batavia

He kind of hates to admit it, but the doom of COVID for most businesses was actually a boon for Empire Hemp Company, Chris Van Dusen says.

“Back then we had hired some employees, and we had COVID hit. So we did a walk-up window for COVID. And it was taking off. So we decided, to survive here we were going to open a store,” said Van Dusen, company founder and CEO. “So we had to let the guys go. And that's how we opened the store. So the store really took off … it was just the two of us doing everything.”

His other half, wife Shelly Wolanske, has been as fully immersed in the business as he has, first with a site on Swan Street in 2019, and a downtown store in April 2020. Van Dusen recently heard of a convenience store about to open with plans for selling cannabis products, and he wanted to clarify how one becomes a legal entity in the ever-growing field of cannabis establishments.

It’s not as easy as hanging up a sign, he said.

First, there’s an official Office of Cannabis Management that operates through the New York State Department of Labor. It regulates everything. That means applications, certifications, inspections, and many administrative hoops to jump through in order to be above board, he and Shelly said.

According to cannabis.ny.gov, the Office of Cannabis Management (OCM) is charged with issuing licenses for businesses to participate in New York’s adult-use, medical, and cannabinoid hemp industries. The OCM is developing regulations that will outline how a person or business can apply for and receive a license in the new adult-use cannabis industry.

The OCM will promote social and economic equity for applicants who have been harmed by the prohibition of cannabis for adult-use licenses, establishing a goal of awarding 50 percent of licenses to social and economic equity applicants, the site states.

Due to the nature of cannabis — more loosely known as marijuana, pot, weed — it has been tough going with those hoops, especially with banks and credit card companies that want no part of the business, Van Dusen said. That has made it tough to get loans and revert to a cash-only operation for sales, they said. And at the opposite end, there are the certified growers.

“We currently are working with, right around 20 growers right now. So we need this. They're calling us every day ever since we got the conditional licensing process, we're on the list,” he said. “There's people who know what they're doing. There's people who don't know what they're doing. So we need to secure our supply in the supply chain to make sure that we can get products to the dispensaries when they are ready to open at the end of the year.”

What? Empire Hemp is not a dispensary? Nope. It is the top-tier guy who does all of those applications to be able to buy, process and then dispense products. The store carries CBD products, made by the extraction of oil from the cannabis plants. As for straight-up cannabis, that will get shipped to a certified dispensary for retail sale.

That extract was priced at $4,500 a kilo in September 2019, and dropped to $500 a kilo by November of that year, he said.

“So our whole business model just went, and then the price just dropped because the supply became so huge because the whole country was doing it,” he said.

“COVID actually was a blessing for us. We would be out of business, because it got us through with those PPP loans to bridge that gap because that's when we said we're either gonna go out of business or we need to open a store, because we need cash, we need to get it; our online sales have dropped dramatically” he said. “We were doing really well. But because of the credit card processing getting canceled… all of our ranking on Google dropped and we've never been able to recover.”

They built the store at 204 East Main St., Batavia, on a “shoestring budget,” and said it’s been well received so far. There are at least 50 different types of CBD oils, lotions, balms and scrubs that have garnered loyal customers with praise for the pain-relief properties, Wolankse said.

So anyone can sell these products? No.

“We have a CBD retail license, and we have a manufacturing processing license so we can sell them. There's a lot of people that carry CBD products and they don't have a retail license. I don't even know if they know they need a retail license,” Wolanske said.

Merchants that are selling cannabis products without the proper license are not registered with the state, and therefore most likely bypassing sales tax payments. The state will be cracking down on these entities to ensure that only law-abiding — and tax-paying — businesses are operating, he said.

What type of licensing do you have?

"Okay, so the first one we got was a retail license for CBD, but that one is for the adult-use cannabis. We got the adult-use cannabis processing and manufacturing license, and then there's the adult use cultivation license," he said. "So we are now a recreational marijuana cultivator as well as processor so we can grow, process, manufacture, and distribute,” Van Dusen said.

Everyone, from the growers to the Empire Hemp facilities, must be inspected for proper documentation, cleanliness, packaging, and hygiene practices, he said. Empire Hemp’s wholesale license allows them to sell products to “the dispensaries when they open up the legal ones,” he said.

He is waiting for more than 800 dispensary applicants to be reviewed and chosen by the state for the first legal dispensary license. Once selected, those applicants will get a choice of a few locations to set up shop. They won’t be able to dictate where their dispensary will be, he said.

For example, an applicant in Erie County may have a choice of being in Batavia or Brockport, but not necessarily in his/her hometown location. The upside is that the designated site will be a turnkey operation, ready to open for business, Van Dusen said.

Working the steps

The state took steps to first license growers, then the processors and manufacturers, and now the final point of retail sale — dispensaries. He, his wife and his silent partner cannot turn their store into a dispensary, since they are the processor, manufacturer and distributor. But they can have someone else come in and, as a legally chosen dispensary, sell cannabis products in the future, he said.

But what about all of these small shops selling cannabis, usually under the guise of selling a sticker or T-shirt that includes up to 1/8 of an ounce of marijuana?

They’re not legal, Van Dusen said. They haven’t jumped through the hoops of applications, certifications and inspections of the product and sales site. Furthermore, the state has not even selected and announced the legal ones yet.

His frustration is not just sour grapes that others are opening more quickly and with less expense, he said, but also about taking the proper steps to sell a safe, quality product as Empire Hemp has done these last three years.

“And consistent products, you know you're getting the same product each time, you're getting a safe product,” he said. “And the growers, before we even get their cannabis, they've got to go through a line of testing. You want to make sure that their cannabis is secure. We can’t even receive it unless it has passed.”

“It's like when I see that it's really upsetting because we've played by the rules, we do everything we're supposed to do to be complicit and compliant with the law, and then these guys just come in and open up the stores like they're gonna make tons of money,” Van Dusen said. “I think it's had an impact on our retail store.”

“So people are trying to do it the right way, they're trying to follow what New York State has laid out. And then you have this whole other group of people that are just doing like this wild, wild west, and they're just doing whatever they want to … I mean, the milligrams in some of these products. I'm surprised these people aren't in the hospital,” he said.

State cannabis law requires that individual packages contain a maximum amount of product, such as 100 milligrams per package. Some stores are selling 500-milligram packages since they’re not inspected, he said.

“These are messing people up, like people don't know what they're getting into,” he said.

Another issue is the packaging, he said. There are packages out there that are clear, which allows UV rays in that can alter the product, versus Empire Hemp’s opaque packaging with nitrogen injected inside to keep the product fresh — for more than a year, he said.

As for smoke shops on the nearby Reservation, those business owners don’t have to legally abide by the same protocols as other New York State owners have to, similar to the sale of tobacco and gasoline products.

Van Dusen said that selling cannabis is not much different than alcohol. Both are legal in the state, however, you can’t just go and open up a shop to sell alcohol. Same with cannabis. And he wants the public to be aware of illegal operations. He visited a shop in Batavia and bought a package of cannabis quite easily, he said. However, he doesn't know where the product was grown and how it was processed, packaged and distributed. It did only contain 1/8 of an ounce. 

“The products that you buy at these illicit smoke shops that are selling what they think is ‘legal cannabis,’ are not,” he said. “Legal dispensaries will be opening by the end of the year, and keep your eye out for Empire Hemp products.”

Top Photo: Chris Van Dusen and wife Shelly Wolanske, owners of Empire Hemp Company in Batavia, talk about the legal requirements for being officially involved in the cannabis industry; Chris shows a package of product he bought locally from what he believes is an illegal dispensary, since the state has not announced the chosen applicants yet. Photos by Joanne Beck.

A man already in prison for child sex abuse will have more time to consider a plea offer on the latest charge he's facing following a court appearance in Genesee County on Monday.

Wesley G. Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

A month ago, County Court Judge Melissa Lightcap Cianfrini rejected a previous guilty plea, entered by Thigpen in May, which would have capped Thigpen's sentence at 13 years.  Members of local law enforcement and the victim's family objected to that prior plea deal.

After reading the Probation Department's pre-sentence investigation report, and considering the letters she received, Cianfrini said the agreed-upon terms of the plea deal were "woefully inadequate."

Thigpen is already in prison on a guilty plea in September 2019. That plea to child sex abuse capped his prison term at four years.

On Monday, he asked for a new attorney, a motion that Cianfrini denied.

He is scheduled to appear in court again at 3:30 p.m. Oct. 24.

Ascension Parish hosted its first Oktoberfest on Saturday in the parking lot of Sacred Heart on South Swan Street in Batavia.

There was beer, wurst, giant pretzels, and traditional German music performed by The German American Musicians.  There was also a basket raffle and pull tabs.  

The event was a fundraiser for the parish.

Photos by Howard Owens.

Press release:

The Genesee County Economic Development Center (GCEDC) board will consider an initial resolution for a proposed $12 million investment by 8250 Park Road, LLC for extensive renovations to the former Quality Inn & Suites and Palm Island Indoor Water Park in the town of Batavia at its board meeting on Thursday, October 6, 2022.

8250 Park Road, LLC would renovate the four-season tourism and hospitality facility’s water park, hotel rooms, lobby, event spaces, water park, and restaurant.  The re-development proposes to create 38 new full-time jobs. The project is estimated to generate $32 of economic activity for every $1 of local public benefits.

8250 Park Road, LLC is requesting sales tax exemptions estimated at $458,400, a property tax abatement of approximately $659,521, and a mortgage tax exemption estimated at $80,000.

If accepted, a public hearing for the initial application would be scheduled in the town of Batavia.

The Oct. 6 GCEDC Board meeting will be held at 4 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive across the street from Genesee Community College.  On-demand recording of the meeting also will be available at www.gcedc.com.

Press Release

The City of Batavia Water Department will be repairing a 6” water main on South Main Street today.  The water will have to be shut down on South Main Street from Roosevelt Ave to Brooklyn Ave.

The length of time the water will be off is unknown.

Traffic will be closed in the area of South Main Street, from Orleans Avenue to Brooklyn Avenue while the repairs are being made.

As always, when the water is restored it may be discolored.  Please refrain from doing any laundry until the water runs clear.

We apologize for any inconvenience and the public’s patience is greatly appreciated.

Press Release

Cornell Cooperative Extension of Genesee County will hold its Annual Meeting and Recognition Breakfast on Oct. 27, 2022, at 8 a.m. at Terry Hills Restaurant, 5122 Clinton Street Road, Batavia.

CCE of Genesee County cordially invites you to join us for breakfast and help us recognize employees and volunteers. Cornell Cooperative Extension friends, volunteers and members of the community are welcome to attend.

Volunteers of the Year Joanna Miller of 4-H, Eric Holliday of Leadership Genesee and Lori Gattie of the Master Gardener program, plus Friend of CCE 2022 Julia Garver will be recognized during this time. 

Please register by Oct. 20 by visiting CCE's website or contacting Yvonne Peck: ydp3@cornell.edu or 585-343-3040, Ext. 123.

Denise Glidden, Karen Reisdorf, Paula Bianchi, Lisa Ingalsbe and Michelle Woodward celebrate the expanded offerings Saturday at Blue Pearl Yoga on East Main Street in Batavia with an open house to introduce new bellydancing classes, sound baths and performances from GO Art! Photo submitted from Genesee County Chamber of Commerce.

Classes are live and can be found HERE. 

Press Release

City of Batavia Fire Department will be flushing fire hydrants on Wednesday, October 5 and Thursday, October 6 from approximately 9 a.m. to 3 p.m. in the general area of south of West Main Street and west of Jackson Street. Homes and businesses nearby will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about five minutes or until clear.

This annual testing is essential to maintain the communities Class III Insurance Services Office (ISO) public protection classification, and to assure that fire hydrants are operating efficiently for fire protection purposes.

Along with maintaining the fire rating, the test monitors the health of the city's water system, identifies weak areas in the system, and removes material that settle in the water lines. Checking each hydrant improves fire department personnel knowledge of the hydrant locations.

If you have any questions, or should notice a hydrant in need of repair, please contact the Fire Department at 585-345-6375.

Saturday was not just the beginning of a new month, but also a ‘fresh’ start for a new restaurant venture inside of Eli Fish Brewing Company.

Her nearly two decades of cooking, more than three years of catering, and popping up at various summer events have propelled Dannielle Lumpkin into her own niche as Mama Dee’z Kitchen at 109 Main St., Batavia.

“We did a test run yesterday where we did a soft opening, and that went very, very well. Just learning the ins and outs, from catering to being a restaurant owner, is a big, big difference. But we've had a lot of support from our kitchen staff here, the head chef here, Sam has been very helpful. Matty has been very helpful with anything that I needed to know. And it's just a learning experience. I'm very excited for what the future holds for us,” Lumpkin said during her grand opening Saturday.

“So right before COVID we had started the process of looking for a building, and then COVID was here. A lot of it was really rough. And so once things started getting better, it was that time, I felt, for me to try to find something to open up with. Batavia doesn't really have a lot of diversity when it comes to options for food, and I wanted to be able to bring that to Batavia. So I think that this is going to be a staple in Batavia, because we can offer a different choice of food from different cultures.”

As friends and family poured into the back area where Mama Dee’z is located at Eli Fish, Lumpkin and her staff of family members pulled golden brown fried chicken from a pan to serve. Her specialties are jerk-laced meats, homemade sauces, Caribbean and soul food flavors, but with an expansive menu that also includes a shaved ribeye steak, mixed cheeses, peppers and onion wrapped in an egg roll wrapper appetizer, Caribbean alfredo pasta with chicken or shrimp, macaroni and cheese, sweet bread, and a chicken wing dinner.

The Batavia resident had her eye on Eli Fish some time ago, since it has already served successfully as incubator space for three others, including Eden Cafe & Bakeshop, Eat Well Grill and Matty’s Pizza. The incubator concept was first developed in the late 1950s at Harvester Center in Batavia, and has been a more recent venture for downtown. Lumpkin had to purchase her inventory of food and supplies, however, the kitchen was ready to go with equipment and appliances.

It would have been much more cost prohibitive for her to do it all on her own, entrepreneur and Eli Fish co-owner Matt Gray said.

“It's a second generation restaurant coming in, she's coming into the spot that Eden cafe was in, and successfully transferred over into downtown Ellicott Street and Liberty. So it's great to also offer the same space again to another entrepreneur/restauranteur to add to the business here. Because of the menu, diversity always helps,” Gray said.

“For a very, very small amount of money upfront, they're able to come in and really go after their dream, where normally would cost upwards of more than six figures, to buy your equipment and everything that you need to get stocked up. Here, it's really very minimal," he said. "And they're able to come in for a shorter period of time, work out what their business plan is, work out what kind of food they really want to serve, what their guests are looking for, and hopefully make that leap to another brick and mortar location on their own.”

Lumpkin has signed a deal for six months, and will be open the same hours as Eli Fish: 11 a.m. to 9 p.m. Monday through Thursday and 11 a.m. to 11 p.m. Friday and Saturday.

While preparing for the big day of ribbon-cutting and celebrating her dream come true, Lumpkin served her food to Eli Fish staff, which was “fantastic,” Gray said. It adds “another level of service” for the brewery, he said. And while the Lumpkin family, which includes husband Myron, continues to strengthen their business, Gray and other staff members are available for advice, suggestions and feedback.

“We work together as much as we can,” he said.

Business Improvement District Executive Director Shannon Maute and Chamber of  Commerce Interim Director Tom Turnbull were also on hand with congratulations and praise for adding another establishment downtown.

“This really evolved out of the Fresh Lab experiment they did a few years ago where we had a couple of successful restaurants come out of here … And this is just the next extension," Turnbull said. "I had a chance to meet with Dannielle and Myron, and the food looks fantastic. I can't wait to try it. It's something unique and I think that brings a different flavor, no pun intended, to downtown Batavia and Genesee County. It's great to see another restaurant open up. And it's such a great opportunity here to do it as an incubator restaurant where you don't have all the expenses of a full-blown restaurant, but you can learn, and under Matt Gray, take advantage of that.”

Maute has gotten to know Dannielle and has learned of her determination, energy and creative culinary skills. Not only has Dannielle now placed another restaurant on the downtown map, but she has joined BID committees and is “a great addition to BID,” Maute said.

“I’m just here to support Danny and her adventure … This is huge for BID, it is something so different. We've never had it before, and to have this quality of food and the style of food is going to do really well. Batavia really is changing, and this just goes with the times,” Maute said. “And now you can come downtown and get different food, and you're not getting the same cookie-cutter food. Eli Fish was one of the first people that did that with their different style of foods. So Mama Dee’z fits right in with the different style of foods. She's determined she's going to do well. I have no doubt that she's going to really do well here and then, eventually, we'll help her get into a brick and mortar.”

For prior coverage:

• Giving Italian Fest a little jerk  
• Eli Fish makes room for a little soul 

Top Photo: Dannielle Lumpkin, with husband Myron, and their family, celebrate the ribbon-cutting of Mama Dee'z Saturday inside Eli Fish Brewing Company at 109 Main St., Batavia; Dannielle gets ready to serve up some chicken; showing off the new Mama Dee'z logo. Photos by Joanne Beck.

Once again, the annual Wine Walk in Downtown Batavia, sponsored by the Business Improvement District, was a sellout.

This year the theme was "dead celebrities."

Which dead celebrities can you spot in the photos?

For more photos and to purchase prints, click here.

More than 420 people participated in this year's Walk to End Alzheimer's.

The walk's chairwoman Kim Arnold said when the final tally is completed, the walk will have raised more than $80,000, exceeding the goal of matching last year's total of $75,000.

The funds are used to support patients and caregivers locally as well as contribute to Alzheimer's Association research treatments and cures for Alzheimer's.

There are more than six million Alzheimer's patients in the country who are helped by more than 11 million unpaid caregivers.

The Friends of the Rink held a scrap drive fundraiser on Saturday as part of the Open House weekend for the David M. McCarthy Memorial Ice Arena on Evans Street.

Previously: New management hosts David M. McCarthy Memorial Ice Arena open house this weekend

Top Photo: Steph Call, Pete Corbelli, Steve Pies, Bob Gray, and Sharon Gray.

Photos by Howard Owens.

The Blue Devils scored six unanswered touchdowns on their way to a 42-0 rout of Pal-Mac at home on Friday night.

Vincent Arroyo scored three times and Cam McClinic, twice --  Arroyo on receptions of 12 and 58 yards and a 79-yard kickoff return and McClinic on runs of seven and three yards.

QB Javin McFollins was 7-11 passing for 134 yards, two TDs and one interception.

McClinic rushed 14 times for 92 yards. Arroyo had three receptions for 86 yards.

On defense, Garrett Schmidt had 11 tackles, Meki Fortes, six, and Cooper Fix and Carrier McFollins, five each, with both Fix and McFollins snagging pickoffs.

To view or purchase photos, click here.

Photos by Steve Ognibene

Members of the 2022 batavia Athletic Hall of Fame Class will be inducted tonight and was recognized at halftime

The Senior Class of 2023 won the Homecoming Spirit stick award

UPDATED at 3:43 p.m. with a quote from the police chief.

Batavia police officers have arrested a suspect in a shots-fired incident reported in the area of 200 Ellicott St. on Friday evening.

Tarrence Y. Williams, 22, of Batavia, has been charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor.

He was arraigned in City Court and jailed on $50,000 bail.

There has been no report of anybody injured as a result of gunshots in the area.

Chief Shawn Heubusch praised the actions of his officers.

"Officers responded quickly to this incident and were able to almost immediately identify a suspect," Heubusch said. "Working in conjunction with our partner agencies, the officers were able to bring a swift resolution to this incident and keep our community safe.  They are commended for their brave actions in the face of what was a very dangerous situation."

The incident began with a report of gunshots at about 6 p.m.  Witnesses reported seeing a male walking nervously with what appeared to be a gun on his person.

A man matching the description provided was spotted by Sgt. Dan Coffey walking on the Ellicott Trail a short distance from the incident location. When Coffey attempted to stop the individual for an interview, the man fled on foot and Coffey chased him from Evans Street to Court Street.

In the Court Street parking lot, the man discarded identifiable clothing and officers believed he discarded a firearm in the area.

Additional officers responded, including deputies and a trooper.

Williams was located and taken into custody and then officers, with the assistance of Batavia firefighters, searched the area, including the roofs of nearby buildings.

A short time later, a weapon was located under a bush next to the walkway between the Key Bank drive-thru ATM and the M&T Bank branch.

Williams recently entered a guilty plea in County Court to a charge of attempted criminal possession of a controlled substance 3rd -- a charge that indicates prosecutors believe he possessed enough of a controlled substance that he intended to sell it.  He is awaiting sentencing on that conviction.

Anyone with information about this incident is asked to contact Detective Ivison at (585) 345-6312 or email JIvison@batavianewyork.com.

Previously: Man runs from police, gun found, and officers are seeking details about incident on Court Street

Top photo by Howard Owens.

On Aug. 10, business owner Rob Credi was happy and thankful to be celebrating the two-year anniversary of Pub Coffee Hub at Harvester Center.

That is, until he saw a road crew tearing up the street alongside of his thriving coffee shop. That date now marks the beginning of an agonizing blow to the clientele and successful business that Credi had built up those last two years. While other road projects have seemed to move along swiftly, Harvester Avenue has lagged behind as a bumpy, torn up hindrance to motorists and the businesses they're trying to visit, he says.

“Look at the other streets; they’re milled and ready to be paved. Our street is a graveyard of a street; it’s not drivable, there are potholes, lots of cement. On Aug. 10 they started digging, and three to four weeks later they never touched anything," Credi said during an interview with The Batavian. "I spoke to the contractors who dug it up, and they were going to come back. I’ve seen a significant drop in business. It’s the planning, execution and the quality of work that’s got my blood boiling.”

Slow work zone
It pains him to think about the lost revenue -- "you know, money that should have been coming in." 

"I'm gonna write that off, I'm never gonna see those dollars, it's just a lost cause. So really, my focus is just, however long this is gonna take, can we clean up the road and make it more serviceable for customers ... and maybe put a little fire under their butts to make it more of an urgent project to try to finish, kind of minimize the danger of moving forward."

After being patient for more than a month, Credi finally reached out to City Council and management.

“The purpose of this e-mail is to bring to your attention the devastating effect the current Harvester Ave. roadwork project is having on businesses, specifically Pub Coffee Hub. It is my understanding that this has been a project in the works for a couple of years. I have been a tenant in The Harvester Center since August of 2020 and from that date until August 10th of this year was not once invited into a conversation regarding the project and the inevitable consequences my business would suffer because of it,” Credi wrote in an email to council members and City Manager Rachael Tabelski. “If not for the good fortune of having a direct line to the new Director of Public Works, we would have been 100 percent in the dark about everything at that point. Let's not forget the 2-3 days where Harvester Ave. was completely blocked off at Main Street. How do you think businesses on our street did that day? Does anyone care? Yes, there was a surprise pipe issue needing immediate attention. What wasn't a surprise was, yet again, zero communication from the city and zero plan to address those that depend on the availability of traffic down the road while it was being repaired.”

When talking to The Batavian, Credi shared concerns about the business he has lost so far — a 42 percent dip in revenues, and that was after experiencing growth of nearly 35 percent this last year. A big sticking point for him is the seeming lack of thought about the actual entities on Harvester Avenue as plans were made for the road project itself. This week alone, contractors dug a ditch directly in front of a parking lot across the street, and posted a sign announcing the road was closed to all except local traffic.

“And at no point did anyone reach out to any of the businesses in the harvester center, or even a building manager to address 'hey, here's what's gonna be happening, here's what's happening.' Obviously, this is going to affect your businesses,” he said. “It would have been nice of them to be proactive and say, here's what we propose we can do to help alleviate some of that stress, or solicit feedback from us on ‘what we can do to make it less debilitating to businesses while it's going on.’ So that's the one issue that they had plenty of time to address. They never did.”

Untimely timelines
His plea reaped some sympathizers, as council members John Canale, who owns a drum studio at Harvester Center, Patti Pacino and Tammy Schmidt, who represents that area’s Sixth Ward, agreed that it wasn’t a good situation. Tabelski responded with an outline of work to be done in the city, including Harvester Avenue.

Tabelski had spoken to Department of Public Works Director Brett Frank, and “learned that he has been communicating with you and the owners of the Harvester Centre on a regular basis to keep you updated on the construction project,” she said in an email to Credi, adding that Frank will continue to provide updates and “we are hopeful that we can get the street project completed as soon as possible.”

She and others walked along Harvester recently and found deteriorated concrete base pavement that has turned to rubble, and the area will need to be replaced with concrete base pavement prior to any paving being done, she said to Credi.

The Batavian also reached out to council members and Tabelski. The city manager replied with a timeline and scope of the Harvester project. “The project continues to progress and the City is hopeful that the Harvester Ave. project will be finished by December 14th or sooner,” she said.

So that means it could be done anywhere from one to three months from now. Credi had not been given that date, however, he was told that contractors had up to six months to do the necessary work. But he certainly didn’t think it would take that long, he said.

“The City is not looking to put any undue burden on businesses or residents along Harvester Ave. and we are very optimistic that the new street will be a tremendous improvement,” Tabelski said. “We appreciate the patience across the city as we have been able to resurface many streets during this construction season.”

Schmidt responded to The Batavian's call for comment texting that she would send an email when she was able. Bialkowski's reply referred the matter to the city manager since it's "a contractual" issue. No other council members responded. As part of city protocol, council members approve resolutions, contracts and projects related to city business.

Undue burden
Credi and fellow Harvest Center business owner Sarah Jones understand that road work has to be done. But they both question the length of time it has taken so far, and especially the condition of the road while they wait for completion.

“People have been complaining, bigger groups that come in, they're just like ‘I couldn't find a place to park, I couldn't even get down the road at some point.’ It's impossible to get through,” said Jones, co-owner of Game of Throws. “And we came in one time, and we couldn't even figure out where to turn around and go back the other way to go on the back roads to the back of the building. It's really frustrating. And they said they have six months to do it in. Why can't  they do it in one month, or this is going to take up to six months? Our whole busiest season is the winter.”

Jones has observed work crews doing something one day, followed by three weeks of nothing. And when they have returned they “make it worse,” she said, and “dig a big hole.”

Paving the way
While Credi doesn’t want to be “that angry guy” who raises a fuss over this situation, he has felt pangs of anxiety and worry about how long he can sustain his business. He employs four people who only work for him. He doesn’t want to lay them off until conditions improve, and definitely doesn’t want to close his shop. He suspects that other areas of Batavia wouldn’t be dealing with this.

“Because I do often feel like, over on Harvester Avenue, we don't really get much attention. Obviously, we're off Main Street, so we don't get the main attraction,” Credi said. “But also in terms of the city's outlook, they really only seem to be concerned with the downtown district, understanding that's where the majority of the businesses are, that's where they get, you know, grants and funding for to improve.”

Credi appreciated the words of support from the three council members, and Schmidt’s comment that all businesses in the city should have equal importance, he said. He looks forward to the future development of Harvester Center and hopes that “we’ll still be around” when it gets going.

Tammy Hathaway, director of Batavia Development Corporation, enjoys spending time at the Center and drinking a Monica coffee at the Pub. She has tried to draw attention to the city’s eastern site through online postings, she said, and raise awareness of all that’s over there. The Center houses 75 businesses, including One World Projects, Vintage antiques, House of Bounce, The Brick Enrichment Center, Hodgin's Printing, Hitter's Hideaway, plus artists, a dental lab, environmental testing and several other ventures.

“I’ve been trying to really focus on the business piece of it; it’s one of my favorite spots,” she said Friday. “I’m trying to be a good steward for the businesses … giving every little bit of extra attention I can give. My biggest goal is to make people aware, and to say brave the storm and continue to visit those businesses.”

The Batavian asked if there was any type of financial recovery funding for the commerce lost so far, and didn’t believe there was anything available. Meanwhile, Credi will be playing “the numbers game,” he said, remaining open as long as he can cover payroll. When those numbers dip even lower, however, he’s not sure what he will do.

“I’m not the person who tries to complain, to make a big deal out of everything. But this project needs to be done,” he said, reflecting on how things had gone up to this summer. “It’s finally paying off, all the hard work, the business is thriving, we’re absolutely crushing it. I couldn't be happier. And I didn't expect the drop-off, obviously, once the construction came. We have established ourselves to what I believe is, you know, the pre-eminent independent shop in a town that's flooded with Dunkin Donuts, and Tim Hortons, and just another Starbucks coming, it's not easy. And I get why we're suffering because it's so much easier for all these customers to just hit up one of the other 10 coffee shops versus trying to navigate down Harvester Avenue.

“Traffic itself is almost nonexistent. We are getting primarily people from the building and our hardcore regulars. But honestly, what's carrying this right now, it’s just delivery. We do it through DoorDash … even before it was about 20 percent of our sales. Now, it's probably like closer to 25 to 30, which is great because it's bringing in revenue, but it also costs me a lot to pay their commissions to operate our delivery service,” he said. “Because we had such an amazing year up until that point, we've been able to kind of carry it through now. Right now we're not operating at a loss on a daily basis. If, in the next couple of weeks, we start to dip into the negatives, we're losing money … I’ll probably have to revisit what my plan is.”

Top Photo: Rob Credi, owner of Pub Coffee Hub at The Harvester Center in Batavia, would like contractors to speed up progress on Harvester Avenue, as construction so far has damaged his sales and related revenue; and above, a ditch in front of the auxiliary parking lot, rendering it useless for potential customers; and ongoing construction. Photos by Howard Owens.

Press Release

The City of Batavia Water Department would like to inform residents to be on the lookout for a lead-related service flyer in the mail along with their water bill.  In accordance with the EPA’s Lead and Copper Rule Revision, the City must develop an inventory of the material of both the public and private portions of each service line in the City’s water system.

The City wishes to reassure its residents that the water is safe to drink.  An effective corrosion control procedure is used to reduce the possibility of lead existence in City water.  Regular testing yields levels that are consistently lower than the EPA action threshold for lead. 

Residents’ participation in developing this inventory is greatly appreciated.

A copy of the flyer can be found on the City of Batavia’s website 

                                                                                

Press Release

The City of Batavia Fire Department will be flushing / testing fire hydrants on Monday and Tuesday 10/3 10/4 from approximately 9 a.m. to 3 p.m. in the general area of North of Main Street and East of Bank Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about 5 minutes or until clear.

This annual testing is essential to maintain the communities class III Insurance Services Office (ISO) public
protection classification, and to assure that fire hydrants are operating efficiently for fire protection purposes.

Along with maintaining the fire rating, the test monitors the health of the city's water system, identifies weak areas in the system, and removes material that settle in the water lines. Checking each hydrant improves fire department personnel knowledge of the hydrant locations.

If you have any questions, or should notice a hydrant in need of repair, please contact the fire department at 585-345-6375.

The police have the gun.  They have a man in custody who was located in the area of the gun. 

He's a man who apparently ran from Sgt. Dan Coffey on Evans Street to Court Street after Coffey and other officers responded to a report of shots fired.

Everything else is a mystery.

"We got the gun. We've got the guy. Now we've got to work backward," Coffey said Friday evening while on Court Street.

As for the report of shots fired, Coffey said there is no specific location associated with the shots based on reports received by police.

It's unclear at this early stage of the investigation, Coffey said, if the man taken into custody will be charged with any crime.  The police are still gathering evidence.

Coffey chased the man from Evans to Court, where he was tackled and taken into custody.  Additional officers arrived on scene, including deputies and troopers, and they commenced a search of the area to try and locate a gun that may have been on the man.  

City Fire was requested to assist with ladders so that police officers could climb onto nearby rooftops to look for a possible gun.

An object believed to be a gun was located under a bush between the Key Bank ATM drive-thu and M&T Bank.  The object was left in place while officers waited for detectives to arrive on the scene.

Coffey said more information will be released when it is available.

Photos by Howard Owens