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A Batavia man who disappeared for seven months after being released from custody following a weapons conviction had his scheduled sentencing delayed for three weeks today so his new attorney can get up to speed on his case.

Nathan Pace, who is now assigned council for Devon Wright, asked for an adjournment.  

County Court Judge Melissa Lightcap Cianfrini granted the request. The new sentencing time and date is 3 p.m. Oct. 18.

Wright was a co-defendant in November in a case involving a gun deal gone bad at the Days Inn six months earlier when he entered a surprise guilty plea to counts of attempted criminal possession of a weapon 2nd, and attempted criminal possession of a weapon 3rd. He also entered guilty pleas to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

The pleas satisfied charges from multiple arrests over the previous 12 months and came with a 10-year sentence cap. When he failed to appear for his initial sentencing date and became a wanted man, he jeopardized his sentencing cap.

Wright was located in Lockport in July and has been held in the Genesee County Jail since his arrest. 

In the November trial Wright's co-defendant, Jacob Sponaugle, was found guilty by the jury of:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony
• Criminal possession of a weapon in the second degree, a Class C violent felony
• Aggravated criminal possession of a weapon, a Class C violent felony
• Criminal possession of a weapon in the third degree, a Class D felony
• Criminal using a firearm in the first degree, a Class B violent felony
• Criminal using a firearm in the first degree, a Class B violent felony

Sponaugle was sentenced in December to 15 years in prison.

Sometimes remarks have to be said even though they might upset people.

City Councilwoman Patti Pacino gave that warning during Monday’s conference session as the council discussed using leftover event money for a proposed Wing Ding. What she was going to say would probably anger her colleagues, Pacino said.

“While I think the Wing Ding is fabulous and it is an event open to everyone, we used to fund the Picnic in the Park, which is also for everyone,” she said in the Council Board Room of City Hall. “GO Art! had to cancel the picnic.”

Proposed by Assistant Manager Erik Fix, the amount of $9,188 remaining from the city’s Centennial Celebration in 2015 could be transferred into a Wing Ding account if council approved the move. Former Centennial Committee members Krysia Mager and Chairman Paul Battaglia had agreed to the use of funds in addition to others Fix had spoken to, he said, and some members of the resurrected air show had said they would help with the city’s event.

The city used to contribute money — about $2,500 — to the annual Picnic in the Park, but began to cut back over the last few years, and did not fund it in 2019, 2021 or 2022. The Original Red Osier Landmark restaurant presented the event in 2019, and a virtual picnic -- sponsored by several entities including the city --  was shown on YouTube in 2020. The picnic was canceled in 2021 due to COVID protocols and lack of sponsorship, and canceled again in 2022 due to lack of sponsorships.

Pacino said she would vote for the Wing Ding and transfer of money, but expected support when a request for Picnic in the Park funding came around again.

City Manager Rachael Tabelski explained that “we realized that if we were ever to use those funds, it had to be run by the city,” she said.

The $9,000 and change came from corporate donations for the Centennial shindig on Dec. 31, 2014. Although some council members suggested getting the Business Improvement District involved, those unexpended funds need to be spent by the city during an event under the city’s authorization, Tabelski said.

Why not do it? said Councilman John Canale. He saw no reason not to move forward with a Wing Ding to coincide with the air show next fall.

“People loved it,” Canale said.

Councilman Bob Bialkowski questioned the input from a couple of former committee members as being a major reason for moving forward. Canale rebutted that it’s “only common courtesy” to include them since they worked on the former event. Both Battaglia and Mager gave their blessings to the Wing Ding receiving $9,188.

Council members discussed how future Wing Dings would be paid for, and agreed with Tabelski’s assessment that this would be a “one-time” transfer and that nearly $10,000 for the Wing Ding wasn’t going to be a yearly budget item.

After reiterating her stance that she is looking for future support on the Fourth of July picnic, Pacino summarized how important it is to her.

“I’ve been waiting four years to say that,” she said.

Council members agreed to move the matter to a vote during a future business meeting.

Top Photo: City Councilwoman Patti Pacino expresses concerns Monday evening about the city not funding Picnic in the Park while considering an infusion of $9,188 of leftover centennial event money into a future Wing Ding event. Above, Council President Eugene Jankowski, Paul Viele and Patti Pacino discuss the issue with remaining council members not pictured during a conference session at City Hall. Photos by Joanne Beck.

Ronald M. Washburn, 62, of Stafford, is charged with Course of Sexual Conduct Against a Child Less than 13, 2nd. Washburn is accused of having sexual conduct with a child on two or more occasions while babysitting the child in the City of Batavia between July 2008 and July 2012. The case was investigated by Det. Jason Ivison. Washburn was arraigned in City Court and released under supervision.

Samantha M. Kent, 29 of Le Roy, is charged with aggravated unlicensed operation 3rd, following too closely, failure to stop for a school bus, and driving while ability impaired by drugs. Kent was reportedly the driver involved in a school bus accident on Sept. 13 at 6:59 a.m. on Ellicott Street, Batavia. She was arraigned in City Court and released on her own recognizance.

Kevin D. Wolff, 51, of Sweetland Road, Stafford, and Cherie L. Bender, 52, of Sweetland Road, Stafford, are both charged with two counts of endangering the welfare of a child. Deputies responded to a call of a disturbance on Aug. 25 and as a result of an investigation Wolff and Bender were arrested on Sept. 22.  Both were released on appearance tickets.

Jessica B. Eschenlauer, 33, of Batavia, is charged with criminal contempt 1st, assault 3rd, and unlawful imprisonment 2nd. Eschenlauer is accused of violating an order of protection and punching another person during a disturbance reported on  Sept. 16 at 10:30 a.m. at a location on Eleanor Place, Batavia. She was arraigned in City Court and ordered to return at a later date.

George J. Horner, 33, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Horner is accused of entering a residence on Bank Street on Sept. 21 at 7:10 a.m. in violation of an order of protection. Horner was arraigned in City Court and ordered jailed on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of stealing property from a business on Oak Street, Batavia, on Sept. 11 at 11:11 p.m. Taylor was arraigned in City Court and ordered held pending his next court appearance. 

Albert G. Platton, 76, of Batavia, is charged with forcible touching. Platton is accused of touching a staff member of a facility on Richmond Avenue, Batavia, in a sexual manner.  He was issued an appearance ticket.

Nancy E. Chatt, 77, of Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and leaving the scene of a property damage accident. Chatt was allegedly driving a vehicle that struck a utility pole on Jackson Street on Sept. 18 at 8:52 p.m. She was arraigned in City Court and released on her own recognizance.

Brittanee J. Hooten, 33, of Batavia, is charged with petit larceny. Hooten is accused of shoplifting from a business in the City of Batavia on Sept. 17 at 11:30 a.m. She was issued an appearance ticket.

Rachel S. Wright, 18, of Batavia, is charged with harassment 2nd and criminal trespass 2nd. Wright is accused of trying to fight with another person on Sept. 18 at 4:54 p.m. at a location on North Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant on Sept. 18 at 12:30 p.m. She was released with an order to appear in City Court on Sept. 22.

Shyanna M. Williams, 19, of Hamburg is charged with aggravated harassment 2nd. Williams was arrested on a warrant based on a complaint filed on May 6. She was arraigned in City Court and released on her own recognizance. 

Amanda L. Huber, 40, of Batavia, is charged with failure to appear. Huber was arrested on a warrant following a police investigation into an incident on West Main Street, Batavia. She was issued an appearance ticket ordering her to appear on Sept. 15.

Jamie S. Schlonski, 50, of Batavia, is charged with petit larceny. Schlonski was arrested by State Police in connection with an incident reported at 5 p.m. Sept. 22, in the Town of Batavia. Schlonksi was released on an appearance ticket. No further information was released.

Market rate housing, the resurrection of Wing Ding, a craft beer festival and Alzheimer’s awareness walk, the Jackson Square redesign and a public hearing are all on tap for City Council’s conference meeting this week.

And that is to be followed by a special business meeting for several votes and an executive session to discuss “employment matters and real estate.”

The conference meeting is set for 7 p.m. Monday in the Council Board Room, second floor of City Hall.

Assistant City Manager Erik Fix is expected to outline a plan to create single-family homes and market-rate rentals to help supply Genesee County’s future housing needs of more than 4,800 units, according to a memo from Fix to City Council. The demand for housing is anticipated in correlation with the WNY STAMP project in the western part of the county.

“With low vacancy rates and free houses available for sale, if a surge of development attracted employment into the region, workers would need to look outside of the county for housing,” Fix said.

He is proposing that the Batavia Home Fund be established to capitalize Payment in Lieu of Taxes (PILOT) payments from project investors and land sales to plump up the fund.

The city will also be exploring a Core Housing Owner Incentive Exemption program based on a similar program in Rochester that provides exemptions for multi-family homes to convert to single-family homes, and for construction of new housing stock, Fix said.

As Genesee County, via a related committee, pursues hosting an air show once again, the city is considering resurrecting the Wing Ding that ran in conjunction with the former Wings of Eagles air show at Genesee County Airport. Fix is also expected to review the potential for a Wing Ding weekend, and transfer a leftover amount of $9,188 from the Centennial Celebration and move it into a Wing Ding account.

Air show committee leader and county highway superintendent Tim Hens has said that several people have asked that the air show be brought back, and many folks have shared fond memories from each event on opposite sides of the county -- at Genesee County Airport on Saile Drive and in downtown Batavia.

After years of committee meetings, investigation and talk about the potential for Creek Park, situated behind the ice arena, city officials are also expected to discuss the option of performing an environmental review for it to house a future business operation.

Eli Fish apparently doesn't want the fun to stop and has applied for a craft beer festival in Jackson Square later next month. That event, and an Alzheimer's awareness walk on Oct. 1 are up for review by council during its conference session. 

File photo of a previous air show. 

There are to be public hearings in each the city and county this week on the application and use of a $2 million Restore NY grant.

The city's hearing is during a conference session at 7 p.m. Monday in the Council Board Room, second floor, City Hall.

City Council's intended use for the grant is for the Carrs Reborn project in downtown Batavia. Cities with a population less than 40,000 can apply for up to $2 million, and it is available for projects to “demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial and/or mixed-use buildings.”

The former C.L. Carr's site, with an expansive footprint within Main and Jackson streets and is owned by Ken Mistler, is expected to accommodate several upper-floor apartments and business/office use on the ground floor.

City Council is expected to vote on the grant submission during its business meeting to follow. The group is also to vote for support of a county-led Restore NY grant application to offset the $33.5 million Healthy Living campus project on Main Street, downtown Batavia. Work has begun to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee has agreed to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitation/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The county has set two public hearings for 5:30 p.m. Wednesday at the Old Courthouse, 7 Main St., Batavia. In addition to one about the Restore NY grant, there is a hearing about a local law to expand the residency limit beyond Genesee County to open the pool of candidates for Genesee County Sheriff's Office correction officer vacancies.

Rendering of future Healthy Living campus in downtown Batavia, submitted by Rochester Regional Health.

Jeremy G. Ives is indicted on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day. Previously: Arrest made in Elm Street shooting

Iverson M. Davis is indicted on counts of grand larceny in the third degree, a Class D felony, and eight counts of criminal possession of a forged instrument in the second degree, a Class D felony. Davis is accused of stealing property with a value in excess of $3,000 between March 25 and March 28 at Batavia Downs in the Town of Batavia. He is accused of possessing forged Western Union Money Orders.

Elayasia A. Mendez is indicted on counts of aggravated unlicensed operation in the first degree, DWI, forgery in the second degree, falsifying business records in the first degree, and criminal impersonation in the second degree. Mendez is accused of driving a 2014 Chrysler on Clinton Street Road, Stafford, on June 11 on a suspended license while under the influence of alcohol or drugs. She is accused of signing the name "Jada Quinones" on a fingerprint card in an attempt to conceal her true identity. 

Alicia K. Urban is indicted on two counts of aggravated driving while ability impaired by drugs, a Class E felony, and two counts of endangering the welfare of a child, a Class A misdemeanor. Urban is accused of driving impaired on March 29 on East Main Street, Town of Batavia, while two children were in the vehicle.

Amanda B. Hopkins is indicted on two counts of aggravated DWI, a Class E felony,  and one count of endangering the welfare of a child a Class A misdemeanor. Hopkins is accused of driving drunk, with a BAC of .08 or greater, with a child in the car, on Route 63 in the Town of Pavilion on Jan. 21.

Garlyn M. Gause is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, two counts of tampering with physical evidence, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Gause is accused of possessing cocaine on April 24 in the City of Batavia with the intent to sell it. On that same date, he is accused of preventing the use of evidence by concealment, alteration, destruction or by employing force, intimidation or deception. On the same date, is also accused of being in possession of a controlled substance. 

Trevor T. Cooke is indicted on counts of driving while ability impaired by drugs, a Class E felony, and aggravated unlicensed operation of a motor vehicle in the first degree. Cooke is accused of driving a 2006 Chevrolet on April 2 on Bloomingdale Road in the Town of Alabama while his ability was impaired by drugs.

Bradley R. Jordan, 29, of Liberty Street, Batavia, is charged with menacing 3rd.  Jordan is accused of threatening a person on Silver Road in the Town of Bethany on Sept. at 6:58 p.m.  Jordan was located by deputies Andrew Mullen and James Stack along with K-9 Frankie and arrested.  He was arraigned in Town of Bethany Court and on that charged released on his own recognizance but held in the Genesee County Jail pending extradition to Clark County, Nevada. No information was released on the charge Jordan faces in Nevada.

Julian Willard Mills, 24, of Hartford Road, Lansing, Mich., is charged with criminal possession of a firearm. During an investigation of a reported suspicious condition on Alleghany Road, Pembroke on Sept. 19 at 11:35 a.m., Mills was allegedly found in possession of a loaded handgun. Mills was released on an appearance ticket.

Nia M. Coppini, 23, of Prestige Xing, Batavia, Jordan P. Kuczyuski, 24, of Bacon Street, Le Roy, Nathan D. Clark, 25, of Central Avenue, Batavia, and Dakota White, 24, of South Lake Avenue, Bergen, are charged with trespass. Coppini, Kuczyuski, Clark, and White are accused of being in the Byron Swamps after dark in violation of posted signs. They were released on appearance tickets.

Designated as a registered National Historic Landmark in 1961, the Holland Land Office Museum has been a treasured staple of Genesee County heritage for decades, which also means the site has taken its share of wear and tear.

After all, the stone museum building was built in 1810, and it was designed by famous Batavian Joseph Ellicott. The county has established it worthy of a capital project, which is to begin with a conditions study. A request for proposal was advertised, and three bidders pitched for the project.

“Wendel was by far the most qualified,” Highway Superintendent Tim Hens said to legislators this week.

Consultant Wendel of Williamsville came in with a bid of just under the $45,000 cap. Hens, the assistant county engineer and deputy highway superintendent reviewed the submitted proposals and recommended the Erie County company, Hens said. He asked that legislators approve the consultant and bid that’s not to exceed $43,324.

The scope of work is for a Holland Land Office restoration study.

“It’s a full, comprehensive look at the building,” he said. “And it should give us a road map of what we need.”

One of the goals is to document each area of the site at 131 West Main St., Batavia, and determine what its future needs might be. The consultants will be assessing “functionality issues,” and the potential to add a Welcome Center, Hens said.

Legislators Gary Maha, Marianne Clattenburg, Shelley Stein, Christian Yunker, Chad Klotzbach, John Deleo, Brooks Hawley, Gregg Torrey, and Gordon Dibble approved the request.

Photos of Holland Land Office Museum from the front, top photo, at the sidewalk along Main Street, and the side next to the parking lot, above. Photos by Howard Owens.

A vote to forward the proposal for a Wings Over Batavia air show was tabled Wednesday after Legislator Gary Maha questioned how much it would cost the county.

“I’m certainly in favor of it,” Maha said during the Public Service meeting at the Old Courthouse. “My concern’s as to the cost to the county … is it $10,000, $20,000, $60,000? We don’t know.”

County Highway Superintendent Tim Hens presented a brief update about the air show, and it has been progressing towards a 2023 date. A Wings Over Batavia Committee has established an LLC to accept and manage funds for the show, Hens said. Each air act would have its own insurance policy, in addition to the LLC, which would protect the county’s liability, he said.

“It has been 25 years since the county hosted an air show,” he said. "There seems to be a lot of pent-up interest in wanting it. And the city has an interest in doing the Wing Ding again.”

A former air show that ran in conjunction with the city’s downtown Wing Ding — Main Street lined with food and craft vendors — was a popular yearly event in the 1990s. Hens came on board with the county just in time for the final one in 1998, he said.

“People have said for years, why don’t we do another air show?” he said to The Batavian after the meeting. “We’ve got the right people in place that want to do it, that are willing to spend the time to plan it, and raise the money to make sure it happens. As far as what they’re asking, the cost to the county … we have a pretty rough idea of how traffic is, going in and out of the air show. It’s different now than it was in 1998. But we can work with the Sheriff’s Office and fire training folks to figure out what the cost of providing traffic control will be pretty quickly, and have it back to the Ways & Means Committee hopefully in October.”

During the meeting, Legislator Marianne Clattenburg voted to table the matter, but voiced her disagreement with the need for it.

“I’m for this. I’d move on it right now,” she said. “I think this is something that we would fully support.”

Maha countered that by stating the group is being asked to vote on unspecified data.

“But we don’t know what we’re voting on, we’re voting on a blank check,” he said.

The costs would mostly pertain to law enforcement time for security during the event, as participants and attendees are willing to pay for the show, Hens said. In the mid-90s, nearly 40,000 people would attend. Formerly affiliated with the Wings of Eagles, the air show ceased when that group moved on to another venue after 1998.

Hens said the next air show meeting is in early October, and he expects to have more details for that month’s Ways & Means members. Aside from attendance revenue, there is also the ripple effect of drawing thousands of people from other areas, Hens said. Those people rent hotel rooms, eat in restaurants and shop locally while here. The resulting sales tax is a benefit to the county, he said.

The air show would be a self-sustaining entity, with the county incurring only incidental expenses from structural items, such as law enforcement time, he said. Organizers would set up a perpetual seed fund to carry it onward annually, he said.

“Air shows are hugely popular. I mean, if you go to the air shows in Buffalo, Rochester, Niagara Falls, there are big throngs of people,” he said. “So it’s a fun event.”

Photo: Genesee County Highway Superintendent Tim Hens, right, discusses a potential air show next year at Genesee County Airport during Wednesday's Public Services Committee meeting. Photo by Joanne Beck.

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received

Western Regional Off-Track Betting Corp. directors this morning approved the creation of a director of Information Technology position at the Park Road entertainment venue.

The board, at its monthly meeting, passed a pair of resolutions concerning IT – the first to establish the department and a director and the second to appoint Jeff Magee of Rochester to the director post.

Magee, who has served as an IT consultant for the corporation, will receive an annual salary of $99,000.

“Jeff’s actually been affiliated with this company for about 30 years,” said WROTB President and CEO Henry Wojtaszek. “So, he is someone who we utilized on an outside basis to consult with and he’s a specialist in the area.”

Wojtaszek said the board decided to replace an IT employee who left the company with Magee, making him a full-time department head.

“It’s almost a neutral budget item because what we're paying Jeff equals what we were already paying him previously as a consultant together with the salary of the gentleman who we're not replacing,” he explained.

Magee may have to fulfill his duties in a makeshift work area for a little while due to the fact that a pipe burst on Sept. 12 and caused serious flooding to the upstairs administration area and also to the gaming floor downstairs.

The board grant permission for Wojtaszek and his staff to make necessary repairs to the damaged floors and furnishings under an “emergency declaration” – without passing a formal resolution at this time.

“We’ll address this and then we’ll bring all the things together (to the board) and they’ll approve everything,” Wojtaszek said, adding that all work will be done “in accordance with our bidding procedures.”

In another personnel matter, the board voted to discontinue providing cell phones to employees, opting instead to authorize a monthly stipend to those employees needing to use a cell phone for business purposes.

The Park Road Reconstruction Project has entered the homestretch and Batavia Downs Gaming officials couldn’t be more pleased.

That’s the word from Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., and the public benefit company’s board at their meeting this morning.

“It's probably 80 percent complete,” Wojtaszek said. “We expect substantial completion by October 17^th and hopefully we will have two-way traffic on the street (again) in just two to three weeks.”

Edward Morgan, chair of the Batavia Downs Operations Committee, reported that Nov. 30 is the “targeted” completion date.

He said that trees purchased by WROTB are scheduled to be delivered tomorrow – and will take a week to install – and light poles (also purchased by WROTB) will be delivered next week and installed during the week of Oct. 3.

Morgan also said that the facility will feature two valet parking sites – the current one at the south end and a new one at the main entrance “to accommodate those (customers) staying at the Hotel (at Batavia Downs).

Wojtaszek said installation of the trees and streetlights will be handled by CATCO, the project’s primary contractor, and subcontractors.

“We're excited about the possibility of the completion by the second week in October and we look forward to a completed, beautiful project,” he said.

When asked by The Batavian about parking at the lot of the former Kmart building across the street, he said WROTB’s lease with Benderson Development, owner of the property, has expired and that anyone parking there is doing so “at their own risk.”

However, he did say that there is adequate parking for the events at Batavia Downs, and that he could foresee another lease agreement with Benderson should the need arise for concerts next summer.

On another front, the board extended its suite license with Pegula Sports & Entertainment for the 2022-23 Buffalo Bills football season at Highmark Stadium in Orchard Park, and a similar agreement with Rochester Arena LLC for the 2022-23 and 2023-24 Rochester Americans hockey seasons at the Blue Cross Arena.

Both contracts were paused in 2020-21 due to the COVID-19 pandemic, prompting the passage of a pair of resolutions to extend them. The cost with Pegula Sports is $103,200 and the cost with Rochester Arena is $37,150 for this season and $38,250 for 2023-24.

Wojtaszek said ticket distribution for the suites are handled through the WROTB marketing department “in a very professional, promotional way.”

“It'll be a combination of tickets being given away in a drawing on the (gaming) floor, which improves the attendance on our floor and improves foot traffic throughout the building, and then through the host department,” he said. “They’ll find good players and make sure that they offer them to come in and enjoy the experience at a Bills’ game (or Amerks’ game).”

In a related move, the board approved an annual expenditure of up to $610,000 for various promotional items from Mark-It-Smart, Inc., based in Santa Ana, Calif. Items are purchased on a per-event basis as part of a “continuity program,” Wojtaszek said, and include luggage, cookware, purses, barbecue items, camping equipment, glassware and small appliances.

In other action, the board approved the following resolutions:

• Contracts with three Batavia-based companies for a telescopic boom lift, marketing mailers and electrical parts and supplies.

Directors authorized payment of $147,000 to Skyworks, the lowest bidder, for a telescopic boom lift, ending the recent practice of leasing the equipment.

“Now’s the time to take that extra step and purchase it and make it cost-effective for the company,” Wojtaszek said. “It's a safety issue. We have a lot of decent sized projects here, including window washing and construction. It was put into the capital plan, and it was in the budget for this year. The board thought it was prudent to go ahead and purchase it, and I agree.”

The board accepted a bid of $115,000 from Applied Business Systems to send out marketing mailers to patrons and potential patrons over the next year, with an option for WROTB to extend the pact for an additional year.

An agreement to spend up to $25,000 with Falcone Electric for electrical parts and supplies was approved through the end of the year.

• A five-year extension of a contract with IK Systems, Inc., of Victor, at a cost not to exceed $68,444 to provide maintenance and testing services for the facility’s surveillance system.

Wojtaszek said he has been “impressed” with IK’s performance.

“I actually supervise the surveillance department here on site and I interact with them (IK Systems) very often. They are very timely and they're very efficient, So, that’s a five-year contract, sort of at a reduced price because we did it for an extended period of time.”

• Electric and natural gas contracts with Marathon Power LLC and NOCO Gas & Electric, respectively, through Oct. 31, 2024. Both companies submitted low bids, with Marathon agreeing to supply electric at .0645 per kilowatt hour and NOCO agreeing to supply natural gas at 0.675 per centum cubic feet.

There’s no concealing their opposition to the newly enacted Concealed Carry Improvement Act as Genesee County legislators unanimously agreed Wednesday to sign a resolution stating the Act is unconstitutional.

Public Services Committee Chairman Gary Maha believes the act was put together quickly in the aftermath of mass shootings, and it penalizes the wrong people.

“I think it really hurts law-abiding citizens,” he said. “If (criminals) want a gun, they’re going to get a gun.”

Fellow legislators Marianne Clattenburg and John Deleo agreed.

“I think it hurts the honest guy,” Deleo said.

The revisions seem to be “putting up barriers,” Clattenburg said, pointing to the new requirements of training, an interview and having to provide many personal details of one's household. 

“It’s a barrier to your rights,” she said.

They underscored the prominence of the Second Amendment to keep and bear arms, and how the Concealed Carry is no improvement act. The Second Amendment states that “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

The legislators’ resolution states that the act “presents procedural roadblocks in the form of privacy violation, subjective standards, financial burdens, and overt restrictions on individuals seeking to exercise a fundamental right.”

A subdivision of the law was added to state that no license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant 21 years or older (military veterans honorably discharged are exempt from the age requirement), and be of good moral character, which means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.

Those with a license shall be required to complete training prior to recertification and must submit to an interview with the licensing officer and provide the following:

• Names and contact information for the applicant’s current spouse, or domestic partner and any other adults residing in the home, including any adult children of the applicant and status of them residing there full- or part-time;
• Names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements, that suggest they are likely to engage in conduct to result in harm to themselves or others;
• Proof of certification of training;
• A list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicant’s character and conduct.

Not only will the Legislature “vehemently, adamantly and with full resolve” oppose what members believe are “ill-advised provisions,” of the act, but they will also work with other counties to demand its full repeal based on being “unjust, ineffective, vague and unconstitutional.”

As a longstanding defender of citizen rights and the Constitution, the Legislature calls on all other municipalities in the state — and any advocates for freedom and liberty — to challenge this law “by any means possible as unconstitutional,” legislators agreed.

Copies of the county’s resolution will be sent to several state representatives, including Governor Kathy Hochul, New York State Assemblyman Stephen Hawley and state Senators George Borrello and Edward Rath III.

Hochul signed this law on July 1 after what the county Legislature believes was “surreptitiously rushed bills and through to passage under a message of necessity and during an extraordinary session bypassing the traditional rules and procedures of the state legislature. The law then went into effect on Sept. 1, placing “unprecedented and overtly restrictive conditions on applying for, obtaining, utilizing, maintaining and recertifying a conceal carry permit for personal protection and other legal uses as clearly provided for in the Constitution of the United States,” the county’s resolution states.

To read the full law, go to Concealed Carry.

Photo: Members of the county's Public Service Committee, led by Chairman Gary Maha, head of the table, discuss and vote on a resolution opposing the newly adopted Concealed Carry Improvement Act. Photo by Joanne Beck.

It's about time to get the show on the road, said supporters of two proposed solar projects on Alexander Road in the Town of Batavia.

The two property owners willing to host the solar farms told Town of Batavia planners Tuesday that the projects are important to them, and a representative for the firm that will install and operate the farms said he would like to finalize a deal soon.

Brian Madigan, the company’s senior permitting manager, sought clarity from planners on what issues remained to be addressed as part of the permitting process.

"I'd like to be sure that I have addressed all of the concerns," Madigan said during the Planning Board meeting. "I want to submit in a timely fashion (a letter addressing all pending concerns) and make sure that you get hard copies, and you have ample time to read it all. It's been, you know, two years for us. We'd like to move on."

"But," responded Board Chairwoman Kathy Jasinski, "it hasn't been two years for us. We do this with all solar projects. We just want to make sure we're doing it right."

The proposed projects are a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Road and a 10-acre, 1.6-megawatt system at 9071 Alexander Road.

The planning board did approve on Tuesday the environmental review, passing what's called a "negative declaration," meaning the projects do not pose any significant environmental risk.

As Madigan tries to address any final concerns, he's also still negotiating a host community agreement with the Town of Batavia and the Genesee County Economic Development Center.  The agreement would ensure payments to the town of solar power generation.

"I have some concern over the timing of being able to get that host community agreement, to get the IDA, the town board and our team all together before your next meeting on October 4," Madigan said. "We are committed to working in good faith to come to an agreement. We presented draft terms to the town, but I'm not sure -- at the pace at which, you know, meetings come together and given our journey thus far -- I'm really hopeful that we could make that final execution of a number (amount of payments in the Community Host Agreement) a condition of approval since it is a town board function ultimately. That for purposes of the planning board, we get a condition that we have to make the town board and the IDA happy."

As much as Madigan wants to tie a bow on the project, the Hylkema family might be even more eager to ensure the solar farm for their property is approved. 

Kerry Hylkema said the solar farm on their private property represents a level of financial security they do not currently enjoy.

Her husband John, she said, is a U.S. Air Force veteran, and he worked in security for the Department of Homeland Security before reaching his required retirement age of 57 after 26 years of service. He is a cancer survivor who was exposed to contaminants at the 9/11 site shortly after the towers fell, and for six months following the attack.

"The income generated from this project makes up for the loss of half of his retirement should something happen to him," Hylkema said. "This secures my family's ability to stay in our home. At the end of the day, this project hurts nobody, is a benefit to the environment, and it keeps the land a viable option for farmland in the future. Please approve this solar project so we can finally plan for our future."

At a previous meeting, several community members spoke in opposition to the projects, and Dan Reuter, the owner of the property for the other proposed project, seemingly addressed some of the objections raised at a previous meeting.

"I'm an engineer by trade and I like to go by facts and not what we can all jump on in this internet rabbit hole, and come up with ideas that might be skewed in our favor," he said. "For me, it's all about facts. It's all about the truth. And you know a lot of these people that have been complaining really need to go to valuable resources, credible sources for information."

He said the projects are in compliance with all of the requirements.

"I don't see a reason why this should not be allowed to go through based on where we are today," he said.

Jasinski said she expects the board will be in a position to vote on final approval at its next meeting.

Top photo: Dan Reuter speaks to the Town of Batavia Planning Board Tuesday alongside Kerry and John Hylkema. Photo by Howard Owens.

Shannon Maute is not a middle-of-the-road kind of person.

To the contrary, she readily admits that her thought process is all or nothing.

What’s this got to do with the upcoming Business Improvement District’s annual Wine Walk? Everything. Maute, BID executive director,  had already scheduled a scarecrow contest to align with the wine walk for ample decorations along downtown streets. Then someone asked Maute about pink pumpkins. Would it be possible to also dot the landscape with pink pumpkins for Breast Cancer Awareness Month?

“I’m usually like, go big or go home. I'm either doing nothing, or I'm doing way too much at once. So I decided that fall is pretty fantastic, so we needed to do a lot of stuff in the fall,’ she said Wednesday. “We were planning our scarecrows, and I had a neighbor of mine reach out to me, and she asked if she could do a pumpkin that had to do with breast cancer. And I said, of course, and she said, do you think that maybe downtown wanted to participate and do something for it? And I said, if you do a scarecrow that has to do with breast cancer awareness, I will paint downtown pink with pumpkins.”

And so you now have wine, scarecrows and pink pumpkin activities downtown, with the grand kick-off being the walk from 4 to 8 p.m. (VIPs) and 5 to 8 p.m. (general) Oct. 1.

Much of the fun leading up the Dead Celebrity-themed wine tasting has already begun with the scarecrow contest. Entries are due Friday, and individuals, families, organizations and businesses may participate. Rumor has it that Jackson Primary School will be pitching a scarecrow, and Maute said it would be great to get other schools involved.

The entry fee is $20, and registration can be made online at downtownbataviany.com, emailed to director@downtownbataviany.com, our mailed to the BID office at 200 East Main St., Suite 12, Batavia, NY, 14020. For more information, call (585) 344-0900.

Participants can pick up scarecrow supplies from 9 a.m. to noon this Saturday in Jackson Square. Supplies include wooden posts, straw and twine for the beginnings of your scarecrow. They may be put up the week of Sept. 25, and no later than Oct 1. They can remain up until Nov. 4.

Cash prizes will be given to first, second and third-place winners. Your creations will be prominently displayed for shoppers, visitors, and especially by Wine Walk attendees on Oct. 1. The public will be asked to vote for the Best Scarecrow and Most Creative HERE.  

Participants are welcome to go all-out pink with Maute when she hosts paint night from 5:30 to 7:30 p.m. at Lambert Park on Verona Avenue, Batavia. Mele Garlic Farms of Holley has generously donated 30 pumpkins to the cause, she said. Painting supplies will be provided, however, nothing, especially more paint, will be turned away.

“This will be a fun event where people can get together, show their creativity and bring awareness to our amazing downtown,” Maute said. “Any donations of pink paints are welcomed and appreciated.”

Not only has the pink pumpkin task put another angle on decorations, but it has motivated Maute to learn more about the topic, she said.

“I just started reading a lot about that, and knowing how breast cancer and just cancer, in general, affects pretty much everybody, I thought that would be a great way to bring the community together and do something fun, and make downtown look fantastic,” she said. “By October 1, I will have them all decorated downtown. So when everyone comes out for the wine walk, or who's driving down Main Street, they'll see all the pink, and the awareness will be spread for breast cancer.”

The finale, so to speak, is when several hundred dead celebrities gather to sample 24 wines and ciders at tasting stations throughout downtown. Glass Roots on Center Street will be hosting a Sober Station for designated drivers with pizza and other non-alcoholic refreshments.

This event is nearly sold out, but you can check with Maute to find out if any are available for purchase. For more information about any of these events, go to downtownbataviany.com, email director@downtownbataviany.com, or call (585) 344-0900.

Top Photo: BID Executive Director Shannon Maute shows a pumpkin that she decorated for Breast Cancer Awareness Month. Photo by Joanne Beck. File Photos of past scarecrow entries and the 2021 Wine Walk.

A long-vacant retail location at 4169 West Main Street Road, Batavia, will soon open as a convenience store now that the man who signed a lease for the property has clarified his plans with the Town of Batavia Planning Board and the code enforcement officer.

Ali Musa started revamping the store, putting up lights and signs, before he cleared those changes with town officials.

Code Enforcement Officer Daniel Lang told planning board members on Tuesday night that over the decade, the file on the property has amassed 487 documents, including 21 different permits, and that after reviewing all of the documentation, Musa's business plan is in compliance with town code and the permitted use for the property.

"So it was not an easy task to get through everything," Lang said. "It was listed previously as retail so it's going from retail to retail, so there is not a significant change of use."

The project needed to come before the board for two reasons.  First, the property has been vacant for more than 18 months so the proposed use needed to be reviewed even though it isn't changing.  Second, the business sign for F&M Convenience needed approval.

By code, there was no requirement for a site plan review by the board.  The use is the same, the exterior of the building is not changing, the size of the sign on the building is unchanged, and the number and configuration of parking is exactly the same as it was for Clor's Meat Market.

"I just worry about the traffic," said Board Chairwoman Kathy Jasinski. 

Lang said, "Based on everything that I've reviewed throughout -- the traffic studies, and there were traffic studies done for every other use -- it doesn't change the use, so by the book, everything meets requirements and the parking lot itself, they have enough square footage for retail."

As for the sign, the proposed sign showed a misspelling. Musa said that would be corrected.  He also said he wanted to add to the sign "phone accessories."  

The board approved the sign with those modifications.

At one point, Musa apparently told the town that he planned to sell cannabis products. There was no discussion of such products being part of the new store's inventory.  

The Town of Batavia's code prohibits retail sales of cannabis products

Lang read a statement he received from Musa about what the store would offer: "Please be advised that we are planning on operating a small grocery store at this premises. We'll be selling groceries, beer, cigarettes, tobacco products, clothing and other miscellaneous household items."

Musa, who said he has operated businesses in Buffalo, said that at this time he does not intend to sell beer or other alcoholic beverages at his new store.

The final clarification had to do with lighting. Musa had installed flashing lights on the building.  Flashing lights are prohibited by town code.  Musa assured planners he won't have flashing lights.  Lang also clarified that any lighting on the property must have guards that keep the light from spilling over on neighboring property.

Once he had the board's blessing, Musa smiled broadly.

"Anything we could help with the community or anything we can come up with together," he said. "Thank you for today. We're happy to meet nice people in the area and we work together for the future. Thank you."

Previously: Future convenience store planned for Town of Batavia

Top photo: Ali Musa, standing, speaking at Tuesday's Town of Batavia Planning Board meeting.

Photos by Howard Owens.

History, art, culture, and community all come together with the installation of four new black metal benches in the Village of Le Roy.

The project is the inspiration of Sarah Farmer, a co-owner of Farmer's Creekside Inn, and a businesswoman who splits time between Rochester and Le Roy.

"This all started in downtown Rochester where we were trying to get away from all the chaos of the riots and all the bad things going on, all the hate. And trying to do some soul-searching with some association members and businesses, and we ended up coming up with this project, called the Black Bench Initiative," Farmer said prior to a ribbon-cutting outside the Creekside Inn on Friday. "Basically, it is something creating a memory of historical significance of different landmarks and important things to each community that they're in."

For Le Roy, the touchstones are fishing in the Oatka Creek, the Barn Quilt Trail, the Jell-O Museum, and a Ginkgo tree. 

Rochester-area artist Stacey Mrva worked with Farmer on the themes and designed and built the benches.

Mrva started welding sculptures in steel while an art student at Syracuse University, and she has seen several of her sculptures become public art in the region.

"I'm an artist but also a craftsperson," Mrva said. "I make things and I like to work with my hands, but most of all, I like to create pieces that can be part of our everyday lives, making art accessible."

The project was made possible with the cooperation of the Village of Le Roy and a $15,000 grant from NYS Homes & Community Renewal through the Main Street Program.

"One of the things that we hope to do in the future is get some more suggestions to do six additional benches along Main Street," Farmer said. "It just creates a sense of gathering, an ability to come down Main Street."

Sarah Farmer and her father-in-law Bill Farmer have more plans to help revitalize downtown Le Roy.

They are going to turn the former bank building across the street into a multi-use event space -- a ballroom, a concert hall, a conference space that will accommodate up to 175 people.

"It will have a bar, a small dining room and a full kitchen," Sarah said. "You can outsource it for private events and weddings and we're gonna donate space to the community for youth banquets and proms and stuff like that."

The top floors will be converted to apartments, she said.

The Farmers also purchased the building next door that used to be a coffee house.  They hope to turn that into a bakery.

"We have to offer a breakfast at Creekside for hotel guests," Farmer said. "Ideally, it'd be really nice to be able to have a place where they can get breakfast earlier than nine."

Her inspiration for restoration and community involvement is her Bill Farmer, she said, who invested more than a million dollars and several years of work to restore the Creekside after a devastating fire gutted it and left it vacant for more than a decade. It's literally become a cornerstone of the Village of Le Roy since reopening in 2017.

"Main Street has been near and dear to my family," Farmer said. "My fearless leader, my mentor, Bill Farmer, he started this very much in the mentality of restoring historic Main Street and of revitalizing the community. I very much have taken that and been very much inspired by that. And I'm so excited to see what we can do in the future. And I'm just so grateful for being able to get this project (the bench project) here."

Top photo: Sarah Farmer, Stacey Mrva, and Shelley Stein, Le Roy's representative on the Genesee County Legislature.

Photos by Howard Owens

It may come as no surprise that the Community Garden in Batavia is filled with colorful flowers, vegetables and foliage.

That scenery, however, is a flow of artistry painted on each side of five panels displayed at the garden on MacArthur Drive. At 8 feet tall by 4 feet wide, the panels complement the 50 or so plots of land — dotted with colorful flowers and vegetables — being tended to by local residents and organizations.

Artist David Burke of Bergen was commissioned to do the paintings. He is pleased with the outcome and hopes that the public will visit the garden area to see them.

“I just wish I started doing what I'm doing 30 years ago or more, but just the last six, seven years I had a little more free time. I was homeschooling our kids for a while two years ago so I was just always kind of busy, but I just realized I loved painting,” Burke said during an interview at the garden. “And so about seven years ago I just got to do way more of it, and the more I do it, the better I get, and the more I enjoy it.”

Community Garden folks had planned — twice, actually — for an unveiling celebration at the site, however, Mother Nature, as she’s known to do on occasion, had other plans. Rain and wind forced organizers to postpone each unveiling, including a week ago. Jocelyn Sikorski, executive director of Cornell Cooperative Extension, said that perhaps it will be moved to next spring.

In the meantime, spectators can view the artwork from the park side and the high school side. The project was grant-funded and the original idea was “to bring some art up to the garden,” garden committee secretary Richard Beatty said.

Beatty worked on the state grant application for $5,000, which was awarded through Genesee-Orleans Regional Arts Council in December 2021. The money was used for the purchase of materials and to hire Burke — through a committee application process — for 10 panels. They were going to be individual hangings, but discussions about strong winds and how to best place them resulted in five panels, with one mural on each side of tall wooden backboards just inside the southern fence.

The artwork took Burke about two and a half weeks to complete, beginning with one and then working his way down the line so that all 10 were a cohesive mural, as originally planned. A member of GO Art! and artist for both indoor and outside works at the East Main Street site, Bergen Library and Grass Roots, Burke’s muse was often nature — “we did a lot of landscaping and gardening” — he said about himself and his wife.

He recalled having done his first oil painting at 10, and that it was so much fun. As he grew older, though, it became more of an “off and on” thing, the 66-year-old said.

Burke has more recently gotten into abstract expressionism versus what’s in the garden: very large, colorful, unmistakable creations of nature. He wishes that he had taken more art classes at Genesee Community College, where he attended in the mid-70s, he said.

“I just really, really enjoy the tactile physical act of painting,” he said.

Working out the concerns of wind wreaking a little havoc with the artwork, and transfer of the garden from the city to Genesee County’s Cooperative Extension took a little time, Beatty said, but garden committee members are happy with the final layout.

“I think everything turned out very well. They look great,” he said. David is set up so that … they're a nice theme on both sides. So this year, you know, we'll see one side and next year we'll see the other side, and having a vantage point for the folks up at the ballgame.”

The painted panels are situated between a chainlink fence and an audience of pumpkins, vivid pink zinnias and cornstalks. Gardeners are planning to augment those with sunflowers next year, Beatty said.

Committee member and Master Gardener RaeAnn Engler appreciates the grassroots type of project the murals have become.

“The gardeners get to see it and it's colorful and it's cheerful, and I guess that's it. It just accentuates the garden, and in what we're doing here, and it's a mix of vegetables and flowers, and color. The garden itself is to see it when we first plant it is so it's so neat to watch it develop,” committee Engler said. “So far we've got corn growing in front of the panels, which are kind of, one could say they're blocking it, but others say it's accentuating it. It's just really neat how integrated it is.”

The city of Batavia was the original recipient of the grant since the garden was still under city ownership in 2021, however, earlier this year City Council voted to transfer the garden over to Cooperative Extension since it seemed more aligned with the Extension’s goals and Master Gardener program. That transfer has also opened up the garden and board memberships to anyone from Genesee County.

The Community Garden is “a very inexpensive proposition,” Beatty said, listing the prices for three different options ranging from $25 to $35.

“There's full water service. We have a whole bunch of master gardeners that are available for consultation for bugs and the various things that afflict one's garden. So the garden itself is great,” he said. “I have to admit, I was a little dubious of the whole artwork thing, but boy, it looks terrific. It really, really does.”

“A nice plus is to give David some more work … it helps an artist continue to be an artist,” Beatty said. “Sure, that's very important.”

Photos: Artist David Burke of Bergen shows the artwork he painted for the Community Garden in Batavia. The garden is on MacArthur Drive, next to the tennis courts behind Batavia High School. Photos by Joanne Beck.

Tropical Smoothie (the business name speaks for itself) and Jersey Mike's (a sub shop) are heading to Batavia, according to paperwork filed by Benderson Development with the Town of Batavia Planning Department. 

The food chains will be part of the two buildings planned for the currently vacant former Kmart parking lot, Code Enforcement Officer Daniel Lang informed the Town of Batavia Planning Board on Tuesday night.

After the meeting, Lang said he couldn't confirm that Starbucks is also one of the planned chains for the new development.  He said Benderson has yet to file any development plans that explicitly include Starbucks.

That's been the rumor, and a "coffee shop" is listed as the drive-thru occupant for one of the two planned buildings on the property, but Lang said in an interview after the meeting that he has nothing official to say that the coffee shop will be Starbucks.

Benderson is planning two buildings in the parking lot. Each will have a drive-thru and contain more than one business.  Benderson has so far indicated that one building will contain the coffee shop, Tropical Smoothie, and Jersey Mike's, but no occupants have been submitted yet for any portion of the other building on the property.

"They have approval for two outbuildings in front of the Kmart," Lang said.  "We only have the permitting right now, everything paperwork-wise for the building shell for the one building, and these are two of the uses going into that one building."

He told the board, "I don't have anything on the second one yet. Once I get it, I will advise you guys of what they are and we'll move forward."

There's no word yet on what might become of the hulk of the building that used to be Kmart on Lewiston Road.

City Fire responded to a report of a structure fire at 101 Washington Ave., Batavia, and upon arrival found smoke and flames coming out of the south side of the building.

The Victorian-era house has served as the office of Dr. Vladimir Frias for the past seven years, and before that, it was Present Tense Books, and before that, a photography studio.

The office was closed today but Frias stopped by this afternoon and found the fire.

"When I came into the office, I saw the smoke and called 911. There was smoke and there was fire, and I called 911 right away, and then they were here. I came in from the back, the fire seemed like it came in from the middle ... this is terrible," he said. "I love this building too, it's a historic landmark. It's not just a building to us."

Fire Chief Daniel Herberger said he doesn't believe the building is a total loss and may be able to be restored.  There is heavy fire damage in the reception area and heavy smoke damage throughout the building.

The cause of the fire is still under investigation.

The house was built in 1874.

Previously: Structure fire reported on Washington Avenue, Batavia

Two photos above are by Marc Johnson, whose office, Millennium Computers, is on the other side of Washington Avenue.