Ginger is a bit lost, and maybe this kitty belongs to you. David Austin said the feline had a red collar on when he first spotted the beauty in the area of State and MacArthur. The collar is gone, but the cat is still in the neighborhood. He would like to reunite the cat with its proper home. He can be reached at (585) 300-3441 or Christina can be reached at (585) 297-3082.
A walkability task force has tentatively put one foot in front of the other and landed at the Bank Street crosswalk between Main Street and Washington Avenue.
The task force, made up of six members of the county that include public health, planning, transportation, Office for the Aging, the Youth Bureau and an elected official, were given an assignment to take photos of various “walkability/rollability” successes, challenges and surprises in Batavia — one of the largest areas for pedestrians — and one spot popped up most frequently, participants Paul Pettit, director of the Public Health Department, and Kaitlin Pettine, communications rep for the department.
“Based on this assignment, one area that we believed walkability/rollability could be improved was Bank Street between Washington Avenue and East Main Street,” Pettine said to The Batavian on behalf of both.
Backing up to the beginning of this project: It stems from a $10,000 grant to fund a walkability virtual academy for communities to explore and solve issues of poor walkability for pedestrians.
This involved a training seminar and a photo assignment. Another step is likely to be some type of demonstration, perhaps at the site of the crosswalk, for the potential dangers and safety measures that can be taken, OFA Director and task force member Diana Fox said.
“It would be a pop-up demonstration,” she said.
One of the problems with that section, with Bank Street itself, is that it is quite wide, and the city may be involved by narrowing the width and “shrinking the distance of the crosswalk,” she said.
“And so the pop-up is being able to do some demonstrations and purchase materials to create different crosswalks and designs to make some green space so that the edge of the curb comes out more so that you have to slow things down,” Fox said during this week’s Human Services meeting. “So that's one of the things that we're looking at doing with that, and creating a whole demonstration. We’ll probably do it by the end of the summer and in September.”
A video was made in May 2019 to promote that very crosswalk and how to ensure safety when crossing. Former City Manager Martin Moore and Former County Manager Jay Gsell assisted folks across the walk, offering advice in a campaign for safety awareness and education, Gsell said.
"We find this intersection is a heavily-used pedestrian traffic area, and there has been too many pedestrians 'near misses' between vehicles and pedestrians," Gsell said. "We said, 'let's make an effort to heighten awareness, and to also start the process to put signs up."
People park across the street, "like they're supposed to," he said, and then proceed to use the crosswalk, as they hope it's safe -- but that isn't always the case. Motorists sometimes blow through the walk without stopping or even slowing down.
As for the task force's vision, this is all in the conceptual phases right now.
The Batavian asked if members of Healthy Living and GLOW YMCA would be part of this effort, given the brand new campus being built adjacent to the crosswalk.
“Healthy Living/YMCA folks were not involved in the academy, but will be invited to the table along with other interested stakeholders as the process moves forward,” Pettine said.
Will the entire grant amount go towards the demonstration to be done in downtown Batavia or to be used for various walkability efforts?
“The goal of the Walkability Virtual Academy (WVA) was to bring stakeholders together to participate in this academy so that we have the foundation for future planning around walkability/movability in our county. We hope that we can bring the knowledge learned to towns, hamlets, and villages to improve the collaboration among partners regarding future designs and plans that relate to walkability and movability,” Pettine said. “Having this baseline work completed will also position us to be more competitive in future grants to address initiatives throughout the county."
How do you see the money being spent, and is there a chance that some of it could actually go to implement ideas that the task force comes up with?
“The WVA Taskforce is still in the planning process for how the $10,000 will be used. We just completed the academy classes and are in the process of developing an action plan,” she said. “What is written in the action plan will determine what the $10,000 will be used for. The funding could be used for pop-up demonstrations as well as walkability improvements.”
Since this is a federal grant, the task force must meet compliance obligations to receive the funding.
The Batavian reached out to Chief Shawn Heubusch for information related to the Bank Street crosswalk, and this story will be updated when those answers are received.
To watch the entire video recorded in 2019, go HERE.
Are you a pedestrian in the city of Batavia? What do you think is the most dangerous “walkability” section here? Let us know at joanne@thebatavian.com.
Press Release:
Congresswoman Claudia Tenney (NY-24) announced today her May mobile office hours. During these hours, constituents can receive one-on-one assistance from Tenney’s team of expert caseworkers on issues regarding federal agencies such as the Veterans Administration, Social Security Administration, Internal Revenue Service, or Passport Agency.
If you are interested in attending any of these mobile office hours, please schedule an appointment by contacting Tenney’s District Office at (315) 236-7088 or walk in at any time to receive assistance. Please note, scheduling an appointment ahead of time will allow for an expedited casework experience.
In addition to Tenney’s mobile office hours during the month of May, Tenney maintains three full-time offices in Lockport, Victor, and Oswego, with regular satellite hours in Watertown every Tuesday 9 a.m. - 1 p.m. The Lockport (716-514-5130), Victor (585-869-2060), and Oswego (315-236-7088) offices are open Monday through Friday from 9 a.m. to 5 p.m. Additional information on casework services and office locations can be found at tenney.house.gov.
Mobile office hours will be available at the following times and locations:
County: Genesee
Date: Wednesday, May 10
Time: 10 a.m. – 12 p.m.
Place: Genesee County Office Building
Address: 7 Court St., Batavia, NY 14020
Photo: File photo of Claudia Tenney by Howard Owens
Press release:
Congresswoman Claudia Tenney (NY-24) today released the following statement on the passage of New York State Senate Bill 7855.
This bill, which was passed as part of the New York State budget, changes the structure of Western Regional Off-Track Betting (OTB). The change will effectively diminish the role and input of rural Western New York counties.
Local leaders from across Western New York joined Tenney in condemning the highly politicized backroom deal, which upends decades of precedent to reduce the input of rural communities and hand disproportionate power to Democrat-leaning cities. The decision was made without any input or consultation from regional stakeholders.
“Negotiated and agreed upon in the dead of night without any input outside of Erie County and the City of Buffalo, the termination of every appointed commissioner of the Western Regional Off Track Betting Corporation is an attack on rural New York counties,” said Congresswoman Tenney. “For half a century, the Western Regional OTB has operated under shared control between 15 county governments and the cities of Rochester and Buffalo, promoting economic growth, jobs, and tax revenue across Western New York. With the passage of New York’s Big Ugly Budget, the Western Regional OTB has been politicized, and the role of rural counties has been greatly diminished, with far more power now set to go to the cities. Now more than ever, when crime rates are skyrocketing, taxes are soaring, and people are fleeing the state at unprecedented rates, Governor Hochul should be focused on correcting these problems, not destroying the Western Regional OTB.”
"The Western Regional OTB language snuck into the state budget is Albany's latest attack on rural communities. Governor Hochul and Albany Democrats have conspired to eliminate the longstanding arrangement that allowed 15 counties and the cities of Rochester and Buffalo to have balanced representation on the OTB board. The voice of rural counties is being smothered out simply because they are represented by Republicans. This is nothing more than a partisan power grab disguised as reform," said New York State Senate Republican Leader Rob Ortt.
“With the proposed legislation, including changes to the language in New York State’s Budget agreement regarding the Western Regional Off-Track Betting Corporation, will limit the number of representation Cayuga County has and negatively impact our county. This new plan will immediately remove the current OTB Directors and create a new board, giving more power to larger municipal governments in the public benefit corporation’s service area and taking away the voices of both smaller and rural counties. Ultimately, I strongly oppose any changes to this new agreement as it will create an unfair representation and take economic benefits away from Cayuga County and its surrounding counties,” said David Gould, Cayuga County Legislature Chair.
The proposed legislation to change the membership of the Board of Directors of the Western Regional Off-Track Betting Corporation will negatively alter the balanced representation formula previously provided by the State Legislature and the Governor. This agreement has proven to be fair and impartial by affording each municipality that comprises the Corporation an equitable voice in all Board matters. I strongly oppose any changes to this agreement as it will cause undue harm to Livingston County and its governance and economic interests in the Corporation,” said David LeFeber, Livingston County Board of Supervisors Chair.
“This is just one more example of Governor Hochul and a downstate, socialist-dominated Legislature usurping the home rule of upstate counties, ignoring 50 years of shared governance by 17 partner counties of OTB in favor of a blatant, and we believe illegal, power grab. The fact they did so under the cover of darkness with not so much as a conversation with the counties impacted is the height of arrogance and abuse of power. We will talk with our partner counties and decide on what steps to take next,” said Niagara County Legislator Majority Leader Randy Bradt.
"This proposed legislation being rammed through would cut the representation of Oswego County down. Diluting the voices of rural counties would only serve to shift the economic benefits away from Oswego and concentrate power to larger counties. Oswego County stands firmly against this,” said James Weatherup, Chair of the Oswego County Legislature.
“Genesee County, the host county of Western New York Off Track Betting, calls on Governor and State elected officials to halt the assault on rural counties who own, provide guidance and leadership to the most successful OTB operation in NYS. Senate leaders are pushing to restructure the board of director's voting power to two-thirds of the urban counties of Erie and Monroe and the cities of Buffalo and Rochester. Through S7855A resetting the rural counties to 37 percent of weighted voting, from 1 entity/ 1 vote structure since inception of WOTB, 50 years ago. The successful leadership of WOTB is due to consistent leadership by rural counties that provided seed funds to operate and own WOTB. Our rural county leadership has experience in managing municipalities, providing value to owners of WOTB and especially safeguarding investments made by our taxpayers of Genesee County,” said Shelley Stein, Genesee County Legislature Chair.
Once again, Albany is okay with large counties taking away the representation of smaller and rural counties in a power grab ... this time, it is the board of directors of Western Regional Off-Track Betting/Batavia Downs Gaming that is the target. Currently, each member county gets equal representation, but not in the new plan, weighted voting will give control to the large counties, especially Erie County. Governor Hochul should line-item veto this legislation that hurts small counties like Orleans. Fifty years ago, by the Home Rule vote, OTB was created, and representation balanced and fair. This attempted change is wrong,” said Lynne Johnson, Orleans County Legislature Chair.
“To take a fair voting system that has worked for over 50 years and turn it into an unfair politicized system is no more than three people in a backroom politics. Its sole purpose is to take our voices away, and it will do just that. If it’s not broken, don’t fix it. I urge my colleagues to vote no,” said Chairman Michael Enslow, Seneca County Board of Supervisors.
“Wayne County needs equal representation in regard to the OTB setup. There are a lot of people that come from Wayne County that come to participate at the OTB, and we need a voice in what goes on there,” said Phil Eygnor, Wayne County Board of Supervisors Chair.
Press Release:
The Paolo Busti Cultural Foundation Scholarship Awards Dinner will be held on Wednesday, June 7 at 6 p.m. The Foundation is excited to be able to celebrate its heritage together. It promises to be a wonderful evening of friendship, pride and of course a delicious Italian food, it will be hosted at Batavia Downs.
Tickets are $35.00 and may be purchased from Board members and Ben’s Appliance. The Foundation will also have tickets available to purchase for our Spring 20/20 Raffle, which supports our Senior Scholarships.
The Foundation is pleased to honor our 2023 Outstanding Italian-American, James Saraceni, on this evening as well.
Kaylie F. Kratz, a Notre Dame High School senior and is the daughter of John and Jill Kratz. She plans to attend SUNY Cortland majoring in Early Childhood Education. Kaylie is a member of National Honor Society and was named Student of the Month for Excellent Academic Involvement 9th thru 12th grade. She also accepted the Mercedes Mahoney Mancuso Memorial Award for students excelling academically despite obstacles.
Kaylie was awarded Future CEO Award for demonstrating growth and excellence. She also was Employee of the Month in response to her leadership in the workplace.
Kaylie participated in Environmental Action club and LE3. She was a after school/summer camp activity coordinator 9th thru 12th grade and participated in chorus at Notre Dame.
Kaylie volunteered at St. Joseph’s Regional School for various fundraisers and at the Notre Dame high school office. She also prepared healthy meals at Commit to Well to donate to the food pantry and hospital.
Kaylie’s experience growing up Italian, inspired her to see the love that family shares for each other and the deep admiration for the Italian Culture. She will always remember her Italian experience that will remind her to honor her culture.
Cooper J. Fix, a Batavia High School senior and is the son of Aaron and Kristen Fix. He has been accepted at Oswego State University and plans to major in exercise science/physical therapy. Cooper was inducted into the National Honor Society for 8th-12th grade and National Art Honor Society for 11th and 12th grade.
Cooper participated in link crew, swimming, football, track and field, tennis and source of strength just to name a few extracurricular activities. He was the recipient of the 2022 Judd-Gouinlock Citizenship Award and
2023 NYSPHAA Sportsmanship Award.Volunteering is a big part of Cooper’s life; he volunteers at community closet, soup supper and is a collector and greeter for Sunday Mass at Ascension Parish. He has been a part of National Honor Society projects, Source of Strength community projects and Make a Difference Day.
Cooper quoted Benjamin Franklin “Never base your life’s decisions on advice from people who don’t have to deal with the results of your decisions.” This quote has guided Cooper to support his ability to lead and know life is what you make it!
Sean Czyryca, a senior at Le Roy High School and is the son of Michele and Mark Fuller. He will be attending Hillborough College in Tampa, Florida majoring in General Studies.
Sean participated in soccer, baseball, football, basketball, chorus, drama club and peer counseling. He is a member of St. Joseph’s Parish in LeRoy and Our Lady of Mercy RC Church.
Sean volunteers at Eagle Star, DePaul and is a Blood Donor. Sean enjoys to sing, especially a Frank Sinatra tune, and of course, dance!
He stated that participating in school musicals has given him the confidence to pursue his future career goals.
Sean believes growing up in an Italian environment has shown him love for family, church and food!
Aden J. Chua, a Batavia High School senior who will be graduating Summa Cum Laude and is the son of Allison and David Chua. Aden plans to attend Genesee Community College and then further his education at a 4-year college to achieve his goal as a Screen Writer and Theology major. He is a member of the National Honor Society, Tri-M Musical Honor Society and was offered Key Scholar Grant from Elmira College.
He has participated in many activities: jazz band, musical demons, concert band, chorus, strings in sync. orchestra, marching band, production club, musicals, drama club and cross country. The clubs he participated are: Source of Strength, Z club, Umoja, baking club, video game club, board game club, and was a Mr. Batavia candidate.
Aden volunteers at the Community Closet, The Veterans Home, ARC and the Community Garden along with 5k Race for Autism. He attends BASE Classes at Northgate Free Methodist Church, a participant in overnight camping trips.
Aden believes bring Italian means putting your family above all except God. Being there for your family though difficult times and joyous times is what accomplishes a full life.
Michael A Marchese, a Summa Cum Laude recipient and senior at Batavia High School is the son of Paul and Sandra Marchese. He will be attending Paul Smith College to earn a Bachelor Degree in Environmental Science. He was inducted into the National Honor Society and received Service and Academic Excellence Award in his sophomore year.
Michael has participated in band for 8 years in the percussion section and orchestra for 12 years as a cellist. He participated in cross country and track for 6 years, earning a section patch for cross country for 2 years. He also participated in indoor track for 5 years earning a sectional patch and Tennis for 1 year.
Michael is completing his Eagle Scout Award by participating in The Boy Scouts, Scouts BSA(12 years), Senior Patrol Leader and Assistant Patrol Leader. He also participated for 2 years in the National Leadership Training.
He volunteers for the Rotary Club Fly-in Breakfast, Student Council, Boy Scouts fundraisers and community service programs.
Michael’s Italian Heritage has taught him to connect with family. Knowing when the pasta is done boiling, learning to be a speaker and be heard and a good cook! Now that’s Italian!
It wasn’t very long after Sweet Betty’s closed before the void was palpable to the Le Roy community, Kristen Beardsley says.
“I have a lot of friends and family in Le Roy and we could tell they were really missing this place. And it's kind of like, there's really not a lot of places to eat in Le Roy, to sit down and eat,” Beardsley said to The Batavian during Wednesday’s reopening of Sweet Betty’s. “People just like to come here. The kids like to come here after school. It was nice for kids that were in sports.
"I see it as a mom of two kids that when kids are in sports, there's not a lot of time, and on weekends, there's not a lot of time to be making dinners. So it just makes it accessible,” she said.
Beardsley, head chef and partner Steven Kelso and silent partner Gabe Dean approached former owner Gabrielle (Gabby) Keister, who closed the Main Street restaurant in October 2022, in January of this year, closing on the purchase in February 2023.
Much of the menu will remain the same — chicken sandwiches, tenders and souvlaki wraps, Italian sausage hoagies, cajun popcorn shrimp and burgers a la cheddar bacon, jalapeño bacon jam, mushroom swiss, and other varieties; assorted salads, sides and homemade desserts.
One change is that pizza was removed from the menu, since the new owners figured that’s a food item that can be purchased elsewhere in lieu of their menu, which features specialty fare.
New offerings include Kelso’s mac & cheese creations, from the reuben with corned beef, sauerkraut and swiss cheese to the Betty Bomber with sliced steak, peppers and onion. Kelso also makes daily soups, such as Wednesday’s cream of broccoli and Italian wedding.
With more than 20 years of experience in the restaurant business, including several at O’Lacy’s, Kelso of Batavia adds the kitchen element to Beardsley’s front-of-the-shop serving experience as a waitress.
They have several employees, including at some point Beardsley’s children, Lily, 16, and 14-year-old Kaleb; and Jo Berl, whose smile is a natural behind the counter serving up hard and soft ice cream cones and meals in the bright dining area.
“It was a very popular place before that and Gabby and Scott set a high standard, so it's just being prepared to continue what they started,” Beardsley, of East Bethany, said. “So, we're all prepared.”
Sweet Betty’s is at 15 Main St., Le Roy. Hours are 11 a.m. to 9 p.m. Wednesday through Saturday, noon to 8 p.m. Sunday and 11 a.m. to 8 p.m. Monday.
For more information, call 585-502-6084. or go HERE.
Batavian Dick Siebert, longtime director of Western Regional Off-Track Betting Corp., said today that he is stepping down as Genesee County's representative on the public benefit corporation's board.
Speaking on WBTA Radio, Siebert issued the following statement:
"I've been told that when the governor signs the budget today, I will be fired by people other than people who appointed me -- the county legislature 29 years ago. Quite frankly, I thought I would be fired or terminated by the board that appointed me but I'm hearing that I will be terminated. All 17 of us will be terminated and there will be new appointments to be made for directors representing Batavia Downs.
"I've never been fired a day in my life for any job I've ever done. So, rather than being fired by someone that I don't even work for, I've chosen, after 29 years, to notify my chairman and OTB Chairman Bianchi that I am resigning as of today. And so, it ends my career of 29 years of Batavia Downs.
"... and I point I would also make is that this isn't about the distribution of money. This is about distribution and who appoints jobs. We have five department heads; we have 14 department heads, and we have several people that are not union. So, this is a question of who makes the appointments. It's been the board that we have now.
"It will strictly be by weighted vote, and it'd be by the Democrats in Erie and Monroe County and cities that control all the vote. It's a blatant effort to take over the jobs that we have at Batavia Downs that are appointed by their merit and not by political affiliation.
"I'm worried about all of our employees that happen to be Republicans up there right now, quite frankly."
Genesee County Legislature Chair Rochelle Stein expressed “shock and surprise” today over the circumstances surrounding the profound changes made to the structure and voting parameters of the Western Regional Off-Track Betting Corp.’s board of directors.
On Tuesday night, it was announced that language in the just-adopted state budget includes a bill to dismantle the current 17-member board and revoke the one-person, one-vote arrangement that has been in effect for 50 years.
“I was not of the understanding, quite frankly, that this was going to be part of the budget,” Stein said by telephone. “That to me was a shock and a surprise. It is surprising the policy is so wrapped up in a financial document.”
Stein segmented her thoughts into specific areas affected by the legislation, namely the removal of the 17 current directors, the appointment process, the weighted voting format, the county legislature having to appoint or reappoint the director and the host agreement status of Genesee County, the Town of Batavia and the City of Batavia.
DISMISSAL OF CURRENT BOARD?
“What is even more surprising is that it calls for the immediate removal of the 17 current directors, and the counties will be faced with reappointing or appointing a new director,” she said. “Directors, for counties without executives, would be chosen by boards of supervisors or county legislators.”
Richard Siebert has been Genesee County’s director on the WROTB board for nearly 30 years.
Although the process of selecting a director for Genesee County wouldn’t change, it would have to start from scratch as a result of the new provision.
“When we get the bill back, the bill itself, we will work with our county attorney to ensure that when actions must be taken, we will have to comply with the law,” she noted. “That’s number two.”
The third point she addressed is what she called “the incredible change to a weighted voting (system).”
“If my math is correct, 62 percent of the vote will be held by Monroe and Erie counties and the cities of Rochester and Buffalo,” she said. “What means to me is that an organization that is returning funds back to its owner municipalities – and is proven to be highly successful – … will see a reduction in the influence and the leadership and guidance that has proven valuable for this organization to grow …”
Stein said that the county has reaped exponential returns from the initial $23,000 investment it made in 1974 to buy into the public benefit corporation.
“I know that this county has been well benefited by those returns,” she said. “And we in Genesee County are more impacted because we currently have host agreements with the Downs as we provide to the entity fire, public safety, highway services. Since OTB is a non-taxpaying entity for property taxes. So, these three communities -- the county, town and city -- receive a host benefit.”
A POLITICAL POWER GRAB?
Stein, echoing several Republican state representatives, called the bill “a power grab.”
“It’s so political, and it has been so toxic because of certain individuals,” she said. “The rest of us still have to maintain a decorum where we can get business done at the Downs and at OTB because record profits have been shared out to counties.”
She noted that revenue is shared through a “home rule” statute that was passed many years ago by the state legislature and approved by the governor.
“All that could change, but I hope it doesn’t,” she added.
The legislature chair also said she was disappointed that the county’s representatives in Albany were unable to read the bill beforehand.
“George Borrello and Steve Hawley were not able to read that bill until after it was passed. So again, the three people in a room (actually two men and Gov. Kathy Hochul) have not served us well at all here in New York State,” she said.
Stein also spoke about the state Comptroller’s audit that found deficiencies in certain areas that triggered State Sen. Tim Kennedy’s push for board restructuring.
“OTB is just like any other public entity,” she said. “They’re audited. There are deficiencies found. The organization has an opportunity to address the deficiencies and to improve or change aberrations.
“That's exactly the same behavior pattern that we have in our local governments that the OTB just underwent, and they certainly have taken those deficiencies, and they've corrected them. They took those words and made themselves stronger, better and more resilient.”
SEN. KENNEDY’S STATEMENT
The Batavian sought comment from Kennedy today, but his media manager said he was unavailable today.
She did email a statement from him, however:
“We talk a lot in the state legislature about prioritizing accountability and transparency - about rooting out corruption. Last night, we created an opportunity to deliver on that. From audits to investigations, the Western Regional OTB has been plagued with a pattern of mismanagement and misconduct for years, and a slap on the wrist isn't going to fix this behavior long-term.
“By including a reform I've sponsored to restructure the OTB's board in this year's budget, we're introducing an opportunity for fair representation that serves the public good. This is a common-sense, good government policy, and it's a reflection of the real, meaningful work we continue to advance on behalf of Western New Yorkers.”
Stein took exception to the use of the word “corruption.”
“That's a really strong word. The value that we have in our rural county representatives is that actually most of them know how to run a business. So, they have been sharing their expertise and guidance for years, which has proven beneficial to the off-track betting, to Batavia Downs, to the plans to grow the opportunities here in Genesee County.”
RETALIATION IN PLAY?
She also said the bill reinforces the perception that “only New York City matters to the powers-that-be in Albany.”
“For the state only to look at Western New York when there are four others (OTBs) really makes this smack of retaliation, it makes it smack of It makes it smacks of a power play. For an organization that is returning funds back to its member counties, it is throwing away years of guidance and leadership and business development at OTB and the Downs.”
Stein concluded by recalling something that Siebert said to her about the merging of Batavia Downs and WROTB.
“One thing that Mr. Siebert told me a long time ago was when the racetrack was approached by OTB to join together, they were very concerned about where their representation might go,” she said. “Well, today's the day it happened. And I can't respect the process that this went through. In my view, it is completely unfair and totally unnecessary.”
Tuesday’s passage of the New York State budget includes a provision that means it’s no longer business as usual for the Western Regional Off-Track Betting Corp.’s governing body.
Effective immediately, the new legislation – spearheaded by Democratic State Sen. Tim Kennedy of Buffalo – dismisses all 17 directors on the board and revamps the voting format to give more influence to municipalities with the most population.
It used to be that each of the 15 counties, along with the cities of Buffalo and Rochester, would have one vote; the bill’s new language calls for a weighted system ranging from 24 votes (Erie County) down to one vote (Wyoming, Orleans, Seneca and Schuyler counties).
Genesee, which has been represented by Richard Siebert for more than 29 years, now will get two votes.
While Kennedy reportedly is calling the measure “a big victory for the people of New York,” the WROTB board chair and local Republican are speaking out against it.
“We’re disappointed by the language included in the state budget,” said Board Chair Richard Bianchi in a statement issued last night. “It was negotiated in secret with no open discussion, debate, or input from our member counties. In the short term, we will remain focused on fulfilling the responsibilities to our partners in local government as we look to evaluate potential next steps.”
In his statement, Bianchi pointed to the record revenues achieved by the Batavia-based public benefit company that owns/operates Batavia Downs Gaming, harness horse racing track and The Hotel at Batavia Downs.
“Many in the hospitality industry never recovered from the COVID era. We not only grew but set new records for revenue, leading to the largest distribution of profits ever to member counties and cities,” he said. “That leadership came from the Board of Directors. We are proud we of the direction and leadership we provided during those historically difficult times.”
Bianchi pointed out that, in 2022, revenue from net wins increased by 14.5 percent – to $76 million.
“As a result, revenues distributed to member municipalities were at an all-time high. Additionally, Batavia Downs Gaming contributed $37.25 million to State Education via the New York State Lottery. This number was also a record, surpassing 2021’s number by $4.7 million,” he concluded.
The impetus to restructure the WROTB board came from a New York State Comptroller’s audit that found fault with the corporation’s use of tickets to sporting events (notably, Buffalo Bills and Buffalo Sabres) and concerts, and for President/CEO Henry Wojtaszek’s use of a company vehicle.
Wojtaszek, contacted this morning, said he did not wish to comment on the just-passed legislation.
The Batavian this morning reached out to Genesee County Legislature Chair Rochelle Stein and Republican Assemblyman Steven Hawley for comment. The legislature is responsible for making the director appointed to the WROTB board.
Hawley, along with Republican Congresswoman Claudia Tenney and Republican Sen. George Borrello, criticized Kennedy’s proposal last week. They all maintain that the change is politically motivated and "a power grab trying to diminish the influence of smaller, less populated counties."
Nothing like the smell of burnt shopping cart to go with your morning coffee.
That was just one of several teasers thrown online to pique viewers’ interest during these past four months of preparation for a surprise exhibit on the city’s east side.
Considering the involvement of artists, sponsoring businesses, with the lead being GO ART!, and Harvester Center LLC serving as host, this project has been kept under wraps fairly well.
That is until now, when founders Brian Kemp and Mary Jo Whitman decided it’s time to announce: Enter Through The Coffee Shop @ The Harve.
“So Brian came to me with this idea, he was like, ‘We should take over an industrial space and see what we can do.’ And you know, Brian always has a lot of ideas. And the next day, he said, can you meet me at the Harvester in 30 minutes? He showed me the room, and he's like, ‘You want to do it?’ I'm like, ‘All right. ‘And that's how it started,” Whitman said.
While that may sound like a rather calm beginning, it has been anything but ever since they temporarily claimed the 7,000-square-foot space at 56 Harvester Center in January.
Rectangular in shape, with long rows of windows for ample natural sunlight, it’s a space easily accessible through The Pub Coffee Hub, owned by Rob Credi.
Kemp and Whitman put the word out for artists, and the walls have been gradually bleeding color with brilliant murals and 3D sculptures, while the room's footprint has been carpeted with the shell of a red car, artwork and the makings of a bar area.
Is it an art exhibit? A gallery? A space for mingling and reflection while enjoying refreshments and listening to live music? Or perhaps a new avenue for artists to publicly expose their creations? Yes, yes, yes and most certainly, yes.
One other possibility, of course, is that it also brings people over to Harvester Center, which seems to be getting more buzz as a growing business center again.
The Harve’s debut will be with an opening reception from 5 to 11 p.m. June 3, and a VIP invitation-only event the evening before.
Step into the capacious room, and it’s hard not to notice the sweeping mural of a blonde-haired, vivid blue-eyed doll on one end wall that sits next to a take on the Cheshire cat in a vibrant purple atop red mushrooms in a dazzling, eye-catching still vignette. And all of it was painted by Dan Butler in an astounding four days.
Across the room in a corner is Kemp’s studio, filled with various materials and about 20 works already done.
“It’s been cool having this much space,” he said. “I have 10 more things I’m working on.”
On one wall is Whitman’s sculpture-in-progress. It seems fitting, given a prior disclosure, that she often leans toward darker works of art.
A big black puff of clouds stretched along toward the top of the wall, with two people dressed in black below, and one of them with a shopping cart — painted black — against the wall. It actually rains, and the clouds have lightning, she said.
From those early moments of walking into such an expansive space, she and Kemp didn't really fumble with ideas of what to do or how to go about bringing their collective visions to life, they said.
“It’s absolutely amazing how everything has just fallen into place. Rob’s extending his hours when we’re open Fridays and Saturdays in June,” Whitman said. “We just started asking questions. There was a BBC documentary, ‘Exit Through the Gift Shop,’ so it’s a parody of that, ‘Enter Through The Coffee Shop.'
“It was just perfect clarity based on ‘Exit Through The Gift Shop,’ but kind of an opposite message that you know, instead of commodifying the arts let’s bring the arts to people to help support local business,” she said.
There will be two cars in the show, and they will hopefully be in the demolition derby in July, Kemp said. Having wheels helps with their other vision for the main floor, which brings together street art, graffiti and murals.
“We’re literally going to have the place kind of like a street, we're gonna have little elements of this street scene. Like we're trying to make it look like a street … traffic cones, construction cones, the cars,” he said. “You can just come in and walk around. You can grab a seat. Rob … will be open, so you can grab a coffee or a sandwich. We're hoping to have some alcohol available.”
There are a couple of comfy couches there right now for seating, and tables and chairs will be moved from The Pub Coffee Hub for exhibit patrons, he said. They have booked four acts for live music already, with the potential for more.
They’ve worked with about 10 artists, Credi and Jarrod Clark, who manages Harvester Center LLC. Go HERE to stay up-to-date on details.
Photos of Brian Kemp, an artist and owner of T-Shirts Etc. in Batavia, and Mary Jo Whitman, an artist who works at GO ART! in Batavia, at The Harve at 56 Harvester Ave., Batavia, by Howard Owens.
Statement from Assemblyman Steve Hawley:
“Our state budget has finally passed, only a month later than it should have. Not only were there numerous empty seats on the side of the Majority as we trudged through the debate and voting process, but this budget is prepared to spend $229 billion worth of taxpayer dollars. That’s double the budget of Florida and Texas, despite New York having fewer residents than either of those states. Spending indiscriminately and passing the costs over to taxpayers almost unilaterally is not the way to attract or retain people or business to this state, and I fear it will continue the downward trend of New York’s economic strength.”
Statement from State Sen. George Borrello:
“New Yorkers have heard repeatedly over this last month that ‘the right budget is more important than an
on-time budget.’“Yet, the sad truth is all the extra time did not produce ‘the right budget.’ It produced another bad budget that, once again, ignores New Yorkers’ top concerns – affordability and public safety – and spends us into a fiscal death spiral. At $229 billion, this budget means we will be spending $627 million in taxpayer dollars every single day.
“Government watchdogs have decried the reckless spending which will explode next year’s projected budget gap and set us up for a long-term structural deficit of over $15 billion. New Yorkers, who already pay the highest taxes in the nation, will not find any relief in this budget and may very well see increases in the not-too-distant future because of the excessive spending. Property taxpayers are also at risk of higher taxes in the next few years as the state begins withholding federal Medicaid funds that were designed to help counties with these costs.
“Throughout the process, the narrative we’ve heard is that the governor was fighting for changes to the bail law to strengthen public safety. Many people had high hopes that we would finally get a significant tightening of the disastrous changes that have transformed our criminal justice system into a dangerous revolving door. Disappointingly, the promised changes are nothing but a shell game that will do nothing to reverse the tide of rising crime. Ninety percent of crimes are still not eligible for bail. Judges still do not have the discretion they need to hold dangerous individuals, despite the rewording of the ‘least restrictive’ standard.
“With a budget process conducted behind closed doors, it is easy to slide in controversial items in the last minute to prevent opposition from having time to organize. We saw that happen with the addition of a provision to dismantle the existing board and governance structure of the Western Regional OTB. This blatant power grab will undermine the voices of the rural counties that are part of the OTB board and put at risk the successful operation of Batavia Downs, the only profitable Western Regional OTB location.
“While elected officials love to proclaim their support for small businesses, ‘actions speak louder than words,’ as they say. Small businesses’ requests for the state to help pay down the crushing COVID-era unemployment insurance debt that was unfairly dumped in their laps were ignored once again. Adding insult to injury, small businesses, farms and employers of every size will have to find a way to finance the higher minimum wage mandates in this budget, even as the last increase is less than six months old.
“There were a few positive outcomes worth noting. The advocacy of myself and my colleagues was effective in removing the Executive Budget’s harmful housing mandates that would have steamrolled over localities’ home rule rights with regard to zoning and right sizing communities.
“It is also encouraging that the fierce opposition of myself and the members of our Conference on the governor’s all-electric mandates helped remove her proposed requirements on existing homes from this budget. However, the mandates for new construction remain and are set to begin in 2025, which will have a devastating impact on the construction sector and related industries. That is just one of many fights that remain on this critically important issue.
“New Yorkers deserve ‘the right budget’ and an on-time budget. This year, they received neither.”
Since United Memorial Medical Center has partnered with Healogics, an industry leader in wound care, it has cared for 9,000 patients and 40,000 wounds in the last seven years alone, with "highly skilled and trained staff” leading the hospital’s Wound Care and Hyperbaric Center as the recipient of two awards for its treatment achievements this week, Healogics Director of Operations Toni McCutcheon said Tuesday at the North Street facility.
“There are 65 collective years of experience in this wound care center, which is amazing. They provide exceptional wound care within the community. And since the center's opening, they have encountered nearly 40,000 wounds. It's amazing. It's amazing what the center does, it is reasonable to expect this center to have exceptional care and amazing healing outcomes,” she said. “So with that, the first award I'm going to present is an award for Clinical Excellence. This award is achieved by clinics that are in the top 10 percent of the wound meats adjusted comprehensive heal rate. The center is compared against over 600 other centers within the country that achieved top 10 percent.”
She added that, having visited the center, it’s an obvious team effort, and “these patients are well cared for and their wounds are healed and that's important to get them back their quality of life.”
This is a first for the Clinical Excellence Award, and a seventh time to be named Center of Distinction.
Dan Ireland, CEO of UMMC, spoke on behalf of hospital leadership and the board to congratulate the team and tell them, “we can’t be more proud of what this team has accomplished for the seventh time.”
“I can reflect on years ago when we first opened the center, we were all excited to have hyperbaric machines like that was the really cool thing to have. And we would show them off, but it quickly went beyond the fact of the equipment that we have, but to this great culture of a care team that we have here,” he said. “And it can't go without noticing it is all types of providers that play a role in here. You know from from Dr. Canzoneri and his provider team, to our PAs to our LPNs to our nurses to our support staff. They collectively work together to make sure that care is provided to the highest level and to be able to receive an award like this with such high score.”
One his Dr. Joseph Canzoneri’s “special patients,” Cherry Carl, shared her story of needing help for a hematoma that was ‘huge, painful” and could not be treated by her primary care physician. So she researched it and found UMMC’s Wound Care Center.
She drove two hours round-trip, and Dr. Canzoneri agreed to help. He explained what he was doing step-by-step and treated cut out the hematoma so that she could heal.
"No matter who you are, no matter where you are in your life's journey, you're welcome here. And no wound I think, is too small in this place. And then he exudes confidence. And he made sure that I knew what I had to do when I went home,” she said. “That meant weeks of coming here once a week, so he could scrape and scrape, and then it healed, but I if I hadn't come … because the wound was infected with Mersa an E. Coli. And if I had ignored it, I don't know.”
Canzoneri said that 50 million people globally suffer from foot and leg ulcerations each year, and the average healing time in most cases is over a year. That puts patients at high risk for amputations, death and other comorbidities, he said.
“Studies have proven and shown that basically, this team approach that we have here, especially at UMMC, helps reduce these comorbidities and mortality by 9 percent. Now, our job at UMMC wound care is not just to heal the patient, but it's to heal the patient as fast as we can and prevent the reoccurrence,” he said. “Our team approaches and uniqueness at UMMC help us further utilize our well-trained nurses, our dieticians, hospitals, physicians, infectious disease team vascular specialists, podiatry, orthopedics, nephrology, endocrinology or cardiology consultants, radiology, physical therapy, orthotics, home nursing care, and I'm sure a few others I forgot to mention.
"This ability to coordinate quickly and effectively is what the patient needs in our Wound Care Center is what really makes us and helps us achieve that seven-year center of distinction,” he said.
Top Photo: Toni McCutcheon, director of operations for Healogics, left, presents an Award of Clinical Excellence to United Memorial Medical Center's Wound Care and Hyperbaric Center, led by Dr. Joseph Canzoneri, far right, Tuesday at the Batavia facility; team members celebrate their seventh Center of Distinction Award, also presented during the event; and a special patient shares her story with event participants. Bottom photo, a poem written by Cherry Carl for Dr. Joseph Canzoneri. Photos by Howard Owens.
Press Release:
Due to weather, the paving project in the Save-A-Lot parking lot has been postponed to the following schedule:
Friday, May 5
- Overnight parking (tenant) area closed for paving operations
Monday, May 8
- Overnight parking (tenant) area closed for striping of lot
Tuesday, May 9
- Paving west side of entire lot
Wednesday, May 10
- Paving east side of entire lot
Vehicles that are using permitted parking are asked to temporarily use the City lot off of School Street or any other permitted parking areas in City owned lots.
Thank you for your cooperation.
Photo of parking lot next to Save-a-Lot in downtown Batavia by Howard Owens.
Press Release:
The Genesee County Economic Development Center (GCEDC) board of directors will consider an initial resolution for LNK Holdings Inc.’s acquisition and expansion of an agribusiness manufacturing facility in Bergen at its board meeting on Thursday.
The proposed $1.645 million project enables Craft Cannery to expand operations at Apple Tree Acres by adding 4,000 sq. ft. to its existing 5,000 sq. ft. facility. The USDA-certified contract manufacturer provides dozens of customers with the capacity to ramp production of sauces, dressings, marinades and other foods, produce small-batch foods, and pilot unique recipes for commercialization.
LNK Holdings Inc. plans to create four additional full-time equivalent (FTE) jobs and retain six FTE as part of the expansion. The project follows Craft Cannery’s victory in the 2022 Grow-NY Global Food and Agribusiness Competition, which awarded the company’s planned expansion a $500,000 prize.
The company has requested the GCEDC transfer the existing facility’s payment in lieu of taxes (PILOT) agreement, and PILOT, sales, and mortgage tax exemptions valued at $70,413 to support the acquisition and expansion. The proposed incentives for the additional 4,000 sq. ft. are estimated to return $3.06 million in projected wages and municipal revenues for a $64.1 economic impact for every $1 of requested incentives.
Press Release:
Congresswoman Claudia Tenney (NY-24), co-chair of the House Election Integrity Caucus today introduced the Promoting Free and Fair Elections Act to defund President Biden’s overreaching executive order that threatens the safety and security of American elections. This legislation ensures American elections are transparent by prohibiting federal agencies from engaging in partisan voter operations at taxpayer expense.
Reps. Bill Posey (R-FL), Randy Weber (R-TX), and Andrew Clyde (R-GA) co-sponsored the House version of this bill, while the Senate version was introduced by Senator Tedd Budd (R-NC).
Specifically, this bill would prohibit actions ordered under President Biden’s Executive Order (EO) 14019 from being initiated by federal agencies. This would prevent federal agencies from entering into agreements with non-governmental organizations (NGOs) to use their power, influence, resources, and federal funding to conduct voter registration and other mobilization activities. America’s civil service should be non-partisan and federal agencies should not be using taxpayer funds to actively engage in partisan Get Out The Vote operations that have nothing to do with their core missions.
“President Biden’s EO 14019 allows the federal government to use its power and your taxpayer dollars to influence our elections,” said Congresswoman Tenney. “The Promoting Free and Fair Elections Act ensures that federal agencies remain non-partisan and are not engaging in partisan voter registration and mobilization efforts on the taxpayer dime. As the Election Integrity Caucus co-chair, it is my privilege to introduce this legislation to restore transparency and confidence in our democratic process, while keeping federal bureaucrats and the swamp from deliberately tipping the balance of our elections.”
The legislation prohibits the use of federal funding to carry out activities directed under EO 14019, including:
- Soliciting or entering into an agreement with a third-party group to conduct voter registration or voter mobilization activities on federal property anywhere in the country, or on any federal agency website;
- Implementing strategic plans to carry out activities directed under EO 14019 until at least 180 days after submitting to Congress a copy of the plan, unless those activities are required under federal law; and
- Engaging in any voter registration activities outlined in Section 7 of the National Voter Registration Act (NVRA), until at least 180 days after providing Congress a copy of the agencies’ strategic plan to do so under EO 14019, or in the case of those agencies that did not create a strategic plan under EO 14019, only after they have certified to Congress that no such plan exists.
Tenney is the founder and co-chair of the House Election Integrity Caucus in Congress. With more than 60 members, the Caucus is dedicated to preserving the sanctity of our elections and boosting confidence in the democratic process.
The full text of the bill is available here.
Press Release:
The Genesee County Retired Educators (GCREA/RENY) will hold its spring meeting and luncheon on Wednesday, May 17 at noon at the Byron Presbyterian church.
The speaker will be Ricky Palermo, who will bring members information about the Ricky Palermo Foundation for Spinal Cord injury Research. A collection will be taken to benefit the foundation.
For information or reservations call 343-7346. If a member did not receive a newsletter, he or she may call 278-8558 to get one.
File photo by Howard Owens. Ricky Palermo in 2019 at one of his annual soccer clinics.
Jason W. Whitehead, 25, of Bank Street, Batavia, is charged with criminal possession of a controlled substance 7th, possession of a narcotic with the intent to sell, harassment 2nd, resisting arrest and use of drug paraphernalia 2nd. Batavia patrol officers located Whitehead, who had an active warrant for his arrest, walking on Bank Street on April 16. Whitehead allegedly fled on foot when officers attempted to arrest him. A private citizen assisted Officer John Gombos and Sgt. Christopher Lindsay in stopping Whitehead. The officer took Whitehead into custody. Whitehead was allegedly found to be in possession of a quantity of drugs and drug paraphernalia. Whitehead was arraigned in City Court and remanded to the Genesee County Jail on no bail.
Cassandra F. Smith, 37, of Manhattan Ave., Batavia, is charged with two counts of petit larceny. Smith is accused of stealing various items from a yard on Manhattan Avenue on April 8. Smith was released on an appearance ticket. On April 12, she was charged with criminal trespass 2nd. She is accused of entering and remaining unlawfully in an apartment on Washington Avenue, where she left a note for a resident to find when the person came home. She was arraigned in Centralized Arraignment Court and released. She was charged with criminal mischief 4th on April 12. She is accused of spray-painting an apartment door, doorbell camera, and van in the driveway of a residence on Washington Avenue. She was arraigned in Centralized Arraignment Court, and her release status is unknown.
Joseph C. Jeffords, 32, of Chestnut Street, Batavia, was arrested on two bench warrants issued by City Court. Jeffords is accused of failure to appear on two prior appearance tickets, one for alleged unauthorized use of a motor vehicle on Jan. 23, and the second for alleged criminal possession of a controlled substance 7th on Feb. 6. He was arraigned in Centralized Arraignment Court, and his release status is unknown. Jeffords was also arrested on April 9 and charged with two counts of criminal possession of a controlled substance 3rd. Jeffords was allegedly in possession of various narcotic drugs upon being arrested on multiple warrants. Jeffords was arraigned in City Court and custody remanded to the Genesee County Jail in lieu of bail.
Salvatore Dellapenna, 54, of Vine Street, Batavia, is charged with criminal mischief. Dellapenna is accused of damaging a neighbor's front door by kicking it in on April 8. He was issued an appearance ticket.
Patricia M. Anderson, 38, of Buell Street, Batavia, is charged with petit larceny, operating a motor vehicle while the registration is suspended, and aggravated unlicensed operation of a motor vehicle third. Anderson is accused of filling a shopping cart with $139 in merchandise and leaving the business on East Main Street, Batavia, without paying. During the investigation, it was allegedly found that Anderson operated a motor vehicle with a suspended registration while her license was suspended. Anderson was released with an appearance ticket.
Modesto O. Cardenas, 29, of Pearl Street, Batavia, is charged with harassment in the second degree. Cardenas was arrested by Officer John Gombos following an investigation into a disturbance on April 1. He was arraigned in Centralized Arraignment Court, and his release status is unknown.
Linda L. Snyder, 40, of Creek Road, Batavia, was arrested for bench warrants issued by City Court and charged with bail jumping in the third degree. On April 5, Officer Peter Post arrested Snyder on bench warrants issued by City Court for harassment, criminal mischief, and animal cruelty charges. Additionally, Snyder was charged with bail jumping 3rd because she failed to appear in court as directed after being released on her own recognizance from a criminal proceeding. Snyder was arraigned in City Court and custody remanded to the Genesee County Jail in lieu of $1,000 cash bail.
Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with two counts of burglary 3rd, two counts of criminal mischief 4th and petit larceny. Culver is accused of breaking into a local restaurant on Ellicott Street on April 14. He is accused of breaking into another restaurant in the mall on April 16 and stealing money from the register. His release status is unknown.
Lori A. Wittkopp, 61, of Spencer Court, Batavia, is charged with DWI and driving with a BAC of .18% or greater. On April 14, Officer John Gombos stopped Wittkopp following a complaint that Wittkopp was driving while intoxicated. Wittkopp was issued appearance tickets.
Kendra Q. Thomas, 35, of Dellinger Avenue, Batavia, is charged with harassment 2nd and endangering the welfare of a child. Thomas is accused of a physical altercation with a juvenile on April 15. Thomas was issued an appearance ticket.
Luis J. Santiago Arroyo, 34, of Buell Street, Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. Arroyo is accused of being involved in a physical incident during a custody exchange on April 23. Arroyo is accused of striking another person, unprovoked, who was covered by an order of protection while she was holding a child. Police say a Ring camera captured video of the incident. Arroyo was held in the Genesee County Jail pending arraignment. Release status unknown.
Aaron T. Hendershot, 26, of Ellsworth Avenue, Batavia, is charged with criminal contempt 2nd and aggravated family offense. Hendershot allegedly violated an order of protection on April 20 by calling, messaging, and writing letters to the protected party. He was additionally charged with aggravated family offense as he has been convicted of a specified offense within the immediately preceding 5 years, Feb. 6, 2023. Hendershot was arraigned in City Court and custody remanded to the Genesee County Jail without bail.
Alisha A. Soule, 26, of Route 237, Le Roy, is charged with harassment 2nd and criminal mischief 4th. Police responded to a reported disturbance on April 26. Soule is accused of kicking in a door to gain entry to a house and then striking one person while attempting to get to another person. Soule was arraigned in City Court and released.
Pamela L. Dickinson, 60, of Roosevelt Avenue, Batavia, is charged with DWI, failure to comply, speeding, and failure to yield to an emergency vehicle. At about 6:30 a.m. on April 24, Officer Joseph Weglarski reported observing a vehicle speeding on Pearl Street. The driver allegedly failed to stop until being blocked by patrols at the intersection of Washington Avenue and Bank Street in Batavia. Dickinson was released on traffic tickets.
Shelby L. Fryer, 27, of Prune Street, Batavia, is charged with criminal impersonation. Officer John Gombos stopped a vehicle reportedly driven by Fryer on April 22. She allegedly gave a false name to the officer in an attempt to avoid an arrest on a warrant. She was arrest on a warrant for alleged failure to appear. She was arraigned. Her release status is unknown.
Haley M. Larnder, 23, of North Street, Batavia, was arrested on a City Court arrest warrant. Officer Andrew Mruczek located Larnder on April 21 and took her into custody on a warrant. Larnder was originally arrested on March 19 on a charge of criminal possession of a controlled substance 7th and issued an appearance ticket. Larnder was arraigned in City Court and released on her own recognizance.
Jacqulyn A. Dueppengieser, 39, on Page Road, Perry, is charged with petit larceny. Dueppengieser is accused of stealing from a business on East Main Street on April 20. She was issued an appearance ticket.
Natasha J. Durney, 29, of Hutchins Place, Batavia, is charged with nine counts of harboring an unlicensed dog. On April 21, Officer Stephen Quider responded to a report on Hutchins Street of dogs fighting on Hutchins Place. During the fight, a person was reportedly bitten. Durney is accused of owning nine unlicensed dogs. Durney was issued an appearance ticket.
Jessica Hernandez, 35, of Summit Street, Batavia, was arrested as a fugitive from justice. Police officers executed an arrest warrant on April 22 after being contacted by the Volusia County Sheriff's Office in Florida. The police department was informed that Volusia County had a warrant for Hernandez on the charge of aggravated assault with a deadly weapon. Hernandez was processed, arraigned in Centralized Arraignment Part Court and held at the Genesee County Jail to await extradition to Volusia County, Florida.
David A. Kendall, 50, of Bank Street, Batavia, is charged with criminal contempt 2nd. Kendall is accused of violating a stay-away order of protection on April 23. He was issued an appearance ticket.
Adam M. Zastrocky, 38, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, driving left of pavement markings in no passing zone, and refusal to take breath test. Zastrocky was arrested by Sgt. Jason Saile following an investigation into a motor vehicle accident reported at 10 p.m. on April 20 on Cockram Road, Byron.
Joseph Earnest Marr, 44, of Nesbitt Road, Batavia, is charged with grand larceny 4th. Marr is accused of stealing a phone while at Batavia Downs. He was processed at the Genesee County Jail and released.
Nathan Paul Crawford, 27, of Federal Drive, Batavia, is charged with two counts of petit larceny. Crawford is accused of shoplifting from 48 Deli Express at 5:04 p.m. on April 15. He was issued an appearance ticket. He is also accused of shoplifting from Kohls at 11:05 a.m. on April 19. He was issued an appearance ticket.
Heather Nicole Derooy, 33, of Keith Terrace, Chili, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and improper plates. Derooy was stopped at 8:26 p.m. on April 8 on Clinton Street Road, Bergen, by Deputy Nicholas Chamoun and Deputy Kenneth Quackenbush. She was allegedly found in possession of methamphetamine. Derooy was released on an appearance ticket.
Robert E. Sacher, 53, of Kibbe Avenue, Batavia, is charged with DWI. Sacher was stopped at 3:11 p.m. on April 13 on Veterans Memorial Drive by Deputy Jonathan Dimming. Sacher was issued traffic tickets and released.
Jeenathan Rodeny Williams, 63, of Hazelwood Terrace, Rochester, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, side wings/side windows non-transparent, and plates covered by glass or plastic. Williams was stopped at 6:56 p.m. on April 25 on Byron Elba Road, Byron, by Deputy Zachary Hoy and issued an appearance ticket.
Scott Aaron Muntz, 25, of Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Muntz was stopped at 12:15 a.m. on April 16 on Knowlesville Road, Alabama, by Deputy Jonathan Dimming. He was issued traffic tickets.
Madison McKenzie, 18, of Creek Road, Batavia, is charged with endangering the welfare of a child. McKenzie is accused of giving a letter to a child under age 17 that contained sexual content. McKenzie was arraigned and released.
Michelle Dawn Grover, 38, of Olean Road, South Wales, is charged with petit larceny. Grover is accused of shoplifting from Dollar General in Pavilion at 10 a.m. on March 5. Grover was issued an appearance ticket.
Sometimes fundraisers help to augment a nonprofit’s goals and projects, but that’s not quite the case for Batavia Players, Patrick Burk says.
Main St. 56 Theater, an ambitious downtown symbol of the arts in all their dramatic glory — up on a stage featuring the community’s own — is dependent on the funds raised during a final push for donations.
Titled “Be Our Guest,” the campaign is designed to offer folks an opportunity to give what they can — a little or a lot, Burk said. There was a kick-off at the theater-in-progress in late April, and Broadway actor John Bolton was a featured “Be Our Guest.”
“John is wonderful and so dedicated to keeping and maintaining the Batavia Players and the Main St. 56 Theater as a top notch performance space,” Burk said. “He was very gracious and giving to the actors and volunteers and provided some wonderful insights on the profession. We thoroughly enjoyed having him here to help shine a light on our needs and the project in total.”
The project has received grant funding, however, due to COVID — yes everyone is tired of hearing about it, but the lasting effects are nonetheless real — prices of everything have gone up, Burk said. Delays, increased labor and raw material costs, have added to the total expense.
This fundraiser is for the purchase of new seating, and lighting and sound upgrades to provide a state-of-the-art facility “that is comfortable and inviting for our audiences,” the campaign material states.
“We need to raise these funds in order to complete the theater,” he said. “It’s that simple."
When might we expect to see a show at there?
That depends on who you talk to, he said. The theater is about 80 percent complete.
“Our ability to move forward is directly attached to the 'Be Our Guest' campaign. I have no idea. I have been telling myself that it will be sometime after Sept. 1 of this year. Maybe the Christmas show in December,” Burk said. “Again, all of this depends on when we can raise the funds as well as get the work done. We are looking for volunteers for a multi-day work session that will be announced soon.”
During a recent interview with Bolton, he spoke fondly of community theater and how it belongs in every city, including Batavia.
What’s a community without live theater?
“A community without theater (or any of the arts for that matter) loses so much. The arts of a community are a distinct part of that community. It would be like losing your favorite or most known landmark. Community theaters are an outlet for those that want to perform and do not have the resources or the ability to go far from home to achieve that,” Burk said. “They are spaces that help talent develop and as we have seen from the past, we do develop great talent here that goes on to bigger and better things. We have past participants of the Batavia Players performing on Broadway, being on national tours and starring on the stage and screen. John Bolton is a great example of those that got exposed to the profession locally and then went on to perform professionally all over the United States.
“The Batavia Players have been in existence for close to 93 years. When you look back at all that they have accomplished and all the people that we have touched and worked with it is amazing,” Burk said. “I feel that we are a great reflection of our community and the area in general and that we provide an excellence in the performing arts area with talented veterans and new people on a regular basis.”
Donations of certain levels will be placed on an engraved plaque in the theater lobby area. The goal is to raise $150,000. Make checks payable to Batavia Players Inc., P.O. Box 256, Batavia, NY, 14021-0256. For more information, email burk.patrick1956@gmail.com.
Photo of Main St. 56 Theater by Howard Owens.
Erik Fix was president of the Genesee County Chamber for 15 months before he filled the role of assistant city manager in July 2022. He joked that his kids ask him all the time, “When will you get your next job?” even though he's enjoying his current gig and has no plans to leave any time soon, he said.
He says that he likes a challenge, and now, at just two months shy of his one-year anniversary with the City of Batavia, Fix sat down with The Batavian to review his latest responsibilities and perspectives as a city official.
Do you feel settled in at this point, or are you still learning the ropes?
“I don't know that I'll ever feel settled in. And I'm sure I will always learn, there's just so much to do and learn in this position. But I do feel like I can start to add value in places. Whereas the first, four or five months, it was just, running around, trying to learn everything and get a grasp on things,” Fix said. “And now I feel like I have a good base now … where I can use my skill set to actually add value. There's obviously still areas that I have no idea about, or a small amount of knowledge of, but I do feel like when somebody mentions something, I know what they're talking about now. So that's good.”
Was it easier or more difficult to go from the county scope of a chamber to your particular tasks for the city?
"That hasn't really been the biggest challenge. It's actually, from that standpoint, it's a little bit easier to be able to focus on tasks and get them accomplished. I was only at the Chamber for a short period of time, but when you're there, you're looking at the overall viewpoint of the entire county and all the expenses. So if you're talking about doing something, you’ve got to think about how is this going to affect each individual village and town, as well as the city,” he said. “And here you can narrow the focus a little bit more, focus on, you know, our little neck of the woods. Obviously, we have to continue to collaborate with the county and with different entities, but you're able to kind of streamline that, the difference is the workload.
"And the capacity that we deal with here at the city is much greater than what we're dealing with as a chamber … supporting all the businesses in the community to having a full-time fire department and full-time police department, DPW, the whole nine yards," he said. "Just the grand scale of what it is to run a city is much larger than what we're dealing with the mission of the chamber.”
Why did you want this job?
“The challenge. I saw it as an opportunity to just really get my hands dirty and become a part of something and see my work pay off in a lot of different ways. If you were to ask me two years ago, if I found myself in a municipality working, I'm like, no, what are you talking about? It's crazy. But I really feel like it's been a blessing, and it's actually turned out better than I thought, even after I thought it was gonna be a really good opportunity,” he said. “It meshes well with my skill set, it meshes well with the fact that it's constantly active and keeps me busy and keeps my mind working … it’s just been really good. I'm really pleased with the move.”
During City Council budget talks, it seemed to be a running joke to “blame Erik” for increased communications costs due to a new phone system. That’s because it was one of the items on his to-do list as assistant manager.
The current phone service had become outdated, and the city had no one able to service the phone system anymore, he said. If something had happened to a phone or to the system in general, “we were kind of out of luck,” he said.
“So it's very important that we went through that process and got a new phone system, which also came with new phones, and we got that project moving. So when I got here, we were just in the process of going out to RFP, and getting proposals in for that,” he said.
He talked in detail about what that actually meant to get it up and running. There was the actual installation and building the system from scratch — if you call and get a voicemail, where will that go? Who will answer? Who needs this type of extension versus another type of extension?
All totaled, it was “150 some odd numbers we had to deal with,” he said. And there’s the reason for “blame Erik.”
“So it was a very expensive process that we went through. And then the other one is just going to be starting up next week, which, again, was maybe 25 to 30 percent started when I got here, but that's our online billing system for water bills. So that is how to work with our existing systems that we have, as well as the bank system," he said. "And this month’s bill in May will be the first time that folks will have the ability to go online to pay their water bills, which will be a huge benefit to not only our residents, but it's a huge benefit to our clerk's department, because hopefully, it helps alleviate a lot of what they're doing on a day-to-day basis, and making it easier for folks to take care of that.”
He brought in “a little bit of analysis” experience in regards to an online bill pay system from having worked at M&T Bank, Fix said.
“But it was mostly just project managing and ensuring that deadlines are being met and things were happening along the way that needed to get done. We were just wrapping up our software system launch, which there's still some bits and pieces of that that we'll be doing probably for the next year, year and a half until that's totally 100 percent on board," he said. "So learning that whole system, things like that took a lot of my time. I will tell you, I am not an IT person. I'm not an IT expert. But again, just utilizing the ability to project manage and things like that. It's been nice.
"And obviously we have folks here, Rachael included ... she was assistant manager, she was a great resource to help me get through that stuff. So that's a large portion of what we're doing," he said.
The list goes on, from a housing initiative to shore up an old housing stock in the city to reinvigorate neighborhoods. Fix, 51, wanted to get his hands dirty, and he'll have plenty to dig into.
"We've got new projects coming up, we've got new projects we want to see happen in the future. We want to start developing programs for people that want to renovate. And that's what the home fund is going to help us do is provide funding for those types of things," he said. "So it's a very large, encompassing project that we're trying to figure out right now. We have a housing group that meets on a monthly basis, and we're starting to prioritize where we start first, and what's the first step to really get this off the ground. And so that's going to be a significant part of the next probably three to five years to really get to where we want it."
Another of his responsibilities is to lead the City Centre entryway project, which was sent back to the drawing board for new estimates after previous ones came in above budget. There are four entryways, and a primary goal is to remove the silos, which leak, and then replace them with something that is “aesthetically pleasing and effective,” Fix said.
He believes that the project is back on track and is hoping for estimates to come back closer to what city officials had wanted.
Erik, what do you think about this job? How are you feeling as far as your longevity here?
"I'm not going to say it’s my last up because I said that at the Chamber. But I enjoy this position a lot. We've got a great staff. I've got a great group of people around me that are supportive and helping me to learn,” he said. “I feel like there's something to learn every day. And it's just a constant challenge."
Fix lives in Le Roy with his wife, Susan, and they have three sons, Brady, Jackson and Carter. Le Roy is a great community, and the school district is fantastic, Erik said, but Batavia has been and is his hometown.
As for the city, he wants to see it continue to grow into "a walkable, approachable, thriving downtown area."
"We've got a lot of momentum," he said.
According to a recently filed lawsuit, four Pembroke residents lived in the same home on Scribner Road, but it fell into a sinkhole, allegedly due to activities at the nearby Akron Quarry.
Those people — Gene and Tracy Nati, as well as Daniel and Brittany Hill — had no choice but to abandon their house. They recently filed a lawsuit against the Town of Pembroke and Erie and Genesee counties. The four said those town and county leaders committed negligence. The Hills and the Natis want more than $1 million in damages.
The lawsuit said those local leaders oversaw the quarry and expanded the scope and frequency of its operations, “including the drawdown of groundwater and blasting,” even knowing they could damage private properties.
“On August 7, 2022, claimants heard cracking and popping sounds at approximately 6:30 a.m. Claimants then noticed the windows and doors in their home would not open or shut properly. They discovered cracking in their land, driveway, and foundation, and they observed that the home appeared to be sinking into the earth,” according to their lawsuit.
“Accordingly, claimants notified the authorities, and the Town of Pembroke condemned the home as unfit for occupancy. It is no longer safe for residential purposes. As a result of the towns' and/or counties' negligence and reckless conduct in permitting the expansion and continuation of the quarry's activities, the whole or in part, a direct and proximate result of the negligent and reckless acts of the towns, counties, their agents, and/or employees.”
The four Pembroke residents said their property suffered severely reduced property values and other damages that they believe exceed $1 million.
Buffalo attorneys Thomas D. Lyons and Charles C. Ritter, Jr. represent the four Pembroke residents.
Pembroke Town Board members discussed the lawsuit at last Thursday’s regularly scheduled board meeting — but only behind closed doors.
“Due to pending litigation, no further discussion will be held in open forum,” the meeting’s minutes read.
The Batavian’s attempts on Monday to contact Pembroke officials about the lawsuit were unsuccessful.
Photos: File photos by Alecia Kaus/Video News Service.
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