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Snow or not, Christmas is coming in many forms first week of December in Batavia

By Joanne Beck

Halloween is quickly approaching, then it’s Thanksgiving, and before you know it, the annual Christmas in the City takes hold the first weekend in December.

As members of Batavia Business Improvement District and Batavia Players — led by Co-Chairpersons Pat Burk and Shannon Maute — strive to get things in place for the event, there are plenty of opportunities for others to participate, they say.

Christmas in the City
The main event runs from 1 to 6 p.m. on Dec. 3 Downtown, with a visit from Santa Claus from 1 to 5 p.m. inside the mall and a finale parade at 6 p.m. throughout downtown. Local groups, businesses, emergency services departments, kids, adults, and most anything in between are welcome to join the fun.

Maute has put out the call for not only organizations but also for departments with fire trucks, to sign up.

“You can walk, ride or enter a float,” a BID flyer states.

Mall events will run from 1 to 5 p.m. and include Santa’s Village, pictures with Santa, hot cocoa and cookies, crafts, cookie decorating, a kids’ zone, Santa’s workshop, shopping specials, Dickens Carolers, Scrooge, adult tastings and more, organizers said.

Our Hometown Christmas
Even earlier that day will be a craft and vendor fair that begins at 10 a.m. and runs to 8 p.m., Burk said.

“We already have 22 tables,” he said. “And there will be entertainment; our dance academy is performing, the small brass group from BHS signed up, and there’s Santa’s Village. We’re trying to get people in what used to be the mall, and our Christmas show will be happening Dec. 1, 2, 3 and 4.”

Burk, long-time executive director of Batavia Players, is learning how to juggle theater responsibilities with Board of Elections tasks and being president of the Genesee Valley School Boards Association, he said.

The theater in Batavia City Centre has been one of many projects delayed by the pandemic’s onslaught of labor, supply chain and social distancing issues.

With fingers crossed, Burk is hoping for a completed theater to open in May or June of 2023. There are grants involved, and though the Players are a pre-qualified status through Grants Gateway, there is more footwork to be done, and it is all falling at the same time as taxes being due Nov. 15, he said.

Despite the “bad timing,” he and group staff and members look forward to that day when a performance happens in the fully renovated theater.

“We had some pretty hefty demolition left to do with plumbing, electrical, all those old air conditioning units that were there for the X-ray machines and stuff. Yeah, huge. They're all gone. I mean, we're moving daily. And we're working hard,” he said. “So I don't know what time we're going to be completed. And a lot of it's depending on availability of our stuff, and when we get our reimbursements from the state.”

Grant funding is crucial, due to how — sounds like a broken record by now, he said — COVID affected pricing for everything.

“Our supplies went up by over $260,000. We’re in for $1.2 million already and have raised money. And all that money doesn't mean anything, because we have to come up with more money for it, just to complete everything," he said. "On top of that, we really want to do a good job of accessibility and maximizing use and having good lights and sound and all that other stuff. And all that stuff went up in money … it all went through the ceiling."

They should get word on the grant application in March or April next year, he said, and he has learned how meticulous all of that paperwork needs to be, especially given at least three grant-related changes taking place this year. If one number is off, it gets sent back, and then they wait another month or more for approval of a resubmission of the corrected material.

“You have to have people look over this stuff, over and over and over,” he said.

A Christmas Carole
Nonetheless, the show, as they say, must go on, and the Players will be presenting the seasonal Dickens’ favorite “A Christmas Carole” the weekend of Christmas in the City.  It is set for 7:30 p.m. Dec. 1, 2, 3 and 2 p.m. Dec. 4 at Main St. 56 Theater in Batavia City Centre. Tickets are $16 for adults and $14 students and seniors, and available at showtix4u.com.

The Players will also be sponsoring Our Hometown Christmas all day on Dec. 3 with an array of gift options at craft and vendor tables. There is still space available, and any interested crafts dealers, food trucks, vendors or antique dealers may want to grab a table NOW

Santa’s Village will be part of a festive display, and local schools are to be participating, Burk said. There are so many activities jam-packed into the schedule, that Burk would like to see a future two-day event, he said.

The Hometown event is a fundraiser for the Players, and will provide entertainment and fun for visitors, he said.

“We’re trying to keep the theater going with no theater and with no money,” Burk said. “We are literally scraping together money to pay to keep the lights on.”

Wreath Contest
The BID is also hosting its annual Wreath Contest for downtown Batavia “as a creative way to add some holiday spirit to downtown.” The contest is open to any business, group, organization, or family. For $20, each participant is provided with a 16-inch plain wreath to decorate. Participants may pick up their wreaths on Nov. 19 and have a week to decorate before dropping them back off to the BID for committee volunteers to place throughout downtown, Maute said in a recent press release.

Voting for the most creative will take place from Dec. 3 through 24. The first-place winner is to receive a $100 cash prize, second place $75 and third place $50.

To participate in the wreath contest or parade, contact Maute 

File photos of Christmas in the City 2021 by Howard Owens

WROTB's branch employees to receive 3.5 percent raise

By Mike Pettinella

Western Regional Off-Track Betting Corp. management and union employees at the public benefit company’s branch locations have agreed to a pay contract that will give the workers at 3.5 percent raise for 2022.

The agreement was announced this morning at the WROTB board of directors meeting at Batavia Downs Gaming on Park Road.

WROTB President/CEO Henry Wojtaszek said it is a three-year pact extending through 2023. The supervisory and non-supervisory branch employees will get the 3.5 percent retroactively back to the first of the year.

The percentage for 2023 has yet to be determined, he said, but noted that the union employees will receive the same pay increase that the rest of the corporation’s employees receive.

“It has been a few years since they've been negotiating and this contract will take them to the end of next year -- to the end of 2023,” he said. “We're very happy and excited to have it completed. And we look forward to a great working relationship.”

Wojtaszek said changes in the contract focus on some work rules related to branch operations and the amount of employee contribution to the health insurance premium.

Each side has “ironed out some of the contribution limits for health insurance,” he said, adding that the union agreed to paying 5 percent of the cost for health insurance.

WROTB officials have been looking at the health insurance issue in recent months, stemming from a report from the New York State Comptroller’s Office and questions from Western New York lawmakers about the “gold plated” coverage given to the board members.

Wojtaszek said there is a good chance the 5 percent contribution will be put in place for all of the company’s employees.

“We certainly intend to suggest that and make that as a recommendation,” he said. “It’s a reasonable amount to have. Again, I think the best part about it is that we were looking to have everybody in the company (including directors) contribute for their health care.”

He credited VP/Administration William White, Payroll Supervisor Danielle Fleming and consultant Carl Monti for their work in reaching the agreement, which will affect about 60 supervisory and non-supervisory employees.

WROTB has pared its branch operations significantly in recent years. Currently, there are nine “brick and mortar” locations, plus Dial-A-Bet and Intertrack Wagering at Batavia Downs.

The Batavian has reached out to Antonella Rotilio, labor relations representative for the Long Island-based United Public Service Employees Union, for comment.

In other developments:

  • Wojtaszek mentioned “the great curb appeal for the public” when asked to comment about the completion of the Park Road Reconstruction Project.

“It’s beautiful … It's showing now in our ability to have catering events and other trade shows,” he offered. “The people that are coming in to look at the place are really impressed with the way it looks as you approach the building now.”

He said enhancements paid for by WROTB, such as lighting and trees, have been installed.

“The trees have to grow in and then the grass has to grow a little better, but everything's been seeded and everything has been planted. The light fixtures – the street lights – (are in) and we will add some flags and other measures that will make the approach look even better,” he said. “We will be starting out with American flags for Veterans Day.”

  • Batavia Downs Gaming staff will be renovating three bathrooms and installing new carpet tile on the second floor – work necessitated by extensive flooding when a pipe burst in mid-September.

The board approved a contract with Tarkett USA, Inc., for carpet and tile in the amount of #28,857.40, to be installed in the administrative, information technology and finance departments, and an expenditure of up to $130,000 to rebuild the bathrooms to current standards.

  • Chief Financial Officer Jacquelyne Leach reported third-quarter earnings of $2,230,525, which will be distributed to member municipalities. Genesee County is set to receive $47,228 of that money, plus another $1,040 in September 2022 surcharge.

The corporation’s total handle for last month was $4.6 million, down about 10 percent from September 2021, while the video gaming “net win” was $6.4 million, up by about 2 percent from the same period last year. All told, operational earnings for September rose by 66 percent to $693,628.

Looking for a Medicare plan? Vendor fairs available for Genesee County residents

By Joanne Beck

Medicare Advantage, Drug plan Part D, Drug plan Part D + Medigap policy, only the Medigap policy.

Confused by the options for Medicare during this open enrollment period? It runs through Dec. 7, and there is help for the thousands of people in Genesee County eligible to sign up, Genesee County Legislative Chairwoman Shelley Stein says.

Given the volume of people who may be wanting to sit down to review plans and ask questions, two staff members in the Office For the Aging cannot handle them all. Not to worry, Stein says, vendor fairs are coming to the rescue.

“There are 10,000 eligible Medicare residents in Genesee County, who all have the opportunity to enroll or re-enroll, or find a new provider for that Medicare supplement,” Stein said Wednesday. “(OFA staff) have collectively arranged for vendor fairs, and for different parts of our county. And the vendors are there, the supplemental insurance providers are there, and they have time to talk to our residents.”

She encouraged her fellow legislators to direct those with questions, comments or complaints about their Medicare coverage to attend a vendor fair.

“Each and every person in our community, those 10,000 that are eligible, they're important. And it is important that they get the right supplemental insurance to meet their own individual needs,” she said. “So, again, this is the most important time of the year for that fragile population that we have. Please encourage them to attend one of these fairs.”

There are three fairs coming up, and all of them go from 10 a.m. to 4 p.m. They are scheduled for:

  • Nov. 2 at Town of Bethany Hall, 10510 Bethany Center Road, East Bethany
  • Nov. 15 at Darien Center Fire Hall, 10537 Alleghany Road, Darien Center
  • Nov. 29 at First United Methodist Church, 8221 Lewiston Road, Batavia

Attendees should bring their Medicare card, and a list of each their prescriptions and doctors.

Representatives from local Medicare Advantage Plans will be present to assist you in understanding changes for 2023, and to help sign you up for a different plan or company if that’s what you choose to do.

Medicare specialists from the Office For the Aging will be on hand to answer any questions and to give unbiased information.

A representative from EPIC, the state Prescription Assistance Program, will be available on Nov. 29 at the Batavia location.

For anyone with disabilities or language interpretation needs, requests for reasonable accommodations should be made at least five days before your visit to a vendor.

For more information, call 585-343-1611.

File Photo of Shelley Stein by Joanne Beck.

Town supervisors appeal to county for more revenue

By Joanne Beck

Ernie Haywards’s words were humble and to the point Wednesday in regard to his town’s need for additional revenue.

With a depleting fund balance and shrinking sales tax, Hayward turned to the people he believed were responsible for some help.

“I am  here tonight on behalf of the Genese County taxpayers who live in the town of Bergen to plead with the Legislature to consider additional aid to the town of Bergen,” the Bergen supervisor said during the county meeting in legislature chambers. “The loss of sales tax/voluntary contributions from the county has meant a cut in revenue of $211,147 per year since 2018.”

Given his total budget of $2.3 million, a loss of that amount year after year “is having a major impact,” Hayward said.

He highlighted the reduced and capped level of sales tax going back to the town, which, with a modest inflation rate of 3 percent, means the town “will have exhausted the fund balance,” he said, plus raise taxes from $2.35 per $1,000 assessed value to more than $10 per thousand.

“The Genesee County taxpayers who live in Bergen are suffering from the economy and have just been hit with an assessment increase,” he said. “We have cut services to try and balance the budget, we have closed our transfer station and cut funding to the library, to name a few items. There is nothing left to cut, and at this rate, we might have to consider workforce reductions, which would mean a suspension of provision of snowplowing for the county.”

He referred to Legislative Chairwoman Shelley Stein, and how she “often speaks of the strong partnership between the county and their local town and village partners.” However, a partnership implies a give and take and sharing of good and bad, he said.

The municipalities shared in the financial pain of a new county jail by accepting a significant reduction in sales tax so that the county could build a reserve for jail expenses.

They also agreed with the county’s adoption of water contracts, and believed it when Stein “made a promise to keep county funding to municipalities at 2018 levels, he said. Yet, since 2020, municipalities have received “roughly $3 million less,” than was promised, he said.

“Now I am asking the county to be a partner and demonstrate concern for the Genesee County taxpayers in Bergen and share in the good times by increasing funding,” he said.

County Manager Matt Landers had recently announced that the county budget would include a 2 percent tax levy increase that, due to increased property assessments would mean a slightly lower tax rate. Fellow Town Supervisor Thomas Schneider Jr. said that the county gets to be the hero with its proposed budget, while his town of Pembroke and the others struggle with decreased revenues.

“The sales tax agreement is really taking a bite out of all the budgets,” Schneider said.

His predecessor dealt with the water contracts, which meant Schneider “ate a pretty good crap sandwich” from that deal. He surmised that it may be too late for serious discussions at this point in time, but asked for the county to consider a future review of the water and sales tax agreements.

Stein thanked both of them for their input, and said “we hear you.”

After the meeting, she said that yes, it was too late in the season to do anything about the county’s budget now. Stein also said that each county municipality had ample opportunity to share concerns, including during the monthly Genesee Association of Municipalities meetings.

"We have liaisons that attend the Association of Municipalities meetings every month that they are called in, and our county manager Matt is there almost every single meeting, and that is a committee that is on that agenda. And there is always the opportunity for conversation at that point in that forum," Stein said. "Before the sales tax agreement was put into place, I hosted a meeting here a while ago, as they both noted, it was in July when we talked about the necessity ... to change the sales tax sharing agreement, because of the unknown cost of the jail.

"And as I said to the supervisors at that time, it will be at some point in the future when we can share more, but now is not the time. (Collecting water funds to improve the distribution system) helps every single person in our community, even people like me, who don't have water, who don't have access to public water yet, but that change out of that distribution system becomes our first paramount project and obligation to the county's taxpayers. We are doing the business of the county, and we absolutely respect the fact that the supervisors are doing hard work, and they're being responsible to their taxpayers as well."

Landers expects to release his budget message on Thursday. The proposed 2023 budget is $162,567,180, and the tax rate is to decrease by 75-cents due to higher property assessments. The Batavian will have a more detailed budget article in the near future.

Top photo: Bergen Town Supervisor Ernie Hayward speaks to Genesee County legislators during their meeting Wednesday at the Old Courthouse, and Pembroke Town Supervisor Thomas Schneider Jr. also shares his concerns regarding decreased sales tax revenues. Photos by Joanne Beck.

Law and Order: Man accused of possessing 16 counterfeit C-Notes

By Howard B. Owens

Isaiah Lorenzo Poole, 22, of South Clinton Street, Albion, is charged with 16 counts of possession of a forged instrument and criminal contempt 2nd. Poole allegedly possessed 16 counterfeit $100 bills at 4:45 p.m., Oct. 23, at the Crosby's in Elba. He also is accused of violating an order of protection. 

Breanna Michelle Cragg, 29, of Richmond Avenue, Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Cragg was charged following a roadside check at 1:19 a.m., Oct. 23, on Route 33, Stafford, by Sgt. Mathew Clor and Deputy Nicholas Chamoun. She was issued an appearance ticket.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is accused of being involved in a disturbance reported at 7:04 a.m., Oct. 21, at a residence on Shady Lane, Batavia. He was arraigned in Town of Stafford Court and released.

Kevin P. Kage, 35, of West Avenue, Medina, is charged with criminal sale of a controlled substance 5th and criminal possession of a controlled substance 5th. Kage is accused of selling methamphetamine to an agent of the Local Drug Task Force in Batavia on two separate occasions. He was arrested on a warrant stemming from a sealed indictment and jailed pending arraignment in County Court. He was arraigned on Oct. 20 and released.

Connie Rae Todd, 51, of Slayton Sett Road, Gasport, is charged with DWI and speeding. Todd was stopped at 1:12 a.m., Oct. 26, on Lewiston Road, Batavia, by Sgt. Mathew Clor. She was released on an appearance ticket.

Margareta Tamasi, 75, of Le Roy, is charged with unlawful dealing with a child/alcohol. Tamasi was arrested by State Police on Oct.  24 in the Town of Batavia in relation to an incident reported at 7:04 p.m. on Oct. 21 in Le Roy. She was released on an appearance ticket. No further information released.

'Giant basket raffle' this weekend in Batavia to benefit VFA's efforts

By Joanne Beck

This month may be October, but there are many people looking forward to OctoFUR this weekend.

It’s a Volunteers For Animals fundraiser (ahem, Furaiser), complete with oodles of baskets with a wide variety of items just waiting to be won. This event is set for 10 a.m. to 3 p.m. Saturday at Pudgie’s Lawn and Garden, 3646 West Main St., Batavia.

Volunteer Shelley Falitico is part of the event committee, which also includes Angie Knisley, Marcy Colantonio and Becca Walters, who have been “committed, dedicated volunteers for several years,” she says.

Falitico has been impressed with all that the nonprofit does to help animals at Genesee County Animal Shelter, from providing much-needed medical care, vaccinations, fostering, walking, assisting with adoptions, to, of course, showering them with lots of TLC. All or at least some of these services have eased the temporary transition to shelter life for dogs, cats, and even a bird, Falitico said.

“I am a new volunteer and I have met so many long-time, dedicated volunteers since my introduction to the Volunteers for Animals mission,” she said. “They hold a couple of fundraisers each year.”

This event promises to be a good one, and includes an “extra special raffle” this year featuring a grand prize of two Buffalo Bills game tickets. The game pits local favorite Buffalo Bills against the New York Jets on Dec. 11. Get ready to watch from Section 118, Row 6 if you’re the lucky winner. Tickets are $10 each.

There’s free entry and several baskets in the “giant” basket raffle event, and all proceeds support animal care. Winners need not be present to win. Pudgie’s is also offering 10 percent off all pet-safe plants.

For those wanting to help out with the cause another way, donations of new items or themed baskets may be dropped off at the shelter during regular hours: 1 to 3 and 7 to 9 p.m. Wednesday, and 1 to 3 p.m. Friday at 3841 West Main Street Road, Batavia.

JJ, top, and Digger are just two of the shelter residents waiting to go to a loving forever home. Photos courtesy of VFA's website.

Former Batavia couple loses home, retains faith, after Hurricane Ian

By Joanne Beck

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Former Batavians John and Joelle Lyman had just gotten settled into their new life at Fort Myers, Fla. by renovating portions of their home, making a sizable investment, and preparing to enjoy some sun, beach and relaxation.

After years of uprooting their lifestyles by downsizing and traveling to spend quality time with family, the Lymans had finally landed. Or so they thought. Toward the end of September, Hurricane Ian, with torrential winds and muddy waters, crashed into their serene world.

“We said, ‘OK, adventure time is over,’ it’s time to settle down,” John said during an interview from his current home in Naples, Fla. “We've been here for seven years, and we weathered Irma. And, you know, Irma gave us a false sense of security on the storm this time. I have been through a tremendous number of hurricanes … with this one, the warnings that came in came in fast. With Irma, it was really slow-moving. We had a lot of time to prepare and figure things out.

"Ian brought the fury," he said. "It looked like someone filled (the house) with water, shook it with all of the furniture, and left it as it laid,” he said.

Hurricane Ian was a large and destructive Category 4 Atlantic hurricane, cited as being the deadliest hurricane to strike the state of Florida since 1935. Ian caused widespread damage across western Cuba and the southeast United States, especially the states of Florida and South Carolina.

As a paramedic and responder to several smaller hurricanes over the years, John thought he had seen it all — and was fairly certain that he and his wife could ride out this September storm as well. As fate would have it — or luck or whatever you would call it — their son Philip planned to visit Florida for vacation, and attend a concert while he was there. When the worst of the storm hit, the Lyman family was at that concert in Orlando.

“So we stayed in Disney. Amazingly, we were able to find a hotel, everything really was kind of closed down. And we did get hit there with like category one-ish. We were on the 12th floor and it was still pretty scary as category one. All the while, you know you're thinking what's going on with the house,” Joelle said about their home nearby Sanibel Beach. “You know what's going on with the area because we're so close to the beach, and you know the storm is 400 miles across.”

After learning of the deadly touchdown by Ian, the Lymans weren’t able to contact any neighbors because “everybody left,” John said. Ian moved automobiles, boats, trailers and dumpsters, and knocked down trees, wires, buildings, homes, the Sanibel bridge, and power. Nearly 150 deaths, including 136 people in Florida, and an estimated $50 billion of damage and loss was left in Ian’s wake. Fort Myers and Naples have reportedly been the most hardest hit, and millions lost power.

When the Lymans returned, John’s first thought was that their home wasn’t that bad. From the outside, despite some missing windows, and the wreckage and debris all around them, their place looked fairly intact, he said. First, they had to drive through a lot of water just to get to their place, and it looked like “an absolute war zone,” John and Joelle said, each filling in details for one another. In addition to power outages, the sewer system broke as well.

“So on top of the surge, there's sewer water in our house. Everything was just absolutely ruined, windows blown out we had gotten on Monday, the Monday before the storm we just had the guy who sided our house a week and a half prior finish up by hanging the shutters. We just redid all the floors, furniture, a new wall, windows, doors. And the frightening thing is our insurance covers hurricanes, but a hurricane in their eyes doesn't include storm surge. And we got hit with between seven and nine feet of water in our house,” John said, as Joelle added “So our plumbing, our electrical system, all of our storage, all of my kids, you know, stuff when they were kids, is all gone. It's just devastating.”

The fridge was full of that dirty water, and furniture, appliances, clothing and other household items had been ruined by flood waters. But there were more emotional items, in particular, that got to Joelle.

“I can get another copy of a birth certificate, but there were baby books (in a storage container), and it was filled with water,” she said.

Recounting the danger of even fully inspecting their home, the Lymans said there could be unwelcomed visitors, such as alligators and water moccasins, and certainly, developing mold as the days go by. They aren’t allowed to begin any recovery and restoration until their insurance company and FEMA evaluate it and determine if, and how much, the Lymans will receive in compensation.

They’ve had to fill out paperwork, applications, and more paperwork, all in an effort to try and recoup some of their loss. But, in the face of seeing others living in tents, they feel grateful. A childhood friend of John’s has loaned them a fifth-wheel trailer in Naples until they can move on with their lives.

“There are so many people that don’t have that, there’s no lodging,” Joelle said. “I know that God’s got us. It’s like going through these phases of grief … like when I went to church yesterday, and the pastor told everyone because we're all in the same boat, he said, ‘It's okay to feel this way. It's okay to feel tired. It's okay to feel uncertain, but just know that God's got you.’ And we've known that all along. It's just, it was almost like he gave us permission to feel our feels.”

They have both managed to continue working — Joelle once worked in education at Genesee Valley BOCES and John had worked for Mercy EMS — and her current employer in Florida has set up a fundraiser for the couple to help offset some of the inescapable costs they will have. When they left for the concert in Orlando, Joelle had only brought a pair of flip-flops and some shorts and shirts. Their remaining world possessions stayed behind in their home, she said.

The couple isn’t certain just yet what they’re going to do. With the hope of getting some insurance and/or FEMA money, the Lymans haven’t made any solid plans. Their highest hope is to not have to use the Go Fund Me donations, and instead, they will pay it forward to someone else in need, they said. But right now, it’s hard to say what they’ll have and what they may need in the future.

“I don’t think we’ll be able to afford where we were,” Joelle said. “We don’t know what we’re going to do … You don’t feel rested. Your mind is always going.”

For more information about the fundraiser, go to John and Joelle Lyman

Photos submitted by the Lymans of their home and surrounding neighborhood. The car was parallel to the house before getting pushed up onto the lawn, and boats were carried by the storm surge from other parts of the city.

Chiller not so chill at ice arena: City Council to discuss options

By Joanne Beck

An ice rink reserve fund will likely be tapped in the near future due to leaks from the ice chiller.

Water and wastewater Superintendent Michael Ficarella discussed the matter with City Council during its meeting Monday evening.

“We recently had to add emergency refrigerant,” he said to members at City Hall. “The refrigerant creates your ice. In order to get it and keep it up (to operating standards), we needed to add 360 pounds of refrigerant.”

The cost for that emergency measure was $21,950, he said in a memo to City Manager Rachael Tabelski. She suggested holding spending of $170,000 for revamped locker rooms in lieu of rectifying the faulty ice rink chiller.

“We continue to discover issues with the chiller,” Ficarella said.

If there’s no ice, renovated locker rooms wouldn’t be necessary, so the chiller should come first, he said.

Ficarella added that it’s not a matter of asking “can we use it?

“We absolutely need it,” he said.

Improved communication between the city and new management, which includes Carrier Commercial Services, has meant an increased amount of issues brought to light, he said. For example, a compressor replacement installed some time ago hadn't even been turned on and therefore hadn't been working.

"So when Michael and (Public Works Superintendent Brett Frank) talk about the increased communication and relationship between ourselves and Carrier, who we have a contract with, and the rink, we're going to keep running into these things," Tabelski said. "Because we're going to continue to find places that might not have been maintained to the level that they need it to be for operations to continue."

Frank estimated the unit was several decades old — considered to be original equipment with the arena’s construction in the 1970s.

Council member Tammy Schmidt said there was a time when locals weren’t very happy with the condition of the arena, and that is changing with new management led by businessman Matt Gray for the newly dubbed David M. McCarthy Memorial Ice Arena on Evans Street. Her grandson plays hockey there, and "it's not a rink we could have been proud of a couple of years back," she said.

“I know the locker rooms are absolutely in need of repair. They're super bad," Schmidt said. "And I hope we're not just going to spend all the (funding on) refrigerant and not do those locker rooms at all, because we want to be proud of that, right?"

Ficarella asked that the emergency refrigerant cost be taken out of the ice rink reserve, which currently has a balance of $357,000.

The matter, and a related vote, was moved to a future business meeting.

File photo of the McCarthy ice arena in Batavia.

Muckdogs Recap: record attendance and events, motorcycles on ice in spring 2023

By Joanne Beck

Playing host to more than 50,000 people at ball games, plus youth, high school and college baseball games, dance clinics, concerts, a fundraising awareness walk, challenger sports activities, and an epic Halloween trick-or-treat event gave Batavia Muckdogs owner Robbie Nichols plenty to brag about Monday.

But then he saved the best for last, he said. Nichols and General Manager Marc Witt announced that a World Championship ice racing event was just confirmed for early next spring. But no ice skates are involved.

“We're working with the arena with Matty Gray. And I think that he's done a great job from what we've seen. We've been over there a bunch of times, working with him, trying to bring more business and people to the arena,” Nichols said. “And we were gonna announce today that on Friday, March 31, is going to be something Batavia has never seen before. We are bringing the World Championship XIIR, which is Extreme International Ice racing. So we're bringing motorcycles on ice, these motorcyclists go 60 miles per hour, and they'll be in the arena. And they go all around the country to big arenas, and we're gonna bring it here to Batavia on March 31.”

What did it take to get this world event here? As Witt sort of shook his head at the thought, Nichols said it wasn't easy.

“It takes a lot. They're coming from all across the world. So Scotland, England … some of these racers, their Speedway bikes, they go zero to 60 miles per hour with no breaks. They have studded tires. So there'll be Speedway bikes," Nichols said. "There'll be a quad-riding class. So there are people around here that race on ice. They’ll be invited to come out and race too we'll have a go-kart series. So it's going to be really neat.”

There will be more public announcements about the event and “very limited” tickets, he said. There are an estimated 450 to 500 people that can fit into the arena, he said, and he fully expects the venue to be “packed and sold out.” Tickets are likely to go on sale just before Christmas, he said.

Being classified as a world championship, this event next year means more than just a unique happening for Batavia. It also signals a potential uptick for the city’s economy due to people traveling from all points of the globe and staying and eating locally.

Speaking of numbers, Dwyer Stadium hosted 50,000 people for Muckdogs games this season, which made for a total of 84,000 visitors to the Bank Street park. There were more than 40 high school games, challenger division baseball, 30 youth baseball games, a showdown game between the city police and fire departments, an Alzheimer’s walk kick-off, use of the field in September and October by Geneseo State College, and the Zac Brown and Margaritaville concerts.

Costumed visitors swelled from last year’s 500 trick-or-treaters and 2,000 families to this past Saturday’s 2,100 trick-or-treaters and 5,000 families for the annual spooky fun festivities with vendors and free candy.

“It was a zoo,” Witt said.

Staffers had to go out and buy more candy — some $500 more — to feed the masses that formed a line all the way down Denio Street and wrapping its way along State Street toward Batavia High School.

The Dwyer to-do list includes additional netting to ensure that spectators aren’t hit by foul balls and a party deck, and several items have already been completed, such as painting locker rooms, power washing, adding a new bullpen to the vision team area, new cooking appliances, the addition of 30 tables and 100 chairs in the main office, and even the finer details of updating toilet paper rolls and paper holders in the men’s and women’s restrooms.

With a track record of hosting 120 events this season, averaging 20 events per month from April to October, including 22 picnics, Dwyer Stadium “has something going on,” Nichols said. He and the staff have set a goal to have something going on every single day, he said.

Events weren’t just about drawing crowds to the stadium, but also about team participation in parades and Nichols’ favorite event, Challenger Division Baseball. Staff and team players work alongside people with various disabilities to enjoy a real game as participants.

“This is our favorite event. We take a day out when we play with the challenger divisions, we have a real game,” he said. “They're the stars of the show.”

Season ticket holders have risen from 100 to more than 500 since taking over operations as owner in 2021, he said. Nichols, who is also the owner of CAN-USA Sports since 2012, is well prepared for next season with the Muckdogs, having 30 players in place already for a championship next season, he said.

He is looking to extend his lease with the city, after two years down and three to go. He and Witt thanked council members and management for “trusting CAN-USA Sports.”

Councilman Bob Bialkowski encouraged them to “keep up the good work” while member John Canale suggested that the enterprise "is your baby.”

“You’ve created that; we’re very grateful for what you’ve done,” Canale said.

A modest Nichols said it wasn’t about him and Witt.

“It’s the community that makes it possible, “ he said.

Top Photo: Batavia Muckdogs General Manager Marc Witt, left, and owner Robbie Nichols present a recap of this year at Dwyer Stadium in Batavia (by Joanne Beck); photos of the Halloween trick-or-treat event this past Saturday, including Robbie and wife Nellie, above. Photos by Howard Owens.

Can you hear me now? City to consider new phone system for $23K annual fee

By Joanne Beck

Assistant City Manager Erik Fix has proposed a new form of communication for his colleagues.

While they weren’t using anything like rotary phones, Fix said the current phone system is “antiquated” and in need of a boost. Also, the current phone system is no longer being provided by CISCO Systems, he said.

He had met with a committee comprised of the city manager’s confidential secretary, Angela Dickson, Police Chief Shawn Heubusch, Manager Rachael Tabelski and KI Consulting and Bolder IT Strategies to ferret out the best options for a new phone system.

Four vendors submitted applications, and the committee scored each one according to weighted cost, functionality, and usability, plus five other criteria, he said.

“In the end, all members agreed that Ring Central, Inc. scored the best out of the four proposals,” Fix said during City Council's Monday meeting.

The cloud-based phone system would cost $22,920 per year for five years, or 60 months, according to the contract. That includes the phones, training and installation, he said.

One of the committee’s tasks involved talking to Steuben County’s IT staff regarding that county’s usage of Ring Central. There were also conversations with the city’s own IT staff to ensure that staff members could assist with Ring Central’s installation if necessary.

All that is to say that Fix recommended that council go with this new company, which is based in California. A vote will be on council’s future business meeting, and, if approved, the new phone system would mean a budget amendment of $22,920 of contingency funds, to take effect Nov. 8.

Another spending vote to be on the next business agenda is the purchase of a new Pitney Bowes folding machine, used for automatic folding of letters, bills and other written materials being sent out from the city.

A current Pitney Bowes folding machine that was purchased in 2000 is no longer in working order, Deputy Finance Director Lisa Neary said. She recommended a machine that is a step down from a top model, but can do the required work at a savings, Neary said.  The top model was priced at $10,435.80, whereas the next one down is $6,841.58.

No injuries, two dogs rescued but house total loss in morning fire

By Howard B. Owens

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Fire investigators believe, preliminarily, that a malfunction in a furnace at 8920 Batavia Stafford Townline Road is the source of a fire that destroyed the home this morning.

The structure was fully involved before firefighters were dispatched shortly before 8:40 a.m.

"(The furnace is) propane-powered and forced hot air," said Tim Yaeger, Genesee County Emergency Management Coordinator. "(The homeowner) had left to go and give assignments to her crews for the business that they run here. When they came back, she said she smelled something funny, something hot, and one of her employees saw smoke exiting from the garage. They entered the garage, opened the door into the house and there was heavy black smoke in the house itself. So right now we're leaning towards, based on an investigation, preliminarily, we're looking at the furnace that may have had a malfunction."

Nobody was injured as a result of the fire and an employee reportedly rescued two dogs from inside the house.

The initial dispatch for the fire reported that two people had entered the house and may be trapped but when a Stafford assistant chief was first on scene, he informed dispatchers that both people were out of the house and that it was believed nobody was in the house at that point.

Town of Batavia Chief Chris Strathearn said the heavy, tall column of black smoke from the fire was visible well before he arrived on scene. He called for a second alarm.

Companies dispatched included Town of Batavia, City Fire, Stafford, Le Roy, and Alexander's FAST Team. Mercy EMS, Sheriff's Office, and State Police assisted at the scene.

The ranch-style home was built in 2016 and is owned by William and Stacy Corcoran. The 2,387-square-foot house sits on a 3.7-acre parcel. The Corcorans also own other adjoining farm property. 

Photos by Howard Owens. For more photos, click here.

Woman charged in nail polish damage to car that was discovered after City Council meeting

By Joanne Beck
Jill Turner

An investigation stemming from the report of a vehicle that was damaged while the owner was at a City Council meeting on Sept. 12 has resulted in charges for Jill M. Turner of Batavia.

Turner, 40, was charged with criminal mischief, second-degree, upon her arrest on Oct. 13, city police said. She was arraigned in Batavia City Court and released on her own recognizance, to return at 1:30 p.m. Thursday.

The unidentified owner of the defiled automobile filed a claim after that September meeting, stating that someone had poured nail polish on her vehicle while she was at the meeting and a public hearing about a current law that allows farm animals within city limits.

Some residents, including the claimant, who lived near Turner had complained that her goats and other animals were a nuisance to the neighborhood. Turner was not at the meeting that drew some 30 people to the second-floor City Council chambers that evening. Shannon Maute, one of her neighbors, said she "was happy to see that an arrest had been made."

"We are tired of being tormented and bullied by Jill," Maute said to The Batavian Sunday evening. "I hope that this will send her a message that she can't get away with it any more. There are consequences for her actions and her behavior."

Detective Eric Hill had confirmed at the time when the damage was first noted that there was “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle that was parked in Jefferson Square.

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

UPDATED 3:20 p.m.: According to a source close to the vehicle owner, the damage has been assessed at nearly $2,000.

Everyone -- from Spiderman to Felonious Gru -- gets in on the act with Scarecrows on Main contest

By Joanne Beck

Have you seen Elba’s power couple? Although a bit lumpy and odd-looking, the self-titled king and queen stand proudly on Main Street every day.

If you hadn’t noticed them, the firefighters rescuing a cat up a utility pole may have been a distraction. Or perhaps the tired PTA mom caught your attention, poor thing — her life is full of fundraisers and supporting the Lancers.

Those are just some of the entertaining Scarecrows on Main entries for this year’s contest. Sponsored by the Elba Betterment Committee with Genesee-Orleans Council on the Arts funding meant there wasn’t an entry fee this year, Pauli Miano said.

“This is the second year that we have done the Scarecrows on Main.  Last year the village clerk, Jerah Augello, came to the Elba Betterment Committee and asked us to help them sponsor a contest.  We charged $5 per entry and then used the money to pay out prizes,” Miano said. “This year we included the contest in our grant request to GO Art!, so we did not need to charge per entry.  While that made it more alluring, I'm sure, it also made it a little more confusing for us, because a few of these scarecrows just showed up on the street and we weren't sure who they belonged to.”

Not to worry, they got it all figured out, and there are 39 entries, which is 10 more than last year, she said. One change for this year is a display at Elba Central School. With a theme of  “It’s a Small World,” it’s a testament to diversity that exists in the village and town, she said.

“We have many students who are of Mexican descent, and this year we also have two exchange students: one from Italy and one from Denmark,” she said.  

The contest has also drawn more participation from families and businesses, with more than a dozen that include farms, restaurants, M&T Bank, the post office, and other places “that help to make our community such a great place to live,” she said.

Four judges — one from each the town and village boards, a community member and Onion Queen Bella Mateos — have just begun their reviews of the colorful creations, and there is also a People’s Choice option for the public. To view all entries and vote for your top three, go to Elba Betterment Committee.

Adding to the fun is the yearly tribute to the Stumblin Inn, and this year’s display does not disappoint: “it’s even bigger this year,” Miano said.

The contest itself isn’t directly tied to Halloween in the Park, but the month culminates with a seasonal event for local Elba children to enjoy games, candy, refreshments, and photos. That runs from 5 to 8 p.m. Oct. 31.

“We have done this in the past and it has really been an awesome event,” she said. “But this is the first time in four years that we are back in the park and open for children from Elba to come on down.”

Photos submitted by Pauli Miano.

Batavia City Schools officials celebrate re-opening of Robert Morris school

By Joanne Beck

There is a garden in every childhood, an enchanted place were colors are brighter, the air softer, and the morning more fragrant than ever again.

Those words of a poem captured the goal for the newly re-opened Robert Morris School, Principal Maureen Notaro said during a ceremony Friday morning.

“When we needed more space at Jackson Primary, I suggested that we move our pre-kindergarten classrooms over to Robert Morris. We had many conversations about who, what, why, when, and where over the months last spring and summer,” said Notaro, principal of Jackson Primary and its pre-school satellite at Robert Morris on Richmond Avenue and Union Street. “This was a collaborative effort with one thing in common; we all shared the same vision of early literacy. We wanted to create a magical place where students felt happy and accepted, where they would meet new friends and flourish to start off their first experience at school in Batavia.”

Robert Morris has a storied history, from its construction of a 12-room site in 1928 to accommodate elementary students, to the closing in 2012 when students were merged with Jackson Primary and John Kennedy Intermediate as a savings measure through consolidation, to now, once again, being used as a city school due to what officials have said were rising pre-school numbers and a need for extra space not available at the primary school.

City school officials, staff, parents, and children gathered outside of the school to celebrate its resurrected use for education of city school district students. Robert Morris has “a deep and proud history within our community,” with thousands of community members passing through its legendary halls, Trisha Finnigan said on behalf of Superintendent Jason Smith, who was absent due to illness.

“I have no doubt of the impact this beautiful campus has had on countless fellow Batavians,” Smith said. “I see it in the comments, likes, and engagement … in the celebratory calls and emails I’ve been getting from our neighbors, and from community members stopping me in Tops and at our sporting events across the street at VanDetta Stadium.

“It took a true village of passionate BCSD team members to bring our vision of reopening Robert Morris to life,” he said.

Smith credited his district leadership team of Finnigan, Scott Rozanski and Molly Corey, all who assisted with the “monumental logistical task of opening a school and staffing it,” and to Notaro and Assistant Principal Jessica Torrey.

After the school was closed for district educational use a decade ago, the building was used either for district needs (public relations, information technology), or rented out to various organizations, including BOCES, a daycare, Harvester Center, and Arc. After receiving comments that Jackson Primary was getting pretty tight due to increased enrollments, the district bumped up first grade’s eight sections to 10, which then created a need for additional space at Jackson. Four UPK sections have been moved to Robert Morris.

“Students who attend UPK get adjusted to what school will look like next year in Kindergarten,” Notaro said. “Exposure to school routines in preschool prepares them for the structure and the expectations of kindergarten. Research tells us that experiences in the early years are the foundation of long-term growth of a child. Preschool is much more about developing social-emotional skills than it is about developing academic skills.” 

These social-emotional skills include learning to share and take turns, showing empathy for classmates and self-regulating their own strong emotions, she said. Without skills like these, “children will have a hard time moving on to academic achievement in later years,” she said. 

“We are very excited to reopen Jackson Primary Satellite at Robert Morris. We have experienced great success in combining our preschool with Universal Pre Kindergarten to provide a rich early literacy experience for our students of Batavia and surrounding areas,” Notaro said.

There are 72 kids in Universal Pre-Kindergarten and about 30 in the pre-school program, which can also accommodate up to 70 students, she said. While Notaro has been at the district for 23 years, this is Torrey’s second year as assistant principal in a total 15 years at the district. She has found that “there's always excitement to come to pre K, whether they're at Jackson or whether they're at Robert Morris,” Torrey said.

“They love their first school experience because they're always excited to be here,” she said. “But we have noticed an increase in excitement from parents and community members in this building because it is such a beloved building in our community.”

Top photo: Pre-schoolers Braxton Bliven and Troy Briggs help with the ribbon-cutting ceremony with Principal Maureen Notaro Friday at Robert Morris school in Batavia; above is Assistant Principal Jessica Torrey. Photos by Joanne Beck.

Excess teachers and counselors, not enough sharing of services part of staffing study: district leaders' rebuttal

By Joanne Beck

A lack of a comprehensive and strategic staffing plan, increased teacher positions paid for with additional federal and state aid despite declining enrollment, and a larger number of school counselors per federal recommendations were some of the findings of a consultant’s study at Batavia City Schools.

Thomas Ramming of International Deliverables LLC and Thomas Ramming Consulting, Inc., presented his report to the school board earlier this week. The Batavian asked every school board member and Superintendent Jason Smith for their comments regarding the outcome, which also included suggestions to rectify some of the seemingly misaligned student-to-staff ratios and revising contract language for more effective bargaining negotiations. 

The consultant's process included using an “efficiency lens” that relies on data to review staffing issues. He also met with Superintendent Jason Smith, administrators and principals, plus reviewed master schedules, enrollment history, collective bargaining agreements, average class sizes, financial information and related research.

One central point, brought out by board Vice President John Reigle, and echoed by other board members, was that Ramming’s prior studies had all been before COVID hit. Batavia was his first project to measure staffing following the pandemic, school shutdowns, masks, social distancing and such. Therefore, in reference to having increased teaching staff despite a downward enrollment, Reigle believes it’s justified.

“Pointing out again that this study, although has its positives, does not take into consideration the needs of the students, both academically and social/mental since post-COVID,” Reigle said. “I will continue to be a strong advocate of our students’ needs.  As Dr. Ramming pointed out, these additional positions were added utilizing those additional COVID funds.

“Our district was required to document how it was spent. I think that is a key factor to point out and keep in forefront of mind that some of our students, along with other students nationally, have had a learning loss due to COVID in regards to academics and their social/mental well beings,” he said. 

The COVID funds are that of the American Rescue Plan Act, which divvied up additional monies for municipalities, and for school districts to apply toward student-needed measures in the current post-pandemic era. The district dedicated a large portion to the hiring of a second school resource officer and several new teaching positions.

During his talk with the board, Ramming admitted that the whole COVID scenario was not calculated into the overall findings, but he also suggested that the district continuously assess whether the extra personnel will be warranted in the future. And if that’s the case, the district needs a plan for how to pay for those salaries and benefits, Ramming said.

Superintendent Jason Smith concurs that the suggested ratios were pre-COVID “when mental health needs were not as pronounced and as valued as they are now.” Batavia City Schools was a major recipient of “significant grant resources” that he and board members believe have been properly allocated to those needs.

As for possible remedies for staffing issues that Ramming highlighted, including certain language that hinders negotiations with the teacher’s association, and potentially excess staff, Smith said the district has “already started implementing suggestions.”

“Two vacant teaching positions (music and Spanish) were not recently filled and will not impact the instructional program,” Smith said. “We’re working closely with our music department to review schedules, and are always in respectful and professional conversations with BTA officers to promote efficiencies while recognizing the important work of our teachers.

“Additionally, each principal and district office administrator has thoroughly reviewed and analyzed this study, and it has been given prime attention at our internal meetings,” he said.

The savings by not replacing those vacant positions covered the $12,000 cost of the study, he said.

The district has been analyzing the need for “every single position as they become vacant,” he said, citing two cases of positions not being filled after ensuring that instructional programs would not be negatively affected, he said.

“Teachers whose positions are being paid through grant funds are notified right away upon acceptance of the position that it is a temporary position — this is a practice I have brought to Batavia,” he said. “It is fiscally sound to the district and fair to the employee.”

Smith argues that teaching positions are not “extra,” as they have been deemed as critical to the district’s mission and vision. And “we were thankful to have the grant money and federal funds to support these positions,” he said.

When asked how the district will assess the value and need for those additional teachers, there are "data tools" used to measure the social emotional learning needs of students, he said. 

"We can survey students and families, and there are objective tools we can utilize as well," Smith said. "In addition, the district will be using a universal screening tool and research-based tool known as DESSA. It is a standardized, strength-based assessment designed to measure social-emotional competence for students in grades K-12. This screener will provide the district with data to analyze and plan for student needs."

Board member Alice Benedict said the board requested this study “to make sure our district staff was right-sized” for the educational programs being offered and when compared to enrollment figures.

“We have been assured by the Superintendent that he and his administrative staff will fully review and consider the findings of this study,” Benedict said.

“I have come to realize that with the effects of the COVID pandemic, our student population has significant mental health concerns. Our district wants to provide adequate support for our students with as much help and support as they need,” she said. “I am sure the Superintendent and his administration will look hard at our staffing numbers and make the appropriate decisions with regard to the positions of counselors and social workers in the district.”

 

Board member Barbara Bowman said that, while Batavia is amazing as a district, "I know it’s not perfect."

"This study just confirmed for me that we have the ability to continue to move forward, and it gave us concrete, objective ideas to consider," Bowman said. "The (Batavia Teacher's Association) represents a precious commodity, our teachers.  They in turn provide above and beyond services to our students.  We are always in communication with the superintendent and I feel there is always room and ability to negotiate. We’re definitely on the same team!" 

When asked for their priorities, board members shared similar sentiments about wanting to move forward and working with key players in the district for each student's benefit. 

"I see our first priority to be working together with the parents, the administrators and the superintendent to identify priorities and effective ways to address them," Bowman said. "Communication is key on the part of all stakeholders to keep moving Batavia forward and upward."

John Marucci, board president, said that he was looking forward to working with Smith and the administrative team on study-related efforts.

“My priority is still doing what's best for the students,” Marucci said.

This was a first-time study of this kind for board member Jennifer Lendvay, she said.

“Whenever a study is done, no matter what we are researching, we do so to get an objective perspective from an outside source.  I found Dr. Rammings' results incredibly informative and personally look forward to working closely with our administrative staff and Mr. Smith to carefully analyze these findings and move forward,” Lendvay said. “Being somewhat new to the board, this was the first time I have been a part of a study in regards to our operations and staffing, so hearing the information was quite insightful.”  

She disagreed with the finding that the district didn’t do much sharing of teacher services — specifically cited as having “a lack of coordinated effort to share teachers between buildings.”

“Knowing that we currently do have teachers that are shared within the district, and none of those are related to the ARPA funds,” she said. “Our teachers go above and beyond for our students and have been willing to do what is necessary to assist in their learning, including traveling between schools. 

“At this point in time, our students are still in need of additional support: academic, social-emotional, mental health, etc. Dr. Ramming corroborated that we have been able to add teachers because of the funding,” she said. “The additional funding was spent to help address the learning loss. Mr. Smith has made it a point to be transparent with our employees, that being hired under these funds, that it is temporary funding.”

Newly elected member Korinne Anderson said that she looked forward to “learning more about this study as the year progresses,” and is glad that it was completed “because it gives a different perspective.”

Board member Chezeray Rolle did not respond to The Batavian’s questions. 

Primary suggestions given to the board include to:

  • Incorporate a five-year vision with specific and measurable academic, social and emotional goals in the strategic plan.
  • Identify a central office administrator to develop and implement, with input from other administrators, principals and the board, a strategic staffing plan and process.
  • Continue to review the impact of the collective bargaining agreement on staffing, scheduling, and instruction and seek to address the most significant issues through collective bargaining.
  • Objectively assess the value of positions funded by ARPA and determine their value. Consider reallocating resources when the grant expires. Also, as any position becomes vacant, objectively determine if the position nesds to be filled long- or short-term, or perhaps part-time.

Other suggestions include:

  • Update and consistently follow class size guidelines, student-to-teacher ratios and minimum class sizes.
  • Look at sharing special area teachers, such as physical education, music, art, especially between Jackson and John Kennedy.
  • Consider coordinating the schedules for middle and high schools to facilitate sharing of teachers;
  • Evaluate the roles and responsibilities of school psychologists, school counselors and school social workers, within the framework of a comprehensive plan, to determine appropriate staffing

To watch the presentation, go to Batavia City School District on Youtube.com.

Owner in dog OD case willing to discuss future of her dog while criminal case is pending

By Howard B. Owens

The future of Oddey, the French bulldog that reportedly overdosed on narcotics three times in May and June, may soon be resolved while the criminal case against Oddey's owner, Cassandra Elmore, will likely remain pending for some time.

Elmore appeared in City Court today with her public defender Jamie Welch.

Welch indicated he needs more time to file motions in light of new evidence (he didn't specify what the evidence is), new discovery turned over by the District Attorney's Office (again, not specified), and his recent receipt of lab reports (he didn't indicate what the lab results reveal).

He indicated the charges of injuring an animal under New York's Ag and Markets Law are more complicated than typical penal statutes and required more research. 

Judge Thomas Burns agreed it is a complicated case and gave Welch until Nov. 25 to file his motions, and gave Assistant District Attorney Jenna Bauer until Dec. 8 to file her answering papers.  He set a hearing date on motions for Dec. 15 at 1:30 p.m.

If that's all there was to the case, Oddey would be guaranteed at least two more months of confinement at the Genesee County Animal Shelter, but after the motion dates were set, Welch said there was one more thing to discuss.

His client, he said, was willing to meet with representatives of the "animal rights" group following the case -- referring to Volunteers for Animals. He said he didn't know if there were any respresentatives in court today -- there were -- but invited them to stop by the Public Defender's Office and pick up a copy of his card so they could discuss the future of Oddey.

Burns said it was wonderful news that there are options for Oddey.

"Options are good," he said.

Bauer said, "I believe that's the top concern of everybody here."  She suggested that if an agreement could be reached regarding Oddey, a status appearance date be set so the issue could be resolved sooner than two months from now.

After meeting with the attorneys at the bench, Burns said the case will remain on the calendar for Dec. 15, but if an agreement is reached before then, the case can be recalled and the Oddey matter could be resolved in that appearance.

The case was then adjourned.

Previously:

For your convenience, new shop open on West Main Street, Batavia

By Joanne Beck

Walk inside F&M Convenience and take a 360-degree tour of the multitude of items lining the walls, inside of display cases and on both sides of a freestanding shelving unit.

There are items from A — apple juice — to Z — Zippo lighters. And in between, there are assorted beverages of water, juices, sports and coffee drinks, pop, milk and beer; various foods from chips and snack cakes to cereal and ice cream; sunglasses; sports jerseys and hats; backpacks; gum; cigarettes, grinders, wraps and baggies; and the endurance supplement Kratom. And that’s just to name some of the large inventory of items selected by Manager Ali Mohammed.

“We wanted to have a convenience store here,” he said at the site on the triangular patch of property across from Top’s friendly markets at 4169 West Main St. Road, Batavia.

It’s hard to miss the big grand opening sign draped in front of the building, and Mohammed hopes that customers will visit and check out what’s inside. The store is brightly lit with a backdrop of colorful goods available for purchase. There is also an ATM and lottery tickets available, he said.

He has already had two grand opening barbecues and is planning a third one this weekend. It’s set to begin with grilled sausage and burgers at 3 p.m. Sunday.

The store is open 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m. Sunday. Mohammed is looking to hire one more staff member with at least two years of experience and is 21 or older. For more information, call 585-250-4155.

New county jail creates more expense, 2 percent levy increase while assessments create lower tax rate

By Joanne Beck

A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

In the mood for some Mexican fare? Señor Leon is open on Batavia's west side

By Joanne Beck

Guillermo Leon is a man of few words, but they’re backed up by integrity.

The restauranteur has opened a second Mexican-themed eating establishment in Batavia, this time on the west side of town.

“Batavia is growing, and there’s more room for different kinds of restaurants,” Leon said Wednesday at Señor Leon Mexican Restaurant. “People go to Walmart and then can come here to eat. It’s very convenient.”

He owns Rancho Viejo in the city’s downtown, and thought a second restaurant closer to the popular Big Box stores would be a good location. Señor Leon, with an investment of more than $300,000, is tucked into the plaza at 4140 Veterans Memorial Drive.

Double oak and glass doors greet visitors before entering the spacious site. Deep blue, high-backed booths and Mexican decor — gold-trimmed hats, paintings and other themed wall art — plus seating of tables and similarly deep blue, padded seating are ready for a comfortable dining experience.

Leon had the furniture shipped in from Mexico, he said, to provide that authentic touch.

“I wanted to make it look different than other restaurants,” he said.

His place has 10 employees, and he is currently hiring for full- and part-time positions, he said. It may take more than a glance at the menu to place your order, as it is an extensive offering of lunch and dinner options — including assorted burritos, enchiladas, tostadas, tamales, hard or soft tacos and quesadillas.

There are grilled and “authentic Mexicano” dishes, such as Pollo Asado, chicken breast with grilled onions and cheese sauce served with rice, beans and two tortillas; nachos supreme loaded with cheese and toppings; Chicken Popeye, a grilled chicken breast topped with creamy spinach and queso fresco with rice; and Chile Colorado, beef tips cooked with red chile sauce and served with rice, beans and tortillas.

Feeling peckish before dinner? Appetizers include fresh guacamole, chicken wings, fajitas nachos, tortilla soup, and ceviche with shrimp and/or octopus.

A native of Mexico, Leon wanted to expand upon Rancho’s menu with more seafood and “a bunch of different things,” he said. Seafood entrees feature red snapper, prawns, salmon or tilapia, and there’s a seafood soup with shrimp, fish, scallops, calamari, mussels, octopus and a king crab leg. If meat’s not your thing, there are also vegetarian and vegan options.

To top it all off with a little sweetness, there’s the fried cheesecake, churros, Mexican custard (flan), raspberry donut cheesecake, the “ultimate” chocolate cake with layered chocolate mousse and butter cake with buttercream chocolate icing, or a banana chocolate swirl cake and high peanut butter pie to choose from.

If you go soon, you may notice the bar area, which will be open once Leon receives his liquor license, which has been in progress with the state Liquor Authority, and he hopes to have soon.

Asked for his favorite, Leon didn’t name one of the Mexican dishes, and instead admitted “I’m more a steak person.” He added that the steaks are served on a rack and cooked “to taste” for each customer’s preference.

Newly opened, Señor Leon has been drawing customers, he said.

“Everyone who walks in walks out happy,” he said. “I guarantee if you don’t like it, you don’t pay.”

Hours are 11 a.m. to 9 p.m. Sunday through Thursday and 11 a.m. to 10 p.m. Friday and Saturday. For more information, call 585-250-4484.

Top Photo: Staffer Felix Ramirez shows a portion of the large dining space at the Veterans Memorial Drive restaurant; Sergio Suniga is about to serve a plate of Señor Leon house appetizers: fried chicken taquitos, sauced chicken wings and a chicken quesadilla with pico de gallo, sour cream and a special touch of the Mexican flag, above. Photos by Joanne Beck.

Sign of the times, or a big can of worms: first digital sign proposed for downtown

By Joanne Beck

As members of the city’s Planning and Development Committee mulled a request Tuesday for a digital sign  — which would be the first one approved for downtown Batavia — all action came to a hush at one point.

Members Ed Flynn, David Beatty, Chairman Duane Preston and John Ognibene looked at each other for guidance.

“Does anyone want to make a motion?” Flynn said. “What is acceptable? What is definitely not acceptable?”

Ryan Macdonald, on behalf of City Church, and contractor John Flannery made the request for the church at 210-212 East Main St. They asked to install a 99-square-foot electronic message board sign on the upper west side of the former theater’s existing marquee sign, and a 41-square-foot electronic sign on the upper east portion of the marquee.

Electronic signs have not been allowed in the central commercial district of the Business Improvement District, per city code. Such signs in areas outside of BID cannot change more than once every 10 seconds and images and messages must be static, not producing the illusion of scrolling, moving objects, expanding or contracting shapes or any similar effect of animation, the Batavia Municipal Code states.

So if the committee approved the sign, those three variances would have to be assessed. Members discussed the 10-second rule, mostly being against such a quick turnover of messages.The whole idea would be a “big step” to take, Beatty said, and could also set a precedent for more of the same downtown.

He gave a visual of Jimmy Stewart’s character in “It’s a Wonderful Life,” staggering down the streets of Potterville as commercialization has taken over.

“I’m not saying that’s what you’re doing,” he said to the applicants. “It’s going to be different, and quite a large sign in itself.”

Beatty suggested using some creative thinking to accomplish the goal of advertising church events and its schedule another way with signage.

Macdonald explained that the digital sign would provide opportunity for people to know what’s happening in a more direct way while driving up and down Main Street. This is a project that’s been on the table for two years, he said, as church leaders have researched a full restoration of the marquee — at a cost of more than $300,000 — and less expensive options.

“This was kind of the halfway mark,” he said.

He also echoed Preston’s comment that going electronic is a “sign of the times.”  People live by their phones, Macdonald said, and put them on their car dashboards to watch movies.

“That’s the world we live in,” he said.

Dunkin’ Donuts, which is not in the downtown district, was mentioned as an example of a sign that Macdonald said is being made with “antiquated technology.” That’s not even an option for the church as such technology is not even being used anymore, he said.

Preston sympathized with having to use the even older method of climbing a ladder to snap letters into place on a marquee sign. But all members agreed that 10 seconds was not enough time between message changes.

The proposed sign would provide an opportunity to disseminate church news “for someone that may not be on social media,” Flannery said. It’s about more than just service schedules, he said. Messages would also include a welcome greeting, a Christmas play promotion, and the like.

“There's more opportunity for people within the community to have the opportunity to participate in something, that may be other than a normal mass that's happening,” he said. “I think you would want as much ability with what they're going to provide. Because I think it's a once in a lifetime, once in our lives job. You want to do that right.”

Finally, Ognibene made a motion to approve the request with the stipulation that the message cannot change more than every 60 seconds instead of every 10 seconds.

Ognibene, Flynn and Preston voted yes, and Beatty was the lone no vote. He just didn’t see the need for the larger, electronic version of the existing marquee, Beatty said.

This vote will serve as a recommendation to the Zoning Board of Appeals, which will review the request during its meeting next week.

Preston said he wasn’t certain it was the right decision, but that it’s now up to the ZBA for final approval.

“They may not, even though we approved it for zoning. We just made a recommendation at this point, to address the three variances,” Preston said, answering The Batavian’s question about setting a precedent for others. “It's opening up a can of worms.”

File photo of David Beatty, and photo of Duane Preston, above, by Joanne Beck. Sign photos courtesy of the Planning and Development Committee's applicant materials.

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