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Oakfield man sentenced to 23 years for killing his father

By Howard B. Owens
Nicholas Maher

Nicholas Maher is being sent to state prison for 23 years for killing his father Martin Maher in their Oakfield home on Oct. 18.

The picture painted on Nick Maher in Genesee County Court today was of a 37-year-old man who struggled for years with mental health issues and gave into his delusions when he stabbed his 69-year-old father to death.

"Nick believed that his father was responsible for poisoning the air," District Attorney Kevin Finnell said. "He said he grabbed a knife to scare him but his father was flippant and arrogant and denied involvement in poisoning the air.

"Of course he denied it. It's ridiculous. It was a product of his mental health issues that he refused to address, he didn't want to address," Finnell said.

"Nick Maher is a college-educated person," Finnell continued. "He's smart enough to know that he needs to get mental health treatment and that he needs to take his medication, even if it doesn't make him feel real good. But he chose not to do that. So he responded, in his words, by 'losing it on his father,' a man who just denied poisoning the air, and killed him. In so doing, he took away the only person that was left in the world who cared about him."

Nick's siblings, Megan and Matt, spoke to the court and shared how much the death of their father hurt them.

Megan said Martin Maher put Nick first over his own happiness, putting off his own retirement to care for his son. She said Nick refused treatment and accused anybody who tried to help him of trying to harm him. 

"I think you simply made him the bad guy because he was there for you," Megan said. "What if mom hadn't passed a few years earlier? Would she have been caught up in your alternate reality and have been the bad guy, too? What if I spent more time around the house? Would I have been in the crossfire? I don't know. But these things have crossed my mind this year."

Megan said cleaning up her father's house, and going through old family photos was the hardest time of her life.

"I was constantly reminded of what you did," she said. "I no longer felt happy and safe in that house. All of the wonderful memories of our childhood were overshadowed by what you did."

Near the end of her remarks, she said, "You took a dad away from your siblings, and a grandpa away from his grandchildren. "Life has been hard enough after mom passed but not having my dad has been even more difficult than I think you'll ever be able to comprehend."

Matt said he will never forget the day he went to his father's home after not being able to reach him on the phone, worried something terrible had happened, and finding him dead on the floor.

"My dad loved my brother and it broke his heart that his love was not reciprocated, but that there was anger and blame towards him," Matt said.

Finnell told the court that the Sheriff's Office conducted a thorough investigation of the case and there is no doubt in his mind, that the evidence supported a murder conviction but it was also clear from psychological exams that if Nick Maher's case had gone to trial, his extreme emotional disturbance would have to lead the jury toward a manslaughter conviction rather than murder.   That is what lead to a plea deal that allowed Maher to admit to the murder with a possible sentencing range of 20 to 25 years in prison.

But Maher's mental health issues don't excuse him from the choices he made, Finnell argued.  Maher refused treatment and refused to take his prescribed medication.  Those choices ultimately led to Maher taking his father's life.

The chance to plead to manslaughter is the only consideration the defendant should get, Finnell told Judge Michael Mohun. Finnell said Maher should get the full 25 years in prison allowed by statute.

Public Defender Jerry Ader took exception to the suggestion that Maher was completely responsible for his own choices in dealing with his mental illness.

"I sincerely believe that our community, our country, has a difficult time dealing with mental illness, especially when it comes to mental illness in the criminal justice system," Ader said near the beginning of his remarks.

Later he said, "some of the speakers here, the children of Mr. Maher, they use of words, that he chose to do these things, and that he could have done something else. And I'm just not quite sure that's true. And I don't think anyone can know for sure if that's true, it's easy to say because we don't understand mental illness. But in my experience, when someone is placed in a psychiatric hospital, it could take years in order to get a patient, an inmate, to understand, to have the insight as to their illness, why they need help and why they need medication."

Ader said after nearly a year in jail, his client is just starting to take his medication and come to terms with his mental illness.

Ader argued that Mohun should consider something less than the maximum 25-year term on the manslaughter conviction because the Legislature when it wrote the law, allowed for a sentencing range of 5 to 25 years. Clearly, the Legislature understood, Ader argued, that each individual, each case, is different because mental health is involved, therefore, a judge has latitude to weigh all the factors.

In this case, the plea agreement meant that Maher must receive a sentence of at least 20 years but there was no reason, considering the factors of his mental health issues, to sentence him to the maximum of 25 years.

After giving Nick Maher an opportunity to address the court, which he declined, Mohun spoke directly to the family.

"I don't want you to dwell on Oct. 18 of 2021. The day your dad died. What I want you to think of are the days he lived. He almost lived until his 70th birthday which would have been in July of this year. Think of all those things that you had with your dad and that you celebrated together and that he was there to give you guidance and support. And think of the man who put his life on hold during his retirement years to take care of your brother."

He added, "Your brother has admitted, he's acknowledged., he has pled guilty to manslaughter in the first degree. What he has done by this act, you've lost two family members. On Oct. 18, you lost your father and you lost your brother. That is a devastating event which it will resonate through generations of Maher family celebrations of birthdays and holidays. But don't let this crime define the family. Remember your dad as he would want to be remembered, as a good dad, as a dad who stepped up and took care of your sick brother. Your father's devotion to duty was extraordinary."

Mohun said the killing of Martin Maher was without justification, without reason. 

"It was a heinous crime to which an appropriate sentence must be imposed," Mohun said.

The 23 years will be followed by five years of post-release supervision.  

Nick Maher is barred by court order from having any contact with his siblings until Sept. 9, 2053.

Public to have opportunity to comment about potential use of grant funds

By Joanne Beck

As some go up, others must come down.

That’s the nutshell version of construction in downtown Batavia. Work is being done 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 agreed Wednesday 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 rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The hearing was set for 5:30 p.m. Sept. 28 at the Old Courthouse, 7 Main St., Batavia.

The project has already passed historic preservation and environmental reviews, and has a developer, said Ed Flynn, director of planning at LaBella Associates. Having those items taken care of “I think will make it a competitive project,” Flynn said.

An important goal of Restore NY is to revitalize urban centers, rural areas, and disadvantaged communities. It is anticipated that upon completion, the projects funded by Restore NY municipal grants will attract individuals, families, and industrial and commercial enterprises to the municipality, according to the resolution.

“It is further anticipated that the improved community and business climate will result in an increased tax base, thereby improving municipal finances and the wherewithal to further grow the municipality’s tax and resource base, lessening its dependence on state aid,” it states.

Populations of less than 40,000 can apply for up to $2 million in grant funding. Since the City of Batavia meets that stipulation, Flynn suggested going for the entire amount.

Genesee County will be assisting with the administrative portion of the grant and applying on behalf of the city. The $2 million would go towards a $33.5 million Healthy Living project between Bank and Wiard streets downtown.

The future site is to be a 78,000-square-foot integrated medical and wellness facility. It's to include state-of-the-art exercise equipment, a new pool, an indoor track, a teaching kitchen, a children’s adventure room play area, plus 22 exam rooms and two medical procedure rooms for primary care, telemedicine appointments, behavioral health and crisis intervention support, cancer prevention, chronic illness, and community education services.

Rochester Regional Health, United Memorial Medical Center and YMCA officials have said the site will serve as a one-stop-shop for many health concerns and fitness goals, and there will also be a drop-in childcare center. 

For prior coverage, go to Healthy Living.

Illustration: File Photo of future Healthy Living campus rendering.

Grab your lederhosen and polka shoes, it's time for Oktoberfest

By Joanne Beck

In the mood for some German fruited lager? It’s like a pilsner that’s “bombarded” with notes of prickly pear and blood orange.

“It’s crisp, dry and refreshing, but floral and fruity,” chief brewer Adam Burnett says. “It reminds me of the Southwest.”

That craft brew will be one of three available at this year’s Oktoberfest hosted by Eli Fish Brewing Company. Burnett has been at the brewing helm for the last four years, and involved with the traditional October celebration for the last three. After living in California for 15 years, Burnett didn’t get to experience many of the German-themed events, and this one’s been growing on him.

“It’s becoming (a favorite) … definitely one of the best days of the year,” he said during an interview with The Batavian.”

The fourth annual Oktoberfest has been scheduled earlier this year — at least one week before most fests begin — as a way for people to participate before other events get going. It’s set for 5 to 10 p.m. Saturday at Jackson Square in downtown Batavia.

“We’re excited to see if being one of the first ones brings the energy up even higher,” Burnett said. “Last year we had it at the end of the month, and some people said they had been to four others already.”

Founded in Munich, Oktoberfest this year runs from Sept. 17 through Oct. 3. According to Britannica.com, the festival originated on Oct. 12, 1810, in celebration of the marriage of the crown prince of Bavaria, who later became King Louis I, to Princess Therese von Sachsen-Hildburghausen. But does anyone really care much about the origins of an event that’s filled with German food, beer, music and dancing?

And there will be all of those things, Burnett said. The Frankfurters, a band so popular it has to be booked two years out, will take the stage while its complementary dance troupe whoops it up. Promoted as “the best of the wurst,” the Buffalo performers are dressed to the nines — neuner in German — in lederhosen (leather shorts with suspenders) for the men and dirndls (short swingy dresses with ruffles or a half-apron and peasant-style blouses) for the women.

“It’s just wild, they’re so entertaining. It’s a hoot,” he said. “They’re very fun to watch, very engaging.”

The band is already booked for Eli’s 2023 festival due to its popularity, he said.

Burnett looks forward to pulling on his lederhosen and fully embracing the part, he said. In fact, one can expect Eli Fish staff to be dressed accordingly, he said, and attendees are encouraged to do likewise. Since there is so much activity in the Square — lively polkas, a beer tent and all — it is suggested not to bring a lawn chair to the event, he said. But do wear your dancing shoes.

Another beer at the event will be a standard amber lager and a festival German blond beer, “a step-sister to the amber,” Burnett said. Aged in an oak versus steel container, it has “a nice oaky” flavor, he said.

A 2003 Batavia High grad, Burnett is happy to be back home. He had been a professional brewer in Chicago for three years when Eli co-owner Jon Mager gave him a call. Burnett moved back and sees this gig as a long-term venture. He promises three stellar brews at the Square, with another 23 on tap inside Eli Fish at 109 Main St. It’s not much of a walk, just up the back steps from the Square.

Of course, there will also be bratwurst, huge pretzels and other German fare for the choosing, and some benches outside to grab a seat and a bite.

The mayor of Munich taps the first keg to open the festival every year in Germany, and the total beer consumption is nearly 75,800 hectoliters or about 2 million gallons. This weekend’s event may not reach that volume, but plenty of fun is to be had, organizers said.

Admission is $8 presale and $10 at the door, and each ticket includes one free beverage. There are a limited number of tickets, and Burnett advises buying them sooner than later. They may be purchased at Eli Fish or online.

Photo: Via The Frankfurters website.

Woman in dog overdose case again fails to show up for court appearance

By Howard B. Owens

A woman accused of injuring an animal after her dog overdosed three times on narcotics earlier this summer once again failed to appear in City Court on Thursday.

Cassandra Elmore was ordered to appear at 1:30 p.m. and was not seen in court by the time Judge Thomas Burns called her case at 3:20 p.m.

He said a court clerk had received a call earlier in the day from a man who claimed to be an attorney from Pennsylvania and that he was calling on Elmore's behalf, claiming that Elmore had tried contacting her assigned attorney multiple times and her calls were not returned.

Burns said the man provided only a partial address, no phone number, and said his secretary would be in touch with the court.  The man also did not file a motion to change attorneys, Burns noted.

At no time, Burns said, did the clerk say Elmore was excused from her scheduled appearance today.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took her dog, Oddey, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.


See AlsoOPINION: Due process often neglects animal victims


Elmore did make her initial court appearance on the case on July 26, when she asked for time to hire an attorney.

On Aug. 11, Elmore failed to show for an ordered court appearance. On that date, a woman who identified herself as a friend of Elmore called and said Elmore was hospitalized.  The caller was informed that the court needed proof of the hospitalization but no proof was sent to the court before her scheduled appearance.

Burns issued a warrant for Elmore's arrest but when The Batavian checked with Batavia PD on the status of the warrant more than a week later, a spokesman for the department said the department never received a warrant for Elmore.

Elmore was arrested on Aug. 30 following a traffic stop in Batavia and charged with criminal possession of a weapon and obstruction of governmental administration.

During today's hearing, Jamie Welch, with the Public Defender's Office, said he was unaware of any messages left for him by Elmore. 

Assistant District Attorney Jenna Bauer told Burns that her office was not contacted by any other attorney claiming to represent Elmore.  She also noted that it took Elmore two months to complete the paperwork required for the Public Defender's Office to represent her.

Following her Aug. 30 arrest, Elmore was ordered to appear in City Court on those charges at 1:30 p.m. Sept. 13.

Burns said she was going to be arraigned on those charges today, so he issued an arrest warrant related to those charges. He also issued two bench warrants for her failure to appear on the two injuring an animal charges.

At the time of her arrest on the animal charges, Elmore lived on River Street.  Welch provided the court with a new residential address for her on East Main Street.  Welch said he would be sending her a letter informing her of her court appearances and would attempt to reach her by phone.

Oddey remains at the animal shelter. Oddey is doing well, according to a member of Volunteers for Animals, but he can't be sent to a foster home or put up for adoption while the legal case against Elmore is pending or until she surrenders ownership.

Previously:

Woman flown to ECMC for treatment following accident on Route 77 in Darien

By Alecia Kaus

According to Deputy Robert Henning with the Genesee County Sheriff's Office, an SUV facing west on McVean road failed to yield at the stop sign at Route 77 and was struck by a box truck that was traveling south on Route 77.

The female driver of the SUV, in her late 70s, may have suffered a medical event and was conscious and alert, but transported by Mercy Flight to ECMC. The male driver of the box truck, in his early 60s, suffered cuts to the face and was transported to ECMC via ambulance.

According to Deputy Henning, the driver of the SUV will be charged with failure to yield.

PreviouslyPossible serious injury accident reported in Darien

Photos by Alecia Kaus/Video News Service.

Eli Fish makes room for a little soul

By Joanne Beck

Myrin and Dannielle Lumpkin are excited, to say the least.

The Batavia couple is in progress for an October ribbon-cutting of Mama Dee’z Kitchen in its new location at Eli Fish Brewing Company.

“It’s happening,” Dannielle said. “October 1st.”

In August, the Lumpkins shared with The Batavian at the Italian Fest that their hopes were on the possibility of moving into the downtown restaurant and brewery. 

At a more recent event, they informally disclosed that it’s coming true, and Eli Fish co-owner Matt Gray confirmed the news this week. Papers have been signed, he said.

The former catering company will now be serving dine-in meals and takeouts, plus be available through Grub Hub, Dannielle said.

She has also posted the news online: “what a blessing,” she said.

The Eli Fish site at 109 Main St., Batavia, has housed prior catering and restaurant set-ups as an incubator style: starting small and learning the ropes before expanding into bigger solo establishments.

Eden Cafe & Bakeshop was the last occupant at Eli, and it moved over to Ellicott Street a few months ago as a successful vegan eatery.

Mama Dee’z specializes in homemade sauces and features soul food and Caribbean flavors, barbecues, chicken wings and a slew of spicy jerk and saucy glazed meats and fish.

For more information about Mama Dee'z, click HERE.

Top File Photo: Dannielle Lumpkin serves up some rasta pasta during this year's Italian Festival downtown. Photo by Joanne Beck. Above, she stands in front of her new work space at Eli Fish on Main Street, Batavia. Photo from the Mama Dee'z online site.

GCASA offering full slate of activities during September celebration of Recovery Month

By Mike Pettinella

For someone in recovery, every sober day is cause for celebration.

Still, it’s only fitting that the nation sets apart a time to honor those fighting their way back from substance use disorder and mental illness.

“Although every day at The Recovery Station we focus on recovery, Recovery Month is the time to recognize and celebrate the gains made by those men and women who have not given up or given in,” said Harry Rascoe, (photo at right), who recently was hired by Genesee/Orleans Council on Alcoholism and Substance Abuse as coordinator of the social event center on Clinton Street Road.

Rascoe and his staff have put together some special events that highlight their support of new evidence-based treatment and recovery practices, of a strong and proud recovery community, and the dedicated service providers and community members who help make recovery in all of its forms possible.

Additionally, the Genesee County Legislature will be issuing proclamations on Sept. 14 in commemoration of Recovery Awareness Month and Suicide Prevention Month (which also is in September).

The agency's activities through The Recovery Station include fishing trips to Medina and the DeWitt Recreation Area in Batavia; visits to Genesee County Park, Stony Brook State Park, Hamlin Beach State Park and Niagara Falls State Park, roller skating in Buffalo; shopping trips, and health and fitness group sessions.

On Sept. 13, the “Give Me S’more Recovery” event is scheduled for 5:30 to 7:30 p.m., and on Sept. 27, Speaker Jam – featuring stories of hope by people in recovery – is set for 5 to 7:30 p.m.

Other activities during the month (and just about every month at The Recovery Station) include CORE education and work goal setting, creative writing in recovery, guided yoga, open art classes, karaoke night, spirituality in recovery, and open men’s and women’s groups.

Rascoe, 35, a native of Plattsburgh, said his plan is to expand the center’s focus on physical fitness and wellness while increasing the public’s awareness of The Recovery Station, which is located at the former Bohn’s Restaurant.

“What I’m finding is the biggest issue thus far is that a lot of Batavians don’t even know that we exist,” said Rascoe, a former Marine who did a combat tour in Afghanistan. “We’re looking to make connections with as many agencies and groups as possible to let people know that we’re here for them when they’re ready to start their road to recovery.”

An alcohol and substance use counselor for several years, Rascoe is a proponent of adventure-based counseling where those in recovery are encouraged to “connect with nature” through hiking, kayaking and similar experiences.

“Health and fitness is so important,” said Rascoe, who earned an associate’s degree in Human Services from Genesee Community College before taking counseling positions in Saranac Lake and Plattsburgh. “I am hoping to be able to upgrade our gym and camping equipment and establish some peer-led groups along the lines of what is happening at ROCovery Fitness in Rochester.”

Rascoe also said plans include conducting Narcotics Anonymous meetings on Mondays from 6 to 7:30 p.m. (starting Sept. 12) and possibly opening the center on Sundays for people to watch the Buffalo Bills’ games in a sober environment.

“We’re doing a lot now but there’s so much more that can be done,” he said. “With the support of the community and staff, the future here is bright.”

Now residing in Elba, Rascoe is engaged to Tara Sweet and has three children. He is active in the community as a youth football and baseball coach and co-director of an adult flag football league.

Disclosure: Mike Pettinella is the publicist for GCASA.

Communication, filling jobs are priorities for county officials

By Joanne Beck

When he left his job at the Chamber of Commerce to work for Genesee County, Steven Falitico had a shade of concern.

“I’m new to all of this, I’m from the private sector. I have tried to ingrain myself,” he said during a county meeting Wednesday. “I thought the job was going to be a little boring, but a lot of things are coming at me fast.”

Falitico is the county’s new public communications and web design specialist. Not only is he new to the position, but it is new to the county. Falitico will be responsible for developing, designing and coordinating websites and various social media platforms, and disseminating news and information through a variety of media outlets.

Wednesday he was given a different charge: promote vacancies in the county, including corrections officers and election inspectors. Many county directors have been reporting a lack of candidates for openings in their departments, from Mental Health and Veterans Services to the Genesee County Sheriff’s Office and Board of Elections.

Not that county officials haven’t already taken steps to boost interest. Earlier this year the county agreed to waive all Civil Service test fees for the remaining year. 

Legislators are considering an amendment to a public officers law that would allow candidates to live in contiguous counties, such as Erie and Monroe. 

Requirements for election poll workers have also been revised.

“All counties are having a difficult time getting poll workers,” County Manager Matt Landers said. “We’re going after a new demographic.”

People 18 and older can apply for the position, and county staff are promoting it as an opportunity to make some extra cash.

“That's the kind of stuff that we're gonna be targeting. So Steven, jump right on that, along with meeting with all the department heads and revamping our website,” Landers said. “But things that come to mind that you need help with or want help or ideas for initiatives, you know, Steven is going to be critical for us in that regard.”

As for Falitico’s new role, the county’s contract with e3 Communications out of Buffalo will end on Sept. 30. It was evident, Landers said, that “as great a job as e3 was doing … you can’t replace a person.”

“There's nuances, having a person embedded who understands what's going on, and making changes here and there and really make it make a difference,” he said. “So we're thrilled to have Steven and want to make sure that you had an opportunity to meet him.”

Top Photo: Steven Falitico, being introduced to members of Genesee County Legislature on Wednesday; County Manager Matt Landers discusses Falitico's role as Assistant Manager Tammi Ferringer listens. Photos by Joanne Beck.

Pair charged in dog abuse case appear in City Court, further proceedings pending

By Howard B. Owens

Two people accused of abusing a pair of dogs, including one who eventually died, made their City Court appearances today after missing similar appearances in June.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with two counts each of felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Searight was first on the docket in City Court on Wednesday afternoon.  He entered a not-guilty plea and City Court Judge Durin Rogers bound his case over for Grand Jury review.  If indicted, his next appearance will be in County Court at a date yet to be determined.  

Scarbrough also entered a not-guilty plea and Rogers ordered her released under the supervision of Genesee Justice.  He said Scarbrough couldn't leave the county, which raised an objection from her attorney, Jamie Walsh, with the Public Defenders Office, who informed Rogers that Scarbrough frequently stays with her mother in Niagraga County and that Scarbrough has a five-year-old child who attends a public elementary school there.

Rogers wasn't swayed.  He said if Scarbrough wanted to leave the county, she could seek permission from Genesee Justice or return to the court for permission.

The conditions and supervision were necessary, Rogers said, because of Scarbrough's previous failures to appear in court when ordered, her prior offense, and a warrant for an apparent failure to appear, out of Niagara County, along with the severity of the charges.

Scarbrough faces an obstruction of governmental administration charge in Niagara County. 

The charges against Searight and Scarbrough stem from the discovery of two pitbulls in an apartment the pair had reportedly shared. Both dogs had been left in cages and were starving, and covered in feces, when animal control officers arrived at the apartment after a neighbor called authorities.  The male pitbull has recovered while the female pitbull had to be euthanized. 

Previously: 

WNY National Cemetery to give final salute to Avenue of Flags for the year

By Joanne Beck

November 11, Veterans Day, will cap this year’s first-ever flag-raising Memorial Day ceremony, as the Avenue of Flags will be taken down at Western New York National Cemetery, William Joyce says.

Filled with interment flags that had either draped a veteran’s casket or accompanied a veteran’s urn to a final resting place, the Avenue is a traditional honor each year from Memorial to Veterans Day. It was installed in 2021 and inducted with a ceremony on May 29 of this year.

As director of Genesee County’s Veterans Services, Joyce gave his annual report Tuesday to the Human Services Committee, including how the inaugural flag ceremony went.

“It was well attended by the public and so well received. I know there wasn't much advertisement, but without the advertisement, there were still a lot of people present for in-ground burials. For cremation section 10 is now closed. It's due to its capacity. Now they're moving to Section nine. It's right next to it,” Joyce said. “And to this date, there have been 1,207 burials, that's as of today. And of those, I can proudly say I assisted 18 families with arrangements for burials at the National Cemetery.”

He is the only Memorial Council member in this area with authorization to arrange burials at the National Cemetery, he said. That just “broadens my scope on what I can do for the veterans and families,” he said.

A prior budget approval to purchase uniforms for the Honor Guard was well used, he said — “they spent every bit of that” — and Guardsmen now have a cohesive, professional appearance.

“They’re all looking the way they're supposed to out there, in the same uniform,” he said.

Two weeks ago he learned that the Department of the Army will pay volunteers $50 for every service they perform on behalf of fallen veterans. They will have to go through training first to become certified to perform services at the WNY National Cemetery, he said.

His office had 1,452 contacts and provided 5,321 client services during the past year, including help to file 106 veterans’ property tax exemptions. The first veteran burial at the new cemetery was on Oct. 18, 2020, and there has been an average of four to six per weekday ever since at the site at 1254 Indian Falls Road, Corfu, he said.

Construction has been ongoing to expand the original site due to a lack of capacity. Click here to see the latest drone flyover taken in August.

The Cemetery was approved in 2021 to display the Avenue of Flags from Armed Forces Day to the Saturday after Veterans Day. Joyce said that there will be an official ceremony on Nov. 12 to dispose of any flags that aren’t “serviceable,” he said.

Each flag had been presented to the next of kin of the veteran on behalf of the President of the United States and the branch of service the veteran served. Families donate their veterans’ interment flags to fly along the Avenue to represent their service and sacrifice to the country.     

The Memorial Council is responsible for the maintenance of the flags as well as collecting the donated flags.

For more information about the cemetery and related services, click HERE.

2021 File Photo of the Avenue of Flags at WNY National Cemetery in Corfu. Photo by Howard Owens.

Mental Health director proposes hybrid psychiatry to fill a rural need

By Joanne Beck

After biding her time with a glaring vacancy, Mental Health and Community Services Director Lynda Battaglia broached the topic during Tuesday’s Human Services meeting.

“So this is one that I've talked about for well over a year now, and it's finally time to bring this one forward. This is a creation of a full-time, Genesee County psychiatrist position for the Department of Mental Health. There's no doubt that this is a bigger ask, considering the salary. But it's a specialized service. And it's definitely something that's needed within the department,” Battaglia said to the group of committee members. “Right now, our wait time for somebody to get in with a psychiatrist is about six weeks. And that's when we have all of our providers. I'd like to create this position so that it benefits the community, and it benefits the clients that need to get access to provider treatments. I have to think about stability within the department as well as future planning and longevity for psychiatry.”

She requested an amendment to the 2022 management salary schedule to create one full-time staff psychiatrist (Community Mental Health) position at a base salary range of $292,500 to $331,500. That would mean an estimated salary of between $73,125 and $82,872 for the remainder of the year’s last quarter, at a fee of $150 to $170 per hour.

Fringe benefits would add up to about $21,000 more, for a quarter total of up to $103,814, according to the resolution. Battaglia doesn’t expect these costs to impact the existing 2022 budget, considering the unstaffed positions within the Mental Health Department.

There are four clinical positions and three in the finance area that have been vacant, she said. It may not be an easy job to recruit a psychiatrist to a rural area, but it would certainly add some consistency to the department, she said.

“For the last three years, we've worked with an agency to provide us with services. And that has been helpful, it has definitely been a Band-Aid and has helped fill the gap. However, in the three years, I've had my third psychiatrist. And you think about a person that comes through mental health for services, you're taking a risk every time you have a doctor that's providing the telehealth services. And if it doesn't work out, then I'm bringing in a new psychiatrist. And if that one doesn't work out, I'm bringing in another one,” she said.

“And the agency that I've gone through has been absolutely tremendous," she added. "They’re very accommodating, with excellent communication. The doctor has to be the right fit. And so to have one client have to work with three different doctors over the course of their treatment, it's very challenging, and it's frustrating the clients.”

An upside is that the position could generate revenue and potentially become self-sustaining and not cost the county additional money, she said. It could also reduce the wait time from six to three weeks, which still isn’t ideal, but “if we can cut it in half,” that’s an improvement.

Battaglia proposed creating the position as a hybrid, including in-person visits and telehealth appointments, as an incentive for the right person. She doesn’t want to offer 100 percent telehealth and feels that a hybrid model offers two options to deliver the service. That might better accommodate an applicant, and “we have clients and community members that like to do either way,” she said.

“I think for 2023, it would definitely save the county some money,” she said. “I feel like it’s a win-win all the way around.”

County Manager Matt Landers reiterated how Battaglia has been talking about this need “for quite some time.” Simply put, it sounds like a breakeven proposition, he said.

“Instead of contracting out, you're paying a county employee, and there’s potential for generating additional revenue — more billable hours — which would generate more revenue. Now we're not doing this to make money. And at the same time, if this ended up being a subsidized effort, but ended up providing better service to the community, again, it will be something that the manager's office would support,” he said. “Even going down this route and approving this, that's step one, and it's really going to be a challenge to find a qualified doctor willing to come to us, you know, rural counties have this difficulty. So, in general, I support the effort going forward, because it's not going to be budgetarily … negative to our county budget. And it's got the full support of mental health, but I think we can provide better service.”

Battaglia also requested a budget amendment to hire a full-time mental health financial program specialist position, which would cost $19,553.50 for the remainder of this year. There are funds available in the 2022 budget to cover this expense due to unstaffed positions within the department. This position for a full year will cost $78,214, according to the resolution.

The committee approved the requests, which will continue on the process for committee approval until they finally reach the Legislature for final adoption.

Photo: Lynda Battaglia, Director of Mental Health and Community Services. Photo from the county website.

Dollar General planning seventh store in Genesee County in Darien

By Howard B. Owens

The former Timberwolf Restaurant location at 1658 Broadway Road, Darien, dilapidated, overgrown, and vacant for many, many years, is likely to soon become the new location for the seventh Dollar General store in Genesee County.

The Genesee County Planning Board is being asked to approve a site plan review and area variance at its Thursday meeting to allow the project to go forward.

The planning staff recommends approval with modifications.

The requested modifications are that the signage complies with the town's zoning regulations and that the applicant gets State DOT approval for a driveway permit.

The applicant is The Broadway Group LLC based in Huntsville, Ala.

Dollar General is based in Goodlettsville, Tenn. and operates 17,000 retail stores nationwide.

The plan calls for the crews to demolish the Timberwolf building, which sits on a 3.08-acre lot, and construct a 10,640-square-foot store at a total project cost of $574,550.

Howard Hanna currently lists the property but with a sale pending. The listing price was $199,900.

The current owners are Johnson and Sons LLC.

Broadway Group is seeking an area variance to reduce the number of parking spaces outside the store from the required 73 to 35.  In a letter with the application package, Jade Haynes, Dollar General's plan coordinator for the Northeast region, the company says operating 17,000 has given the company a significant amount of data to understand a store's parking needs.  The stores average 15 to 20 transactions per hour.

"We have estimated and confirmed that 35 spaces will accommodate the customer flow rate that our business generates," Haynes states. "This standard has also been sufficient for traffic generated at peak Christmas season levels."

The application notes that the property is large enough to accommodate more parking spaces but that more spaces are unnecessary for the business. 

"Less asphalt improves drainage and allows for more green space," the application states.

A staff member with The Broadway Group wrote on the application that the project will "bring new life" back to a part of Darien that is currently marked by a building that has fallen into disrepair. 

"This is not a destination location," the application states. "The proposed development will serve traffic that already uses Broadway Road as a means of transversing to and from work or home."

The only other item on Thursday's Planning Board agenda is site plan review for a new contractor's yard at 9904 Alleghany Road, Darien. The staff is recommending approval with modifications.

The Planning Board meets at 7 p.m.Thursday in the large conference room of County Building 2, 3837 W. Main Street Road, Batavia.

Top photo: Via Google Street View.

Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop

By Howard B. Owens

Cassandra L. Elmore, 30, of Batavia, is charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps. Elmore's vehicle was stopped on Aug. 30 at 2:37 p.m., on Ellicott Street, Batavia. Elmore was allegedly driving on a suspended license. During a search of the vehicle, Elmore was allegedly found in possession of two sets of metal knuckles as well as various items of drug equipment.  Elmore was processed at Batavia PD headquarters and released on an appearance ticket. Previously: Woman charged after dog treated repeatedly for narcotics overdoseVet told police Oddey was showing signs of drug intoxication during emergency visit; Elmore asks for more time 

Devin W. Blackshear, 23, of Batavia, is charged with harassment 2nd. Blackshear is accused of pushing and hitting another person during an argument on Aug. 31 at 6:01 p.m. at a location on Oak Street, Batavia. He was issued an appearance ticket.

Alexander C. Colon-Colon, 28, of Batavia, is charged with criminal mischief. Colon-Colon is accused of pouring bleach on the property of another person during a dispute reported on Aug. 28 at 7:08 p.m. at a location on Central Avenue, Batavia. He was arraigned in City Court and released.

Tammy L. Cicatello, 52 of Batavia, is charged with criminal possession of a controlled substance 7th. Cicatello was allegedly found in possession of crack cocaine during a traffic stop on Aug. 26 at 8:52 p.m. on Pickthorn Drive, Batavia.  She was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. On July 28 at 6:45 p.m. at a location on State Street, Jackson violated a stay-away order of protection and attempted to strike an individual with a closed visit while that person had a small child in his stroller that she was pushing.  Jackson was arrested on Aug. 26 and released on an appearance ticket.

McKayla J. Kosiorek, 27, of Oakfield, is charged with petit larceny. Kosiorek is accused of stealing cash from two different cash registers while working at the Days Inn in Batavia. She was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with criminal contempt 2nd. Stevens is accused of violating an order of protection on Aug. 26 at 6:21 p.m. at a location on Hutchins Street, Batavia. She was issued an appearance ticket.

Thomas F. Hofmeier, 21, no address provided, is charged with DWI and unlicensed driver.  Hofmeier was stopped on Sept. 2 at 1:07 a.m. on Alleghany Road, Darien by Deputy Jeremiah Gechell.  He was released on an appearance ticket.

Lucas Michael Countryman, 18, of Amherst Drive, Webster, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at a stop sign. Countryman was stopped on Aug. 25 at 10:55 p.m. on Clinton Street Road, Batavia, by Deputy Trevor Sherwood.

Courtney Lynn Hewitt, 41, of Webber Avenue, Oakfield, is charged with harassment 2nd. Hewitt is accused of striking a person in the head with a lamp on Sept. 4 at 1:30 a.m. at a location on Webber Avenue, Oakfield. She was issued an appearance ticket.

Jacob Jeter Bedard, 24, of West State Street, Albion, is charged with aggravated harassment 2nd. Bedard is accused of using electronic communications with another person for no legitimate purpose, causing alarm and annoyance, after being specifically instructed to cease all communication with the individual. Bedard was arraigned in Town of Batavia Court. An order of protection was issued. 

Jerry D. Walls, 58, of Albion, is charged with bail jumping 3rd.  Walls was arrested by State Police on Sept. 3 at 11:30 a.m. in the Town of Oakfield and ordered held on bail. No further details released.

Christopher S. Parker, 35, of Stafford, is charged with felony DWI, aggravated DWI with a child in a car, and endangering the welfare of a child. Parker was stopped on Sept. 3 at 1:22 p.m. in Pavilion by State Police and released on an appearance ticket. No further details released. 

Fully involved mobile home fire reported on Swamp Road, Byron

By Howard B. Owens

A fully involved mobile home fire is reported at 6972 Swamp Road, Byron.

The caller doesn't believe anybody is at home.  No cars in the driveway.

Byron, South Byron dispatched.  

The chief has requested a second alarm.  

Bergen, Elba, Oakfield, Stafford, and City of Batavia's Fast Team dispatched for the second alarm.

UPDATE 11:39 p.m.: Barre and Brockport were being dispatched to provide tankers but the chief on scene said the tankers can be canceled and requests a fill-in at the Byron Fire Hall.

UPDATE 12:05 a.m.: Stafford is filling in at Byron's hall.  Le Roy is going to fill in at South Byron's hall. The fire has been knocked down.  National Grid requested to the scene.

UPDATE 12:07 a.m.: A fire investigator requested to the scene.

 

Summer's Swan song draws neighbors together for block party

By Joanne Beck
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When Jerry Smith Jr. moved to Batavia 32 years ago, he enjoyed the friendly, active vibe.

The then-8-year-old Smith would visit the Wing Ding with family and friends, eat good food, enjoy fun activities, and be part of a community spending time together.

He has missed those summer get-togethers of his younger days, he said and decided to do something about it.

Smith organized a block party in his South Swan Street neighborhood Saturday.

“Definitely, when COVID came, people were more separated. It’s the last weekend of the summer to get together,” he said while serving as DJ and selling commemorative T-shirts under a tent in front of his home. “Bringing people together is always my vision. I’ve always been doing this.”

Although the party was a first, Smith has walked his talk as a youth coach for groups such as Batavia Bulldawgs, organizing three-on-three basketball tournaments, “old school barbecues,” and other similar events, he said. When asked if he had family at the event, with outstretched arms, he said, “Pretty much everyone here,” he said. “They’re all family.”

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“Hopefully we can make it a bigger event next year, on the last weekend of the summer,” he said.

He estimated about 100 people had attended the first portion of the event, and more were certain to show up later, when The Songbirds, Ray Williams and the All-Stars, and Tray da Don would take to the makeshift stage for live performances.

Smith’s mom, Willeen Woods, sat nearby under another tent as Michael Jackson and other energetic musical artists filled the air from nearby speakers.

“It’s a good day,” Woods said. “I think it’s a good thing.”

After polishing off a hotdog and other foods available by four or five vendors, 10-year-old Derrick Ponder agreed with Wood’s assessment.

“It’s good,” Derrick said, adding that he knows a lot of people at the party. “People are getting together.”

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He would come again next year, he said, as he ran off to play with some other kids there.

Myrin and Dannielle Lumpkin live just around the corner, and they had a tent with some fried chicken, and are known for their barbecued, soul and Caribbean fare. The Lumpkins own Mama Dee’z, and have been happy with the interactions and feedback they’ve received at recent events, Myrin said.

“It’s a beautiful thing, this is a nice small town. It’s a beautiful thing when people come together,” he said. “I think it’s worth it. Everything they’re having, we’re going to be there.”

The catering company — soon to be a restaurant with dine-in and take-out available, he said — was at the Italian Festival and plans to pitch a tent at many more warm-weather events in the future.

“We’ll do this again,” he said. “We’re looking forward to the Italian Fest next year, we liked that.”

Any food that doesn’t get sold is given away, he said, to folks who may appreciate some good home cooking.

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One attendee who asked to remain anonymous wasn’t quite as enthusiastic about the block party. The “community of Batavia is not getting together,” she said, pointing to what she felt was the lack of diversity at the event. Smith disagrees with that statement.

"I thought it went very well," he said Sunday. "And it was diverse."

Those that did attend seemed to be enjoying themselves, feasting on saucy chicken wings, grilled, barbecued and fried items, talking and joking around with each other and taking in the 80-plus sunny day.

Several years ago, a city initiative was to help organize block parties throughout Batavia. While some streets latched onto the idea of a neighborly gathering, others formed neighborhood cleanups. It didn't blossom universally in the city, but there have been sporadic events ever since, including a block party earlier this summer on the city's east side.

Hopefully, for Smith, his end-of-summer Swan (Street) song brought some of those fond memories back as a first step toward an annual tradition.

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Top photo:  Organizer Jerry Smith Jr., aka Venue Entertainment, serves up some music at the first-ever Swan Street block party Saturday in Batavia. June June Woods and Carline Santiago keep busy at their food station; Hanna Woods checks out the commemorative Block Party T-shirts that state on the back: Southside Thang; Tyrone Woods enjoys some vendor street fare; and above, Terry Smith fries up some chicken.

It's all about smiles and happy faces at Dwyer Stadium on concert night

By Howard B. Owens

When people leave Dwyer Stadium laughing and smiling, Robbie and Nellie Nichols know they've done the right thing, whether it's after a concert, a Halloween costume party, or a baseball game.

Special events at the stadium aren't about making money, Robbie said.  In fact, the two concerts the Nichols hosted this summer were costly and a lot of work, that's why there are only two of them. But they fulfill a mission and keep a promise, he said.

"For us, it's not about the money," Nichols said. "It's about us seeing people having a good time at the stadium and us keeping our word when we signed the lease for Dwyer, that you would see more than just baseball there."

On a golden summer evening on Saturday, Dwyer was filled with the happy vibe of Zac Brown fans there to see the Rochester-based Zac Brown Tribute Band.  Frowns were impossible to find on the infield grass or in the stands or in the concession area where Robbie Nichols himself was serving up cocktails in palm-tree-top plastic containers and tall cans of beer.

The good times had by all might also help fill up the stands during Muckdogs games, Nichols acknowledged.

"Maybe 50 percent of the people there had never been to Dwyer before," Nichols said. "A lot of people came from Buffalo and Rochester.  I just want people to get used to coming to the stadium. I had a couple of people say they didn't know the stadium was this nice and that they will definitely be back for a Muckdogs game."

Given the amount of work and expense that goes into putting on a concert, there won't be any more shows at Dwyer this year, but given the success of the two events this summer, Nichols plans on doing it again next summer once the baseball season is over.

"I think my wife and I like to see people happy and having a good time," Nichols said. "We like seeing smiles on their faces, and I think we accomplished that with these concerts."

The next events at Dwyer are a baseball camp hosted by GCC and Geneseo College playing a ball game against alumni, and then there is the Alzheimer's Walk on Oct. 1, followed by the Halloween bash, which was a big success last year, on Oct. 22.

Photos by Howard Owens

Robbie Nichols

Bergen entrepreneur a Top 20 for Grow-NY competition, to compete in November for $1 million

By Joanne Beck

Paul Guglielmo was sitting at his desk chatting with wife Ryann while he multi-tasked with emails, and spotted one message in particular.

He apologized for the expletive.

“I think I literally went ‘holy s—, I think we got selected for Grow New York,” Guglielmo said during an interview with The Batavian. “The realistic future of the next five years or so … this would accelerate it from a five-year plan to become a two-year plan.”

Earlier this summer, at the end of June, Guglielmo, CEO of Craft Cannery in Bergen, submitted an application for the 2022 Grow-NY competition. He was one of 390 entries. Touted as one of the biggest food and agriculture business competitions in the world targeting companies in the Finger Lakes, Central New York and the Southern Tier, Grow-NY provides opportunities for business owners to go on to a final competition with prizes of $250,000 up to $1 million for business investments.

Guglielmo attended last year’s event and ended up watching every single one of the 20 finalists. They each gave a 10-minute pitch, followed by five minutes of questions from the judges. Think: Shark Tank minus Mark Cuban.

He was impressed, to say the least, with those contenders, and thought ‘how smart’ they all were. It didn’t seriously cross his mind to enter until after a trusted friend and mentor suggested that he go for it. Tom Riggio, who is also his business partner for Craft Cannery, helped Guglielmo with the application.

“We sat down together and went through the application, and kind of punched it up,” Guglielmo said. “There was an option to add a video.”

As it turns out, a prospective company asked for some help to make a batch of new sauces at Craft Cannery. The company had someone who could shoot videos, so they bartered to make some sauce and record a video for the competition.

Guglielmo, who is also founder and CEO of Guglielmo Sauce, said he felt pretty confident going into it at that point. He had the two-minute promo and his own experience and knowledge of what he has — a two-year-old company that began with three employees and now has 10 — and the potential for so much more to double his staff, he said.

He will attend an orientation and get a mentor and a coach to prepare until the final competition on Nov. 16 in Syracuse. His pitch, not quite yet fully fleshed out, is three-pronged:

1. Funding us means funding the creation of other businesses.

“What I love about us is you’re funding all of these other businesses too, at least a few a month,” the 39-year-old said.

2. In order to service our bigger customers, we need the equipment.

3. Sustainability: Craft Cannery takes tomatoes deemed inappropriate for the retail market (they don’t look perfect) and uses them to make “perfect” sauce. By working with Intergrow Greenhouses, there is a potential to process 500,000 pounds of tomatoes that otherwise get tossed due to aesthetics.

“We rescue a couple tons a week of tomatoes headed to the dump … they’re undersized, oversized, and didn’t look good,” he said. “If we were operating in pure perfection, we could do about 200,000 pounds a year. I want to do all 500,000 pounds.”

Right now the company is doing much of the prep work by hand — scrubbing tomatoes, for example — and larger processing equipment would streamline that for more efficiency and ability to take on more product, he said.

Guglielmo’s vision is to create an entire line of New York State grown tomato products, with a full slate of crushed, chopped, diced and sauced versions of the red fruits. All of these plans need an infusion of money to expand the physical footprint of the business and fill a production room with equipment, such as large high-pressure hot water containers that spin tomatoes on metal wheels to peel off their skins and remove the seeds for puree and other similar seedless items.

He could easily spend the top $1 million award, Guglielmo said, but would be grateful for any amount, and is going into the final competition an optimist.

“I’m literally speaking out loud, talking to myself in my car. I want to bring some energy to the room, being energetic and enthusiastic without being corny,” he said. “Worst-case scenario, we come out of it with a really fine-tuned plan.”

Empire State Development is funding the competition through its Upstate Revitalization Initiative connected with the three regions—Finger Lakes Forward, CNY Rising and Southern Tier Soaring. Cornell University’s Center for Regional Economic Advancement is administering the competition.

Craft Cannery specializes in taking recipes from individuals, restaurants or food production brands, and adjusting it for large production. Customers range from marinara sauces to oils to hot sauces and BBQ sauces to salsas for brands across the region. It’s the exclusive production facility for Guglielmo Sauce, Sticky Lips BBQ, Old Pueblo Grill, Coach Tony’s, Uncle Ralph’s, Red Osier and dozens of other high-profile food brands.

File Photo of Paul Guglielmo, CEO of Craft Cannery in Bergen, by Howard Owens.

Law and Order: Rochester resident accused of fleeing from deputies in Bergen

By Howard B. Owens

Anthony Louis Liberi, 50, of Burrow Street, Rochester, is charged with unlawful fleeing a police officer in a motor vehicle 3rd, reckless endangerment 2nd, obstructing governmental administration 2nd, reckless driving, and failure right of way to an emergency vehicle.  Liberi is accused of fleeing from deputies attempting to make a traffic stop at 12:33 a.m., Aug. 27, on Buffalo Road in Bergen. The pursuit ended when Liberi's vehicle struck a median and his vehicle become disabled in the Town of Gates.  Gates PD assisted in the pursuit.  He was arrested by Deputy David Moore and Deputy Nicholas Chamoun.

Thea Mauritia Irons, 29, of Oak Street, Batavia, is charged with petit larceny. Irons is accused of shoplifting at Walmart on Aug. 29 at 5:02 p.m. and was arrested by Deputy Zachary Hoy. She was released on an appearance ticket.

Donald S. Lewandowski, 44, of Pembroke, is charged with DWI. Lewandowski was stopped by State Police on Main Road, Newstead, on Aug. 23. According to State Police, Lewandowski failed a field sobriety test. He was processed at SP Clarence following his arrest where he allegedly refused a chemical test.  He was released on an appearance ticket.

Stanley F. Piasecki, 61, of Alexander, is charged with DWI. Piasecki was stopped at  DWI checkpoint on Broadway in the Village of Alden. State Police say he failed a field sobriety test.  He was arrested and transported to SP Clarence for processing where he allegedly recorded a .11 BAC. He was released on an appearance ticket.

Alfred A Wasielewski, 63, of Pembroke, is charged with DWI and refusal to submit to a breath test. Wasielewski was stopped at a DWI checkpoint on Aug. 25 on Route 33 in the Town of Alden.  He allegedly failed a field sobriety test. He was issued an appearance ticket and released.

Wear your hard hat downtown: Batavia is (happily) a construction zone

By Joanne Beck

Even though the end of summer is now upon us, construction marches on for as long as the weather permits.

Batavia Development Corporation Director Tammy Hathaway recently reviewed a list of projects — from completed and in progress to still in the design phase — throughout downtown.

Hunt Real Estate’s new home at 97 Main St. is set for its debut with a ribbon-cutting ceremony on Tuesday while architectural and design firms are working out details for a revamped Batavia City Centre and Jackson Square.

Ellicott Station — the $22.5 million project of 55 units within an apartment complex, office suites and a restaurant/brewery is coming along, Hathaway said, sharing that she and City Manager Rachael Tabelski had taken a tour of the south side construction zone.

Standing just outside of the four-story, naked wood complex, one can hear power tools and occasionally see workers on the top floor. Peeking through the window and door cut-outs, one can see traffic along Ellicott Street and businesses on the opposite side of the street.

The project is moving along swiftly, Hathaway said during the BDC meeting at City Hall.

“It’s a gorgeous building,” she said of the defunct Della Penna site that’s part of the project.

Theater 56 will be going into the next phase of construction at its new location in Batavia City Centre, she said. BDC member Pierluigi Cipollone asked if the project was still on course for year-end completion. “As far as I know,” Tabelski said.

Other projects are underway from 99 to 216 Main Street, including a $5.25 million "Carr's Reborn" renovation, and focus has been placed on 60 Evans St., known as Creek Park LLC, Hathaway said. The LLC company is a subdivision of Batavia Development Corporation: "BDC will take ownership of  Creek Park LLC for land development," she said. "To make the unknowns known."

For example, Savarino Companies went through Creek Park LLC for its Ellicott Station project, she said. There is also a piece of property called Creek Park that sits behind the ice arena on Evans Street.

“We’re working on getting that into Brownfield development,” she said.

Brownfields are identified for potentially needing remediation to remove toxic materials from those sites. There has been some interest in the site, so far, Hathaway said, and it's unknown right now whether remediation will be required, so that will need to be explored.

“It’s been extremely exciting lately,” she said. “I have a major crush on this job.”

Three different blocks of projects have so far tallied estimated investments of $2.4 million, $66 million, and $1.14 million, she said, for all of the above sites, plus the Healthy Living campus, which is also under construction, and Ellicott Place, which has been completed on top of the Save-A-Lot building at Ellicott and Jackson streets.

A majority of the $69.4 million investment has been from private developers, with the Downtown Revitalization Initiative, and New York Main Street grants providing about $10.8 million toward the cost.

“I would say to pack your hard hat and work boots because so much is going on with tours,” she said to the BDC members.

Top Photo: Creek Park on Evans Street, Batavia, has been identified as potential development property; Ellicott Station developer Savarino Companies continues to progress toward a 55-unit apartment complex with 52 balconies, nine units dedicated to meet Americans with Disabilities Act requirements, 37 garage parking spots and 44 surface parking spaces, a laundry room, elevator, community room, bicycle storage and an enclosed ADA playground on Ellicott Street. Photos by Joanne Beck.

Batavia resident Jim Owen checks out the newly named BHS auditorium after his namesake

By Joanne Beck

Jim Owen, in red, back row, a familiar face as a long-time substitute teacher at Batavia City School District and honorary Mayor of Redfield Parkway, visited the high school to check out the newly named Frank E. Owen Auditorium, dedicated to his late father for forging a new and successful music program at the district during his 37 years as music director.

Owen was not able to make last week's dedication in person, but he was present in spirit, and via a pre-recorded video message of how much the event and naming meant to him, emphasizing that it was in honor of his father, music students, teachers and all that use the State Street auditorium. Superintendent Jason Smith, left, and BHS Principal Paul Kesler, right, flank Owen in a group of Blue Devils students happy to join in.

Earlier this week during a Board of Education meeting, the board accepted a $5,000 donation from Owen. He gave it for "any enhancements in the Frank E. Owen Batavia High School Auditorum at the discretion of the district."

Photo submitted by the city school district.

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