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Students named to SUNY Morrisville dean's list

By Press Release

Press Release:

SUNY Morrisville recently announced those students who were named to the Dean's List for the Fall 2023 semester. To be named to the Dean's List, a student must achieve a 3.0 to 3.99 grade-point average for the semester and complete 12 credit hours.

  • Cameron Clark of Batavia
  • Grayson Erion of Byron 
  • Ayden Riggi of Le Roy

Local members of Democratic Socialists protest war against Hamas in Gaza

By Howard B. Owens
palestine protest batavia
Photo by Howard Owens

Calling for an end to U.S. funding what they term "genocide" in Gaza, members of the Genesee County Democratic Socialists of America conducted a protest Saturday outside of  Batavia City Hall.

"A lot of people died, a lot of people are displaced," said Logan Cole, secretary for the group. "It's not only that, but they can't come back, they have nowhere to go. The rates of death, especially the death of children, rival that of historical incidences of genocide, including the Armenian Genocide and even some of the concentration camps back during the Holocaust."

Asked for his views on Hamas, Cole said, "Their tactics are not ones I support, but it is very difficult whenever you are held in an area, in an open-air prison, and I think historically, violence has become something that is sort of inevitable when you're putting so much pressure on a particular population."

Asked if Israel shouldn't defend itself against terrorists, Cole said, "I disagree with the characterization of terrorists. I don't think the word terrorists has a place in the discourse. I don't think it's appropriate. It's like, you know, the difference between Hamas, which has killed thousands of people, and the IDF (Israel Defense Force), which I also don't consider terrorists, which has killed tens of thousands of people, where their violence is sanctioned by the state. To me, that's a minor point. I think that I hope for a ceasefire. I hope to end funding the atrocities being committed against Palestinians and, eventually, a free Palestine that is pluralistic and democratic."

After the protest, Cole emailed The Batavian the text of a statement he made later in the day during the protest.  Here is the full statement:

So much of the discussion surrounding the genocide of Palestinians in Gaza is designed to derail conversation about atrocities being committed against Palestinians or prevent one from being sympathetic to those in Gaza. One of the rhetorical devices that has been frequently employed in the propaganda and conversation surrounding Palestine is the thought-terminating cliché. A thought-terminating cliché is an overused piece of language that is intended to stop an argument or conversation, rather than give it the attention it deserves.

For example, the word “terrorist” and the concept of terrorism are often used to try to halt discussion of Palestinian losses so people do not become sympathetic to them. At times, the Israeli media would take the figures of Palestinian casualties provided by the Gaza Health Ministry and say that all of them were terrorists — for example, Israeli news sources would say instead of 9,000 Palestinians killed (many of which were literally children), “9,000 terrorists eliminated.” As far as I’m concerned, the word “terrorist” has no place in the discourse about Palestine.

Sometimes, an important problem is marginalized because it is cynically deployed as a thought-terminating cliché. Bigotry against Jewish people has been a huge problem, as we recently saw at the Unite the Right rally in Charlottesville and the synagogue shootings in Pittsburgh and Jersey City. Lately, speaking out against the atrocities committed against Palestinians and the Zionist (right-wing, nationalist) ideas that underpin them by groups like Jewish Voice for Peace and initiatives like BDS, has been deemed by some, including the Anti-Defamation League (the ADL), as “antisemitic.” Zionism is not Judaism — indeed there are more Zionist Christians in the United States than there are Jewish people in the world. Declaring an anti-Zionist statement is antisemitic solely on that basis is itself a form of anti-Jewish bigotry because it associates the entirety of Jewish people with the modern form of Zionism, which takes much of its inspiration from atrocious ideologies like Manifest Destiny and eugenics, which themselves were used to justify other genocides. Conflating anti-Zionism and anti-Jewish bigotry through the use of the term “antisemitism” takes attention from the real acts of hate and violence being committed against Jewish people every day. The use of antisemitism as a thought-terminating cliché hurts both Jewish and Palestinian people.

Ironically, perhaps the most commonly used thought-terminating cliché is the idea that the subject is complicated, complex, or that it requires nuance. Nothing ends a conversation or stops someone from asking questions faster than saying a situation is complicated.

The fact that there is a genocide in Gaza is not complicated:

  • More than 25,000 dead (more than 10,000 of them children)
  • More than 60,000 wounded
  • More than 7,000 trapped under rubble
  • More than 100 times as many children die everyday in Gaza than in the Ukrainian conflict zone
  • More than 1.9 million people have been displaced in Gaza — that’s more than 85% of the population
  • Only 5 doctors remain in Gaza
  • 83 out of ~1,000 journalists in Gaza have been killed (more than 8%)
  • More than 7,000 Palestinian political prisoners detained
  • More than 70% of homes have been destroyed in Gaza
  • 95% of those facing starvation in the world are in Gaza right now

It’s not complicated. We can’t stop thinking about Gaza. There needs to be a ceasefire, a halt to all US support for the military exploits against Palestine, no further Israeli settlements on Palestinian land, and a free Palestine from the Jordan River to the Mediterranean Sea.

palestine protest batavia
Photo by Howard Owens

GLOW YMCA official updates Batavia Lions membership on remodel progress

By Press Release
2024-1ymca-josh-speaker.jpg
Submitted photo of Ron Metz (left), president of Lions Club of Batavia, and John Bender, executive director of the GLOW YMCA.

Press Release:

Lion Ron Metz, president of the Lions Club of Batavia, welcomed Josh Bender, executive director of the GLOW YMCA, who updated club members about YMCA's progress with the ongoing Healthy Living campus project in downtown Batavia. 

The director noted that it started six years ago when a casual group of people had an initial discussion about proposals of remodeling locker rooms. With time, the ideas morphed into a $30 million project shared with Rochester Regional Hospital. 

The grand opening is projected for the fall of this year, with most of the glass enclosure facing Main Street nearing completion. Josh noted three-quarters of the new 80,000-square-foot facility will be occupied by YMCA programming and have children, teens, and multipurpose rooms, as well as the gym, workout rooms, and traditional “Y’ spaces. 

The new project has plans to employ 200 full- and part-time staff, and membership is projected to be 4,000 or more.

Three students named to SUNY Morrisville dean's list

By Press Release

Press Release:

SUNY Morrisville recently announced those students who were named to the Dean's List for the Fall 2023 semester. To be named to the Dean's List, a student must achieve a 3.0 to 3.99 grade-point average for the semester and complete 12 credit hours.

  • Stenyah Pierre-Louis of Batavia
  • Wittlinger Bates of Byron
  • Stephen Hughes of Le Roy

 

Batavia and Notre Dame meet in Hoops for Hope Tournament at GCC

By Howard B. Owens
batavia notre dame hoops for hope

Batavia and Notre Dame faced off against each other in both Girls and Boys Basketball in support of a good cause at Genesee Community College.

The Hoops for Hope Tournament benefited the Michael Napoleone Memorial Foundation.

The Notre Dame girls won the first game 29-24. For the Irish, Sofia Falleti scored eight points and had five rebounds. Emma Sisson scored seven points and had 17 rebounds. For the Blue Devils, Isabella Walsh scored 15 points.

In the nightcap, Batavia beat Notre Dame 53-49. Carter Mullen led the Blue Devils with 17 points. Casey Mazur scored 12 points and Gavin White and Justin Smith each scored eight. For the Irish, Jaden Sherwood scored 20 points.

Photos by Pete Welker.

batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
batavia notre dame hoops for hope
Submitted photo.

GCC History Club begins the Historical Horizons lecture series Feb. 7

By Press Release

Press Release:

The Historical Horizons Lecture Series is set to make a return in Spring 2024, presenting a captivating lineup of four Wednesday lectures at Genesee Community College, sponsored by the GCC History Club.

The lectures, scheduled to take place at GCC's Batavia Campus in the Conable Technology Building, Room T102 at 7 p.m., promise to offer a diverse range of topics that appeal to both history enthusiasts and the general public. All lectures are free of charge, underlining Genesee Community College's commitment to providing accessible educational opportunities to the community.

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Photo of Cory A. Norling, courtesy of genesee.edu.

The series kicks off on Feb. 7 with a lecture titled "'Opera Was Not Written for New York Alone': Circuit Chautauqua, English-Language Opera, and the Making of an American Middle, ca. 1910-1930." Renowned scholar Cory A. Norling, PhD Musicology, will delve into the rich history of the Chautauqua Movement and its impact on the American Midwest, exploring the role of staged opera as a cultural bridge.

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Photo of Jess Maxfield, courtesy of genesee.edu.

Following this, on March 6, historian Jess Maxfield will present "The Cautionary Tale of Encephalitis Lethargica: Epidemic Disease and Historical Memory." Maxfield will shed light on the encephalitis lethargica epidemic of the early 20th century, drawing parallels with the ongoing conversations surrounding global pandemics.

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Photo of Derek Maxfield, courtesy of genesee.edu.

April 3 brings us to "The Worst of the Worst: The Story of the Confederate POW Camp at Belle Isle in Richmond During the Civil War" by Associate Professor of History, Derek Maxfield. The lecture promises a compelling exploration of the Belle Isle camp, challenging popular perceptions about Civil War prisoner-of-war camps.

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Photo of Victor Vignola, courtesy of genesee.edu.

The series concludes on May 1 with a book talk by Civil War Historian Victor Vignola titled "Contrasts in Command: The Battle of Fair Oaks, May 31-June 1, 1862." Vignola's award-winning work on the Battle of Fair Oaks offers a fresh perspective on this pivotal moment in Civil War history.

Genesee Community College invites the public to join them for these enlightening lectures, providing a unique opportunity to engage with historical topics and esteemed scholars. Mark your calendars for an enriching experience at the Historical Horizons Lecture Series this spring.

For more information, please contact the Office of Student Engagement and Inclusion at sei@genesee.edu.

Town of Batavia Republican Committee sets endorsement meeting for Wednesday

By Press Release

Press Release:

The Town of Batavia Republican Committee will hold its Endorsement Meeting on Jan. 31 at 7 p.m. at The Batavia Town Hall.

Anyone interested in being considered for said Republican endorsement for Batavia Town Clerk should send a letter of interest & Resume to shawley@smhawley.com no later than Jan. 30 at 5. p.m.

Council members take deep dive into numbers and mull issues for future change

By Joanne Beck
Shawn Heubusch, Erik Fix, Tammy Schmidt
Batavia City Police Chief Shawn Heubusch, left, Assistant Manager Erik Fix and Councilwoman Tammy Schmidt of Ward Six take part in ongoing budget talks Thursday night at City Hall. Council is expected to adopt a budget by the end of February, followed by a public hearing and a final vote on the 2024-25 plan.
Photo by Joanne Beck

Whether it’s $4,000 or $55,000 and larger, City Council members have financial decisions to make either with this year’s budget or those in the future on items big and small, ranging from fireworks at Dwyer Stadium to the city’s technology plan and beyond.

The group has been delving into the numbers line by line the last two weeks, getting department updates about equipment, vehicle, personnel, building, property, and infrastructure needs, future projects, and those in progress, asking questions, and getting the full picture of reality for the city of Batavia. 

“It probably sounds overwhelming, everything we’re telling you, but it’s our job to be completely honest with council on what we’re facing here as employees," Human Resource Director Rebecca McGee said during a conversation Thursday evening about information technology. "And one of the biggest things we face, one of the biggest hindrances we have, is information technology and doing our jobs, and trying to make things work the right way.” 

Apparently, things haven’t been working very well with the city’s contract for monthly maintenance with AIS. Assistant City Manager Erik Fix, who was admittedly sort of pegged as the surrogate IT guy in the absence of someone being on-site full-time, he said, reviewed the plan, which provides a person to visit on-site once a month and perform installations. 

As for handling those day-to-day technical issues, much of that has fallen to Fix and other city staff. Police Chief Shawn Heubusch and his department staff have had to consistently address issues themselves, he said.

“I just pulled up our spreadsheet, we have over 30 computers at our office alone,” Heubusch said. “That is immensely time-consuming when we have to deal with any of the problems. The investment that we have with AIS, although great, it is not enough. I have an officer, a detective actually, on staff who fixes our computers when they’re broken or installs a new program because something broke. That’s a waste of his time and his energy.”

He also mentioned the surveillance cameras, which are great when fully operational, but when they break down, it takes city public works staff to retrieve them from a pole and then someone to make a repair so that they can resume their function on city streets, he said. 

AIS serves a function; it’s just not enough, Fix said. 

“They manage and maintain all of our servers, they manage and maintain all of our equipment,” he said. “It’s that troubleshooting piece, that hands-on piece that Shawn’s talking about. It’s just a constant, constant battle to keep that up and running and avoiding probably doubling or tripling our fees and ask them to have somebody here. We’re managing bare bones.”

Another glitch in the city’s older-fashioned system is the need to do some timesheets manually, McGee said. 

“Do you know we all still do our timesheets by paper?” McGee said as the room went silent. “When we’re thinking about IT, it’s the time-savings of taking 36 timesheets and entering them. When we’re trying to weigh out the costs, it’s the time savings and the cost savings.” 

Fix suggested a 10 percent increase for both the AIS piece and software cost, for a total of $71,500. In this next year’s budget, AIS alone would be $55,000, which prompted Councilman David Twichell to suggest considering dropping the maintenance service and hiring an IT person. If full-time, however, there would be expenses of benefits and retirement costs to be considered.

The city has pulled back on community celebrations spending, reserving $4,000 from last year potentially for a request from Batavia Muckdogs owner Robbie Nichols for fireworks, which is where it went after GO Art! Announced that there wasn’t enough staff and volunteers to pull off the former Picnic in the Park event at Centennial Park on July 4. 

"Last year Council allocated funds to do a fireworks celebration at Dwyer with those funds. I did not add that in there. But I did get a request as we were walking into this meeting from Robbie Nichols. So if you'd like that, I have a written request for that," she said. "We did, however, get a letter from the Holland Land Office Museum asking for support. So I did add that into the budget, but it's certainly something Council can review."

There’s $2,500 slated for both GO Art! And Holland Land Office Museum.

Councilman Bob Bialkowski supported a contribution to the West Main Street museum, he said. 

"They are remodeling and painting, they’re closed for a month, they’re setting up new displays, they're going to be entering into an expansion project from the west side of the building, a major expansion … and doing some major work on the building too,” he said. “This small amount of support from the city really means a lot to him, and I think so many city people use it, you know, the schools, I think it’s a great educational tool.”

City staff participates in the Memorial Day parade, Christmas in the City and Veterans Day, with corresponding investments, for a total of $13,500 for community celebrations.

The city also has $12,500 for a hot water tank and $20,000 for seating repairs earmarked from reserves for Dwyer Stadium. There’s a need to improve a section of seats that have been beaten up by the weather, Tabelski said.  Those seats haven’t been able to be used, and that equaled a loss of ticket sales, she said. 

Other Dwyer expenses are $6,000 for salaries and another $3,000 for maintenance, for a total of $43,500.

The ice rink is to get $20,500, with $16,500 for a contractual expense and $4,000 for public works salary. 

In other recreational-related expenses, Human Resource Director Rebecca McGee let council members know about a new health perk for employees.

“We are excited to announce that we're able to increase our gym reimbursement program so that anybody can turn in a receipt up to $100 towards their membership for a gym,” she said. “We're pretty excited about that. Again, this continues to just keep going towards the health and well-being of all of our employees, and how seriously the city is taking that.”

Bialkowski asked how many employees take advantage of the reimbursement. 

 “We have $1,500 budgeted for it, so 15 employees,” Deputy Director of Finance Lisa Neary said.

There is also $2,500 for employee recognition, which includes fees for participation in the annual GLOW Cup 5K in Batavia.

“We’re moving towards the wellness and continuing to keep that in the forefront and focus for all of our employees. As we can see, they're pretty excited to have it, we'll take advantage of that one to help to make sure that we're all staying healthy. And then employee recognition, we had a great turnout over the last couple of years for their GLOW race, which is celebrated in Centennial Park that first week in August. So that's the increase towards that. We've had a lot of members take advantage of that over the last couple of years,” McGee said. “We’re pretty excited to be able to again continue to offer that as a wellness benefit for all of our employees, and making sure that we're all staying healthy, and being able to have some bonding time with our fellow employees and recognizing the importance of that, to have that line increase there as well.”

Other assorted budgeted expenses from general governmental services include:

  • $45,000 for City Centre properties (fees and taxes) parcel #s 2, 11 and 16; 
  • $25,000 for the city’s mall fees; 
  • $11,000 for recycling and garbage pickup; 
  • $10,000 for city facility maintenance; 
  • $22,000 for court operations and maintenance; 
  • $15,000 for mowing, boarding and picking up garbage for code inspection-related properties.
  • The expense of $310,000 for the portion of roof over Main St. 56 Theater was negotiated, but from here on out, future sales of city properties will be considered “as is,” Tabelski said. 

The big-ticket items for major departments will be included in future articles. Council has more budget sessions scheduled for the week of Jan. 29.

New name to align with mission for Arc GLOW golf tournament

By Press Release
img_3666.JPG
Submitted photo of Bocce players measuring who is closest to the Pallino.

Press Release:

Arc GLOW has chosen a new name for the 48th annual event held at Terry Hills Golf Course. 

GLOW Abili-TEES Golf & Bocce Tournament.

“The new name aligns with Arc GLOW’s mission of focusing on the abilities of individuals served by Arc GLOW while adding a twist to the word “Abili-TEES” as it relates to the game of golf,” said Ed Carney, chairman of the GLOW Abili-TEES Golf & Bocce Tournament committee.

It was chosen after a staff naming contest was held.

“The individuals who Arc GLOW serve have a lot of talent; we want to highlight that at this tournament while raising money so we can further help empower and support them,” said Lisa Bors, public relations director for Arc GLOW.

This year it will be held on Monday, July 15 at Terry Hills Golf Course, located at 5122 Clinton Street Road in Batavia.

Along with enhanced sponsorship opportunities, Arc GLOW has reduced the golf fee to $135 and bocce to $60 for the tournament. To reserve a spot, e-mail Sandy Konfederath at SKonfederath@ArcGLOW.org or (585) 343-1123 ext. 1715.

Keep your eyes peeled for further information on the Arc GLOW Facebook page and website, and save the date to be sure to help empower and support people of all ages with a broad spectrum of emotional, intellectual, and developmental disabilities.

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Submitted photo of a golfer winds up to hit a golf ball at the 2023 golf tournament at Terry Hills.

Brett Beckwith bags five wins at Batavia Thursday

By Tim Bojarski
way-too-sweet-1.jpg
Photo of Way Too Sweet courtesy of Wendy J. Lowery.
brett-beckwith-1.jpg
Photo of Brett Beckwith courtesy of Wendy J. Lowery.

Brett Beckwith, who ended the 2023 season as the seventh winningest driver in North America, is rolling again in 2024 and strutted his stuff at Batavia Downs on Thursday afternoon (Jan. 25) by winning five races on the card. “Brett The Jet” won with Why Tomorrow Ray (1:56.1, $2.80), Rosey Time (1:56.3, $4.40), One Night Fury (2:02.1, $9.40), Rock A Honey (1:58, $25.80) and Silver Buckeye (2:04, $6.40). Beckwith also scored three seconds and two-thirds during the card, giving him a .524 UDR for the session.

Thursday’s card had a triple feature on the track as a $15,000 Open Handicap for fillies and mares, trotters, and male pacers were all held over a sloppy track amid heavy fog as a January thaw was in full effect.

The distaff pace was won by Way Too Sweet (Jim Morrill Jr.) who sat second behind A Black Diamond (Kevin Cummings) until the top of the final turn. There, Morrill tipped the mare three-deep around Mcnatural L (Dave Mcneight III) and thundered down the center of lane to win by a length in 1:58.4.

Way Too Sweet ($3.50), who was a six-time winner last year, got her first victory of 2024 for owners George Tackley and Wendy Storrier. The mare is trained by Andy Gardner.

The top trot went to Special Prosecutor (Kevin Cummings) who led the field to the quarter in :28.4 before watching Esa (Jim Morrill Jr.) brush from third to take control in turn two. Special Prosecutor then sat chilly in the garden spot through the second circuit until the top of the stretch, where he tipped and ran down the leader to win by three-quarters of a length in 1:58.1.

It was the first win in three 2024 tries for Special Prosecutor ($10.80) who is owned by Philip Hale and David Dewhurst, who also trains the gelding.

Then in the Open pace, Sounds Good (Billy Dobson) was sent off at 40-1 and got away seventh, as Better Take It (Kevin Cummings) and Rock N Roll Runa A (Larry Stalbaum) traded leads to the half. At that station, Twin B Tuffenuff (Brett Beckwith) pulled first-over to engage the leader, and Sounds Good followed right behind with his cover. Rock N Roll Runa A held a clear lead heading into the final bend, but the field bunched at the top of the lane with Sounds Good widest of all. Dobson rocked and knocked Sounds Good all the way to the wire and was the best by a neck in a four-horse photo, stopping the clock in 1:56.1.

Sounds Good ($82.00) is owned by Michael Sergi and Sam Sergi and was the second training win for Andy Gardner.

Live racing resumes at Batavia Downs on Monday (Jan. 29) at 3 p.m. and will feature the second round of the Western New York Trackmaster Series for pacers.

Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

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Photo of Special Prosecutor courtesy of Wendy J. Lowery.
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Photo of Sounds Good courtesy of Wendy J. Lowery.

HLOM History: Colgrove and Ryan’s Meat Market once leading source of meats and groceries in Batavia

By Ryan Duffy
Colgrove and Ryan’s Meat Market batavia

During the first half of the 20th century, most Batavia families purchased their main courses from one source for all their meals big and small, Colgrove and Ryan’s Meat Market. 

The store became the preeminent meat seller in the area and even had a wider distribution area. Over its history, it had a few different locations in Batavia and even subsequent generations of stores after the owners went separate ways.

Colgrove and Ryan’s was the brainchild of the partnership of Myron Colgrove and Joseph Ryan. The two were seasoned grocers and meat sellers, coming from other businesses in the area. They began in 1920 and opened their first shop at 10 and 12 State St., which was named The Genesee Market. They stayed at that location until 1926, when they purchased Greentaner’s Sanitary Market at 54 Main St., changing the name to Colgrove and Ryan’s. 

This store backed up to the State Street market with a narrow alley in between. Due to the professionalism and expertice of the operation, the business became the go-to spot for grocery and meat shoppers. 

Adding to what the customers wanted, Colgrove and Ryan added a line of groceries in 1930, though their meat products were still their claim to fame. 

The store was also an early pioneer in telephone ordering, as people could order from their homes and pick them up at the market. In the fall of 1926, the store was featured in the magazine “Meat Merchandising” in an article, which commended them for the store lighting and the noted telephone service. 

Around 1945, Colgrove hinted at buying out his partner, but in turn, it was Ryan who bought out Colgrove. Under his singular ownership, Ryan turned the Main Street store into a wholesale meat center called The Western Provision Company. The operation grew quickly, and by 1949, he had several countermen and office clerks, as well as two order clerks, a receiving clerk, two sausage makers, and several delivery boys with a fleet of trucks.

Colgrove took his business back to 12 State St. and reopened The Genesee Market. The Genesee Market remained open until the building was bought during Urban Renewal, which was the same time that Myron Colgrove retired. He passed away in March 1966 at the age of 72. 

Joseph Ryan would fight in World War II and would suffer from the aftereffects of a sulfur gas attack for the rest of his life. At the time of his passing in 1960, he was not only the head of the Western Provision Company but also the treasurer of WBTA and the Batavia Baseball Club and a partner in the Ryan-DeWitt Oil Distribution Company. 

Western Provision Company was bought first by John Byrne of Niagara Falls and then by Harold Ironfeld before it was also closed due to Urban Renewal.

Ryan Duffy is the director of the Holland Land Office Museum.

Colgrove and Ryan’s Meat Market batavia
Colgrove and Ryan’s Meat Market batavia
Colgrove and Ryan’s Meat Market batavia
Colgrove and Ryan’s Meat Market batavia

Photo: Fog at BHS

By Howard B. Owens
fog at batavia high
Dense fog rolled into Batavia this afternoon, including the campus of Batavia High School.
Photo by Jason Smith.

First Amendment question left unresolved in plea deal for Batavia mother accused of harassing school officials

By Howard B. Owens

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Long, a mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

New waste removal service aims to 'care for people' in Genesee, surrounding counties

By Joanne Beck
new trash business
Joey Raziano and Bre Downs are ready to haul your garbage, recycling and junk with RRR Waste Removal Services.
Photo by Howard Owens

A Batavia couple wanting to provide a cheaper alternative for garbage services is also living the American dream of becoming entrepreneurs with a future path for their family, they say.

Joey Raziano and Bre Downs have set an ambitious course for themselves while they each are pursuing an educational goal — a nursing degree for her and a commercial driving license certification for him — they are establishing themselves as RRR Waste Removal Services with a seven-day-a-week business.

“It’s a side gig for now,” Downs said. “A goal is that it’s something to pass down to our kids when Joey and I are married … and to be able to help others and to actually give people the life that they want and not have to give money to garbage companies.”

Raziano added that “we actually care for our customers,” and one indication is that they let their customers choose which days they want garbage pickup rather than dictate when it’s going to happen. They also cited low monthly rates compared to their competitors.

They provide everything from a weekly garbage and recycling pickup to a monthly pickup service, a one-time garbage and junk removal, a moving and clean-out service, and bulk pick-ups of items such as couches, beds and stoves, with no extra mileage fees to the regular costs.

Their territory is expansive, covering Genesee, Orleans, and Wyoming counties, the border of Erie County, and they’re considering a portion of Livingston County as well, Downs said. 

“A lot of customers are switching from other companies for weekly trash pickup,” she said. “We’re getting calls all the time.”

They can accommodate their current list of 100 customers with a pickup truck and two trailers and are making plans for when and if they will need to expand for a growing clientele. As that happens, they expect to hire more employees, Raziano said.

Downs has applied for an LLC, so the business is a limited liability company.

“And we now have an online contract system instead of paper contracts,” she said.

While the field of nursing may not seem to have much in common with waste removal, there’s s strong connection for Downs, she said. Her mom has been a certified nursing assistant for 28 years, and Downs has watched that type of care and compassion all of her life, she said. 

Raziano, 24, emphasized that “we actually care for our customers.”

"We treat customers like a family and not a number," he said.

“We care for other people first,” Downs said, explaining her hectic schedule. “I’m a go-getter. It’s nerve-wracking, but it’s worth it in the end, it’s helping small families in the end.”

They have previously been involved in the business with former partners and have been operating their own company for the last six months. They consider it to be an investment in their future as Downs, 22, prepares to graduate nursing school in September, and they look forward to their wedding in August 2025.

For more information, call the office number at 585-813-4026 or go HERE. 

Get tax help and e-file for free at Richmond Memorial Library this tax season

By Press Release

Press Release: 

Richmond Memorial Library is pleased to partner with volunteers from the New York State Department of Tax and Finance to offer income-eligible citizens assistance with filing their taxes online this tax season.

Tax Department employees will walk you through your income tax returns, step-by-step, as you complete and e-file your tax return for free.

  • If you earned $79,000 or less in 2023, you qualify.
  • Safe and secure online tax software.
  • Use on-site computers, or your own laptop, tablet, or mobile device.
  • You only need basic computer skills and an active email account.

Sessions will be offered on Thursdays in February, March and April:

  • Feb. 1
  • Feb. 8
  • Feb. 15
  • Feb. 22
  • Feb. 29
  • March 7
  • March 14
  • March 21
  • March 28
  • April 4
  • April 11 

Appointment slots are 9:30 a.m., 11 a.m., 1 p.m. and 2:30 p.m. 

Those interested must schedule an appointment. For more information or to make an appointment, contact the library at 585-343-9550 x3, or visit the reference desk Richmond Memorial Library is located at 19 Ross Street in the City of Batavia. Find the library online at batavialibrary.org.

GC Health Department offers rabies clinic Feb. 8

By Press Release

Press Release:

The Genesee County Health Department will be hosting its first rabies immunization clinic of the year at no charge to participants on Thursday, Feb. 8 from 4 - 6 p.m. at the Batavia Town Highway Garage (3833 West Main Street Road, Batavia). 

Vaccinations are free for dogs, cats, and ferrets, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal. Limit 4 pets per person maximum.

“We encourage all residents to take advantage of our first rabies immunization clinic of 2024 and ensure their pets are protected against rabies,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health).

“Rabies continues to be a serious public health concern in Genesee and Orleans Counties and is a preventable viral disease most often transmitted through the bite of a rabid animal. Please leave wildlife alone and do not feed, touch, or adopt wild animals, stray dogs, or cats.”

The next rabies immunization clinics are as follows: 

Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia)

  • Thursday, May 16 from 4 - 7 p.m.
  • Thursday, Aug. 8 from 4 - 7 p.m.
  • Thursday, Oct. 10 from 4 - 6 p.m.

Orleans County Clinics at the Orleans County Fairgrounds (12690 State Route 31, Albion)

  • Saturday, April 13 from 9 - 11:30 a.m.
  • Wednesday, June 5 from 4 - 6:30 p.m.
  • Saturday, Aug. 10 from 9 - 11:30 a.m.
  • Saturday, Oct. 19 from 9 - 11:30 a.m.

For more information on GO Health’s programs and services, visit GOHealthNY.org. You can also contact the health department at:

  • Genesee County 585-344-2580 x5555 or Health@co.genesee.ny.us
  • Orleans County 585-589-3278 or OCPublicHealth@orleanscountyny.gov

BCSD board approves three transportation contracts with STA worth more than $11M

By Joanne Beck

The Batavia City Schools' board approved five-year contracts Monday with Student Transportation of America for transportation from home to school, field and sports trips and during the summer worth more than $11 million that will be part of this year’s budget vote in May.

Business Administrator Andrew Lang explained, in a memo to the board, that the district engaged in a bid process this past November to procure student transportation services for the next five years. Prior to this, he said, the district had extended a previously awarded contract with STA for a period of five years. 

The bid process included a detailed specification outlining the district’s transportation program and current transportation needs. The bid included five separate contracts for home-to-school, special needs and homeless, field and sports trips, summer special needs and homeless, and summer home-to-school.

There was only one bid, which came from STA, and only for three contracts of home-to-school, field and sports trips, and summer home-to-school, Lang said. 

“As this is a multi-year contract, voter approval is required,” he said. “This is done by noting the estimated five-year contract cost in the 2024-25 public budget document.”

He recommended that the board award the bids to STA for the designated amounts as follows:

  • Home-to-school transportation for a total five-year cost, including bus monitor/attendant, of $8,438,451.10. Rates range from up to three hours at $360 in this school year up to $437.58 in 2028-29, and $386.45 for four hours plus $74.28 per hour after that, up to $469.73 plus $90.29.
  • Field and sports trip transportation for a total five-year cost, plus bus monitor, for $2,099,470.78. Driving rates are $98 for this school year, up to $119.12 in 2028-29 for in-district, plus an extra cost of $1.58 per mile this year, up to $1.92 in 2028-29 for out-of-district trips.
  • Summer home-to-school and bus monitor/attendant total five-year cost of $607,982.44. Prices are the same as regular home-to-school until after four hours, when rates change to $405.02 for 4.5 hours for 2024-25 up to $492.30 in 2028-29 and $423.59 for five hours up to $514.88, with $74.28 per hour after that, up to $90.29 during the fifth year of the contract.
  • Bus monitor/attendant rates are the same for all contracts, at $34.93 per hour in 2024-25 up to $42.46 in 2028-29.

The board approved a motion as part of the consent agenda during Monday’s Board of Education meeting.

The contract runs from the 2024-25 school year through 2028-29.

City of Batavia seeking a city resident for Board of Assessment opening

By Press Release

Press Release:

The Board of Assessment Review currently has one position to fill. The term is a five-year term and will expire on September 2028. The Batavia City Council is seeking a City resident who is interested in volunteering as a member of this committee and has knowledge of property values.

Residents interested in applying for this position can obtain a Committee/Board Volunteer Application from either the City Clerk’s Office or on the website at www.batavianewyork.com, Find It Fast. The deadline to submit applications to the City Clerk’s Office is April 22. 

For further information, please contact the City Bureau of Assessment at 345-6301. 

Police continue hunt for criminal suspect, Nathan Royse

By Staff Writer
Nathan Royse
Nathan L. Royse

Batavia PD has issued another call for public assistance in locating Nathan L. Royse, who has been on the police department's wanted list since late August.

Crime Stoppers WNY is offering a reward of up to $2,500 for information leading to the arrest of Royse.

Royce is wanted on a charge of criminal possession of a weapon in the third degree.  Police warn he should be considered armed and dangerous.

He is also wanted on a parole warrant.

Anyone with information is asked to call Crime Stoppers at 716-867-6161 

Batavia Downs record handle surges past one-half million on Monday

By Tim Bojarski
stonebridge-hypnos-1.jpg
Photo of Stonebridge Hypnos courtesy of Wendy J. Lowery.

The track was fast for the Monday afternoon (Jan. 22) card at Batavia Downs, and so was the pace at which money flowed through the windows from all outlets as the track handled $509,180, setting a new all-time one-day betting record on live racing at the track and marked the first time ever that the Downs handled in excess of one-half million dollars while under the ownership of Western Regional Off Track Betting.

This is the third time this meet – that has only raced four days so far – that the track has set a new standard for handle. The high water mark on Monday came in the fifth race where $69,298 was bet on that single event.

Don Hoover, Director of Live Racing at Batavia Downs, said “This is definitely historic for the track, something that has never been done before. And it speaks volumes for the competitive racing our horses and their connections put on the track every race day. Our customers recognize that and want to bet on it and we are grateful to be in this situation. It’s a total team effort to make these races a success and everyone associated with the track shares in this achievement.”

Monday also marked the beginning of the Western New York Trackmaster Series for pacers, an event that was responsible for setting betting marks during the 2023 winter meet. These races were once again very exciting on Monday but saw two drivers win nine of the 15 carded events.

Jim Morrill Jr. won five races during the afternoon, four of which were from his regular connections, trainer Sam Smith and owner Mike Torcello. Morrill scored with Road Map (1:57, $2.50), Mister J R (1:57.3, $2.60), Stonebridge Hypnos (1:59, $2.40) and Authentic Hanover (1:59.1, $9.00). His fifth win was behind Mississippi Rabbit (1:58, $3.20) who is owned by William Mac Millan and trained by Joe Skowyra.

Brett Beckwith was right behind Morrill in the win column as he registered a grand slam of his own. He won with Surfers Paradise (1:58.2, $8.60), Weekend Atnannies (1:58.1, $3.90) and Thatmomentinlife (1:57.3, $7.80) who were all trained by Mark McDonough, and also with Long Train Runnin (1:57, $2.70) who was trained by Jim Clouser Jr.

When Live racing resumes at Batavia Downs on Thursday (Jan. 25) at 3 p.m. there will be a $532 carryover in the Jackpot Super Hi-5 in the 15th race. Thursday will also host the first round of the Western New York Trackmaster Series for trotters.

Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

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