Photo of 46 Swan St., Batavia, taken Nov. 2 by Chuck Bernard.
Fire investigators with Batavia City Fire have concluded that Friday's blaze at the former Backhoe Joe's, 46 Swan St., was the blaze "ignited under circumstances when a fire should not be ignited," according to a press release.
The press release notes, "a fire declared incendiary does not indicate the crime of arson."
The investigation is being turned over to Batavia PD to determine if the fire was intentionally set or caused by some human action.
The building was without electrical or gas service.
Earlier today, the building's owner, Ron Viele, told The Batavian that there has been an issue with transients going into the building, perhaps lodging there.
"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.
The City of Batavia Fire Department was dispatched to a reported working structure fire at 46 Swan St. in the City on Jan. 12, 2024, at approximately 12:11 p.m. Initial dispatch reported multiple calls of flames showing.
City Fire crews were clearing two separate EMS at the time of dispatch, and Squad 17 was the first initial unit on location. Squad 17 arrived at 12:14, reporting a 3-story wood frame structure fully involved. At that time, a second Alarm was called. Engine 12 arrived four minutes after initial dispatch and requested a third alarm.
Captain Robert Fix was the initial Incident Commander and declared defensive operations with total building collapse seven minutes after initial units arrived. City Fire Chief Joshua Graham arrived at 12:23 p.m. and assumed command of the incident.
Fire crews focused on protecting an exposed building to the south of the incident structure. Crews were initially hampered by a live power line that burnt through and fell onto a metal fence, preventing them from making entry to the rear on the incident structure.
Once the fire was knocked down, an excavator was called in from Yasses. Fire investigators worked with the excavator to slowly remove debris while working to determine a cause and origin.
City of Batavia Fire Investigators believe that the fire spread through ventilation holes. No utilities were operational to the structure in preparation of demolition. Fire Investigators have ruled the fire incendiary. Incendiary fires are defined as fires ignited under circumstances when a fire should not be ignited.
City Fire has completed its portion of the investigation. It is important to note that a fire declared incendiary does not indicate the crime of arson. City Police will continue to investigate.
There were no injuries as a result of this incident.
City Fire would like to thank City DPW, City Police, Genesee County Office of Emergency Management, Genesee County Dispatchers, the Town of Batavia, Elba, Stafford, Pavilion, and Oakfield Fire Departments, Mercy EMS, National Fuel, National Grid, and Salvation Army for their assistance and support.
Photo of 46 Swan St., Batavia, taken Nov. 2 by Chuck Bernard.
Chuck Bernard took this photo on Dec. 17, which shows 46 Swan St., Batavia, as it was being prepared for demolition. Bernard noted that the orange object on the ground in the lower right is a sleeping bag. Owner Ron Viele said he was trying to keep transients out of the building.
It's been Ron Viele's intention for years to tear down the wood-framed structure at 46 Swan St., Batavia, once known as Backhoe Joe's, because it has been an eyesore on Swan that potentially devalues the rest of his property on the street.
Viele owns Viele Construction, which has an office at 61 Swan St.
"I want to make sure that street looks as good as possible," Viele told The Batavian.
He's aware of social media chatter that the fire was an "insurance fire," but it wasn't insured, he said.
"That building was not in good shape," Viele said. "It is adjacent to the railroad tracks. A former owner had taken everything out and people were coming in and taking wires and pipes, anything of value. I intended to take it down, and the building had no insurance on it."
Some years ago, he tried to buy the building, winning it at a tax lien auction for $8,000, but a former city manager felt his purchase of the building was a conflict of interest with Ron's son, Paul Viele, on City Council, so the property went to another buyer. Then in 2018, it came up for auction again, and he and Dick Borrell teamed up to buy it for $1,800, he said.
He bought the property with the intention of demolishing the building.
He said he owns about $800,000 worth of property on Swan Street. He wants to protect those investments.
The clean up -- after the fire -- will still cost him at least $40,000. That may be at least $4,000 cheaper than the demolition would have cost, he said, because there is now less material to haul away.
He noted that electrical and water service had been shut off to the property for some time.
"It was one of those buildings that could become a money pit," Viele said. "I could put six figures into it. The return (on investment) wouldn't have been good enough to fix it."
Viele said he needed multiple permits from the city in order to proceed with demolition. He recently got final approval and was ready to proceed, but the contractor he hired for the job was tied up, so demolition wouldn't have started for at least another two weeks.
That section of the street is zoned industrial, and the parcel is too narrow to build anything new on it because of setbacks required in the current zoning code, so once the building is cleared away, the lot will likely remain vacant.
While most people remember 46 Swan as Backhoe Joe's, it was a tavern for many decades under various names. Those were once thriving businesses when there was still heavy manufacturing at the Harvester Center and Wiard Plow, but as employees drifted away from those industrial hubs, the bar and restaurant business on Swan Street dried up.
More recently, the building has been attractive to transients, Viele noted. He said just a week ago, he called the police to chase transients out of it, and he had asked Batavia PD to provide extra patrols in the area to keep transients away. He put a fence around the entire property a few weeks ago to try and keep transients out of the building.
Viele said a fire chief told him initial indications are that the fire started in the basement.
"Probably what happened was a transient was in there who was trying to keep warm, and something stupid happened," Viele said.
Fire Chief Josh Graham said that is possible, but investigators, which include investigators with Batavia PD, have not yet made a final determination on the cause and origin of the fire.
"No matter what happened, it's not a happy event," Viele said.
A backhoe removing rubble to help investigators access the foundation of the former Backhoe Joe's at 46 Swan St., Batavia, late Friday afternoon following a fully involved fire that destroyed the structure. Photo by Howard Owens.
No piece of lumber, so to speak, will go unturned at 46 Swan St., Batavia, the former Backhoe Joe's, as fire investigators attempt to determine how a conflagration enveloped the vacant building on Friday afternoon and brought it to the ground.
Both Chief Josh Graham, City Fire, and Capt. Robert Fix, said as of yet, they have no clue how the fire started or why it spread so quickly.
An initial caller at about 12:10 p.m. reported smoke coming from one of the windows. A few minutes later, Fix was leaving the County Courthouse, where Engine 17 had been dispatched earlier for a medical call, and he saw a tower of smoke to the east and immediately called for a second alarm.
"Upon arrival, it was fully engulfed in fire throughout all the windows," Fix said. "That's when we went to a third alarm because of the large brick exposure building and set up for defensive operations."
All City Fire platoons were dispatched to the fire. Oakfield Fire filled in at City Fire's hall. Town of Batavia, Stafford, and Elba all responded to the scene.
There have been no reported injuries.
Fix said the first concern was protecting nearby buildings, particularly the closest structure, a brick building to the south of 46 Swan, which explains the defensive posture of fire crews.
There was also an issue with sufficient water flow from one fire hydrant.
"The problem is with the fire, this fire, if you start using too many hydrants in the same neighborhood, you're robbing water from each other at that point," Fix said. "So we had some of the mutual aid fire departments come in off Liberty Street and start bringing a water supply from a different area."
As for potential reasons why the fire spread so quickly, Fix suggested the afternoon's strong breeze fed the flames.
"There was a pretty good east wind here like there is now, you know, during the fire and having the vacant lot across the street and the railroad tracks, the wind is whipping right through here pretty good," Fix said. "But other than that, I don't have a reason why it got such a good head start on us."
Graham noted the age of the wood structure. Also, since the building was in the midst of demolition.
"It's an older structure," Graham said. "There's a lot of holes in it, a lot of ventilation and stuff to feed the fire. So it could be as simple as that. I can't rule anything out. We just don't know at this point."
Neither Graham nor Fix would speculate on the possible cause of the fire.
The structure has been vacant for a long, long time -- nobody at the scene seemed to know how long. Over the summer, there were signs of work being done on the building, then a safety fence was erected around the entire lot, and a sign for Viele Construction was on the Swan Street side of the property.
The county lists 46 Swan Street LLC and the property owner. That LLC has a mailing address of 61 Swan St., Batavia, which is the location of Viele Construction.
County tax records say the "actual year built" for the structure was 1920, with an "effective year built" of 1970. The lot size is .16 acres. The commercial use is listed as a tavern with 1,943 square feet. The total area of the structure was 3,886 square feet.
In 2002, Joseph Garland sold the property to 46 Swan Street LLC for $70,000. The LLC sold it in December 2011 for $1 to Julie Pappalardo. The City of Batavia is listed as the owner prior to a sale on March 27, 2018, to Richard Borrell. He owned it until June 26, 2018, when 46 Swan Street LLC reacquired it for $1. With the exception of the 2002 deed record, the property is listed as unusable for valuation.
Its most recent total assessed value is $22,000. The land is assessed at $6,400.
For more photos, when the building was fully engulfed, click here.
Photos by Howard Owens.
County tax record photo of 46 Swan St., Batavia.
Photo of 46 Swan St., Batavia, taken by Chuck Barnard in 1985, after it was Angel's but before it became Backhoe Joe's. Bernard said it was originally Kornowski's Hotel, and the second floor was the first home of the Polish Falcons.
Photo of 46 Swan St., Batavia, taken by Chuck Barnard in 1985, after it was Angel's but before it became Backhoe Joe's. Bernard said it was originally Kornowski's Hotel, and the second floor was the first home of the Polish Falcons.
Photo of Comeonover Hanover courtesy of Wendy J. Lowery.
A sloppy track combined with heavy snow that started to fall after the third race provided some messy going at Batavia Downs on Thursday afternoon (Jan.11), but it didn’t take away from competitive racing and several very close finishes.
The features were a pair of $15,000 Open I Handicap races that were written for each gait.
First in the $15,000 Open I Handicap trot, despite coming up only a neck short in his first start in the top class at Batavia last week, Comeonover Hanover was dismissed by the betting public at 9-1 and made them pay after making a late rush to victory.
Blogmaster (Jim Morrill Jr.) led to the half in a soft :59.2 when Big Box Hanover (Larry Stalbaum) moved first-over and pushed the issue to three-quarters. At that station, Comeonover Hanover (Billy Dobson) was still sixth, but out and moving third-over. After coming out of the turn, Big Box Hanover took the lead from Blogmaster and Special Prosecutor (John Cummings Jr.) had moved into third. But it was Comeonover Hanover who was barrelling down the center of the track and took the lead at the wire to win in 2:00.4.
Comeonover Hanover ($20.60) is owned by Perry Elkins and trained by Andy Gardiner.
Then later in the $15,000 Open I Handicap pace, Lanjo Lee took no prisoners and could not be caught as he easily put away the competition in the stretch.
Lanjo Lee (Kyle Cummings) took the lead and cut quarters of :28.2 and :58.2 before Alta Engen A (Jim Morrill Jr.) pulled first-over from third. As they paced up the backside on the second circuit, Alta Engen A tried hard but could not get alongside Lanjo Lee and by three-quarters, his challenge had ended. This left Lanjo Lee two lengths ahead of the pocket-sitting Dontholdanythinbak (Keith Kash Jr.) and looking very much like a winner. When they straightened for home, Lanjo Lee bolted for the line under a line drive and won by 1-¾ lengths in 1:55.2..
Lanjo Lee ($8.40) is owned by Gordon Swift and trained by Jeff Sorenson.
In the day’s 14th race, driver Brett Beckwith made a three-wide move in the last turn with All About Lynx and caught the front-running Examiner Hanover (Larry Stalbaum) at the wire to win in 1:59 and blow up the tote board at 53-1. All About Lynx returned $109 for the win and sparked a 7-4-5-2 superfecta that returned the handsome sum of $3,253.80 for a 20-cent wager.
Drew Monti and Billy Dobson both scored driving hat tricks on Thursday while the day's top trainer Chris Petrelli sent two from his stable to the winner’s enclosure for pictures.
Live racing resumes at Batavia Downs on Monday (Jan. 15) at 3 p.m.
Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.
Independent Living of the Genesee Region (ILGR), working in cooperation with the Genesee and Orleans County Health Departments, has opened a Children and Youth with Special Health Care Needs (CYSHCN) Family Resource Library. Relatives of young people with disabilities from Genesee and Orleans Counties can make appointments to investigate adaptive devices and other equipment before investing in them, and perhaps arrange a short-term loan of an item.
About the Resource Library: The CYSHCN Resource Library is for children and their families to be able to test and identify tools and supports that will help their child/ youth in areas such as development, emotional regulation, support with health conditions or disabilities, sensory processing, communication, learning disabilities, advocacy, and more. This is a great way to try items for FREE, to see what works or doesn’t work before buying.
Supportive Equipment and Assistive Technology: Equipment is expensive, so this is a great way to try different items to see what works, or what does not, with no out-of-pocket expense. Some equipment available includes sensory toys, busy books, balance seats, tools that can support occupational therapy (OT), physical therapy (PT), speech goals, communication tools, and much more.
Books: We have a variety of books and workbooks that support parents, children, and youth of all ages.
For more information, contact April Fearby, CYSHCN Program Specialist at ILGR, at afearby@wnyil.org, or by calling 585-815-8501, extension 401.
A total of 814 SUNY Cortland students earned President's List honors for the Fall 2023 semester. To qualify for the President's List, students must earn a grade of A- or better in each of their classes while carrying a course load of 12 hours or more.
Among those honored were:
Emma Efing of Le Roy (Adoles Educ-Social Studies)
Kaylie Kratz of Batavia (Incl Early Child Edu(B-2) WAIT)
Allie Schwerthoffer of Batavia (Healthcare Management)
SUNY Canton recognizes its part-time students for academic achievement during the fall 2023 semester.
"Your commitment to balancing multiple responsibilities while pursuing your education is truly admirable," said SUNY Canton President Zvi Szafran. "By earning Part-Time Honors, you have demonstrated exceptional determination and a relentless pursuit of excellence. Keep up the remarkable work, and may your academic journey continue to inspire others."
The college created Part-Time Honors to recognize students who earned at least a 3.25 GPA in 6 to 11 credit hours of coursework. It stands alongside the college's Dean's List and President's List as one of the top awards given for academic success during a single semester.
Area students who earned Part-Time Honors include:
Dawn Hunter, a SUNY Canton Legal Studies major from Batavia.
Patrick J. Urckfitz, a SUNY Canton Management major from Penfield.
Abby Bestine, Lily Wagner, and Quinn Woeller. Submitted photo.
Story by Coach Matt Holman:
It was windy and snowy for the first race of the 2024 ski season on Wheels Run.
The warm daytime temperatures left the race course softer than ideal conditions would provide. After the modified field had completed its first run, the course had been worn with ruts and large snow piles for the racers to navigate.
The Batavia Alpine Ski team fared well, with a third-place finish for the boy's team and a 4th place finish for the girl's team.
Leading the way for the team was a ninth-place finish for senior Ben Stone. Ethan Bradley (12th grade) was 15th, Gunnar Pietrzykowski (9th Grade) was 18th. Freshman Nolan Radly had a first run time good enough for 16th place but was unable to finish his second run.
Lily Wagner (12th grade) finished 11th for the girls. Quinn Woeller (12th grade) and Abby Bestine (11th grade) had good first runs (15th and 17th, respectively) but were unable to finish their 2nd.
"This first race sets the stage for a good season," Holman said. "The young skiers have learned some things tonight that you can't outside of an actual ski race, and I believe these teams will only get better as the season goes on."
Ethan Bradley, Nolan Radley, and Ben Stone. Submitted photo.
It seems that winter is finally coming around to settle in for a little visit in Genesee County. It was a grey, snowy afternoon on the campus of Genesee Community College (as seen from the parking lot of the Medtech Center). Photo by Howard Owens.
GO ART! is seeking submissions for an upcoming exhibit, This Art is Garbage which provides artists an opportunity to explore the possibilities of garbage and waste as a medium for creativity. Artists are asked to redirect items that would normally be thrown away, into works of art.
Open to artists of all skill levels, we are actively seeking submissions from students, emerging artists, and professionals. Garbage is a theme that connects us all and we hope to showcase a wide variety of skill levels and perspectives.
Location:
Oliver’s Gallery, GO ART! Seymour Place, 201 E Main Street, Batavia.
Dates:
Work Drop Off: Feb 7 - 10, 2024, 11 a.m. - 6 p.m.
On View: Feb 14 - Mar 30, 2024
Artist Reception: Feb 15, 2024, 5 - 8 p.m.
Theme:
This Art is Garbage
Eligibility:
Open to all levels of artists: students, emerging, and professionals
Guidelines:
Works of art may include a component of garbage in the finished piece, garbage may be used in the art making process (for example, creating texture and pattern), or garbage as the subject of the piece (for example, creative photography of discarded objects). “Upcycled” items, such as painted furniture, are not accepted.
Work must not exceed 36”x 36”
Artwork must be wired and ready to hang (GO ART! reserves the right to turn away any submitted work that is not properly wired and ready to hang.)
Entry:
There is no entry fee
Each artist may submit up to two works.
Exhibit applications can be found here: https://forms.gle/QSzPYNLg2xe3h2fC6
For more information visit goart.org/galleries.
This exhibition is organized by Leigh LeFevre and Rebecca LeFevre. Feel free to reach out with any questions or follow us on Instagram for updates. Contact Leigh at leighlefevre@icloud.com or @takeastepback_podcast. Contact Rebecca at lefevre.studio@gmail.com or @rebeccalefevre.art.
Join the Genesee County Master Gardeners for their monthly Garden Talk programs starting Feb. 1, at Noon. Master Gardener Denise K. will be our presenter for “Gardening in a Warming World.” Denise will discuss the whole landscape approach to gardening. You will learn techniques on how to better prepare and help your garden flourish. We'll also cover some Integrated Pest Management (IPM) information.
March 7 - Let’s “Travel to the Canary Islands” with Master Gardener Kathie W. Ever wonder what it would be like to garden in a place where there is no level ground? Or on a volcano? Take an armchair trip with us as we travel to Funchal, a volcanic island off Portugal, and Tenerife, part of the Canary Islands. Learn about gardening on volcanic islands. Explore someplace new!
April 4 - “Bluebirds!” with Master Gardener Chee L. Everybody loves bluebirds, that’s why they’re the official bird of New York State. If you are new to bluebirding, this program will cover everything you need to know to attract them to your property. If you’re an old pro this will help refresh your memory of why you love them!
May 2 - “Hardscape in the Garden” with Master Gardener Roberta T. Not every part of a garden has to have plants. Hardscape is any of the non-living elements in your landscape design. We’ll give you some ideas on how you can easily add stone elements to your landscape.
June 6 - Master Gardener Maud C. will do a demonstration on “How to Create a Terrarium.” Always popular, they are sometimes referred to as “gardens under glass.” Whether you would like to create a theme-based garden or just a plant jungle, the principles are the same. Maud will walk you through the steps so you can build your own and also give you tips to keep your terrarium looking spectacular.
Garden Talk programs start at Noon and can be 30 to 60 minutes long, depending on the topic. This free series is open to all, but registration is required. You can attend in person at the CCE office (420 East Main Street, Batavia) or via Zoom.
To register for a Zoom link, visit our Cornell Cooperative Extension of Genesee County website at http://genesee.cce.cornell.edu/events. A Zoom link will be sent to your email with your personal link to the event.
To attend in person please contact Laura at 585-343-3040 x101 or leg224@cornell.edu. Upcoming Master Gardener events will also be posted on the CCE Genesee County website. Garden Talk programs are recorded and posted to our CCE Genesee YouTube page at www.youtube.com/channel/UCaXK_W80PkoUBj-HBm8OFMA/videos.
The Genesee Society of Model Engineers announces that their Spring 2024 edition of the Great Batavia Train Show will be held at the Richard C. Call Arena in Batavia.
The large venue on the campus of Genesee Community College offers unmatched convenience for attendees and vendors. The show is scheduled for Sunday, April 14, 2024. Details follow:
Date: Sunday, April 14, 2024 from 9:30 a.m. - 3:30 p.m.
Location: Richard C. Call Arena at Genesee Community College, Batavia
Admission: $6 for adults, $3 under 18, free for children under 13.
The train show will feature model train vendors, free parking, and a snack bar.
For 50 years the Great Batavia Train Show has been one of the premier hobby events in Western New York. The Richard C. Call arena at Genesee Community College is a perfect train show venue providing excellent lighting in a comfortable, state-of-the-art facility. All forms of model railroad and train-related merchandise will be available. Over 100 vendors will be offering all scales of model trains and historic railroad items.
Modeling demonstrations, and a limited number of portable layouts, will be part of the fun. Free parking, on-site concession stand, and plenty of seating add to the experience.
For more information please contact the Train Show Chairman Mike Pyszczek. He can be reached at 585-768-4579, bataviatrainshow@gmail.com, or GSME, P.O. Box 75, Oakfield.
2023 File Photo of a construction trailer being removed from the premises of Ellicott Station on Ellicott Street, Batavia as it sits uncompleted and in limbo. Several contractors have filed mechanics liens against businessman Samuel Savarino for nonpayment of goods and/or services. Photo by Howard Owens.
A recent peek at legal filings in Genesee County shows that five contractors have filed mechanics liens against Ellicott Station Commercial LLC, owned by Samuel Savarino, for labor and materials totaling more than $243,000 as of early September of 2023.
Ellicott Station, the four-story, 55-apartment complex at 56 Ellicott St. in downtown Batavia, has been left idling since Savarino shut down his Savarino Companies this past summer. Tenants were chosen, tax credits were promised, and paperwork was signed, yet he walked away from the deal, leaving the unfinished property in limbo.
One of those liens, filed by Carter Lumber Co. of Pennsylvania for $49,015.79, was later discharged or dropped. The lien was filed for several supplies, including framing lumber, Tyvek house wrap, anchor bolts, Simpson Hangers, and other framing materials that were installed beginning in September 2022, according to lien documents.
As of Sept. 13, the lienor, Carter Lumber Co., “does hereby consent that any notice of pendency/Lis Pendens filed against the private improvement be discharged of record,” a document states.
Available documents indicate there is a remaining $194,094.10 unpaid to the other contractors, including:
Truax & Hovey, Limited, of Liverpool,which filed a lien for $63,000. The unpaid sum was for labor performed on Gypsum Cement underlayment.
AmBuild Supply, LLC, of Fairport, for $89,746.30. The company provided materials valued at $235,974.89, of which $146,228.59 was paid for, documents state.
The remaining unpaid amount was for “labor and materials were performed and furnished for and used, and that the professional services rendered in the improvement of the real property hereinbefore described.” The date when the first time of material was supplied was Aug. 4, 2022, up to the last item being supplied on May 19, 2023, documents state.
Triton Mechanical, Inc., of Rochester, for $39,118.40. The company provided its first labor or materials on Sept. 20, 2022, up to Aug. 8, 2023, it states in related documents.
The contract was for HVAC installation with Savarino Companies LLC, and the lien is against Ellicott Station LLC.
DV Brown & Associates, Inc. of Tonawanda, for $2,229.40. The company supplied materials that were installed in the building on July 20, 2023, for linen chutes and carts, according to documents.
Documents also include a signed and notarized copy of Samuel Savarino’s agreement as grantor, to “hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of improvements before using any part of the total of the same for any other purpose.”
That agreement was signed on April 25, 2018. Savarino was grantor of the merged properties of 40 and 56-70 Ellicott St., which he completed with a quitclaim process for a dollar.
“The intent of this deed is to combine the described parcels into one tax map parcel,” which merged the former utility and Della Penna properties under Savarino’s ownership for what was originally described to be a microbrewery, restaurant, office/retail and market-rate-turned-affordable apartment project on the two commercial lots.
Due to wide gaps of delay before the project began, Savarino said his intended tenant from Buffalo for the brewery backed out. Savarino Companies would either find a replacement vendor or do it themselves, he said. That did not materialize, along with the anticipated completion of Ellicott Station by the summer and then the end of 2023.
Since the stalled apartment construction, officials from Genesee County Economic Development Center and the city have hinted that there are developers interested in picking up where Savarino left off, and Steve Hyde, CEO of the EDC, has promised that a good ending is possible.
“And you know, what I could say about Ellicott Station is I've been in the middle of discussions with the developer, general partner, the investors, and state housing. That's all in the sorting-out phase. But what I can say to you is it's likely we'll see a different general partner coming in at some point,” he said during a county meeting in September. “And I think what we'll end up with is a project that will be better than what we currently had or what was previously designed.
"I think there's some additional willingness by the housing HCR to work with us and be a little more flexible. It may not be perfect, but we'll end up with a better situation than we had," he said. "I can’t say any more than that right now. But at least it's in the sorting out phase, and there's quite a bit of interest.”
Toward the end of November, EDC officials severed their ties with Savarino Companies and asked for more than $1 million of tax benefits back.
The lien documents were obtained by The Batavian through December 2023.
Genesee Community College proudly announces the swearing-in of Daniel Coffey as the new Director of Campus Safety. The official ceremony took place on Monday, Jan. 8, marking the commencement of Coffey's tenure in this crucial leadership role.
Dan brings a wealth of experience and a distinguished career in law enforcement and emergency services to Genesee Community College. Serving with the Batavia Police Department since 2003, Coffey has consistently demonstrated excellence and leadership in various capacities. Notably, he was promoted to Sergeant in 2012. His exceptional contributions have been recognized through prestigious awards, including the Kiwanis Criminal Justice Award in 2018 and the Meritorious Service Award in 2016, further highlighting his commitment to public safety and community service.
In addition to his commendable service with the Batavia Police Department, Coffey has been an active member of the Town of Batavia Fire Department, Inc. since 2001. His dedication to the community is evident through his five years of service as Fire Chief, where he also held roles as Deputy Chief, Assistant Chief Captain and Lieutenant. In 2004, Coffey received the Chief's Award, a testament to his outstanding contributions to the fire department.
Genesee Community College is confident that Coffey's extensive background in law enforcement, emergency services, and leadership roles will greatly enhance the safety and security measures on our campus. We look forward to the positive impact he will undoubtedly bring to our college community.
Upon his swearing-in, Coffey shared his enthusiasm for the new role, stating, "I am honored and excited to join the Genesee Community College team as the Director of Campus Safety. My experience in law enforcement and emergency services has prepared me well for this position, and I am eager to contribute to the safety and well-being of the college community."
Please join us in welcoming Daniel Coffey to Genesee Community College. We are confident that his leadership will further strengthen our commitment to providing a safe and secure environment for our students, faculty and staff.
For more information contact Vice President, Development and External Affairs Justin Johnston at (585) 345-6809, or via email: jmjohnston@genesee.edu.
As baby boomers, the Mancuso and Dipson theaters were essential to our childhoods.
A Saturday afternoon in the 50s and 60s would be spent at one of these theaters. If we took our pop bottles to your corner store and redeemed two cents for every bottle, you could save enough money to afford the .50 needed for admission to a movie.
We first had to check the Legion of Decency, a list of films nailed to the back door of our Catholic Church stating what movies were appropriate for our ages. Disney movies were at the top of the list of acceptable movies.
In the 70s, I remember exactly where I sat when I saw "Jaws." I can still remember the fear I felt when the great white shark opened its jaws and the screams I heard in the theater, including mine.
Theaters in Batavia have a very early history. Imagine, in 1874, an Opera House on Main Street. It had seating for 1,000 with a stage that could be converted into a dance hall. A balcony and seating boxes on either side of the stage were reserved for courting couples. John Dellinger built the Dellinger Opera House, the center of local entertainment for over 50 years. Most people saw their first live performance on the stage at the Dellinger. Road companies stopped in Batavia regularly in the 1880s and 1890s. Amateur shows could be performed on this stage one day, and the next day, you could watch professional acting companies take the stage.
In 1900, a store on Jackson Street was the site for the first showing of motion pictures. Later, silent pictures were shown in Ellicott Hall on Court Street. To make the silent picture more exciting, sound effects such as train whistles, blank gunshots, and the noise of crashing cars were added.
Batavia’s first theater was called the Lyric Theatre, located at 49 Main St. It had 36 seats fastened to the inclining floor. Other theaters, such as the Dreamland on Court Street and the Orpheum Theater at 122 Main St., were places to see “moving pictures.”
Two new moving picture theaters opened in 1913, the Grand at 72 Main St. and the Family Theatre on Jackson Street. The Grand could seat 584 patrons, and the Family Theatre could seat 600. A pianist or violinist could be heard while showing a moving picture, adding excitement to the movie.
A group of local businessmen financed the Family Theatre. It was considered to be one of the prettiest theaters in this area. The furnishings were from New York City and consisted of seats made of oak, 12 chandeliers, and a stage curtain that could be opened to show a stationary picture screen made of plaster.
Nikitas Dipson came to this country from Greece in 1909. He was interested in movie theaters, which began in 1913 when he lived in Jeanette, Pennsylvania, where he managed a small motion picture theater. He later moved to Batavia and managed The Family Theatre.
In 1914, he temporarily bought the theater on Jackson Street until he could build a new modern theater on Main Street. He purchased two buildings at 36 and 38 Main St. They were not big enough for his new theater, so he closed the Family Theatre and moved the films, screen, and pianist to the Grand Theatre.
The New Family Theatre could seat 700 people and reopened in 1923 with a high domed ceiling lighted with radiant light and a 21-foot-deep and 43-foot wide stage. The orchestra seats were sitting from the other seats by a walnut rail. A console organ was in the pit, and a fireproof curtain could be lifted mechanically to the roof. The sides of the auditorium were decorated on either side with mural paintings.
The Lafayette Theatre, built just to show films, stood facing the Family Theatre for over 40 years. In 1947, the Lafayette Theatre, the property of Nikitas Dipson, closed.
Nikitas Dipson finally could build his theater on 36 and 38 Main St. The theatre opened on April 17, 1947. The inner lobby was decorated with mural paintings depicting scenes from Genesee County’s early history. Floral designs covered the walls. After the house lights went out, the floral lights would glow softly for a few moments. This air-conditioned theater could seat 1,400. This theater would alternate with the Mancuso Theatre, housing the graduation exercises from Batavia High School and later Notre Dame High School. Dipson’s beautiful theater eventually fell victim to Urban Renewal in 1973.
Mancuso brothers decided to build a theater at 212 East Main St. It opened on June 4, 1948. The theater was as large as Dipson’s and advertised as modern as any theater in the country with “power enough to light a city.” It had excellent acoustics because of the construction of the walls and ceiling. The side walls were decorated with flat sculptured figures. It was considered at that time to be one of the most satisfactory little theaters outside New York City. On opening night, 1,600 people filled every seat for the showing of "The Emperor’s Waltz." Today, that theater saved from the wrecking ball is currently the home of City Church.
Nikitas Dipson dominated the motion picture business for 40 years, owning or operating all the motion picture theaters in the county at one time or another, including the two drive-in theaters on East Main Street Road and Clinton Street. Under an arrangement with the Mancuso Brothers, he ran the Mancuso Theatre, the Dipson Theatre, and the Family Theatre. Eventually, the two main theaters were ultimately divided into Cinema I and II.
In mid-1979, William Dipson and Mancuso Brothers asked the McWethy Construction Company to build two mini theaters on the northwest corner of the mall. The theaters opened in 1980 as Mall I and Mall II. After 33 years, the theater closed.
Over the years, Batavia has lost many buildings and businesses. In June 2013, Ken Mistler, a local businessman who owned several downtown businesses, purchased Mall I and Mall II Movie Theater. He remodeled the Batavia Show Time Theater and showed first-run movies for many years. He's currently renovating the theaters into a new entertainment venue.
It seems sad that all we have left from these beautiful historical buildings are memories and pictures from old postcards and newspaper clippings.
Photos courtesy Genesee County History Department.
Photo of Magical Maya A courtesy of Wendy J. Lowery.
Batavia Downs opened their 2024 winter meet last Thursday (Jan. 4) and celebrated with a new all-source handle record of $390,922. Now only four days later on Monday (Jan.8), the second session of racing for this early season has again recorded a new high after $421,221 was wagered on the afternoon card. The increase is the latest jump in this upward handle trend at The Downs that began last winter and has continued ever since.
“It’s good to see the interest our product has continued to draw over this long period of time. We have picked up new customers this past year and clearly they have been supporting us through the windows. We are currently on a great trajectory and we certainly hope it continues,” said Don Hoover, Director of Live Racing at Batavia Downs.
Bettable races and quality horses have been key and Monday’s feature race was just one example. The $15,000 Open I Handicap pace for fillies and mares was won by Australian expat Magical Maya A, who notched her second North American victory in only her fourth attempt after she cruised gate to wire at The Downs.
Driver Larry Stalbaum left and meandered his way to the front with Magical Maya A, taking that position as Imprincessgemma A (Brett Beckwith) released her approaching the quarter. Once in command, Magical Maya A stopped the clock in :28.2, :58 and 1:26.3 with only Imprincessgemma A staying close. After rounding the turn, Imprincessgemma A dipped inside of Magical Maya A and made up some ground as they paced towards the wire. But Magical Maya A was game and hung onto the lead by over a length in 1:56.1.
It was the 10th lifetime win for the 6-year-old Magical Maya A ($7.60) who is owned and trained by her driver, Stalbaum.
After winning the eighth race on Monday, the 12-year-old Santana Beach (Jim Morrill Jr.) hit a career milestone by notching his 50th lifetime win. Trained by Andrew Torre, who co-owns with Kristen Torre, Santana Beach has now earned $333,569 from his efforts in 297 career starts.
John Cummings Jr. was the driving leader on Monday as he registered four winners during the afternoon. “Junior” won with BJ Lorado (2:00.1, $3.40), Shadow One (1:57.2, $3.50), So amazing (1:57.2, $3.40) and Jumpinthejailhouse (2:01, $7.00). Trainer Brianne Sinclair sent Cummings first two winners to post before adding her third win of the day with Windemere Ryan (1:57.4, $7.60) who was driven by Drew Monti. Sinclair ended up batting 1,000 as she only had three horses entered on Monday.
Live racing resumes at Batavia Downs on Monday (Jan. 8) at 3 p.m. and there will be a $1,422 carryover in the Pick 5 wager that starts in race one.
Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.
Jalen I. Brown and Devante M. Wells are indicted on counts of grand larceny in the third degree, a Class D felony, criminal possession of stolen property in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, unauthorized use of a motor vehicle in the first degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, unauthorized use of a motor vehicle in the first degree, driving while ability impaired by drugs, a misdemeanor, reckless endangerment in the first degree, a Class D felony, two counts of criminal mischief in the second degree, a Class D felony, reckless driving, a misdemeanor. Brown and Wells are accused of stealing property from Dick's Sporting Goods on June 24 with a value in excess of $3,000. They were allegedly in possession of a stolen 2005 Buick. They are accused of coordinating their alleged theft together. They are accused of stealing a 2023 Volkswagen valued at more than $100. Brown is accused of driving the Volkswagen on Route 63 in the town of Alabama while impaired by drugs. He is accused of driving recklessly. He is accused of damaging a Sheriff's patrol vehicle and the Volkswagen, causing more than $1,500 in damage to each vehicle.
Devante Wells
Devante M. Wells is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree. Wells is accused of entering Kohl's Department Store on Feb. 13 with the intent to commit a crime, of stealing property more than $1,000, and of agreeing to participate in the alleged crime with another person.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on Aug. 8.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on July 18 in connection with a felony charge.
Terrance Falk is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Falk is accused of possessing a folding saw on Oct. 24 in the City of Batavia.
Ivette A. Dejesus is indicted on a count of bail jumping in the second degree, a Class E felony. Dejesus is accused of failing to appear in court on June 20 as ordered in connection with a felony charge.
Fernando Santiago-Vega and Robert L. Ball, III, are indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Santiago-Vega and Ball are accused of stealing property from Target valued at more than $1,000 on Jan. 20.
Jamie A. Dutton is indicted on counts of tampering with physical evidence, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor. Dutton is accused of hiding a glass crack pipe under a porch on Dellinger Avenue on Aug. 25. He is accused of attempting to prevent a government official from performing his duties.
Isrrael Obregon, Jr., is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony and DWI, a misdemeanor. Obregon is accused of driving on a revoked license on May 29 in the Town of Batavia while intoxicated.
It's standing room only as 100 registered attendees take advantage of a free presentation hosted by Genesee County Chamber of Commerce Tuesday at Eli Fish. Photo by Joanne Beck
How do you organize a total solar eclipse party? You planet.
It wasn’t long before the collective “ahhhh” came from an audience Tuesday that had registered for retired science teacher and NYS Science Teacher’s Association fellow Gene Gordon’s total solar eclipse presentation.
While there may be some people still uncertain as to why this is a big deal for Genesee County, those 100 folks can now appreciate that, come April 8, when a total solar eclipse occurs, “Buffalo, Batavia, and Rochester are right smack in the middle of it,” Gordon said.
“So you can actually be looking and watching it getting closer and closer, which is a really cool thing,” he said during the event at Eli Fish Brewing Company in Batavia.
Not to confuse that comment with his warning a few minutes later. For those intending to view the eclipse, do not look at the sun, he said. He equated that to staring at the UV light emitted from welding equipment, which will burn your corneas, he said. That’s what those funky black-and-white cow-themed 3-D viewing sunglasses are for, he said, referring to the free pair everyone received with registration.
As for warnings, that also goes for taking photos or using binoculars or a telescope without solar filters, he said.
Gordon’s work included creating a NASA research class, and science.nasa.gov has images and details about the eclipse and a description of what will actually happen on April 8: A total solar eclipse happens when the moon passes between the sun and Earth, completely blocking the face of the sun. People viewing the eclipse from locations where the moon’s shadow completely covers the sun – known as the path of totality – will experience a total solar eclipse. The sky will darken as if it were dawn or dusk. Weather permitting, people along the path of totality will see the sun’s corona, or outer atmosphere, which is usually obscured by the bright face of the sun.
Once the eclipse arrives, it will be evident by a blanket of darkness. Even if it gets cloudy, viewers ought to be able to see totality, he said.
Animals, highly sensitive to shifts in nature, may give clues for the impending arrival by acting differently, possibly wanting to hide or respond as if it’s actually nighttime (so nocturnal creatures might be waking up) even though it will be approximately 3:19 p.m. on that Monday afternoon.
Think everyone else will be hard at work? Maybe not. School districts are closing for the day so that students can participate in eclipse activities, and the Chamber of Commerce and other area organizations and businesses are planning events to celebrate what will be a once-in-a-lifetime happening for many citizens, especially right here in Genesee County.
The next total solar eclipse will be on Aug. 23, 2044, to be visible from Greenland, northern Canada and in Montana and North Dakota.
Scott and Becky Kelley of Batavia plan to take the day off from work so that they can participate in this piece of local history with their three-year-old grandson.
“He’s very interested in planets,” Scott said. “He knows all the planets, he loves anything to do with space.”
The couple plans to do something with family in a field in Le Roy that day. Their grandchild served as motivation to attend the presentation, and they learned a few things about the upcoming event.
“I didn’t know what to expect, it was very interesting,” Becky said. “I didn’t know the exact times.”
The eclipse path should begin to arrive around 2:06 p.m., and in Genesee County at 3:19 p.m., with a maximum time of 3:21 p.m., Gordon said. The total eclipse is to end by 3:23 p.m. “You’ve got around four minutes,” he said.
One of the “coolest things” to do before, during and after the event is to definitely take photos, Gordon said, but focus on the people and activities around you.
“It’s a party,” he said. “And stay a couple of hours afterward; the roads will be jammed. Try to have fun and experience it in a meaningful way.”
Janice Spiotta joined her mom, Mary Hodgins, for the outing, and they are planning for a family gathering --- with one member coming from Boston — on April 8 as well. It seemed like a good idea to attend the presentation for future planning, Janice said.
“Because it's a once-in-a-lifetime event, and I want to learn what I need to know to make the most of the viewing and see what's going on in our community,” the Batavia resident said, answering where she would view the eclipse. “I’m not 100 percent sure yet. We live in the town where there's not streetlights and it's darker, so we may just do it in our backyard. But I've also heard that maybe the Genesee County Park, or at DeWitt Park, might be good locations. So we haven't decided yet.”
They each found some of Gordon’s talking points surprising.
“The size of it (compared to other planets), I was amazed at that,” Hodgins said. “I have a lot of people coming here from out of town, one of my daughters is coming in.”
Spiotta thought the impact on animals was interesting, she said, “and we’ll hear the birds and the activity of even crickets and things before we even can see it ourselves.”
“I thought that was fascinating,” she said.
Chamber marketing director Katy Hobbs reminded attendees that they can purchase the book, “Genny Sees the Eclipse,” a children’s book that describes how the animals respond to the eclipse and ensuing darkness, and other related merchandise, plus see the list of upcoming events at GeneSEEtheEclipse.com.
Retired science teacher, NYS Science Teacher Association fellow, state mentor and NASA research class creator Gene Gordon exudes his passion for a total solar eclipse to hit this area on April 8 during a talk Tuesday in Batavia. Photo by Joanne Beck
It's standing room only as 100 registered attendees take advantage of a free presentation hosted by Genesee County Chamber of Commerce Tuesday at Eli Fish. Photo by Joanne Beck
Presenter Gene Gordon shows the view of an eclipse up on screen. Photo by Joanne Beck
Katy Hobbs of the Chamber of Commerce reminds folks that they can find a list of upcoming eclipse events and the online shop for merchandise to commemorate the April 8 total solar eclipse. Photo by Joanne Beck
