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Pok-A-Dot owner Phil Pastore passes at 93

By Howard B. Owens

Photo: Joe Marone, on the left, and Phil Pastore on the right. Marone and Pastore were partners in the Pok-A-Dot. Marone died in 2014. Also pictured, James Pero.

Philip Pastore Jr., who owned the Pok-A-Dot, a Batavia institution, for 65 years, passed away Tuesday at the age of 93.

Pastore was proud of his little diner that became legendary throughout the region and unique enough to be featured once on the Travel Channel.

In 2013, when celebrating the restaurant's 60th anniversary, he said, "It’s probably one of the greatest things in my life, to own something for 60 years."

Pastore died peacefully at the United Memorial Medical Center surrounded by his family.

He and Joseph “Trigger” Marone opened the Dot at the corner of Liberty and Ellicott as a hot dog stand in 1953. It quickly became a regular breakfast and lunch spot for locals and as the years went on, drew visitors from throughout the region, famous for its beef on weck.

The Gilmartin Funeral home is currently handling arrangements for the family.

Below is an article by Anne Marie Starowitz about the Pok-A-Dot that she gave The Batavian permission to publish:

Let’s Meet at the Dot: Remembering Philip Pastore

Every building has a story. The Pok-A-Dot has one that involves family, friends, bands, railroad tracks, ‘50s décor and thousands of customers.  All could add a page to the story of the Dot. My page would be going to the Dot in the ‘60s with my brothers and sisters and fighting over the swivel stools at the counter. Today when my brother and sisters’ families come home, the first place they want to eat at is the Dot! 

Prior to the establishment and construction of the “Pok-A-Dot” restaurant at the corner of Liberty Street and Ellicott Street in Batavia, a bandstand occupied the current parcel of land.  It was used for band concerts for the neighborhood residents. With the help of Congressman Harold Ostertag, and John Gioia, owner of Gioia’s Drug, the property was leased to Philip Pastore and Joseph (Trigger) Marone. They built what has been known as the Pok-A-Dot Restaurant.

They dug the foundation for the 20- by 20-foot “box type” wooden building in April 1953.  It was completed on June 6, 1953.  The sides of the building housed flaps, which were pulled down at the end of the business day. They were painted black with multicolored “Pok-A-Dots.” The idea for its name originated when they saw a house painted with polka dots. 

The first day the Pok-A-Dot opened, Philly and Trigger were ready with the cigar cash box, hot dogs and hamburgers for 20 cents and free ice cream.  At the end of their first day, the cigar cash box was overflowing with money. The tired, excited partners were guessing how much money they made at the grand opening. They thought at least $500.00. With eagerness, they began to count all of their money and were surprised that they made only $85.00. 

Added to the original menu of hot dogs, hamburgers, ice cream and ice cold root beer served in frosted mugs came “roast Beef on Wick” and a pepper and egg sandwich (the first in Genesee County).  As the business grew, more items were added to the menu. The cooking of the famous Beef on Wick began in Leona Pastore’s kitchen, along with pasta fagioli from the very infancy of the Dot.

The railroad tracks ran right behind the new Pok a Dot building. The tracks were so close you could almost touch the train as it went by. The workers for the railroad enjoyed the Dot and would park the train down by Swan Street unhook the engine and ride it to the back of the Dot and go in for lunch.

Eventually, the building was enclosed with windows, which were removed at the beginning of the warm weather. In 1961 an enclosed dining room was added with red tables and wrought iron chairs. Added to the 1950s décor was a jukebox with the small boxes on the counter.

The Pok-A-Dot became a place for many famous celebrities to sit and unwind after their performances across the street at the well-known Roman Room Restaurant. People like Al Martino, Julius La Rosa, Tony Pastore, Dick Contino and many well- known bandleaders were among them.

When you went into the restaurant, you were not given a menu. Rather the waitress would say, “What can I get you?”  All your choices were on the menu wall. If it wasn’t up there and they could make it, they would. Over the years, many young people worked at the Dot, including all of Mr. Pastore’s six children. The waitresses over the years were very loyal. The current manager Jo Anne has worked at the Dot for over 25 years. Jennifer, Nicole, Lynette, Jo Anne, and Melody make up the rest of the current working staff. You can find some of these ladies working different shifts from 6 a.m. to 9 p.m. on weekdays, and from 7 a.m. to 9 p.m. on Saturday. On Sunday the hours are 8 a.m. to 9 p.m..

The Pok-A-Dot has been featured in the book Sunlight Dialogues that was written by Genesee County’s most famous author, John Gardner, who frequented the restaurant as a young man. Each year in October the Pok-A-Dot hosts an evening of readings for the John Gardner Society from the great author’s books. Author and some time reader at these gatherings, Bill Kauffman, stated, “The Pok-A-Dot is the literary capital of Culinary Batavia.” The Pok-A-Dot has also been immortalized in the painting and calendar sketches of Batavia’s well-known artist, John Hodgins. Wanda Frank, a radio personality for WBTA made a CD, Grandpa’s Home for Christmas, which mentions the Pok-A-Dot in her radio play. It seems that the Pok-A-Dot is the setting for more than just a good meal.

To this day, people who grew up in and around the area and then moved away to different parts of the country return and make a special stop to enjoy the Beef on Wick for which the Dot has been famous in the Western NY region for 56 years.

In 1999 a business called Mail Boxes Etc. used a refrigerant technology to send perishable products in the mail. One of these boxes was used when a man came in and wanted to ship overnight a hot pepper sandwich from the Pok-A-Dot as a birthday gift to his brother. The brother used to live here and loved the sandwiches. There are many creative ways to ship the Dot’s food to different places.

T-shirts have been sold with the Pok-A-Dot logo and can be found as far away as California, Florida, Colorado and many more places.

The Pok-A-Dot has been a regular stop for thousands of people who want a good cup of coffee, good food and good conversation. “Meet you at the Dot,” is a well-known expression. You will always find the regulars and then you would find people like me who just go to the Dot to have a Beef on Wick, fries with gravy and root beer in a frosted mug.

In October of 2006, Phil Pastore and Joe Marone were honored at the Paulo Busti Cultural Foundation Brunch for Italians being in business for over 50 years.

October 2014, Joseph “Trigger” Marone died. Batavia mourned his passing.

Batavia mourns again. We lost Philip Pastore on July 17, 2018. Memories are swirling around in everyone’s mind remembering him and the Pok a Dot.  Our hearts go out to the Pastore family. 

Article published in "Back in the Day, Snapshot of Local History, The Way I See It," by Anne Marie Starowitz.

UPDATE: The Travel Channel show that included a segment on the Pok-A-Dot ran in Britain, called "American Times." The Pok-A-Dot appears at minute 29.

Severe thunderstorm warning issued for all of Genesee County

By Howard B. Owens

A severe thunderstorm warning has been issued for all of Genesee County by the National Weather Service and it is in effect until 10:45 p.m.

The storm is moving east at 35 mph hour with wind gusts up to 60 mph. Damage to roofs, siding and trees possible. 

The National Weather Service recommends moving to an interior room at the lowest floor of your building.

Large hail and damaging wind and continuous cloud-to-ground lightning spotted in this storm, along with torrential rainfall, and flash flooding is possible.

Grand Jury: Man with lengthy criminal history indicted for March robbery of Arby's

By Billie Owens

Michael J. Piasta Jr. is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on March 25 at the Arby's restaurant in Batavia, located at 212 W. Main St., that the defendant forcibly stole property and in the course of the commission of a crime or in the immediate flight from it, he allegedly displayed what appeared to be a pistol, revolver or other firearm. In count two, he is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property on that date that had a value exceeding $3,000. In count three, Piasta is accused of criminal possession of a weapon in the third degree, a second Class D felony, for allegedly possession an imitation pistoal with the intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Piasta is accused of having been convicted of: third-degree burglary, a Class D felony, on Dec. 20, 2010, in Genesee County Court; petit larceny, a Class A misdemeanor, on Sept. 7, 2010, in City of Batavia Court; attempted petit larceny, a Class B misdemeanor, on Jan. 18, 2011, in Town of Batavia Court; attempted failure to pay for service, based on stealth, a Class B misdemeanor, on May 1, 2002, City of Batavia Court; petit larceny again, on July 19, 2001, in City of Batavia Court; and criminal mischief in the fourth degree, a Class A misdemeanor, on April 5, 2001, in City of Batavia Court. These convictions form the basis for Count Three in the current indictment.

Lamont L. Crimes is indicted for the crime second-degree assault, a Class D violent felony. It is alleged that on May 28 in the Town of Elba that, with intent to cause physical injury to another person, Crimes caused injury to another person using a dangerous instrument -- a knife. In count two, the defendant is accused of the same crime involving a second victim.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that Delgado knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic -- cocaine -- and these were of an aggregate weight of one-half ounce or more.

Katelyn M. Bennett is indicted from the crime of driving while intoxicated as a Class E felony. It is alleged that on April 11 in the Town of Bergen that Bennett drove a 2011 Chevrolet on state routes 33 and/or 19 while intoxicated. In count two, she is accused of aggravated DWI, per se, as a Class E felony for allegedly having a BAC of .18 or more at the time. In counts three and four, the defendant is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing, respectively, concentrated cannibas and alprazolam (Xanax). In count five, Bennett is accused of unlawful fleeing a police officer in a motor vehicle in the third degree, another Class A misdemeanor. It is alleged in count five that she knew she had been directed to stop by a police officer or marked police vehicle and she attempted to flee at speeds which equaled or exceeded 25 mph above the speed limit, or she engaged in reckless driving (VTL 1212). In Special Information filed by the District Attorney, Bennett is accused of having been convicted of operating a motor vehicle while impaired by drugs, as a misdemeanor, on Dec. 20, 2011, in the Town of Gates and that conviction was within 10 years of the crimes alleged in the current indictment.

Brent J. Chapman is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on May 11 in the Town of Le Roy that Chapman drove a 2006 Lincoln on I-90 while intoxicated. In Special Information filed by the District Attorney, the defendant is accused of having been convicted for misdemeanor DWI on March 8, 2016, in the Town of Greece, and that convicted is within 10 years of the crime alleged in the current indictment.

Paul D. Fields Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 7 in the Town of Pembroke that Fields drove a 2002 Saturn eastbound on Indian Falls Road while intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 or more at the time. In count three, Fields is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time. In Special Information filed by the District Attorney, Fields is accused of having been convicted of DWI on April 10, 2006, in City of Batavia Court. That conviction forms the basis for Count Three of the current indictment.

Law and Order: Driver charged with DWI after rollover accident

By Howard B. Owens

Carl Bruce James Miller, 26, of Attica Road, Darien, is charged with DWI, leaving the scene of a property damage accident, and failure to keep right. Miller was charged following an investigation by Deputy Ryan Young into a rollover accident reported at 2 a.m. Sunday on Harper Road, Darien. There were two occupants in the vehicle at the time and were transported to ECMC for evaluation of minor injuries.

A 17-year-old resident of County Line Road, Darien, is charged with unlawful dealing with a child. At 3:41 a.m. on July 7, deputies responded to County Line Road, Darien, to investigate a report of an intoxicated male trespassing on a residential property. The youth charged was later accused of hosting a party at his residence where he provided alcohol to individuals under age 21. 

Nathan Adam Millar, 30, of Church Street, Alexander, is charged with harassment, 2nd. Millar allegedly struck another person during a disagreement.

Roy Watson Jr., 29, of Bank Street, Batavia, is charged with a criminal possession of a controlled substance, 7th. Watson was allegedly found in possession of a small quantity of cocaine at 2:30 a.m. Sunday at a location on Main Street, Le Roy.

Michael Arthur Brade, 34, of Olyn Avenue, of Batavia, is charged with sex offender failure to report change. Brade, a Level 3 sex offender, is accused of creating a new email account and not notifying authorities within 10 days. Batavia PD opened an investigation after being alerted by a parole officer.

Matthew I. Diers, 34, of West Main Street, Batavia, is charged with sex offender failure to report change. Diers, a Level 2 sex offender, is accused of creating a Facebook account and email address and failing to report it to authorities within 10 days. Batavia PD was alerted to the accounts by a parole officer.

New paddleboat service debuts during Oatka Festival

By Howard B. Owens

When Jay Beaumont and his partners decided to buy the Eagle Hotel in Le Roy in 2012 and open the Smokin' Eagle BBQ & Brew, Beaumont immediately noticed that the Eagle's back property line included access to the Oatka Creek.

His first thought: Paddleboats.

For the first few years of the Smokin' Eagle, Beaumont had many other restoration projects to work on in the old tavern and hotel at 9 Main St. His idea was to build a wooden dock and that, he figured, would be a lot of work.

As Bill Farmer's restoration project of the Creekside Inn at 1 Main St. progressed, Beaumont put his idea on hold.

"As Farmer started to pick up the pieces, he told me he would build us access to the creek," Beaumont said. "What he built was the Taj Mahal down there. He really advanced my idea."

With further research, Beaumont found a pre-built plastic dock that could be floated into place. That was installed this past Thursday, just in time for annual Oatka Festival and the Eagle's inaugural Paddleboat Regatta.

The regatta started with just enough hardy sailors to power five paddle boats. By the end of the first race, there were enough new entrants for a second race, and by the end of the third, enough for a fourth race. The top two teams from each race then faced off in a finals race.

"It was really exciting," Beaumont said. "It was a big hit."

Beaumont has hired some high school students to help get customers on and off the boats and a college student to manage the business.

"The kids did a great job," Beaumont said. "It's a chance for them to get experience in a small business but it's also fun. What could be a more fun job? What kid wouldn't want to do it?"

The dock also includes a kayak ramp so any kayaker on the creek can stop at the Eagle or the Creekside Inn for a drink, snacks or a meal.

Besides paddleboats, the concession rents kayaks.

Paddleboats are $20 an hour with a weight limit of 460 pounds and children must wear a life vest.

Kayaks are $10 an hour.

For kayakers who want to dock their own kayaks to visit the restaurants, there is a $10 fee, which helps cover the cost of dockside staff assisting the boaters, but the customers will receive a $5 voucher for the Smokin' Eagle.

Beaumont said the service will be open from 11 a.m. to dusk every day of the week, but those hours may be adjusted as they learn to gauge demand.

Rentals will not be available during times of heavy water flow on the creek for safety reasons.

DEC says toxic soil on city property next to Superfund site has been removed and replaced

By Howard B. Owens

The Department of Environmental Conservation has completed clean up of environmental contamination on city property next door to the former Batavia Iron and Metal Co. property at 301 Bank St.

The former metal recycling plant is a state Superfund site and has been a target of environmental remediation for toxic waste since 2013.

The property in question is land along the northern end of the Dwyer Stadium parking lot.

Clean up of the entire site is almost complete.

From August 2017 to June 2018, crews removed soil along the property line and at the rear of the property.

"The primary goal of the cleanup effort was to ensure effective removal and property disposal of contaminated soil and debris on City property and to restore the property with clean soil," the DEC stated in a report on the project.

The contractor was Nature's Way Environmental, from Alden.

During remediation, 17,000 tons of soil and debris was removed. 

The city property received clean soil and grass seed.

The DEC estimates the remaining surface clean up of the Iron and Metal property will be completed by late 2018.

The site was operated as a metal recycling facility from 1951 to 1999. Two furnaces operated on the property from the early 1970s until 1994. The furnaces reclaimed wire and smelted white metals. Before the furnaces were installed, the company used open-burn dumpsters to remove insulation from wiring.

From these activities, contaminants leached onto city property and three neighboring residential properties.

Cleanup of the residential properties was completed in 2014.

County's tight labor market gets tighter

By Howard B. Owens

All signs point to a tight labor market in Genesee County with more than 1,000 known job openings and only 1,100 people considered unemployed.

While local companies struggle to find workers, Genesee County's labor force size may have shrunk. 

Labor force participation has declined from May 2017 (the most recent month of data available), when it was 29,900, to 29,500 in May 2018. It was 30,400 in 2016 and 30,800 in 2015. The highest level since 1990 was 33,800 in 2009.

The decline could reflect Baby Boomers retiring, out-migration of prime-age workers, or a number of prime-age workers still sitting on the sidelines. There are not detailed enough statistics for a small county to say.

Nationally, the labor force participation rate is 62 percent, well below the pre-recession level of 66 percent. At the same time, wages have started to go up but not as fast as inflation.

Genesee County's unemployment rate -- as a measure of prime-age working people who either have a job or are looking for work -- was 3.8 percent in May, lower than a year ago, at 4.4 percent, but the same rate as May 2016.

It is the lowest unemployment rate in the GLOW region.

The lowest rate for May since 2000 was 3.5 percent in 2001 and the highest was 7.5 percent in 2012.

That reflects 1,100 people in the county who don't have adequate work but want work. The highest that number has been since 1990 was 2,700 in 1992.

The number of employed Genesee County residents in May was 28,400, down from 28,600 a year prior. It was 29,200 in May 2016 and 29,400 in May 2015. The highest its been since 1990 was 32,300 in 2006.

The Job Development Bureau has 1,036 job listings. That may not reflect all of the job openings in the county.

The sector with the highest number of listed job openings is agriculture, with 307, followed by manufacturing, 222, healthcare, 193, and retail, 65.

Every major employer in Genesee County has openings to fill, with many at hourly rates from $15 an hour to $25 an hour.

Back in 2014, when we did a story about job listings at the agency, there were only 279 listings. In April 2017, Director Scott Gage said there were 760 jobs listed.

The Job Development Bureau, 587 E. Main St., Batavia, is hosting a mini job fair from 10 a.m. to noon, Tuesday, July 24.

City applying for grant to see if its worth expanding Falleti Ice Arena to attract more sporting events

By Howard B. Owens

The City of Batavia will file an application with the State of New York to fund a feasibility study on the possible expansion of the Falleti Ice Arena. 

The study will look at expanding the size of the building to add a second ice rink and possibly a field house suitable for indoor soccer, lacrosse, flag football and other indoor sports.

The study will look beyond just what Genesee County will support but whether an expanded facility can bring in more tournaments and attract sports tourist dollars from throughout the region, including Rochester and Buffalo, said Interim City Manager Matt Worth.

"That's probably the key as much as anything," Worth said, "to capture a tournament that would draw from both of those cities and be convenient. Absolutely that will probably be the key to it."

The impetus for the grant request came from parents involved in hockey at Falleti.

"The hockey parents there they are organized and are very interested in expanding that," Worth said. "Nowadays, virtually all these ice rinks are built with two sheets of ice. It's the most economical way to do it. Usually, for tournaments, things like that, it's ideally at least two sheets of ice."

The grant would come through the state's portion of Community Development Block Grant funding and a feasibility study would cost from $30,000 to $50,000.

The study would look at the demographics of the region, the need, the opportunity, the viability of an expanded facility and what, if any, economic impact it might have on Batavia. The study would also help determine the anticipated cost of expansion and how it might be funded.

The City Council approved an application for the grant at its meeting Monday night.

"The planning grant is to determine the feasibility of adding an additional sheet of ice to the ice rink as well as the possibility of a field house, which would be basically an indoor turfed area that would be available for indoor soccer, lacrosse, flag football, things of that nature, to see if the community in the sporting area, if there's enough interest, enough economics to support that type of investment," Worth said.

Law and Order: Elba man charged with rape of young teen

By Howard B. Owens

Jason F. Cole, 44, of Quaker Hill Road, Elba, is charged with rape (intercourse by forcible compulsion), second-degree rape, second-degree criminal sexual act, and second-degree strangulation. Cole is accused of engaging in sexual intercourse and oral intercourse with a person less than 15 years old on numerous occasions. He was jailed on $50,000 bail. The investigation was conducted by Investigator Joseph Loftus and Deputy Howard Carlson.

Joseph Michael Tornabene, 26, of Dellinger Avenue, Batavia, is charged with criminal contempt, 2nd, and criminal mischief, 4th. Tornabene is accused of violation of a no-offensive conduct order of protection. He was allegedly involved in an incident where he damaged property in the presence of the protected person. He was jailed on $2,500 bail.

The arrest of White and Wozniak by Batavia PD officers Klimjack and Catherine Mucha on Friday. (Photo by Howard Owens.)

Keith R. White, 46, of Oliver Street, North Tonawanda, and Jeffery P. Wozniak, 49, of 79th Street, Niagara Falls, are charged with petit larceny, conspiracy, 6th, and criminal possession of stolen property, 5th. White and Wozniak are accused of stealing $985.27 in merchandise from Tops Friendly Market at 11:54 a.m. Friday, including steaks, lobster, shrimp, a roast, and several household items. They are also accused of stealing merchandise from Walmart in Batavia. Both suspects were issued appearance tickets. The case was investigated by Officer Catherine Mucha and Officer Frank Klimjack. White is also charged with third-degree burglary and fourth-degree grand larceny. White was arrested by Deputy Travis DeMuth in connection with the alleged Walmart theft. On that charged, he was arraigned and ordered held without bail. (see previous)

Juaquin Enriquo Davis, 23, of Milton Street, Rochester, is charged with violating an order of protection, obstruction of governmental administration, and resisting arrest. Davis was arrested following an investigation into a dispute reported at 12:25 a.m. Thursday on Thomas Avenue, Batavia, by Officer Peter Flanagan. He was jailed on $5,000 bail or $10,000 bond.

Treyvaun T. Filbert, 23, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Filbert was stopped at 1:05 p.m. June 29 on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Nicole L. Matia, 43, of Liberty Street, Batavia, is charged with trespass. Matia allegedly entered a neighbor's home and refused to leave when asked.

Bleyke Z. Culver, 21, of Batavia, is charged with criminal contempt, 2nd. Culver allegedly violated a stay away order of protection during a disturbance on Maple Street at 9:34 p.m. on July 5.

Ronnie Joe Flinchum, 59, of East Main Street, Batavia, is charged with assault, 3rd. Flinchum was allegedly involved in an incident at his residence on East Main Street at 3:45 a.m. on July 1. He was ordered held on $1,000 bail.

Pavel V. Yefremenko, 30, of Walnut Street, Batavia, is charged with criminal mischief, 4th. Yefremenko allegedly damaged property belonging to a woman he knew at 7:47 a.m. on July 4.

Erica M. Raphael, 33, of Pratt Road, Batavia, is charged trespass. Raphael allegedly entered a local business on East Main Street, Batavia, after being previously banned.

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with criminal trespass and endangering the welfare of a child. Dhanda allegedly entered the residence of a person he did not know on Swan Street at 6:08 p.m. on July 2. He was jailed on $5,000 bail. Dhanda is also charged with second-degree harassment for allegedly spitting on another person at 7:24 p.m., July 2.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. Richardson was arrested on a warrant by members of the Local Drug Task Force and jailed without bail. 

Michael Alan Shetler, 28, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. Shetler allegedly violated a stay away order of protection at 10:41 p.m. Sunday in Oakfield. He was jailed on $2,500 bail.

Kelly Patrick DiMatteo, 34, of Byron Holley Road, Byron, is charged with felony DWI, refusal to take a breath test, failure to keep right, and moving from lane unsafely. DiMatteo was reportedly involved in a single-vehicle accident on Lyman Road, Byron, at 8:14 p.m. on July 4. He was jailed on $10,000 bail or $20,000 bond. The accident was investigated by Deputy Andrew Mullen.

Ronald G. Metz, 69, of Lewis Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to signal, and failure to keep right. Metz was arrested following a complaint of an erratic driver at 4:51 p.m., June 29, by Investigator Christopher Parker.

Becky L. Frens, 56, of Batavia, is charged with torture to an animal (not feeding). Frens was arrested by State Police in relation to an incident reported at 3 p.m., Tuesday, in the Town of Batavia. Frens was issued an appearance ticket. No further details released.

Frank R. Cratsenberg, 57, of Akron, is charged with trespass and petit larceny. Cratsenberg was arrested in connection with an incident reported at 3:26 p.m., June 11, in the Town of Alabama. He was arraigned and ordered held in jail. He was arrested by State Police. No further details released.

Ryan Bartholomew, 24, of Batavia, is charged with unlawful possession of marijuana. Bartholomew was stopped by State Police at 10:25 p.m. Sunday by State Police at the Batavia Thruway interchange.

Governor Cuomo announces eight 'transformational projects' for Batavia as part of $10 million award

By Billie Owens

Steve Hyde, CEO of the GCEDC and co-chair of the DRI Local Planning Committee, Rachel Tabelski, new director of the Batavia Development Corp., Pat Burk, director of Batavia Players, Beth Kemp, director of the Business Improvement District, and Matt Worth, interim city manager.

Statement from Rachel Tabelski:

“Batavia is thrilled to see the announcement of the DRI projects today, and we want to thank Governor Cuomo and his administration for their support. The DRI funding will continue to transform Downtown Batavia into a vibrant center of business, dinning, shopping and entertainment.  The three guiding principals of the DRI included healthy living, arts and entertainment, and prosperity for all which will be achieved through these projects. The Batavia Development Corporation is ready to assist, not just the projects that were funded, but to work with the projects that were not selected to help them move forward,” said Rachael Tabelski, director of Economic Development for the Batavia Development Corporation.

UPDATE, statement by Assemblyman Steve Hawley: 

“I am overjoyed with the City of Batavia receiving this $10 million grant from the Downtown Revitalization Initiative award. These investments in Downtown Batavia will help create new development, turn public space into valuable community uses, and improve delivery of local healthcare. It will go an immensely long way to revitalize Batavia’s business district, increase downtown housing and retain and attract jobs, and employers locally,” said Assemblyman Steve Hawley (R,C,I-Batavia).

Press release the office of Gov. Andrew Cuomo:

Governor Andrew M. Cuomo today announced eight transformational projects for Batavia as part of the $10 million Downtown Revitalization Initiative award.

The strategic investments in downtown Batavia will help to drive new, mixed-use development, improve access to local healthcare, and transform public space for community use. The investments are part of the Governor's ongoing efforts to revitalize the upstate economy and create more opportunities for the Finger Lakes.

"Through smart investments and sustainable development, we are transforming Batavia's downtown and generating prosperity throughout Western New York," Governor Cuomo said. "These projects will help to not only preserve Batavia's rich history and character, but they will enhance the city as a destination and act as an engine for future growth for the entire region."

Batavia was named a DRI Round 2 winner in October. The downtown area is a mixed-use, affordable neighborhood with access to jobs, anchor businesses, and city and county services. The area has an excellent foundation upon which to continue its revitalization, including amenities such as recreational sites, healthcare facilities, food markets, a library, and various retail and restaurant venues in a walkable environment.

The eight specific projects to be funded through the DRI include:

1) Create a Thriving Residential and Commercial Hub on the site of the former Della Penna property by constructing a new mixed-use development on the vacant and abandoned industrial brownfield. The new Ellicott Station will contain mixed-income residential units, four commercial spaces, and a brewery/restaurant and will leverage more than $20 million dollars in grants and private investment, become a thriving residential/commercial anchor for downtown Batavia. ($425,000)

2) Rehabilitate the Former Genesee Bank and the Carr's Department Store Buildings for Mixed-Used Redevelopment. The first floor of the buildings, which have been vacant for more than five years, will be renovated for commercial uses, including a new cidery/café and retail and office incubator space. New mixed-income upper-floor residential units on the upper floors will provide additional housing options for downtown residents. ($1,000,000)

3) Establish Ellicott Place as New Mixed-Use Gateway to Downtown by renovating a large, underused building at a prominent location on Ellicott Street to include three first-floor commercial spaces, first-floor covered parking, and 10 upper-floor residential units. A new elevator and facade upgrades will improve access and instill community pride in a previously chronically vacant space. The redevelopment of this 48,121-square-foot building will complement the nearby Ellicott Station project and establish a new gateway to the downtown. ($1,150,000)

4) Develop an Intergenerational Healthy Living Campus in the Heart of Downtown, including a new home for the Genesee Area YMCA. The centrally located facility will include a 55,000- to 60,000-square-foot building and parking for 300 cars. Together with a complementary medical building planned for the site of the former YMCA building, the project is expected to generate 3,000 visits downtown daily. ($4,075,000)

5) Establish a New Regional Performing Arts Center at Batavia City Centre by renovating the façade and interior of the city-owned building. The new visually prominent and centrally located downtown theater will feature space for offices, concessions, retail, and a dance academy, and will augment nightlife and weekend activity. ($700,000)

6) Support Downtown Building Improvements by creating a Building Improvement Fund that will provide grants to assist downtown property owners to undertake both interior and exterior renovations. Building improvements will enhance the aesthetics and livability of the downtown core and provide opportunities for new entrepreneurs to establish their businesses. ($600,000)

7) Transform City Centre into an Indoor Market and Performance Space by upgrading the concourse and entrances to accommodate an indoor marketplace with micro-retail kiosks and public performance space to hold community events. Improvements will include flooring, lighting, entrance structures, wall color, and roof upgrades. ($1,000,000)

8) Enhance Jackson Square, a public gathering space bordered by historic buildings in the heart of downtown, with decorative pavement upgrades, a multi-level deck/stage, seating, lighting, decorative signage, a networking nook, and landscaping. The upgraded public plaza will become a lively hub and common space for community interaction, and provide connections to multiple businesses through its unique alleyway node configuration. ($750,000)

"Growing the downtown core of the City of Batavia is an important part of our Finger Lakes Forward initiative," said Lieutenant Governor Kathy Hochul. "Batavia is at the heart of a growing and diverse regional economy in Upstate New York.

"From the arts, to agriculture, advanced manufacturing, and entrepreneurial startup companies, great things are happening in Batavia and across the region. The Downtown Revitalization Initiative projects announced today will foster more growth throughout Batavia's central business district, creating jobs and transforming this historic part of Genesee County."

New York Secretary of State Rossana Rosado said, "The City of Batavia will see great benefit from these investments, and we are excited to see these plans come to fruition. Governor Cuomo's Downtown Revitalization Initiative is an effective way to bring transformative growth to communities across the state while bringing out our collective competitive spirit."

Empire State Development President, CEO & Commissioner Howard Zemsky said, "Projects in Batavia supported through the DRI will help create an inviting, engaging downtown that will encourage investments and growth in new businesses, and quality of life improvements for its residents and visitors."

NYS Homes and Community Renewal Commissioner RuthAnne Visnauskas said, "Through Governor Cuomo's Downtown Revitalization Initiative, these community-led, targeted investments will combine with HCR's $379 million investment in the Finger Lakes over the last seven years that has created affordable housing for about 12,200 residents to help ensure that as Batavia's economy grows, all New Yorkers have the opportunity to take part. In New York State, we are lucky to have a Governor who understands how to build inclusive, long-term economic success."

Senator Michael H. Ranzenhofer said, "This first part of $10 million in state investment will help revitalize our local neighborhoods and move our Upstate economy forward. Each one of these eight transformational projects will take downtown Batavia to the next level."

Eugene Jankowski Jr., Batavia City Council president, said, "Today's announcement of Governor Cuomo's Downtown Revitalization Initiative is exciting news for the City of Batavia and our downtown district. We are thrilled for the projects that were chosen and the City will be ready to assist them move forward. We are also dedicated to work with all the project owners that applied to the DRI, but did not receive funding to help them succeed in their plans here in Batavia. In all, the DRI investment could yield over $40 million in private investment directly into the downtown core of our city and that will bring prosperity to all."

Intermim Batavia City Manager Matthew Worth said, "The City of Batavia is very excited by the DRI announcement and for this investment into its downtown. These projects will be an infusion of activity into Batavia's downtown that will give momentum for additional projects to move forward. The City is prepared to partner with the Batavia Development Corporation and the Genesee County Economic Development Corporation to assist any and all proposed projects. The City is grateful to the Governor's office to have been included in the Downtown Revitalization Initiative. Congratulations to the award recipients!"

Steve Hyde, president and CEO of the Genesee County Economic Development Center and Batavia DRI Local Planning Committee co-chair, said, "Through a collaborative process, we have identified various private and public projects that have been vetted publicly. We are confident these projects will further our mission of growing our economy and revitalizing our urban core as peacemaking and downtown redevelopment is such a critical piece of today's live, work and play models required by our multi-generational community.

"These projects will be a catalyst for future private sector investments as we continue our collaborative efforts to redevelop the city of Batavia. Thank you to Governor Cuomo for his vision to invest in placemaking and downtown revitalization across New York and for his confidence in Batavia and Genesee County's enabling its continued growth and redevelopment."

Finger Lakes Forward

Under the Finger Lakes Forward initiative, the State is investing in key industries including photonics, agriculture and food production, and advanced manufacturing. Today, unemployment is down to the lowest levels since before the Great Recession; personal and corporate income taxes are down; and businesses are choosing places like Rochester, Batavia and Canandaigua as a destination to grow and invest in.

Now, the region is accelerating Finger Lakes Forward with a $500 million State investment through the Upstate Revitalization Initiative, announced by Governor Cuomo in December 2015. The State's $500 million investment will incentivize private business to invest well over $2.5 billion -- and the region's plan, as submitted, projects up to 8,200 new jobs. More information is available here.

Fundraising page set up for owners of the Stumblin' Inn

By Howard B. Owens

Steve and Jim Goff, owner and manager, respectively, of the Stumblin' Inn in Elba since 1979, have pretty much lost everything, according to a GoFundMe page set up by Jess Goff.

The goal of the page is to raise $10,000 but the page notes that excavation of the remains of the 143-year-old building will cost as much as $25,000. 

The appraised value of the property was only $67,700 and Jess Goff, on the GoFundMe page, said there was no fire insurance on the structure.

In addition to all of the personal belongings of Steve and Jim, including tools, was all the memorabilia that went with 40 years of ownership of a community landmark and a place that hosted countless local musicians for a countless number of shows.

"My dad says that these are all just things, but the saddest part of all of this is the death of so many memories for so many people," Jess Goss wrote.

Both Steven and Jim lived in the building and lost all of their personal belongings.

The Stumblin' Inn hosted many community fundraisers over the years.

There may be other fundraisers in the work but so far nothing definitive has been announced.

Fire investigators have determined the fire was accidental/non-intentional but the exact cause of the fire is unknown. Evidence indicates it started on the inside of the building and it's unknown how long it was burning before it was discovered.

Previously:

Batavia resident in guarded condition at Strong after rollover accident by GCC

By Howard B. Owens

A 51-year-old Batavia resident involved in a rollover accident on R. Stephen Hawley Drive yesterday is in guarded condition at Strong Memorial Hospital this morning.

At strong "guarded" means the patient is in the intensive care unit.

The driver of the vehicle was Gerald E. Nicholson. The initial report said Nicholson was trapped under his pickup truck after it rolled over in a cornfield to the east of the roadway. A trooper at the scene said it appeared Nicholson's truck came over the hill, heading north, on Hawley Drive and failed to negotiate the curve and Nicholson may have overcorrected.

Nicholson was transported by Mercy Flight to Strong Memorial Hospital.

A first responder said Nicholson was conscious and alert during extrication and sources described his injuries as apparently non-life threatening while he was at the scene.

State Police have not been forthcoming with information about the accident. We don't have the make, model or year of the pickup truck or any information on the status of the investigation.

UPDATE 1:35 p.m.: A State Police sergeant said Nicholson was driving a 2007 Ford F-150. It does appear he came over the hill, lost control and overcorrected. Citations have been issued but the sergeant didn't know the exact charges. The accident is still under investigation but DWI is not suspected. 

Previously: Pickup truck driver taken by Mercy Flight to Strong after rollover accident by the college

Pickup truck driver taken by Mercy Flight to Strong after rollover accident by the college

By Billie Owens

[Editor's Note: Due to technical diffculties, the site has been down for about an hour and we have been unable to post anything until now.]

Shortly after 1 p.m. a pickup truck rollover accident was reported on Assemblyman R. Stephen Hawley Drive near Batavia Stafford Town Line Road. The driver was pinned underneath the wreakage after being ejected.

Town of Batavia Fire Department responded to the scene along with mutual aid from Stafford Fire Department. State police and Sheriff's deputies were also on scene.

The male driver was reported extricated at 1:32 p.m. and it took medics 20 minutes to stablize him in an ambulance before he could be transported via Mercy Flight to Strong Memorial Hospital in Rochester.

It appears the gray pickup was northbound on Assemblyman R. Stephen Hawley Drive and when it came over the crest of a hill by the MedTech Center, the driver may have lost control of the vehicle. There are skid marks in the middle of the road in front of the MedTech Center.

The pickup skidded off the roadway, flipped over, ejecting the driver and landing in a cornfield.

State police are investigating the accident.

Photos from the scene will be posted later today.

UPDATE 6 p.m.: The State Police have declined to provide any further information about the accident.

UPDATE 7:15 p.m. : non-life threatening injuries, according to a source.

Village of Corfu resisting county's proposed new water contract

By Virginia Kropf

The Village of Corfu is digging in its heels when it comes to the county’s demand that it sign a new contract allowing the county to increase rates charged for water.

“We want to make sure as a board we let everyone know what we’re dealing with,” said Mayor Joseph Biggs Johnson at Monday night's village board meeting.

Trustee Al Graham explained to the more than 40 residents who attended that the village has a 40-year contract with the county, with 22 more years to go, guaranteeing a rate of 60 cents per 1,000 gallons of water used.

“Now they want us to do away with that contract and sign another allowing them to charge any amounts the county decides are necessary,” Graham said. “The money collected will be used to provide water to other Genesee County residents, and as we already have a water system in place, we won’t get any benefit from this increase.”

Genesee County said the increase is necessary because they underestimated the demand for water throughout Genesee County and the rate needs to be raised substantially to generate the money to pay for more water.

The Corfu Village Board is further upset by what it considers a threat from the county attorney to take away sales tax from the village, even refusing to maintain water lines if Corfu fails to sign the new contract.

One resident remarked the village was essentially being held hostage.

“We don’t like the words ‘blackmail’ or ‘extortion’ but we’ve been told we can sign or we can lose a big portion of our sales tax, which we use to run our village,” the mayor said.

He said then they would be forced to raise taxes.

Trustee Tom Sargent said other towns had already signed, except Corfu, Darien, Pembroke and the City of Batavia.

Johnson said another thing which upset them was the fact the county couldn’t tell them if the charge would increase past 60 cents, and no plans or improvements were ever discussed with the village before the decisions were made.

Graham said the village board has to investigate legal action.

“But we have to expect if we come in with a lawyer, the county will have 20,” Johnson said.

He said the county justifies the increase by rationalizing in this way: When the entire county has water, it will attract more business and more residents, which will result in more sales tax.

“But will it be enough to offset the extra cost?” Johnson asked.

A lady in the audience said there was no guarantee new businesses would be coming in, when businesses are moving out of New York State and people are leaving.

Another resident asked why areas which still need water couldn’t be charged enough to pay the cost, but the mayor explained the county wanted to be fair and charge the entire county.

When someone asked what the board’s stance was, the reply was, “We won’t sign.”

That was met with rousing applause from the crowd.

“If we would benefit by better water, it would be acceptable to pay more,” Graham said, “but we aren’t going to.”

The board said it has been getting pressure from the county for several months to sign.

Village Attorney David Saleh said taking money from one source as a penalty for another may be legal, but it also may be a breach of Corfu’s existing contract, something he is looking into.

The board urged residents to contact their state and county lawmakers and express their concerns.

The county was invited to send a representative to the meeting, but no one attended.

It was decided to schedule another public hearing on a date which is convenient for someone from the county to attend.

Excavator pulling apart Stumblin' Inn to help firefighters reach hot spots

By Howard B. Owens

An excavator is tearing down what remains of the Stumblin' Inn in Elba this afternoon while fire crews keep the smoldering wood wet and attack hot spots that flare up as they get air.

"The building was constructed in the late 19th century, balloon construction, and there was fire throughout the building," said Jim Bouton, deputy emergency management coordinator. "The only way to successful to get to the hot spots now is with heavy equipment to haul the building apart so they can get to these hot spots in the building, otherwise we’re going to leave here and there is a potential for this lighting back up and we don’t want that to occur."

Bouton explained that as the fire caused the roof to collapse, it created trapped hot spots that can't be reached without pulling the wood apart, and as that happens, air hits those pockets and feeds the fire.

Crews will keep working on the fire until there's no evidence of remaining hot spots.

Meanwhile, the Village of Elba remains closed to through traffic.

The cause of the fire is officially undetermined. Investigators suspect an electrical issue.

UPDATE 4:55 p.m.: In about a half hour, all equipment will be removed from the roadway, so it can be cleaned up, the chief says.

Previously:

Fire destroys the storied Stumblin' Inn, a community landmark since the 19th century

By Billie Owens

Over the decades, many local residents enjoyed their first beer at the Stumblin' Inn in the Village of Elba, and some also drank their last there, noted Chuck Hoover, who drank his first beer there when he turned 18 (the legal drinking age then).

Today, the bar, former hotel (built in 1875), live music venue, and community hub was destroyed by fire.

"At about 9 a.m. we were dispatched for fire on the outside of the building, a couple minutes later when we arrived there were flames coming from the north-northeast side, coming out of two bottom windows, and one window on top," said Elba Fire Chief Mike Heale, adding that they are investigating whether the blaze began inside or outside.

The fire quickly went to a second, third and possibly fourth alarm, Heale said.

Multiple power lines stretched in front of the building were a problem and the logistics of setting up the hydrants and tankers, and truck placements were difficult in the village setting, Heale said, but thanks, in part, to recently installed village fire hydrants, firefighters were able to put a lot of water on the fire quickly.

The balloon construction of the building allowed flames to quickly climb into the attic and then across the length of the structure, which is a total loss.

"We got a good jump on it," the chief said. "We were on point with our pre-plan. We caught a break with the (lack of) heat. ... We attempted to go in through the backside but we immediately pulled people out."

Building owner Steve Goff and his brother, Jim Goff, manager of the bar, both got out of the building safely before the first firefighters were on scene. Steve Goff acquired the building in 1979, when the bar became the Stumblin' Inn.

Rehab for firefighters was set up at the Elba Fire Station and there were enough responders from two counties so that firefighters were rotated through to keep them hydrated.

The fire was reported to be under control shortly before 1 p.m.

According to the 1985 History of Genesee County, published by the Holland Purchase Historical Society with assistance from the Genesee County Department of History, Elba's first hotel, the Pine Hill Hotel, opened in 1815 and was owned by Steve Harmon.

The hotel was destroyed by fire in September of 1874. A new hotel was built and was in operation by July 23, 1875. The Elba or Swartz Hotel (a reference to the Swartz family who took it over from W. B. Moreau in 1882 and operated it for more than 50 years) was passed down through the years and had several different owners before Goff bought it.

Other owners have included Charles and Frank Zambito, Tony and Alice Tartaglia, Tom and Marty Greer, Betty and Tom Hemmerick, and Peter C. Marowski.

"Hotels and taverns have also played an important role in the lives of Elbans since the early days when Wyllis Tavern provided, food, drink and lodging for travelers and a place for local people to meet for refreshments and to get the news," the history book notes.

"It's been here for a lifetime," said Doug Chappius, who along with his wife, Sandra, have owned and operated Chap's Elba Diner at 5 S. Main St., Elba, for the past seven years. "I can remember when I was a kid coming here. As soon as I turned drinking age, that's where I went. I'm from Albion. I remember riding snowmobiles, four-wheelers here.

"Everybody used to come here. It's a loss for party people."

Chappius said when the fire broke out, "a lady came into the restaurant and she said 'There's a fire over there. Can I get a bucket of water to put it out?' She didn't seem very excited but I told my dishwasher to bring a bucket of water over there.

"I guess there was a little fire on the floor -- inside right by the front door -- and by the time he got there, it blew the window out and he backed off and came back."

Chuck Hoover, a lifelong resident of Elba, says "It's a sad day in Elba" because the Stumblin' Inn holds a lot of memories; it was an Elba landmark.

"It was a place where people gathered to meet, they sponsored go-cart rides, held parties," Hoover said. "It was just a good place for people to gather and meet. Listen to some live music from time to time. We use to go there after the field day, after reunions. It was old-school."

He said the Stumblin' Inn has been a community gathering place for years and the Goffs hosted many community charity events.

Bob Given, who has lived in Elba for 55 years, said he remembers when the hotel was three stories and there was a dance floor on the third floor. There was a restaurant that served spaghetti and fish fries on Friday night.

"The older you get, the less you frequent those places," Given said. "I'm glad it went on a day like today -- not with the wind blowing or in 10-below weather."

The Stumblin' Inn was popular with local musicians and area residents who enjoy live music.

"The Stumblin Inn has been a staple in the local music community for so long, it's hard to imagine a world without it," said Paul Draper, a local musician and music promoter. "It's a place where a lot of us musicians cut our teeth and were able to grow and learn to be better entertainers.

"There are not too many places around that would give a new band with no name or following an opportunity to play. The Stumblin' provided that. This is truly a sad day for the local music community and we are already prepared to help Jim and 'Stork' in any way that we can."

Howard Owens contributed to the story. Photos by Howard Owens.

Jim Bouton, deputy emergency management coordinator, comforts Steve Goff, owner of the Stumblin' Inn. Goff is also pictured below talking with Deputy Austin Heberlein.

Fully involved structure fire at Stumblin' Inn, Elba

By Howard B. Owens

A fully involved structure fire is reported at 1 S. Main St., Elba, the Stumblin' Inn.

Elba fire dispatched. 

Batavia's Fast Team, Oakfield, Alabama, also dispatched.

UPDATE(S) (By Billie) 9:49 a.m.: Byron Fire Department is asked to stand by in its fire hall. Fire police are coordinating to shut down roads in the vicinity to accommodate fire equipment. National Grid and National Fuel contacted to shut down utilities. The upstairs apartment is in flames.

UPDATE 9:55 a.m.: Barre Fire Department is called to provide mutual aid.

UPDATE 9:57 a.m.: More Elba Fire Police are called to the scene. Firefighters are going to hook up a ladder in the back to attack the fire. "Can you get the owners off that back deck?!" one firefighter yells to another.

UPDATE 10:02 a.m.: "Smoke is changing. Smoke is changing -- gettin' darker!" a fireman says.

UPDATE 10:06 a.m.: "Presbyterian Church people are startin' to show up. They can get to the church but they can't get much farther," says a fire policeman. More fire police from Barre, Byron, Oakfield are to be called to the scene.

UPDATE 10:09 a.m.: All interior firefighters are ordered out of the structure.

UPDATE 10:10 a.m.: Mercy medics #2 and #3 are called to the Stumblin' Inn.

UPDATE 10:17 a.m.: Utility reps are on scene. All power is turned off. National Fuel rep is on scene. National Grid has a 30-minute ETA. Power needs to be shut off still. Byron is asked to send an engine to stand by in Elba's hall.

UPDATE 10:27 a.m.: Two Barre Fire Police have arrived. One will be deployed at Church Street, the other at Bridge. Tankers called to provide mutual aid from Bethany, Stafford and Alexander.

UPDATE 10:36 a.m.: A tanker from East Pembroke is called to the scene.

UPDATE 10:52 a.m.: More fire police are called in from Stafford, East Pembroke and Alexander. They are going to post someone at Drake Street Road and Weatherwax Road, and then at Pekin Road and "back out to Townline." National Grid is arriving on scene.

UPDATE 10:57 a.m.: All occupants are believed to be safely out of the building.

UPDATE 11:03 a.m.: The Elba chief said the first started on the northeast corner of the first floor and flames were shooting out of three windows when they arrived. Now there is heavy black smoke showing but no flames. More fire police out of Orleans County are called in. "People are sneakin' by" laments the Elba Fire Police commander.

UPDATE 11:38 a.m.: All eastbound traffic will be closed at Route 262 per fire command. Law enforcement is requested to the fire command center.

UPDATE 12:07 p.m.: Power to the village is shut off.

UPDATE 12:56 p.m. (By Howard): The chief reported the fire under control about 10 minutes ago. Extensive overhaul underway. Power will be restored to the village shortly.

UPDATE 1:11 p.m.: Red Cross requested to the scene to assist one adult.

UPDATE 2:04 p.m.: Firefighters are packing up. An excavator is arriving on scene to finish demolition of the building.

UPDATE 5:45 p.m.: Roadways are being reopened.

UPDATE 6:30 p.m.: Elba assignment to 1 South Main St. is back in service.

County will stop deduction of union fees for 22 county employees in light of SCOTUS ruling

By Howard B. Owens

Starting with this payroll, 22 Genesee County employees will no longer have money deducted from their paychecks to help support the Civil Service Employees Association, a union that represents 214 county employees, according to County Manager Jay Gsell.

The change is a result of a 5-4 Supreme Court ruling that week, Janus v. AFSCME  (analysis by SCOTUSBlog), that struck down rules that allowed fees to be charged to non-union members who were employed by a government agency under terms of a collective bargaining agreement.

There are four unions representing 353 county employees, Gsell said, but only CSEA was receiving fees from non-members.

Interim City Manage Matt Worth said there are no City of Batavia employees who are covered by collective bargaining who are not members of their respective unions.

According to a Gannett News Service report, 31,000 state employees from throughout New York, will cease paying the fee this week.

Federal employees covered by collective bargaining are not required to pay the fee, and according to Justice Samuel Alito, who wrote the majority opinion in Janus, 28 states prohibit such fees.

Unions at the federal level and in these states have not been thrown into “pandemonium” nor has there been “conflict and disruption” without these fees, Alito noted.

The suit over union fees that eventually made its way to the justices was initiated by Mark Janus, a child-support specialist for the Illinois Department of Healthcare and Family Services. He objected to the fees because they went to such political speech intended to influence government agencies on issues such as salaries, pensions, and benefits for government employees.

That, he said, violated his First Amendment rights by forcing him to support speech that did not necessarily conform to his personal views.

“In simple terms, the First Amendment does not permit the government to compel a person to pay for another party’s speech just because the government thinks that the speech furthers the interests of the person who does not want to pay,” Alito wrote.

Alito noted that public spending, including the “mounting costs of public-employee wages, benefits, and pensions” – has skyrocketed in the past four decades. As a result, collective bargaining has gained a new political significance making the issue of fees to support that speech a bigger First Amendment issue.

In her dissenting opinion, Justice Elena Kagan warned that the ruling could disrupt “thousands of ongoing contracts involving millions of employees.”

UPDATE 5:50 p.m.: The county schedule for payroll deductions for union fees are: 

  • AFSCME: $18.76 bi-weekly
  • DSA: $22 bi-weekly
  • SEA: $15.55 bi-weekly
  • CSEA: bi-weekly range is $18.73 - $30.15

Trio suspected of shoplifting apparently planned a surf and turf feast

By Howard B. Owens

Three people were taken into custody around noon at Park and Oak, Batavia, after being stopped as shoplifting suspects.

Charges are pending and their names have not yet been released but police said they recovered a cache of goods allegedly stolen from Tops Friendly Market and Walmart.

The groceries from Tops included, officers said, steaks, lobster, shrimp, a large roast, gluten-free pizza, and several household items, including toilet paper.

The items recovered that appeared to be stolen from Walmart included archery bows.

The suspects appear not to be local residents.

A caller had followed the red van from Tops until police initiated a traffic stop at Park and Oak. The caller reported observing the driver of the red van pounding the steering wheel in an apparent realization they had been caught.

Police are still investigating and will release more information later.

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