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Ithaca College names five local students to dean's list

By Billie Owens

Ithaca College congratulates students named to the dean's list for the fall 2018 semester. The following local students were named to the dean's list:

  • Journalism major Emily Chavez, of Le Roy 
  • Journalism major Madison Moore, of Batavia 
  • Journalism/Politics major Lauren Leone, of Batavia 
  • Performance/Music Education major Madison Hoerbelt, of Batavia 
  • Politics major Michael Lullo, of Batavia 

About Ithaca College

Founded in 1892, Ithaca College is a residential college dedicated to building knowledge and confidence through a continuous cycle of theory, practice and performance. Home to some 6,500 students, the college offers more than 100 degree programs in its schools of Business, Communications, Humanities and Sciences, Health Sciences and Human Performance, and Music.

Students, faculty and staff at Ithaca College create an active, inclusive community anchored in a keen desire to make a difference in the local community and the broader world. The college is consistently ranked as one of the nation's top producers of Fulbright scholars, one of the most LGBTQ+ friendly schools in the country, and one of the top 10 colleges in the Northeast.

Remembering Batavia's unforgettable blizzard of 1966

By David Reilly

When you live in Western New York, one thing you can expect is people complaining about the winter weather.

It should be noted though that people today have less to grouse about than 50 years ago.

The average temperature has increased 2.5 degrees per year and while more precipitation falls in the winter, less of it is snow.

That hasn't stopped people from moving to or spending their winters in Florida. I guess hurricanes, alligators, snakes and bugs are preferable to gloves, ice scrapers and salt trucks. Do people wear Uggs in Florida? Just wondering.

When you have resided in the North your whole life there are bound to be memorable winter storms that will stir up comparisons among those who endured them. Batavians of a certain age debate the snowfalls of 1966 vs.1977.

Because of circumstances I experienced, the most unforgettable to me was the Blizzard of 1966.

On Jan. 30th and 31st, 1966 the entire Northeast was wracked by a blizzard that blew in from the west. Western New York was especially hard hit due to the cyclonic effect in which winds wrapped around and blew off Lake Ontario and Lake Erie, adding much more snowfall. 

Winds of up to 50 miles per hour whipped snow that was falling, or more accurately blowing sideways, at a rate of one to two inches per hour. The Batavia area was still digging out from a heavy snowfall the week before, which had dropped two feet of the white stuff.

Snowdrifts up to 15-feet high, chain-reaction Thruway crashes, lots of stranded motorists

When the winds finally abated on Feb. 1st and 2nd, Western New York had been shut down to travel and motorists were stranded for up to a week. Drifts were 10 to 15 feet high in some places and heavy machinery was needed to open streets and highways.

During the blizzard a chain reaction accident of up to 100 vehicles had taken place on the Thruway just east of Batavia. Drivers had to be rescued and some taken to local hospitals. Cars blocking the Thruway were supposedly plowed off to the median (although the state disputed this) and remained there until they could be towed away.

When the storm began, I had just turned 19 the week before and was home on a break from my sophomore year at St. John Fisher College in Rochester. It was a tense time for me because there was a chance that I might flunk out. From my freshman year I was on double secret probation or whatever they called it.

There were no emails back then and the only way to find out your grades for the first semester was to go to the administration building and get a copy. They would not give them out by phone either. Of course, I had not revealed this fear to my parents who were footing the bill.

Before I returned to college, my mom had invited my aunts and grandmother to our house for a belated birthday celebration for me.

My two unmarried aunts lived together in the longtime family home on Cedar Street and neither of them drove, so they always had to be picked up and taken back. My maternal grandma lived on North Lyon Street and had one of those cars with the ball on the radio aerial so you could find it in a parking lot. Also on hand were my 16-year-old brother Dan, and my youngest brother, 8-year-old Jim, in addition to mom and dad.

Winter storm turns into paralyzing blizzard

As the day turned to evening, the snow and wind increased by the hour. Dan and I started to get nervous when we noticed our parents peering out at the storm and talking in hushed tones with each other. Snippets of the discussion were overheard. 

“...Your mother will never make it in this”... “What do we do about Kate and Peg ?”... Uh oh.

Dan and I had a whispered conversation of our own that went something like -- “Holy cow! It's really coming down. We could be stuck in here with all these people for a week!”

I know. An opportunity for some real family bonding time, right? No. Hey, we were immature selfish teenagers.

To us, this would be just as bad as those stranded motorists being stuck in the bus garage. We'd have to give up our beds and bedrooms and sleep on the family room floor. They'd be watching game shows and Lawrence Welk on the TV. We'd be cooped up with my aunts, who gave off a faint aroma of mothballs.

We needed to get out of there! But how? And where?

We put our heads together and came up with what we thought was a brilliant plan for escape. Two 50-something women couldn't get the mile or so from our house on North Spruce Street to their home on Cedar Street, but we could. There was food, heat and a TV there. What else did we need?

I don't recall if our parents put up any resistance, but they were preoccupied with figuring out how to provide for everyone anyway. A couple less humans in the house was probably a good thing.

'Arctic explorers' make the 'tough slog' to Cedar Street

So we bundled up looking like Arctic explorers Robert Peary and Matthew Henson headed to the North Pole and ventured out into the maelstrom.

I do recall that it was a tough slog even for healthy teenagers. The snow felt like little needles on your face and no plows had been out at all so we were essentially breaking trail down the middle of the road.

We cut through from East Avenue to the plaza on East Main Street where Your Host restaurant and Lane Drugs were (both closed). There was also a 24-hour laundromat (where my friends and I bought cigarettes for 30 cents a pack out of a machine in high school) that was open so we stopped in there to warm up halfway on our hike.

We were amazed to see that the entire parking lot was full of tractor-trailers waiting out the storm. It was eerie to view the snow blowing across the plaza lights, hear the sound of all the semi engines running, but seeing absolutely no moving traffic on Route 5 or 33.

Eventually, we made it to our aunts' house, called our parents so they knew we were safe, shed our boots, long johns, hats, scarves, coats and gloves, and hunkered down for the duration of the storm.

Aunts Kate and Peg were two of the worst cooks imaginable (they prepared ham by boiling it in water), so we took stock of what was in the fridge and cupboards to find out if we could survive. Mostly, I think we were looking for cookies, cakes, chips and stuff for sandwiches. You know, teenager food.

TV news confirms blizzard 'was a pretty big deal'

We settled in to watch some TV and soon the 11 o'clock news came on. The entire broadcast was about the blizzard and we realized that this was a pretty big deal.

As it got to midnight, we expected the TV station to sign off, play the national anthem, and put up the overnight test pattern as was the procedure in those days. But, to our happy surprise, the announcer said that due to the storm they were going to stay on later than usual and show movies for all those out in TV land who were stuck in the snow. Sweet!

I don't recall what movies were shown, but for sure they were in black and white and even more surely they were no Oscar winners. Maybe "The Blob" with a young Michael Landon or "Bernadette of Lourdes" for all the Catholics who were tuned in.

About 2 a.m. the movies ended and the station signed off. I said to Dan, “Well, let's head upstairs and get some sleep.”

He replied incredulously, “Are you crazy? I'm not sleeping in those beds!”

“Why not ?”, I asked.

“There's probably leg hairs stuck to the sheets,” he replied drolly. “Think about it.”

Fifty years later I still chuckle at that comment.

So, we found some hair-free blankets (we hoped) and bedded down on the couches for the night with the sound of the wind rattling the windows.

(Snowfall from the blizzard of '66 on Cedar Street in Batavia, courtesy of the Batavia History Department.)

When I awoke, I was confused briefly as to where I was. It was daylight and I realized that I didn't hear the wind anymore. I went to a window facing Cedar Street and looked out.

Behold a 'marshmallow landscape' 

My eyes must have blinked several times as I tried to focus on familiar landmarks. But there were none. Everything was white as if Mother Nature had poured bleach over the world.

I was completely disoriented as there was no depth perception at all. The sky: white. The ground: white. Everything: white.

It was then, as I tried to get my bearings, that I noticed some movement off to the south, or left. A small stick-like figure was advancing through the marshmallow landscape. I could discern that it was a person coming up the middle of the street, or at least where there should be a street.

As it got closer, I could tell that it was someone on snowshoes. Dan was now awake and at the other front window. The human snowman was approaching the front of the house and he or she began climbing up and up some more. It was then that we realized that the snowshoer was ascending a drift in front of the house that was at least 10 feet high!

My brother and I simultaneously went “Wow!”

As the Yeti-like creature came down the other side of the drift headed for East Main Street we knew at that moment that: 1. We were going to be there for a while; and 2. This was a storm we would never forget.

Shoveling out, returning to normal

I can't recall how many days we stayed at our teenage refuge, but it was a least a few. Dan and I kept busy during the day by shoveling a path from the house to the street. Our parents called often to check up on us and to ascertain if the street was clear for my aunts to return home.

Cedar Street is a connecting road between routes 5 and 63 so it needed to be travelable sooner rather than later. At some point, huge machines showed up and within a few hours the street was open. We marveled to watch the front-end mounted snow throwers, gigantic loaders and “V” plows do their jobs.

When my aunts returned home my dad had to let them out of the car in the street and Dan and I helped them navigate the thin opening through the giant drifts and plowed snow to get to their porch. They were very appreciative of us caring for their house and we were glad we'd made them happy. It wasn't the last time we had to assist them to the house either, because their driveway was unusable until the spring when the snow finally melted away.

When I did return to St. John Fisher, sweating nervously all the way in the car with my dad, I got the good news that I had indeed passed and would be able to stay. Years later, when I told my parents about my narrow escape from having to leave college, it added that much more to my recounting of my adventure in the Blizzard of '66.

(Top inset photo of Batavia Downs following the blizzard of 1966 taken by Gleason Cleveland, courtesy of Joshua Pacino.)

Photos courtesy of Dave Reilly.

Former Batavia resident accepts plea deal, admits he lied to police, tortured and starved pup

By Billie Owens

A former Batavia resident who admitted he lied to police about finding a starving puppy with ulcerated lesions on its paws pled guilty in City Court this afternoon to two misdemeanor counts, one for lying to police and the other for torturing an animal.

Brandon Welch, who is in his mid-20s and now resides in Long Island, appeared before Judge Robert Balbick with his private attorney Frank Ciardi.

Following a brief meeting outside the courtroom between Balbick, Ciardi and First Assistant District Attorney Melissa Cianfrini, Welch agreed to accept the plea deal offered by the people.

Dressed as he was in the previous court appearance -- in dark slacks and a blue dress shirt -- Welch pled guilty to two Class A misdemeanors: falsely reporting an incident in the third degree (for claiming he found the starving puppy, when he actually had harbored the animal at his apartment on East Main Street for months); and torturing/injuring/not feeding an animal -- a violation of NYS Agriculture & Markets law, Article 26.

Another misdemeanor charge for owning/harboring an unlicensed dog was dismissed.

A felony charge for making a terroristic threat, for allegedly saying he would shoot the next police officer who showed up at his home, will be dismissed at Welch's sentencing in April. The DA's office found it problematic to get the two witnesses who allegedly heard the threat to travel to Genesee County for testimony, so the charge cannot be sustained.

Before accepting the plea deal, Welch made factual admissions to Cianfrini.

She asked Welch if on Oct. 4 he told Batavia police that he found a fawn and white colored pit bull near Route 33 and Seven Springs Road in Batavia when in fact he had harbored the animal at his home for several months. Welch replied yes.

Cianfrini asked if he failed to provide sustenance and medical aid for the puppy who was emaciated -- it was several months old and weighed only 9.2 pounds, had ulcerated paws, and was covered in feces and soaked with urine; Welch said yes.

Sentencing is set for 1:30 p.m. on Tuesday, April 23. The Long Island Probation Department will conduct a presentencing evaluation for the judge in the interim.

A stay away order of protection from Welch was issued for two people.

Balbick said there's a range of sentencing options for him to consider in April. The defendant could serve up to a year in jail, either straight time or intermittant time; have conditional or unconditional discharge upon release; and be fined up to $1,000 for each of the two misdemeanor counts.

In addition, Cianfrini asked to reserve the right to seek reimbursement for a tab of $4,593.38 that the county accrued to house and provide medical care for "Opal" until she was well enough to be adopted (and she was), and to house and care for two other dogs Welch relinquished when he was arrested. The judge agreed to her request.

After signing paperwork and shaking hands with his attorney, Welch seemed to leave the courtroom in decidedly better spirits, smiling broadly and energetically walking out to his vehicle.

City reminds residents about snow removal procedures in advance of expected storm

By Howard B. Owens

Press release:

With the arrival of significant winter weather the past few weeks and next several days, the City of Batavia Department of Public Works would like to ask for the public’s cooperation as we all try and navigate these storms.

Private plowing contractors should be aware that plowing snow into the street or onto the sidewalk is not allowed and creates dangerous conditions for motorists and pedestrians.

Property owners are ultimately responsible for clearing sidewalks adjacent to their property. The City supplements sidewalk plowing as crews become available and as need dictates, however, this can only be completed after streets and municipal parking lots are plowed. School routes and main road sidewalks are then given priority.

We appreciate everyone’s efforts managing these snow events. 

Pearl Street Road woman pleads guilty in dog neglect case

By Billie Owens

Photo of Maya at the shelter July 20, before her health returned and she was adopted.

A tearful, remorseful Becky L. Frens pled guilty this afternoon in Town of Batavia Court to one count of overdriving, torturing and injuring an animal and failure to provide proper sustenance in the case of her Labrador retriever mixed breed named Maya.

Under the state Agriculture & Markets law, Article 26, Section 353, the charge is a Class A misdemeanor. The maximum punishment is jail time of more than 15 days but not more than one year, and a fine of up to $1,000. As part of a plea agreement, Frens will serve no jail time nor pay any fine whatsoever.

She will pay restitution and, under supervision by Genesee Justice, volunteer 100 hours of community service work in the next 10 months, "obviously not at the animal shelter," said Batavia Town Court Judge Michael Cleveland.

A total of $116.84 in restitution must be paid to the nurse whose family adopted Maya, and $423.17 must be paid to the Volunteers For Animals to reimburse them for Maya's medical expenses while she was at the Genesee County shelter and in foster care awaiting a forever home.

Frens, (inset photo, right) who appeared with attorney Samuel Alba, also agreed to a one-year conditional discharge: she will not be incarcerated, but she is to have no violations of the law nor will she be able to adopt an animal from a shelter during that time. Alba noted his client has no criminal history.

Alba explained today that Frens took the dog into her home at 3475 Pearl Street Road in the Town of Batavia, even though it was not in good health, because it was her mother's pet and her mother was gravely ill.

First Assistant District Attorney Melissa Cianfrini said when Frens found herself in that situation, she realizes now that she made "honest mistakes" and "bad decisions."

"It's still your responsibility to take care of an animal once you assume responsibility for it," Cianfrini said.

When the dog was brought to the shelter by an animal control officer after neighbors called for help, a trooper happened to be there, Cianfrini said. The trooper was so alarmed at the animal's condition, that he went to Frens' home to see what the circumstances were and found other pets there who were healthy.

Doing too little, too late

Receipts for over-the-counter shampoos and treatments showed that some effort was made to help the ailing dog. But Cianfrini said Frens did not act as quickly as she should have and the dog's condition continued to deteriorate.

Maya was subsequently diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long they cut into the pads of her feet and hobbled her movement.

Cianfrini said the plea agreement "doesn't put everything back" as it should be.

"Maya is a beautiful dog and she's still on the mend," she said, at which point she praised the "great work" by many who made that mending possible: State Police Troop A -- Batavia Barracks; State Street Animal Hospital staff, particulary veterinarians Fran Woodworth and Gwendolyn Wollney; Animal Control Officer Ann Marie Brade; and the tireless Volunteers For Animals, who ferried Maya to and from the vet, walked her, fed her, loved her, comforted and aided her.

Attorney Alba offered no excuses for his client, other than to say when Frens had tried to call shelters to relinquish ownership of Maya, she was always told there was no space.

"She never intended to harm Maya," Alba said. "She never intended to do anything malicious. She's extremely remorseful."

When asked if she had anything to say on her own behalf, a shaky Frens, who wore gray suede ankle boots, black cargo pants and a blue-and-black diamond-print knit top, used boths hands to steady herself at the table in front of the judge.

"I feel so bad this happened," she said softly, crying and sniffling as she spoke. "I tried to take care of my mom. I should have taken (Maya) to the vet, but I didn't have the means at the time."

In accepting the plea deal offered by the DA's office, Judge Cleveland said both sides met in conference last month and this month, and he feels the plea deal they came up with is fair.

Cleveland said in cases like this emotions can overshadow the facts at first, but as the "wheels of justice grind slowly" the facts of the case come to the forefront.

Judge: justice has been served

"The purpose (of the plea) is not to please everybody," the judge said. "It's to do justice. With restitution, people were compensated. I'm glad to hear Maya is doing well. Justice has been served in my opinion.

"(The defendant) has pled guilty to the charge and accepted responsibility; she has not tried to get out of it. The public interest will not be served in any way by jail time."

Cleveland went on to emphasize that volunteering hours for community service is not punishment, nor is it intended to be; it is meant to serve the community -- just like scouting or 4-H.

"If all we do is take from the community, pretty soon there'll be nothing left to take," Cleveland said.

Meanwhile, Frens, who is in her mid-50s, has 30 days to file a written appeal of the adjudication.

Outcome: better than it used to be

For the Volunteers For Animals, the outcome, while perhaps not ideal, is more or less deemed "the best they could hope for."

Time was not long ago, according to some, that animal neglect cases like this never even made it to court.

Brenda Cromwell, who has volunteered at the shelter since 2001, said after court today that the first case she recalls that sparked comparable outrage was 10 years ago in Le Roy when Stanley the beagle was found dead and people wrote letters and got angry about his treatment.

"This is an improvement over how things were," Cromwell said. "It's probably the best that we can expect."

Still, Cromwell is saddened by Maya's case, which came to light on July 10 when the dog somehow managed to get out of the house and make its way down the long gravel driveway. There it was found by neighbors across the street, who said they were shocked and appalled at the dog's emaciated condition; they called dispatch to report their pathetic discovery.

"She was so beaten down, so broken, when she came to us," Cromwell said. "She was happy for any attention at all; she was so neglected. I think (Frens) gave up. That dog was totally neglected."

(Photo below of Maya taken on July 20, which is 10 days after she was first brought to the shelter. With her nails trimmed, she could manage to walk better.)

Links to previous coverage:

Batavia woman arrested by Troopers at shelter when she tried to reclaim her neglected dog

'Maya' recovering at animal shelter while former owner makes first court appearance on neglect charge

Batavia woman accused of failing to care for dog was a no-show in court today, and so was her attorney

Case of neglected lab 'Maya' delayed again so former dog owner can gather 'more documentation'

Case of Pearl Street Road woman accused of neglecting dog delayed until January

Batavia man accused of sexually abusing teenager

By Howard B. Owens
       Dale T. Young

A 38-year-old Ellicott Street resident has been indicted by a Genesee County Grand Jury on 10 criminal counts related to accusations that he forced a person less than 17 years old to engage in sexual activity.

The alleged crimes were first reported in October when Dale T. Young was arrested by Batavia PD and ordered held on $50,000 bail.

The counts against Young:

  • Endangering the welfare of a child. In July, Young allegedly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child.
  • Sexual abuse in the first degree. In July, Young allegedly subjected another person forcible sexual contact.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Sexual abuse in the first degree. In October, Young allegedly subjected another person to forcible sexual contact.

Young is out of jail on bail.

Kitchen fire reported on South Main Street, Batavia

By Howard B. Owens

A kitchen fire, reported as a structure fire, is reported at 62 S. Main St., Batavia.

It's a lower apartment. Occupants are evacuating.

City fire dispatched.

UPDATE 12:22 a.m.: Police officers on scene report heavy smoke showing.

UPDATE 12:24 a.m.: A first responder says flames are showing at the back of the structure.

UPDATE 12:26 a.m.: "Small kitchen fire. Looks like it's extending into the cabinets. Have water on it now," says a firefighter.

UPDATE 12:30 a.m.: Fire is out; checking for extensions. Fourth platoon is called to city fire headquarters.

UPDATE 12:46 a.m.: Fire command requests Red Cross to aid two adults and four children who live in the apartment.

City seeks nominees for 2018 Recognition Awards, deadline is March 8

By Billie Owens

Press release:

The City of Batavia is currently seeking nominations for the following 2018 Recognition Awards:

COMMUNITY VOLUNTEER

An outstanding individual in the community that demonstrates excellence in volunteerism. This individual goes above and beyond normal responsibilities creating a lasting and beneficial impact.

HOMEOWNER OF THE YEAR

An engaged resident who has given extra effort to go above and beyond in maintaining their home and enhance their neighborhood.

BUSINESS OF THE YEAR

A business that has demonstrated community involvement and represents entrepreneurial spirit while providing exceptional customer service, professionalism and integrity.

NOT-FOR-PROFIT/SERVICE ORGANIZATION

Providing service to the people of the City by demonstrating commitment in improving quality of life throughout the community.

***************

If you know of someone that you would like to nominate please complete the nomination form and submit to Lisa Casey by Friday, March 8.

The awards will be presented by City Council at a future City Council Meeting.

Nomination forms available by the following:

  • City website: www.batavianewyork.com under the home page;
  • Can be picked up at the City Manager’s Office;
  • Call (585) 345-6333 to have form emailed to you;
  • Email at Lcasey@batavianewyork.com;

Mail nominations to: Lisa Casey, City of Batavia, One Batavia City Centre, Batavia, NY 14020.

Fax nominations to (585) 343-8182.

Sponsored Post: Pre-need funding and taxes

By Lisa Ace


Pre-need funeral accounts in New York State are considered assets of the individual, not the funeral home. Each year, those that have prepaid their funerals with a funeral home receive a tax document for the interest earned in the previous year. If you have an account with any of our funeral homes, and did not receive your statement, please call us. We'd be happy to assist you. Batavia Funeral Homes

BID board names Barb Dietrich as new director

By Howard B. Owens

Press release:

The Downtown Batavia Business Improvement District (B.I.D.) is thrilled to announce the appointment of Barbara Dietrich as the B.I.D.'s new Executive Director.

Dietrich comes to the B.I.D. from an extensive background of marketing, event management, public relations, promotions and business startup skills. She was the president of Dietrich Consulting in Batavia starting in 1998. She consulted for a variety of businesses on marketing, advertising trends, promotions, sponsorship and events. She was the radio personality on Entercom Buffalo; News Radio 930 WBEN – “Easy Living with Barb Dietrich."

Dietrich was the sponsorship director of “The Great Pumpkin Farm ”Oink”toberfest, NYS BBQ Cook-off Competition in Clarence. During her time at Dietrich Consulting she was the director of Marketing and Development for the YWCA Genesee County, director of Marketing for Empire Tractor Inc., director of Marketing, Public Relations and Sponsorship for Rivera Theatre in North Tonawanda, and general manager for WNY Event Centre in Clarence.

Dietrich has volunteered for many organizations over the years, she was a board member as well as past chairperson for Genesee County Chamber of Commerce, a member of the Batavia Business Advisory Board, Cornell Cooperative Extension Board, Genesee County Business Advisory Board for Tompkins/Bank of Castile and Junior Achievement.

“Most of my marketing/management career has been in the Buffalo area and I’m so happy to use those skills and experiences here in my own community," she said. "It’s an honor to be a part of the exciting growth of Batavia!”

Dietrich moved to Batavia from State College, Pa., with her husband, David Dietrich, more than 25 years ago. They have two children, Joe and Petra.

She said she is happy they chose Batavia as their home.

Dietrich is looking forward to joining the B.I.D. and working closely with the downtown businesses, volunteers, board members, the City of Batavia and its community. Her official start date will be Monday, Jan. 28. We warmly welcome her to the B.I.D.

Buyers lining up for Alpina plant at bargain price compared to $70 million invested

By Howard B. Owens

Some potential buyer of the now-shuttered Alpina property in the Genesee Valley Ag Park is going to pick up an ultramodern dairy plant for a relative song, according to the man tasked with finding a buyer.

And it will sell soon, said Aaron Morgenstern, managing director of Harry Davis & Company, the firm handling the real estate listing.

"It's an opportunity that doesn't come along often," Morgenstern said. "I would expect we'll soon find a buyer. I'm 100-percent confident that it will be sold soon and I'll be surprised if it's July 4 and we're still talking about who will buy the plant."

Harry Davis & Company specializes in valuing dairy companies and handling dairy plant and operations sales. The company helped in the sale of the former Muller Quaker Dairy plant in Batavia when HP Hood acquired it from Dairy Farmers of America.

Alpina acquired the land and built the plant for $20 million in 2012. Over the next six years, Alpina invested another $50 million in buying more land in the ag park, adding equipment, including equipment for liquid yogurt production, and adding onto the facility in anticipation of increased production.

The fully automated plant will help the company that acquires it control labor costs; at full capacity, Morgenstern would expect the plant to employ about 100 people.

"Our goal is to find a new operator who will bring jobs back to the area and grow the facility to its full capacity," Morgenstern said.

Morgenstern said he couldn't disclose the asking price for the plant but said it's substantially less than the $70 million that Alpina invested.

"The value proposition is that this an opportunity for somebody not currently in New York State to get into one of the premier milk sheds in the United States," Morgenstern said. "Or it's an opportunity for somebody in New York to continue to capture this milk shed with a brand-new ultramodern facility."

Morgenstern said he's received about three dozen inquiries about the property from serious potential buyers since the plant went on the market last week.

In 2012, Alpina, based in Colombia, received $767,096 in tax incentives to build its first U.S. plant in Batavia. A large portion of those tax incentives was in the form of a PILOT -- Payment In Lieu Of Taxes -- in which Alpina paid a fee in exchange for reduced taxes on the increase in assessed value of the property. The amount of taxes due to the increase in assessed value graduates upward over the years, from zero percent the first year, to about 50 percent today.

The assessed value of the property $168,000 (commercial properties are assessed differently than residential properties to account for the depreciation of commercial buildings). CORRECTION: When looking at assessments, we only looked at one parcel. There is another parcel that Alpina owns with an assessed value of $4.2 million.

Jim Krencik, spokesman for the Genesee County Economic Development Center, said the GCEDC board has the option, under the PILOT agreement, to adjust the agreement, or even cancel the PILOT, to increase the tax bill to 100 percent of assessed value.

A potential pitfall of canceling the PILOT is that a new owner would not be eligible for a continued tax abatement. The board keeps the PILOT in place but adjusts the taxable amount, another company could get a new PILOT agreement. A canceled PILOT agreement potentially makes the property less marketable.

The Batavian contacted four of the five current GCEDC board members and all said they wanted to reserve comment on the status of the PILOT until they had more information.

The board doesn't meet again until February and the time period for making a decision about the future of the PILOT is February and March.

"As we move forward with the site, I’m keeping in mind that any decision regarding the PILOT is within a larger effort to continue to bring more capital investment and job growth at the Alpina site, the Ag Park and Genesee County," Krencik said.

If the amount of taxes due under the PILOT were adjusted, it wouldn't take effect until the tax years for municipalities and school districts, and if Morgenstern's prediction of a quick sale is correct, the issue would become moot.

When Muller Quaker sold its $200 million plant to DFA, DFA didn't immediately decide what to do with the plant and it sat vacant for more than a year. In that case, the GCEDC board adjusted the PILOT and DFA paid more than $655,000 in additional taxes to local governments in 2017. When HP Hood acquired the plant, the PILOT benefits were extended to Hood.

Local resident opens wine tasting room in Harvester Center

By Virginia Kropf

Sarah Veazey has always had an entrepreneurial mindset, and now that she has started her own business, her passion is giving back to the community.

Veazey has opened a wine tasting venue in Harvester Center called “One Hope.”

The name alludes to Veazey’s desire to help nonprofits achieve their goals, and every month she will choose a nonprofit organization to benefit from the profits of her wine tastings.

Her business is named after a California winery.

“I searched for a wine that gives back,” Veazey said. “Every wine has a different nonprofit organization that funds will go to.”

In addition, for every private in-home tasting or business-after-hours event, Veazey will donate 10 percent to a local nonprofit.

On Feb. 16, she will host a couples’ wine and beer tasting from 3 to 6 p.m. to benefit Crossroads House.

“I have also been a volunteer coordinator for Crossroads House, so I know their need,” she said.         

A native of Oakfield, Veazey has always had a passion for wine and previously worked as manager of A Gust of Sun Winery in Spencerport.

“I gained a lot of experience there,” she said.

One of her goals is to have local artists exhibit their work at her business, and she already has several artists’ works on display.

On Saturday, Veazey has planned a Sip & Shop from 5 to 9 p.m. to benefit the family of a Corfu girl who was born on June 20 at Golisano’s Children’s Hospital with numerous medical problems. The event will help the family with their mounting medical bills.

Every third Wednesday, Veazey offers “Rest and Relaxation,” featuring massages and psychic mediums.

One evening she may have gallery readings with groups.

Next month she will have yoga one week. By spring, she hopes to be able to offer a soup and salad bar and, eventually, a reasonable Sunday brunch.

“I’m full of ideas,” she said.

Plans for Valentine’s Day include a wine and chocolate tasting.

Regular tasting room hours are from 2 to 7 p.m. Thursday and 2 to 9 p.m. Friday and Saturday.

Information on tickets for her events may be found on her Facebook page at Facebook.com/wnyonehope.

Ben Bonarigo announces candidacy for full-time City Court judge

By Howard B. Owens

Press release:

Benjamin J. Bonarigo Sr., a City of Batavia attorney, has announced his candidacy for Batavia City Court Judge. A lifelong resident of Batavia, Bonarigo is seeking to be elected to the position being vacated at the end of 2019 by the retirement of the Hon. Robert J. Balbick, who reaches mandatory retirement age.

Bonarigo and his wife, Diane, a retired City of Batavia elementary school principal, have made the City their home, where they raised three children, two of whom continue to reside within the City with their families.

A 1975 graduate of Batavia High School, Bonarigo attended Genesee Community College, while working in his family’s restaurant, attaining an AS Degree in General Studies in 1977 and a Bachelor of Science Degree in Business Management, cum laude, from the State University of New York at Buffalo in 1979. He furthered his education by attaining his law degree from the State University of New York at Buffalo Law School in 1982 and was admitted to the practice law in New York State in 1983.

During his practice, Bonarigo has acted as the attorney for: the City of Batavia, the Town of Batavia, the Village of Oakfield and the Village of Oakfield Central School District.

At the start of his career, Bonarigo worked in the Genesee County Public Defender’s Office where he worked part-time while at the same time establishing, over the next 37 years, a flourishing legal practice, which is now known as Bonarigo & McCutcheon. He has practiced in all areas of civil and criminal law all over Western New York and beyond.

While practicing law, Bonarigo has been very committed to his profession, having been appointed to the Appellate Division 4th Department Grievance Committee for six years, during which time he, along with others, sat to review the ethical behavior of attorneys from all over Western New York.

He was also appointed to the Independent Judicial Qualification Commission for the 8th Judicial District on which he participated in the review, and rating, of candidates for judicial offices in all of Western New York courts. He is a longtime member of the New York State Bar Association to which he was a delegate representing the attorneys of Genesee, Orleans and Wyoming counties during State meetings.

He has been a member in good standing with the Genesee, Orleans and Wyoming County Bar associations, serving as president of the Genesee County Bar. During his tenure as president of the Bar Association, Bonarigo implemented an attorney-reading-with-students program in the elementary school in the Batavia City School District.

In addition to his commitment to the legal profession, Bonarigo has been highly involved in civic matters in the City of Batavia. He has been: a coach and been a member of the Board of Batavia Youth Football; a client tutor and member of the Board of Literacy Genesee/Orleans; a member of the Notre Dame High School Foundation Board; a member of the Notre Dame Board of Trustees; a member of the Board of the Holland Land Office Museum; and a Mock Trial judge for many years.

Bonarigo is currently a member of the Board of Trustees at Genesee Community College, having been appointed by the Governor in 2011. He, along with his co-board members have overseen a significant expansion of the campus facilities. He is also a member of the Twenty-Five Neediest Children’s Fund Inc., which financially assists students and families within the Batavia City School District.

For his civic efforts, Bonarigo was been inducted in 2011 to the Genesee Community College Hall of Fame; granted an honorary diploma from Notre Dame High School in 2010; and was recognized as a Friend of the ARC in 2013.

“With my breadth of professional experience, love and commitment for the City of Batavia, its residents, including my family, neighbors and friends, I feel that I am uniquely qualified and I am the best-suited candidate to be elected to the City Court bench," Bonarigo said.

"It will be with great pride, impartiality, humility, and compassion that I will sit daily making judgments that continue to better our community. I look forward to the challenges ahead in this election process and look forward in the next several months as I reconnect with old acquaintances and, making new ones, as I seek your support for this position.” 

Durin Rogers announces candidacy for full-time city court judge

By Howard B. Owens

Press release:

Today Durin Rogers, attorney and City of Batavia part-time judge, announced his candidacy for the full-time Judge of the Batavia City Court post that will become vacant at the end of this year.  Judge Rogers would be running to replace current City Court Judge Robert Balbick, who will retire after reaching mandatory retirement age.

Judge Rogers has served as the part-time Batavia City Court judge for almost four years following his unanimous appointment by Batavia City Council in 2015. 

“I am excited to officially announce I will be seeking the full-time Batavia City Court judgeship this coming November...," said Judge Rogers.  “I made this decision because I sincerely believe that I have the qualifications, experience, and commitment to our community that the residents of the City of Batavia deserve.” 

During his past four years on the bench, Judge Rogers has handled all types of cases within the court's jurisdiction including civil, criminal, small claims, housing code violations and even matters in the drug court and veteran's courts. He has championed effective service to the community including cochairing the Centralized Arraignment Part Program (CAP), a program designed to assist in the timely arraignment and representation of Defendants in criminal proceedings.  He has spear-headed the efficient processing of housing code violations and established a protocol to effectively and timely deal with "zombie" properties neglected by non-local corporations and owners.

“Each of these responsibilities comes with difficult decisions that impact the lives of those before the Court and those in our community," Judge Rogers said. "A judge’s legal background and experience, commitment to the community, and character are essential to making fair and honest decisions while holding offenders accountable."

Judge Rogers has dedicated his almost 25-year legal career to public service, including volunteering with the Public Defender's Office and handling assigned counsel matters throughout the GLOW region in criminal and family courts.  He has served as an attorney in the Genesee County Attorney's office since 1995, where he was lead prosecutor for juvenile delinquency proceedings for more than 20 years; and handled all types of matters within the office including domestic violence/family offense matters; abuse and neglect proceedings; and contractual negotiations for the Genesee County Public Radio system.

Judge Rogers has extensive experience in electronic evidence particularly in admission of social media. He has been a frequent speaker in this area across New York State.

“As more and more individuals integrate this form of electronic communication into their lives, my unique knowledge of this area of law will be of great value to the Batavia City Court Bench,” added Judge Rogers.

“It is with this background, having been a prosecutor, a defense attorney and now a judge, that I believe I have the unique qualifications and legal experience to understand and administer justice in the City of Batavia so that all residents of our community feel safe and are treated fairly… I will do so with integrity, respect and the temperament that a judge must have when hearing cases fairly, each day, every day,” Judge Rogers said.

Judge Rogers commitment and passion for public service extends beyond the court system. Over the years, Judge Rogers frequently volunteered his time and commitment to coach youth sports including baseball and basketball for more than 15 years.  He assisted in bringing the "Youth Court" to Genesee County. He was a founding board member of Habitat for Humanity of Genesee County; a volunteer Budget Ambassador for the Batavia City Schools District; an appointed member of the Batavia City Youth Board; a member of the original Board of Ethics for the City of Batavia; and a member of the City of Batavia Police Facility Task Force.

Other volunteer activities included being an attorney for the Surrogate’s Decision-Making Committee (SDMC), and president of the Genesee County Bar Association (GCBA), during which time he collaborated with the Genesee Community College to bring a new program to Genesee County known as the “People’s Law Series,” a biannual symposium designed to educate and guide the public in topical areas of law.”

Judge Rogers lives with his wife, Paula, and their four children in the City of Batavia. His family has resided in Batavia for almost 18 years and are proud to call Batavia home. Rogers is a graduate of the University of Florida with a Bachelor of Arts in Criminology and Law; and received his Juris Doctor legal degree from the Cleveland-Marshall College of Law in Cleveland, Ohio.

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