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Rezoning proceeds for Mix Place, target area drops to two properties

By Joanne Beck
Ed Smart
Edwin Smart of Smart Design explains his process so far in attempting to get his property on Mix Place rezoned and his business included by rewording municipal code to include "and other similar professionals" during Tuesday's Planning & Development Committee meeting.
Photo by Joanne Beck

A potential snag to proceed with rezoning a section of Mix Place was fairly quickly remedied during Tuesday’s Planning & Development Committee meeting. 

Earlier this year, Edwin Smart had filed a petition to rezone his property at 4 Mix Place to allow him to convert the one-family dwelling into a professional architectural office building. Smart has requested that the words “and other similar professionals” be included in the permit that allows for offices for attorneys, physicians and/or dentists, not exceeding four offices in a single structure. 

He would like to operate his Smart Design architecture firm on the premises, and he purchased the property with that goal in mind. 

Smart had sent out a letter to the surrounding neighborhoods earlier this summer to introduce himself and his intentions and to offer residents the opportunity to call or email him with questions, comments and concerns. 

He had previously said that he has only heard positive feedback; however, he and the committee discussed the lack of response from Mike Ognibene, the property owner of 1 Mix Place, which is listed on the petition for rezoning.

“One thing that we have outlined in the application, I think, is there is no negative impact to Mr. Ognibene and his properties. He hasn’t expressed an opinion either way.  So my attorney, using the Whiting Law Firm out of Le Roy, they actually did get him on the phone. He was noncommittal,” Smart said. “And then we did send him information and asked for an affidavit. And he just never, after that initial conversation, he never responded. And we tried for several months, probably three months. And we actually tried to motivate him to do this by contacting his attorney in a very friendly way.

“This would actually bring his apartment building into compliance. And 1 Mix is a single-family residence originally back there as well,” he said.

That was a good point, Committee Chairman Duane Preston said.

“Why is 1 Mix being considered at this point? Why can’t we keep that R-1?” Preston said.

Smart wasn’t sure why, only that “that’s what I was counseled to do.”

Smart’s request first went to City Council, and the recommendation from city management was to consider including 1 and 3 Mix, a single-family residence, and a two-building, eight-unit apartment building to bring them into the R-3 district for zoning compliance. 

Code Enforcement Officer Doug Randall said that those addresses were on the paperwork “that we received from the applicant.” A committee member then suggested excluding some of that information.

“Absolutely, my recommendation would be to approve the application with the exception of 1 Mix Place,” Randall said. 

Smart had no issue with that.

“I’m eager to get started,” he said, answering The Batavian after the meeting about what happens next. “So I'm not 100 percent certain yet. I think what they just voted on is to make a referral back to City Council, I believe this still has to go in front of the county after this stage, which I think is, it's very standard procedure. And I'm hoping that everybody is supportive and that the City Council votes for the zoning change.

“And then from there, it becomes a more typical building permit process. That's where I would take the drawings that we've come up with and submit them to the building department, and then we will have to go through a special use permit per the zoning law,” he said. “And that's where, again, we hope that language change includes us because, you know, I'm not a dentist or a doctor.”

Photos: Corfu's National Night Out and Farmers Market

By Howard B. Owens
corfu-national-night-out-farmers-market

The Village of Corfu hosted its National Night Out -- an event held in communities throughout the U.S. to bring together public safety officers and communities -- along with its weekly Farmers Market. The market is open each Monday evening, as it was yesterday.

Photos by Howard Owens.

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corfu-national-night-out-farmers-market

Pavilion AD offers school board refresher on state's coach licensing requirements

By Howard B. Owens
pavilion athletic dierctor matt roth
Pavilion Central Schools Athletic Director Matt Roth addressing the Pavilion Board of Education on Monday evening.
Photo by Howard Owens.

Serving as a high school sports coach takes a lot more than understanding where to put the Xs and Os if school districts are to abide by New York State regulations, a Matt Roth, athletic director in Pavilion, laid out for the Pavilion Board of Education on Monday night.

Non-teacher coaches have a multi-year program of classes they need to take and that total cost to the coach can exceed $700.

"This is for any coach who is board-approved," Roth said. "They have to have all of these classes. They can't just show up and help out anymore."

For the non-teacher coach, there are nine steps that must be completed at the time of application.  It's about a two-month process to get the initial temporary coaching license, Roth said.

"When I came here two years ago, I kind of went through this with everybody, but I just wanted to give everybody a refresher on it," Roth told the board at the start of his report.

The candidate must submit evidence of an acceptable first aid and CPR course completion along with completion of a child abuse identification worship, a school violence and prevention and intervention worship, and training in dealing with harassment, bullying, cyber-bullying and discrimination in schools. The would-be couch must also submit fingerprints and be cleared through a database check.

Then they are eligible to coach for one or two years on a temporary license. They must pay a $50 fee for each sport they wish to coach.

In years three, four, and five, they must complete a fundamentals of coaching course, along with courses on contusions, protecting students from abuse, and a course on student cardiac arrest.

In the next level, they must complete courses in student mental health and suicide prevention, heat illness prevention, first aid for coaches, and a sport-specific course. 

If the non-teacher coach is still going in year six, then the coach needs to apply for a professional coaching license.  

At that point, the coach must complete course in bullying and hazing, strength and conditioning, teaching and modeling behavior, engaging effectively with parents, and sportsmanship.

The courses are offered online by the National Federation of High School Sports, and most are free, but some have fees ranging from $25 to $50.

The professional coach must reapply for a license every three years, which involves refresher courses in first aid and CPR, along with a positive evaluation from the athletic director.

"The teacher coaching requirements, they are a little bit easier because they've already taken some of the coursework," Roth said. "A teacher only needs to have first aid and CPR to get started in their first three years, and then they are supposed to complete the same courses that nonteacher coaches have at two years and complete levels one, two and three within five years of starting."

Graham CEO rings opening NYSE opening bell to commemorate 55 years as a public company

By Howard B. Owens
Remote video URL

On Monday morning, Graham Corp. President and CEO Dan Thoren, accompanied by executive team members, rang the opening bell on the New York Stock Exchange to commemorate the company's 55th anniversary as a publicly traded company.

In a statement, Thoren said, “We are proud to commemorate fifty-five years as a public company by participating in the opening bell ceremony at the New York Stock Exchange.  This is a tribute to every associate at Graham who worked hard this past year to bring us to record sales and orders.  Their dedication to Graham and their deep engagement with their work for our valued customers and the security of our nation makes me excited for our future.”

 

City Council agrees to NET a solution for crime

By Joanne Beck
July 2023 file photo at Meadows apartments
July 2023 File Photo of an incident at an apartment complex in Batavia shows concerned neighbors watching as city police officers walk a suspect to the patrol car. City officials have decided to hire another police officer an re-establish the Neighborhood Enforcement Team in an effort to curb nuisance and gun violence issues throughout the city.
Photo by Howard Owens.

Recent incidents of violence — four gun shootings in the last three months — have pushed city officials to put a quick thaw on a hiring freeze that was locked until March 2024.

Instead, City Manager Rachael Tabelski has suggested bringing one more police officer on board and providing training, vehicles, and additional equipment for the new and a current officer to become a more intense Neighborhood Enforcement Team (NET) to assist the city police department and detectives to “more efficiently, proactively keep the community safer.”

“Because I think it's critically important that we have our zone cars that are out on calls. They respond very quickly to people's homes, and they're very responsive. But we need a proactive team to be in the neighborhoods doing gun and drug interdiction, and I think it's very important,” Tabelski said Monday during City Council’s conference session at City Hall. “So we're gonna find a way to make it happen in the budget next year.”

During her presentation to City Council, Tabelski emphasized that when state changes to the legal system occurred — including what's coined as “catch and release” for a quick turnaround jail and bailout time — Chief Shawn Heubusch warned her that more manpower was going to be required.

“And in the beginning, the chief told me, ‘we're going to need more, we're going to need more, we're going to need more,’ and I said, there's no money, there's no money, there's no money. Now, we're at critical mass. We can't allow this to happen in our city,” she said. “I don't think anyone here on council wants that to occur. I certainly don't. So we're gonna find a way to make it work.”

Tabelski recommended using video lottery terminal money (typically a yearly amount that comes from Batavia Down Gaming revenues) in the amount of $272,000 to pay for the salaries and benefits for the two officers for eight months ($117,000), purchasing and fitting two police vehicles ($120,000) and for uniforms and equipment ($35,000).

Councilman Bob Bialkowski asked what if the city doesn’t get the VLT aid next year, and Tabelski said she isn’t planning to use that resource next year anyway. Sales tax has been doing very well, she said, and perhaps cannabis sales will be bringing in more sales tax and will be able to help offset the cost, she said. 

“We need to find a way to make it happen next year,” she said.

As for the equipment, that would be a one-time expense, Council President Eugene Jankowski Jr. added. 

“I know it will work. It worked in the past,” he said.

The method for attacking the problem of gun violence, repeat offenders and nuisance neighbors is a team approach, Police Chief Shawn Heubusch said. “It’s a one-off,  it’s a very effective format,” he said. “You get to saturate a neighborhood. This is not a new concept. We did staff this way back in the day, and it was very effective.” 

Councilwoman Kathy Briggs was on board with the plan.

“I support this. We need this,” she said.

By a unanimous vote, council agreed to proceed with hiring an officer and using VLT money for the extra expense. 

After the meeting, Jankowski, a retired lieutenant with the city police department, shared his thoughts about what may be happening in the city and how this approach can help. 

“It worked in the past, which I hope it does in the future. When there were pockets of areas of maybe a drug house or some type of disruptive behavior in a neighborhood, we were able to send that team in there. And they were able to make observations, work with the community, work with the neighborhoods, and find a resolution to calm everything down and put it to rest. So if that works as well as it did last time, we have several hotspots we'd like to target, and we're going to want to use there and see how well it works,” he said. “And we're going to monitor it monthly to make sure that we are making gains. If it's not working out, then we're going to have to regroup and try something different. But we're pretty sure this will help.”

The Batavian asked Heubusch if there was already a list of potential candidates for the new officer and how long it would take to get one ready for this task.

“So we have a list that we've been working off of to hire our last round of hires. We'd have to take a look at that list and see who we can pick from it. We would have somebody in the background, we'd be able to put somebody in the background fairly quickly because we have a list that's already established, he said. “Police Academy for about five months and then field training for about four months after that. So it's a lengthy process unless we're lucky enough to find somebody that's willing to lateral to the department to fill the position then it's just field training.” 

City Council appoints new part-time judge to fill remaining term

By Joanne Beck
andrea clattenburg
Andrea Clattenburg

City Council approved a part-time City Court judge Monday to fill the remaining term of Tom Burns, who retired from his post with less than three of his six years served.

Andrea Clattenburg, a Genesee County assistant public defender since 2021, will now be the part-time City Court judge, a role established per the Uniform City Court Act. That act provides for the appointment of a City Court judge who acts in the temporary absence or inability of the city judge to exercise the power of said judge. 

The part-time judge will serve a term of six years, which in this case will expire on Dec. 31, 2026, the end of the original term of Burns.

Upon his retirement, Burns told The Batavian that there weren’t enough cases flowing through City Court to justify his time there, so he stepped down effective July 14. 

City Council approved Clattenburg by a vote of 8 to 1, with Bob Bialkowski, Rich Richmond, Eugene Jankowski Jr., Paul Viele, Kathy Briggs, Al McGinnis, Kathy Briggs and Tammy Schmidt voting yes, and John Canale abstaining because of his “close personal ties” to the candidate.

The Batavian asked Jankowski for his thoughts about filling a position that Burns had left because there wasn’t enough work to warrant the job. 

“In my research, my research has learned that the court is pretty much backed up with cases. So I have no idea what Mr. Burns, his comment was about. I'm not familiar with it. I do know that after looking into it, as part of this process, there is a definite need for many small claims actions, civil actions and such. And that's what a lot of the part-time job does, as well as overflow and recruitment. When the full-time judge has recused himself, then those criminal cases are passed on to the part-time judge. So from what they tell me, there are standards, 90-day standards for these cases that need to be resolved. That's a state recommendation, and they really pay attention to it,” Jankowski said. “So given that short timeline, there's a lot of work over there, and they need the extra help. And plus, the part-time position, if I'm not mistaken, is required per the state. So we're gonna have it one way or another. And I believe we will make good use of it over there.”

The part-time City Court judge is paid by the state, though the position is appointed by City Council. Durin Rogers is the current full-time City Court judge. He is also paid by the state but is an elected position.

The minimum qualifications for the part-time judge require candidates to be an attorney admitted to practice law in the State of New York for at least five (5) years as of the date he or she commences the duties of the office and must be a resident of the City of Batavia. 

Clattenburg is a Genesee County assistant public defender who received a Leadership Achievement Award from Western Michigan University Cooley Law School, where she obtained her Juris Doctorate in general law practice in 2014.

She lists arts and culture, children, education, poverty alleviation and social services as her causes of interest. 

Pacino retires but will still be here 'whenever they need me'

By Joanne Beck
Patti Pacino family
Former Second Ward City Councilwoman Patti Pacino, center, holds a proclamation given to her Monday by fellow council members during her official retirement as family members, left, grandson TJ, husband Jim, son, Josh and his fiancee Carrie show their support. 
Photo by Joanne Beck.

After persevering through illness, surgery, recovery, and admittedly being quite tired -- she was ready.

Patti Pacino, City Councilwoman, committee member, volunteer, advocate, cheerleader, educator, counselor, supporter, participant, friend, and outspoken when necessary, decided that it was time to announce her retirement.

And on Monday evening, with some of her biggest fans in the audience, Pacino was celebrated for her years of contributions during City Council’s conference session at City Hall.

A proclamation was drafted that listed her many efforts, including:

  • Her 13 years of service in representing the Second Ward as councilwoman
  • Serving as alumni coordinator for Genesee Community College and Career Center coordinator for Batavia High School
  • Performing duty as liaison to the Batavia Business Improvement District’s board, co-chair of the Volunteer Selection Committee and Memorial Day Parade Committee
  • Her steadfast involvement with the Zonta Club of Batavia-Genesee, Genesee-Orleans Council on the Arts, Kiwanis Club of Batavia, and Girl Scouts of Genesee Valley Inc.

And most notably, while on the council, she was “a true public servant, winning the support of her ward in two consecutive elections, advocating for residents and neighborhoods, and always having the best interests of the City of Batavia at heart.”

Now, therefore, be it resolved, the proclamation states, “the City Council of the City of Batavia does hereby congratulate Patti Pacino, City of Batavia Council Member, on her retirement, and wish her, and her family, good health and happiness for years to come.”

A soft-spoken Pacino said that she’s working on her walking ability after having surgery for a brain tumor in December 2022. She reflected on her time with the BID board.

“I remember probably the best 13 years of my life with a committee that I'm not sure everybody understands and realizes how much they put into this, how much time and effort and caring they put into the City of Batavia, and I miss that part,” she said. “But I won't miss the council because I'll still be here to talk to them whenever they need me or whenever they don't need me.”

Pacino officially retired from her role on council during a meeting on March 28. 

Deputy Trevor Sherwood named new SRO for Pavilion

By Howard B. Owens
sheriff deputy sherwood
Trevor Sherwood, center, upon graduation from the law enforcement academy at Niagara County Community College in 2021.
From left, Chief Deputy-Road Patrol Brian M. Frieday, Sheriff William A. Sheron, Jr., Deputy Trevor J. Sherwood, Investigator Pete Welker, Undersheriff Bradley D. Mazur.
Sheriff's Office photo.

Deputy Trevor Sherwood, a Batavia High School graduate who was a star athlete in baseball and basketball, was approved by the Pavilion Board of Education on Monday night as the school district's new resource officer.

The board voted unanimously to approve a new memorandum of understanding with the Genesee County Sheriff's Office.

Superintendent Mary Kate Hoffman told the board that a committee interviewed four deputies for the position and recommended Sherwood.

Sherwood joined the Sheriff's Office on road patrol in early 2021.

The SRO position became vacant after Deputy Jeremy McClellan was reassigned to road patrol at the end of the 2022-23 academic year at the apparent request of the school district, which was a move several parents protested.

The Batavian will have a more complete story on Tuesday.

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Trevor Sherwood playing basketball for the Batavia Blue Devils in 2015.
Photo by Howard Owens.
Trevor Sherwood playing basketball for the Batavia Blue Devils in 2015. Photo by Howard Owens.
Trevor Sherwood playing basketball for the Batavia Blue Devils in 2015.
Photo by Howard Owens.

BHS grad and aspiring sports broadcaster encouraged by ESPN legend at Jim Kelly Classic

By Howard B. Owens
jim kelly tournament at terry hills 2023
Jim Kelly welcomes golfers to the annual Jim Kelly Celebrity Golf Classic at Terry Hills in Batavia.
Photo by Howard Owens.

After Jim Kelly, the Buffalo Bills Hall of Famer and host of the annual tournament at Terry Hills that bears his name, the celebrity who invariably gets the most attention upon his arrival year after year is sports broadcasting legend Chris Berman. 

On Monday, after local businessman Russ Romano introduced him, Berman took extra time to talk with Griffin Della Penna, a Batavia High School graduate now working on his Master's degree in broadcasting and digital media at Syracuse University. 

Della Penna said Berman was his earliest inspiration.

"I’ll never forget watching Sportscenter for the first time with my dad when I was six years old, and Chris Berman was on the screen," Della Penna told The Batavian. "I loved his passion and how you could tell that he genuinely loved his job. Since that day, I’ve admired him, and he ignited a dream of being in his shoes someday."

It was Della Penna's first time meeting Berman, though he had hoped to meet him last year.

"For years, I’ve known that he’s been to the tournament and spent time in Western New York, but our paths never crossed," Della Penna said. "I worked the tournament last year and was bummed to know that he wasn’t going to be in attendance. To be able to meet one of my heroes today is something that I’ll never forget. While people are coming up to him telling him where to go for registration or to sign autographs, he politely told them to wait because he wanted to learn more about me and my broadcasting journey! That was the best feeling in the world when he asked me about my time at Canisius and how my program at Syracuse has been so far. He asked how much I love this profession, and he had a huge grin when I told him, 'this isn’t work to me because I’m so passionate about it.' He told me how he had that same mentality with his first job at a small market in Rhode Island and carried that into his big break at ESPN. At the end of our conversation, I told him how much it meant to me to talk to me, and he said, 'I look forward to hearing you when you make it big, Griffin.'”

In addition to a stint as "The Voice of the Muckdogs," Della Penna has held down various internships and freelance sports journalism gigs while attending Canisius. He's also received a couple of awards and scholarships while in college.

Berman, along with the other sports stars and celebrities in attendance, was at Terry Hills for the annual Jim Kelly Celebrity Golf Classic, which is a fundraiser for the Kelly for Kids Foundation. The foundation provides grants to assist disadvantaged and disabled youth in Western New York.

sports broadcasting legend Chris Berman and griffin della penna
Griffin Della Penna poses with ESPN sports broadcasting legend Chris Berman.
Photo by Howard Owens.
sports broadcasting legend Chris Berman and griffin della penna
Chris Berman speaking with Griffin Della Penna.
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Thurman Thomas arriving at Terry Hills.
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Former Pro Bowler receiver Gerald McNeil at the autograph table.
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Kato Kaelin, with his wife Shengyi Xue, waits to step up to the autograph table behind Scott Norwood and Willie "Hutch" Jones. Jones is a former NBA player born in Buffalo who now runs the Willie Hutch Jones Sports and Education Program, a non-profit in Buffalo. Norwood is a former Bills kicker. Xue is a model and actress. And Kaelin, is, well, Kato Kaelin. 
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Johnny Damon, former star centerfielder with the Oakland As, Boston Red Sox, and New York Yankees, at the autograph table. Russ Romano on the left.
Photo by Howard Owens.
jim kelly tournament at terry hills 2023
Johnny Damon with WBTA's Nici Johnson.
Photo by Howard Owens.

Smoke in the building reported at Alex's Place in Batavia

By Howard B. Owens

Smoke in the building is reported at Alex's Place, 8322 Park Road.

The building is being evacuated.

Town of  Batavia Fire responding.

UPDATE 5:01 p.m.: The fire is out. Somebody on location used a fire extinguisher. There is smoke in the building.

UPDATE 5:09 p.m.: Confirmed. The fire is out. Firefighters are ventilating. 

DOT to replace 'Federal Rd' street signs at 98 and Federal Drive

By Howard B. Owens
federal drive traffic signals
Photo by Howard Owens

Last week, The Batavian published photos of the new traffic signals at Oak Orchard Road and Federal Drive and noted that the new street signs read "Federal Rd."

We asked a Department of Transportation official about the discrepancy and this morning received this statement:

“A contractor installed an incorrect sign on Federal Drive. The sign will be replaced and the new traffic signal will be activated into its 3-color operation later this week, weather permitting.”

We sent a follow-up question about the cost of replacing the signs and have not received a response.

Drug take back day scheduled for August 26

By Press Release

Press Release:

The HEALing Genesee Work Group, City Church, and the City of Batavia Police Department are joining forces to offer the public an opportunity to safely dispose of unused, unwanted, or expired medications.

The St. Anthony’s campus of City Church on Liberty Street will be the site of a Drug Take Back Day from 9 a.m. to noon on Aug. 26. The event is part of a continuing effort by HEALing Genesee, a component of the GOW Opioid Task Force, to help end overdoses in the community.

“Drug Take Back Days have proven to be effective in reducing the prevalence of opioid overdoses, and we’re thankful for the Batavia police department and the staff at City Church for making the August 26 session happen,” said Sherri Bensley, program manager for the HEALing Communities Study.

Bensley said a table will be set up at the site to collect prescription medications. As required by New York State, law enforcement personnel will be on-site to assist in the collection process.

Workgroup representatives also will be on hand to provide Naloxone training and share other resources with residents. Free snacks will be provided.

For more information about HEALing Genesee, contact Sherri Bensley at sherri.bensley@co.genesee.ny.us.

Hawley announces 2023 patriot trip to DC for local veterans, deadline extended

By Press Release
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Submitted photo of Assemblyman Steve Hawley (R,C-Batavia) stands alongside local veterans in Washington, D.C. during last year’s Patriot Trip.

Press Release:

Earlier this summer, Assemblyman Steve Hawley (R,C-Batavia) announced this year’s Patriot Trip to Washington, D.C., which will take place from September 21 - 24, where veterans and their families will get a tour of the nation’s capital and its numerous monuments and landmarks honoring those who served. 

This year’s trip will include stops at several notable locations in the D.C. area, including the WWII, Korean, and Vietnam War memorials and Arlington National Cemetery.

“I am incredibly excited to host this event for another year,” said Hawley. “This trip is a great opportunity to honor our local veterans. We owe a deep level of gratitude for all they have sacrificed for the freedoms we enjoy in this nation, so being able to take them to our nation’s capital to see these historic landmarks every year is truly an honor.”

The deadline to register for this year's Patriot Trip has once again been extended. Our hotel host has informed us that because our trip is for local veterans, they are allowing us three additional weeks for sign-ups. Be sure to register by Tuesday, August 29 at 3 p.m. This trip is open to all military veterans and their families. 

The cost will be between $450-$500 per person and includes travel, accommodations, admissions, meals, and even some souvenirs. Those who are interested in participating in this event should contact Hawley’s office at 585-589-5780 or email carneyj@nyassembly.gov for more details.

GC Sheriff's Office celebrates 4th annual teen academy graduates

By Press Release
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Press Release:

“The Fourth Annual Genesee County Sheriff’s Office Teen Academy was another great success. The academy was held July 17 – 21 at Genesee Community College. This academy was made possible with the support of Genesee County STOP DWI, the Genesee County Legislature, and Genesee Community College. The students were provided with the opportunity to experience the various roles of law enforcement in our community, and they eagerly embraced all aspects of the curriculum. I want to thank the students for their hard work and dedication and all those that provided instruction throughout this week-long program. A special thank you to the Academy Director, Deputy/SRO Joshua A. Brabon, and all the Deputies, School Resource Officers, and Investigators for their assistance and efforts in coordinating such a unique, one-of-a-kind experience for the students. We look forward to continuing this annual event for students throughout Genesee County for many more years to come,” stated Sheriff Sheron.

The following participants are graduates of the Fourth Annual Genesee County Sheriff’s Office Teen Academy:

  • Robert Villano - Squad Leader
  • Michael Ehrmentraut
  • Derryk Gacek 
  • Kayden Crocker
  • Anna McLaughlin 
  • Macie Parton
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Submitted photos courtesy of Genesee County Sheriff Office.

Everybody can eat at new Batavia site in a month or two, owner says

By Joanne Beck
Zeke Lynn

He’s caused some excitement with a post online about his future business moving into Batavia City Centre, however, Zeke Lynn won’t be in moving in just yet, he says.

Everybody will get a chance to eat at Everybody Eats probably by the end of September or early October, Lynn said Monday to The Batavian. He is renting the site at 29 Batavia City Centre — the space with the checkerboard black-and-white floor once known as Cookies and Milk and other cafe operations.

“I’m hoping to be open within a month or two, I’ll be in there cleaning and I’ve got to get a few appliances, and a health permit,” he said.

When asked what the tagline of his place would be, the name says it all, he said. He plans to make it for mostly catering and take-out, for sandwiches, soups, salads, pastas, steak, and a few chicken dishes. The key is that there will be “things you don’t see around Batavia,” he said.

Think: Beef Wellington and butter chicken. Who is the chef behind the apron? A 2014 Batavia High School grad who began his cooking journey at as a kid, and never stopped.

“I really fell in love with cooking,” he said. 

He studied a bit at Brockport State College and worked at restaurants, where he “fell in love with it.”

“I’ve been cooking since I was five, I learned from my mom. I’ve always had a passion for it,” the 26-year-old said. “This is really a passion project more than anything.”

He would like to establish a cooking class at least once a week after he opens and is thinking of having wine and beer at some point for a tastings and pairings experience.

Offspring brings 30 years of 'Smash' hits to Darien Lake

By Alan Sculley
offspring-dexter-noodles.jpg
Dexter Holland (left) and Kevin "Noodles" Wasserman of the Offspring.
Photo courtesy of the Offspring

It might seem surprising, but Dexter Holland, singer/guitarist of the Offspring, considers this summer’s tour the biggest outing of his band’s career and a sign that the Offspring might be bigger than ever as a band.

“It feels like it’s getting better for us. We’ve talked about why that might be, is it a post-COVID thing, and people are excited to be back, or just the fact that now we’ve had 30 years of people being used to our songs?” Holland said in a late-July phone interview. “We’ve got people that are a little older, we’ve got kids that are just discovering us, and they’ve created this bigger audience of more than one generation, I guess, let’s say. But for whatever reason, man, it just feels really good right now.”

That’s quite a welcome reality for a band that has already had some periods of huge success. Formed in 1984 in Garden Grove, California, the Offspring broke through in a big way with their third album, 1994’s “Smash.” Featuring the hit singles “Come Out and Play,” “Self Esteem,” and “Gotta Get Away,” it became the biggest indie album to date, with sales standing
at more than 11 million worldwide.

With its energetic and fun punk rock songs, “Smash” joined Green Day’s “Dookie” as the primary album that brought punk into the mainstream. Then, after a follow-up album, “Ixnay on the Hombre,” which didn’t sell as well (it still topped out at around 3 million copies sold), the next album, “Americana,” became another blockbuster. It featured the hit singles “Pretty Fly (For a White Guy),” “The Kids Aren’t Alright,” “She’s Got Issues,” and “Why Don’t You Get A Job?” and the album sold more than 10 million copies.

Still, this summer’s tour, with Sum 41 and Simple Plan as opening acts, takes the Offspring to new heights.

“I think it’s the biggest headlining tour we’ve ever done, actually,” Holland said. “We’re playing like 25 cities, all amphitheaters, tickets are selling really well, and we’ve got a great package.”

Fans can expect to hear the songs that have kept the Offspring on the radio and in a prominent place in the rock world for more than three decades.

“You get to the point where you’ve put out nine or 10 albums, it’s a lot of material to choose from,” Holland said. “But I believe you’ve got to play the songs that people want to hear, right? Sometimes artists can get a little obscure with their stuff. You’ve kind of got to play the hits. So that dictates a good chunk of our set.”

Far from resting on their considerable laurels, the Offspring, which includes Holland, guitarist, and fellow founding member Kevin “Noodles” Wasserman, bassist Todd Morse and drummer Brandon Pertzborn are acting like a band that’s still inspired and looking to grow musically.

While the studio's five albums that followed “Americana” haven’t sold in the eight figures, they’ve generally done well commercially. There have also been almost another dozen top 10 singles, including “You’re Gonna Go Far, Kid,” which has become the Offspring’s most streamed song.

That single is featured on the 2008 album, “Rise and Fall, Rage and Grace,” which was recently re-released for its 15th anniversary with a pair of live tracks added to the original album. Holland considers it one of the band’s best efforts and an important album in the overall career. 

In 2005, the band released a greatest hits album, and Holland said the band wanted to prove the hits album didn’t mark the end of the road for the Offspring and that they were inspired and as good as ever musically.

“It’s an important record for us,” Holland said. “And it’s something I’m really proud of, that that far into our career (we had) our most popular song.” 

Having released their current studio album, the well-received “Let The Bad Times Roll” in 2021, Holland and his bandmates have been back in the studio recently.

“We did another song, and that makes six, not completely done, but they’re mostly done,” Holland said. “So we’re four-ish songs away (from an album). I think we’ll get something out early next year.”

Holland can’t yet say for sure how the next album will compare to other Offspring albums, but it’s bound to have some of the usual musical and lyrical signatures. “Sometimes you just start writing songs and you don’t realize how an album is coming together until it’s almost there,” Holland said. 

“Like on ‘Americana,’ ‘Americana’ was one of the last songs I wrote because I didn’t realize until then all the other songs like ‘Why Don’t You Get A Job?’ and ‘Pretty Fly,’ they were describing American society. I didn’t really realize that’s what the album was about until I got almost done and thought well, I’ll call it ‘Americana’ because that’s like ‘Americana’ means American culture. This was my vision of what I thought American culture was doing in the late ‘90s. We’re kind of still in that phase with the songs, but we’ve always liked the energy of punk music and the rebelliousness...What I’m focusing right now on is just melody. I want the songs to be really good.”

Offspring will be performing at Darien Lake Performing Arts Center on Sunday.

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Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
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