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Death is not exactly a sexy topic. In fact, it’s right up there with public speaking as a top fear for many people.

Yet, it’s an inescapable phenomenon, as everyone eventually dies. However, the dying have been shown to have end-of-life healing moments, which are contrary to the medical field, where death has been viewed as “a kind of medical problem to solve,” Dr. Christopher Kerr says.

“So you don't get to step off and see the more humanistic view of it. You're looking at it through medicine, and dying is obviously more than organ failure; it’s closing of life. I think where I'm at after all these years, is a more hopeful interpretation that on the one side, the actual experience of dying is less fear and pain-evoking than people anticipate,” Kerr said during an interview with The Batavian. “So the actual dying process is not defined by the suffering one would imagine, necessarily, and in terms of what people experience at the end of their life, I think there's a more hopeful story, that there's a better version than the one that I had previously, which was there was a finality to it.”

Kerr, author of “Death is But a Dream,” public speaker, researcher and medical doctor, will be talking this week about his book and a related study conducted with 1,500 people at the end stages of life. Hosted by First Presbyterian Church and Crossroads House, the event is set for 6:30 p.m. Thursday at the church, 300 East Main St., Batavia.

Have you ever wondered what happens at the end of life? For years, Kerr had avoided the topic and had no interest in digging around to find such answers. Perhaps it was the death of his father when he was just a child or his medical training that focused so much on the mechanical functions of one’s being that pushed Kerr another way.

In fact, he petitioned to get out of the hospice rotation of his training at the University of Rochester, homing in on a career in cardiology.

“I think I was going through a lot of what young doctors go through, which is that you're so enamored by technical medicine, what can be done with intervention diagnosis, that you lose sight of the other side, which is sometimes your role isn't to cure, but to comfort,” he said. “And so I was too busy on a steep learning curve, enamored by everything in so much to learn, and it was such a rich, enjoyable part of life. But what gets lost in that equation is what the patients actually need you for. And sometimes they just need you not to do things to them, but to be present for them.”

He ended up dropping out of cardiology and his path took him to the exact spot he originally had no interest in: as a hospice doctor. As his book jacket states, Kerr has cared for thousands of people who, “in the face of death, speak of love and grace.” It’s seemingly an oxymoron — a peaceful end-stage patient — however, Kerr believes he witnessed the unseen process of death that involved life-like dreams and visions that provided a spiritual balm for the dying.

He noted how patients would often get visits from late loved ones in their dreams, but not from others who had caused harm or hurt in the past. Patients would describe their experiences as more than dreams, and with a resounding reality. Themes of love and forgiveness emerged, providing a journey from distress to comfort and acceptance, he said.

His talk will include actual videos of study participants, all of whom had tested to be lucid, and how they describe their experiences. The Batavian asked if it was possible they were susceptible to suggestion by being part of the research, and he said there was a bias in that everyone was in hospice. But as for them being influenced by the study, it was the other way around, he said: participants were referred to him because they were already having dreams or visions, he said.

Although these dreams connected patients with loved ones from their past, they didn’t contain much in the way of religious symbols, Kerr said. There was a heaven in some descriptions, but no hell, and not many visions of God or Jesus. These episodes were not “a dry run,” as is the case with people who have died and come back to life. Those people seem to return to life with a renewed mission to learn and become a better person, whereas hospice patients — those who know their end is imminent — make healing connections.

“Somebody wrote that our first and last classroom is our family. And that's what people tend to focus on,” he said. “And that's where we learn the messages of faith, of love, and forgiveness. And that's where they return at the end.”

Not so surprising to animal lovers, pets were a recurring theme as well. These studies — which include interviews and surveys of 750 family members — aren’t just for the dying.

“Their death is also the end of a relationship. So it's often in consideration for their family or their loved one. How you view someone dying absolutely affects how you remember them. And so it's really for both,” Kerr said. “I think people are advocating in this generation and really wanting to say that they don't necessarily want the doctor’s version, (for a patient to be) medicalized or hospitalized. So that's what it's for.

“I like to think that we created room for more discussion to step off of their traditional medical role and viewed as more on the whole. The people who tend to get this are people who are truly at the bedside involved in care, so nurses, nurse’s aides, social workers, and chaplains. This doesn't just pertain to the purview of the physician. This belongs to everybody,” he said. “So I hope we're looking at it differently. I don't think you have to understand where it's coming from, or what the cause is, but you at least have some reverence for it. And I think that's what we find; people who've had personal experiences are pretty moved.”

I think the most important thing is to give people permission. And allowing them to share is often very therapeutic. So I think any time you're unburdening somebody, you're helping them in their journey.

Organizers invite you to “join us as we explore such questions through a presentation” by Kerr that will highlight and validate the powerful dreams and visions often experienced at the end of life. Seating is limited and admission is free. Register HERE. 

Dr. Christopher Kerr, author of "Death is but a dream," along with Carine Mardorossian, was part of a research team at Hospice & Palliative Care Buffalo that spent years researching the impact of end-of-life experiences on hospice patients and their families. His next project is about caregivers. Photo by Joanne Beck.

Kyle John Stack, 36, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, resisting arrest, obstruction of governmental administration, and aggravated unlicensed operation 3rd. Stack was stopped on Sept. 15 at 6:15 p.m on West Main Street, City of Batavia, by Deputy Kenneth Quackenbush for an alleged traffic infraction. Stack reportedly fled on foot and fought deputies when caught.  He was allegedly found in possession of a controlled substance. Stack was released on an appearance ticket.

(name redacted upon request), 19, of Batavia, is charged with strangulation 2nd, assault 3rd and petit larceny. xxxx is accused of assaulting a person in a parking lot on Cedar Street on Aug. 29 at 6:26 p.m. xxxxx was arraigned in City Court and ordered to return at 1 p.m. Sept. 14.

Amber L. Turner, 29, of Batavia, is charged with burglary 3rd and petit larceny, and in separate incidents, charged with two counts each of criminal possession of a forged instrument 2nd and petit larceny. Turner is accused of entering a business on Pearl Street, Batavia, on Aug. 23 at midnight with the intention of stealing from the location.  Turner is also accused of giving a person a forged check on Aug. 13 at 10 a.m. at a location on Pearl Street in exchange for money.  She is accused of presenting a forged check in exchange for money on Aug. 14 at 1:44 p.m. at a location on South Main Street, Batavia.

Timmy J. Frazier, 65, no permanent address, is charged with harassment 2nd, trespass and resisting arrest. Frazier is accused of trespassing at a local business on Sept. 10 at 12:18 a.m. When officers attempted to arrest him, he allegedly resisted and attempted to strike an officer.  He was issued an appearance ticket.

Thomas Michael Tacito, 62, of West Main Street, Batavia, is charged with criminal mischief 4th.  Tacito is accused of throwing a rock through a window On Sept. 14 at 1:45 a.m. at a location on West Main Street Road, Batavia. He was ordered to appear in Batavia Town Court on Sept. 27.

Anthony D. Rossi, 42, of Alfonso Drive, Greece, is charged with burglary 3rd and criminal possession of a controlled substance 7th. Rossi is accused of entering a shed attached to a residence on Oak Orchard Road, Elba, on Sept. 14 at 4:27 p.m. with the intent to commit a crime inside the structure. He was allegedly found in possession of crack cocaine at the time of his arrest. He was processed at the Genesee County Jail, arraigned in Town of Batavia Court, and ordered to return to Elba Town Court on Sept. 27.

Calvin Paul Doctor, 33, of Mitten Lane, Alabama, is charged with two counts of menacing 2nd. Doctor was arrested on a warrant stemming from an incident reported at 11 p.m., Sept. 12.  He was arraigned in Alabama Town Court and released on his own recognizance. 

Carlo Robert D'Angelo, 43, River Road, Pavilion, is charged with criminal possession of a controlled substance 7th. D'Angelo was taken into custody on a Federal arrest warrant and allegedly found in possession of methamphetamine at the time of his arrest on Sept 17 at 11:30 p.m. at a location on Park Road, Batavia.

Matthew S. Williams, 34, of Batavia, is charged with harassment 2nd and resisting arrest. Williams allegedly resisted and fled on Sept. 15 at 10:41 a.m. when Batavia patrol officers attempted to detain him on pending warrants. He was taken into custody after a short foot pursuit. He was turned over to the Genesee County Sheriff's Office on pending warrants. After processing at the jail, he was released and allegedly threw a cup of juice at a Batavia police officer leading the harassment charge. Williams was also arrested by State Police and charged with criminal contempt stemming from an incident reported on March 24 at 2:10 p.m. in the Town of Elba. He was released on his own recognizance on that arrest.

Nicole K. Dell, 36, of Warsaw, is charged with DWI/drugs, aggravated unlicensed operation, and inadequate lights. Dell was stopped on May 23 at 2:09 p.m. by a Batavia patrol officer on Ellicott Street Road, Batavia. She was arrested on Sept 13 and issued an appearance ticket.

Jamie S. Kraft, 37, no residence provided, is charged with obstruction of governmental administration, aggravated harassment and falsely reporting an incident. Kraft is accused of making numerous false reports and threatening phone calls to the Emergency Dispatch Center between Sept. 12 and Sept. 13.  Kraft was released on an appearance ticket.

Dylan J. Wilson, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Wilson was stopped on Sept. 11 at 2:44 a.m. on West Main Street, Batavia, by a Batavia patrol officer.  Wilson was issued an appearance ticket.

Christina L. Holley, 19, of Batavia, is charged with harassment 2nd. Holley is accused of striking another person during an argument on Sept. 10 at 3:28 p.m. at a location on Swan Street, Batavia. Holley was released on an appearance ticket.

Jarrod K. Fotiathis, 27, no permanent address, and Julie R. Richardson, 31, no permanent address, are charged with criminal trespass. Fotiathis and Richardson are accused of trespassing inside an abandoned residence.  They were issued an appearance ticket and released.

Cameron A. Coles, 29, of Batavia, is charged with Criminal Contempt 1st and Harassment 2nd. Coles is accused of threatening another person in violation of an order of protection on Aug. 26 at midnight at a location on Lincoln Avenue. Coles was arraigned in City Court and released under supervision.

Jamie L. Broadbent, 39, no permanent address, is charged with grand larceny 4th. Broadbent is accused of stealing an E-bike on Sept. 8 at 6:45 p.m. at a location on Bank Street, Batavia. She was issued an appearance ticket.

Ericc P. Doleman, 52, of Pembroke, is charged with burglary 3rd and petit larceny. Doleman is accused of entering a business and taking a packet from inside the business on Aug. 22 at 1:09 a.m.  Doleman was arraigned in City Court and ordered to return at a later date.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of entering a business on West Main Street, Batavia on Sept. 12 at 9:43 p.m. and stealing alcohol. He was arraigned in City Court and released.

Aaron T. Hendershot, 26 of Batavia (he is also listed as an Auburn resident), is charged with criminal mischief 3rd, obstructing governmental administration, criminal contempt 2nd, criminal trespass 2nd, and criminal mischief 2nd. Hendershot was arrested three times. He is accused of damaging property during a dispute on Ellsworth Avenue on Sept. 10 at 9:45 p.m. He was arrested again on criminal contempt and trespass changes for an incident reported on Sept. 11 at 7:57 p.m. at a location on Ellsworth Avenue. He is also accused of kicking both rear doors of a patrol car resulting in significant damage on Sept .11 at 8:39 a.m. On the criminal contempt charge, Hendershot was ordered held on bail.

Leonard E. Aguayo, 35, of Rochester, is charged with criminal contempt 2nd. Aguayo was arrested by State Police for an alleged incident reported on Sept. 17 at 6:47 p.m. in the Town of Batavia. Aguayo was issued an appearance ticket. No further details released.

Sugeiry Vazquez, 33, of Rochester, is charged with bail jumping 2nd. The charge is out of the Town of Batavia. He was arrested by State Police on Sept. 17 at 2:30 a.m. in the Town of Cheektowaga and ordered held on bail. No further details released.

Matthew J. Dahl, 30, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Dahl was stopped by State Police on Sept. 14 at 7:44 p.m. in the Town of Alexander. He was released on an appearance ticket.

There’s a certain library director who bowls, collects cocktail paraphernalia and has taken a “deep dive” into trivia tournaments. This person is also about to head southeast toward Westchester County.

Give up? You won’t make his trivia team — a regional first place winner — any time soon then. The answer is Bob Conrad, head of Richmond Memorial Library for the last eight years.

Conrad has taken a position as director of Chappaqua Library. His last day is Oct 28, and he got a little teary while talking about his past experiences and present relationship with Richmond Memorial Library.

“It’s a fantastic job, a great library. I only hope I’ve maintained the standards,” Conrad said during an interview with The Batavian. “I have a very active, hands-on board. They’re going to really enjoy the process of appointing another director, and show them what’s needed. My transition when I started, the success of it, was due entirely to the extraordinary skill and competence of the staff that I inherited from the previous director.”

Catalogue of accomplishments
He listed what he believes have been “my best work,” including to commission new library cards and logos, helping to introduce the Dolly Parton Imagination program, plus ensure that it’s funded and expanded; write a $25,000 grant from Ralph Wilson Legacy Foundation to broaden the scope of recipients for the Library Visits program to include under age 60 and caregivers.

He launched the Richmond Library Foundation to better manage endowments and solicit additional funding.

The Foundation is funding the library’s student intern this fall, named named the Joe Zaso Student Internship, after a former president of the Friends of the Library. A long-term goal of the foundation is to raise and manage funds for the library's unspecified long-term needs, Conrad said.

He has appreciated the opportunity of working with community members such as city schools Superintendent Jason Smith, who was supportive of the library director, Conrad said. Ever since he began in July 2014, he has found welcoming people.

“It’s always a tremendous privilege to serve at a library in any capacity, but as director, with a board that supports my capacity … from the moment that I walked in these doors, I had friends. And the day I walk out, I'll be missing them.”

The slow metamorphosis
He took a walk way down memory lane, to his first library gig, and the missteps in between. Though, they weren’t really missteps at all, since he enjoyed his part-time jobs at record and book stores, and coffee shops along the way to getting official library jobs.

Conrad was born and raised in Irondequoit, and left for Chicago at 17 to study radio, TV and film at Northwestern University. His goal, he sheepishly admitted, was to find “the best and fanciest college I could get into.” And one that he could also afford, he said. He didn’t just want a degree, but also one from a prestigious-sounding college.

He mulled San Francisco and New York City schools, but his mom wouldn’t let the teenager move to either coast. He settled on Northwestern, which had the best education for a film degree, he said.

And so my second tier of choices were Boston University and Northwestern. Northwestern had the better financial aid package for me as a low-income student. If you say low income in the article, my mom will be so embarrassed. It's her. It's her shame. I have no shame. I tell everyone,” he said. “When I graduated, I didn't really have jobs lined up, or prospects. You know, despite how good the school is, you're still another filmmaker out there.”

A change of (a tell-tale) heart
While working his part-time jobs, he learned something about his goal for a film career.

“One of the things I learned was, I didn’t particularly want to do that any more,” he said.

Conrad, now 47, also took a writing certificate course that produced many successful writers out of his classmates. He pointed to a poster of Seth Meyers on his office wall as an example.

He “really liked my life” then, he said, working in Chicago. And all the while, colleagues would advise him to continue his education. They’d say things like “Bob, you’re a bright young man who doesn't know what he wants to do for the rest of his life, and you want a career that supports creative endeavors and ambitions, good work life balance,” suggesting that he stay in Chicago and get a master's degree in library science.

“‘You could make a career at this,’ they said. And then I pursued my master's in library science. And I thought I would, because I was working in an academic library, I thought that would be my career. And I worked a number of paraprofessional positions in many colleges around the Chicago area and I worked reference desk at community colleges,” he said. “If I sketched it all out in detail, it would horrify you, but that's what young people's lives are like, you know, I need more money.”

He ended up working at a number of branches throughout the Chicago area, including his alma mater Northwestern, Eckhart Park, Herald Bezazian, and Mayfair branches. There were learning lessons throughout it all: in his first weeks at Eckhart Park, ironically while reading a book about rats, he had to diagnose and solve a rat infestation at the library; and at Mayfair learning snippets of Arabic to communicate with patrons.

Things got real when he knew that he could go toe-to-toe with any librarian.

“As a branch manager I recognized also that my skills could could be put on the market nationwide. So I was really looking for jobs in the San Francisco Bay area where I have friends, and in the New York City area at the time, because I wouldn't have minded moving there at the time,” he said. “And the New York City jobs are listed on the same library job ad that the rest of New York State is listed.”

Conrad's choice
As he scouted ads for library vacancies in New York, he found two: one each in Ithaca and Batavia. Having grown up in Monroe County, he was familiar with Western New York and opted to apply to Richmond library. Although he initially thought the city would be more like a Rochester suburb, he discovered otherwise.

“I thought that for one stupid reason, because in high school, our track and cross country teams would race against Batavia. So I made the assumption that Batavia must be a Rochester suburb, like where I was from. But as soon as I got here for the interview, I came early enough to drive around to scope out the lay of the land, I instantly recognized that no, it was its own small city,” he said. “And I started to wonder, is it more of a Buffalo city or a Rochester City? And it did not take me long to figure out it's a little bit of both. I instantly recognized that Batavia was someplace special. It took me the next couple of years to appreciate who lives here. The source of wealth is really agriculture.”

Being a “joiner,” it didn’t take long for Conrad to immerse himself into the community — becoming a member of Kiwanis Club, a bowling team, and Leadership Genesee, and deeply embracing team trivia. His team has played all over the GLOW region, and one season became first place champs.

What’s a tip for being good at trivia? Read widely, he suggested. It was only through a random Roddy Doyle novel he had read that he recognized one of the details to know the answer was Ireland, he said. He fought his team to say the answer, as no one else thought he was right. It was quite unlikely, given the keyword seemed to point to Italy, but that novel earned him rights to do a little ‘I told you so’ strut, Conrad said.

He looks forward to what’s ahead for him, and he expects there to be an interim director while the board conducts interviews for the next director.

“I’m one of those people drawn to this field because I value what libraries value: the power of great ideas, good ideas, bad ideas, and stories,” he said. “Libraries make us better people, and better able to govern ourselves. And I feel like in Batavia, the people I dealt with through this job were the best people in the community.”

Richmond Memorial Library Director Bob Conrad will be leaving his post at the end of October, and going to Chappaqua Library. Photos by Joanne Beck.

A citizen alerted law enforcement early Friday morning to suspicious activity on a property on Oak Orchard Road, Elba, leading to the arrest of a pair of Rochester-area men on suspicion of attempted grand larceny in the second degree.

Raymond M. Hardy, 41, of Alpine Road, Rochester, and Chris H. Monfort, 50, of Cave Hollow, Henrietta, are accused of trying to steal heavy equipment from the location.

Dispatchers took the call at 7:11 a.m.  The caller stated he didn't believe the people nor their vehicle should have been on the property they were on.

Deputies responded and investigated.

Besides the grand larceny charges, Hardy is also charged with criminal mischief 4th, and criminal possession of stolen property 5th. 

Monfort was ordered held because of two prior felony convictions. Hardy was released on his own recognizance.

The Road Patrol Division and the Criminal Investigation Division of the Sheriff's Office conducted the investigation.

Monroe Davidson, manufacturer of woolen shirts and jackets under the label of Melton Shirts, began on Liberty Street, Genesee Community College moved to a brand new campus on College Road northeast of the city, and the P. W. Minor Company moved its shoe-making business from Jefferson Avenue to the Industrial Park off Pearl Street.

All of those events happened in 1972, also the year that the Genesee County Chamber of Commerce was established. Chamber folks have been celebrating all year long, culminating with a 50th anniversary gala Saturday evening at The Red Osier Landmark Restaurant in Stafford.

Hosted by Chamber staff Tom Turnbull, interim president, and Kelly Bermingham, director of Member Relations and Events, the gala drew 100 local business, municipal, and community members for a year-end celebration.

John Dwyer was the first Chamber president, and he shared a story of how the rivalry between Batavia and Le Roy began in 1947. Dwyer was playing with the Blue Devils, and one particular game pitted the two foes, ending in a questionable touchdown called by the referee. The crowd had veiled the quarterback's catch as people encroached the endzone with wild enthusiasm. Fights broke out, and it was the epitome of mayhem amongst both teams -- and municipalities -- he said.

As a leader of the Batavia Area Chamber two dozen years later, Dwyer recalled having driven past that game location on the way to a meeting at Le Roy Country Club. Despite the odds of merging, Dwyer was charged with making it happen, though he hadn't forgotten his memories of that game and ensuing discord.

Many others before him had failed already, but apparently, enough people felt that it was the right thing to do. 

"And some people understood that we had to make some changes here ... the county level is the one place where you have political input, you can be listened to.  But we needed a plan because we were in desperate need of something, some representation," he said, noting what the sentiment was at the time. "We have to speak with one voice. We have a need for professional help. And the first step, of course, would have been a County Chamber of Commerce, where the businesses had a voice, and tourism, and a political voice and input as the voice of business." 

A historic vote was taken that changed the course of each smaller entity, he said. The rivalry would soon give way to cooperation.

"So anyway, it all finally came together and the night was a snowy night ... I had no idea how this was going to work out. But the editor of the Le Roy paper, he already said he had written an editorial suggesting that this was the right path to take. And he was affirmative about my actions and my intentions," Dwyer said. "And so, as it worked out, on a snowy night at the Le Roy Country Club, the vote was yea. And we ended up at that point with the County Chamber of Commerce." 

Le Roy and Batavia merged, also folding in the remaining towns and villages for a countywide Chamber of Commerce.

The 70s also signaled another path for the city, as it was swept up in urban renewal funding that tore down the heart and soul of downtown. Genesee Country Mall was built, many businesses have come and gone, visions for the city have adjusted to current times, and the Chamber’s role has not only adapted, but expanded, to meet those needs over the years, Bermingham said.

“When I started I was 29 years old, I was young and naive in everything back in 1995. That's when I started. As everyone knows, there was no social media, there was no internet, there was nothing like that. So everything was face-to-face, we had a lot of committee meetings, and we did things … it was more face-to-face, snail mail, things like that. So going from 1995 to 2022, as I look back and I'm like, wow, you know, everything now is social media and Internet. So that's been a huge, huge change,” she said to The Batavian. “I’ve been through … six bosses, so to speak, you know, that I've gone through and right now, waiting to get another one. Right. So let it change. And I will admit, I'm not good at it. But I've learned that usually, on the other side, it's a good thing.”

She admitted to being a little more old-fashioned in the face of texts flying back and forth to communicate. Bermingham would rather pick up the phone and talk to someone, she said. But those are mere details compared to the services offered by the agency, she said, beginning with health insurance and cell phone plans 30 years ago.

As those offerings eroded due to higher technology and other providers, the Chamber took on a higher level of service: providing whatever was needed. Whether that was to get up to speed with a business website, connect to others in the area, or better promote a merchant, the Chamber rises to the challenge, she said.

“I think we really have expanded, I think that we have become the place to go for businesses. We're not your grandfather's chamber, and we're there to do whatever you need. If you have an HR issue, boom. You don't know people, we'll connect you. That's why our promote, support and connect tagline has done so well, because you join, and remember, then we can get you with other team members to support you in any way we possibly can. One of my past co-workers would always say we bend over backward, and we really do. We'll do anything. We'll try to find the answer and we'll try to connect you any way we can.”

Former and now Interim President Tom Turnbull began in 2013, left in March 2021, and returned temporarily as another candidate is chosen. No matter whether the Chamber deals with big or small businesses, he recognizes the biggest one in Genesee County is agriculture. Those farms that people drive by every day are sources for not only ag products, but also for various administrative and food chain jobs besides the obvious ones of tending to the land and livestock, he said.

“Our whole mission is to promote and support business,” he said. “We take a stance on local business; there’s strength in numbers. You can see it happening, it’s on an upswing. Things are happening; it’s headed in the right direction.”

While the national retail market has changed with the prevalence of websites and social media, Turnbull sees success locally of niche retailers, those merchants that are selling products and services that don’t exist quite the same elsewhere. And the more people around, the more they are apt to shop locally, he said.

“Getting those apartments downtown is a good thing,” he said. “When you have more people, you have a need for more services.”

Connecting the dots is important when assessing the business scene, he said. For example, building a Main Street theater means more than just providing entertainment. During rehearsals, actors are downtown, parents are downtown waiting to pick up their children, and all of them create a more dynamic scene, and one in need of places to eat, drink and shop, he said.

The presence of online sites prompted the addition of a related position to take care of e-newsletters, social media posts and related efforts to promote businesses. That job was “a great addition,” Turnbull said. He credits Dwyer — former owner of the famed Thomas & Dwyer shoe store downtown — for being “very visionary” to see the need of a cohesive Chamber that embraced both the Batavia and Le Roy branches.

As for Turnbull’s own record, he is especially proud of three accomplishments during his time: reviving the home show (a good, old-fashioned dose of putting people right in front of businesses); moving to Park Road with offices and space for tourism and a Visitors Center; and working hard during the pandemic to shore up losses felt by merchants, so that they could shift to sell more take-out meals, and understand and navigate pandemic protocols to keep making revenue.

He doesn’t see the Chamber’s role changing much; just the way in which staff does it.

“Our role is to support and promote local business in any way we can,” he said. “As long as we continue to support business, it won’t matter the way we do it.”

Top Photo: Chamber Committee President Mickey Hyde, left, with Chamber Interim President Tom Turnbull, raise a glass and toast 50 years of the agency's existence Saturday evening during the Chamber's gala at Red Osier in Stafford; Founding member John Dwyer shares some thoughts and memories about when the Chamber of Commerce was established countywide; Chamber member and supporter Craig Yunker, left, Director of Member Relations and Events Kelly Bermingham, and John Dwyer enjoy some time on the patio of Red Osier during the Chamber's 50th gala; former Chamber webmaster and online manager Steven Falitico -- who Interim President Tom Turnbull credits for having taken the position to "another level,"  joins other guests at the buffet during the gala Saturday; a book for guests to leave comments for the occasion includes all sorts of praise for the Chamber's success; Tom Turnbull shows off the fancy cake created by Buttercrumbs Bakery in Corfu; and live music entertained attendees during the evening. Photos by Howard Owens.

Throughout her 90 years, Nancy Nickerson built a network of friends, appreciative customers and loyal staff at the place where she could always be found since owning D&R Depot in Le Roy.

Words such as sweet, welcoming, intelligent, and inspirational seem to flow easily from those who describe her. However, her steadfast spirit may best be defined by how she reacted after a minor stroke in February. Not only did the nonagenarian come back from that, but she actually rebounded mightily, son Jay says.

“She took exercise class and she would do extra reps of the exercise. She kept getting stronger,” he said during an interview Friday. “I’m still working on wrapping my head around … she began to work in that restaurant two years older than I am. I’m taking that as I can still figure out what I want to be when I grow up, I can start a whole new career.”

He and others marvel at the tenacity of Nancy Nickerson, who died Aug. 16, five days after having a massive stroke. Jay tends to believe that she died “getting ready to go to work,” and her body, strengthened from that exercise, kept going awhile longer. Long enough, in fact, to give family and friends time to see her and gain some closure, he said.

It wasn’t easy to talk about his mom without tears, another testament to the impact she made on people. Her countless customers and partners, Sean Valdes and his wife and head chef Jennifer, and restaurant staff will carry on at the restaurant, he said. But there will be a palpable shift.

“I think it’s just going to lose a little,” he said, pausing to find the right word. “Je ne sais quoi.”

A quality that cannot be described or named easily seems to fit Nancy well, as those who tried to describe her captured her essence more than nailing down adjectives. For example, her greatest skill, Jay said, was in finding the right people for the job. He named Sean Valdes as one of them; someone who began as a dishwasher at the restaurant and worked his way up.

Sean was just 14, and has worked with Nancy for 30 years, becoming a part owner for the last 20. As time marched on, he grew to admire this woman who — at 60 years old — decided to go into the restaurant business with husband Don. They revamped the entire place, installed a commercial kitchen, and “she was here literally every day,” Valdes said.

“Seven days a week she was here to greet you and visit each table, and chit-chat,” he said. “She loved her customers, she loved the industry. It wasn’t a job, it was her calling.”

Nancy had prior experience, having worked at Red Osier for 24 years. Don died in 2000, and she kept forging ahead, and “genuinely loved everyone who walked through the front door,” Valdes said. Not that they were always agreeable about every facet of the business,  he said — Valdes was about profit margins and Nancy was about pleasing customers. Her focus on patrons as the bottom line served Nancy well, as did her concern for the community and charity. She began a Community Mondays program that donated a portion of one’s bill to a favorite charity each Monday during a three-month period, and that's just one of her many efforts.

If she was at the end of a 16-hour shift and someone needed ketchup, Nancy would be the one to go and get some from the kitchen, Valdes said. She was a believer in the saying “a rising tide lifts all boats,” versus each man for himself.

“There’s something about Nancy’s drive, intelligence and commitment to customers,” Valdes said. “It will not be the same.”

In the vein of, "if it ain’t broke, don’t fix it," the restaurant itself will continue on status quo, he said. There will be no changes to the menu, hours or staff, as all of those things have worked well, he said. Patti Rubino is part of the serving staff, and she has been there for 21 years. Though strict at first and wanting things to run a certain way, Nancy was “a very good boss,” Rubino said. And she will be missed.

“She loved everybody, and she will be remembered,” Rubino said, listing some of the things that her beloved boss would do: handing out wooden nickels when the train came by for a free dessert at the next visit; creating potpies that were personally served tableside and initiating the onion soup with scissors. (The scissors were to cut through the thick melted layer of cheese.)

Nancy was also known as an avid gardener, often out in the restaurant yard deadheading her prized roses. She was actually more than a boss to Rubino, and a pretty special restaurateur as well, given the response when she died. More than 3,000 people posted comments online and sent flowers and sympathy cards and made donations in her name. Some online comments included “I am so sorry for everyone’s loss. She was a wonderful person who always made you feel welcome,” “Sweetheart of a woman and she will be greatly missed,” and “Such a nice lady with a beautiful personality and smile. May she RIP.”

“She was family,” Rubino said. “She was always there to help somebody out.”

Keeping busy at her livelihood, plus immersing herself in books may have been why Nancy retained a great memory for most of her life. She and her husband would take their kids on excursions that surpassed the typical, such as going to Florida and including museums, botanical gardens and other sites with a trip to Disney World. There were always a lot of experiences like that, Jay said. He credits the restaurant for keeping her sharp and her independent nature for helping to define his own character.

Jay, whose siblings include Judy, Jon, Jeff, Jim and David, was proud to note that out of that entire two dozen years at Red Osier — going from waitress to office manager — his mom only took one sick day, and earned a reputation for a terrific work ethic. Whether or not she had aches or pains, you never heard her complain about anything, he said. She was a true optimist and someone with intrinsic gifts who ended up knowing a lot of people. He would often say to strangers he’d just met, I bet there’s a 50 percent chance that you know my mother. And they usually would.

“Nancy had a way of making you feel welcome. I don’t know how she did that,” he said. “I was always impressed with how she could talk with anybody.”

A Celebration of Life will be held at the D & R Depot from 1 to 6 p.m. Sunday.  All who knew her are invited. In lieu of flowers, the family requests you make memorials to the Jell-O Museum, 23 East Main St., LeRoy, NY, 14482, or the Woodward Memorial Library at 7 Wolcott St., LeRoy, NY, 14482.

Top File Photo of Nancy Nickerson, right, with Sean and Jennifer Valdes at the D&R Depot restaurant; Nancy and Sean promoting their New York-only wine offerings, both photos by Howard Owens. Photo of a birthday celebration for Nancy, submitted by Sean Valdes.

Cassandra Elmore’s case was set for 1:30 p.m. today, and one thing was fairly certain: she would show since she was recently arrested on a warrant and put in jail. She had failed to show up two times previously.

After several other cases were brought before Judge Thomas Burns Thursday in City Court, Elmore was brought in, handcuffed and wearing a neon yellow jumpsuit with Livingston County Jail stamped on the back.

While waiting for her case to be called, Elmore turned to talk with her mother, Lisa, about posting bail, and made a one-fingered gesture to someone else in the gallery area. She was being represented by Assistant Public Defender Jamie Welch.

Judge Burns said that some correspondence was received from Volunteers For Animals, and it, in essence, asked for a “possible resolution to this case,” given that Oddey, Elmore’s dog that overdosed, has been sitting at the county shelter for more than two months.

Burns proposed adjourning the case for a week and set her next appearance for 1:30 p.m. Sept. 22.

Welch and Assistant District Attorney Jenna Bauer agreed. Burns instructed Elmore that, if she was to make bail, she needed to show up for her court date. 

Elmore has missed two prior court dates after initially asking for more time to hire an attorney. Her original charge was three counts of injuring an animal after her dog was found to have overdosed on some type of narcotics.

She failed to appear in court on Aug. 11 (when a friend reported a call from Elmore in the hospital) and Sept. 8 and was arrested in between, on Aug. 30 after a traffic stop. She was charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation third, uninspected motor vehicle, and insufficient tail lamps.

After not showing in court on Sept. 8, a warrant was issued for her arrest, and Batavia Police Department caught up with her on Sept. 10 after a property dispute at 316 East Main St. called them to the scene. She was arrested on the spot.

In the meantime, while her case has been pending and continues to be postponed due to her being a no-show, Oddey awaits his fate at the shelter. He can’t be put up for adoption while it’s an open case.

Volunteers For Animals member Wendy Castleman said Thursday that the dog is doing well. She couldn't answer any questions pertaining to the correspondence because it's an open case, she said.

If you have driven past the former Clor’s building on West Main Street Road and thought you saw a sign that later disappeared, you’re not seeing things.

A sign for F&M Convenience store was briefly put on the front of 4169 West Main Street Rd. in the town of Batavia. The site, which sits on a triangular piece of property between Top’s Friendly Markets and Valu Plaza, has been leased, Town Building Inspector Daniel Lang said.

Unfortunately, Ali Musa, the renter, has not taken his business through the proper channels of the town planning board yet, Lang said. His business is set to go before the Town Planning Board next week. Meanwhile, the process has been explained to the new occupant at least a few times, Lang said, yet Musa put the sign up, then took it down as directed, followed by putting up blue and white lights around the front windows. Those have also been taken down.

Property owner Benderson Development is leasing the 1,737-square-foot building to Musa after an 18-month gap in occupants. Musa has also been stocking the future store, although some of his products may not pass town code, Lang said.

Cannabis sales are legal in the city, but not in the town, which vetoed an option for cannabis dispensaries. Apparently, Musa intends to sell related products at the convenience store.

A representative of Benderson Development was unable to provide any details about the renter's plans.

The site was built in 2004 and has served to house several various operations, most notably Clor’s Meat Market, which moved there in 2009. Longtime owner Chuck Gugel sold the business to Kathleen (Kate) Gonzalez in 2013, who closed it by the end of that year.

Other former occupants have been Pizza Joe’s and Georgie Porgies.

Photo: After an 18-month vacancy, the building at 4169 Main Street Rd., Batavia, has been leased for use as a convenience store, but has not been through the Town Planning Board process yet. Photo by Howard Owens.

The Genesee County Legislature on Wednesday afternoon threw its support behind the community’s cooperative efforts to help those with substance use disorder and to prevent suicides.

The legislature issued a proclamation acknowledging Sept. 4-10 as National Suicide Prevention Week and September 2022 as National Recovery Month – “when millions of people around the world join their voices to share a message of hope and healing.”

Representatives of Genesee County Mental Health Services, Genesee/Orleans Council on Alcoholism and Substance Abuse, Mental Health Association and Genesee County Suicide Prevention Coalition were on hand at the Old County Courthouse as Legislator Gregg Torrey, chair of the Human Services Committee, read the proclamation aloud.

In part, the decree states that county residents “have access to high quality prevention, support, rehabilitation, and treatment services that lead to recovery and a healthy lifestyle, and every day … people begin treatment at behavioral health services and community supports and begin the road to wellness and recovery.”

Furthermore, “Suicide Prevention Week and Recovery Month inspire millions of Americans to raise awareness, build resiliency, and find hope.”

Sue Gagne, a Suicide Prevention Coalition leader, said the proclamation “shines a light on the people who are considering suicide or battling addiction – who often feel very alone in their pain. And it shines a light on all who have lost a loved one to suicide or overdose, allowing them to feel seen.”

Photo: Taking part in the reading of the National Suicide Prevention Week and National Recovery Month proclamation are, from left, Legislator Gregg Torrey; Bob Riccobono, clinical director of Genesee County Mental Health Services; Cheryl Netter, Nickole Millette, Sue Gagne and Amy Kabel of GCASA; Diana Bucknam of the Mental Health Association and Genesee County Suicide Prevention Coalition, and Rachel Mieney, clinical social worker of Genesee County Mental Health Services. Photo by Mike Pettinella.

If not for the Great Depression, Joseph Boyd Oliver may never have left his home in Pennsylvania for Rochester, and then wander into Batavia looking for work and finding instead an opportunity in the small town. 

The opportunity: Turn a family tradition of making blanched peanuts into a business.

To blanch a peanut, you start with raw peanuts -- which Oliver obtained in Buffalo -- boil them in water for three minutes, then dip them in cold water before removing the red skin.  It's time-consuming, tedious work.

Batavians really went for the stark white peanuts, and Joseph and Edna Oliver found that they had started a real business with growth potential. So they looked for other ways to please the locals' unabated craving for snacks, adding peanut clusters to their repertoire and making their concoctions in their Montclair Avenue home.

"No, I had never made any candy before," Oliver said in a 1939 interview. "I learned it all the hard way. There were so many headaches with it, I couldn't begin to tell you what they were.  We just kept going, trying until we got what we wanted."

Blanched peanuts and peanut clusters were the beginning of Oliver's Candies, now in its 90th year. Oliver's will be having a birthday celebration Saturday at the store at 211 West Main St., Batavia.

Joe and Edna moved their business to that location in 1937, renting a house from Sheriff Forest Brown. They sold candy in the parlor and lived upstairs. Eventually, they bought the house and expanded the business until it took over the entire residence.

By the 1950s, Oliver's was selling candy in all 48 states.

Harold Oskamp acquired the business in 1960.  In 1977, he sold it to Dick Call, Bob Call, and Alvin Scroger, then owners of Genesee Farms. 

That ownership group sold Oliver's in 1998 to John Quincey, father of Jeremy Liles, the current owner.

When his parents asked Liles, whose background was in digital publishing, to get involved in the business, how could he say no? Of course, he couldn't.

"I mean, it's candy, it's retail, it's sweet business, really, you have no better words to pick there," Liles said.

Oliver's still makes candy the way Joe Oliver insisted it be made, Liles said -- real ingredients, the original recipes, no cutting corners, and as a result, the business has continued to grow.

Online ordering has given Oliver's a global reach. Liles has been able to expand the wholesale business since opening a plant in Elba, and that northern location also gives Oliver's a second storefront in the county.

It's no wonder that a business born in the Depression has weathered all kinds of economic storms, a world war, and even a pandemic.

"We're doing just fine. It's not like you don't have the generic brands of candy out there, Walmart, Tops, whatever. People's tastes have honed down. People want specialty coffees. They want specialty desserts. People are going to different places looking for these things," Liles said. "I think that's what's helping us tremendously because we are a specialty. We provide unique flavors. We make it fresh. It's made with butter and cream. We're not adding preservatives. It's not being shipped off to some warehouse and then sitting on a shelf forever. It comes from Elba, our factory six minutes up the road, and it's on our shelf ready for the customer."

One of the secrets of the success of Oliver's is employee loyalty.  From the time of Joe and Edna, employees have tended to stay with the company not just for years, but for decades. 

Bill Betteridge started with the business in its early days and made candy for 52 years. Ronald Drock, one of the former master candy makers, worked for Oliver's from the 1950s into the 1990s. The current master candy maker, Doug Pastecki, has been with Oliver's for 26 years.

In the top photo are long-time employees:

• Diana Cutitta (started 1983) - store associate/cashier
• Doug Pastecki (started 1995) - master candymaker
• Anna Liles (started 1999) - giftware associate
• Jeremy Liles (started 2001) - owner
• Julie Heale (started 2002) - packing line worker
• Mary Graham (started 2004) - enrober line worker
• Megan Palone (started 2006) - general manager
• Alec Frick (started 2014) - assistant candymaker

Not pictured is Beth Diegelman, hand dipper/decorator who started in1980).

"I guess, for the most part, my family, the families before us, we try to take care of the people who work for us. We're all a family. We try to treat everybody as a family. We're not a big corporate-backed store. We're just a locally owned business and, like anybody else, trying to survive each day," Liles said. "We had some great years of growth and we tried to take care of our employees during those times, and in turn, our employees take care of the business during tougher times, so it really becomes a complete family. Obviously, I couldn't do any of this without them. They are the backbone of this business."

Liles said he's proud to be at the helm of Oliver's as it marks 90 years in business, both for the stability such longevity represents, and the strength of the company to adapt to changing times.

"I love doing this," Liles said. "It's exciting. It doesn't get boring. That's the cool part about it. There are always changes and obviously, in the environment around us, there are changes. Social media, for example, has really been a change. You have gotta be so careful with it. It can help you or it can tear you apart. But that's where, if we keep striving for customer service, then the reviews online will stay five stars, and that's the way we want it to be. I mean, it's all about quality products and quality service. That's why I don't want to outgrow our britches, per se. We need to keep it real."

Thanks to the generosity of a longtime Genesee County entrepreneur, All Babies Cherished Family Assistance Center has its first “nesting place for women and children.”

That’s how Sue Sherman, ABC executive director, described the five-bedroom house at 441 Ellicott St. that is two doors down from the nonprofit agency’s office. It will serve as a temporary residence for women in need of assistance during their pregnancy.

The home was purchased by Gary Good, an Alexander native who now splits his time between Batavia and Florida, and donated to ABC. He said it will be ready to welcome pregnant women, including some who have already had children, in early 2023.

“We’re calling it God’s Good Grace,” said Good, who serves in a volunteer role on the agency’s Housing Committee. “The goal is to make it easier for women who do not have a place to stay to access the services provided by All Babies Cherished.”

Sherman said that around 35 to 40 percent of the women ABC serves are homeless.

“Many of them have no family support – in fact, an alarming number of young women have been trafficked by their own families.”

A Christ-centered organization, ABC provides a wide variety of parenting classes for moms, dads and grandparents, which, in turn, generates credits to the expectant mothers to receive necessities during pregnancy and for their infants, toddlers and young children.

“We also act as an advocate for the women, helping them to complete their education at all levels and to obtain skills to enter the workforce,” Sherman said. “Additionally, we work with other agencies to set up daycare for them.”

Sherman said ABC’s mission is to give women the tools to make something of their lives “despite the fact that many of them been told they will never amount to anything.”

“The number one reason that women have abortions is because of the poverty situation,” she said. “We’re thankful that Gary has seen the need for a residence such as this and was in a position to make this happen.”

FALL VENDOR FESTIVAL SCHEDULED

The All Babies Cherished Fall Vendor Festival is set for 10 a.m. to 3 p.m. Nov. 5 at the City Centre Mall. Last year’s event drew 90 vendors and raised $4,000 for the agency.

Vendor registration forms are available by contacting Sherman at 344-5660 or by going to www.allbabiescherished.com or www.facebook.com/AllBabiesCherishedPregnancyCenter/.

Photo: Gary Good and Sue Sherman in front of the house at 441 Ellicott St. Photo by Mike Pettinella.

A property dispute at 316 E. Main St., Batavia, helped Batavia PD locate Cassandra Elmore, a Batavia resident accused of letting her dog overdose on narcotics but has missed court appearances on the case.

She was wanted on an arrest warrant as well as two bench warrants for her failure to appear in court.

She was located on Sept. 10. 

According to Batavia PD, when Elmore was advised of the warrants, she attempted to stop officers from arresting her by closing a door and then actively resisting attempts by officers to place her in handcuffs.

In addition to the pending charges, Elmore is now charged with obstructing governmental administration 2nd

Elmore was arraigned in City Court and jailed on $5,000 bail.

She is scheduled to appear in City Court at 1:30 p.m., Thursday.

Elmore was arrested in July after showing up on emergency visits at veterinarians with her dog, Oddey, showing signs of a drug overdose.  Two of the veterinarians said Oddey consumed cocaine, apparently found on the floor of Elmore's residence, which was then on River Street, and the third said an unspecified narcotic.

Elmore was arrested on three counts of injuring an animal under New York Ag and Markets Law Section 353.

At her first court appearance after her arrest, she asked for time to hire an attorney. 

She failed to appear in court on Aug. 11 when a friend called the court to say she was in the hospital, a claim that was never substantiated in court.

She next failed to appear on Sept. 8 when a man claiming to be an attorney from Pennsylvania called and said Elmore had been unable to contact her public defender, a claim disputed by the public defender handling her case. 

While Elmore's case is pending, Oddey remains at the Genesee County Animal Shelter, unavailable for adoption. 

Elmore was also arrested on Aug. 30 following a traffic stop and charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps.

See also: OPINION: Due process often neglects animal victims

A passerby spotted people inside Ken Barrett's Chevrolet at 229 West Main St., Batavia, on Monday at 11:50 p.m. and called 9-1-1.

When Batavia patrol officers arrived on scene, four people attempted to flee from the back of the car dealership.  Two people were taken into custody immediately and two others were located near the scene a short time later.

The four suspects, all from Buffalo, are Darnell Cleveland, 26, Kanyia Coleman, 18, Craig Lynch, Jr. 21, and Nyejay Braction, 18.

Cleveland allegedly provided a false name in an attempt to prevent officers from arresting him on several outstanding warrants, including a parole warrant.

Lynch is accused of struggling with officers while being detained. There were no injuries.

Cleveland was charged with burglary 3rd and criminal impersonation 2nd. Lynch was charged with burglary 3rd, obstructing governmental administration 2nd, and resisting arrest. Braction and Coleman were charged with Burglary 3rd.

All four suspects were arraigned in City Court.

In accordance with New York's bail statute, Cleveland and Lynch were released under the supervision of Genesee Justice. Cleveland was then remanded to the Genesee County Jail on his outstanding parole warrant. Braction and Coleman were released under their own recognizance. 

In a statement, Batavia PD says, "The Batavia Police Department would like to thank the observant citizen, the Genesee County Sheriff’s Office, and the New York State Parole for their assistance."

Adam M. Kreutz, 33, of Batavia, is charged with assault 3rd, burglary 1st, and coercion 1st. Kreutz is accused of burglarizing an apartment on Ellicott Street and assaulting the person inside that apartment on Sept. 5 at 11:40 p.m. Kreutz was arraigned in City Court and ordered held in the Genesee County Jail without bail.

Jarrod K. Fotiathis, 27, of Le Roy, and Julie R. Richardson, 31, of Le Roy are charged with criminal possession of stolen property 4th, unlawful possession of personal identification 3rd, attempted petit larceny, and resisting arrest. They are accused of working together to steal a person's wallet  to purchase items at a local business on Sept. 3 at 9:01 a.m. on Ellicott Street. Fotiathis and Richardson are accused of fleeing from police on foot leading to a chase through the city. Fotiathis later turned himself. Richardson was stopped by a citizen who reportedly witnessed the incident. Both Fotiathis and Richardson were issued appearance tickets.

Christian I. Andrzejek, 26, no permanent address, is charged with burglary 3rd, petit larceny, and criminal possession of a controlled substance 7th. Andrzejek is accused of entering a building on Sept. 6 at 8:57 a.m. on Washington Avenue, Batavia, and stealing items from inside. Andrzejek was arraigned in City Court following his arrest and released under supervision.

Feyza Gabrielle Osmancikli, 28, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Osmancikli is accused of possessing crack cocaine, discovered by Deputy Kenneth Quackenbush during a traffic stop on Sept. 6 at 3:35 p.m. on Liberty Street in Batavia. Osmancikli was processed at the Genesee County Jail and released on an appearance ticket.

Joshua Michael Ruffin, 27, of Main Street, Alexander, and Haley Maye Larnder, 23, of Tracy Avenue, Batavia, are charged with criminal possession of a controlled substance 7th.  Ruffin and Larnder are accused of possessing crack cocaine at a location on Veterans Memorial Drive, Batavia on Aug. 23 at 3:36 p.m. Both were arrested by Deputy Jacob Kipler, processed at the Genesee County Jail, and released on appearance tickets.

David W. Fielding, 33, of Bigelow Drive, Stafford, is charged with falsifying business records and grand larceny 4th. Fielding is accused of stealing tools from his employer on Godfreys Pond Road, Stafford, and pawing them for money between July 19 and Aug. 25. Fielding was arrested on Sept. 9 by Deputy Jacob Kipler, transported to the Genesee County Jail for processing, and released on appearance tickets.

Deontay Jahmani Sprattley, 21, of Green Avenue, Brooklyn, is charged with petit larceny. Sprattley is accused of skip-scanning multiple items at Walmart on Sept. 10 at 2:38 p.m. and stealing the items. He was arrested by Deputy Alexander Hadsall, processed at the Genesee County Jail, and released.

Jalen Corey Fields, 18, no street address provided, Brooklyn, is charged with petit larceny. Fields is accused of shoplifting at Walmart on Sept. 10 at 3:15 p.m. He was arrested by Deputy Ryan Mullen and issued an appearance ticket.

Matthew R. Taylor, 39, of Batavia, is charged with trespass. Taylor is accused of entering a business on Oak Street he had been banned from on Sept. 4 at 10:01 p.m. Taylor was issued an appearance ticket. He also allegedly trespassed on the same day at 4:49 p.m.

Jeffery T. Dutton, 31, of Batavia, is charged with obstruction of governmental administration and littering. Dutton is accused of throwing garbage on city-owned property on West Main Street on Sept. 5 at 3:44 p.m. He was released on an appearance ticket.

James D. Hooten, 33, of Batavia, is charged with criminal possession of a controlled substance 7th. Hooten was located by Batavia patrol officers and taken into custody on warrants held by the Sheriff's Office and State Police and allegedly found in possession of crack cocaine at the time of his arrest on Sept. 3 at 3:56 p.m. on Summit Street, Batavia. He was issued an appearance ticket and turned over to the Sheriff's Office.

Jolene Y. Stevens, 33, no permanent address, was arrested on a bench warrant stemming from an incident reported on March 4 at 1:48 p.m. on East Main Street, Batavia. Stevens is charged with resisting arrest, obstructing governmental administration, and harassment. At the instruction of Judge Durin Rogers, Stevens was issued an appearance ticket and released.

David M. Camelio, 40, of Batavia, is charged with harassment 2nd. Camelio allegedly struck another person in the face during a confrontation reported on Aug. 28 at 4:18 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Colin A. McCulley, 18, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and consuming alcohol under age 21. McCulley was stopped by a Batavia patrol officer on Sept. 5 at 1:07 a.m. on East Main Street, Batavia.  He was issued an appearance ticket.

Another piece of property downtown — this time an automobile — has apparently suffered some damage while its owner was at a meeting Monday at City Hall.

The owner of the defiled vehicle — who has not officially been identified by city police — apparently filed a claim that someone had poured nail polish on her vehicle while she was at a City Council meeting and public hearing Monday evening. The hearing about a farm animal law drew some 30 people to the second floor council chambers.

Detective Eric Hill confirmed that there is “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle.

“I’m not sure on the level and location of polish and we don't have an estimate (of the value of the damage) at this time,” Hill said in an email to The Batavian.

Just last month, in early August, a vandal drew at least a dozen chalk figures on the brick pillars outside of Batavia City Centre as a City Council meeting was going on inside. The artwork was said to be anti-ReAwaken America Tour graffiti.

Police were investigating the incident and said the person responsible would face a charge of criminal tampering, a class B misdemeanor. There are no updates about that case at this time, Hill said.

When David Ciurzynski was a kid, he and his brother would shop for school items and take the elevator at C.L. Carr’s department store, watching as the operator pulled the little stick to close the zig-zag accordion-like gate before they ascended to a higher floor. And then down again.

There were floors for the billing department, a bridal shop and other specific types of merchandise, and the basement had housewares while first floor catered to men’s and women’s clothing, children’s items, jewelry, makeup and greeting cards. There were clear tubes that shuttled payments from downstairs up to billing.

 "And I just think about those memories that we had way back when ... and now the new memories that we make at the JJ Newberry's building that's now Eli Fish," Ciurzynski said during a presentation of downtown projects, including the former Carr’s building, Tuesday at City Hall. "That's what this project is all about. Right? Taking our history, taking our memories, and turning it into something that people can make new memories with, including ourselves. "

The project consultant is not alone with his recollections of Carr’s days of grandeur. Anyone who grew up in Batavia is familiar with the high-end department store, with free gift-wrapping service, seasonal visits from Santa Claus, sidewalk sales and an ice cream cart, and the personalized services of salesmen and women, especially those experienced ladies behind the jewelry counter.

Getting a gift from Carr’s was kind of special — it meant quality and style. And so very neatly and precisely wrapped with a coordinated bow. There are still offerings like that downtown, such as Valle Jewelers and Charles Men’s Shop, as those places have continued to bob and weave to miss the knock-out punches of big box stores and economic shifts.

Carr’s was the only store, however, to consume so much footprint -- more than 11,000 square feet -- along Main and Jackson streets. It was exciting to step aboard the elevator and be whisked up to look at fancy women’s dresses and accessories.

Ciurzynski’s description of the site’s future — renovating the upper two floors for apartments, installing arched windows in the front overlooking Main Street, preparing the lower levels for other commercial space by removing asbestos and making them more enticing for prospective businesses — also included a vision. The project has been titled Carr's Reborn.

“We can restore the former landmark to its former glory,” he said.

People will be able to go to a restaurant or brewery, catch a play, movie or live music, or visit the future Healthy Living campus with its new exercise and classroom space, kitchen and complete wellness center, he said.

The project would take $1 million in Downtown Revitalization Initiative grant funding and $4 million from property owner Ken Mistler. Possible uses for the main floor have not been determined, and it’s about “what does downtown Batavia need?” Ciurzynski said.

“I could see a small department store for women’s clothing to complement the men’s clothing shop we have,” he said. “The harder part right now is getting people to commit with labor; there’s been a shortage.”

Steve Hyde of the county’s Economic Development Center said that studies have found that Batavia needs more housing — some 4,500 units over the next several years.

“People are commuting here, working and collecting paychecks, but they don’t live here,” he said.

Adding 14 to 16 market rate — higher scale — apartments would “tie a bow around us,” he said.

City Council President Eugene Jankowski said that older people have mentioned that they might like to live in a downtown apartment, but “the only drawback is a long staircase.” Those possibly semi-retired folks wish there was an elevator as well, he said.

So yes, that relic of Carr’s will be resurrected and working once again, albeit, probably not with a personal attendant.

The DRI Committee members approved a motion to move forward with the project. They were:   Eugene Jankowski,  Steve Hyde, Dr. James Sunser,  Craig Yunker, Tammy Hathaway,  Erik Fix, Tom Turnbull, Susie Ott, Paul Battaglia, Marty Macdonald and Nathan Varland.

The remaining committee members who were absent include Pier Cipollone, Patrick Burk, Marianne Clattenburg, John McKenna, Julia Garver, John Riter, Peter Casey, Matt Gray, Mary Valle, John Bookmiller and Dan Ireland.

Ciurzynski, of Ciurzynski Consulting, LLC, gave Mistler a nod and thumb’s up. Mistler said he appreciated the support, but wanted to hold off with any further comment until the project gets moving. Now that the committee approved the grant funding, minutes from the meeting will be sent to Empire State Development for state approval.

Top photo: City Council President Eugene Jankowski talks about a proposed project Tuesday morning to renovate the former Carr's building in downtown Batavia. David Ciurzynski reviews the project, dubbed 'Carr's Reborn,' with the Downtown Revitalization Initiative Committee at City Hall; Committee members Nathan Varland, Tammy Hathaway, Eugene Jankowski, Susie Ott, Dr. James Sunser, Steve Hyde and Erik Fix. Photos courtesy of Jim Krencik. Rendering of Carr's Reborn from Batavia Development Corporation. 

A 45-year-old Le Roy man facing felony charges from a "shots fired" incident on Clinton Street Road a year ago, and facing other felony charges, turned down a plea offer today that could help him avoid the potential of a life-in-prison sentence.

That decision made a little more sense during a hearing that followed the plea offer discussion on a grand larceny charge from a separate incident.

In that case, a video that reportedly shows Arthur J. Brown taking a credit card from inside a police station wasn't preserved by Le Roy PD.

Judge Melissa Lightcap Cianfrini ordered a spoliation hearing -- a hearing to determine what happened to the evidence -- to be followed by a Huntley hearing -- a hearing on whether evidence should be suppressed at trial.

Without the video, the only evidence against Brown in the grand larceny case is the testimony of a police officer who reviewed the video recording prior to arresting Brown on the charge.  Under the rules of evidence, the officer can testify about what he saw on the recording.

By calling for a spoliation hearing -- something the defense did not request -- Cianfrini signaled that she might consider a strong sanction against the prosecution, which could include dismissing the case.

When asked about a possible remedy, First Assistant District Attorney Joseph Robinson said it would be appropriate to permit the jury to draw an "adverse inference" from the fact the video does not exist.  That would mean at trial, the jury could consider that the lack of a recording means there is a weakness in the prosecution's case.

Robinson said that remedy would be significant because there is only one police officer who can testify in the case and state what he saw on the video. There is no other supporting evidence.

On Aug. 11, 2021, Brown was picked up by Le Roy PD on a violation-level offense, said Assistant Public Defender Lisa Kroemer, and placed in an interview room where he was required to empty his pockets. 

When he was released, he was instructed to take his personal belongings.

Later, a police officer discovered that a credit card was missing. The card had been found by somebody and left with the police. It was being held for safekeeping until its rightful owner could pick it up.

The missing video supposedly shows Brown picking up the card along with his property.

Kroemer argued that the video is a critical piece of evidence that could show whether Brown knowingly and intentionally took the card or whether he picked it up accidentally, a distinction, she said, the officer can't reliably testify about.

When questioned later, Brown did have the card in his possession, Kroemer conceded, but the issue that can't be resolved without the video is whether Brown knowingly took the card from the police station.

Kroemer said Brown was held for a bail hearing less than 24 hours after his arrest and Kroemer put the District Attorney's Office on notice at the hearing that the video recording needed to be preserved as evidence.  She also argued that police officers should know that such a piece of evidence should be preserved.

Later, Cianfrini would note that Kroemer made a compelling argument that members of law enforcement, more than a store owner or any other member of the public, should understand the importance of preserving evidence. 

In ordering a spoliation hearing, Cianfrini said the court is interested in hearing what protocols Le Roy PD has in place for preserving video evidence, what happened in this case, what was communicated to police, and how it was communicated, about preserving the recording, and what if anything is the police department doing to ensure this doesn't happen again.

The hearing is scheduled for 9:30 a.m. Oct. 14.

Brown is also facing multiple charges from a Sept. 19, 2021 incident in which Brown was stopped on Clinton Street Road in Stafford for alleged erratic driving and once stopped, fled from law enforcement into a cornfield.

A deputy said he saw a gun on Brown and a second later, there was a bang or a boom in the area that prompted the officer to inform dispatchers of "shots fired."  

The search for Brown took several hours and involved Monroe County SWAT, the Batavia Emergency Response Team, State Police (including the closure of the Thruway), drones and a State Police helicopter.

Law enforcement reported recovering a handgun at the scene, but Brown has maintained it wasn't his.

It turned out later, that what sounded like possible gunshots was really a wildlife scare cannon.

In that incident, Brown was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown is also facing a charge of failure to register as a sex offender but he hasn't been indicted on that count yet.

The plea offer from the District Attorney's Office was for Brown to plead guilty to the weapons charge and the grand larceny, and serve five years in prison with seven years on parole, and the rest of the charges would be satisfied.

Brown would still have been subject to being found by the court to be a second felony offender, a second violent felony offender, and a persistent felony offender.

After Robinson recited the plea offer, Kroemer said her client was rejecting the offer. 

Cianfrini then wanted to ensure that Brown understood the ramifications and risks of his decision.  As she spoke, Brown raised his hand as if he wanted to speak and Cianfrini advised him that he shouldn't speak to the court and instead talk privately with his attorney and let her speak on his behalf.

Kroemer and Brown then conferred, but Brown was speaking loud enough that some of what he was saying could be heard in the courtroom.  Cianfrini told him he should whisper so she couldn't hear what he was saying.

After Kroemer and Brown spoke, Cianfrini asked Brown if he still wished to decline the deal.  He said that he did.  

She explained to him that if he was found guilty at trial, he could be sentenced to the maximum prison term for each count, that the sentences could be served consecutively instead of concurrently, and that if the court found him to be a persistent felony offender, he could be sent to prison for life.

"My job is to ensure that I feel satisfied that you understand," Cianfrini said. "Whether you take the plea is 100 percent your decision. I just want to make sure you understand." 

Brown, who spoke clearly in court, said he understood.

On the weapons charge, the court set a trial date for March 20 to March 24, with a Jan. 23 plea cutoff date. 

Cianfrini explained to Brown that while the plea offer he just rejected was off the table, the prosecution had the option of making a new offer and Jan. 23 would be the final date Brown would have to accept a plea offer, otherwise the case would go to trial.

There will be a Huntley hearing, a hearing on the possible suppression of evidence, at 9:30 a.m. Oct. 11.

Brown is not being held in jail while the charges against him are pending.

A group of about 30 people attended Monday's City Council meeting, and half of them spoke about the proposed farm animals law to ban most farm animals from city limits and the feeding and care of feral cats. Volunteers For Animals member Robin Lewis, second row, in blue, waits to take her turn at the podium and dispute that a feeding ban does any good for feral cats

Forbidding people to care for homeless cats will not take care of the feral cat problem, Robin Lewis says.

She was one of about 15 people to share their thoughts during a public hearing Monday at City Hall.

“It is a cruel, inhumane, and ineffective way to solve a complex problem,” Lewis said to City Council.

In an audience of 30 or so spectators, half of them were there to voice support or opposition for a proposed farm animal law expected to go up for a vote later in the evening. The law would ban “owning, bringing into, possessing, keeping, harboring, or feeding” most farm animals and feral cats in the city, and limit chickens to six as long as they’re penned properly and don’t create an accumulated mess and odor.

Lewis and other speakers nailed one issue right on its head: it’s a complex issue when dealing with cats. She was with a group of fellow Volunteers For Animals members who stressed that the ban was not only unfair to homeless cats but that it doesn’t work for eliminating them. Spoiler alert: volunteers were happy in the end.

One point of contention was that feral cats and “community cats” are hard to tell apart; one group is often being well cared for by good samaritans while the ferals are cats born outside that are often unsocialized and therefore less friendly and seemingly wild.

Judy Sikora, who has lived in the city for 40 years, is one of those good samaritans who has been caring for stray cats. She has worked with Kathy Schwenk of Spay Our Strays to ensure the cats are spayed or neutered so as not to reproduce, and that they are healthy. There are some ferals that “occasionally do remain very wild,” she said, however, many others are redeemable to go up for adoption.

She has appreciated the work of Spay Our Strays and asked that council remove the cat ban from the proposed resolution.

“The work they do is incredible,” she said.

Kathy Schwenk, coordinator of Spay Our Strays, appeals to council that "these community cats should not be punished for one person."

Schwenk has been with Volunteers For Animals for the last 18 years and is coordinator for Spay Our Strays, which is a low-cost spay and neuter program for feral and outdoor cats. The group humanely sterilizes and vaccinates cats throughout Genesee County, including in the city of Batavia, she said.

“The caregivers did not ask for these cats. They're compassionate, caring, humans who cannot bear to see animals suffering. Some of them are in the audience right now,” Schwenk said. “These community cats should not be punished for the deeds of one citizen who irresponsibly harbors farm animals on their city property and infringes on their neighbor's rights.

“By including feral cats in the same category as farm animals, this is going to ensure undue suffering and spread of disease among our own community cats. So because of this proposed amendment, I've had several people, several upstanding city residents, contact me fearing that they will not be able to legally care for their outdoor cats anymore,” she said. “Some of these cats are strays, some are semi-socialized. Others have just been thoughtlessly left behind with a piece of trash and these compassionate people are caring for them.”

Her group worked with City Council seven years ago, after a presentation from SUNY Buffalo Law School recommended the trap/spay/neuter/vaccinate and release method for best controlling the stray cat population. Working with former Assistant City Manager Gretchen Difante and a task force, Spay Our Strays experienced “big success” by trapping 42 cats in one neighborhood, treating them per the program and releasing them.  That was in 2016.

While the issue of feral cats has come up since then, it isn’t what triggered the farm animal ordinance. Complaints from neighbors about one resident, in particular, got the ball rolling. The resident owns four goats, plus chickens, a dog and a cat. Her Burke Drive neighbors have come to council previously and complained to their ward councilman John Canale. They were fed up with loose goats charging them, eating their foliage, and the animals creating a mess and foul odor.

Who'd want farm animals in the city? resident John Ladd asks during his time at the podium Monday evening.

City resident John Ladd wanted to clarify for council what his stance was. That was after he rattled off several dates of when he’d documented seeing loose goats or chickens “roaming freely out of their enclosures.” One day he found a goat standing on his front porch eating bushes. It might seem humorous, he said, but it makes him angry.

“We don’t want a limit on farm animals, we want no such animals allowed in the city limits,” he said.

Another speaker against the ban asked council to consider the aspect of people with disabilities having a right to a support animal. What if someone wants to have an emotional support cow or giraffe, Ladd said.

“Is that possible? Is it legal?” he said.

Some folks cited state and federal laws and statements from the American Society for the Prevention of Cruelty to Animals to support their positions on the proposed law. The resident at issue, who has said that her animals were therapeutic service animals for her daughter, was not present. Her father, Randy Turner, was present and vocal.

He estimated that although 75 percent of the city residents owned a dog or cat, “that has nothing to do with this,” he said.

“There’s no reason to have farm animals in the city,” he said.

I'm not against any animals, resident Shannon Maute says to council. These goats, these chickens, these ducks are not service animals. 

Fellow residents John Roach and Shannon Maute also supported the ban on farm animals. Roach didn’t move to the city to be near them, he said. Maute, who lives on Burke Drive, isn’t against animals, and in fact, “I love animals,” she said. But the goats, the chickens, the ducks are not service animals, and one’s pets should be properly contained, she said.

“So far I’ve had to chase one goat, three chickens and a dog out of my yard,” she said.

After everyone had a chance to speak, Council President Eugene Jankowski asked for comments before a vote. Councilman John Canale first responded to the cat comments.

“I certainly did not expect to see this turnout,” he said. “I certainly recognize that we gave our blessing to that organization (SOS). I don’t know if it’s working or not, we haven’t heard from them in years.”

Councilman Bob Bialkowski removes his support for the proposed farm animals law, and Councilman John Canale shares that when he was a kid, a neighbor tried to raise a pig next door on Bank Street.

Canale would like to continue the trap-release program, he said, but to also have more communication between SOS and the city. He suggested that people who wish to be caregivers for homeless cats should contact the nonprofit and make sure those cats are properly spayed or neutered and vaccinated.

Councilman Bob Bialkowski questioned the legitimacy of the ordinance: “All of this because of one home,” he said.

He also wondered how, if farm animals are banned, it will go if a child wants a rabbit but can’t, while her neighbor has six chickens. He suggested that when people have issues on their streets, to “talk to your neighbor … it’s called addressing the problem.”

“I’m not supporting any of this,” he said.

Jankowski explained that the city police and code enforcement departments are aware of the one issue, but with no law, not much could be done to solve it. He also pointed to the fact that Turner owns the house where his daughter Judy lives with all of those animals, and he’s against farm animals in the city. That should tell you something, Jankowski said.

“There are other issues going on that we can’t talk about,” he said.

He then proposed removing the feral cats from the entire law or stipulating that the spay/neutering program must be part of it.

“It will delay us, but I’d rather get it right,” he said. “I think we lumped it in, it was an afterthought. We made a mistake.”

Council needs more time to thoroughly review the issue of feral cats, Councilwoman Patti Pacino said.

“I definitely think we need more time to think about it,” she said.

Fellow council members Al McGinnis, Kathy Briggs, Paul Viele and Tammy Schmidt agreed.

Council unanimously voted to move forward with the farm animals ban and remove cats from the entire equation. The pared-down law will move to the Sept. 26 business meeting for a vote.

Lewis paused for a second before reacting to that news. 

"I'm ecstatic," she said. "We work to educate people and to educate them about feral and community cats. Feeding bans do not work."

Wendy Castleman of Volunteers For Animals cites that state law acknowledges the effectiveness of trap/spay/neuter/vaccinate/release programs as a way to stop cats from reproducing and the spread of disease. A feeding ban would be inhumane management of cats, she says, and it's a complex issue. 

A mobile phone left on a bed charging is the suspected cause, at least at the preliminary stage of the investigation, of a fire at 6979 Big Tree Road, Pavilion, this evening.

The fire was called in at 7:03 p.m., according to Tim Yaeger, emergency management coordinator.

It appears to have started in a second-floor bedroom and residents told investigators that a phone was left on the bed plugged into a charger. A 13-year-old resident smelled the smoke and found the fire.  He alerted his father and they shoved the mattress out the window but the fire spread quickly anyway.

"How the fire progressed inside the building, we don't know yet because we still need to investigate and then go from there," Yaeger said. "It's kind of early yet."

All residents of the two-unit apartment building escaped safely.  There were no injuries reported.

There were one adult and two children residing in each of the apartments.  

It was unclear earlier this evening if the structure is a total loss, but it was heavily damaged on both floors with obvious heavy flame damage in the front of the second floor.

Pavilion, Le Roy, and Stafford were dispatched on the first alarm.  The second alarm included the City of Batavia FAST Team, but that crew was soon pressed into firefighting duties so Alexander's FAST Team was dispatched.

FAST stands for Firefighter Assist and Search Team.

"They're there to be the rescue team for firefighters," Yaeger said. "So if a firefighter gets trapped, disoriented, runs out of air, something happens to either a firefighter or a team of firefighters, that's what that team is there for."

Also responding to the fire, Bethany, Caledonia, Perry Center, Wyoming, Mercy EMS and the Genesee County Sheriff's Office, along with Emergency Management. 

A large response was needed, Yaeger said, because of a shortage of manpower.

To volunteer with your local fire department, visit ReadyGenesee.com.

Photos by Howard Owens.

Armor Security staff members made their debut at Friday's home football game between Batavia and Livonia high schools. Spectators were wand-checked at the gate, and security guards were on site to ensure that the only commotion was on the field at Van Detta Stadium. Perhaps there was also some excitement in the stands as the Blue Devils blew away the competition by 42-6.

The security company has a contract through the end of this year, and members of Batavia Police Department were also on hand to check for illegal parking and related un-gamely behaviors. Superintendent Jason Smith has been adamant -- via a letter to parents and recommending the extra security -- that home football games will be safe and without unwanted disruptions from spectators. 

Friday's game included a moment of recognition during a dedication to honor all police and fire department and armed forces members.

Earlier in the day Smith issued his superintendent's update to the district, sharing that he is "personally thrilled to begin my first full school year as our Superintendent of Schools, and I look forward to experiencing all the fun and joys associated with being a Batavia Blue Devil!" Certainly, players, staff and fans experienced one of those well-deserved joys with Friday night's win.

District leaders were "out and about" during the first day of school on Wednesday, he said, and they are focused on three key teaching principles: effective teaching, literacy (reading and writing) across all content areas, and providing an engaging and consistent curriculum. Smith gave some advice that is well-suited for anyone: work hard and be kind.

To read the entire update, go HERE  

Go here for prior Robert Morris story, and district security.

Top Photo: Spectators are wand-checked as they enter Van Detta Stadium Friday evening; members of police, fire and armed forces were given a dedication to honor their service to the community. Photos by Steve Ognibene. File Photo: Superintendent Jason Smith takes board members on a tour of the revamped Robert Morris building before the first day of pre-school and UPK classes on Wednesday. Photo by Joanne Beck. Children arrive for the first day at Robert Morris. Photos from Batavia City Schools.