work, or an equivalent combination of training and experience indicating ability to perform the duties of the job. Civil Service applications may be obtained at City Hall in the Human Resource Department. Please send completed applications to Teri Dean, Employee Payroll/Insurance Clerk, One Batavia City Centre, Batavia, NY, or via email to tdean@batavianewyork.com by September 20, 2024. Background check, psychological assessment, and physical/drug testing required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO
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