batavia

A truck has reportedly hit a pole on Ellicott Street Road at Shepard Road, Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:52 a.m.: There's also a truck off the road with a fuel leak on Route 63 and Little Canada Road. Bethany Fire responding.  A minor injury reported at the Shepard Road incident. 

UPDATE 11:53 a.m.: Shepard Road, no injuries. The driver is in an emergency vehicle, warming.  Low-hanging wires, none detached.

UPDATE 12:03 p.m.: Trucks can't get through because of the low-hanging wires at Shepard Road.  A single lane is open for cars.

UPDATE 12:08 p.m.: Traffic control is needed at Little Canada Road. "We're on a bend in the road here. People are flying around the curve before they see us."

Resiliency is a great attribute for anyone or any place, however, there’s a difference between concept and reality.

New York State and Genesee County officials announced this week a plan to boost the county and its multiple municipalities, including the city’s Centennial Park, with a 454-page resiliency plan. The three-phase strategy for Centennial Park is estimated to cost more than $300,00 once fully completed, plus ongoing maintenance.

“Like with all planning documents, funding is key,” City Manager Rachael Tabelski said. “Otherwise, they sit on a shelf and collect dust.”

The Batavian asked Tabelski about details for the plan, which was unveiled by the state and nonprofit NY Green, and paid for with a $250,000 grant, this week at the base of Centennial Park.

City officials were present but not part of the news conference, though “we did provide information to the consultants about the flood plain and gave permission to Genesee County Planning for the Centennial Park proposed concept, with input from the parkside neighborhood,” Tabelski said.

The proposed concept is a lofty one, aiming to tear out 60 trees, mostly silver maples, and plant 400 new trees and shrubs of more compatible species for a warming environment. Depending on the species, it can take new trees from 15 to 30 years to fully mature.

State Deputy Secretary Kisha Santiago-Martinez said the plan presents a “comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events.”

“By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters,” she said.

The plan for Centennial, situated in the heart of the city between Ellicott Avenue and State Street, also calls for regrooved pathways and raking autumn leaves up around trees instead of mulching them with a mower. The idea was to reinforce the historic patterns of the park through the use of vegetation, pathways and tree species more akin to this area able to withstand future warming, said David Beatty, an integrally involved Batavia resident who was on the committee to flesh out a park plan.

While Tabelski had no critiques of the plan itself, it comes down to the question, as with most everything: how is it going to be paid for?

Back up to about six years ago, when former City Manager Jason Molino led the formation of a City of Batavia Tree Master Plan in 2017. Consultant Urban Forest Analytics LLC performed the study after several meetings with Public Works, the Bureau of Maintenance, and parks staff. Extensive fieldwork was completed to identify and locate trees as part of the master plan, then-DPW Director Matt Worth said in a memo to Molino.

It was a project of years in the making that included training for proper tree care techniques, risk assessments, maintaining a database, detailed forecasts and strategies, Worth had said.

That plan is followed as funding allows each year for tree removal, planting and pruning throughout the city, including in parks, Tabelski said.

“Trees are an integral part of our city landscape, and fabric of our neighborhoods, not to mention the positive emotional and recreation enhancement trees offer,” she said. “Over the past several years, I have fielded more requests for increased tree planting than any other single request from citizens of the city.”

Highlights of the Tree Master Plan include:

• The number of street trees could increase by 50 percent
• 7 percent of street trees are ash and need to come down (250 trees)
• 15 percent of park trees are in poor condition 
• 8 percent of park trees are ash and need to come down (54 trees)
• 38 percent of Batavia has canopy cover

Even though this week’s debuted plan may have seemed to be a given, it is not a mandate, Tabelski said.

“The Genesee County Resiliency Plan includes towns, villages and the city and is purely a road map that communities can choose to follow to make improvements and access grant funds if they so choose,” she said.

As for who will pay for that road map, “the plan that included Centennial Park could be used to apply to grant funds for tree removal and planting, along with the city’s Tree Management Plan.”

“It is a tool to help make informed decisions,” she said. “It is my understanding that the DEC does, periodically, have these types of grants available.  The other options are fundraising in the community, corporate sponsors, or through the city’s operating funds. 

“This is a planning tool that can help City Council and City Management make future decisions, just like the Tree Management Plan,” she said.  “We consult these plans during grant review and budgeting.”

This year’s pending 2023-24 budget for the City of Batavia includes annual tree removal (20 trees) for $26,000, stump removal for $5,500 and tree purchase and replanting (one for one) for $11,600.

 Projected costs of future maintenance, if the park plan is completed per the resiliency plan, have not yet been reviewed or evaluated, Tabelski said.

Go here for prior Resiliency Plan coverage.

File Photos of spring, top, and summer, at Centennial Park in Batavia, by Howard Owens.

Squirrels, a dead-end street across from an elementary school, and the four seasons.

Those have been some of the challenges being situated in a fairly remote — and animal-friendly — section of the city in Western New York for Phil and Steve Pies over the years, Steve says.

Yet despite that and the typical ups and downs of retail business, Max Pies Furniture has endured 118 years since its settling into that comfy spot at the end of Jackson Street in 1905. Founder Max Pies and family built not only a small business but also their home, and the place was handed down to now Steve, the fourth generation of the Pies family.

No wonder they have earned the Chamber of Commerce Business of the Year Award. And there’s no other place they would have continued the tradition that began for furniture and flooring sales.

“As far as this structure and this business from this location, it’s the same location. Obviously, they added on to the store since 1905. But the original location and their house were in the parking lot you pulled into,” Steve Pies said. “They went all over the board from Rochester to Buffalo, and I think even close to Syracuse at one point in the 80s. Rochester Linoleum bought out all of the flooring aspects. But the furniture, even though we do flooring here as well, the original furniture store Max Pies name started right here.”

And they both must have just naturally fallen right in line with the business, yes?

"Well, not really,” Phil said. “I went to college, then I was in the Air Force. And then my uncle was here at the time, and my dad.”

Phil was married with two children, Steve and Natalie, and living in Sacramento, Calif. at the time. After his Uncle Jake died, he ended up returning to Batavia and worked alongside his dad, Sam. Business must have been good for longevity: his grandfather worked until he died at 93, and the same for his father until he was 83. Phil has been the friendly face of Max Pies for the last 53 years.

It was a similar crooked path for Steve, who didn’t immediately return from college to join the family business. He went off to pursue a business degree at Plattsburgh State College, and something drew his attention to working on a cruise ship — he had visions of “Love Boat” — and went aboard to work as a Blackjack dealer and then worked around Nevada in casinos building a career as a card dealer.

He eventually returned and decided to help his dad, who turns 80 in May. They thought back to what has changed over the years, and certainly, costs have been a big one.

“Freight rates have changed, insurance, overhead,” Phil said. “And styles, we sold a lot of colonial, and now we sell a lot more modern styles.”

Steve added that retro comes and goes, but a shift that has added time, labor and unexpected expenses has been how furniture arrives now versus years ago.

“It used to be all assembled,” Steve said. “Now it’s called KD, for knockdown. It's, take them off the truck, unpack them out of the box, set them up with screws and a drill and dispose of the garbage. It's a lot more tedious.”

While costs have shot up on their end, the waste management business is booming. The Pies have a 40-yard roll-off Dumpster that costs $800, and sometimes it gets filled three times a month with styrofoam and boxes, Steve said. For the most part, they depend on sales reps for advice and guidance on what’s trending, what’s hot, and what to buy throughout the year, Steve said.

“My dad has a good relationship with a lot of our reps. The reps know what’s out there,” he said. “But we try to have a variety as well because, you know, you’ve got 20-year-old couples, and you’ve got 70-year-old people and you’ve got in between, and there's such a different dynamic.”

A walk through the downstairs showroom features a painter’s pallet of gray hues — from charcoal and slate to lighter silvers. Grays are definitely in right now, the father-son team agreed, and other hot items include power recliners, sleeper sofas and sectionals. They will cater to people’s tastes, but with a focus on this locale, Steve said.

For example, unlike more eclectic geographical areas such as New York City, this region has a mixed appetite that includes a lot of rural country.

“We have hunters, they want the classic. They want a camouflage recliner, they want a rocking chair, and a certain bedroom set that looks like a plank cabin look,” Steve said, adding that there was a camouflage recliner in stock that day just waiting for an avid hunter.

For the approximately $2.5 million of sales volume they accomplish, the staff is small, Steve said: seven people, including Jimmy, Peggy, Eddie, Reggie and Hunter, plus subcontractors. Hours have been reduced over the years, especially when COVID hit, from a crazy 9 to 9 schedule to 9 to 7 and then 9 to 5 work day, Steve said.

“The biggest challenge for a store like ours in a town like this in a state like this is we deliver furniture winter, spring, summer and fall. We've gone through roofs, we've gone through windows, we take off doors, we go up and down. We unload trucks in blizzards. And we have a building that has, you know, leaky roofs. We have squirrels … so I would say, having an old building and four seasons,” he said. “And I would also say that if you look at our location, you could arguably say this is the worst location on planet Earth for a retail furniture store, dead-end residential neighborhood across from an elementary school. That's my long-winded answer to the challenges.

“ (Turning to his dad) But you’ve been here 53 years. So yeah, there was a time where my dad said, the accountants used to say, ‘you made too much money this year, you got to do something with it.’ And there's been other times where we can't pay our bills,” Steve said. “So it's a very cyclical business in the notion of, you just gotta keep grinding and keep going. It is what it is. So there still are heydays, and there still are lows, and there still are in between.”

Given it is a “cyclical business” that definitely still experiences those good times of Batavia’s yesteryear, what’s the secret? Max Pies motto, Steve said, giving a nod to his dad.

“Where customers send their friends,” he said.

The nomination committee selected Max Pies, partly due to Steve’s “tremendous” contributions for bringing the business “into the 2000s” via online ordering and a website, excellent customer service and marketing the business in many unique ways.

Photo of Steve and Phil Pies at Max Pies Furniture store at 400 S. Jackson St., Batavia. Photo by Howard Owens.

Press release:'

Musicians of Note, a wall of fame to honor past Batavia High School graduates in music, will host its 4th annual ceremony on March 17 in the Batavia High School auditorium at 7 p.m.  Nominations were accepted until November when our committee followed through with selecting four talented and deserving recipients.  

Nominées will be recognized with a video presentation.  We will also have High School ensembles perform to celebrate those specific honorees.  A plaque featuring their accomplishments will be displayed on the new Musicians Of Note wall at the High School. 

The 2023 honorees include Diana Dipson, 1929; Gloria McLaughlin, Retired BCSD music teacher 1970-1989; Brian Isaac, 2001; Deanna Spiotta, 2005; and Melzie Case, 2012.  All five nominees have outstanding resumes.  Since Mark Hoerbelt was ill during the last Musician of Note 2022, we will be having a performance celebrating Mark’s acceptance into Musician of Note last year.

The Musician of Note committee looks forward to receiving nominations for the prestigious honor in the next six months.  You have until the end of October to nominate for the 2024 Musician of Note Ceremony. You may find the application for the Musician of Note on BCSD Website or email JHaggett@bataviacsd.org to have one emailed to you personally for future nominations.

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions pique your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you. The museum is reaching out to anyone with an interest in local history who would like to volunteer.

Any amount of time that can be given is welcome; even an hour a week can make a great difference. Volunteers can work in many different areas, and interests and strengths will be used to the most optimum effect. Areas of need include: cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc. Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 am to 4 pm.

If you have an interest in volunteering with the Holland Land Office Museum, don't hesitate to get in touch with Director Ryan Duffy at 585-343-4727 or hollandlandoffice@gmail.com. Information can also be found at the museum’s website at www.hollandlandoffice.com.

Photo: May 2015 file photo by Howard Owens.

Press release:

The Batavia Society of Artists is hosting artist Karen Crittenden on Tuesday, March 14, at Go-Art/Seymour Place, 201 E. Main St., in Batavia at 7 p.m.  Karen will be demonstrating hands-on collage multimedia.  all materials will be provided at no charge.  Tavern 2.0.1. will be open for cash purchases.  Non-members are welcome with a $5 fee.  We are always accepting new members, Single $30, Couples $50, and Students/Veterans $10.

Karen is a lifelong artist who has had a love of all things colorful and accessible.  Her current work has been based in collage/mixed media and photography.  She has traveled to a lot of wonderful places, and this often has an effect on her work.

In recent times she has been collecting and working on making books, journals and junk journals with all the fun vintage and handmade ephemera to go inside those books.  She also enjoys designing and stitching her own embroidery designs.

Karen owns and operates a niche yarn and media business where she offers group and private lessons in a variety of media.  

Sinus steamers, muscle mousse and scrubby bars may not seem to be your typical hemp and cannabis company products, but they’re exactly a reason why Empire Hemp Co. has become so popular in its field.

“We create a lot of unique products you wouldn’t find in other stores,” Chief Operating Officer Shelly Wolanske said. “In order to keep current, we’re constantly coming up with new ideas for products.”

The company, based on the first floor of 34 Swan St. and expanding into 23,000 square feet that includes the second floor for production and storage, with a retail store at 204 East Main St. in downtown Batavia, has been selected for the Chamber of Commerce Innovative Enterprise of the Year Award. While Chief Executive Officer Chris Van Dusen and Wolanske were surprised, they agree the type of business is all about being innovative.

“We’re the first cannabis business in Genesee County,” he said. “As far as what we’ve come from and where we’ve gone to, we ordered a lot of equipment and brought on a lot of investors to fund that expansion. We are so we have our whole line of adult-use cannabis products or THC products, and those include pre-rolled ‘cones,’ gummies and vape cartridges and flour. We needed the new equipment to do those products and locked down the gummy recipe. We just took our first orders for gummies to dispensaries in New York.

“As we’ve grown the business, we’ve had to learn each aspect of the business, start off with CBD, and we have to learn not only the regulations and the state compliances, but we also have to learn how does the machinery work? What's the most efficient way for them to work, train employees, and, there's all these different nuances around it, that's part of growing a business,” Van Dusen said.

There has been no blueprint to follow, Shelly added, no trailblazer ahead of them to follow. They’ve been the trailblazers, forging their way through the state regulations, certifications, inspections and protocols to ensure they’re doing things the right way.

“It’s been trial and error; we’ve figured this out; regulations and testing’s been a challenge,” Van Dusen said.

They’ve had to find out through trial and error how to do things as efficiently as possible, when it was time to recruit and hire more staff, and what products were hot or not. Making gummies, for example, might seem like an easy task, and yet it took one and a half years to perfect the recipe, Wolanske said. They worked with different preservatives and flavorings, and it came out either too mushy or too stiff and took a lot of adjustments to get it to the chewy, gummy consistency they wanted.

There have been other challenges, including a lawsuit right now in New York State that’s holding up deliveries from dispensaries.

“That’s a whole other challenge we’re working on,” Van Dusen said. “We’re constantly solving problems. It’s exciting but challenging at the same time.”

They raised “a substantial” amount of money to buy equipment for their production needs and hired five people in the last three months to work at the store. One goal is to educate people about their products while the field has dwindled in certain arenas, Wolanske said.

“It takes a certain attitude. There’s an ebb and flow,” she said. “There’s very few of us left from the CBD days.”

Despite all of the hurdles, Van Dusen sees that “the opportunity in front of us is really incredible.”

“We’re really excited about where we are going with the expansion. We're quadrupling our footprint. That's our next phase of focus, how we're going to build that out. And then we have to get it okayed by the state, and then we have to get it Good Manufacturing Practices certified before we can start production out there,” Van Dusen said. “So we have to clean it, we have to paint it. And we have to then have a consultant come in and make sure we have everything ready for our audits for both the state and from the third party auditor to make sure that we're in compliance.”

The plan is to fill up that upstairs space with an indoor growth facility and keep rolling together as a cohesive group.

“Any little step is a huge step for us,” Wolanske said. “Everybody we’ve hired so far is part of the team. They’re in.”

And so, too — obviously — have Van Dusen and Wolanske been in since the beginning, which began long before they founded Empire Hemp and planted their first site on Swan Street in 2019 and then opened the store in April 2020 downtown.

Their award nominations included articles about the early days of Wolanske, whose path to the hemp industry brought her by way of being a policy-maker in the alcohol and substance abuse and prevention field, and Van Dusen as an entrepreneur, furniture maker, contractor, bicycle mechanic, tour guide, and father of three, whose history with cannabis dated back to the nineties during his battle with cancer. It was the intense effects of chemotherapy, in particular, that pushed him to explore alternative methods of recovery from the side effects of Hodgkin's Lymphoma treatment. 

"During that time, California had just legalized medical marijuana for cancer and AIDS patients, and I was having a tough time with chemotherapy," he said. "It relieved nausea and the terrible feeling I had from the chemicals being pushed through my veins and allowed me to have a level of normalcy in my life. It was like night and day, and I could go back to work. I knew at that point there was something about this plant that had some serious healing. It was life-changing." 

Fast forward to 2020, when COVID hit, and the couple learned another form of survival during pandemic shutdowns. Nomination forms included yet other articles about the tenacity of Van Dusen and Wolanske to operate a walk-up window, followed by the opening of their store, which was a success. While some places have merely posted a sign, it’s not as easy — or legal — as that, Van Dusen has said, wanting to clarify and educate the truth for consumers to know in further articles, all used as part of the nomination process.

Top Photo: Chris Van Dusen, founder and Co-founder Shelly Wolanske at their Empire Hemp shop on East Main Street, Batavia, and several of their self-created products. Photos by Howard Owens.

Centennial Park isn't what it once was, and a new plan unveiled at a press conference Monday aims to restore some of its previous features and make it more environmentally compatible with a changing climate.

Some 60 trees, out of about 200 trees, will be removed -- mostly silver maples -- and another 400 trees and shrubs of various species (all native to the region but also compatible with a warming environment) will be planted over the next five years, with one of the main features of the original park being restored: grass footpaths.

The plan is part of a state-driven initiative for communities to create resiliency plans.  The changes at Centennial Park are just one aspect of the countywide initiative. 

Kisha Santiago-Martinez

"This plan presents a comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events," said Deputy Secretary of State Kisha Santiago-Martinez. "By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters."

The draft plan for the park states that it "addresses the role of the park in the ecological network and calls for action in these areas of concern: urban heat island effects, public health, mitigation of storm-water runoff, biodiversity and climate change."

The Centennial Park plan calls for the creation in the park of resilient habitats through the introduction of climate-adaptive native plant communities.

Plants will be selected to provide a tree canopy along with under-canopy tree species, as well as shrub species that support pollinators and wildlife. 

The history of Centennial Park -- at one time known as State Park because of its affiliation with the New York State School for the Blind -- goes back to the 1880s, when Asa Lord, the first superintendent of the school, spearheaded the effort to create a green space with walking paths, ponds, trees, flowerbeds, a bandstand and a gazebo.

The park was deeded to the City of Batavia in 1969.

Over time, many of the features of the park disappeared -- the ponds, the flowerbeds, the bandstand, and the gazebo, and unless you knew where to look, there's little trace of the former walking paths.

David Beatty, a Batavia resident who served on the committee that helped develop the plan for Centennial Park, said there has been a real effort in the plan to both preserve the history of the park and enhance its enjoyment for community members who visit it as the city's primary open green space.

"We'll be removing a lot of trees, but the trees that remain, though, they'll blend in with our new plan," Beatty said. "It's really species driven, ecologically driven. The idea was to reinforce the old historic patterns with the pathway patterns by the vegetation, the trees."

The paths will be grass but maintained so that they're clearly visible.

"It is a key design element to remain with grass," Beatty said. "The idea is to use the maintenance crew, in the summers, to keep the path mowed, so the grass in the paths will be shorter and let the park be visible, let the park grow. Don't mow it. Manage it."

As part of the plan, one of the things that will change is the removal of the golden, red, and orange leaves that fall into the ground in October and November.

The report states:

Rake (or blow) fallen leaves around tree groups to create a mulch bed. Do not mulch fallen leaves with the mower, as this will destroy Lepidoptera eggs laid on the underside of tree leaves (primarily oak leaves). Leaf litter also provides shelter for overwintering adult Lepidoptera and caterpillars in diapause Additionally, leaf litter helps to retain soil moisture and recycles nutrients to the soil. 

County Legislator Marianne Clattenburg noted during her remarks at the press conference that Centennial Park has served in recent years as a hub of community events. At one time, it hosted Picnic in the Park. It continues to host the GLOW Corporate Cup, performances by Batavia Concert Band, a recent Lemonade Stand fundraiser as well as the first pine box derby in the community in decades.  There is also the annual Kiwanis Easter Egg hunt in the park.

"As you can see, Centennial Park is a beautiful resource, but it is also the hub of community gatherings," Clattenburg said. "Resiliency plans such as this are tremendously important, as we recognize the need to plan for the future in order to preserve the treasures of the past."

Beatty said preserving space for community events was a specific point of discussion by the committee.

The problem might be parking.

When there are large events at Centennial Park, attendees tend to park their cars on the grass along Park Avenue even though the entire area is posted "no parking."  

And it's important, Beatty said, that people don't park on the grass because the cars compact the soil, damaging the root systems of the trees and shrubs.

"There will be an effort to change the parking patterns," Beatty said. "The city is going to need to figure that out."

There will also be a cinder path along Park Avenue, as there is now along Richmond Avenue, part of the re-imagined park. That will discourage parking along Park Avenue, Beatty suggested.

To fund the multi-year study and plan development, Genesee County partnered with the non-profit New York Green. The plan was also funded with a $250,000 grant from the NYS Department of State Smart Growth Program.

Click here for a 44-page PDF of the Centennial Park plan. It contains details on the three phases of tree planting and what plants are being considered for the park as well as historical, current, and projected maps of the park.  You can view in more detail the map reproduced as an illustration at the top of this story, which shows what planners anticipate the park will look like when completed.

NY Green has also created a website dedicated to Genesee County's resiliency plan, which goes well beyond Centennial Park.  There you will find a link to the full 454-page report. The 454-page report cites a number of "news" interviews with local elected officials as source material.  The un-bylined "articles" appear on images of paper for a seemingly non-existent news publication, "Changing Times."

A press release from the Department of State about the county's resiliency plan lists these objectives:

1. Flood Management/Emergency Preparedness Strategies:

• Increased communication to residents in flood-prone areas of hazards/risks from weather;
•  Increased inter-municipal cooperation and coordination for warnings;
• Repurposing of acquired flood-prone properties for conservation or recreation; and
• Implementation of flood protection measures.

2. Land Conservation/Water Quality Protection Strategies:

• Implementation of Green Genesee Road Map; protection of riparian land buffers;
• Obtaining development rights to high-quality farmland;
• Increased agricultural Best Management Practices; and
• Proper management of large-scale solar and related battery storage projects.

Resilient Infrastructure Strategies:

• Usage of green stormwater infrastructure and renewable energy sources;
• Accommodation of sizing for culverts for volume and waterway functionality;
• Expansion of tree planting and maintenance;
• Enhanced water supply infrastructure; and
• Protection of power during severe weather.

4. Community Capacity/Public Education Strategies:

• Preparation of a Local Waterfront Revitalization Plan for the Tonawanda Creek area;
• Education on the incorporation of green infrastructure for municipalities and communities;
• Public information on invasive species reduction;
• Native plant use; and
• Promotion of renewable energy and energy efficiency. 

Marianne Clattenburg speaking.

Mark Masse, senior vice president of operations for GCEDC, said among the things businesses looking to locate operations in Genesee County ask about are quality of life issues for employees and what is local government doing to promote environmentally sustainable development.

"Those two questions have taken on a greater significance and importance in today's site selection processes as companies emphasize the well-being of their employees as well as the environment," Masse said. "That is why the GCEDC works so closely with the Genesee County Planning Department and other county and local government agencies on green infrastructure plans, site plan layouts and smart growth principles. The countywide resiliency plan unveiled today looks at preserving public spaces for people to enjoy while also preserving and protecting our water supply and identifying projects to help with the overall environmental quality of our community."

Shelley Stein, chair of the Genesee County Legislature, said, "The resiliency of our valuable land in our natural resources is a hallmark of Genesee County and our dedication to land use planning, and especially as an agricultural community. For instance, one of the goals of Genesee County's smart growth plan is to protect farmland and the rural character of our countryside and maintain the viability of our agriculture. By engaging all sectors of land use planning, desired outcomes and local government partners, including the City of Batavia. It has brought forward a well-thought-out, environmentally sensitive and achievable resiliency plan."

As grateful as GO ART! staff was to have gotten additional funding this year to resume the annual Picnic in the Park, it will only be possible with the assistance of other community organizations to help out, Executive Director Gregory Hallock says.

City Council agreed this year to boost the regular amount of $2,500 to $6,500 to bring back the Fourth of July event at the urging of Councilwoman Patti Pacino. Since the city wanted to approve a transfer of funds from the defunct centennial celebration committee for a resurrected Wing Ding, Pacino said she would only vote for that as long as her fellow council members also approved extra funding for Picnic in the Park. And so they did. 

After seeking various ways to make it happen, Hallock feels it’s just not feasible, he said.

“With funding drying up for both the Ramble and Picnic in the Park, GO ART! and the Ramble Team joined forces last year to put on the Ramble Explore ART! and Music Festival in hopes of keeping an event alive within this amazing community we are part of,” he said to The Batavian Monday. “GO ART! made the commitment again for this year prior to hearing about a possible funding opportunity from the City of Batavia. It was a welcoming surprise when we heard the City of Batavia was willing to help fund Picnic in the Park this year; however, there is no guarantee this funding will continue beyond this year. With the Ramble just three days before July 4th, GO ART! just does not have the capacity and resources to put on Picnic as well.

“We have reached out to numerous groups asking for help, but we have been unable to secure any. We are willing to assist any organization by providing all the files and information needed to put on the event if anyone is willing and able to step up,” he said. “It is estimated that the event in today's dollars costs $20,000 to put on.”

City Council is expected to vote on a final 2023-24 budget during its business meeting on March 13. That includes GO ART! funding of $2,500 to support the arts and $4,000 for the picnic. The group and City Manager Rachael Tabelski were informed that GO ART! was committed to the Ramble and had “declined Picnic in the Park late last week,” Tabelski said.

So what happens to that funding?

“As far as the proposed budget, the line item is still in the budget, council has the option, and may dedicate or reallocate the funding through a budget amendment to general events account or not expend the funds altogether,” she said.

The picnic is not the only event not to make an appearance this year. Assistant City Manager Erik Fix recently announced that the Wing Ding Committee has put a halt on plans for this year’s event, initially scheduled for Labor Day weekend to correlate with a Wings Over Batavia Air Show. There didn’t seem to be enough time to properly map out the event, and members wanted to reconsider a date for the event.

Not all is lost for summertime fun. The Italian Fest will make a second annual return in July, The Ramble Explore Art! and Music Festival will also be happening in July, plus Friday night Jackson Square concerts throughout the summer and other concerts and special events at various downtown and across town venues to check out at The Batavian’s calendar. The air show will be making a comeback Labor Day weekend at Genesee County Airport.

File photo of the virtual 2020 Picnic in the Park during COVID, by Howard Owens.

Click here to view: 334 W Main Street. Batavia.
Click here to view: 117 State Street. Batavia.

The Town of Batavia Fire's banquet Saturday at Terry Hills was more than awards and installation of officers; it was also a celebration of the department's 75th anniversary.

Chief Christopher Strathearn, being sworn in above, began his second term as chief and, in his annual report, said that the department responded to 409 calls in 2022 with 3,309 member responses to those calls for a total of 2,402 manhours by volunteers out on calls.

The department currently has 48 active members.

The 2023 officers are:

• Chris Strathearn, chief
• Robert Hunt, deputy chief
• Paul Dibble, first assistant
• Joshua Boyle, second assistant
• Bryan Mosciki, captain
• Lieutenant, Clayton Gorski
• Paul Barrett, safety officer
• Scott Garlock, president
• Tom Cunningham, vice president, Steve Coburn, secretary
• Don Koziol, treasurer
• Directors: Tim Yaeger, Dan Jacques, Paul Bareet, Gary Diegelman, and William Allen.

Dwayne Fonda Jr., flanked by Strathearn and Garlock, was named Firefighter of the Year.

Tom Garlock, who joined the department 10 years ago, received the president's award.  His father, Scott Garlock, presented the award and talked about the night he and his wife first met; the first hour they met.  They were in the GCC parking lot, and a fire truck went by on its way to a garage fire. Garlock told Lynn, "Let's go," and they followed the truck to the fire. Garlock wasn't even a volunteer yet.

"I think she knew what she was in for," he said.

Both of their sons joined the department, and it seemed like destiny.

"My President's Award this year goes to that little boy who, in first grade, his teacher came up to me and said, Mr. Garlock, your son seems to know an awful lot about fire, the fire department, and fire trucks," Garlock said. "I said, 'how so.' She said, 'Whenever I read stories, and there's a fire truck in the story, your son always corrects me and says, 'no that's an engine,' or 'that's a ladder truck.'"

Tyler Stewart went out on 205 calls, making him the department's top responder for 2022.

Past chief Frank Riccobono was recognized for his 40 years of service to the department.

Dan Coffey became a line officer in 2005.  He served as chief from 2017 to 2021. He wasn't able to attend last year's dinner so his service was recognized on Saturday night.

Town of Batavia Fire volunteers.

Photos by Howard Owens.

It takes a lot of hard work and perseverance to make it in business for 30 years, Guy Clark said Friday, following a ribbon-cutting to celebrate the 30th anniversary of Cedar Street Sales and Rentals in Batavia.

"A lot of it is also being a big part of the community," Clark said.

The celebration also makes another significant transition for Clark, who is taking on the role of being semi-retired, reducing his work hours to Monday, Wednesday and Friday, with his sons Adam and Connor taking on more responsibility for the business.

"They have been over the last few years (taking on a bigger role)," Clark said. "They both went to college and came aboard afterward. They got business degrees. We didn't plan on it. It just happened to work out like that. They're so smart and innovative, and you really have to be these days. You can't wing it like I did forever. You have to be very methodical."

He said he has a lot of confidence in his sons, and all three men work together well.

"It's awesome to have someone to throw things around with, to bounce things off," Clark said. "Now we have a quick little powwow -- what do you think about this -- and we just did that with the Home Show. Will we be in the Home Show this year? We talked about not being in it because it's in the middle of April, kind of late for us.  Just as we stood there, said, What do you think? Well, I'll work, and I'll work. Let's go. Let's do it. So it's fun to have those kinds of decisions instantly."

Photo by Howard Owens.

A balanced offensive attack and strong defense all season wasn't quite enough on Saturday for the Batavia Blue Devils to overcome Newark for the Class B1 title at Blue Cross Arena in Rochester.

The Blue Devils lost 60-55.

Carter McFollins scored 16 points for Batavia. Carter Mullen scored 11, while Mikey McKenzie scored nine and Rashawd Christie scored eight.

To view or purchase photos, click here.

Photos by Steve Ognibene

 

 

New Listing Alert from Reliant Real Estate: 9099 Creek Road, Batavia. They just don't build them like this anymore! This is just a good, quality well built 3 bedroom 2 bath ranch home on lovely lot! The home features spacious rooms and awesome floor plan-so well laid out and it immediately feels homey and welcoming the minute you step in the door! Lovingly and well maintained throughout the years it has a tear off roof put on in 2018 that will come with a transferable warranty as well! Boiler system just serviced and new updated electric panel box being installed as we speak:) It is also already generator ready ! The basement is large and open perfect for additional hang out space or work area. The setting is super picturesque with great country views all around you and yet you are just minutes from town! This home is located in the Alexander School System. There are delayed negotiations until Friday March 10th at noon.

Press Release:

The City of Batavia phone lines to all department have been restored. 

Please be advised that there is a scheduled planned outage of the City phone system on Monday. 

The City is replacing old, end of life office phones with new ones through a contract with Ring Central. 

The anticipated outage time for Monday is 10 a.m. until 2 p.m. 

City offices will still be open and operating during this time, and email is not expected to be affected. 

Press Release:

Currently the City of Batavia phone system is down for all City locations.

In case of an emergency please remember to call 911. City police and fire will be notified about any emergency situations directly from dispatch and will operate as normal. 

Thank you in advance for your patience, and we will keep you up to date with information as we work to get our phones back online.

 

Welcome home to 9003 Wilkinson Road in the desirable PEMBROKE school district nestled on your own private 27.83 acres! High ceilings, natural light and modern spaces are abundant in this 1740sqft 3 bed, 2 bath contemporary ranch. A vaulted ceiling in the living room opens to a modern, newly carpeted loft space with high-quality cable railings. Check out the massive 3-pane window, captivating the striking views of your new property. The primary bedroom has his & hers closets and an impressive NEW master bath with a double vanity and a must-see shower. Find 2 more spacious bedrooms with another NEW full bath that has a gorgeous vessel sink & tiled shower wall. Admire stunning views of your land by relaxing on the forever deck, accessible from 3 different sliding glass doors. Find even more space in the walk-out, finishable basement. Never run out of hot water with this brand new on-demand hot water tank. Have peace of mind knowing this home had a complete tear-off roof done in 2022! A 2.5 car detached garage with a brand new metal roof and a barn are perfect for all your storage needs. Don’t miss the opportunity to check out this one-of-a-kind property! Offers due Wed., 3/8 at 1pm.

Evan Vanskiver Adam Montes

Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.

Evan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. 

That led to more charges, but at arraignment on Feb. 27, the date of all of these events, they were released on their own recognizance. 

It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.

For charges under a certain level, police officers can't bring a suspect before a judge for arraignment. The officers must write an appearance ticket.  And a judge, at arraignment, must set release conditions that are the least restrictive option available. That's the law.

District Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set.  It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date.

"Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail," Finnell said. "I can tell you that prior to bail reform, knowing the circumstances of this case, my office would have requested that bail be set, and we would have been optimistic that our request would have been granted."

Even though holding the defendants in jail after their initial arrest on Feb. 27 isn't a given, Batavia PD Chief Shawn Heubusch does see the case as a failure of bail reform, primarily because no judge was given a chance to make a decision. An appearance ticket was mandatory. 

The incidents involving Vanskiver and Montes began at 4:14 a.m. on Monday when dispatchers received a complaint of a theft from a vehicle on Church Street in Elba.

When Deputy Jeremiah Gechell arrived on scene, two men were spotted. They fled the area.  Deputy James Stack and K-9 Rayzor responded and commenced a search. A short time later, Vanskiver and Montes were located. They were allegedly in possession of a cache of stolen items. 

Both men were also accused of damaging a vehicle on Church Street while trying to gain access to it.

Deputy Travis DeMuth assisted in the investigation.

Vanskiver is 31 with a listed residence of Viking Way, Sweden, and Montes is reported by the Sheriff's Office not to have a residence. Batavia PD place Vanskiver's residence in Brockport and Montes in Hamlin.

In the Elba incident, the two men were both charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, 14 counts of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor.

In pre-bail reform days, not everybody charged with felonies was held.  In this case, however, the extenuating circumstances that a judge could have considered under the prior bail guidelines is that one of the defendants doesn't have a permanent residence and neither is from the local area. 

In an attempt to get a defense attorney's perspective on bail reform and its impact on this case, The Batavian emailed Public Defender Jerry Ader two days ago, and he did not respond.

According to Batavia PD, the two men were released from custody at the Genesee County Jail at 2:15 p.m. on Monday.

They were spotted in the allegedly stolen vehicle at 2:41 p.m. that same day on Ellicott Street near Liberty Street.

A patrol officer chased the vehicle down Route 5 to Wortendyke Road, where Vanskiver managed to avoid spike strips. 

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Further attempts to use spike strips to impede the vehicle were unsuccessful. 

According to a Batavia PD statement, the vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage Dumpster.

Vanskiver allegedly fled on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

They were arrested by Batavia PD and charged with:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

Following this second arrest, Vanskiver and Montes were held pending arraignment in the new Centralized Arraignment Court. They were arraigned later that same day, according to jail records, and ordered released on their own recognizance.

The incident prompted Assemblyman Steve Hawley to call on New York to revisit its current bail law.

“The revolving door of crime that has been established by bail reform continues to hinder and harm law-abiding citizens while giving career criminals a free pass,” Hawley said. “It’s high time for the Majority in the Assembly to help bring an end to this era of crime New York is continually besieged by. To continue to ignore it makes them part of the problem.”

Press release:

The Genesee County Chamber of Commerce is calling for vendors to participate in our 2023 Home Show on April 14,15,16, 2023.  Seeking a variety of vendors:  Home Improvement, Realty, Lawn Equipment, Farm Equipment, Windows and Doors Gutters and Siding, Entertainment, Home Goods, etc.

The Home Show will be held at the David McCarthy Memorial Ice Arena, 22 Evans Street, Batavia.  This 8th Annual event brings together 2,500 people over the course of three days.

Interested vendors will need to return the application and booth fees by March 10th to be included in advertisements. Applications can be downloaded from the Chamber's website at https://geneseeny.com/home-show/ and are available at the Chamber's office, 8276 Park Road.  Space is limited and on a first-come basis. 

Photo: File photo from 2022 show by Howard Owens