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Music Director Ric Jones promises no clouds will obscure the beauty of Genesee Chorale's spring program -- Eclipse.

The 12-song concert takes its theme from the recent total solar eclipse that passed over the United States, including Western New York, opening with "Measure Me, Sky." 

Other titles in the show include "Canticle of the Sun," "Song to the Moon," "Light Beyond Shadow, "Day of Fire and Sun," "Capture the Sun," and "You Are the New Day."

Three songs are performed in total darkness to help the concert mimic the experience of a total eclipse.

Eclipse opened Friday evening in the auditorium at Pavilion High School. Its second performance is scheduled for 2 p.m. on Sunday at St. James Episcopal Church, 405 East Main St., Batavia.

Photos by Howard Owens

A better spot with more room was a strong incentive to change locations, said Ray Smith, owner of Smith's Great Outdoors, which sells most things any dedicated hunter or fisherman might need.

For the past few years, Smith's has been located at Lewiston Road and Veterans Memorial Drive, near Applebees.

The store is now at 8282 Park Road, Batavia. There will be a grand opening from 9 a.m. to 6 p.m. Saturday. 

"We've always enjoyed the outdoors on hunting, and so why not do it (own a store)" Smith said. "The kids work here so it's great. Brayden is in college. He helps out from college, and my two daughters help out here and there with this and that, and my wife helps. Then we've got a good group of employees to make it all happen."

The location also offers more parking, and the lot is easier to get in and out of, Smith said.

"The main thing here is more room, so we can expand some more and put in a range," Smith said.

He said the range is still early in the planning stages, but it will be inside. He's looking at a 40-yard range, but he's not sure how many targets yet.

"We're just kind of in the beginning stages of that," Smith said.

Smith's has a large selection of guns, bows, crossbows, accessories, reloading supplies, and bait and tackle.

There's no gunsmith at the store, but Smith said the staff can clean guns and do minor repairs.

"We got a new full-time archery kid starting in May," Smith said. "He'll be here all week long, and he'll be able to do any bow, fix just about whatever problems people have."

He invited everybody to come out to the grand opening on Saturday.

"We'll have the Elba High School track team here," Smith said. "They will be selling hotdogs and hamburgers, and we'll have a whole bunch of different reps from different product lines here and a whole bunch of specials, and we've got a bunch of good giveaways and stuff going to go on."

Photos by Howard Owens

The Batavia Players production of “Evita,” hitting the 56 Main Theater stage this weekend, is high energy, said director Pat Burk.

There is nonstop singing and frequent dancing, and the main character, Kristen Gelia's Eva Peron, has 15 costume changes.

"Evita is very tough because she's rarely offstage," Burk said. If she's offstage, it's for 30 seconds. She literally sings over half the score, so it's a very difficult role. You need a strong voice, strong acting skills, and the ability to be very quick, manipulate, and move quickly."

Gelia, who was lead in the “Drowsy Chaperone” last spring, is a former Harvie Award winner and has been in a number of other Batavia Players’ productions, is doing a great job in the role, Burk said.

The cast -- which has only four named characters, and everybody else is an "ensemble" -- is active throughout the entire production, and Burk believes audiences will thoroughly enjoy the show they put on.

"I'm very, very pleased with our talent," Burk said. "This cast is doing a tremendous job. We have very long rehearsals, 10 hours on some days. And you're looking at people who volunteer their time to put on something that is not normally done in a regional or a community theater. We have great musicians in the pit, and you know that our tech is great. And so I hope people come and see it. It's a wonderful, wonderful show."

The Batavia Players production of Evita, hitting the 56 Main Theater stage this weekend, is high energy, said director Pat Burk.

There is nonstop singing and frequent dancing, and the main character, Kristen Gelia's Eva Peron, has 15 costume changes.

"Evita is very tough because she's rarely offstage," Burk said. If she's offstage, it's for 30 seconds. She literally sings over half the score, so it's a very difficult role. You need a strong voice, strong acting skills, and the ability to be very quick, manipulate, and move quickly."

Gelia, who was lead in the Drowsy Chaperone last spring, is a former Harvie Award winner, and has been in a number of other Batavia Player's productions, is doing a great job in the role, Burk said.

The cast -- which has only four named characters, and everybody else is an "ensemble" -- is active throughout the entire production, and Burk believes audiences will thoroughly enjoy the show they put on.

"I'm very, very pleased with our talent," Burk said. "This cast is doing a tremendous job. We have very long rehearsals, 10 hours on some days. And you're looking at people who volunteer their time to put on something that is not normally done in a regional or a community theater. We have great musicians in the pit, and you know that our tech is great. And so I hope people come and see it. It's a wonderful, wonderful show."

The story of Evita, meaning how Andrew Lloyd Webber and Tim Rice came to write the musical, begins with them writing the eventual hit song "Don't Cry for Me Argentina" when Webber and Rice became enthralled with the story of Eva Perón.

They wrote "Don't Cry for Me Argentina" and decided to spin it out into a rock opera.  Evita was a concept album released in 1976 before it became a Tony Award-winning Broadway musical. The production eventually toured nationally, was adopted to film in 1996, and has been performed on stages from London to Spain, Mexico and South Africa.

The musical tells the story of Eva, who was born poor in the small city of Junin. At 15, she seeks a better life in Buenos Aires and persuades tango singer-songwriter Agustin Magaldi to take her to Argentina's capital city.

Once there, Eva sleeps her way up the social ladder. She becomes a model, radio star, and actress. During this same period, Col. Juan Perón begins his rise to power. 

Following a charity concert in Luna Park to aid earthquake victims, Perón and Eva meet and begin an affair. Eva suggests she can help Perón rise to power.

Once the relationship is public, Eva is introduced to high society, only to be met with disdain from the upper classes and military.

"Surprisingly, at that time, the aristocrats in Argentina were basically people who fled from Nazi Germany as Nazis. In other words, after the war was over they checked out of Germany in order to be safe from being prosecuted," Burk said. "Also, a tremendous number of English people who were fascist and Nazi sympathizers (migrated). So it was a very wealthy group that was trying to run things, and she kind of upset the applecart."

That compelling story, along with the musical's iconic status, energy, and great work of the cast and crew, is why Burk hopes the community will be inspired to turn out for the production.

"It's been a favorite of mine for quite a few years," Burk said. "And it isn't always available for production; we're very lucky we were able to obtain the rights. It took us over two years to do that, to do the production here."

Evita opens at 56 Main St. Theater at 7:30 p.m. on Friday, followed by another 7:30 p.m. performance on Saturday and 2 p.m. shows on Saturday and Sunday. Tickets are $22 online, or $24 at the door, and students and seniors are $22.

Photos by Howard Owens

Buffalo-Native Timothy Onello has been named president and CEO of Chapin International, taking over from Jim Campbell, who is retiring.

Onello is taking over a company that now has production facilities in the U.S. and overseas but was founded in Oakfield 140 years ago.

The firm is celebrating its 140th anniversary in June. 

From 2020 until February of this year, Onello was VP and general manager of ITW, a Fortune 200 company. He was based in San Luis Obispo, Calif.   Prior to joining ITW, he spent nearly 12 years with JPW Industries in Nashville, rising to the position of VP and general manager.

He has MBAs from Thunderbird School of Global Management and the University of Nevada-Las Vegas and a bachelor of science in marketing and psychology from Northern Michigan University.

He's also held positions at Hilti Tools, Positec Tools, and Irwin Industrial Tools.

Chapin manufactures sprayers, broadcast spreaders, handheld spreaders, ATV sprayers, backpack sprayers, and specialty sprayers.

At only 61, Steve Hyde isn't planning a second career after his final days with the Genesee County Economic Development Center; he's planning to try out an actual retirement -- for awhile, at least.

"My kind of core values in retirement, I think are, I want to spend more time with my family, do a little traveling," Hyde said in an exclusive interview with The Batavian on Monday. "I'll try to be around to help out, but it's time to step away from the limelight and the leadership role a little bit."

Hyde has led the EDC for 21 years, overseeing the construction of eight shovel-ready industrial parks, including WNY STAMP, the Genesee Valley Agribusiness Park, Apple Tree Acres, Buffalo East Tech Park, and Gateway I & II corporate parks, among them. During that time, GCEDC has assisted with more than 500 projects, from building expansions to whole new factories, worth a combined $2 billion-plus of investments leading to the creation of thousands of new jobs and increased tax revenue for municipalities and school districts.

"I just think it's a good time for me (to retire)," Hyde said. "I mean, I hit critical milestones for our retirement plan. Things are in good shape at EDC. There's lots of progress and more to do. But, you know, my hope was to get things up and running and on plane, and with Edwards breaking ground and the Ag Park almost full, the great work going on with O-AT-KA and Upstate and HP Hood. The other parks are filling up. The next generation is ready to move, and it just seemed like a good time to do it."

Hyde graduated from Batavia High School. He earned a bachelor of science in marketing, finance, and agricultural economics from Cornell University and an MBA in finance in sales and marketing from RIT. 

After earning his MBA, Hyde became manager of strategic finance/mergers and acquisitions for Xerox, followed by taking a shot in the start-up world with a software company before landing a VP of business and technology development at ResMed in Rochester.

Jim Vincent was chairman of the GCEDC board in 2002 when the agency began its search for a new president and CEO. There were several qualified candidates, Vincent said in a recorded message shared at the GCEDC annual meeting on Friday.

"Steve Hyde was our selection," Vincent said. "He is a gifted individual with experience from the big corporate world of Xerox. We were not sure if he was a good fit for a small town and small county economic development. We were won over by his commitment to home and family and his desire to raise his family here in Genesee County."

That was the start of a four-minute video in which community leaders praised Hyde's efforts to help Genesee County improve its business climate.

"There was no project or client that was too big or imposing," said Charlie Cook, chairman of the board for Liberty Pumps in Bergen. "He was determined that Genesee County be recognized statewide, even nationwide, as a great place to locate.

"Steve's approach to economic development was comprehensive and creative," Cook added. "Beyond the projects themselves, he was focused on the supporting peripherals, such as park development, infrastructure, workforce supply, workforce development, and even housing."

Hyde was quick to point out during his interview with The Batavian that "it takes a village" to succeed in economic development and that not only has he been blessed with a great team while leading the industrial development agency, the agency has also had great partners at the state and regional level.

"It wasn't just me," Hyde said. "I was just a part of the partnership that was really focused. I think about the number of organizations that really locked arms together to advance our shovel-ready sites, workforce development, and downtown revitalization strategies. I've been just really pleased to see that."

Hyde believes those efforts have been successful for Genesee County.

"The industrial parks have really helped really bring manufacturing back," Hyde said. "That's really been our focus for the past 20 years. I think we've had some good progress there, and they'll continue growing. I think we're seeing things grow, though not everything's perfect. Our downtown areas are seeing tons of redevelopment, making it a better place to live, work and play, but not everything's perfect in economic development, as you know."

In 2022, the most recent data available, Hyde was paid a salary of $249,752.

While leading the GCEDC, Hyde also served on the board of education for Batavia City Schools from 2007 to 2011. He is a past chairman of the New York State Economic Development Council and a member of the board of directors of the Finger Lakes Regional Economic Development Council. Those are all voluntary positions. 

Hyde's 21 years at the helm of the agency haven't been without choppy waters and controversy.

In 2011, the agency was criticized for $344,000 in bonuses paid to GCEDC employees from 2005 to 2009. The bonus plan was eventually eliminated. 

In 2013, The Batavian scrutinized tax abatements awarded to COR Development to help the owner of Batavia Towne Center on Veterans Memorial Drive attract Dick's Sporting Goods and Kohl's Department Store to the former Lowe's Home Improvement location, raising the level of corporate competition for local retailers.

In 2015, the sudden closure of the Muller Quaker yogurt plant in the Genesee Valley Agribusiness Park looked at first glance like a crushing blow to the cause of economic development. Pepsi Co. and the Muller Group from Germany invested more than $200 million in the plant only to shutter operations less than three years after its opening. The companies had been promised more than $11 million in tax abatements to build the plant, and people who misunderstood how tax abatements work thought the company was walking away with a windfall.  However, both companies lost any pending tax breaks (a big portion of that $11 million), and Pepsi, a publicly traded company, reported a $60 million loss on the project. It's unknown how much Muller lost as a result of the business failure.

In 2015, Dairy Farmers of America acquired the plant for $60 million, and after paying a full-load property tax bill of more than $600,000 in 2016 on the property, sold the plant in 2017 to H.P. Hood for $54,216,000.  Since then, the plant has undergone multiple expansions, employing hundreds of people beyond initial projections and turning it into one of GCEDC's biggest success stories.

Another yogurt plant, built by Alpina in the Ag Park, has undergone a similar transformation, from a failed business venture by the South America-based dairy company to a success for Upstate Niagara.

WNY STAMP has also seen its share of starts and stops.  The most notorious was the highly-touted plans to build innovative solar panels on property in the tech park in the town of Alabama. After 1366, Technologies was unable to secure backing from the Department of Energy (largely, it seems, because then Sen. Chris Collins failed to endorse the project). The company decided to build its plant in Malaysia.  It's unclear if that plant was ever built. It later merged with a solar company and became CubicPV, which, earlier this year, scrapped plans to build a new manufacturing plant in the United States.

No new development plans were announced for STAMP until 2021, when another green energy company, Plug Power, which converts water into hydrogen fuel, announced plans to build a $264 million plant there.  At this point, a good deal of the plant's development has been completed, but the company doesn't expect the plant to start producing fuel until 2025.  Plug Power is itself a controversial company, with the stock currently trading at $2.60. Investors have become increasingly weary of a company that has never made a profit in more than 20 years of its existence. Plug Power is awaiting word on a $1.5 billion low-interest loan from the Department of Energy that will help it complete its hydrogen fuel plants. Once fully operational, those plants are expected to lift company revenue sufficiently to close the profitability gap. Meanwhile, the company is facing a shareholder lawsuit.

WNY STAMP has also faced some opposition from environmental groups, and the Department of Environmental Conservation is being sued by the Tonawanda Senecas over its permitting of aspects of the project.  The GCEDC has already defeated a lawsuit filed by Orleans County, but the DEC did recently require modifications to the sewer pipeline that was going to carry some waste from STAMP, so the agency has reached agreements with the town of Alabama and the town of Oakfield for an alternative sewer line.

Hyde's retirement announcement, however, coincided with good news for the IDA.  Edwards Vacuum, planning a $319 million factory at STAMP, broke ground on Friday.

Hyde always takes all of these ups and downs in stride, saying, as he does often, that "economic development is a marathon, not a sprint."  The business world is full of challenges, and few things go as expected.

When a business deal falls apart, Hyde understands.  Those things are going to happen. 

What has been harder to deal with -- and it's largely a more recent phenomenon -- is the amount of reporting from some media outlets, especially in Buffalo, that either employ reporters who don't understand business and economics, leave out critical information, or get information wrong.

"I think the biggest challenge for the job, especially so in the last few years, is the amount of misinformation that gets out into the public because facts are made up or manipulated rather than properly stated," Hyde said. "You know, I thank you because you've been one of the media outlets that has always worked hard to bring the facts to the table, but other outlets across the region have really created a smokescreen of misinformation. So misinformation, I think, is one of the biggest challenges." 

Some of these outlets' inaccurate reporting has helped fuel social media attacks on Hyde. Asked if this has led him to seek an early exit, he said it hasn't.

"I'm a human being," Hyde said. "I have feelings, just like we all do. I've done nothing while in this role but to try and do everything I can to create more and better jobs for our residents and kids, you know, but being shot at by certain media outlets that don't have the facts portrayed correctly, it certainly is impactful and not helpful. I can't say that that drove me out of the job. No, but it can be heavy at times."

Hyde informed the GCEDC board months ago that he planned to retire in July. A committee has been busy seeking candidates, and Hyde suggested that his replacement could be announced soon.  Hiring his replacement is entirely up to the GCEDC board, though the input of the Genesee County Legislature and Empire State Development is possible.

"It's truly a local decision," Hyde said. "The County Legislature, of course, gets to provide some input, but they don't get deeply involved, either. They've been wonderful that way, great partners, through the years, but they empower the board to let it be a local decision based on the people who know how these agencies are run."

In retirement, he looks forward to relaxing with his wife JoAnn at their home at Conesus Lake, which will become their full-time residence.

Hyde has expertise in negotiating business development deals that might continue to be in demand, and he's also gone down the entrepreneurial start-up route once. Might he be lured back into one of these roles again?  Hyde has no such plans, he said. He said that going the start-up route once was enough, and while he's available to offer advice to his former colleagues, he thinks they're more than capable and will do fine just by keeping on doing what they're doing.

"At this juncture, I'm gonna take some time off and spend it with the family and friends, and probably for several months, if not longer, just to try to, you know, figure out what retirement looks like. Maybe something down the road, but I made a commitment to my wife JoAnn that we would do that. We've got to. We've got a second grandson coming in a couple of weeks, so I want to help out there. It'll be fun."

Two men in Le Roy are accused of providing marijuana to a student after initially connecting with the teenager through Snapchat.

Asa A Wooten, 20, and John M. Reese, 34, are both charged with endangering the welfare of a child.

Neither man has a permanent residence.

On April 22, the Le Roy Police Department was informed of possible drug activity in the area of the Woodward Memorial Library and Wolcott School.

The child receiving the marijuana was under 17 years of age, according to police.

Wooden and Reese allegedly first made contact with the child through Snapchat.

They were arrested on April 24, arraigned, and issued orders of protection.

The Le Roy Police Department encourages parents to talk with their children about the dangers of drug use and of interacting with strangers on social media.

Anyone with additional information is asked to contact Officer William Riley at 585-768-2527.

Assemblyman Steve Hawley recognizes a great wrestler when he sees one -- Hawley was himself a high school wrestler, good enough to make it to Division 1 in college before rib injury cut short his career -- so after Casper Stewart became Batavia High School's first state champion in wrestling, Hawley decided to deliver a special Assembly Proclamation to Stewart.

Hawley is limited to no more than 20 such proclamations during each two-year term, so, Hawley said, they go only to constituents with exceptional accomplishments.

"When we do a big one, it's for somebody, an individual or organization, that has accomplished something that is absolutely not only unbelievable but very difficult to obtain," Hawley said.

Stewart finished the season 52-3 and his wrestling career at BHS 279-20.  He is ranked fourth all-time in New York for wins and first all-time with 202 pens, ranking him fourth in the nation.

He will attend West Point, where he will continue to wrestling. After completing the military academy, he will serve at least five years of active duty in the U.S. Army.

"I am extremely proud of you," said Hawley, himself an Army veteran. 

Hawley's wrestling career started in fifth grade, and Coach Cargill told him he thought he had the makeup to be a wrestler, an offer that Hawley was initially reluctant to pursue because he didn't have much self-confidence, he said.

Wrestling helped change that.

"To make a long story short, I had a halfway decent record, a winning record, and I went from 101 to 112, to 118, or whatever the classes were," Hawley said. "I wrestled in college, and in one match against Bowling Green, Division 1, I ripped off that rib cartilage. But I never ever lost that belief that I could do anything I wanted."

Jay Antinore went the distance, seven innings, for Notre Dame against Byron-Bergen on Wednesday to help his team to a 7-2 victory.

Antoniore gave up five hits and one earned run, fanning two hitters.

He also had the only multi-hit game for the Irish, going 2-4, scoring three runs and driving in one.

Jaden Sherwood was 1-2 with two walks, scoring once and driving in a run. Charles Cummings was 1-2 with an RBI and a run scored.

For the Bees, Kinkleer (not listed on the team's roster, so no first name available) went 2-3 and drove in a run.

Photos by Pete Welker.

Alexander's school district board of trustees is asking voters on May 21 to approve a $22,758,728 budget.

That is an increase from the current academic year, which is $20,847,885.

The proposed budget increases the tax levy by 1.75 percent, or $109,709. The anticipated tax rate is $17.83, up 30 cents from the current rate.

The district is planning no cuts to staff or programs.

The district is not receiving an increase in state foundation aid.

There will be a public hearing at 7 p.m. on May 8.

Proposition #2: Bus Purchases

• 2 – 64 Passenger Buses - $340,000
• 1 – 24 Passenger Bus - $110,000

Proposition #3: Equipment Purchase

• Computer Hardware - $43,200
• Chromebooks - $68,710
• Floor Scrubbing Machine - $16,000

Proposition #4: Establish Equipment Reserve,  $500,000

Proposition #5: Establish Bus Reserve, $900,000

Pavilion Central School District's board of education has approved a $19,178,078 budget with a 2.9% tax levy increase.

District residents will be asked to vote on the proposed plan on May 21 in the high school auditorium lobby.

The tax levy increase is under the 3.3 percent tax cap ceiling.

Superintended Mary Kate Hoffman said The budget reflects a 1.64% increase in spending from last year.

One teaching position, created with COVID relief funds, has been reduced from one full-time equivalent to a half-FTE position.

Hoffman said the district is creating at the elementary school a 12:1:1 classroom, which is a special education class with 12 students, one special ed teacher and one aide.

"We are using existing staff to better meet the needs of our students," Hoffman said. "This classroom will allow us to keep students with special needs in the district."

The budget includes funding for a $100,000 capital outlay exception project and the purchase of two buses.  

The Byron-Bergen Central School District is proposing a $27,563,772 spending plan for 2024-25, up 6.13 % from the current academic year.

The tax levy is expected to increase 1.75%, from $9,223,509 to $9,385,010.

School enrollment is expected to drop from 920 students to 904 students.

The public budget hearing is scheduled for 6 p.m. on May 9 at the high school auditorium.

The budget vote is from noon until 9 p.m. on May 21.

Elba beat Holley in baseball 9-2 on Tuesday.

Captain Bing Zuber went 2-3 with RBIS and four stolen bases. Fletcher Norton went 2-2  with two RBIs and two stolen bases. Eliseo Lagunas was 3-3 an RBI, two runs scored and three stolen bases.

Sophomore Nick Scott and freshman Mason Vigiano combined for the no-hitter. Scott got the win, going four innings and fanning eight hitters.

Both of Holley's runs were unearned.

Amirose E. Hume, 35, of West Main Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and moved from lane unsafely. Hume was charged by Deputy Ryan Mullen following a one-vehicle accident at 1:12 a.m. on April 18 on Roanoke Road, Pavilion. Hume was transported to the jail for processing and released.

Krista Marie Penkszyk, 38, of Batavia Bethany Townline Road, Batavia, is charged with petit larceny and harassment 2nd. Penkszyk allegedly stole an item during a disturbance at a residence on Bethany Townline Road, Batavia, reported at 7:32 p.m. on April 16. She was held for arraignment and arraigned and released on April 17.

Michael Patrick Pullinzi, 64, no street address provided, of Batavia, is charged with criminal contempt 2nd. He allegedly violated an order of protection out of Family Court at 6:30 a.m. on April 20. He was arraigned and released.

Daniel John Wright, 61, of Bay Village Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, and driving without an inspection certificate. Wright was stopped by Deputy Jacob Kipler at 1:38 a.m. on April 21 on Lake Street Road, Le Roy. He was issued an appearance ticket and released.

Daniel R. Larocche, 45, of Buffalo, is charged with felony driving while under the influence of drugs. Laroche was stopped by State Police in the village of Oakfield at 7:38 p.m. on April 22. He was released on an appearance ticket.

Joseph J. Nelson, 38, of Medina, is charged with petit larceny. The incident was reported at 12:40 p.m. on April 11 in the town of Batavia. The State Police did not release further information.

Stephen D. McCarthy, 46, of Walworth, is charged with criminal possession of stolen property and petit larceny. McCarthy is accused of possessing a stolen credit card in the town of Alabama at 12:15 p.m. on March 11. He was arrested on April 19 by State Police. The State Police released no further information.

At Monday's board of education meeting, the Pembroke Central School District board approved a $27,289,194 spending plan for the district.

Pembroke Superintendent Matthew Calderon said the state provided the district with no increase in foundation aid.

He said the tax levy will stay within the tax cap limit, with an increase slightly below the cap for the 13th consecutive year.

"We needed to pair down our initial budget draft by $870,000 to get down to the final number," Calderon said. "Thankfully, no current full-time employees were cut."

The proposed budget will be presented at a public hearing at 6 p.m. on May 14 at Pembroke Central School.

The budget vote is scheduled for 5 p.m. to 7:45 p.m. noon to 8 p.m. on May 21 in the high school auditorium.

Due to scheduling conflicts among musicians, the Genesee Symphony Orchestra's final concert of the season has been rescheduled for the 2024-25 season.

Season ticket and Flex ticket holders can use their current tickets for the rescheduled concert. 

The original date of the concert was May 5, and it was built on the theme "American Pictures."  It was going to feature the works of composers from the United States such as Aaron Copeland, William Grant Still, and Florence Beatrice Price. 

PUBLIC NOTICE:

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Batavia Planning Board regarding an application for a Special Use Permit by East Coast Speedway (Jason Bonsignore) to open and operate a racing track on property that was the former polar wave at 3500 Harloff Road, Batavia, NY - Tax Map 151.  This is in a Commercial/Recreation District.

Said hearing will be held on Tuesday, May 7, 2024 at the Batavia Town Hall at 7:15 p.m. at which time all interested persons will be heard. Written comments will be accepted prior to that date.  You may email the Chairman at  kjasinski@townofbatavia.com or text 219-9190.

by order of the Town of Batavia Planning Board
Kathleen Jasinski, Chairman

The local press was not permitted in a meeting on Monday between business owners concerned about impacts on their shops during the construction of a new police station in Batavia, but afterward, the project manager spoke exclusively with The Batavian about what he tried to communicate during the discussion.

Ken Pearl explained the scope of construction, the need for the use of parking space next to the primary construction site, and the coordination and liability issues involved.

With five contractors involved -- there is no lead contractor -- there is a lot of complex work that needs to be coordinated with timelines that need to stay in sync.

The sudden dust-up over parking has contractors nervous about staying on schedule, Pearl indicated.

For this $15 million project, there is a general contract, a site contractor, an electrical contractor, a plumbing contractor, and a heating contractor. They’re all under separate contracts.

See also: Downtown business owners battle for their patients, city considers options

“Now that this has become an issue, I have to speak on behalf of this group because they're aggrieved now, too,” Pearl said. “They’re under contract that go under state and federal government rules. And they're like, ‘Wait a minute, nobody can agree to just be moving this fence around because there's insurance issues, liability, and all kinds of stuff. Plus, we need space to work.’”

In the meeting with business owners, Pearl said he tried to convey the message that “this is our world.” He tried to show them what the contractors are supposed to be doing and why.

“We’ve got to put that fence up all around the parking lot on the city's boundary, and then we will transfer all the liability to the contractors," Pearl said. “They're responsible for everything that happens here. They can't have people in here. They're not trained, they're not wearing safety gear. The first thing the contractor is going to do is come in with expensive equipment, like a Thruway project or something or a road project. They're gonna be grinding up all this asphalt because it's all getting refurbished and pulled up. And we got to access the sewers and infrastructure elements underneath.”

Pearl explained that the need for contractor space next to the job site involves much more than asking workers to walk an extra 40 feet, as some business owners seem to believe.

Once the asphalt is ripped out, a sewer line must be removed. It is buried 15 feet underground on the west end lot.

Then, all the footings for the walls need to be dug out. Digging out the footing space and foundation will create debris that must be moved into the west end of the lot where it can be sorted -- refill, recyclable, and waste. 

The stormwater draining system gets rebuilt.

A mesh of conduits and tubing needs to be installed with contractors needing easy access to supplies.

All-terrain vehicles with forklifts will need to move around the perimeter of the building in space that was seemingly designated as parking before city officials learned those renderings were wrong.

Scaffolding will be erected around the building and will intrude into that same "parking space."

While some workers can show up with their tools in their sedan, Pearl explained that the concrete guys can’t do that. They drive pickups with all their tools in compartments around the bed of a truck.  Concrete workers need to work fast. They have a limited time to complete tasks once the concrete is poured. 

“What they're doing is constantly going back and forth to their trucks,” Pearl said. “You'll actually see them moving their trucks because they're working fast. When heavy concrete comes in, there's a time limit on it for their working procedures. They're not going to allow us to tell them to park across the street. That's insane. From their perspective, they don't even want to park over here (he pointed to the site plan). They want to park here. And then two hours later, they're gonna be here, and three hours later, still here. They'll work not an eight-to-five. They'll stay if the poor require them to stay till 10 o'clock at night.”

Quality control testing needs to take place on the job site, which means equipment needs to be set up and stored close to the new construction.

“They can’t do that across the street because they gotta be where the thing is happening,” he said.

Each contractor needs a trailer for office space, so there are five trailers total, plus one each for state and federal inspectors.

Utilities need to be run to those trailers and the job site.

Moving all of that infrastructure to the other side of Alva would mean double installation of infrastructure.

“That's multiple of everything,” Pearl said. “So technically, my message was, we can do anything you want. But we're going to crucify the budgets."

Workers' safety is also at risk if they have to cross a public roadway from the job site to a staging area.

“If we're having people walking across the public street, we’re putting workers at risk,” Pearl said. “Guys get busy, tired, dirt in their eyes, they're sweaty, they might not be paying attention after the 100th time walking across the street.”

Pearl said the map showing swaths of parking around the construction site went out before it was shown to him. During the Monday meeting, he said Tabelski apologized for the miscommunication.

After Monday's council meeting, Council President Eugene Jankowski expressed frustration that some people seemingly can't accept that city management made an honest mistake.

He said that rather than castigating city employees, those affected should understand that a mistake was made and that the city is trying to rectify it.

“There were timelines that had to be met,” Jankowski said. “Rachael had an older drawing. It wasn't an updated drawing, and she thought she would be ahead of the game by getting it out to them.  When  Ken (Pearl) found out about it, he realized that she had sent out the wrong drawing. She apologized to everyone in the meeting earlier today (Monday), explaining that that was her mistake and that it wasn't intentional. However, I've seen affected business owners on Facebook saying the city lied and that the city purposely blindsided us. That's not true. It was an honest mistake. And we're doing our best to correct that.”

Jankowski suggested that small business owners might be more understanding of the fact that everybody is trying to do their best for the community.

“The part that really perplexes me is and it causes me severe disappointment, that we're trying to do something good for the community and our police department and our public safety, which is very valuable in this community. I really take public safety very seriously. And yet, we're meeting all this resistance over a few parking spaces we're trying to accommodate. But that doesn't seem to be good enough.”

Pearl noted that the public part of the police station construction story has always been that this was a three-phase project, with a new police station, new secure parking for the police, and rebuilt public parking.

People seem to have missed the “rebuilt public parking,” he suggested, because that means eliminating all of the existing parking lot.

“When you build a police station, you're talking about doing a 100-year building if you can pull it off,” Pearl said. “If I'm building a warehouse for my business, I might only care that it lasts 20 years. I’m going to invest low in it. A church might want the building to last 200 years. A car dealership, I'm gonna remodel it in five; I don't need certain standards the same all the time on a project. We spent a lot of time working out all this stuff. I think when this is all done for the public. They will get something that boosts that neighborhood. Because somebody's spending money on it, in my experience, that tends to give people comfort if they want to think about investing in something, new or remodeling something, because now somebody did it, values are going up a little bit. If nobody does it, nobody does it, you know.”

On Monday morning, workers moved a construction fence off the sidewalk behind a group of office buildings on Washington Avenue, Batavia, that was erected late last week in preparation for the start of construction of the new Batavia police station.

Dr. Tom Mazurkiewicz said he and other businesses in the complex were upset with the placement of the fence and even just moving it off the sidewalk isn't good enough.

He claimed that city officials presented plans to the businesses showing the fence being placed in the parking lot, where space is striped for a second row of cars, keeping the first row open for business parking.

After the fence was erected, he said city officials told him OSHA requirements dictated the location of the fence and "the plan changed."

He doesn't believe there is an OSHA requirement for that particular placement of the fence.

"They're just lying about everything," Mazurkiewicz said. "It's a mess."

Brett J. Frank, the city's director of public works, declined this morning to comment on the situation, citing a meeting planned for Monday evening as the reason.

City officials will meet with representatives of the businesses, which are mostly medical offices, at 5:30 p.m. at the current Batavia police headquarters. Mazurkiewicz said the issue has also been added to the City Council agenda for Monday. That meeting starts at 7 p.m.

On Friday, City Manager Rachel Tabelski put out a statement addressing the parking issues:

“The City of Batavia Police Department will move from their 167-year-old converted mansion, known as the Historic Brisbane Mansion.  There have been no less than five studies conducted since 1991 to determine the future of the police station in Batavia, as well as a citizen task force commissioned to investigate possible site locations.  The location of the new facility was identified by the task force.

“Working with the construction team, the City will continue to provide the community and surrounding businesses, and their patrons with free parking with some restrictions in place.  The safety of the construction workers and those using the Alva lot is the highest priority.  At this time, the West Side of the Alva Parking Lot is available for medical/customer parking; the streets of Washington, State, Bank and Alva have free on-street parking as well.

“Patrons of Washington and State Street businesses without mobility issues are encouraged to park in the City Centre lot, leaving adjacent street parking for individuals who need access.  The City recognizes that parking will be inconvenient, but the goal is to minimize the impact on businesses and residents.  The City looks forward to project completion and appreciates everyone’s assistance and cooperation during the 18-month construction period.

The lack of parking is costing him business, Mazurkiewicz said.  He had seven clients cancel appointments on Thursday and Friday and two on Monday morning. 

He had one 90-year-old client try to walk from the open spaces behind Millenium Computer to his office, which is at least 150 yards across three grass outcroppings that disrupt the sidewalk.

He said city officials told him they would create three on-street handicap spaces, but Mazurkiewicz believes that many elderly patients either can't or won't parallel park if that's required to use those spaces.

"We need at least eight handicapped parking spaces," Mazurkiewicz said.

He said one customer told him, "I can walk 20 feet, but I can't walk 150 yards," and he added, "What about a mom with a baby in a car seat? That's 50 pounds. Is she going to carry it 150 yards?"

When asked what he expected in terms of parking availability once construction is finished, he said he didn't know. "They haven't told us," he said.

The city is building a $15 million, 21,000-square-foot facility at Alva Place and Bank Street. It is partially funded by a $2.5 million USDA grant and low-interest loan from the USDA.

Joanne Beck contributed to this story.