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Entrepreneur looks to downtown Batavia for wine bar

By Joanne Beck
File Photo of Rob Credi

If appearances are anything, entrepreneur Rob Credi may be trading ramen for riesling, as he has applied for a liquor license in a new venture for Shush Wine Bar, LLC in downtown Batavia.

The business, listed as a wine bar/cocktail lounge at 41 Jackson St. on his application, would be in the Gilliana’s diner, which is “temporarily closed” according to its online social media site. 

Credi’s application is one of three up for review by City Council on Monday’s conference meeting agenda. The other two are for existing establishments of Kelly’s Holland Inn and La Oaxaquena Taqueria. 

Credi is no stranger to selling food and drinks, as a former owner of Main Street Coffee and current owner of Pub Coffee Hub on Harvester Avenue and of the Crapshoot Kitchen & Commissary, which housed his Xavmen Ramen take-out diner, which is now listed as being temporarily closed on the website.  

Credi was not available for comment Friday afternoon.

GCEDC board advances Le Roy project and request for more than $245K in tax breaks, hearing to be set

By Press Release

Press Release:

The Genesee County Economic Development Center (GCEDC) board of directors advanced an initial resolution for a project by 9 Lent Avenue, LLC in the village of LeRoy at their meeting on Thursday, September 5.

The proposed $3.8 million project would renovate an existing 32,500 square-foot structure at 9 Lent Avenue and create 4 new jobs.

9 Lent Avenue, LLC has requested assistance valued at $267,725 in property tax abatements and $77,600 in sales tax exemptions, with the project estimated to generate $3,382,738 in fiscal returns based on new employment and new municipal revenue.

A public hearing for the proposed project agreement will be scheduled in the village of Le Roy.

The GCEDC Board also approved final resolutions for two community solar farm projects in the town of Le Roy.

FFP NY Le Roy Project1, LLC and FFP NY Le Roy Project2, LLC represent a total $20 million investment and will generate up to 7 megawatts of power through the installation of ground-mounted solar panels.

Lady Blue Devils bring Eastridge to five sets but come up short

By Steve Ognibene
Senior Ava Anderson going for a kill versus Eastridge.  Photo by Steve Ognibene
Senior Ava Anderson going for a kill versus Eastridge.
Photo by Steve Ognibene

Batavia Girls volleyball squad played Eastridge Thursday evening for a close back and forth matchup.  In the first set Batavia came back to edge a deficit 26-24.

Eastridge won the next two sets 25-22 and 25-19.

In the fourth Batavia didn’t give up hope and maintained a small lead to win 25-21.  In the fifth and deciding set Eastridge scored some points off the serve to keep the game flowing for them to win 15-8.

For Batavia, Sofia Branch had 5 kills and 16 digs, Julia Plath 10 digs, Ava Anderson 21 digs and 4 kills, 7 Aces. 

For Eastridge, Josslyn Siembor had 13 kills and Isabella Nelson 22 digs. 

Batavia's Record is 1-1.

To view or purchase photos, click here.

Lily Gray setting the ball for a kill.  Photo by Steve Ognibene
Lily Gray setting the ball for a kill.
Photo by Steve Ognibene
Batavia going for a block at the net.  Photo by Steve Ognibene
Batavia going for a block at the net.
Photo by Steve Ognibene
Senior Sofia Branche going for a kill.  Photo by Steve Ognibene
Senior Sofia Branch going for a kill.
Photo by Steve Ognibene
Batavias defense blocking at the net.  Photo by Steve Ognibene
Batavias defense blocking at the net.  Photo by Steve Ognibene
Celebration of a fourth set win by Batavia.  Photo by Steve Ognibene
Celebration of a fourth set win by Batavia.
Photo by Steve Ognibene

Celebrate library card sign-up month at Richmond Memorial Library

By Press Release

Press Release:

September is National Library Card Sign-Up Month! Richmond Memorial Library is celebrating in two different ways:

  1. Replacement cards will be offered for FREE during the month of September. Have a missing or damaged card? Now is the time to replace it! The library is waiving the usual $1 replacement fee for the month.
  2. Anyone signing up for a brand-new library card account will be entered for a chance to win a prize! The Friends of the Library are sponsoring a prize tote, which will include library swag, a gift certificate to the Friends of the Library Book Sale, and $25 gift card to Batavia’s Original.

Your library card unlocks many benefits, including access to materials in the library and online! The Richmond Memorial Library proudly offer access to Libby and Hoopla for eBooks, Audiobooks, Movies, TV Shows and more. Access genealogy resources, Consumer Reports, legal resources and more through RML’s online databases. Need a dinosaur shaped cake pan or a board game? The library has you covered there as well. 

Resident library cards may be issued free-of-charge to residents of Genesee, Orleans and Niagara counties, and to those who work, own property or attend school within the borders of the Batavia City School District.

Photo ID with name and current street address must be presented to apply for a card, or to replace a lost card. When primary residence within Genesee, Orleans, or Niagara counties is not established, additional proof of working, attending school, or owning property within the borders of the Batavia City School District is required.

Children may be issued resident cards and their replacements when they can sign their own name, and after having established identity and residency in the manner described above, or in the presence and under the supervision of a parent or legal guardian who has.

The library is located at 19 Ross Street in the City of Batavia and is open Monday – Thursday from 9 a.m. - 9 p.m. and on Fridays and Saturdays from 9 a.m. – 5 p.m. For more about the library, library programs and more, visit batavialibrary.org or stop in!

Tenney introduces legislation intended to strengthen Northern Border Strategy

By Press Release

Press Release:

File photo of 
Claudia Tenney.

Congresswoman Claudia Tenney (NY-24) introduced the Improving Coordination for the Northern Border Act to require the Department of Homeland Security (DHS) to establish the Northern Border Coordination Center to strengthen the implementation and coordination of the Northern Border Strategy, which includes training, information sharing, intelligence, and engagement with federal, state, Tribal, local, and international government partners.

Tenney led this bill alongside Congressman Chris Pappas (NH-01).

This bill would require the Department of Homeland Security (DHS) to establish the Northern Border Coordination Center, to be collocated with an existing U.S. Border Patrol sector headquarters, the U.S. Border Patrol Northern Border Coordination Center, an Air and Marine Operations Branch, and a U.S. Coast Guard air station. The Center would support the implementation of the Northern Border Security Strategy, help to track Northern Border security metrics, serve as a training location for DHS personnel, and as a testing grounds for new border security technologies. The legislation also requires Air and Marine Operations to maintain quick reaction capabilities at the Center to support the border security mission along the Northern Border, including against the rising threat of illegal cross-border drone activity.

“There has been an unprecedented spike in illegal crossings at our Northern Border, including an 846% increase in one sector alone, putting our national security and community safety at risk,” said Congresswoman Tenney. “Additionally, 85% of suspected terrorists that have illegally crossed our borders have done so over the Northern Border. By establishing a Northern Border Coordination Center, we can enable the Department of Homeland Security to effectively implement the Northern Border Strategy to enhance training and information sharing among federal, state, local, and international partners and secure our Northern Border to help keep our Northern Border communities, including NY-24, safe."

“Strengthening operations at our northern border is critical to drug interdiction efforts and keeping dangerous substances out of our communities,” said Congressman Pappas. “The Coordination Center will provide a central hub for implementing the Northern Border Strategy, including enforcing our immigration laws and stemming illicit drug trafficking, while supporting coordination efforts between U.S. Customs and Border Protection personnel, local law enforcement, and other partners. I thank Representative Tenney for partnering with me on this bill, and I will continue fighting to pass legislation that supports and invests in border security, law enforcement, and anti-smuggling technology."

Lynyrd Skynyrd’s final performance with Gary Rossington debuts in theaters as band continues touring with ZZ Top

By Alan Sculley
lynyrd-skynyrd-rickey-jpg-1.jpg
Photo of Rickey Medlocke courtesy of Lynyrd Skynyrd.

When Lynyrd Skynyrd arrived at the Ryman Auditorium in November 2022 for a concert that was going to be filmed and has now debuted in select theaters nationwide, the veteran band’s core members – guitarist Gary Rossington, singer Johnny Van Zant and guitarist Rickey Medlocke, along with a guest performer for that evening, former 38 Special singer and Van Zant’s brother, Donnie Van Zant -- had something of a full-circle moment before taking the stage.

“Gary, Johnny, myself and Donnie, we had this small little dressing room,” Medlocke shared in a mid-July phone interview. “We kept laughing about how it reminded us of the real old days when you had these little dressing rooms and all of these people in them. You couldn’t hardly turn around and get dressed. We kept laughing about it. It was like the brothers in there sharing a moment. That will forever last with me, that Gary was in there with us.”

That show at the Ryman turned out to be the final performance by Rossington with Lynyrd Skynyrd. It’s captured in the aforementioned film, titled “The 50 th Anniversary of Lynyrd Skynyrd.” The last remaining original member of the band, the guitarist passed away in March 2023, after having for years soldiered through a myriad of health problems, including heart conditions that had required major surgeries, a pacemaker and multiple stents to maximize his blood flow.

In 2018, Lynyrd Skynyrd had actually announced a farewell tour. Rossington and his bandmates wanted to end Skynyrd on their terms, while the band could still perform at a high level. But that final extended outing got interrupted in 2020. When the pandemic eased, Lynyrd Skynyrd returned to the road, but with the tour rebranded as the Big Wheels Keep on Turning tour, not a farewell outing. Rossington’s health issues, though, prevented him from participating in nearly all of the tour.

Still, Lynyrd Skynyrd moved forward, announcing a co-headlining tour with ZZ Top that began this past summer and continues this winter and spring, only to see Rossington pass away in March of last year.

The guitarist’s death is still a raw subject for Medlocke, who was actually in the early lineup of Lynyrd Skynyrd from 1971 to 1972 – as the drummer -- before departing to start his own band, Blackfoot. He had grown close to Rossington since rejoining Lynyrd Skynyrd in 1996.

“I mean, you don’t spend that long of a time with a guy that all of a sudden something happens that you’re not really, you’re hit square in the face with it,” Medlocke said. 

But for now, the guys in Lynyrd Skynyrd are looking ahead, having been told by Rossington’s wife Dale (herself a long-time member of the Honkettes, the backing female vocal trio that remains part of Skynyrd’s touring lineup) that Rossington wanted the band to continue bringing their music to the band’s loyal fans.

“Right now there’s really no plan at this point to ever call it, to call it a day,” Medlocke said. “As long as the fans keep coming out and they keep wanting to hear the music and they’re asking for it, we’ll continue to go out.”

So the story of Lynyrd Skynyrd, one of the most tragic and eventually triumphant sagas in rock music history, continues, as today’s band -- Van Zant, Medlocke, Michael Cartellone (drums), Mark Matejka (guitar), Damon Johnson (guitarist/singer in Brother Cane, who has taken over for Rossington), Peter Keys (keyboards) and Keith Christopher (bass) – hit the road with ZZ Top.

The original band is widely credited with pioneering the Southern rock genre, with early hits like the signature epic “Free Bird” and radio favorite “Sweet Home Alabama” helping the group gain an early foothold. Lynyrd Skynyrd appeared to be hitting a musical peak with their fifth album, the 1977 release “Street Survivors.” But the album had been out only three days when an October plane crash claimed the lives of singer/songwriter and band leader Ronnie Van Zant, as well as guitarist Steve Gaines and backing singer Cassie Gaines (Steve’s sister), among others.

It looked like Lynyrd Skynyrd had come to a sudden, premature and tragic end. But in 1987, surviving members Rossington, guitarist Allen Collins, bassist Leon Wilkeson, keyboardist Billy Powell and drummer Artimus Pyle decided to revive Skynyrd, bringing in guitarist Ed King (who was in Skynyrd from 1972 to 1975) to replace Gaines and singer Johnny Van Zant to replace his late brother, Ronnie, in the new edition of the group. 

Lynyrd Skynyrd have been together ever since, releasing eight studio albums and several live releases. What’s more, a box set called “Fyfty” was released in October 2023. It features 25 songs from the original band and 25 from the post-’87 unit and there’s talk of doing a new album.

For now Medlocke is excited to be on the road with long-time friends ZZ Top. Fans can expect many of their favorite songs and a few surprises from Lynyrd Skynyrd on the tour. 

“You always like to try to do some standards, but also dig down into the catalog and try to pull out things that normally you wouldn’t do, just to let the fans hear it,” Medlocke said. 

ZZ Top performs at Darien Lake Amphitheater on Thursday, September 12.

Genesee Chorale accepting new members, fall season begins Monday

By Joanne Beck
Genesee Chorale 2024 file photo
2024 File Photo of Genesee Chorale's Eclipse performance
Photo by Howard Owens

Genesee Chorale’s fall season begins at 7 p.m. Sept. 9 at St. James Episcopal Church, 405 E. Main St. Batavia.

Anyone who enjoys singing, camaraderie and making beautiful music is invited to join. Auditions are not required.

The first concert is set for 2 p.m. Dec. 14.

Register in person at the opening rehearsal or online. For more information or to register, go HERE

Borrello issues statement about potential WROTB CEO Byron Brown

By Press Release

Press Release:

Senator George Borrello offered the following comments today in response to a statement issued by Senator Sean Ryan regarding the announcement that Western Regional OTB has offered Byron Brown a position as their next president and CEO:

“In a statement today regarding Mayor Byron Brown being offered the position of president and CEO of the Western Regional OTB, Senator Sean Ryan expressed his hope that the organization’s next leader would clean up the ‘culture of corruption’ at the entity. I take issue with that characterization.

The ‘culture of corruption’ is actually the way that Erie County and the City of Buffalo have rigged the Western Regional OTB board.

Batavia Downs is the only profitable entity in the entire WROTB. This is because of the support that Genesee County and the City of Batavia give Batavia Downs and the leadership of Henry Wojtaszek. A lot hangs in the balance now with this winning team being replaced with political patronage jobs.

Henry and his team ran all of the operations, including concessions, restaurant and banquet services. As someone who has been in the hospitality business for decades, I can tell you that is no easy feat.

If the new leadership decides to turn those operations over to a third-party, I suspect that Batavia Downs will also become a liability instead of an asset.

We will see the true ‘culture of corruption’ going forward if the Western Regional OTB now starts bleeding red ink.”

ZZ Top’s ‘Raw’ album and the band’s legacy take center stage at Darien Lake on Thursday

By Alan Sculley
zz-top-b_w-2022-large.jpg
Photo of ZZ Top courtesy of ZZ Top.

ZZ Top’s “Raw” is as close to being an accidental album as it gets. 

The album, which was released in July 2022, is drawn from a session at Gruene Hall in New Braunfels, Texas in which singer/guitarist Billy Gibbons, bassist Dusty Hill and drummer Frank Beard played versions of such familiar songs as “La Grange,” “Tush,” “I’m Bad, I’m Nationwide,” “Gimme All Your Lovin’” and “Legs” in the most live, spontaneous and basic setting possible.

The performances were filmed for use in the recent ZZ Top documentary celebrating the band’s 50-year history with its classic lineup, “That Little Ol’ Band from Texas.” When the trio unplugged and left Gruene Hall that day, they thought it was mission accomplished. The footage was shot and recorded, end of story.

“The tunes on that occasion unfolded quite in the moment,” Gibbons said, recalling the session in a new e-mail interview. “Our director, Sam (Dunn), wanted a sequence where we played in the present day as a balance to the film’s historical narrative. We got in there and did what we did and later, much later, realized we had an album.” 

As Gibbons indicated, upon further review, the performances captured something that was worth hearing in its entirety – the unmistakable Texas blues-rock boogie of ZZ Top in its most authentic state. And the “Raw” album became a reality.

The album figures to take on some significance as one of the last live documents of ZZ Top with Hill, who passed away in July 2021. Long-time guitar tech Elwood Francis had stepped in on bass on occasions when Hill had injuries or health issues that prevented him from touring.

When Hill died, the band barely took time off before resuming the tour, knowing that’s what Hill would have wanted. 

Nevertheless, Hill’s death came as a shock.

“It was quite sudden and we remained under the assumption he’d rally, recover and rejoin us,” Gibbons said. “There was no anticipation mental or otherwise. We just had to deal with the reality of departure and the quick turnaround helped reinforce “the show must go on” ethos. Our crew, our friends, fans and followers have been a huge source of comfort.”

Now ZZ Top, with Francis considered a long-term third member, are back on tour, doing a summer co-headlining run with Lynyrd Skynyrd, playing a show that touches on all 50-plus years of the band’s history. 

“We know we’ll go as far back as possible… perhaps ‘Brown Sugar’ or ‘Just Got Back From Baby’s’ from the cleverly titled ‘ZZ Top’s First Album’ or even Willie Brown’s ‘Future Blues’ that predates us by 40 plus years,” Gibbons said. “Of course, (we’ll include) a few of the ones well known like “La Grange” and “Legs.” What’s certain is the famed adage of ‘something old, something borrowed and most definitely something blue’ (will apply).”

ZZ Top’s longevity is notable enough, but the fact that the classic lineup remained intact for 50-plus years makes ZZ Top a rare example of stability and sustained creativity and quality in what is often a volatile reality of being a rock band.

The ZZ Top story is told quite colorfully in “That Little Ol’ Band from Texas,” during which Gibbons, Hill and Beard take viewers on a trip through ZZ Top’s 50-year history. The film hits a lot of highlights, including how the trio came together, how the group got its distinctive high-powered sound and their initial commercial breakthrough. From there, the film visits a late ‘70s period that included a hiatus and Beard’s battle with addictions and moves onto the 1980s, when ZZ Top incorporated synthesizers and sequencers into their sound and hit a commercial grand slam with the 1983 album, “Eliminator,” before reaching into the present day.

ZZ Top made their first big impact with the 1973 album “Tres Hombres” and its single, “La Grange.” Subsequent early hits like “Tush,” “Tube Steak Boogie” and “Cheap Sunglasses” helped the band notch a string of five gold or platinum albums during the 1970s and early 1980s.

Then a convergence of factors – the arrival of sequencers and other recording tools, the debut of MTV (which aired the groundbreaking videos for the hit songs “Legs,” “Gimme All Your Lovin’” and “Sharp Dressed Man”) and some inspired songwriting – made ZZ Top mega-platinum superstars (with Gibbons and Hill debuting their newly grown outsized beards).

But since reaching their commercial peak with “Eliminator” and the sonically similar “Afterburner” (1985) and “Recycler” (1990), ZZ Top have returned to more of a stripped back bluesy guitar sound on their most recent albums -- “La Futura” (2012), “Mescalero” (2003)” and “XXX” (1999). Sales of those albums have fallen off, but ZZ Top remains a touring powerhouse. 

With Francis on board, Gibbons considers ZZ Top a band that still has plenty to say musically. He’s hinted that an album of new material could happen. 

“Elwood is certainly in with us for the long haul,” Gibbons said. “It’s still ZZ Top, not ZZ Top 2 or ZZ Top with an asterisk. The genuine article abides!”

ZZ Top performs at Darien Lake Amphitheater on Thursday, September 12.

T-shirt contest winner, Liberty Pumps, donates back to YMCA

By Press Release
image001.jpg
Pictured above at the new Batavia YMCA (from left to right) are Rachel Hale of GLOW YMCA, Joshua Bender of GLOW YMCA, Dennis Burke of Liberty Pumps, and Calvin Klemmer of Merrill Lynch.

Press Release:

The 11th annual GLOW Corporate Cup was run this August with nearly 800 participants registering for the annual 5K run and walk.  The race brought in just shy of $20,000 in support of the GLOW YMCA.  This money will support the YMCA Scholarship program, ensuring that no one is turned away from the Y due to their inability to pay.

In addition to the race, teams design their own T-Shirts and compete for the most creative design.  Each year the local Merrill Lynch office makes a $500 donation to the winning team’s charity of choice.  This year, Liberty Pumps won the contest for the first time and elected to direct the donation back to the YMCA, bringing the total funds raised from the race to over $20,000.

image002.jpg
Submitted photo.

Hochul pushes for parent forums, more voices, fast movement in pursuit of phone ban

By Joanne Beck
kathy hochul

Gov. Kathy Hochul visited East Syracuse Minoa Central School Thursday, and she discussed various school-related issues, including her potential ban on cell phones in the classroom. School districts, students and parents have asked for this, she says, and "we just have to work out a lot of the mechanics of how this will happen."

A partial transcript of the session was shared with The Batavian by Hochul’s office.  

Hochul shared that she was excited about an upcoming state teachers’ union summit later this month. At this summit, she will bring together all of the stakeholders—teachers, administrators, and superintendents—to discuss how to “operationalize a statewide policy” for a phone ban in schools.

“And there's a lot of lessons to be learned from what other schools have already done across the country, but even here in the state of New York. Schoharie, as well, is one example, just outside of Albany. We listened to them in one of our first sessions. And some schools are purchasing the bags that are magnetic and concealed at the beginning part of the day and unlock them at the end of the day,” Hochul said. “There are other schools that are just saying don't bring them to school at all. I'm learning more about what policies are there — but in order to be a policy for the state, we would have to wait until the legislative session and to enact it there.”

A reporter asked if the law would be voted on through a budget or legislative session. 

“I would like to move faster. It could be budget, but it even could be before the budget. If there is sufficient interest, they can pass bills, and I can sign them very early in the session — that's also a possibility,” she said.  “We'll see what other areas we have to find common ground in if there are any obstacles. I'm working on that now already, so I would like to start off early. But the other thing that's important is to start the engagement with parents very early. So I would say, especially after this summit on the 20th, we'll be announcing where we're likely to go.”

Hochul emphasized that school districts should begin hosting parent forums now to allow conversations with other districts that have already implemented bans. This would allow them to share their concerns before taking action and how they overcame them. 

“But also law enforcement. We need to invite law enforcement in to talk to parents and school districts about how, in their best judgment, if there is a crisis that unfolds in the school — you want these students to be focused 100% on the adult in the room who's going to lead them to safety,” she said.  “Going on your cell phone, texting friends, capturing video — this could all put them in harm's way. And that's a strong message that I heard as I did these roundtables, and I want to make sure every parent hears and understands. There's still a process involved, but I feel even more committed than I did at the beginning of this process. After all the stories I've heard from frustrated teachers, anxious parents — and teenagers who are asking us to help save them from themselves.” 

Hochul was asked if she wanted an outright ban on phones. She said her answer is in the listening tour with school districts that began earlier this year. 

That's what we're looking to — that's part of our listening process. I have personally received enough information for me to believe that we're going to need a ban. School districts have asked for this. Students have asked for this. Parents have asked for this. And we just have to work out a lot of the mechanics of how this will happen — this will take the pressure off of individual school districts,” she said. “I have heard from many superintendents who say, ‘This is hard, it's a lot for us to handle in light of our responsibilities.’ And asking the state to come up with a policy with their engagement that'll be effective. 

“So that's the path we're looking at. But I also have a lot of stakeholders, and I have to work with the Legislature,” she said. “So, we will get to a point where I can announce with finality what we're going for, I still wanted to continue hearing more voices.” 

For the record, Gov. Hochul, there are five voices in Genesee County stating that they don’t want a ban on cell phones in their school districts, primarily because a ban doesn’t offer teachable moments and provide lessons for responsibility for cell phone use. That was the consensus according to superintendents’ responses to questions from The Batavian. 

A ban on cell phones in school? Genesee County leaders say no as Hochul pursues the measure

By Joanne Beck

School’s back in session, and while a cell phone ban in schools might seem like one simple answer to cyberbullying and unnecessary distractions, at least five Genesee County superintendents are against it, according to questions sent to all eight public school district administrators by The Batavian.

Gov. Kathy Hochul went on a listening tour this summer as she has considered a phone ban for students in New York State schools. Such measures at the district level have been rare so far, with Bethlehem Central School cited as one of only a few of the 4,411 state schools to implement such a ban, and not just on phones at that school, but on all electronics, including earbuds and smartwatches.

Questions included the school district’s current phone policy, thoughts about an outright ban on phones in the school/classroom, how the school community would likely respond, benefits and drawbacks of a ban, and whether it’s worth the potential uphill battle and other logistical and financial considerations.

gretchen rosalas
Gretchen Rosales

Elba Central School Superintendent Gretchen Rosales listed several reasons for why a ban is not a great idea, from organizational to financial burdens.

“An outright ban would be difficult to enforce and a problematic interruption to the organization of education.  I am much more in support of teaching students how to effectively use cell phones within a system.  This includes educating students on the dangers of social media and how a lack of personal communication affects relationships,” Rosales said. “We model what we want our children to learn; this is also true of cell phone use.  When something is banned outright, we lose the opportunity to teach students how to effectively manage it.

“Right now, this has not been considered, as the legislation has not been passed.  I can see it creating a financial burden on schools to implement another mandate - monitoring for use and detecting possession can be a costly distraction,” she said. “I would not want to speculate on how the entire school community would react to such a ban without having conversations first. This is a topic with varied opinions.  Whenever faced with a large-scale policy shift, having an open dialogue with all stakeholders proves to be most effective.”

Elba’s current policy is that cell phones are not allowed at elementary school and that there’s a limited-use phone policy at junior-senior high school. Phone use for “educational purposes,” such as using a calculator or accessing educational sites, is up to teacher discretion, she said. Per the district’s code of conduct, students are “prohibited from taking pictures of or recording others, or using phones in a way that may disrupt the educational process,” she said.

Officials at one of those few schools with a full ban had been quoted as saying it made a difference in students’ interactions with one another and that an “enjoyable noise” could be heard of kids laughing and talking in the hallways versus focused on the phone screen.

Rosales was one of several superintendents who has experienced this, she said, regardless of whether a phone ban is in place.

“I find that students interacting with each other still happens more frequently than we might believe.  I would also state that any battle we believe in is worthy of fighting.  The crux of the argument lies in a) a balance of providing safe boundaries for children to navigate the world and b) allowing local school districts to decide how best to educate the children in their communities based on the school's specific needs,” she said. “Every school is different — so our approach to the cell phone issue should be as varied as the needs of our individual communities.” 

Matthew Calderon

Pembroke Central School Superintendent Matthew Calderón shared the socialization he observed on Wednesday, even with cell phones in hand.

“Today was the first day of school in Pembroke, and I experienced the common and enjoyable sound of kids interacting with one another in the hallways despite many of them having cell phones.  We have amazing students, strong families, and wonderful employees, and if the state chooses to ban cell phones, I have full confidence we can navigate it in a way that helps everyone overcome their angst.  Is it a battle worth fighting?  Good question.  The fight to nurture and care for the hearts and minds of our young people is a noble and necessary fight, and at the same time, I believe an all-out ban on cell phones will greatly miss the mark in that regard,” he said. “If we want to help young people learn how to interact with each other in real and authentic ways, there are better ways to do that.  I'm also not sure that our academic performance on numerous measures, including state tests, indicates that cell phones are hindering learning here in our small rural school district.”

As for his stance on a cell phone ban, “I believe in local autonomy, and I generally don't support state-wide one-size-fits-all approaches,” he said. “We do not intend to move toward an all-out ban. If it becomes yet another mandate for schools, we will assess what we need to do at that time.”

That being said, Calderón feels that there are advantages and disadvantages to allowing cell phones in schools and to banning them.

“I would need to survey my community to know for sure, but my sense is that the majority of parents, employees and students would be opposed to an outright ban on cell phones,” he said.

Current policy at Pembroke is that cell phone use is permitted during non-instructional time, such as lunch, and during class for instructional purposes in the junior-senior high school, per teacher discretion. 

“While some elementary students may have phones, it's not really an issue at the two elementary buildings,” he said. “School districts already have the autonomy to ban phones if they so choose, and I believe it is a decision that should be left to each school district and its community.”  

john fisgus
John Fisgus

Over at Oakfield-Alabama Central School, the question of banning phones isn’t really the point, Superintendent John Fisgus said.

Students at OA are allowed to carry their cell phones with them at all times and are instructed and taught when they are allowed to use them or not. Our students, who show great respect for these limitations, understand that it is not about banning cell phones, but about teaching them the proper use and time to use them,” Fisgus said. “This understanding and respect from our students is a testament to the effectiveness of our approach. I do not support the banning of cell phones. 

"It's important to remember that media literacy is not just a buzzword, but a critical skill for our students who are born and live in a rapidly evolving digital society, of which cell phones are a common denominator,” he said. “Parents and students also find safety in having access to their phones, especially communicating (texting) during emergencies.”

He also cited an important medical reason for keeping one’s phone nearby: apps that work as blood-level monitors.

“I, for one, am a diabetic who utilizes a sensor and a cell phone app to constantly monitor my glucose levels,” he said. “My cell phone provides me with alerts and real-time glucose readings. I certainly know we have students in our district who do the same.

“Outright banning cell phones is an extreme measure in my eyes. Teaching this generation how/when to use cell phones during school hours provides a healthy balance for our staff, students, and their families,” he said. “Again, let's ‘teach’ about and role model when to use cell phones, not ban them.” 

Likewise, Batavia City and Le Roy Central school district superintendents Jason Smith and Merritt Holly oppose a phone ban and believe that it’s a district's responsibility to teach about cell phone use rather than merely banish it from the classroom.

Jason Smith
Jason Smith

“Our District does not have an outright ban, and I believe we need to teach students how to properly manage their devices' responsibility, as opposed to a total ban, Superintendent Jason Smith said about the Batavia City Schools’ students. “There are cell phone rules on airplanes, concerts, movie theaters, etc., and I believe schools should operate under a similar premise:  use the technology responsibly and appropriately.”

The Batavian must note that, in September 2023, the district’s Board of Education joined a consortium formed to sue social media giants — TikTok, Snapchat, and Facebook, for example — for creating “a youth mental health crisis caused by social media addiction” via their cell phones. So, while the district is against banning cell phones during school time, it is also suing social media for bombarding kids through those phones. 

So, The Batavian asked Smith why not remove those opportunities for social media during the school day. 

"At our schools, we have procedures in classrooms that provide structure and guidelines for cell phone use, and we are continually refining and updating these procedures, as well as providing reminders to our students," Smith said. "When used properly, cell phones have a myriad of teaching opportunities, too, as I have seen teachers use apps and programs that enhance lessons.  If we are required to institute a total ban, then we will do so, but again, we have procedures in place at our schools that govern cell phone use.  Completely removing cell phones does nothing to teach students proper use--that is precisely why we have rules and procedures in our schools."   

And is the district educating kids about the dangers of social media on their cell phones since you speak about teaching responsibility to them?

"We have provided training to our library media specialists over the years on digital citizenship, and they have subsequently written a curriculum on this topic.  We have two digital citizenship classes at the Batavia Middle School in grades 5 and 8," he said. "Finally, at every opportunity we have, our principals and assistant principals, along with our counselors,  always remind and teach our students proper cell phone use.  I would continue to encourage families to continue to do the same with their children."

When asked if he thought his school community — parents, staff, faculty, students — would benefit and get on board with a phone ban, Smith replied:

“There would likely be a wide range of opinions on this matter, with some strongly in favor and some strongly opposed, and many views in the middle,” he said. “Regardless, we are educators first and foremost and need to teach students how to use devices properly, just as we teach 16-year-olds how to drive a car properly – both can be dangerous if used improperly.

“Should the governor be successful in gaining legislative support for this measure, we will work with our school community and staff on how to best implement such a policy,” Smith said. “An outright and full ban does not teach students how to properly manage their devices. In addition, cell phones have become an integral part of society and often serve as a measure of safety for parents and students.”

He said the district’s current policy has cell phones off and put away,  but it depends on the school. Each school has its own special guidelines based on the age of students. 

“We do not have a complete cell phone ban at any of our schools, and phones are allowed in schools,” he said.

That policy has not seemed to deter students from interacting with one another, something that may go against one’s belief that devices are isolating, according to Smith’s daily walks through school.

“I am in our schools every day, and not a day goes by when I do not hear the enjoyable noise of students interacting with one another and our staff – with or without a cell phone,” he said. 

Merritt Holly

Le Roy has a color-coded policy, where the Red Zone at Wolcott Street School for grades kindergarten through grade six signals that phones are to be off and in one’s backpack or locker during the school day, versus a Yellow Zone in the Junior/Senior High School for grades seven through 12 is for the hallway, cafeteria, classrooms, and library. 

The zones were created to guide students in properly using their electronic devices, Le Roy Central School Superintendent Merritt Holly said. The teacher communicates if using a cell phone is allowed in these areas. Red Zones at the high school are in the bathrooms, locker rooms and auditorium. 

He would not support an outright ban of phones in the classroom and believes it should remain a local school decision. Implementing a ban would also eliminate the opportunity to do what schools are supposed to do, he said and ignores the main issues about phone usage.

“Our cell phone procedures function in both buildings and allow teachers and administrators to educate our students on properly using their electronic devices.  The cell phone procedures also allow for flexibility, especially at the Jr/Sr High School.  If a Jr/Sr High School teacher wants to make their classroom a red zone for the day, week, month, or year, they have the option to do so.  Another teacher may have the student use their phone for instructional purposes.  Building principals could also limit cell phone use for a particular student if a student violated the Code of Conduct or had a zone violation,” he said. “Instructing students in and on digital literacy is essential in education.  Students need to learn how to use technology safely, effectively, and responsibly to communicate effectively. Instituting a ban does not address root causes or concerns around cell phone use.” 

The Batavian did not receive responses from Alexander, Byron-Bergen and Pavilion school districts.

Hochul seemed fairly confident in her decision to move toward a ban after her tour of school districts earlier this year. If she approves a state law, New York will join Florida, Louisiana, Indiana, South Carolina and Los Angeles County with similar restrictions. New York City is also reportedly considering its own ban ahead of the potential state-wide mandate.

“I pretty much know where I’m going. I believe people will come along because I know what I’ve heard, that this is probably the one bipartisan — I want to say nonpartisan — issue that really is having a breakthrough,” Hochul said in a recent interview with The NY Times. “I want to go big on this one. We’re going big.”

Hochul also visited a Syracuse-area school on Thursday and answered some questions about a potential ban.

Man accused of firing on SUV released without bail, prompting complaint from Hawley

By Howard B. Owens
shot vehicle
Reader-submitted photo.
robert james talbot
Robert James Talbot, Jr.

A 48-year-old man accused of firing a weapon at a white SUV that looked like a law enforcement vehicle on Aug. 29 was later released on his own recognizance, according to court documents obtained by The Batavian. 

Robert James Talbot, of Batavia, was arraigned in Centralized Arraignment Part Court, but his prior federal convictions were not sufficient for the judge to set bail or order him held.

He was arraigned in the early morning of Aug. 29.

He was charged with two counts of criminal possession of a weapon in the fourth degree, reckless endangerment in the first degree, and criminal mischief in the third degree.

Those are not qualifying offenses for bail or pre-trial confinement.

The judge noted he had a criminal history but "not two felonies."

The judge can set bail if a defendant has been sent to prison on two separate occasions.

Court documents contain a statement from the owner of the vehicle, who said he was driving a "white 2016 police package Ford Explorer."

He parked at a mobile home lot at 5066 Clinton Street Road, where he was visiting a friend. 

"Moments after I entered the residence, I heard what sounded like two gunshots," the victim wrote. "I didn't think much of it at that time. Then again, between 12:00 -- 12:30 p.m., I heard two more gunshots. Again, I wasn't concerned with the sounds. It was around that time that my friends were going to leave their residence for an appointment, so I, too, was going to leave as I returned to my vehicle. I grabbed my door handle and saw debris on my driver's seat. I then saw more debris on my dashboard. It was then I saw that my windshield looked like it had been shot."

There were four bullet holes in the windshield.

The victim called 9-1-1, and a state trooper was dispatched. State police investigated and concluded the shots came from a specific location. 

The investigation led to the arrest of Talbot.

Talbot was allegedly found in possession of a Savage Mark II .22 LR Rifle and an H+R 1871 Pardner Pump 20-gauge shotgun.

In 2014, while in Texas, Talbot allegedly set up a Facebook page where he tried to recruit followers for an insurgency.  He revealed plans to rob banks to fund the insurgency.  

He was convicted of attempted interference with commerce by robbery and solicitation to commit a crime of violence and was sentenced to Federal Prison in November 2015.

It's unclear on when he was released and when he returned to Batavia.

After learning of his release, Assembly Steve Hawley issued a statement pointing to the case as an example of lax bail reform laws for Talbot's release.

“Once again, we see the disastrous results of bail reform; this man was and is a clear and present danger to society, but unfortunately, due to big city liberals’ soft-on-crime attitude, he was able to walk free and can roam the streets again," Hawley said. "The fact that someone who once went to federal prison for terroristic activities and then fired a gun at cars is not able to be held in jail is asinine. If this isn’t someone who should not be allowed on our streets, then I don’t know who is. One thing is abundantly clear: bail reform must be repealed, and we must allow our judges to determine bail for dangerous individuals; if we don’t, incidents like this one will keep on occurring.”

His next scheduled court appearance is Sept. 10 at 10 a.m. in Batavia Town Court.

 Previously:

After 20 years in California, Elba resident returns to get back into flower business, starting with gladiolas

By Howard B. Owens
gladiolas-in-elba
Daniel Riggs and his mother, Jane Riggs.
Photo by Howard Owens.

When Daniel Riggs was nine years old, he helped Joanne Olson dig up her gladiola bulbs just before winter cold set it so they could be replanted in the spring. 

That started the Elba resident's passion for flowers, particularly gladiolas.

"I guess the entrepreneurship in me was instilled at a young age," Riggs said. "I discovered at that time I could grow and raise Gladiolus and sell them at a market. At that time, I was also selling vegetables we planted on our land, and the gladiolas seemed to be a hit right off the bat, so I grew them and sold them at the market until I was 29."

Then he moved to California, working in Palm Springs as a real estate broker for 20 years.

"Throughout that 20 years, I missed the farm," Riggs said. "I missed gardening and being home in the summers."

A year ago, he returned to Elba and started a new business this year. Flours Market, a name he says hints at the idea that a bakery and flower shop might be a good pairing someday.

He planted 60,000 bulbs this spring and has been selling them from a flower stand on the family's property on Batavia Elba Townline Road, as well as other locations.

"It's kind of come full circle, and there are a lot of exciting plans that I have ahead," Riggs said.

gladiolas-in-elba
Daniel Riggs.
Photo by Howard Owens.

Six Flags Darien Lake seeking 400 new team members for fall festival events

By Press Release

Press Release:

Six Flags Darien Lake is now hiring for fall including Boo Fest and Fright Fest. 400 new team members are needed for 2024 fall season including:

  • Scare Actors/Ghouls
  • Makeup Artists
  • Greeters/Ambassadors 
  • Entertainment Technicians
  • Ride Operators
  • Admissions
  • And more

Open auditions and interviews take place Tuesday and Thursdays now through September 19, from 3 - 7 p.m. at the Six Flags Darien Lake Human Resources building. Interested applicants should bring their Social Security Card and a current Photo ID with proof of age OR a school ID & Birth Certificate.

Interested applicants are encouraged to apply online by visiting SFDL JOBS. Team members can enjoy benefits like in-park discounts, rewards and recognitions, exclusive team member events and more. For questions, call the Six Flags Darien Lake Human Resources office at 585 599 5108, Monday – Friday 10 a.m. – 4 p.m.

With a new year starting, memories of school days in Batavia

By Anne Marie Starowitz
starowitze third grade john kennedy

My earliest memories began at East School on Main Street, Batavia. It was kindergarten, and I only remember it had a wooden playhouse in the classroom.

We had rest time on the floor every day, and it was a half-day session. 

I began school at the new John Kennedy School on Vine Street in 1955 in first grade. I attended John Kennedy School until third grade. I still remember the song “This Is Our School, John Kennedy, the Colors Gold and Blue.”   John Kennedy’s new school was in our back yard, so we could walk through the field and get to school.  My youngest brother, John, remembered that route because he decided to walk home on his first day in kindergarten. I can’t imagine his teacher looking for him!

The following school I attended was St. Joseph’s Catholic School. I entered there in fourth grade. That was the year I met my best friend, Cathy. 

starowitz school

We all have so many memories of the nuns in the Catholic school. My memories are no different. The one thing I remember coming from a family of six was that it was hard to follow my brother Sam; we were nothing alike, and the nuns couldn’t wait to emphasize that. I remember my teacher telling me to stop talking; evidently, I didn’t, so she made me stand in the back of the room in a small corner. I was on the side of the school that faced a group of trees. I was fine. I watched a bird build a nest on one of the branches; it was much more interesting than what Sister Kathleen was teaching. When the principal entered the room, we all had to stand up and say good morning, Sister Mary Evangelist!

anne marie starowitz

I also know that the year "Ben Casey" and "Dr. Kildare" were popular television shows.  Sister Mary Pius was not happy with me again.  I had a picture of Ben Casey taped to the inside of my desk. When I opened my desk, his picture was in my face. Unfortunately, Sister saw me looking at the picture and slammed my desktop down. My best friend liked  Dr. Kildare but was smart enough not to flaunt his picture. I can honestly say that there were times you feared the wrath of your teacher.

Does anyone remember what we were told about wearing patent leather shoes? 

One year, Sister Estelle asked me to come to the front of the room. She told the class to look at my uniform. I was wearing some of my lunch! It was a little embarrassing. I told my husband about this, and he burst out laughing because whenever we went out to eat, and I had spaghetti sauce, I would always come home wearing it.

anne marie starowitz

Another thing I remember is that my youngest sister had a problem staying in her seat, so to help her remember, the nun tied her to her chair. I remember my father saying if you have a problem with my child, you have my permission to discipline them. He also stated that when we got home, he would discipline us. This time was different; he contacted her teacher and said not to tie his child to a chair. What if there was a fire? She was never tied to her chair again, but I can’t guarantee she did not continue to get out of her seat. 

You can’t forget the mission babies. The Sisters would ask us if we had any lunch money change we could donate to the missions. We could pick a name when we had earned enough money to help a mission baby. I was so excited the day they named the mission baby Anne. 

The next chapter of my education was at Notre Dame High School. Again, I was compared to my brother, an excellent student. I do know my conduct mark was always lower than his 99%. The day I wanted to see if I could fit into a locker in our locker room was funny. I could, but Sister Edward Ann, Dean of Students, stood there when the locker door opened. She did not think that was funny. 

You can’t forget the beautiful navy blue uniform, long-sleeved white blouse, and the bolero! They were so attractive, especially to someone who weighed barely 100 pounds. 

I went on to college and graduated in 1972 with a BS in Education. I was a teacher, and my first job was at Wolcott Street School in Le Roy. I loved my time there as a third grade teacher. I knew what kind of teacher I wanted to be. The most important thing I knew I would do was to create an atmosphere where children felt safe and respected, and I would provide them with an atmosphere for learning and always knowing they were loved. 

This is my disclaimer for my early years: I’m 74, so my memories might be fuzzy. 

Pembroke gets three set win over Newfane in Girls Volleyball

By Staff Writer

Pembroke beat Newfane in Girls Volleyball on Thursday in three sets, 25-15, 25-17, 25-21.

Senior Reagan Schneider had 11 kills, nine aces and three digs. Juliana Cleveland dished out 16 assists and three aces. Taylor Bischoff had six kills and two aces, while  Journie Saddler added seven digs. 

For Newfane, Kimberly Schmitt served up three aces and two kills. Julia Leibring added two kills and one ace. 

Photos: Schools open with smiles and anticipation for new year

By Howard B. Owens
batavia-middle-school-first-day-2024
Photo by Howard Owens

Batavia City Schools, like other school districts in Genesee County, opened its doors on Thursday morning for the first time of the 2024-25 academic year.

At Batavia Middle School, Superintendent Jason Smith was on hand to welcome students back to classes.

"The opening of school is always a special day for our students, families and staff," Smith said. "There is always a high degree of excitement and optimism with the start of a new school year, and we love having our halls and classrooms filled with the sounds of children, be they three years old or 18 years old, and all ages in between.  Welcome back, Blue Devils!"

batavia-middle-school-first-day-2024 jason smith
Jason Smith
Photo by Howard Owens
batavia-middle-school-first-day-2024
Photo by Howard Owens
batavia-middle-school-first-day-2024
Photo by Howard Owens

Top Items on Batavia's List

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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