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Suspect in Elm Street shooting maintains his innocence, rejects plea offer, wants trial

By Howard B. Owens
Jeremy Ives

Jeremy G. Ives, accused of firing a shotgun and injuring two people on Elm Street last August, maintains his innocence, said his attorney, Joseph Lobosco, after a hearing where Ives rejected a plea offer from the District Attorney's Office.

ADA Will Zickl said under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

In September, a grand jury indicted Ives on counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

Today was the plea cutoff date, the date a defendant can accept a negotiated plea offer. In Genesee County, when a defendant rejects a plea offer on the cutoff day, the case is scheduled to go to trial, and the defendant is unlikely to get a second chance to accept the offer.

Judge Melissa Lightcap Cianfrini scheduled jury selection to start March 20, with a week-long trial expected.

She will hear pre-trial motions on Feb. 15.

The trial was originally scheduled to start two weeks earlier, but the DA requested a DNA sample from Ives, which he provided.

Citing the likely delay while the attorneys await lab results and the subsequent investigation of those results, Lobosco petitioned the court to reduce his client's bail.  It's currently $100,000 cash, $200,000 bond, or $500,000 partially secured bond.

He said that the trial is likely to be delayed further because once the DA's office receives the DNA results, the defense has 30 days to have a DNA expert review the report, and if that expert disagrees with the findings of the people's expert, the DA has 30 days to review those findings, meaning the trial could be pushed back, up to 60 days more.

Zickl opposed modifying the securing order since a two-week delay is minimal.  

Cianfrini denied the motion, but "without prejudice," meaning if it looks like the DNA results report could lead to further delays in the trial, Lobosco can make a new petition to the court for a bail reduction.

ReAwaken organizers, host fight back on what they call 'intimidation,' 'libel,' from AG

By Joanne Beck

Five months after the much-debated and narrowly criticized — mostly by local church groups — ReAwaken Tour hit Batavia, the event still haunts organizers in the form of a letter sent by the state attorney general last August.

After an attempt to obtain a retraction from Letitia James in October, event organizers Clay Clark and Paul Doyle, pastor of Cornerstone Church in Batavia, took legal action and filed a lawsuit against the top law enforcement officer on Jan. 20.

“Mr. Clay Clark and I obtained an attorney and filed a Federal complaint to Attorney General Letitia James in October 2022 giving her an opportunity to make a public retraction of her statements made in the letter sent to us, as they were not founded upon truth or evidence, but rather theoretical discourse, and were issued with ill intent to cause fear, intimidation and harm to Clay Clark, Cornerstone Church and myself,” Doyle told to The Batavian. “Her job is to protect The People of New York, not vilify, entrap, or create false propaganda to inhibit our pursuit of life, liberty and happiness.”

He was unable to speak further at the time but has said he will do so at some point. Meanwhile, The Batavian has obtained a copy of the letter and lawsuit, filed solely against James for her August letter pursuant to the New York State Human Rights Law, New York City Human Rights Law, and New York State Civil Rights Law for “negligence, defamation, libel, and discrimination on the basis of race, color, religion, and political affiliation.”

Plaintiffs include Paul Doyle, senior pastor at Cornerstone Church, 8020 Bank Street Road, Batavia, and Clay Clark, coordinator and organizer of the Reawaken America Tour, Oklahoma.

“Specifically, plaintiff alleges that the Defendants negligently, wantonly, recklessly, intentionally, and knowingly sought to and did deprive them of their constitutional and civil rights, pursuant to the above-named statutes and causes of action by committing acts to deprive Plaintiffs of rights secured by the Constitution of the United States and the State of New York,” the suit states. “Further, Defendant James negligently, wantonly, recklessly, intentionally, and knowingly published multiple false statements to multiple media outlets to mar the reputations of Pastor Doyle and Clay Clark, to provoke objectionable opinions in the minds of members of the community to expose plaintiffs to hatred, contempt, and aversion.”

The Tour had originally been scheduled for a venue in Rochester last summer, but as controversy and protests grew louder, it was canceled. Doyle then agreed to host the event at his church campus on Bank Street Road, which drew similar protests, fear and claims of violence related to white supremacists. About two weeks before the event occurred, James stepped in and sent a letter that began by introducing herself as “New York’s top law enforcement officer.” It was addressed to General Michael Flynn and Clay Clark, and copied to Cornerstone Church.

“I have significant concerns that the ReAwaken America Tour’s upcoming event at the Cornerstone Church … could spur extremist or racially motivated violence,” James said. “These concerns center around the event’s proposed dates, which coincide with the five-year anniversary of the deadly Unite the Right rally in Charlottesville, Va., and past extremist statements made by yourselves and the other featured speakers on the tour.”

The letter can be considered nothing less than “an attempt to covertly intimidate and threaten the plaintiffs into shutting down the event,” the suit states. James makes numerous statements that are “facially incorrect, libelous, and covertly threatening towards both Plaintiffs. Her actions are politically motivated and the concerns Ms. James relays in her letter are a cloak for her passive threats to prosecute plaintiff Doyle, Clark, and others associated with the event strictly for their political views,” it states.

Her letter was not the only tool for either dissuading the event from happening or expressing strong concern about it. Local church and nonprofit groups formed a coalition to protest, speak out, carry signs and hold a vigil in efforts to lessen the strength of what they perceived to be a dangerous event about to take place. Their concerns overlapped with those of James, including racism, white supremacy, violence, discrimination, and an overall violation of civil rights.

James’ letter continued on to remind the organizers that New York law prohibits “racially motivated violence, harassment, or interference with another person in the exercise of their civil rights,” and that Civil Rights Law 79-n empowers her office to investigate acts of violence, intimidation, threats, or harassment directed at people based on a belief or perception regarding an individual’s race, color, national origin, ancestry, gender, religion, religious, practice, age, disability, or sexual orientation.

“In addition to actual damages,” she continues, “any person who violates this statute can be held liable for $5,000 in penalties for each violation.”

The lawsuit also alleges that James’ “reckless threats” to prosecute the plaintiffs along with her inferences towards racial discrimination and fraud associated with the church and the event were publicized in numerous media outlets and which have injured Pastor Doyle’s reputation, that of his church, and the reputation of Mr. Clark as well.

“As a result, Pastor Paul and Cornerstone Church now have a smear against their names which has created a suspicious taint on the relationships they have worked diligently to develop,” it states. “Yet, despite its years of sacrifice and service to the community and its youth, Ms. James decided to forego any reasonable inquiry into the church to verify her alleged concerns, as required of her as the top law enforcement officer.”

Item #55 cites the Supreme Court, “that speech critical of the exercise of the State's power lies at the very center of the First Amendment,” and as a result, "a section 1983 claim will lie where the government takes negative action against an individual because of his exercise of rights guaranteed" by the First Amendment.

“The plaintiff in this action has an undeniable right to associate and speak freely in accordance (with) the First Amendment,” it states. “The letter sent by the Defendant was meant to intimidate and harass the Plaintiffs into not exercising these rights through government coercion and veiled threats of investigation and prosecution into Pastor Paul and Cornerstone Church, Clay Clark, and the ReAwaken America Tour.”

The organizers, via the lawsuit, accuse James for taking actions that “constitute a blatant abuse of authority” that’s been granted to her by the state.

The Attorney General's Office did not immediately respond to The Batavian with comment.

Top File Photo: Pastor Mark Burns prays for Attorney General Letitia James after she sent a letter warning organizers about hosting the tour in Batavia; General Michael Flynn offers a message during the two-day event; Pastors Lee and Paul Doyle talk to the crowd under the tent alongside Cornerstone Church in August 2022. Photos by Howard Owens.

Accident reported on the Thruway in Batavia

By Howard B. Owens

A motor vehicle accident is reported on the Thruway with injuries at mile maker 393 in the eastbound lane.

Town of Batavia Fire and Mercy EMS dispatched. 

UPDATE 3:44 p.m.: One lane blocked. One patient with a possible leg injury.

Photo: Winter scene behind the courthouse

By Howard B. Owens

It was a white world in Batavia this morning, with snow still clinging to tree branches, piled on the ground and nearly white, overcast skies, including along the Tonawanda Creek behind the County Courthouse.

Free program to improve body and mind offered this week at OFA in Batavia

By Press Release

Press Release:

The Western New York Chapter of the Alzheimer’s Association will offer a free event Tuesday in Batavia about how healthy habits can improve both the body and the mind.

“Healthy Living for Your Body and Brain” will take place from 2 to 3 p.m. on Tuesday at the Genesee County Office for the Aging at 2 Bank St. in Batavia. The program will cover four areas of lifestyle habits that are associated with healthy aging: cognitive activity, exercise, diet and nutrition, and social engagement.

Participants will learn, based on current research, the steps they can take now to improve or maintain overall health in each area and use hands-on tools to help incorporate these recommendations into a plan for healthy aging.

Registration is recommended and can be done online HERE or by calling 800-272-3900.

To learn more about Alzheimer’s disease or other dementias, call the 24/7 Alzheimer’s Association Helpline at 800.272.3900 or visit alz.org.

Grand Jury Report: Man accused of child sex abuse in Batavia

By Howard B. Owens

Ronald M. Washburn is indicted on a count of sexual abuse in the first degree, a Class D violent felony, and one count of course of sexual conduct against a child, a Class D felony. Washburn is accused of sexual contact a child less than 11 years old in the City of Batavia at least two or more with between February 2018 and April 2018.

Donald A. Dylag, Jr. is indicated on one count of assault in the second degree, a Class D violent felony. Dylag is accused of, with intent, causing serious physical injury to a person in Pembroke on Aug. 9.

Batavia Rotary Club announces winner of 2023 Corvette Raffle

By Press Release

Press release:

The major fundraiser for the Batavia Rotary Club concluded with the grand prize drawing Saturday night, but the real winners are the many local organizations that receive support from Rotary all year long. 

"This is the major fundraiser that allows our club to make so many contributions to the community, such as $18,000 in college scholarships to area students each year," said President John McGowan.

Rotary is also contributing $250,000 toward the Healthy Living Campus under construction on Main Street, a joint project for the YMCA and United Memorial Medical Center.

Most recently, Rotary has offered a $150,000 matching pledge for the renovation of the local hospital's Intensive Care Unit, McGowan said.

Rotary's motto is Service Above Self, he explained.  Rotarians actively engage in projects to improve the local community. 

"Fundraisers like this Corvette event are critical for helping us help others," said Lisa Ormsbee, who co-chairs the event with Laurie Mastin.  Once again a Corvette or $50,000 is the prize.  The winning ticket that was drawn Saturday belongs to John Kinsella. 

In addition to the grand prize, there are 10 additional prizes of $500 each, Mastin explained.

Those winners are:

  • Tom Mazurkiewicz
  • Dan Ireland
  • Todd Bender
  • Vincent Bucciferro
  • Paula Wortzman
  • Bobbie Griffin
  • John Green
  • Nicolas Roth
  • Daniel D'Amico
  • Mine VanDenwere

Submitted photo:  Woman on the left, unidentified, with Laurie Mastin, co-chair of the fundraiser, and Rotary Past President Marlin Salmon. 

Genuine, kind, indelible: Jim Owen left a lasting impact on Batavia

By Joanne Beck

For any new journalist not familiar with Jim Owen, he quickly became ‘that guy who showed up again’ to local events, and became a beloved and indelible character amongst local media and citizens alike — dubbed the Mayor of Redfield Parkway for his advocacy and presence on that westside city street — and was a knowledgeable and popular fixture of Batavia and even during his brief stay at Crossroads House, where his rest was often sprinkled with phone calls and visits from friends, students, school staff, musicians and his cat Rosie.

His investments were large — from providing buckets of history about the city and school district, its buildings and bells and notables, to celebrating and helping to fund upkeep of the newly named Frank E. Owen High School Auditorium for his father’s contributions to the early beginnings of the music program, and filling a portion of GO ART! with local memorabilia — Jim Owen was practically a household name for many.

After a months-long, hard fought battle with cancer, the former and formidable teacher, coach, advocate, supporter, neighbor, historian, friend and smiling face at so many city events, Jim, 79, succumbed to the ill effects on Thursday, Jan. 19, 2023.

Just take a look at his Facebook page, and one can get a glimpse at the love and admiration he drew from the community. And just as a tree’s roots draw water into the soil and strengthens its foundation — so too has the community been shored up by what it has drawn from the likable Jim Owen.

There were many lucky ones who got to know the Mayor more deeply, including longtime Redfield neighbors Rich and Linda Conroy. Friends, yes, but more so, they became family over the years, Linda said. Jim would come over for holiday gatherings, and they exchanged a lot of inner circle stories and jokes, she said.

“Jim liked to tell the story about how he lived with three women in Sackett’s Harbor when he was a young man right out of college,” Linda said. “Of course, he then would explain that the women were elderly, and he was just renting a room!”

As most people grew to know Jim’s sense of humor and quick wit, they would hear his quips, such as when he told Linda that he was paid weekly. “Very weakly,” he’d joke.

“Also, he liked to tell us about how long of a commute it was for him when he was visiting our house across the street,” she said. “‘You gotta have a little sense of humor,’ he would often say.” 

One of her all-time favorite memories is when he attended her daughter’s graduation party when he was a substitute teacher at the city school district in 2006. All of her daughter's friends were “fascinated” that Mr. Owen was the Conroy’s neighbor.

“The kids kept saying how ‘cool’ it was,” Linda said.

Of course, not to leave his beloved late sister Kathy out of the picture, there was an old photo posted online taken 50 years earlier that tagged Jim, and some ladies had replied how handsome he was, which seemed to bother his sibling. One had even commented about what a “hottie” Jim was, to which he couldn’t stop talking and smiling, “which annoyed his sister even more,” Linda said.

Perhaps one of his biggest claims to fame was having taught the current state Governor Kathy Hochul in typing class as a teacher in Hamburg. Hochul, while a member of Congress, visited Batavia and attended a Muckdogs game with Jim, and more recently reached out to him with encouraging words by phone and through email.

"Jim Owen had a profound impact on me, my siblings and countless others as a teacher and coach at Hamburg Central Schools. Always upbeat and encouraging, I was proud to call him a friend later in life, and I will always remember our conversations, including earlier this fall and shortly before he passed,” Hochul said. “I am thankful to have known Mr. Owen, and I send my deepest condolences to his family, friends, and all who knew him - he will be dearly missed."

Jim was also friends with state Assemblyman Steve Hawley, who first met him as a senior summer parks program counselor. Jim coordinated all of the kids coming to Hawley’s farm to build a float on one of the hay wagons for the summer parks parade.

“He liked to talk about that often,” Hawley said. “His Father, Frank Owen, was the music director when I was in Batavia High Choristers. He and his sister Kathy were insurance clients of mine, and Jim bought new vehicles often and was always reminding me that he wanted the best prices possible because, as a retired school teacher, he was on a fixed income.”

Hawley was also aware of Owen’s mayor title, due in large part to his work to get stone pillars at Redfield and Main Street refurbished.

“He was very interested in young people, history and politics. Although a fairly conservative-minded individual, he was always supportive of his former student at Hamburg High School, Kathleen (Courtney) Hochul, when she became Congresswoman, Lieutenant Governor and eventually Governor,” Hawley said. “As Jim’s health declined recently, a friend called me and wondered if I could get word to the governor that Jim’s time was dwindling and his spirits would be buoyed if she could call him ‘one last time.’ I had a very down-to-earth and reminiscing talk with him, and he mentioned that his former student ‘Kathy’ had called and how much he appreciated it. He seemed at peace.”

Jim was as consistent as he was gregarious. Always ready with a word or two in exchange for a greeting, he often liked to share special moments in his memory: when he taught Gov. Kathy Hochul in high school typing class, met up with a bunch of students for a chat, golfed with R. Stephen Hawley Sr., the current state assemblyman’s father, and even how he gave “that scoop” to a reporter. He seemed to love sharing those memories with the people who knew them best, as he also peppered his days with offering nuggets of information, history, and knowledge that he wanted to impart.

Batavia Middle School teacher Sarah Gahagan knows well of Jim’s giving spirit. In fact, she learned more interesting tidbits from him than from anyone else in the world, she said. And, “oddly enough,” they weren’t always in the form of an actual conversation.

“On many occasions, I would walk in my classroom and find a large manilla envelope lying on my keyboard. I immediately knew who it was from and couldn't wait to rip it open and see the next topic I would be learning about,” Gahagan said. “Packets of information on various topics — ranging from the history of Barbie dolls to the origins of my son's name, Grant. Jim was insistent I learned everything possible about Ulysses S. Grant. Jim enjoyed researching, highlighting the key points and even leaving little notes in the margin for me. 

“I LOVED finding these envelopes. They made my day. I hung up a picture he printed for me on my bulletin board — never thinking he'd notice — literally the next time he saw me, he commented on it. To this day, I have no clue how he knew it was there,” she said.

She learned a lot about the mysterious bell that Jim kept talking about and wanted desperately to uncover and bring out for all to enjoy. He kept on about it for quite some time.

“Well, it didn’t happen quickly,” Gahagan said. “He would laugh and joke and mentioned it quite a bit. And I mean quite a bit. Again, persistent to get someone to listen. Well, low and behold, they did, and this was a great day. I loved seeing this mission of his come to fruition.”

And in turn, Jim supported every endeavor that she pursued. He would hang out at the middle school, give fist bumps and tell stories and corny jokes that made even the toughest kids crack a smile, she said.

"He was a genuine person who truly cared for the kids. He took time to make those personal connections that sometimes fall to the wayside,” Gahagan said. “Watching Jim's interactions was always a pleasant experience. Jim treated everyone with kindness and received the same respect back in return.  The students truly enjoyed engaging with him.  Jim was always himself: caring, engaging, friendly, and a true friend to all; it's a trait I always admired in him. He had some clutch lines that were a staple before breaks and holidays, and although predictable in nature, oddly enough, they never got old.” 

It didn’t seem to matter, whether it was students, teachers or administrators, Jim got along with them all. Superintendent Jason Smith posted a message online for the city school district community, and a concert was performed in memory of Jim on Thursday. Smith also shared some thoughts with The Batavian about Jim, who he believed to be “a class act and a man of high character, dignity, and humility, and coupled with a razor-sharp sense of humor and compassion for others — he is an educator’s educator.”

“I first came to know Jim as a family friend at Horseshoe Lake many years ago, and then while in college, I worked for Jim as his lifeguard. He was always proud that I was ‘his’ lifeguard, and he and I would always joke about that—and Jim—with classic Jim humor—would credit himself for my success,” Smith said. “When my children had him in school as a sub—and they loved having him as a sub like all the other Batavia students—he would always be sure to share with them our lifeguarding story.

Smith said, as have so many others, that Jim has been so “truly beloved” by the Batavia district. Smith saw that firsthand during the Frank E. Owen Auditorium dedication last summer.

“I saw that loud and clear when he was swarmed by students,” Smith said. “It was such a heartfelt and genuine moment between a teacher and his students -- something I will never forget. Jim was so proud when the district named the auditorium after his father, and in his true, humble nature, he was quick to credit all those music teachers that came after his father for the success of music at BCSD.

“He gently prodded us to push forward with restoring the bells at the Middle School, and I know how thrilled he was with that project,” Smith said.

District Clerk Britt Witkop got to know Jim when passing him in the hallway or when spending a few minutes talking history with him, she said. He was a “solid dedicated part of the Batavia community and our school district” as a substitute for many years, and truly loved being part of the school system and enjoyed the students, she said.

“He always said that as a substitute, he did his best to keep the class aligned while the teacher was out, and to be a role model to the kids as well as listening and learning from them. He often said the kids taught him a lot about technology, and I could tell he appreciated that because he loved to learn,” Witkop said. “He had a strong sense of honor towards his parents, something we don't always see, which I felt was an admirable quality about him. Over the years, I got to see Mr. Owen more often, and we would talk whenever he came to sub at the high school. I enjoyed my time with him and learned a lot. When you got to know Mr. Owen, you could tell he was a hard worker and genuine person.”

When Jim became sick last year and visits decreased, there was a palpable emptiness that was felt at the district, she said, as “all of us had become accustomed to his presence.”

“Mr. Owen changed so many lives for the better, and I, as well as many others, will truly miss him. I feel lucky to have had him in my life,” she said. He was loved by more people than I think he could have ever imagined. Rest in Peace, my friend.” 

Probably even Jim would be ready for a chuckle right about now. How about it, teacher Allison Chua? Jim liked to tell a weekly joke: since he has been so good, he suggested that she was going to give him the next two days off. A joke he always told on Fridays, Chua said.

That’s how Jim was, she said: lively, positive and engaging. During visits to see Jim in December, she unabashedly shared that “we love Jim” and “our children love Jim,” and explained why.

“I feel honored to be asked to write a message about Jim Owen. I admire him for all that he means to BCSD and to our town. Jim always shows love for the people around him. When Jim would sub here, he would make a point to stop by rooms, peek in, and check in ‘Hey, how are you doing? You are looking great today!’ He made jokes with the kids and taught us all lessons about Batavia and life in general,” Chua said at the time. “He loved music, and (me) being a mom of music kids, he was the first to compliment both my sons on their performances and talents, acknowledging the amazing music teachers here at BHS. He came to the productions and made every kid feel like the star.”

Her son Aden, who is quiet and reserved, loved talking to Jim, who would first ask, “how are you, young man?” turning to his mom and asking, “who is this, your sister?”

“I would laugh, and I would say big age gap,” she said. “Jim showed this community what Batavia meant to him and his family. His pride makes us all a little more proud. I am so glad my children have memories with Jim Owen.  Jim's heart was open, and his love for this community is an inspiration. He makes me want to ‘Be Like Jim.’ The support that surrounds him is a testimony of a life well lived and a man well loved.” 

The love of the arts went well beyond music in the Owen household.  His sister, who passed away in 2019,  was an accomplished photographer.  Natalie Owen, his mother, was president of the Richmond Memorial Library Board of Trustees.  Robert Owen, his brother, was an author and actor.

Owen leaned heavily into athletics and admitted he had no artistic ability himself but he was always a firm supporter of the arts.

Based on his support of GO ART!, the nonprofit arts facility hosted an exhibit of Kathy’s photography in 2019, and in 2021, the room that had held the exhibit was dedicated as the Owen Library in honor of Frank Owen and Kathy Owen, complete with a white baby grand piano and a collection of art books.

Gregory Hallock, executive director of GO ART!, said he first met Jim Owen in 2017 during “small business Saturday.”

Jim stopped in to buy some art, “and of course, he haggled us down on their prices," Hallock said. “I helped him carry the pieces out to his car, and he said, ‘Let me be the first Mayor to wish you a Merry Christmas’ and gave me a box of chocolates."

Hallock and Owen grew close while working together to make the Owen Library a reality, and Owen shared something with Hallock that he rarely talked about in public: He was adopted by Frank and Natalie.

“Jim loved all children, and they all loved him back," Hallock said. “But he had a special connection with my children. He told them that he was just like them. He was chosen. My children are my everything, and he is right, they were chosen. I do not walk around saying they are my adopted children. They are my children, plain and simple. Jim and his siblings were chosen as well. This is not something he told most people, and I feel so incredibly humbled that he felt comfortable sharing this with my kids and me. My children loved him. I loved him.”

Batavia is a city of characters, and Jim Owen was one of its most distinctive and memorable characters, author and screenwriter Bill Kauffman said.

He was only nine when Jim was supervisor of MacArthur Park and coach of Kauffman’s Midgets baseball team.  That forged a relationship and opportunity to see Jim Owen’s passions.

“Jim loved Batavia. He loved everything about it. He loved its history. He loved Redfield Parkway. He loved the city schools,” Kauffman said. “Although he liked to joke about how tight he was with the dollar, Jim was generous with his time, his energy, his attention, and his overflowing affection for his hometown.”

Howard Owens, publisher of The Batavian and, in one of Jim's enduring jokes, Jim’s "older brother" (Owens was born in 1961, the year Owen graduated from BHS), was visiting Jim at UMMC, and it was right after Gov. Kathy Hochul and her brothers had called him along with some of their classmates he coached while teaching in Hamburg.

“He is very proud of both his connection to Batavia and Hamburg,” Owens said.  “He said, ‘I have dual citizenship. I'm a citizen of Hamburg and a citizen of Batavia.’”

Former newspaper Managing Editor Mark Graczyk had conducted a Q&A interview with Jim about 15 years ago and recalls how “very gracious” his interviewee was.

“He showed me his extensive baseball card collection and shared memories of when his father Frank, who was music director at Batavia High School,  was able to bring the march king John Philip Sousa to the high school in the 1920s,” Graczyk said. “Jim also shared Backward Glance's historical photos with the paper and helped me with some of the stories I wrote for my Hidden History blog. Sometimes he would stop in the office to offer story ideas or just to shoot the breeze. He was always friendly and encouraging. A great guy and much loved in the Batavia community.”

Don’t be surprised if, at some point in the warmer future, the city school district has a frozen treat day. But not just any frozen treat, and not just any colored frozen treat. It will be an orange popsicle day in memory of Jim if it happens. Gahagan only learned of this ritual while spending more recent time at Crossroads House, she said.

Not typically encountering a grumpy Jim Owen, she discovered that he could get rather feisty over a few particular things — orange popsicles being one of them. He would have the treat to help mask the bad taste of his medicine.

One of the kind nurses said Ok, Jim, red or purple today?  ORANGE, he said firmly. She laughed and said, you already finished the orange, I checked.  Red or purple?” Gahagan said. “ORANGE he said again. He ended up with red that night, but I made sure I bought two boxes and delivered them in the morning, and told them the orange are for Jim and anyone else can have the rest.”

She has suggested to the superintendent that “an orange popsicle day in honor of Jim would be nice.”

This reporter is going to break from my role for a moment to share how glad I am to have spent some time with Jim on a recent visit to Crossroads House. He was a bit tired but wanted to engage, ask questions, talk, and listen as I read items from around his room and shared about the blizzard that hit the county.

As I was about to leave, he firmly held my hand and asked if I could stay a little longer. Yes, Jim, I can stay. I’m not so sure it was anything about me personally as it was about his need to be with people. That was the Jim Owen I’ve known since the day we met. And there wasn’t a time that we spoke that he didn’t remind me about giving me a little scoop for a story, and eventually admitting that it got him in some hot water. But, he said, it was the right thing to do.

And there you have it, two principles of Jim that I believe so many people grew to admire: his love of people and his kind ways of wanting to do the right thing. He will be remembered. He will be missed. And he will leave a mark on the City of Batavia and the hearts of its citizens. Good night Jim, may you be in peace.

Top Photo of Jim Owen with his proclamation from City Council deeming him as Mayor of Redfield Parkway, with his cat Rosei during a visit to Crossroads House, with Linda Conroy, wearing his Thanksgiving hat, with his sister Kathy, and another favorite Kathy, Gov. Kathy Hochul, accepting the Mayor proclamation from City Council President Eugene Jankowski Jr., with the late Stephen Hawley Sr., who he apparently reminded at the 18th hole that they were tied because Hawley had "forgotten" a few strokes; with teacher Sarah Gahagan, at the new Frank E. Owen auditorium sign with students and Superintendent Jason Smith and Principal Paul Kesler; getting a visit from Aden Chua, at GO ART!, with Sarah Gahagan at a sporting event, with Kathy Hochul at a Muckdogs game; and in his neighborhood. Photos are by Joanne Beck, Howard Owens, and submitted.

Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

By Howard B. Owens
Cassandra Elmore

For the second-straight scheduled court appearance, and the fourth time since her arrest, Cassandra Elmore was a no-show in City Court on Friday afternoon.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June.

The 30-year-old Batavia woman did make her way to the courthouse building today but disappeared shortly after speaking with her defense attorney, Assistant Public Defender Jamie B. Welch.

A warrant will be issued for her arrest at 2 p.m. on Monday if she doesn't appear in court before then.

A similar warrant -- with a 48-hour stay -- was issued after she failed to appear on Dec. 16. There was never a press release about her arrest on the warrant, but her name did appear on the court calendar for today's appearance.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Elmore has promised that once her legal case is resolved, we will get "the real case."

A hearing on motions in the case was scheduled at her last appearance.  

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Since her initial arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Previously:

The little Engine House that could keep going with some financial help: $1.86M project on tap

By Joanne Beck

For anyone with strong Batavia roots, the Engine House conjures up dining memories of corned beef sandwiches for $2.10 and a champagne Sunday brunch for less than six bucks. Now the longstanding historical icon earmarked as a capital project has some much higher dollar figures attached.

The county Legislature is expected to vote soon on the $1.86 million project, to be offset by a $892,610 grant and sales tax proceeds of $975,990. Since the funding was from 2022, it’s considered a 2022 capital project.

County Manager Matt Landers laid out the explanation during Wednesday’s Ways & Means meeting.

“And the reasoning behind this is that we're running out of space. We have run out of space with public defenders. So that's why there's already four over there in the engine house. And we're putting two more over there,” Landers said. “This is utilizing outside funding, outside of the county, to be able to put an elevator into the building. That is in our long-term plans now, based out of necessity, because the courts facility was not built large enough. It's an access issue to be able to access that building properly.”

The courts facility — a complex built for city, county, and family court, children’s services, the district attorney and various other legal professionals — is now unable to accommodate all county personnel.

Landers credited Public Defender Jerry Ader for securing the grant of nearly $893,000. Part of the expense includes an amount not to exceed $150,600 for the renovation design for SWBR of Rochester.

Plans include an elevator, since it has been difficult to reach the upper floors of the building, Landers said. As it is, the public and county employees cannot access the space, he said. Legislator Marianne Clattenburg believed it was there for a reason.

“It’s a historic space, and it’s not going anywhere,” she said. “So, we might as well use it, right?”

The design may not be completed until 2024, Landers, said, and there will be flexibility in the plan.

“As soon as we have the design done and a full cost estimate out there, if it is on target like we thought it would be, then we would increase the budget, increase the project for the vendor space and then award the contracts for doing the construction work,” he said. “If it comes in too high, then we simply would pull back our funding and reallocate that sales tax into our reserve and for future purposes. This really is a building that's underutilized now … And the best part of this is it's right next door to the courthouse, right where their work is, and we have the ownership of that, and we should make good use of it.”

This isn't the first time the county has mulled the use of the Engine House. In 2017, there were discussions of giving it up or opting to renovate the site to accommodate a growing number of public defenders and make the second-floor handicap accessible. Those discussions got as far as setting a public hearing, which was canceled in lieu of tabling any definite action.

According to former county Historian Susan Conklin, the site at 3 West Main St., Batavia, had been built in the late 1800s — first as a sawmill, and later as a two-room brick shelter that housed water pumps. City leaders decided in 1948 to convert the building into a fire station, giving it the name that has stuck for the next several decades — even when purchased in the 1980s to operate as a restaurant.

The Engine House bar and restaurant closed in 1991, and it took eight years before Buildings and Grounds began to convert it into a county department. In July of 1998, the History Department was relocated into the front section of the property.

Top Photo of a more recent version of the brick Engine House, and above, former buildings, including one that was partially collapsed from an explosion. Photos from the county's History Department archives.

Local farmer says NYS making it harder to grow crops, and solar is better deal for low-yield land

By Howard B. Owens

Farmers aren't converting profitable cropland into solar farms, said Tim Call, a Batavia businessman and farmer, after the Batavia Planning Board heard a proposal from New Leaf Energy to install a 5-megawatt project on 20 acres he owns at 7757 Oak Orchard Road.

There's good money to be made off of good land, according to Call, but it's become harder to turn a profit on low-yield land.

New York's new labor laws have a lot to do with turning marginal land into unprofitable land.

"Farmers are getting so good at producing on good acreage," Call said. "You don't need all the acreage that's there. The bad ground is not going to produce a lot of good things. It's just like the dairy farmers. If they have cows that are producing 40,000 pounds of milk a year, and they have one that's producing 10,000 pounds, why are you going to keep feeding those 10,000 pounds? You cull that one and get ones that are going to produce the most and give you the best return. You can't afford to farm bad farmland. It's just not profitable."

The state's increase in minimum wage and new overtime rules for farmworkers are causing farmers to re-evaluate what land they keep in production and what crops they grow, Call said. Out are low-yield acreage and crops that are labor intensive, such as cabbage, and other vegetables. Corn, wheat, and soybeans are favored because those crops don't need to be weeded or picked by hand.  The harvest can be fully mechanized. 

Last year, New York adjusted the overtime threshold for farmworkers to 40 hours per week. That's made it harder to hire workers who can migrate to other states with more worker-friendly laws, Call said.

"The overtime rule is really crippling everybody," Call said. "Plus the minimum wage that's out there. When we're trying to compete against other states where the minimum wage is $7, $8 and our minimum wage is $14.20, almost double, and then you can't get the farm or the migrants to come in and work because they can't get the hours that they want. It's just crippling. How do you compete?"

The proposed solar farm came before the board on Tuesday so the board could appoint itself lead agency for the environmental review, which it did.  The board will later be asked to vote on a proposed special use permit for the project.

This new solar installation will go on an 85.5-acre parcel that is just south of Daws Corners, which already contains a 15-acre solar farm on the back portion, along with some wetlands left undisturbed by either project. The two projects will cover 39.6 percent of the parcel, which is below the allowable 50 percent threshold.

New Leaf will plant about 153 trees to help visually screen the array.

The topsoil from the project area will be stored in a berm along the front of the property, which will make it available to redistribute on the parcel once the solar array is decommissioned.  The land could potentially, then, become farmland again.

Call noted during an interview with The Batavian that a solar installation doesn't permanently take the acreage out of agricultural use.

"The thing is, if it doesn't work out, you take the panels off, you pull it out of the ground, you pull the wire up, and you go back to farming," Call said. "You can't do that with some of these other things that they're doing. This isn't blacktop. It's not concrete, you know. You don't have a 40-by-40 pad that's 10 feet down in the ground. You can go back to farming."

Photo: Will Nieves, project developer for New Leaf Energy, and Mark Kenward, project engineer with Erdman Anthony, make a presentation for a solar project on behalf of property owner Tim Call, in the background. Photo by Howard Owens.

Second monthly sports collectables show scheduled for Jan. 22 at Quality Inn

By Press Release

Press release:

The Batavia Sports Card and Collectable Show returns to the Quality Inn Batavia on Sunday, Jan. 22, from 10 a.m. until 3 p.m. 

The show is free to attend and features roughly 60 vendors full of sports cards, autographs, supplies, hobby boxes and non-sports-related collectibles. 

If you have any questions, contact Jen at (585) 694-0111.  Thank you to all that have supported the past shows, and we look forward to keeping this a monthly event.

Jail construction not even at .5 percent of contingency budget, is doing 'fabulous,' project manager says

By Joanne Beck

Changes to the original $70 million new county jail plans have included about $90,000 in structural, product and utility revisions, senior project manager Carl York says.

York gave the latest review of the project on West Main Street Road during Genesee County’s Human Services Committee meeting Tuesday.

“Some of these were items that just weren’t on the drawings. And so there’s a supplemental instruction that came out in the contract … so again, changes that are happening on the project. So far, we’ve had 46 instructions,” York said. “That’s about where I would expect it to be. None of these were huge changes. Some of them are just things that weren’t picked up on their original set of documents. And they have to be done. There’s been no issues so far from the Commission of Corrections.”

Having to add some precast, revising the type of flooring, making structural revisions to a pod and also to plumbing and gas provisions made for processing nearly $90,000 of change orders in December, York said.

All of the extras are not a concern, he said, as there is plenty of contingency funding for such needs. The first jail cell was delivered to the jail site this past week, and installed on Friday, Jan. 13. During the next two months or so, a total of about 100 cells will be installed at the property adjacent to County Building #2 and the Animal Shelter.

County Legislative Chairwoman Shelley Stein asked if those changes were above and beyond the $70 million project cost, and York said no.  In fact, the cost is at “.4 percent, not even .5 percent of your entire project cost,” he said.

“You’re doing fabulous,” he said.

Stein wanted that fact to be emphasized, given the possibility that some legislators had thought recent change orders were piling up to mean a larger price tag for the jail, a big ticket item not readily accepted by everyone in the county as it is.

“Good, that should just be made really clear to all of our legislators here, because we certainly did hear some conversation after the last approval that … now it's 70 million plus,” Stein said.

York assured her that “It is not $70 million-plus.”

During the transport phase of the jail cell last week, County Manager Matt Landers said that he's pleased the project is so far coming in under budget.

The Department of Corrections has contacted The Pike Company, lead for the project, and a meeting is being set up for later this week to review jail plans, York said.

File Photo of Carl York, senior project manager, of The Pike Company, by Joanne Beck.

Grand Jury Report: Two indictments issued

By Howard B. Owens

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

City Republican Committee seeks Ward 2 and 3 candidates

By Press Release

Press Release:

The City of Batavia Republican Committee is seeking interested candidates for City Council Wards 2 and 3 for this year's election.

Candidates must be resgistered Republicans and residents of the wards in which they intend to represent -- either Ward 2 or Ward 3. 

All qualified individuals seeking to serve in this honorable role are to submit a letter of interest to Committee Chairman Richard Richmond by Feb. 1. Send letters to: City of Batavia Republican Committee, P.O. Box 260, Batavia, NY, 14021. 

 

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