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Annual HFH yard sale begins on Friday in Batavia

By Joanne Beck
Habitat yard sale

Due to Saturday's poor weather forecast, the annual Habitat for Humanity yard sale will begin a day early this year, organizer Angelina Pellegrino says. Shopping is set to begin at 10 a.m. Friday at 150 State St., Batavia, and continue through the weekend. 

Proceeds go to Habitat for Humanity of Genesee County.

File photo by Howard Owens.

Firefighter seminar draws more than 50 people this week

By Press Release

Press Release:

On May 15 a Public Employee Safety & Health Bureau (PESH) Firefighter Seminar: Myth vs. Fact was held at Genesee Community College.

Jennifer Puerner of the NYS Public Employee Safety & Health Bureau spoke about training requirements, standards, mandates, record & retention, PPE requirements, bailout system requirements and other rules and regulations. The purpose of the seminar was to differentiate between myths vs. facts.

Fifty-six participants from 17 agencies participated in this seminar.

ALABAMA

  • Anthony Mudrzynski
  • Henry Mudrzynski
  • Michelle Patnode
  • Gary L. Patnode
  • Rick Brunea

BARRE

  • Jesse Babcock
  • Douglas Bentley
  • Gerald Bentley
  • Gary Rowley

CITY OF BATAVIA

  • Robert Fix
  • Zechariah Gowanlock
  • Daniel Herberger
  • Dan Huggins

TOWN OF BATAVIA

  • Brian Bentley
  • Paul Dibble
  • Clayton Gorski
  • Robert Hunt

BERGEN

  • Kevin Bruton Sr.
  • Paul Cummings
  • Don Cunningham
  • Joseph MacConnell
  • Robert MacConnell
  • James Pascarella

BETHANY

  • Deb Donnelly
  • Jeff Fluker
  • Carl Hyde
  • Gail Smith

BYRON

  • Paul Carr
  • Brandon Crossett
  • John Durand
  • Robert Mruczek
  • Cory Russell
  • Edward Sharp
  • Robert Wasinger

CORFU

  • Dean Eck
  • Gregory S. Lang
  • Matt Lenhard
  • Justin Rodland
  • Daniel Smith

EAST PEMBROKE

  • Charles Chatley
  • Andrew Martin

ELBA

  • Nick Esten
  • Michael Heale
  • Nathan Tabor

GC OEM

  • Tyler Lang
  • Gary P. Patnode
  • Tim Yaeger
  • INDIAN FALLS
  • LuAnne Mileham

LEROY

  • Fay Fuerch
  • Craig Johnson
  • MURRAY JOINT FIRE DISTRICT
  • Jeff Elsenheimer

PEMBROKE

  • Kevin Ross
  • STAFFORD
  • Brian Breemes
  • Kari Breemes
  • Tim Eckdahl

UNKOWN

  • Jacob Schultz

Joining the fire/EMS service not only provides you the opportunity to make an invaluable contribution to your community but allows you to develop (free) professional skills, and form lifelong friendships and positive relationships. Visit your local fire department to find out more about volunteer opportunities in your community.

Tenney votes for law enforcement bills to mark National Police Week

By Press Release

Press Release:

Congresswoman Claudia Tenney (NY-24) this week voted for four pieces of legislation focused on supporting law enforcement officers during National Police Week, which runs from May 14 to 20.

Tenney kicked off National Police Week last week with a wreath-laying ceremony at the National Law Enforcement Memorial, where she laid a wreath to honor Rochester police officer Anthony Mazurkiewicz. Officer Mazurkiewicz, who was raised in Livingston County, was tragically killed in the line of duty in 2022.

The legislation passed this week by the House of Representatives includes:

H.Res. 363, a resolution honoring law enforcement officers killed in the line of duty. In particular, the resolution commemorates 224 officers that were killed in 2022, as well as 332 officers killed in previous years whose stories were recovered in 2022. This list of officers listed in the resolution included Anthony Patrick Mazurkiewicz, a Rochester police officer who was killed in the line of duty on July 21, 2022. This resolution passed the House by a vote of 413-2.

H.R. 3091, the Federal Law Enforcement Officer Service Weapon Purchase Act. This bill allows current federal law enforcement officers in good standing to purchase their retired service weapon at market value from a federal agency. Currently, these firearms are salvaged when they are retired, costing taxpayers millions of dollars. This bill passed the House by a vote of 232-198.

H.R. 2494, the POLICE Act of 2023, a bill Tenney cosponsored, which amends the Immigration and Nationality Act to explicitly state that assaulting a law enforcement officer is a deportable offense. This commonsense bill ensures that federal immigration authorities enforce our laws against illegal aliens who assault our law enforcement officers. This bill passed the House by a vote of 255-175.  

H. Con. Res. 40, a resolution expressing support for local law enforcement officers and condemning efforts to defund or dismantle local law enforcement agencies. Specifically, this resolution condemns the radical “Defund the Police” movement and expressed the House of Representative’s support for local law enforcement officers. Over the last three years, the radical left has engaged in an extremist campaign to defund and demoralize our law enforcement officers. Through this resolution, House Republicans sent a strong and unified message that we stand with our valiant officers who put their lives on the line every day to keep our communities safe. This resolution passed the House by a vote of 301-119-3.

"Law enforcement officers safeguard our communities, tirelessly dedicating their lives to serving and protecting,” said Congresswoman Claudia Tenney. “We must stand united in support of these brave men and women who selflessly put themselves in harm’s way every day. Their unwavering commitment to keeping our communities safe is a testament to their valor and integrity. This National Police Week, I was honored to back legislation reaffirming our support for law enforcement officers in New York and around the country.”

Photo: 4th graders from St. Joe's tour HLOM and International Peace Garden

By Howard B. Owens
st. joe's peace garden 2023
Fourth graders from St. Joe's School toured the Holland Land Office Museum and the International Peace Garden in Batavia on Thursday.  Paula Savage, director of the Peace Garden, said the students were fascinated by the garden. They learned the history of the garden. She said they were fascinated by the flags and asked a lot of questions.
Photo by Howard Owens

Photos: Batavia Players open Opposites Attract on Friday

By Howard B. Owens
Batavia Players

Batavia Players premier A Cabaret Showcase: Opposites Attract at 7:30 p.m. Friday at the Main St. 56 Theater in City Centre, Batavia.

The show is a smorgasbord of songs showcasing true opposites -- love and hate, dead and alive, in and out, big and small, and more.  All of the songs come from popular Broadway shows.

The show goes on again at 7:30 p.m. Saturday. 

Tickets are $18 for adults and $16 for seniors and students.

Photos by Howard Owens.

Batavia Players
Batavia Players
Batavia Players
Batavia Players

 

Batavia Players
Batavia Players

GCC president pitches $37.3M budget, $50K additional ask from county

By Joanne Beck
James Sunser and Gregg Torrey
Dr. James Sunser, president of GCC in Batavia, reviews the 2023-24 budget and related requests from the county during a Ways & Means meeting Wednesday, as Legislator and GCC liaison Gregg Torrey listens. Photo by Joanne Beck.

County legislators have so far given a thumbs up to Dr. James Sunser’s $37.3 million budget for Genesee Community College, a spending plan that includes a $100 per semester tuition increase and a request of $50,000 in additional funding from Genesee County to continue operations for 2023-24.

“I think it’s a very modest budget,” the college president said during Wednesday’s Ways and Means meeting. “As you can see, from the current approved budget, it's about $150,000 more than this year's approved budget. It looks to advance tuition by $100 a semester, for full-time students, and $10 a credit hour for part-time students.

“We worked hard with the state. We were hoping to be able to get a little more from the state, but we at least got flat funding for the current year, which is something that has been the norm for the last few years. We've asked the county to support us with the base prior year aid plus the $50,000 planned increase that we've talked about in prior years,” Sunser said. “And we feel strongly that we'll be able to operate within that budget, but it will be a challenge, just like it is for all of you as well.”

The proposed 2023-24 operating budget is $37,350,000, with a “sponsor share” of $ 2,786,374 to come from the county within a tax levy by that amount.

A public hearing will be necessary for this budget and related sponsor’s share, as the resolution to be voted on by the county Legislature states:

“That the Genesee County Legislature does hereby approve of the sponsor’s share of the operating budget of the Genesee Community College for the fiscal year September 1, 2023, through August 31, 2024, in the amount of $2,786,374 and cause the same to be included in the county tax levy for the year 2023.”

A vote is to go before the Legislature next week, and if approved, the budget, levy and public hearing will be set for 5:30 p.m. June 14 at the Old Courthouse, 7 Main St., Batavia.

During the conversation, Legislator John Deleo asked Sunser about the GCC radio station, a staple of this area for a decade that has become silent this past year. Sunser explained that maintaining a station — which was a club activity — for 24 hours a day was becoming “more and more difficult” to do, and the board made the decision to sell the license.

Two bids were received: one that offered “no dollars, they were just willing to take it,” Sunser said, and the second bidder that ended up purchasing the license through the FCC for $55,000. There is no radio, per se, as the station operates via online streaming, he said.

“So what we've done is we've moved away from the FCC as a licensed radio station, and we're on a streaming platform. So we're still providing the same opportunity to students to broadcast and have all that, but outside of the FCC regulations,” Sunser said.

Mortgage tax refunds of nearly $470K expected to be doled out to municipalities

By Joanne Beck

Town, village and city municipalities will be a little fatter financially once again from county payouts of excess revenues.

With mortgage tax monies totaling $469,976.12, the Genesee County clerk and treasurer have reported to the Legislature that these funds may be distributed to everyone from Alabama to Stafford, and all entities in between, according to the provisions of Section 261 of the tax laws.

If this measure is approved by the Legislature, as expected after being approved by two sub-committees already, this will mean the following payments for each of the following in Genesee County:

  • City of Batavia $ 110,175.18
  • Town of Alabama $ 8,412.02
  • Town of Alexander $ 27,606.46
  • Town of Batavia $ 102,188.96
  • Town of Bergen $ 12,215.15
  • Town of Bethany $ 17,252.44
  • Town of Byron $ 12,933.80
  • Town of Darien $ 29,548.18
  • Town of Elba $ 11,242.94
  • Town of LeRoy $ 35,768.49
  • Town of Oakfield $ 12,056.45
  • Town of Pavilion $ 24,859.10
  • Town of Pembroke $ 25,400.70
  • Town of Stafford $ 20,007.16
  • Village of Alexander $ 2,550.49
  • Village of Attica $ 883.54
  • Village of Bergen $ 1,655.00
  • Village of Corfu $ 1,515.26
  • Village of Elba $ 1,401.70
  • Village of LeRoy $ 10,398.34
  • Village of Oakfield $ 1,904.76

Per a resolution to come before the Legislature May 24, its approval would direct that the Genesee County Treasurer “hereby is authorized and directed to pay the Town Supervisors, Village Treasurers, and the Treasurer of the City of Batavia the amounts aforesaid from the Mortgage Tax refund.”

State of Emergency declared to stop immigrants from landing on county's doorstep

By Joanne Beck
Matt Landers state of emergency
Genesee County Manager Matt Landers issues a local State of Emergency for the county Wednesday out of "an abundance of caution" due to threat of undocumented immigrants arriving here from downstate. Photo by Joanne Beck.

Citing “an abundance of caution,” County Manager Matt Landers declared a local state of emergency for Genesee County earlier Wednesday in response to rippling speculations about potential busloads of undocumented immigrants being sent this way from New York City.

One of the last straws — in an untidy political mix of statements about where immigrants should and should not go — was Orleans County’s declaration issued prior to Genesee County on Wednesday, Landers said. That was apparently one of the reasons for an executive session called abruptly after the Ways and Means meeting at the Old County Courthouse.

The private, executive session was called for what Legislator Marianne Clattenburg termed “what happened this afternoon.”

So The Batavian asked, what happened this afternoon?

“Well, a lot of it was just meetings with various stakeholders, Orleans County issuing their state of emergency was probably a prompt. Because of that, we took notice of that, there was a lot of speculation that raised our concerns about how easily a group of asylum seekers could end up at our doorstep without us even knowing,” Landers said. “So I guess it was our vulnerability that came to light of how simple and how easy and how fast that could happen, that we wanted to have this in place, in case that were to happen.

“So that was probably some of the prompts that happened throughout the day that caused us to take this action,” he said.

Congresswoman Claudia Tenney had previously issued a press release opposing a move to send immigrants to upstate SUNY campuses, though that doesn’t seem to be any official step being taken by the state government at this time. New York City Mayor Eric Adams has been pushing to move immigrants north.

Landers said that, because Genesee Community College receives both county and state funding, that he isn’t certain whether he would include GCC at some point in the list of entities discouraged from taking in busloads of immigrants during the county’s state of emergency. But for now, he is instead emphasizing hotels and motels.

The Batavian asked if he was aware of two busloads of people dropped off at The Clarion on Wednesday, rumored to be immigrants and news that was shared with us by a Batavian reader. They were confirmed by Sheriff’s Office personnel to be National Guards here for training, Landers said.

“Because it's about doing a good job of being aware. You know, we have contacts throughout the county that are in positions to help give any kind of advanced notification if there was an issue that came to light,” he said. “So there is a heightened awareness for county operations right now.”

State Gov. Kathy Hochul issued a State of Emergency for New York State for similar reasons, and for what Landers believes is to probably try and capture federal government financial resources, “which is understandable,” he said.

“This is more to get a better handle on control in Genesee County, and have the situation to an abundance of caution to be able to respond to a situation where we're not aware of asylum seekers coming to our community, there’s channels out there, and I do have confidence in the governor's office, through their representative, that they would try to reach out to us if there was a group that was heading to Genesee County, but there's different avenues of which that they can come from and it's not all through the governor's office,” Landers said. “So I am in consultation with the governor's office and, and the representative has been very forthcoming and upfront with me, and I think we've got a great working relationship. But that's only one piece of the puzzle. So the state of emergency is kind of trying to cover multiple scenarios, you know … And, again, we'll evaluate the state of emergency in the next five days, and see if we've covered everything, and maybe we strengthen it, modify it, or let it expire.”

The county’s Local State of Emergency was declared for Genesee County, due to New York City's program to rapidly increase the number of migrants in this County to unsustainable levels.  

“Pursuant to NYS Executive Law § 24, when a State of Emergency is in effect, the County  Manager may promulgate local emergency orders to protect life and property or to bring the emergency situation under control.

By law, upon reconsideration of all the relevant facts and circumstances, such an order may be extended for additional periods not to exceed five days each during the pendency of the state of emergency.  

Press release:

Out of an abundance of caution, a local State of Emergency has been put into place by County Manager L. Matthew Landers as of May 17, 2023, in response to New York City’s program to bus migrants and asylum seekers to other counties in New York State. Genesee County is not equipped for a rapid increase of persons in need of services, and if the City of New York or other municipalities were to flood the County with migrants and asylum seekers, the situation would only worsen.

This Local Emergency Order will remain in effect for five days unless sooner modified, extended or revoked. It may be extended for additional periods not to exceed five days during the pendency of the local state of emergency. This order may be referred to as the “Genesee County Sustainable Migration Protocol."

Hawley chides majority for blocking voters from weighing in on two-state referendum

By Press Release

Press Release:

Steve Hawley

Assemblyman Steve Hawley (R, C - Batavia) is disappointed that the Assembly Majority Conference blocked a referendum of his this week in the Local Government Committee without any debate or discussion. Numbered A.1978, the referendum would have simply put a question to voters on the next statewide election ballot: “Do you support the division of New York into two separate states?” The measure was shot down, and Hawley knows exactly why. 

“Our job as legislators should be to, first and foremost, ask our constituents questions about what they want to see us do. That is all this referendum would have done,” Hawley said. “I speculate the Majority prevented us from asking this question of all New Yorkers because they already know the answer: yes. The majority of New Yorkers are tired of the way things are, and any change, no matter how big, would be preferable to how things are right now.”

“Immigration crises, favoritism to downstate constituencies, the continued erosion of our farmlands and small businesses: these are the problems we face; infringements on 2nd Amendment rights, rampant pro-criminal policies and skyrocketing taxes and inflation. And these problems are consistently tied to the actions of a Majority spearheaded by a downstate coalition that has little regard for the rest of us. If they’re afraid of being told their actions are having a negative impact on some New Yorkers, they need a serious reality check,” Hawley concluded.

File photo by Howard Owens

BREAKING: Genesee County issues emergency declaration banning NYS from moving migrants to county

By Howard B. Owens

In response to a possible plan by New York City Mayor Eric Adams to relocate undocumented migrants from New York City to Upstate New York, Genesee County has issued an emergency declaration banning the acceptance of immigrants from out of the county for at least five days.

The ban was effective at noon today, County Manager Matt Landers told The Batavian's Joanne Beck.

UPDATES coming.

UPDATE: State of Emergency to stop immigrants from landing on county's doorstep

Judge rules against Scott Doll in latest appeal of 2010 murder conviction

By Howard B. Owens

The latest attempt by Scott F. Doll to get his 2010 conviction for murder overturned has failed to persuade another judge and his appeal based on what his attorney claimed was new evidence has been denied.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed a motion to overturn the conviction earlier this year. A hearing on his motion was heard by Judge Sanford A. Church on March 10.

Deal argued that he had uncovered new evidence related to the failure of the Monroe County Medical Examiner's Office to collect fingernail scrapings from Doll's victim, Joseph Benaquist, and new DNA tests of people who might have had access to the murder scene should lead to Doll's conviction being overturned and a new trial granted.

Church ruled that the defendant did not present a factual assertion that the two pieces of "newly discovered evidence" could not have been available for the 2010 trial. 

"As discussed below, a sound defense trial strategy could have been to avoid further scientific testing and emphasizing the prosecution's failure to test some evidence," Church wrote. "The defense was aware, for example, of the drops of blood on the victim's boot before trial and that it had not be subjected to DNA profiling. All they had to do was ask that it be tested."

The defense could have also asked that fingernail scrapings be tested.  If the defense had made the request, the attorneys would have learned that clippings and scrapings had not been collected.

As for a bit of third-party DNA found on the victim's boot, that evidence could have been available at trial, Sanford said. There were photographs available to the defense that showed a possible bloodstain on the victim's boot.  The defense, he said, could have insisted that the bloodstain be tested.

Prior court rulings have found that for evidence to be considered "new" in an appeal, it must be evidence that could not have been discovered by the defense through diligence. 

It's also not readily apparent that the DNA comparisons would change the outcome of the trial, Sanford ruled.

For these reasons, Doll has failed to prove that his "new evidence" could not have been discovered before trial.

Church, an Orleans County judge, heard the appeal because Genesee County Court Judge Melissa Lightcap Cianfrini formerly worked for the Genesee County District Attorney's Office and had been involved in prior appeals, so she had a conflict of interest.

Doll was sentenced to 15 years to life for the 2009 murder of Benaquist. He has consistently maintained his innocence since his arrest.

On the night of Feb. 16, 2009, Doll was found walking in Pembroke in blood-soaked clothing by a deputy and questioned.  Due to the suspicious nature of his appearance and a van he identified himself as operating earlier in the evening, he was questioned by investigators who feared there was a seriously hurt or dead person in the area.  Those emergency circumstances allowed investigators wide leeway in questioning Doll and searching for a possible victim. Several hours later, Benaquist's badly beaten body was found in the driveway of his home in Pembroke.

Benaquist and Doll, a prison guard, had been partners in a used car business.

For all of The Batavian's prior coverage of Scott Doll, click here.

Photo: Goodyear Blimp flying over Genesee County Park

By Howard B. Owens
goodyear blimp

Reader Jeremy McClellan spotted the Goodyear Blimp flying over the Genesee County Park on Wednesday afternoon.  It is apparently in the Rochester area for the PGA tournament.

Controlled burn spreading toward barn in Pavilion

By Howard B. Owens

A controlled burn at 7833 Walker Road, Pavilion, is now reportedly out of control and spreading toward a barn.

The fire is about 20 feet from the structure.

Pavilion Fire dispatched.

The spring burn ban has been lifted, but the National Weather Service has an advisory for dry and windy conditions in place warning of elevated fire danger.

UPDATE 4:22 p.m.: Le Roy Fire asked to standby in the Le Roy hall.

New business lets you Take 5 for oil change without leaving your car

By Joanne Beck
Take 5 oil change site
A potential site for a Take 5 Oil Change business at the front of Valu Plaza in the City of Batavia is under review by the city's Planning and Development Committee. 
Photo by Howard Owens.

There are a few things you probably can get done without leaving your car during lunch: cashing a check at the bank drive-thru, buying a burger and fries at a fast-food place, and, of course, getting your car washed.

What about an oil change while you’re at it? Peter Pavek of Quattro Development explained the concept of just that service offered by Take 5 Oil Change during Tuesday’s City Planning and Development Committee meeting.

Peter Pavek take 5 oil change
Peter Pavek of Quattro Development. Photo by Joanne Beck.

Pavek represented an owner of the latest Take 5 to go at the corner of West Main Street and Lewiston Road, at the entrance of Valu Plaza.

“We began in Louisiana and have been expanding pretty rapidly,” Pavek said. “There are a couple in Rochester, Syracuse, Albany, in the major cities, and we’re targeting Amherst, Tonawanda and Lockport, and now Batavia.”

The service is a 15-minute oil change. There’s no waiting area, and you don’t even leave your vehicle. Plans are to demolish the current building that formerly housed a bank with a drive-thru, a coin and jewelry exchange, and a mobile phone office. Services are primarily oil changes and replacing filters and wiper blades.

Code Enforcement Officer Doug Randall said that per zoning, they would rather see three bays and asked if the company would be good with that; Pavel agreed.

Given the minimal use for a waiting area, there’s also no use for many parking spaces, and Pavek said they could reduce the parking spots and add to the green space.

“Any additional green space you can maintain, that’d be great,” committee member Ed Flynn said.

The sites typically get 50 vehicles per day, with variations of busiest times throughout the day — mid-morning and especially at 3 p.m. reaching peak times, according to company data.

The committee gave a preliminary thumbs up, with instructions to return with a detailed site plan.

Theater owner promises live comedy and music in lieu of movies at The Bowery

By Joanne Beck
Red door at theater, Batavia
The future entrance/exit to The Bowery, a new entertainment venue to open in the fall 2023 in the City of Batavia. Photo by Joanne Beck.

There’s a richly iconic salon in New York City known for being luxurious in nature and set apart by its vivid red door, a symbol of Elizabeth Arden Spas and perfumes.

By no means was the red door being wrangled over Tuesday evening by property owner Ken Mistler and members of the Planning and Development Committee as luxurious in nature, but it will be the signature — of the entrepreneur’s latest venture into the world of entertainment.

This heavy-duty red door will lead the way to The Bowery.

“That’s the oldest street in Manhattan. It’s light industrial, New York City when the shanties were all downtown, in the mid-1800s,” Mistler said after the meeting.

His vision for this gritty, edgy shanty town climate will serve up a host of eclectic live musical artists and comedy acts in the movie theater-turned-Bowery,.

Mistler, and his engineer, Andy Schmieder, landed before the committee due to their request for a handicap-accessible ramp leading up to what are now double doors to be converted into one large, wide entry/exit doorway on Alva Place.

Ken Mistler and engineer Andy Schmieder
Ken Mistler, left, and Andy Schmieder, his engineer, answer questions Tuesday during the city's Planning and Development Committee meeting. Photo by Joanne Beck.

Members David Beatty, Ed Flynn and Duane Preston were less than impressed with the thick steel fire door being the main entrance to a business.

“My only criticism is that it’s a rather mundane entry for a dining/pizza shop. Is there going to be any other entrance?” Beatty said.

Flynn added that it looks like a utility room.

“There will be a marquee over it,” Mistler said, answering Flynn’s question about it not having a window. “There’s a door without a window now.”

Beatty wanted to confirm if the space would eventually be a functional theater. 

No.

“It will eventually be a comedy club and music venue,” Mistler said.

They circled back to the door. Is it to be the final and permanent door to the establishment? Yes. With no windows? That’s right.

Beatty joked that it was going to be a speakeasy, some clandestine spot that served illicit liquor back in the days of prohibition.

“We have a problem with the look of the door,” he said.

Code Enforcement Officer Doug Randall asked if Mistler would consider some type of artwork on the door, and Mistler said sure, he was open to suggestions.

The three members approved the request for a ramp, and encouraged Mistler to return with another door design when he begins his future facade work.

As for the dining/pizza shop, there won’t be any actual indoor dining, Mistler said. The pizza shop will have two purposes: one will be for a one-size pizza take-out service from a walk-up window, and the food will also be used at The Bowery for patrons. He has no intentions of competing with local restaurateurs.

“You want fancy-style pizza, go to Roman’s. I don’t want to step on anybody’s toes in the food business because that’s not what I want to do. I love to work with the restaurants in Batavia so that we could do dinner and a show again, like I did with the movie theater,” he said. “My first idea was to cater to seniors, there’s not a lot of things for seniors to do in the day, let’s give it to the seniors … a three-piece brass band, a motivational speaker, a pianist, we’ll have a piano there.”

He has connections with promoters at both ends of Batavia — in Buffalo and Rochester -- and plans to bring in comedic and musical acts from in and out of state. There will be a dance floor in front of the stage, a full bar and some edibles, per State Liquor Authority, which “requires us to have a substantial menu.”

“For once, I want to do a business that’s fun,” he said. “I’ve got contractors ready to go. Inside is completely empty. Okay, so I don't have any demolition to deal with, demolition is already done. All I have to do is put it back together, and it's a lot easier to put them together than to take it apart. Yeah. A lot easier. So I want to get it open within six months.”

He will be meeting with Randall to go over the interior design and obtain a building permit. The city has been “really easy to work with,” he said, and although people see the bad stuff, Batavia is becoming more business-friendly, he said, “which is great.”

Countywide school district budget and election results for 2023

By
school budget vote

Here are the results currently available from school districts in Genesee County for their 2023 school budget, propositions, and board elections.  This post will be updated with additional results as they become available.

Alexander Central School District

PROPOSITION #1 - BASIC BUDGET Shall the Board of Education of the Alexander Central School District be authorized to expend the sum set forth in the budget for 2023-2024 in the total amount of $20,847,885, and to assess and levy upon the taxable property of the District the necessary tax therefore?

Yes 173 No 57

PROPOSITION #2 – BUS PURCHASES - Resolved that the Board of Education of the Alexander Central School District is hereby authorized to acquire (2) 64-passenger school buses and (1) small school bus, at an estimated maximum aggregate cost of $376,125, and such to be funded from the Bus Reserve, as permitted by law.

Yes 174 No 57

PROPOSITION #3 - EQUIPMENT CAPITAL RESERVE FUND - Resolved, that the Board of Education of the Alexander Central School District is hereby authorized to expend $140,619 from the existing 2018 & 2021 Equipment Capital Reserve Fund for the acquisition of (2) two wide view printers with estimated cost of $8,900, (1) Ventrac Mower with an estimated cost of $63,800, and (1) plow dump truck with plow with an estimated cost of $67,919 as permitted by law.

Yes 184 No 46

PROPOSITION #4 - ESTABLISH CAPITAL RESERVE FUND

Resolved that the Board of Education of the Alexander Central School District is hereby authorized to establish a Capital Reserve Fund pursuant to section 3651 of the Education Law (to be known as the “2023 Capital Reserve Fund”), with the purpose of such fund being to finance construction, reconstruction, improvement and equipping of school buildings and facilities; such capital costs being of a type that would be eligible for financing under the local finance law, and costs incidental thereto, the ultimate amount of such fund to be $975,000, plus earnings thereon, the probable term of such fund to be ten (10) years, but such fund shall continue in existence until liquidated in accordance with the Education Law or until the funds are exhausted, and the sources from which the funds shall be obtained for such Reserve, with an initial minimum deposit of $50,000 from current fund balance at year end.

Yes 178 No 51

PROPOSITION #5 - SCHOOL BUS RESERVE FUND - Resolved that the Board of Education of the Alexander Central School District is hereby authorized to establish a School Bus Reserve Fund pursuant to section 3651 of the Education law (to be known as the “2023 School Bus Reserve Fund”), with the purpose of such fund being to finance the purchase of school buses, vehicles and equipment that would be eligible for financing under the local finance law, and costs incidental thereto, the ultimate amount of such fund to be $500,000, plus earning thereon, the probable term of such fund to be ten (10) years, but such fund shall continue in existence until liquidated in accordance with the Education Law or until the funds are exhausted, and the sources from which the funds shall be obtained for such Reserve with an initial minimum deposit of $50,000, and (ii) amounts from budgetary appropriations from time to time, and (iii) unappropriated fund balance made available by the Board of Education from time to time, and (iv) New York State Aid received and made available by the Board of Education from time to time, all as permitted by law.

Yes 173 No 56

ELECTION OF BOARD OF EDUCATION MEMBER-ONE POSITION FOR A TERM OF FIVE (5) YEARS - VOTE FOR ONE (1).

  • Jadriene Balduf 68
  • Natalie Loranty 61
  • Sara Fernaays 97 - Winner

Write-in Candidate:

  • David Newton – 1
  • Don Smith - 1

Batavia City School District

  • Budget Yes – 263 No – 65
  • #2 Student Ex-Officio Yes – 293 No – 37
  • #3 Establish Capital Improvements Reserve Fund, 2023 Yes – 260 No – 66

Board Member Election 

Two (2) Positions (7/1/23-6/30/26) to be filled as follows:

  • Alice Ann Benedict - Votes 290
  • Barbara Bowman - Votes 277

Byron-Bergen Central School District

  • Proposition 1, school budget: YES 380  NO 108
  • Proposition 2, school bus purchase: YES 386  NO 105
  • Proposition 3, capital reserve fund: YES 372  NO 116
  • Proposition 4, Technology equipment reserve: YES 368  NO 121

School board election:

  • Lisa Forsyth, 331
  • Amy Phillips, 270
  • Lynn Smith, 283
  • Cindy Matthews, 300

Elba Central School District

  • Proposition #1 – Authorize the Board of Education of the Elba Central School District No. 1, Towns of Elba, Byron, Stafford, Batavia and Oakfield, County of Genesee, State of New York to expend $11,708,369 as set forth in the proposed 2023-24 budget and further authorize the necessary tax levy to support this budget: Yes –   110   No – 11
  • Proposition #2 – Authorize the Board of Education of the Elba Central School District to request additional state aid for energy savings contract improvements under an energy performance contract separately authorized by the board of education; which energy savings contract requires additional voter approval to be eligible for additional enhanced state building aid: Yes – 114  No – 6
  • Proposition #3 – Authorize the Board of Education of the Elba Central School District to purchase one (1) 65 passenger school bus, at an estimated aggregate cost not to exceed $168,883 and to appropriate and expend from the existing Capital Bus and Vehicle Replacement Reserve Fund for such costs: Yes – 111  No – 9

One Board Member elected for a five-year term commencing on July 1, 2023 and expiring on June 30, 2028: 

  • Dean Norton, Incumbent – 111  votes

Total Votes: 121

Le Roy Central School District

  • Proposition 1: School budget, YES 388  NO 114
  • Proposition 2: Library budget, YES 413  NO 90

School Board Election, two three-year terms

  • Denise Duthe, 391
  • Jacalyn Whiting, 690

Woodward Memorial Library Trustee, elect one

  • Lynda Lowe, 254
  • Laura Williams, 172

Oakfield-Alabama Central School District

  • Proposition #1: 2023-2024 Budget $24,094,600 Yes: 432 No: 95
  • Proposition #2: Haxton Public Library Yes: 442 No: 89

Board of Education Members:

  • Jackie Yunker-Davis - 450
  • Pete Zeliff - 353
  • Natalie Emerson - 351

*Elected to three-year terms commencing July 1, 2023

Library Trustees:

  • Carol D'Alba - 424
  • Lynette Crawford - 421
  • Denise DiMatteo - 409
  • Jessica Baker - 407
  • Janet Klotzbach - 47

*Elected to five-year terms commencing June 1, 2023

Pavilion Central School

  • Proposition 1: Annual Budget Referendum 2023 - 2024 The Board of Education has approved, for your consideration, a budget for the 2023-2024 school year in the amount of $18,869,393. Overall, this reflects a year-to-year spending increase of $582,042 or 3.18 percent. The tax levy will increase by $85,396 or 1.5 percent to $5,778,383. YES -- 192   NO -- 26
  • Proposition 2: School Board Member Election. 

Five-year term:

  • Chris Jeffres, 115
  • Lana Flint, 34
  • Roxanne Holthaus, 61

Proposition 3: Hollwedel Memorial Public Library Trustees. 

  • Kelley Harris, 162
  • Joan Gray, 166

Pembroke Central School District

  • Proposition 1 - School Budget:  277 Yes, 98 No
  • Proposition 2 - School Buses:   277 Yes, 98 No
 
Board of Education election : One 5-Year Board of Education Seat:  316 votes for incumbent John Cima
 
One 2-Year Board of Education Seat (unexpired term):  No one ran for this seat.  There were 67 total write-in votes. with 15 votes for Randy Fancher, 11 votes each for Salvatore Ianni and Michael Geck, 1 vote for Elmer Fudd and "a bunch of other real and imaginary names," Superintendent Matthew Calderon said.

Longtime Batavia music teacher delivers final concert Tuesday

By Joanne Beck
jane haggett paladino

Jane (Haggett) Paladino, longtime music influencer as Batavia High School's music teacher and department chairperson, delivers her final swan song as conductor during a band concert Tuesday evening at the high school's Frank E. Owens Auditorium. 

Paladino is retiring from the district and looking forward to new adventures ahead -- albeit with staff, students and parents enriched by her lessons and saddened by her departure. 

Photo by Howard Owens.

Barn fire in Darien contained but volunteer firefighter 'crisis' continues says Yaeger

By Howard B. Owens
sumner road barn fire darien

Strong winds, no fire hydrants, and the ongoing shortage of volunteer firefighters made today's barn fire in Darien a bit more challenging to fight, said Tim Yaeger, emergency management coordinator for Genesee County.

The fire was reported at about 8:30 a.m. at 2044 Sumner Road, Darien, a 9.4-acre residential parcel owned by David Keller that contained multiple barns and other out structures, all mostly built in the 1950s and 1960s.

Yaeger said an investigation found that the source of the fire was a fire started by the homeowners to the southwest of the barn that caught fire.  Yaeger said the wind changed direction, and embers flew into the barn causing combustible items in the barn to catch fire.

The barn was in disrepair, Yaeger said, and damage to the west side of the barn exposed the interior to the flying embers.

The fire spread and expanded quickly because of the wind, Yaeger said.

There were no injuries, either to residents or firefighters, Yaeger said.  There were no livestock or domestic animals involved in the fire.

Darien Fire was initially dispatched to the fire (follow the link for more photos).

Multiple tankers for surrounding departments, including Corfu, East Pembroke, and Alexander, were dispatched.  The tankers were necessary, Yaeger said, because that part of Darien does not have public water, and there are no fire hydrants in the area.

The need for tankers increases the need for volunteer firefighters, and those are in short supply at the start of a weekday workday, so getting enough manpower to the scene today was an issue, Yaeger said.

Darien Fire, in particular, has been dealing recently with a lack of volunteers.

The lack of volunteers, he said, again illustrates the crisis situation for local fire companies.

"It's still a real concern of mine," Yaeger said. "I applaud the City of Batavia Fire Department for being a real partner with us.  We've got to do something to increase the number of volunteers."

He said a lot of volunteers are aging out, and many who are showing up have been volunteers for 30, 40, or even 50 years, and they do what they can.

"They're still proud of their service to their communities, but we need a new message to bring out younger volunteers to join their ranks," Yaeger said.

Still, even with the challenges, the fire departments on scene were able to have half of a secondary structure that caught fire, as well as the rest of the structures on the property, including the house.

"The house wasn't damaged at all," Yaeger said.

Grand Jury Report: Man accused of possessing illegal AR-15 pistol in Le Roy

By Howard B. Owens

Vincent S. Kovach is indicted on five counts of criminal possession of a weapon in the third degree, a Class D felony, and two counts unlawful purchase of body armor, a Class A misdemeanor. Kovach is accused of possessing an AR-15 pistol, serial number 21004302, on April 21 in the Town of Le Roy that was semiautomatic with the ability to accept a detachable magazine and the capacity to accept ammunition magazines that attach to the pistol outside the pistol grip. The pistol also allegedly had the capability to accept a barrel extender, flash suppressor, forward handgrip, or silencer, and a shroud that would allow a person to hold the barrel of the gun without being burned, that had a manufactured weight of fifty or more ounces while unloaded, and of being a version of an automatic rifle. He is accused of possessing two pieces of body armor, one from May 2022 to April and the other from January to April.

Andrew W. Taylor is indicted on counts of falsifying business records in the first degree, a Class E felony, and petit larceny, a Class A misdemeanor. Taylor is accused of filing a false business document at Pawn King in Batavia on Nov. 21.  He was allegedly attempting to pawn a an item he stole, an Oral B Pro 500 and WaterPik water flosser.

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