2023 File Photo of a construction trailer being removed from the premises of Ellicott Station on Ellicott Street, Batavia as it sits uncompleted and in limbo. Several contractors have filed mechanics liens against businessman Samuel Savarino for nonpayment of goods and/or services. Photo by Howard Owens.
A recent peek at legal filings in Genesee County shows that five contractors have filed mechanics liens against Ellicott Station Commercial LLC, owned by Samuel Savarino, for labor and materials totaling more than $243,000 as of early September of 2023.
Ellicott Station, the four-story, 55-apartment complex at 56 Ellicott St. in downtown Batavia, has been left idling since Savarino shut down his Savarino Companies this past summer. Tenants were chosen, tax credits were promised, and paperwork was signed, yet he walked away from the deal, leaving the unfinished property in limbo.
One of those liens, filed by Carter Lumber Co. of Pennsylvania for $49,015.79, was later discharged or dropped. The lien was filed for several supplies, including framing lumber, Tyvek house wrap, anchor bolts, Simpson Hangers, and other framing materials that were installed beginning in September 2022, according to lien documents.
As of Sept. 13, the lienor, Carter Lumber Co., “does hereby consent that any notice of pendency/Lis Pendens filed against the private improvement be discharged of record,” a document states.
Available documents indicate there is a remaining $194,094.10 unpaid to the other contractors, including:
Truax & Hovey, Limited, of Liverpool,which filed a lien for $63,000. The unpaid sum was for labor performed on Gypsum Cement underlayment.
AmBuild Supply, LLC, of Fairport, for $89,746.30. The company provided materials valued at $235,974.89, of which $146,228.59 was paid for, documents state.
The remaining unpaid amount was for “labor and materials were performed and furnished for and used, and that the professional services rendered in the improvement of the real property hereinbefore described.” The date when the first time of material was supplied was Aug. 4, 2022, up to the last item being supplied on May 19, 2023, documents state.
Triton Mechanical, Inc., of Rochester, for $39,118.40. The company provided its first labor or materials on Sept. 20, 2022, up to Aug. 8, 2023, it states in related documents.
The contract was for HVAC installation with Savarino Companies LLC, and the lien is against Ellicott Station LLC.
DV Brown & Associates, Inc. of Tonawanda, for $2,229.40. The company supplied materials that were installed in the building on July 20, 2023, for linen chutes and carts, according to documents.
Documents also include a signed and notarized copy of Samuel Savarino’s agreement as grantor, to “hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of improvements before using any part of the total of the same for any other purpose.”
That agreement was signed on April 25, 2018. Savarino was grantor of the merged properties of 40 and 56-70 Ellicott St., which he completed with a quitclaim process for a dollar.
“The intent of this deed is to combine the described parcels into one tax map parcel,” which merged the former utility and Della Penna properties under Savarino’s ownership for what was originally described to be a microbrewery, restaurant, office/retail and market-rate-turned-affordable apartment project on the two commercial lots.
Due to wide gaps of delay before the project began, Savarino said his intended tenant from Buffalo for the brewery backed out. Savarino Companies would either find a replacement vendor or do it themselves, he said. That did not materialize, along with the anticipated completion of Ellicott Station by the summer and then the end of 2023.
Since the stalled apartment construction, officials from Genesee County Economic Development Center and the city have hinted that there are developers interested in picking up where Savarino left off, and Steve Hyde, CEO of the EDC, has promised that a good ending is possible.
“And you know, what I could say about Ellicott Station is I've been in the middle of discussions with the developer, general partner, the investors, and state housing. That's all in the sorting-out phase. But what I can say to you is it's likely we'll see a different general partner coming in at some point,” he said during a county meeting in September. “And I think what we'll end up with is a project that will be better than what we currently had or what was previously designed.
"I think there's some additional willingness by the housing HCR to work with us and be a little more flexible. It may not be perfect, but we'll end up with a better situation than we had," he said. "I can’t say any more than that right now. But at least it's in the sorting out phase, and there's quite a bit of interest.”
Toward the end of November, EDC officials severed their ties with Savarino Companies and asked for more than $1 million of tax benefits back.
The lien documents were obtained by The Batavian through December 2023.
The nation's defense secretary's treatment for prostate cancer has put the disease in the public spotlight again, and officials at Rochester Regional Health/United Memorial Medical Center had a specialist talk with reporters on Wednesday to help people better understand detection and treatment.
Lloyd Austin's struggle with prostate cancer and subsequent post-surgery infection led him to seek treatment without alerting the White House.
That, in itself, became a controversy, but as USAToday reports, many men are reluctant to discuss a prostate cancer diagnosis.
"I find that it's something that a lot of men don't talk about," Dr. Samuel Haywood, a urologist specializing in prostate cancer, says. "Men can be very stoic, and they don't like to talk about their health issues."
But facing up to prostate cancer can help men save their own lives, suggested Dr. Jacob Gantz, a urologist with RRH.
"It's crucial to be screened because by the time the disease, prostate cancer, would develop and cause symptoms, symptoms that the patient would be able to detect, it likely would be a very advanced disease and much more difficult to treat," Gantz said. "Catching prostate cancer early in its disease course makes the treatments much more effective. And it makes the treatments much more manageable and easier to do for the patient."
Screening consists of an annual PSA test (part of blood tests for an annual physical) and a digital rectal exam. Generally, men between 55 and 75 should be screened annually, but that can vary with family history. A man whose father, or a grandfather, uncle, or brother had prostate cancer is at greater risk of developing the disease. Black men are also at elevated risk for prostate cancer.
"Prostate cancer in its early stages doesn't cause any outward symptoms that a patient would be able to pick up on," Gantz said.
Treatment has evolved and improved over the years, and outcomes are often favorable, Gantz said.
"Treatment of prostate cancer is not one size fits all," Gantz said. "It depends on the patient's age, the stage of the cancer, potentially the degree of spread of the cancer. In some cases (standards of treatment include), watching the cancer, evaluating it over time with biopsies, as well as MRIs and other adjunctive tests to monitor the progression of cancer."
The cancer can sometimes be spot-treated in the prostate instead of treating the whole gland, Gantz said. That can help reduce the potential side effects of treatment.
Radiation treatment is also an option, he said.
If necessary, the prostate can be removed, called a radical prostatectomy. This is where advances in technology really make a difference, Gantz explained.
"Robotic-assisted removal of the prostate has kind of revolutionized the treatment of prostate cancer," Gantz said. "Before (robotics), the surgery was much longer. There was much higher blood loss, much more invasive, and it required a hospital stay for at least several days. Since the introduction of the robotic platform, the surgery has become minimally invasive. It usually requires only one night in the hospital and a catheter for a few days, and the recovery is much faster with good cancer outcomes as well. Long-term complications have also improved with the radical prostatectomy being done robotically, such as sexual side effects as well as incontinence due to leaking of urine, has improved as well. But that being said, despite it being minimally invasive, it is still a major surgery."
As with any major surgery, complications are rare, but also an ever-present risk. It was complications, reportedly an infection, that sent Austin back to the hospital on Jan. 1.
Gantz said he is, of course, not Austin's doctor, so has no specific information on his treatment or complications, but complications can include, he said, leaking urine (possibly the complication Austin struggled with, according to news reports), which can cause a bowel infection and for the bowels to not function properly.
"All of these complications, fortunately, as far as I can tell, from what I've read, are reversible and pretty easily reversible with no long-term damage," Gantz said.
Gantz emphasized that while prostate cancer is treatable, it takes a man to regularly see a primary care doctor to ensure it's detected early. Once discovered, the treatment strategy becomes a discussion for the patient and a urologist.
"Prostate cancer treatment really depends on the patient, the goals of the patient, their age, as well as their health status," Gantz said. "It's very important when deciding what treatments are right for a patient to have a dialogue with their urologist to weigh the pros and cons of each treatment and then, therefore, come to a conclusion about what's right for that patient."
As baby boomers, the Mancuso and Dipson theaters were essential to our childhoods.
A Saturday afternoon in the 50s and 60s would be spent at one of these theaters. If we took our pop bottles to your corner store and redeemed two cents for every bottle, you could save enough money to afford the .50 needed for admission to a movie.
We first had to check the Legion of Decency, a list of films nailed to the back door of our Catholic Church stating what movies were appropriate for our ages. Disney movies were at the top of the list of acceptable movies.
In the 70s, I remember exactly where I sat when I saw "Jaws." I can still remember the fear I felt when the great white shark opened its jaws and the screams I heard in the theater, including mine.
Theaters in Batavia have a very early history. Imagine, in 1874, an Opera House on Main Street. It had seating for 1,000 with a stage that could be converted into a dance hall. A balcony and seating boxes on either side of the stage were reserved for courting couples. John Dellinger built the Dellinger Opera House, the center of local entertainment for over 50 years. Most people saw their first live performance on the stage at the Dellinger. Road companies stopped in Batavia regularly in the 1880s and 1890s. Amateur shows could be performed on this stage one day, and the next day, you could watch professional acting companies take the stage.
In 1900, a store on Jackson Street was the site for the first showing of motion pictures. Later, silent pictures were shown in Ellicott Hall on Court Street. To make the silent picture more exciting, sound effects such as train whistles, blank gunshots, and the noise of crashing cars were added.
Batavia’s first theater was called the Lyric Theatre, located at 49 Main St. It had 36 seats fastened to the inclining floor. Other theaters, such as the Dreamland on Court Street and the Orpheum Theater at 122 Main St., were places to see “moving pictures.”
Two new moving picture theaters opened in 1913, the Grand at 72 Main St. and the Family Theatre on Jackson Street. The Grand could seat 584 patrons, and the Family Theatre could seat 600. A pianist or violinist could be heard while showing a moving picture, adding excitement to the movie.
A group of local businessmen financed the Family Theatre. It was considered to be one of the prettiest theaters in this area. The furnishings were from New York City and consisted of seats made of oak, 12 chandeliers, and a stage curtain that could be opened to show a stationary picture screen made of plaster.
Nikitas Dipson came to this country from Greece in 1909. He was interested in movie theaters, which began in 1913 when he lived in Jeanette, Pennsylvania, where he managed a small motion picture theater. He later moved to Batavia and managed The Family Theatre.
In 1914, he temporarily bought the theater on Jackson Street until he could build a new modern theater on Main Street. He purchased two buildings at 36 and 38 Main St. They were not big enough for his new theater, so he closed the Family Theatre and moved the films, screen, and pianist to the Grand Theatre.
The New Family Theatre could seat 700 people and reopened in 1923 with a high domed ceiling lighted with radiant light and a 21-foot-deep and 43-foot wide stage. The orchestra seats were sitting from the other seats by a walnut rail. A console organ was in the pit, and a fireproof curtain could be lifted mechanically to the roof. The sides of the auditorium were decorated on either side with mural paintings.
The Lafayette Theatre, built just to show films, stood facing the Family Theatre for over 40 years. In 1947, the Lafayette Theatre, the property of Nikitas Dipson, closed.
Nikitas Dipson finally could build his theater on 36 and 38 Main St. The theatre opened on April 17, 1947. The inner lobby was decorated with mural paintings depicting scenes from Genesee County’s early history. Floral designs covered the walls. After the house lights went out, the floral lights would glow softly for a few moments. This air-conditioned theater could seat 1,400. This theater would alternate with the Mancuso Theatre, housing the graduation exercises from Batavia High School and later Notre Dame High School. Dipson’s beautiful theater eventually fell victim to Urban Renewal in 1973.
Mancuso brothers decided to build a theater at 212 East Main St. It opened on June 4, 1948. The theater was as large as Dipson’s and advertised as modern as any theater in the country with “power enough to light a city.” It had excellent acoustics because of the construction of the walls and ceiling. The side walls were decorated with flat sculptured figures. It was considered at that time to be one of the most satisfactory little theaters outside New York City. On opening night, 1,600 people filled every seat for the showing of "The Emperor’s Waltz." Today, that theater saved from the wrecking ball is currently the home of City Church.
Nikitas Dipson dominated the motion picture business for 40 years, owning or operating all the motion picture theaters in the county at one time or another, including the two drive-in theaters on East Main Street Road and Clinton Street. Under an arrangement with the Mancuso Brothers, he ran the Mancuso Theatre, the Dipson Theatre, and the Family Theatre. Eventually, the two main theaters were ultimately divided into Cinema I and II.
In mid-1979, William Dipson and Mancuso Brothers asked the McWethy Construction Company to build two mini theaters on the northwest corner of the mall. The theaters opened in 1980 as Mall I and Mall II. After 33 years, the theater closed.
Over the years, Batavia has lost many buildings and businesses. In June 2013, Ken Mistler, a local businessman who owned several downtown businesses, purchased Mall I and Mall II Movie Theater. He remodeled the Batavia Show Time Theater and showed first-run movies for many years. He's currently renovating the theaters into a new entertainment venue.
It seems sad that all we have left from these beautiful historical buildings are memories and pictures from old postcards and newspaper clippings.
Photos courtesy Genesee County History Department.
On Thursday, Dec. 14, dancers arrived in their holiday garb and Santa hats to join in the celebration at the Christmas Dance for Genesee County’s Adults with Developmental Disabilities at the Byron Fire Hall.
The hall was decorated and the DJ alternated dance tunes with Christmas music as dancers moved around the floor. Snacks were prepared and pizza was served up by many members of the Byron Ladies Auxiliary as well as some volunteers.
Around 7:30 p.m. dance coordinator, Morgan Leaton grabbed the mic and got the group’s attention by announcing that Santa had arrived. Folks cheered as Santa, waving to everyone, walked across the dance floor, and was seated in his special chair next to the Christmas tree.
One by one folks came up and sat next to Santa. They each had some time to talk to Santa and pose for a photo. Santa gave everyone a Christmas gift. After everyone had their time with Santa, he waved goodbye and “Merry Christmas” as he walked out of the building and out of sight.
Toward the end of the evening, Morgan Leaton rounded up everyone for a group photo and reminded them that next month’s dance, the New Year’s Dance will be held on Thursday, Jan. 18. She promised the crowd a fun-filled evening to celebrate the new year!
The dances are open to anyone with developmental disabilities aged 13 and up residing in Genesee County. Proper staffing is required. If you want more information or wish to volunteer, please contact Morgan Leaton at 585-815-3157 or morganrleaton@gmail.com.
A Statement from Assemblyman Steve Hawley (R,C-Batavia) on the State of the State Address.
Press Release:
“Gov. Hochul has once again shown she is in lockstep with the radical majority in Albany. As if giving criminals a free pass and taking control away from local governments wasn’t enough, this administration seems hellbent on chipping away at Western New York’s way of life by doing nothing to lower the cost of living and allowing migrants to flood into upstate communities. Time and time again we have been let down and left out by big-city politicians. It’s time for our leadership to step away from these radical policies and start working for everyday New Yorkers.”
What began as a small outpouring of love in 2018 has grown into a ministry that not only nourishes the body, but minds and hearts as well. Pastors Meno and Erika Lopez spread the Good News of the Gospel, welcome all who need a friend, and value each person, no matter what phase of their sobriety or personal journey.
Team Lopez has found that food inequality often pairs with a hunger for the truth, a desire to fully be welcomed, and a need to walk with the Lord.
Throughout their years of ministry, they have witnessed hundreds of conversions and celebrated the lives that have started anew. With this spirit of community, care, and salvation the Lopez Pastors have taken the next steps to make a greater impact throughout all of Western New York.
Embodied by the good works they have accomplished, including bringing millions of dollars of food distribution to small communities with donations from Feed the Children and Convoy of Hope, they are taking one more step for a greater impact.
This missionary couple has announced that Outpour Ministries Evangelistic Hub and Distribution Center will host a Grand Opening on Jan. 19 at 47 West Main Street in Corfu.
Part of this Hub’s service will offer training and provide all the food that is necessary to impact small communities in Western New York.
The Lopez family’s most current need is to secure a truck large enough to pick up all food and necessary household items to continue their far-reaching community assistance. To learn more about partnering with Outpour Ministries, to offer a donation, or to volunteer, please visit outpourministries.org or call Pastor Erika Lopez at 716-237-0214.
The Genesee County 4-H Program is now accepting registrations for its 2024 4-H Youth Tractor Safety Program. The program is open to youth aged 14 and over and covers farm safety, tractor safety, tractor operation, and other related topics.
This program is a part of the National Safe Tractor and Machinery Operation Program, which is a certification program that allows youth ages 14 and 15 to be certified to legally operate farm equipment for hire. After completing the training course, youth will need to pass a written knowledge test and driving test to receive the certification.
The program is scheduled to run Saturdays, 8 a.m. to 12 p.m., January through April at farm machinery dealerships throughout Genesee County. The fee for the program is $25 and youth must also be currently enrolled 4-H members. Registrations are due Jan. 27.
To register for the program or receive more information, please contact the Genesee County 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 101. Registration forms are also available online at http://genesee.cce.cornell.edu/4htractorsafety
Please be advised that Blue Heron Construction will continue to work on interconnections to side streets for the Jackson Street water project on Thursday, beginning around 7:30 a.m. on Wood Street.
Loss of water should be expected in the surrounding area depending on valve closures. If discolored water occurs when water pressure is regained, please avoid doing laundry or cooking until the water runs clear.
We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.
Jalen I. Brown and Devante M. Wells are indicted on counts of grand larceny in the third degree, a Class D felony, criminal possession of stolen property in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, unauthorized use of a motor vehicle in the first degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, unauthorized use of a motor vehicle in the first degree, driving while ability impaired by drugs, a misdemeanor, reckless endangerment in the first degree, a Class D felony, two counts of criminal mischief in the second degree, a Class D felony, reckless driving, a misdemeanor. Brown and Wells are accused of stealing property from Dick's Sporting Goods on June 24 with a value in excess of $3,000. They were allegedly in possession of a stolen 2005 Buick. They are accused of coordinating their alleged theft together. They are accused of stealing a 2023 Volkswagen valued at more than $100. Brown is accused of driving the Volkswagen on Route 63 in the town of Alabama while impaired by drugs. He is accused of driving recklessly. He is accused of damaging a Sheriff's patrol vehicle and the Volkswagen, causing more than $1,500 in damage to each vehicle.
Devante Wells
Devante M. Wells is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree. Wells is accused of entering Kohl's Department Store on Feb. 13 with the intent to commit a crime, of stealing property more than $1,000, and of agreeing to participate in the alleged crime with another person.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on Aug. 8.
Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on July 18 in connection with a felony charge.
Terrance Falk is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Falk is accused of possessing a folding saw on Oct. 24 in the City of Batavia.
Ivette A. Dejesus is indicted on a count of bail jumping in the second degree, a Class E felony. Dejesus is accused of failing to appear in court on June 20 as ordered in connection with a felony charge.
Fernando Santiago-Vega and Robert L. Ball, III, are indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Santiago-Vega and Ball are accused of stealing property from Target valued at more than $1,000 on Jan. 20.
Jamie A. Dutton is indicted on counts of tampering with physical evidence, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor. Dutton is accused of hiding a glass crack pipe under a porch on Dellinger Avenue on Aug. 25. He is accused of attempting to prevent a government official from performing his duties.
Isrrael Obregon, Jr., is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony and DWI, a misdemeanor. Obregon is accused of driving on a revoked license on May 29 in the Town of Batavia while intoxicated.
Photo of "Mechatronics Lab" courtesy of GCEDC. It shows a student in the 2023 Genesee Valley Pre-Apprenticeship Bootcamp using the mechatronics equipment that youth apprentices train with at the Batavia Career & Technical Education Center.
The end of the NFL regular season brings words that I like to put into practice as an economic and workforce professional. None is better than the cliché than a team is “controlling its own destiny.”
It’s a reward and a challenge.
You’ve earned that control by outperforming your peers. You need to keep winning, and the next step of your journey is assured.
That’s also what makes this part of our workforce development calendar so energizing. Youth apprenticeships reward our most engaged students by giving them their pick of career opportunities.
Just ask Bailey Burdett, a current HP Hood technician and former Finger Lakes Youth Apprenticeship Program electro-mechanical technician graduate who has earned significant hours of related training and instruction that is applied to his apprenticeship coursework.
And although he needs to complete four years of on-the-job experience, he only needs to take four more classes during his apprenticeship to become a Journey Worker electro-mechanical technician.
Similar to players emerging as key playoff contributors, Bailey is getting his reps in as he grows, and the best part is that like NFL practice squad players, he and others in apprenticeship programs still get paid on the way to the big time.
Students can join the Finger Lakes Youth Apprenticeship Program during their junior year of high school where they will job shadow at various employers throughout the region including Tambe Electric, Oxbo, Nortera and others.
This is where students observe the type of work that is performed daily, taking in the bustling and robust atmosphere of the advanced manufacturing industry.
It’s like you’re the rookie who was just drafted and are trying to find your way in the professional world. You get to take in practice and have an older veteran take you under their wing. This process is all about asking questions and figuring out where you fit in. Taking this portion of the job seriously is essential if you want to succeed in this evolving industry.
The real fun begins after your job shadow.
In your senior year, after you receive in-class instruction using state-of-the-art mechatronics equipment at Genesee Valley BOCES in the morning, you will go to your designated employer to receive paid on-the-job training.
This is your time to shine! You get to showcase everything you learned the past year and prove to your peers and teammates why you belong in your industry.
After the youth apprenticeship program, you will have received up to 288 hours of training, equivalent to two years of apprenticeship-related training and instruction.
You’ll be well on your way to completing your apprenticeship hours required to work as a technician, and getting a head start against the competition.
Be like Bailey and the dozens of graduates that have completed these programs. Take your career into your own hands!
Coach SwazZ is ready to help, to answer your questions, and to make a connection for you. Contact me at 585-343-4866 or csuozzi@gcedc.com.
It's standing room only as 100 registered attendees take advantage of a free presentation hosted by Genesee County Chamber of Commerce Tuesday at Eli Fish. Photo by Joanne Beck
How do you organize a total solar eclipse party? You planet.
It wasn’t long before the collective “ahhhh” came from an audience Tuesday that had registered for retired science teacher and NYS Science Teacher’s Association fellow Gene Gordon’s total solar eclipse presentation.
While there may be some people still uncertain as to why this is a big deal for Genesee County, those 100 folks can now appreciate that, come April 8, when a total solar eclipse occurs, “Buffalo, Batavia, and Rochester are right smack in the middle of it,” Gordon said.
“So you can actually be looking and watching it getting closer and closer, which is a really cool thing,” he said during the event at Eli Fish Brewing Company in Batavia.
Not to confuse that comment with his warning a few minutes later. For those intending to view the eclipse, do not look at the sun, he said. He equated that to staring at the UV light emitted from welding equipment, which will burn your corneas, he said. That’s what those funky black-and-white cow-themed 3-D viewing sunglasses are for, he said, referring to the free pair everyone received with registration.
As for warnings, that also goes for taking photos or using binoculars or a telescope without solar filters, he said.
Gordon’s work included creating a NASA research class, and science.nasa.gov has images and details about the eclipse and a description of what will actually happen on April 8: A total solar eclipse happens when the moon passes between the sun and Earth, completely blocking the face of the sun. People viewing the eclipse from locations where the moon’s shadow completely covers the sun – known as the path of totality – will experience a total solar eclipse. The sky will darken as if it were dawn or dusk. Weather permitting, people along the path of totality will see the sun’s corona, or outer atmosphere, which is usually obscured by the bright face of the sun.
Once the eclipse arrives, it will be evident by a blanket of darkness. Even if it gets cloudy, viewers ought to be able to see totality, he said.
Animals, highly sensitive to shifts in nature, may give clues for the impending arrival by acting differently, possibly wanting to hide or respond as if it’s actually nighttime (so nocturnal creatures might be waking up) even though it will be approximately 3:19 p.m. on that Monday afternoon.
Think everyone else will be hard at work? Maybe not. School districts are closing for the day so that students can participate in eclipse activities, and the Chamber of Commerce and other area organizations and businesses are planning events to celebrate what will be a once-in-a-lifetime happening for many citizens, especially right here in Genesee County.
The next total solar eclipse will be on Aug. 23, 2044, to be visible from Greenland, northern Canada and in Montana and North Dakota.
Scott and Becky Kelley of Batavia plan to take the day off from work so that they can participate in this piece of local history with their three-year-old grandson.
“He’s very interested in planets,” Scott said. “He knows all the planets, he loves anything to do with space.”
The couple plans to do something with family in a field in Le Roy that day. Their grandchild served as motivation to attend the presentation, and they learned a few things about the upcoming event.
“I didn’t know what to expect, it was very interesting,” Becky said. “I didn’t know the exact times.”
The eclipse path should begin to arrive around 2:06 p.m., and in Genesee County at 3:19 p.m., with a maximum time of 3:21 p.m., Gordon said. The total eclipse is to end by 3:23 p.m. “You’ve got around four minutes,” he said.
One of the “coolest things” to do before, during and after the event is to definitely take photos, Gordon said, but focus on the people and activities around you.
“It’s a party,” he said. “And stay a couple of hours afterward; the roads will be jammed. Try to have fun and experience it in a meaningful way.”
Janice Spiotta joined her mom, Mary Hodgins, for the outing, and they are planning for a family gathering --- with one member coming from Boston — on April 8 as well. It seemed like a good idea to attend the presentation for future planning, Janice said.
“Because it's a once-in-a-lifetime event, and I want to learn what I need to know to make the most of the viewing and see what's going on in our community,” the Batavia resident said, answering where she would view the eclipse. “I’m not 100 percent sure yet. We live in the town where there's not streetlights and it's darker, so we may just do it in our backyard. But I've also heard that maybe the Genesee County Park, or at DeWitt Park, might be good locations. So we haven't decided yet.”
They each found some of Gordon’s talking points surprising.
“The size of it (compared to other planets), I was amazed at that,” Hodgins said. “I have a lot of people coming here from out of town, one of my daughters is coming in.”
Spiotta thought the impact on animals was interesting, she said, “and we’ll hear the birds and the activity of even crickets and things before we even can see it ourselves.”
“I thought that was fascinating,” she said.
Chamber marketing director Katy Hobbs reminded attendees that they can purchase the book, “Genny Sees the Eclipse,” a children’s book that describes how the animals respond to the eclipse and ensuing darkness, and other related merchandise, plus see the list of upcoming events at GeneSEEtheEclipse.com.
Retired science teacher, NYS Science Teacher Association fellow, state mentor and NASA research class creator Gene Gordon exudes his passion for a total solar eclipse to hit this area on April 8 during a talk Tuesday in Batavia. Photo by Joanne Beck
It's standing room only as 100 registered attendees take advantage of a free presentation hosted by Genesee County Chamber of Commerce Tuesday at Eli Fish. Photo by Joanne Beck
Presenter Gene Gordon shows the view of an eclipse up on screen. Photo by Joanne Beck
Katy Hobbs of the Chamber of Commerce reminds folks that they can find a list of upcoming eclipse events and the online shop for merchandise to commemorate the April 8 total solar eclipse. Photo by Joanne Beck
Public notice is hereby given that continuation of the organizational meeting held by the Byron Town Board will take place Jan. 10 at 7 p.m. at the Byron Town Hall, 7028 Route 237, Byrons, NY 14422.
Richmond Memorial Library invites adults and teens to participate in A Blizzard of Reading from January 8 – March 1! The program is open to any adult or teen ages 13 – 17.
In order to be eligible for prizes, participants must have a valid library card from any library in the NIOGA system. Each participant can earn up to 6 grand prize entries! Read four books (or three books and a magazine) to earn entries for a chance to win prizes. Attend a library program and play our literary locations scavenger hunt around the library for a chance to earn more entries.
Grand prizes:
Adult Grand Prize 1: Wooden book valet- conveniently holds your book and a mug of something warm and cozy.
Adult Grand Prize 2: $25 to Author’s Note Bookstore in Medina
Teen Grand Prize: Play for a chance to win your very own book cart!
All prizes and information are on display in the lobby of the library.
All who participate will receive a custom Blizzard of Reading bookmark at the end of the program. Registration begins at 9 am on Monday, January 8 at the library or batavialibrary.org and continues throughout the program. For more information about upcoming library events, visit batavialibrary.org/calendar.
Genesee Valley Wind Ensemble (GVWE) invites the public to join them at GO ART! for their Winter Small Ensemble Recital on Saturday, Feb. 3 at 4 p.m.
The purpose of the GVWE is to serve and to provide the Greater Genesee Valley audience with new and familiar live music, to serve its membership with the opportunity to perform challenging wind ensemble literature, and to create the opportunity for the conductor and musicians to grow their collective musical talents.
Admission is $10 for adults, $8 for seniors (55 and older) and veterans, $5 for students (with ID), and children 5 and under are free.
Tavern 2.0.1 will be open during the event with beverages available for purchase. This program is made possible, in part, with the support and collaboration with the Genesee-Orleans Regional Arts Council. For more information please contact geneseevalleywindensemble@gmail.com or visit www.geneseevalleywindensemble.org.
A city revenue workgroup brainstormed several potential strategies in the past few months for ways to infuse the city’s coffers, including boosting the tax base with new developments; encouraging legal retail cannabis shops; pursuing voluntary public service contributions from nonprofits; selling off city properties; and enact a stormwater user fee.
Out of the myriad suggestions and ideas, they’re all on the table, with not one seeming to be the magic solution just yet, City Manager Rachael Tabelski said during a review of the process so far.
City Manager Rachael Tabelski Photo by Howard Owens
“So the workgroup wanted to find new revenue sources to continue to assist the city in keeping a low tax rate while providing critical services to the residents, as current major revenue sources are limited, and rely heavily on property and sales tax,” Tabelski said during City Council’s business meeting Monday at City Hall. “And just to note, the aid from the state has not increased nor decreased in the last five-plus years. But I want to point out that our group didn't find a single silver bullet.
"There's no one answer to give us a sustainable revenue source that's going to allow us to pay our employees the wages they deserve to do the work that our residents require," she said. "So it's going to be an amalgamation of many different strategies, some that are one-time revenue sources, some that we might be able to count on an ongoing basis, like the cannabis tax.”
The goal of the group, first and foremost, was to understand the current sources and trends of revenue, and then to draft new ideas for how to bring in more of it, she said.
She noted that the property tax levied in the city “has grown slowly over time, as has sales tax revenue that has remained flat,” including the cable franchise fees, utilities and state aid. Fines, forfeited, and parking ticket revenues have decreased significantly, though new software has allowed for online parking ticket payments, tracking — and even an opportunity to dispute them, Police Chief Shawn Heubusch said.
That new system will be a way to bring those numbers up to estimated revenues of $25,000 in 2024-25, he said.
Tax-exempt properties make up 32 percent of the tax base in the city, which is a lower number than some council members expected, they said. And it’s about half of the nonprofits in other municipalities such as Salamanca, Rensselaer, Albany, and Ithaca, according to group findings.
Newly reelected City Council President Eugene Jankowski Jr. Photo by Howard Owens
“I think it’s important that you put that stat in there, because it seems like more, you know what I mean? I mean, compared to the feedback I received from the public, it seems like we're being overrun with nonprofits. I kind of thought the same thing. That perception was off from the reality of this statistic. Because when you look at this statistic, we're not going to be as bad,” Council President Eugene Jankowski Jr. said. “So maybe we should be aware of it early. It's a good thing. So that we can keep an eye on that, so we don't get overwhelmed. Like 60 percent, that's a lot.”
The point was that other municipalities, many with larger portions of non-taxpaying property owners, have approached these owners and asked if they would be willing to pay something for their police, fire and any other public services received.
In one case, a university agreed to help out and paid a regular, and "lucrative" fee -- only after being asked for it.
Tabelski also reviewed a stormwater user fee that would be paid for by all property owners.
“So any building or parcel that is a sewer or water user today, pay sewer and water fees to the utility. While they may not pay property taxes, they still have to make those utility payments,” she said. “If we were to continue to explore sectioning out stormwater as a utility, which I do feel is a very good idea because we have multiple different unique characteristics of stormwater in our city, including the big ditch and the Grand Canal that we certainly could formulate capital plans for. We wouldn't be able to spread that user fee across anyone who has an impervious surface area. And we might be able to reduce that fee. Now, it would not be part of the general levy. For our property owners, it would be a utility user fee. So the more square feet or surface area you have, the more you would pay in a runoff stormwater type fee.”
This involves a complete analysis of the maintenance of the stormwater system to determine whether existing operation and maintenance gaps exist, Tabelski said. If gaps are identified, the analysis will provide an estimate of additional tasks necessary to rectify these gaps and how that would impact future revenue requirements for the Stormwater Fund and capital improvements.
Stormwater currently functions as a department within Public Works and is supported by the taxpayer through property and sales tax and other revenue generation.
Councilman Bob Bialkowski said that he is against this suggestion for individual homeowners, especially in a time of inflation. Fellow member Al McGinnis, who first raised the issue of increasing revenue by tapping nonprofits to contribute something toward their public services, said it's a fair system for everyone.
City Councilman Al McGinnis Photo by Howard Owens
“This was a revenue enhancement that overall helps us lower taxes … We've got 32 percent of the city that doesn't pay taxes. They don't pay for fire. Nothing for DPW, they don’t pay for police. This is a way of leveling the playing field, and having skin in the game,” he said. “There's nothing wrong with having tax-exempt pay their fair share. And this is part of that. It is morally wrong to have them get services and not pay for them.”
That wasn’t the point for Bialkowski and his constituents, he said.
“I’m sorry, I know what you’re trying to do. I agree with you. But there might be a need to look at other ways, other methods, “ he said.
He routinely gets phone calls from people who are leaving New York because of the cost of services, he said.
One of the newest ways to raise revenue has been legalized cannabis sales, and resulting sales tax for the city, Assistant City Manager Erik Fix said.
A pop-up retail cannabis shop at Empire Hemp on East Main St. this past fall was able to take advantage of the city’s opt-in with the state, and two dispensaries have completed documents with the intent to open retail locations for a projected $750,000 in sales in this next year, Fix said. That’s to bring in about $33,000 in sales tax revenue.
“So that is a little spot that we're hoping to see some help in the current year going forward,” he said. “So kudos to council for opting in on that as an opportunity to grow some revenue.”
The workgroup explored other options of selling defunct and brownfield city properties and a possibility having to do with Climate Smart Communities that “has just come to our attention,” Tabelski said.
"If you garner enough points, they are giving communities $10,000. So we need to look into that and see if we'll qualify and what activities Council might need to take if we need to become a climate-smart community,” she said. We also looked at public safety payments from corporations when they enter into PILOT agreements as an option, but again, these are one-time revenue payments, not something that would be operationally sustainable in the long run, like your sales tax or your levy.
"So, I reminded you the document is still under review. The first strategy explored is continuing to grow the city's tax base through new investment and the continuation of market rate assessed value," she said. "Additional revenue is only created when the tax levy increases, not when assessment increases. However, additional growth is created when the overall assessment of commercial and residential property increases.”
Group member Matt Gray said that, given his background as a business owner and property developer, “I think increasing the property value across the city through economic development is our easiest way to go.”
“We have to be behind new projects and make development, I feel, as turnkey as possible or as easy as possible so that we not only benefit from an increased tax base, but the community itself, benefits from just having development here,” he said. “So a great example right now is Carrs Reborn. We are months away from that beginning. That's an increase in property value through development. I think those are the things that I think are the lowest hanging fruit for the city in order to increase our tax base.”
Fellow member RaeAnn Engler had similar sentiments about increasing overall investment in the city, and both also said it was fair to approach nonprofits for a contribution to help pay for public services and stormwater user fees.
“And I think it's a very good point that they made that it's an ethical and moral, correct move for them to participate in the community, essentially,” Engler said.
“I agree with Matt on strategy one, which was to increase the value of the community, whether that's through increased value in the market values or developing projects that bring new businesses and thus new taxpayers into the community, which helps to build revenue for the town to continue to grow,” she said. “I think all of these strategies were good approaches. I don't know how much money they're going to make. They're going to hopefully help distribute the tax burden among the residents more equitably.”
The group and council are to continue the research and discussion as to which strategies to choose and how to proceed.
Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.
Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.
Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.
Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.
Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.
John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation. Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.
Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.
Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m. No release status listed.
Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd. Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.
Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.
Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.
Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.
Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond.
Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.
Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.
Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.
Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.
Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.
A building at 3399 Buffalo St., Alexander, a former medical office, that has been the subject of a decade-long legal battle between the Village of Alexander and C&D Design, Build, Development, a Corfu-based business. Photo by Howard Owens.
After an adverse ruling against the village of Alexander in a property condemnation case, the village and its code enforcement officer have filed a malpractice lawsuit against the Attica-based law firm and the lead attorney who handled the case.
The suit names as defendants Dadd, Nelson, Wilkinson & Wujcik, PLLC and attorney James M. Wujcik.
Wujcik, until last week, was county attorney for Genesee County. He served one term, which is two years.
County officials said the decision to replace Wujcik with Mark Boylan had nothing to do with the malpractice accusation.
Neither Legislature Chair Shelley Stein nor County Manager Matt Landers revealed any concern about Wujcik's job performance.
At Wednesday's organization meeting of the County Legislature, all Stein said about Wujcik was that he decided to pursue other opportunities. In response to an email from The Batavian on Thursday, Stein said she knew nothing of any lawsuit naming Wujcik and had no further comment.
"I'll learn with your readers," she said.
The Batavian submitted a Freedom of Information request to Landers requesting any letter of resignation or any written notice of termination, and Landers said there was no responsive document.
Landers said Wujcik had come to the end of a fixed two-year term. He did not resign and was "not encouraged to resign as his term was coming to a natural end."
The lawsuit was filed in August, and The Batavian learned of it after a person who did not include a return address on the envelope sent a copy to the publisher.
On Wednesday morning, The Batavian emailed a request for comment on the pending lawsuit to Wujcik at his law firm address and he has not responded.
Wujcik and the firm have retained legal counsel, The Batavian was told by a source, but those attorneys have yet to file a response to the lawsuit, and no hearing date has yet been set for an initial appearance by both parties in the Supreme Court.
Alleged malpractice suit The plaintiffs are the village of Alexander and Daniel J. Lang. Lang is the code enforcement officer for the Town of Batavia, which has an inter-municipal agreement with Alexander (as well as other towns and villages in the county) to provide code enforcement services.
Until April 2023, Dadd, Nelson, Wilkinson & Wujcik provided municipal legal services to the village of Alexander.
In November 2015, Corfu-based developer and property management firm C&D Design, Build, Development, filed suit against the village and Lang alleging that a building owned by the firm at 3399 Buffalo St. had been improperly condemned in September 2013.
The village, under terms of its agreement with its law firm, selected Wujcik as a lead attorney to handle its defense, a position he held throughout most of the legal battle, which is now entering its 11th year.
The village dismissed the law firm and Wujcik sometime after Genesee County Supreme Court Justice Diane Y. Devlin issued a summary judgment in favor of C&D Design and its owner Gary Dominick, also a principal in the development firm Dominick & Daughters.
The village's lawsuit against Wujcik and his firm states that Alexander and Lang stand to incur significant monetary damages as a result of the summary judgment, which the suit blames on Wujcik's handling of the case after a previous ruling in favor of the village was overturned by an appeals court.
The potential monetary losses, which have yet to be decided by the court, will not be covered by insurance, according to the suit.
The suit alleges that Wujcik:
failed to preserve and protect the rights of the village and Lang through the C&D proceedings;
failed to respond to discovery demands;
failed to oppose discovery motions, resulting in sanctions;
failed to adhere to two separate orders directing the village and Lang to provide complete responses without objection to those discovery demands;
failed to appeal the summary judgment in a timely manner;
failed to raise appropriate legally viable affirmative defenses; and
failed to communicate with the village and Lang to keep them informed of developments in the case.
"But for the defendants' (Wujcik and his firm) legal malpractice, plaintiffs (village and Lang) would have successfully defended the underlying lawsuit," the lawsuit against the Attica-based law firm states. "Plantiffs' actions with respect to C&D's property at issue in the underlying lawsuit were motivated only to address complaints regarding life and safety at the property owned by C&D. All of the plaintiff's actions were in compliance with the New York State Uniform Code. Plaintiffs' actions afford C&D due process with respect to actions taken by plaintiffs in the Zoning Board of Appeals and through an Article 78 proceeding. C&D did not avail itself of the opportunity to challenge plaintiffs' conduct prior to the commencement of the underlying lawsuit."
The suit states that because of the alleged malpractice, Devlin found in favor of C&D on Aug. 18, 2022, in a summary judgment (no trial) on its claim that its due process rights were violated and awarded C&D legal fees and expenses and ordered a hearing to determine the amount of C&D's damages.
"After entry of the Aug. 22, 2022 order, defendants failed to timely file a notice of appeal with respect to that judgment and failed to inform plaintiffs of the adverse judgment," the suit states. "Instead, defendants filed a frivolous motion to reargue on plaintiffs' behalf that had no chance of success because it was not the proper vehicle to challenge the court's ruling."
Foul odor Events leading up to the "underlying case" began in the late summer of 2013 when at least two employees of Dr. Mary Obear, who operated a clinic in C&D's building, complained of foul odors in the building and were diagnosed with a respiratory illness.
According to court documents, the building was constructed according to Obear's specifications in 2012 and received a certificate of occupancy signed by Karl Bender, the village's code enforcement officer at the time.
In response to the complaints about the odor and ailments, according to Lang's statements in court records, Lang was granted access to the building on Sept. 4 by its legal occupants and commenced a visual inspection. Court documents state he discovered 37 code violations during that visit and that, coupled with the reported odors and illnesses, he condemned the building on Sept. 9, 2013, requiring Obear to immediately close the clinic.
The building was posted as condemned over the next two years, so at this point, Dominick filed a lawsuit alleging that the village condemnation was unnecessary and violated the law and his Constitutional rights.
He claimed that village leaders had a history of retaliating against citizens who complained about village actions and that he had been vocally critical of village decisions more than a decade earlier, suggesting that the condemnation of his building was an act of retaliation.
On Sept. 24, 2015, the village delivered to Dominick a list of 80 alleged code violations. Dominick's attorneys characterized the list as a vague recitation of code sections without listing specific violations, but some of the violations listed are specific.
The letter, which is part of the court record, states that the main beam for the structure does not meet NYS uniform code requirements, the foundation system is not built as designed, the floor joists have been cut, notched, sawed, and are not in compliance with code, that there was seepage through the wood foundation, which was not constructed in accordance with the design, and that Lang viewed unapproved methods of construction through the structure.
"Due to the conditions present during our visit, we deemed the condition of the structure unsafe," the letter states. "Due to the lack of required documentation provided for this structure and the contractor not following the submitted plans, I am also in question of all structural elements of the building not in the submitted drawings that we cannot visually inspect."
The letter asked that prior to anyone undertaking any repairs on the building, that a full structural analysis and evaluation by a licensed engineer be completed.
As for the odor complaints, Dominick hired Lozier Environmental Consulting, Inc. to conduct fungal air sampling. The consultant determined there was mold in the building, but the spore concentration in the occupied areas of the building was within acceptable air quality standards. However, the same inspector found penicillium/aspergillus spores in the basement at levels that are considered unsafe. The consultant recommended several actions to remediate the issue.
In one of his answers to court filings, Lang seemingly cited this report as support for the condemnation, but attorneys for Dominick note that the report was completed after the condemnation. It also did not support condemnation, they asserted, because air quality in the occupied part of the building was found to be within acceptable limits.
C&D vs. Alexander lawsuit In late 2016, the attorney for C&D filed an amended complaint that focused on trespass (alleging Lang entered the premises without permission), nuisance, inverse condemnation, tortious interference, and violation of civil rights.
The complaint was amended again on Jan. 22, 2018, seeking damages for violations of Dominick's civil rights under the First, Fifth, and 14th Amendments to the U.S. Constitution and violations of the state Constitution.
The suit claimed that Dominick's rights to due process were violated because he was not afforded the right to a hearing on the "taking" of his property by the government.
Dominick's attorneys claimed in multiple filings that C&D was entitled to either a hearing before the building was condemned, or in the case where immediate condemnation is a matter of imminent public safety (which the attorneys said was not the case), a hearing after condemnation.
Wujcik argued that Dominick foreclosed a hearing at the village level when he retained an attorney who ordered Lang to have no further communication with his client, indicating pending legal action. He also argued that C&D chose to forego its right to an Article 78 proceeding and instead chose to file a lawsuit. In either case, any lack of due process, according to Wujcik, was at C&D's doing, not due to conduct by the village nor Lang.
In an eight-page order issued on Dec. 18, 2018, Judge Emilio Colaiacovo dismissed C&D's entire case.
Colaiacovo found that Lang operated within the scope of his legal duties as a code enforcement officer, with a reasonable belief that the building on Buffalo Street was a threat to public safety, and that Lang acted without political motivation and his actions were not arbitrary.
"Defendants have provided ample documentation justifying their decision to placard the property,' Colaiacovo wrote. "While they may have disagreed with the decision or the reasons offered by Lang, the plaintiff has not demonstrated any egregious municipal misconduct. The record is bereft of any 'political concerns' that prompted the determination of the village or its building inspector. While arguably, the plaintiff may be able to show that the defendants misinterpreted the village or state building code, that in and of itself does not constitute egregious official conduct motivated by the color of politics."
Overturned on appeal Attorneys for C&D appealed the decision, and on Aug. 25, 2020, the Appellate Division of the Fourth Department, Supreme Court of the State of New York, overturned Colaiacovo's decision.
"Initially, we agree with the plaintiff that the court erred in converting the defendants' motion to dismiss to one for summary judgment," the appellate justices wrote. "The court did not provide 'adequate notice to the parties that it was doing so, nor did defendants and plaintiff otherwise receive adequate notice by 'submitting facts and arguments clearly indicating that they were deliberately charting a summary judgment course."
The ruling was not entirely favorable to C&D, however, with the court finding that the court properly denied the plaintiff's motion because the plaintiff failed to establish that it is entitled as a matter of law to the relief it sought as part of the suit -- removal of the placard on the building declaring it condemned.
The case was returned to Genesee County Supreme Court for further proceedings, which eventually led to the summary judgment by Devlin in favor of C&D.
According to a notice posted in a window at 3399 Buffalo St., Alexander, Dominick has been granted a permit to convert the former medical office building into four apartment units.
2023 File Photo of a Bethany resident filling up his water tote due to severe drought and dry residential wells, a situation that hasn't changed as we head into 2024. Photo by Howard Owens
Declaring a State of Emergency hasn’t produced a miracle in terms of water for the dehydrated town of Bethany, Supervisor Carl Hyde Jr. says, but it has established the seriousness of what town residents are facing for their future needs.
“It lets the state and federal officials know the dire situation we are in, and when we file paperwork for Water District 5, that it is expedited,” Hyde said to The Batavian Thursday. “The DHES (Department of Homeland Security and Emergency Services) is looking to figure out what else they can do to help out the residents. And when it comes time to review the paperwork, we have priority.”
As the declaration stated, there are 100 residential properties and two large farms without water due to empty wells. All of them are having to travel to fill water totes on a regular basis to meet their needs, including one farm that requires 60,000 gallons a day to sustain its operation.
“That means having drivers and trucks, some are paying to have it hauled, and the fuel expense,” he said. “There’s a lot of money tied up in this.”
Lack of precipitation has taken the blame for the severe drought in the area, and with little rain and snow yet to come, wells have not recharged and “we still have people that are running out of water,” Hyde said.
There have been a few bright spots in this section of Bethany desert: a state water tanker was sent to the town for a month so that citizens could get their water totes filled at town hall; private donations generously supplied residents with several pallets of bottled drinking water; and a second attempt for a state grant to shore up funding for Water District 5 was approved at the end of 2023.
Right now, it’s full steam ahead with the legalities for the water district, Hyde said. Since the original budget and related funding fell through due to COVID issues, a new budget and paperwork need to be drafted, and another public hearing will have to be scheduled, he said.
“The water district is still moving forward. We’re waiting to hear from the town’s attorney about the public hearing … that should be in the next two to three weeks. Because of the budget overrun, we have to take it back to the residents,” he said. “We have the full funding for the project, (the residents’) cost doesn’t go up, we have to make them aware of where we’re at in the process of doing the legal stuff.”
Rows of glass windows are being installed as part of what officials have described as the open-air feel of the new Healthy Living building in downtown Batavia.
The site that will merge Healthy Living programs with YMCA received some hoopla in a beam-signing celebration at the end of November, and crews have been working towards sealing up the exterior in preparation for inside work on the 78,000-square-foot facility.
Once completed, there will be a children’s Adventure Room, indoor playground, intergenerational room filled with interactive games, a large upstairs track, a swimming pool equipped with underwater benches for swim lessons, a splash pad, and wheelchair and walk-in access.
There will also be universal pre-kindergarten, morning daycare, and after-school classrooms, plus supervised childcare with options, expanded hours, and universal standards to bring everything to beyond the Americans with Disabilities Act code, officials have said.
The medical and wellness facility is to include state-of-the-art exercise equipment, a teaching kitchen, 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services.
The new campus is to be completed by sometime this fall.
