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Woman facing charges after dog ingested narcotics says 'real case' will come out

By Howard B. Owens

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

Previously:

Warrant issued for man arrested multiple times and fails to appear in City Court

By Howard B. Owens
Andrew Draper

A 43-year-old Batavia man who has been arrested at least six times this year failed to show up in City Court on his criminal matters, and the attorney appointed to represent him said he couldn't locate him.

Attorney Robert Stossel said he tried the former employer of Andrew Draper and several of Draper's family members, and nobody knows where he is.  The attorney also said he has several phone numbers potentially associated with Draper and was unable to contact him.

Stossel said that Draper has made one prior court appearance so he is aware of his obligation to appear in court.

Judge Thomas Burns issued a warrant for Draper's arrest.

In the past year, Draper has been arrested on charges of petit larceny (three times), criminal mischief 4th, DWI, and criminal contempt.

Kiwanis Club caps this year's 5K with special drawing

By Joanne Beck
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Thursday was the day — more than two months after the Kiwanis annual Independence Day 5K — when officials drew the winning ticket for a special prize.

Co-chairman Dave Chua selected Number seven out of the 119 race participants, and challenged them to remember their bib numbers. Not to worry, Chua had the registration list, and the winner was John Schrenker. He will receive a free pair of Saucony running shoes from The Batavia Bootery on Main Street.

The drawing was Thursday afternoon at the Bootery, which donated the pair of sneakers. Bootery manager Kevin Stone, and staff member Autumn Rogers, Co-chairman Dave Ramsey and Chua were present.

The annual event helps to support local nonprofit organizations, and this year’s proceeds went to the Autism Nature Trail at Letchworth State Park, Batavia City School Foundation for the Community Schools Program, and the Kiwanis activity fund. Kiwanis also hosts other events that benefit the community, including an Easter Egg Hunt, Thanksgiving Morning Skate and other activities.

Photo: Kiwanis Independence Day 5K Co-Chairman Dave Rumsey, Autumn Rogers and Kevin Stone of The Batavia Bootery, and Co-Chairman David Chua announce the winning race bib number for a free pair of running shoes Thursday at the Bootery on Main Street, Batavia. Photo by Joanne Beck.

WROTB board hires Information Technology director, approves 'emergency' water damage cleanup

By Mike Pettinella

Western Regional Off-Track Betting Corp. directors this morning approved the creation of a director of Information Technology position at the Park Road entertainment venue.

The board, at its monthly meeting, passed a pair of resolutions concerning IT – the first to establish the department and a director and the second to appoint Jeff Magee of Rochester to the director post.

Magee, who has served as an IT consultant for the corporation, will receive an annual salary of $99,000.

“Jeff’s actually been affiliated with this company for about 30 years,” said WROTB President and CEO Henry Wojtaszek. “So, he is someone who we utilized on an outside basis to consult with and he’s a specialist in the area.”

Wojtaszek said the board decided to replace an IT employee who left the company with Magee, making him a full-time department head.

“It’s almost a neutral budget item because what we're paying Jeff equals what we were already paying him previously as a consultant together with the salary of the gentleman who we're not replacing,” he explained.

Magee may have to fulfill his duties in a makeshift work area for a little while due to the fact that a pipe burst on Sept. 12 and caused serious flooding to the upstairs administration area and also to the gaming floor downstairs.

The board grant permission for Wojtaszek and his staff to make necessary repairs to the damaged floors and furnishings under an “emergency declaration” – without passing a formal resolution at this time.

“We’ll address this and then we’ll bring all the things together (to the board) and they’ll approve everything,” Wojtaszek said, adding that all work will be done “in accordance with our bidding procedures.”

In another personnel matter, the board voted to discontinue providing cell phones to employees, opting instead to authorize a monthly stipend to those employees needing to use a cell phone for business purposes.

Downs' officials set sights on installation of Park Road enhancements; Bills, Amerks suite license pacts extended

By Mike Pettinella

The Park Road Reconstruction Project has entered the homestretch and Batavia Downs Gaming officials couldn’t be more pleased.

That’s the word from Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., and the public benefit company’s board at their meeting this morning.

“It's probably 80 percent complete,” Wojtaszek said. “We expect substantial completion by October 17th and hopefully we will have two-way traffic on the street (again) in just two to three weeks.”

Edward Morgan, chair of the Batavia Downs Operations Committee, reported that Nov. 30 is the “targeted” completion date.

He said that trees purchased by WROTB are scheduled to be delivered tomorrow – and will take a week to install – and light poles (also purchased by WROTB) will be delivered next week and installed during the week of Oct. 3.

Morgan also said that the facility will feature two valet parking sites – the current one at the south end and a new one at the main entrance “to accommodate those (customers) staying at the Hotel (at Batavia Downs).

Wojtaszek said installation of the trees and streetlights will be handled by CATCO, the project’s primary contractor, and subcontractors.

“We're excited about the possibility of the completion by the second week in October and we look forward to a completed, beautiful project,” he said.

When asked by The Batavian about parking at the lot of the former Kmart building across the street, he said WROTB’s lease with Benderson Development, owner of the property, has expired and that anyone parking there is doing so “at their own risk.”

However, he did say that there is adequate parking for the events at Batavia Downs, and that he could foresee another lease agreement with Benderson should the need arise for concerts next summer.

On another front, the board extended its suite license with Pegula Sports & Entertainment for the 2022-23 Buffalo Bills football season at Highmark Stadium in Orchard Park, and a similar agreement with Rochester Arena LLC for the 2022-23 and 2023-24 Rochester Americans hockey seasons at the Blue Cross Arena.

Both contracts were paused in 2020-21 due to the COVID-19 pandemic, prompting the passage of a pair of resolutions to extend them. The cost with Pegula Sports is $103,200 and the cost with Rochester Arena is $37,150 for this season and $38,250 for 2023-24.

Wojtaszek said ticket distribution for the suites are handled through the WROTB marketing department “in a very professional, promotional way.”

“It'll be a combination of tickets being given away in a drawing on the (gaming) floor, which improves the attendance on our floor and improves foot traffic throughout the building, and then through the host department,” he said. “They’ll find good players and make sure that they offer them to come in and enjoy the experience at a Bills’ game (or Amerks’ game).”

In a related move, the board approved an annual expenditure of up to $610,000 for various promotional items from Mark-It-Smart, Inc., based in Santa Ana, Calif. Items are purchased on a per-event basis as part of a “continuity program,” Wojtaszek said, and include luggage, cookware, purses, barbecue items, camping equipment, glassware and small appliances.

In other action, the board approved the following resolutions:

  • Contracts with three Batavia-based companies for a telescopic boom lift, marketing mailers and electrical parts and supplies.

Directors authorized payment of $147,000 to Skyworks, the lowest bidder, for a telescopic boom lift, ending the recent practice of leasing the equipment.

“Now’s the time to take that extra step and purchase it and make it cost-effective for the company,” Wojtaszek said. “It's a safety issue. We have a lot of decent sized projects here, including window washing and construction. It was put into the capital plan, and it was in the budget for this year. The board thought it was prudent to go ahead and purchase it, and I agree.”

The board accepted a bid of $115,000 from Applied Business Systems to send out marketing mailers to patrons and potential patrons over the next year, with an option for WROTB to extend the pact for an additional year.

An agreement to spend up to $25,000 with Falcone Electric for electrical parts and supplies was approved through the end of the year.

  • A five-year extension of a contract with IK Systems, Inc., of Victor, at a cost not to exceed $68,444 to provide maintenance and testing services for the facility’s surveillance system.

Wojtaszek said he has been “impressed” with IK’s performance.

“I actually supervise the surveillance department here on site and I interact with them (IK Systems) very often. They are very timely and they're very efficient, So, that’s a five-year contract, sort of at a reduced price because we did it for an extended period of time.”

  • Electric and natural gas contracts with Marathon Power LLC and NOCO Gas & Electric, respectively, through Oct. 31, 2024. Both companies submitted low bids, with Marathon agreeing to supply electric at .0645 per kilowatt hour and NOCO agreeing to supply natural gas at 0.675 per centum cubic feet.

STOP-DWI announces poster contest

By Press Release

Press release:

In support of the Genesee County STOP-DWI program, the STOP-DWI Board invites all sixth- through 12th-grade students to submit a poster design that reflects the dangers of drinking and driving.

Designs should focus on the affects drinking and driving have on an individual, their family and the community.

The theme for the 2022 poster contest is, "Don’t risk it, drunk driving is always a losing game.”

 Guidelines:

  • Contestants must be enrolled as a  sixth- through 12th-grader in a Genesee County School;
  • Poster should be no larger than 9’’ x 12” and must include the theme of: "Don’t risk it, drunk driving is always a losing game”;
  • Please submit your artwork in landscape (horizontal) orientation;
  • Each submission should be the original student’s work. Submissions should be mailed or dropped off to the address below;
  • Each entry must include the artist’s full name, address, phone number, grade, age and school on the back of the poster (no personal information should be on the illustration).

Designs can be in any medium, including computer-generated. However, we strongly recommend that students create strong, simple and colorful designs that will deliver the most visual impact for their message.

Grand Prize Winner -- gift card, poster, sweet treat and their artwork on a billboard in Genesee County. They will also be honored at the STOP DWI luncheon banquet in December.

First-  through third-place winners from each category (sixth - eighth grade; ninth - 12th grade; and graphic art) will receive a gift card, commendation, poster and a sweet treat. They will also be recognized at the STOP-DWI luncheon banquet in December.

DEADLINE: Entries must be received in person or by mail by 4 p.m. Friday, Oct. 7.

Pink Hatters celebrate cancer survivors at Batavia Downs on Oct. 27

By Howard B. Owens

The Pink Hatters and Friends return to Batavia Downs on Oct. 27 to celebrate cancer survivors in our community.

Tickets are $30 and include a $10 free play in the casino.

Doors open at 4 p.m. with dinner at 6 p.m. and a program to begin at 7 p.m.

There is a basket raffle, entertainment, and a keynote speaker, plus a "best hat" award.

Tickets are available at Healthy Living, 164 Washington Ave., Batavia, or by calling (585) 344-5331.  

Photo: File photo from the 2018 event

Oakfield-Alabama inducting three new members into its Hall of Fame

By Press Release

Press release:

The OACS Alumni Hall of Fame Committee will be honoring the Class of 2022 during an Alumni Hall of Fame weekend on Oct. 15 at 6 p.m. in the OACS High school Cafeteria.  The 2022 OA HOF Inductees are:

  • Daniel Gilbert - Class of ‘87
  • Dr. Cory Merkel - Class of ‘05
  • Gary Nanni - Class of ‘73

On Saturday, October 15, 2022 there will be a community dinner and ceremony (held in the OACS High School Cafeteria) to induct our newest members.  Doors will open at 5:30pm.  The event will begin at 6:00pm.

Tickets are on sale through Oct. 1 and are available at the following:

  • Oakfield-Alabama Elementary School (7001 Lewiston Road, Oakfield  NY 14125)
  • Oakfield-Alabama Middle and High School (7001 Lewiston Road, Oakfield  NY 14125)
  • Oakfield Family Pharmacy (40 Main Street, Oakfield NY 14125)
  • By contacting committee member Liz Conway at: conwayej@frontiernet.net
  • By mailing a check (made payable to “Dollars for Scholars”) to:
    OA Hall of Fame, PO Box 35, Oakfield NY 14125
    Note: Please be sure to add “HOF Tickets” in the memo line of your check and include   your email address so confirmation of your order can be sent. 

Ticket Prices:  $30 for Adults (ages 11 and up), $15 for Children (ages 4-10) and no charge for ages 3 and under.

The Hall of Fame recognizes outstanding OACS alumni who have achieved distinction in their lives and chosen field after high school through significant contributions to their career, community or through personal achievements; providing incentive for current and future students.

We look forward to seeing you on Saturday, October 15, 2022!

Daniel Gilbert ‘87:
Dan was a leader, coach, and teacher, on the playing fields, in the classroom, and in the community.

Joining the faculty of his alma mater in 1998, he preached "confidence, not cockiness" in making the Hornets a dynastic force on the baseball diamond.  His teams won 12 Genesee Region League baseball titles, and Section V championships in 2000, 2001, 2003, and 2009.  In each of those sectional title years, he was also honored as Section V Coach of the Year.

When Hornet softball needed a coach in 2011, Dan stepped up and led that team to a sectional title, and was honored as Genesee Region Coach of the Year.

Dan amassed a 284-58 record coaching baseball, softball, JV and varsity football, and modified basketball.

At Oakfield, he taught health and physical education, creating and shaping the district's Adaptive PE program for students with special needs.

In the community he coached Little League baseball and youth football.

Dan's memory lives on in his players, students, wife, and children, and in Dan Gilbert Field, the OACS baseball diamond.

Dr. Cory Merkel – Class of ‘05:
Cory is an internationally-recognized figure in brain-inspired computing research.

After earning his PhD in Microsystems Engineering from Rochester Institute of Technology where he also earned his Master's and Bachelor's, Cory spent three years at the Air Force Research Lab before joining the RIT faculty in a research and teaching position.

His RIT research lab focuses on "brain applications" - Artificial Intelligence security, improved accessibility for "smart assistants" like Apple Siri, Amazon Alexa, etc. for deaf and hard-of-hearing individuals; and designing integrated circuits that replicate the functionality and behavior of the human brain.  Cory chairs the Computer Engineering department's Social and Awards committee, which recognizes promising students for their above-and-beyond academic excellence and teaching and other support for the department.  He also teaches courses in the areas of digital integrated circuit design and brain-inspired computing.

He has been involved in a number of outreach programs such as the Project Fibonacci STEAM (Science, Technology, Engineering, Art, and Mathematics) conference, which engages students from middle school through college, in intensive workshops to foster and cultivate interest in STEAM disciplines.

At the time of his induction, Cory held three US patents, published over 50 peer-reviewed research articles, and advised dozens of students on their MS or PhD research.

Cory met his future wife while he was at OACS; they married in 2012.  In his spare time he continues his passion for percussion - he has been in musical groups since he was 12 - and sports, including rank achievement in kung fu and karate.

Gary Nanni – Class of ‘73:
Gary started his working career mowing and doing grounds at Carl Petronio Construction in Albion, where his father worked.  By the time of his retirement, he was president of Allied Builders, the $35 million company Petronio had grown into, with Gary playing a major role in its successes and expansion.

The capping project of his career was the $21 million Richard C. Call Athletic Facility and Student Success Center at Genesee Community College.  The firm's accomplishments, even just in Western NY, are too numerous to cite, but include the tennis courts and other renovations at OACS, the Oakfield Wastewater Treatment Plant, several projects for US Gypsum; plus Western Region Off-Track Betting Casino and Thurman Thomas Sports Bar in Batavia, Roberts Wesleyan's Life Fitness Center, RIT's Imaging Science Center, and at least 14 school districts in Genesee, Orleans, Wyoming, and Monroe Counties.

Under Gary's leadership, in 2002 Allied was ranked #2 in the Rochester Business Alliance/Democrat and Chronicle list of fastest growing companies, and Buffalo Business First's list of Top Ten Private Companies.

Resurfacing planned for Bank, Chandler, and Ross streets in Batavia

By Press Release

Press release:

All motorists please be aware that Bank Street, Chandler Avenue and Ross Street will experience traffic delays on Sep. 26 and 27 and Oct. 3 and 4 between the hours of 7 a.m. to 3 p.m. for resurfacing operations.

While work is being performed in this area, local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather dependent work; if work is postponed it shall progress the next workday.

Please contact the Bureau of Maintenance at (585) 345-6400 Option 1 if there are any questions.

Concealed Carry revisions are no improvement, county 'vehemently' opposes

By Joanne Beck

There’s no concealing their opposition to the newly enacted Concealed Carry Improvement Act as Genesee County legislators unanimously agreed Wednesday to sign a resolution stating the Act is unconstitutional.

Public Services Committee Chairman Gary Maha believes the act was put together quickly in the aftermath of mass shootings, and it penalizes the wrong people.

“I think it really hurts law-abiding citizens,” he said. “If (criminals) want a gun, they’re going to get a gun.”

Fellow legislators Marianne Clattenburg and John Deleo agreed.

“I think it hurts the honest guy,” Deleo said.

The revisions seem to be “putting up barriers,” Clattenburg said, pointing to the new requirements of training, an interview and having to provide many personal details of one's household. 

“It’s a barrier to your rights,” she said.

They underscored the prominence of the Second Amendment to keep and bear arms, and how the Concealed Carry is no improvement act. The Second Amendment states that “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

The legislators’ resolution states that the act “presents procedural roadblocks in the form of privacy violation, subjective standards, financial burdens, and overt restrictions on individuals seeking to exercise a fundamental right.”

A subdivision of the law was added to state that no license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. No license shall be issued or renewed except for an applicant 21 years or older (military veterans honorably discharged are exempt from the age requirement), and be of good moral character, which means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.

Those with a license shall be required to complete training prior to recertification and must submit to an interview with the licensing officer and provide the following:

  • Names and contact information for the applicant’s current spouse, or domestic partner and any other adults residing in the home, including any adult children of the applicant and status of them residing there full- or part-time;
  • Names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements, that suggest they are likely to engage in conduct to result in harm to themselves or others;
  • Proof of certification of training;
  • A list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicant’s character and conduct.

Not only will the Legislature “vehemently, adamantly and with full resolve” oppose what members believe are “ill-advised provisions,” of the act, but they will also work with other counties to demand its full repeal based on being “unjust, ineffective, vague and unconstitutional.”

As a longstanding defender of citizen rights and the Constitution, the Legislature calls on all other municipalities in the state — and any advocates for freedom and liberty — to challenge this law “by any means possible as unconstitutional,” legislators agreed.

Copies of the county’s resolution will be sent to several state representatives, including Governor Kathy Hochul, New York State Assemblyman Stephen Hawley and state Senators George Borrello and Edward Rath III.

Hochul signed this law on July 1 after what the county Legislature believes was “surreptitiously rushed bills and through to passage under a message of necessity and during an extraordinary session bypassing the traditional rules and procedures of the state legislature. The law then went into effect on Sept. 1, placing “unprecedented and overtly restrictive conditions on applying for, obtaining, utilizing, maintaining and recertifying a conceal carry permit for personal protection and other legal uses as clearly provided for in the Constitution of the United States,” the county’s resolution states.

To read the full law, go to Concealed Carry.

Photo: Members of the county's Public Service Committee, led by Chairman Gary Maha, head of the table, discuss and vote on a resolution opposing the newly adopted Concealed Carry Improvement Act. Photo by Joanne Beck.

Supporters make case for approval of two solar projects along Alexander Road in Batavia

By Howard B. Owens

It's about time to get the show on the road, said supporters of two proposed solar projects on Alexander Road in the Town of Batavia.

The two property owners willing to host the solar farms told Town of Batavia planners Tuesday that the projects are important to them, and a representative for the firm that will install and operate the farms said he would like to finalize a deal soon.

Brian Madigan, the company’s senior permitting manager, sought clarity from planners on what issues remained to be addressed as part of the permitting process.

"I'd like to be sure that I have addressed all of the concerns," Madigan said during the Planning Board meeting. "I want to submit in a timely fashion (a letter addressing all pending concerns) and make sure that you get hard copies, and you have ample time to read it all. It's been, you know, two years for us. We'd like to move on."

"But," responded Board Chairwoman Kathy Jasinski, "it hasn't been two years for us. We do this with all solar projects. We just want to make sure we're doing it right."

The proposed projects are a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Road and a 10-acre, 1.6-megawatt system at 9071 Alexander Road.

The planning board did approve on Tuesday the environmental review, passing what's called a "negative declaration," meaning the projects do not pose any significant environmental risk.

As Madigan tries to address any final concerns, he's also still negotiating a host community agreement with the Town of Batavia and the Genesee County Economic Development Center.  The agreement would ensure payments to the town of solar power generation.

"I have some concern over the timing of being able to get that host community agreement, to get the IDA, the town board and our team all together before your next meeting on October 4," Madigan said. "We are committed to working in good faith to come to an agreement. We presented draft terms to the town, but I'm not sure -- at the pace at which, you know, meetings come together and given our journey thus far -- I'm really hopeful that we could make that final execution of a number (amount of payments in the Community Host Agreement) a condition of approval since it is a town board function ultimately. That for purposes of the planning board, we get a condition that we have to make the town board and the IDA happy."

As much as Madigan wants to tie a bow on the project, the Hylkema family might be even more eager to ensure the solar farm for their property is approved. 

Kerry Hylkema said the solar farm on their private property represents a level of financial security they do not currently enjoy.

Her husband John, she said, is a U.S. Air Force veteran, and he worked in security for the Department of Homeland Security before reaching his required retirement age of 57 after 26 years of service. He is a cancer survivor who was exposed to contaminants at the 9/11 site shortly after the towers fell, and for six months following the attack.

"The income generated from this project makes up for the loss of half of his retirement should something happen to him," Hylkema said. "This secures my family's ability to stay in our home. At the end of the day, this project hurts nobody, is a benefit to the environment, and it keeps the land a viable option for farmland in the future. Please approve this solar project so we can finally plan for our future."

At a previous meeting, several community members spoke in opposition to the projects, and Dan Reuter, the owner of the property for the other proposed project, seemingly addressed some of the objections raised at a previous meeting.

"I'm an engineer by trade and I like to go by facts and not what we can all jump on in this internet rabbit hole, and come up with ideas that might be skewed in our favor," he said. "For me, it's all about facts. It's all about the truth. And you know a lot of these people that have been complaining really need to go to valuable resources, credible sources for information."

He said the projects are in compliance with all of the requirements.

"I don't see a reason why this should not be allowed to go through based on where we are today," he said.

Jasinski said she expects the board will be in a position to vote on final approval at its next meeting.

Top photo: Dan Reuter speaks to the Town of Batavia Planning Board Tuesday alongside Kerry and John Hylkema. Photo by Howard Owens.

 

Wine, scarecrows and pink pumpkins to set the scene downtown Oct. 1

By Joanne Beck

Shannon Maute is not a middle-of-the-road kind of person.

To the contrary, she readily admits that her thought process is all or nothing.

What’s this got to do with the upcoming Business Improvement District’s annual Wine Walk? Everything. Maute, BID executive director,  had already scheduled a scarecrow contest to align with the wine walk for ample decorations along downtown streets. Then someone asked Maute about pink pumpkins. Would it be possible to also dot the landscape with pink pumpkins for Breast Cancer Awareness Month?

“I’m usually like, go big or go home. I'm either doing nothing, or I'm doing way too much at once. So I decided that fall is pretty fantastic, so we needed to do a lot of stuff in the fall,’ she said Wednesday. “We were planning our scarecrows, and I had a neighbor of mine reach out to me, and she asked if she could do a pumpkin that had to do with breast cancer. And I said, of course, and she said, do you think that maybe downtown wanted to participate and do something for it? And I said, if you do a scarecrow that has to do with breast cancer awareness, I will paint downtown pink with pumpkins.”

And so you now have wine, scarecrows and pink pumpkin activities downtown, with the grand kick-off being the walk from 4 to 8 p.m. (VIPs) and 5 to 8 p.m. (general) Oct. 1.

Much of the fun leading up the Dead Celebrity-themed wine tasting has already begun with the scarecrow contest. Entries are due Friday, and individuals, families, organizations and businesses may participate. Rumor has it that Jackson Primary School will be pitching a scarecrow, and Maute said it would be great to get other schools involved.

The entry fee is $20, and registration can be made online at downtownbataviany.com, emailed to director@downtownbataviany.com, our mailed to the BID office at 200 East Main St., Suite 12, Batavia, NY, 14020. For more information, call (585) 344-0900.

Participants can pick up scarecrow supplies from 9 a.m. to noon this Saturday in Jackson Square. Supplies include wooden posts, straw and twine for the beginnings of your scarecrow. They may be put up the week of Sept. 25, and no later than Oct 1. They can remain up until Nov. 4.

Cash prizes will be given to first, second and third-place winners. Your creations will be prominently displayed for shoppers, visitors, and especially by Wine Walk attendees on Oct. 1. The public will be asked to vote for the Best Scarecrow and Most Creative HERE.  

Participants are welcome to go all-out pink with Maute when she hosts paint night from 5:30 to 7:30 p.m. at Lambert Park on Verona Avenue, Batavia. Mele Garlic Farms of Holley has generously donated 30 pumpkins to the cause, she said. Painting supplies will be provided, however, nothing, especially more paint, will be turned away.

“This will be a fun event where people can get together, show their creativity and bring awareness to our amazing downtown,” Maute said. “Any donations of pink paints are welcomed and appreciated.”

Not only has the pink pumpkin task put another angle on decorations, but it has motivated Maute to learn more about the topic, she said.

“I just started reading a lot about that, and knowing how breast cancer and just cancer, in general, affects pretty much everybody, I thought that would be a great way to bring the community together and do something fun, and make downtown look fantastic,” she said. “By October 1, I will have them all decorated downtown. So when everyone comes out for the wine walk, or who's driving down Main Street, they'll see all the pink, and the awareness will be spread for breast cancer.”

The finale, so to speak, is when several hundred dead celebrities gather to sample 24 wines and ciders at tasting stations throughout downtown. Glass Roots on Center Street will be hosting a Sober Station for designated drivers with pizza and other non-alcoholic refreshments.

This event is nearly sold out, but you can check with Maute to find out if any are available for purchase. For more information about any of these events, go to downtownbataviany.com, email director@downtownbataviany.com, or call (585) 344-0900.

Top Photo: BID Executive Director Shannon Maute shows a pumpkin that she decorated for Breast Cancer Awareness Month. Photo by Joanne Beck. File Photos of past scarecrow entries and the 2021 Wine Walk.

Convenience store at Lewiston and Main gets go ahead from planning board

By Howard B. Owens

A long-vacant retail location at 4169 West Main Street Road, Batavia, will soon open as a convenience store now that the man who signed a lease for the property has clarified his plans with the Town of Batavia Planning Board and the code enforcement officer.

Ali Musa started revamping the store, putting up lights and signs, before he cleared those changes with town officials.

Code Enforcement Officer Daniel Lang told planning board members on Tuesday night that over the decade, the file on the property has amassed 487 documents, including 21 different permits, and that after reviewing all of the documentation, Musa's business plan is in compliance with town code and the permitted use for the property.

"So it was not an easy task to get through everything," Lang said. "It was listed previously as retail so it's going from retail to retail, so there is not a significant change of use."

The project needed to come before the board for two reasons.  First, the property has been vacant for more than 18 months so the proposed use needed to be reviewed even though it isn't changing.  Second, the business sign for F&M Convenience needed approval.

By code, there was no requirement for a site plan review by the board.  The use is the same, the exterior of the building is not changing, the size of the sign on the building is unchanged, and the number and configuration of parking is exactly the same as it was for Clor's Meat Market.

"I just worry about the traffic," said Board Chairwoman Kathy Jasinski. 

Lang said, "Based on everything that I've reviewed throughout -- the traffic studies, and there were traffic studies done for every other use -- it doesn't change the use, so by the book, everything meets requirements and the parking lot itself, they have enough square footage for retail."

As for the sign, the proposed sign showed a misspelling. Musa said that would be corrected.  He also said he wanted to add to the sign "phone accessories."  

The board approved the sign with those modifications.

At one point, Musa apparently told the town that he planned to sell cannabis products. There was no discussion of such products being part of the new store's inventory.  

The Town of Batavia's code prohibits retail sales of cannabis products

Lang read a statement he received from Musa about what the store would offer: "Please be advised that we are planning on operating a small grocery store at this premises. We'll be selling groceries, beer, cigarettes, tobacco products, clothing and other miscellaneous household items."

Musa, who said he has operated businesses in Buffalo, said that at this time he does not intend to sell beer or other alcoholic beverages at his new store.

The final clarification had to do with lighting. Musa had installed flashing lights on the building.  Flashing lights are prohibited by town code.  Musa assured planners he won't have flashing lights.  Lang also clarified that any lighting on the property must have guards that keep the light from spilling over on neighboring property.

Once he had the board's blessing, Musa smiled broadly.

"Anything we could help with the community or anything we can come up with together," he said. "Thank you for today. We're happy to meet nice people in the area and we work together for the future. Thank you."

PreviouslyFuture convenience store planned for Town of Batavia

Top photo: Ali Musa, standing, speaking at Tuesday's Town of Batavia Planning Board meeting.

Photos by Howard Owens.

South Lyon Street Bridge replacement project work to begin Sept. 26

By Press Release

Press release:

Work for the replacement of the South Lyon Street Bridge over the Tonawanda Creek will begin Monday, September 26th. The bridge was closed in September of 2021 due to structural deficiencies that warranted a replacement. The existing bridge is a modernized version of a “Bailey Bridge” that was installed nearly forty years ago. A New York State Department of Transportation inspection revealed it did not meet the 3-ton minimum load requirement for vehicles to cross safely.

The project includes a new steel truss bridge that was built to meet current structural standards with increased service life and minimized maintenance costs. The bridge consists of two 11-foot lanes with 2- foot shoulders and a 5-foot sidewalk on the east side of the truss. The alignment of South Lyon Street will be modified to improve the intersection with South Main Street and approach work will include a seamless transition to the relocated intersection, existing roadway, and sidewalks.

A small portion of South Main Street will be closed to traffic beginning Monday, September 26th with detours clearly marked. The area of closure and the multiple options for vehicular and pedestrian traffic to avoid the area are visible in the included graphic. Current plans include closing this area of South Main Street during work in the fall, re-opening it to traffic in the winter, and then closing it back down in the spring to finish the bridge replacement work. 

Bench dedication in Le Roy part of ongoing revitalization effort in the Village

By Howard B. Owens

History, art, culture, and community all come together with the installation of four new black metal benches in the Village of Le Roy.

The project is the inspiration of Sarah Farmer, a co-owner of Farmer's Creekside Inn, and a businesswoman who splits time between Rochester and Le Roy.

"This all started in downtown Rochester where we were trying to get away from all the chaos of the riots and all the bad things going on, all the hate. And trying to do some soul-searching with some association members and businesses, and we ended up coming up with this project, called the Black Bench Initiative," Farmer said prior to a ribbon-cutting outside the Creekside Inn on Friday. "Basically, it is something creating a memory of historical significance of different landmarks and important things to each community that they're in."

For Le Roy, the touchstones are fishing in the Oatka Creek, the Barn Quilt Trail, the Jell-O Museum, and a Ginkgo tree. 

Rochester-area artist Stacey Mrva worked with Farmer on the themes and designed and built the benches.

Mrva started welding sculptures in steel while an art student at Syracuse University, and she has seen several of her sculptures become public art in the region.

"I'm an artist but also a craftsperson," Mrva said. "I make things and I like to work with my hands, but most of all, I like to create pieces that can be part of our everyday lives, making art accessible."

The project was made possible with the cooperation of the Village of Le Roy and a $15,000 grant from NYS Homes & Community Renewal through the Main Street Program.

"One of the things that we hope to do in the future is get some more suggestions to do six additional benches along Main Street," Farmer said. "It just creates a sense of gathering, an ability to come down Main Street."

Sarah Farmer and her father-in-law Bill Farmer have more plans to help revitalize downtown Le Roy.

They are going to turn the former bank building across the street into a multi-use event space -- a ballroom, a concert hall, a conference space that will accommodate up to 175 people.

"It will have a bar, a small dining room and a full kitchen," Sarah said. "You can outsource it for private events and weddings and we're gonna donate space to the community for youth banquets and proms and stuff like that."

The top floors will be converted to apartments, she said.

The Farmers also purchased the building next door that used to be a coffee house.  They hope to turn that into a bakery.

"We have to offer a breakfast at Creekside for hotel guests," Farmer said. "Ideally, it'd be really nice to be able to have a place where they can get breakfast earlier than nine."

Her inspiration for restoration and community involvement is her Bill Farmer, she said, who invested more than a million dollars and several years of work to restore the Creekside after a devastating fire gutted it and left it vacant for more than a decade. It's literally become a cornerstone of the Village of Le Roy since reopening in 2017.

"Main Street has been near and dear to my family," Farmer said. "My fearless leader, my mentor, Bill Farmer, he started this very much in the mentality of restoring historic Main Street and of revitalizing the community. I very much have taken that and been very much inspired by that. And I'm so excited to see what we can do in the future. And I'm just so grateful for being able to get this project (the bench project) here."

Top photo: Sarah Farmer, Stacey Mrva, and Shelley Stein, Le Roy's representative on the Genesee County Legislature.

Photos by Howard Owens

Art and nature come together for a project in full bloom

By Joanne Beck

It may come as no surprise that the Community Garden in Batavia is filled with colorful flowers, vegetables and foliage.

That scenery, however, is a flow of artistry painted on each side of five panels displayed at the garden on MacArthur Drive. At 8 feet tall by 4 feet wide, the panels complement the 50 or so plots of land — dotted with colorful flowers and vegetables — being tended to by local residents and organizations.

Artist David Burke of Bergen was commissioned to do the paintings. He is pleased with the outcome and hopes that the public will visit the garden area to see them.

“I just wish I started doing what I'm doing 30 years ago or more, but just the last six, seven years I had a little more free time. I was homeschooling our kids for a while two years ago so I was just always kind of busy, but I just realized I loved painting,” Burke said during an interview at the garden. “And so about seven years ago I just got to do way more of it, and the more I do it, the better I get, and the more I enjoy it.”

Community Garden folks had planned — twice, actually — for an unveiling celebration at the site, however, Mother Nature, as she’s known to do on occasion, had other plans. Rain and wind forced organizers to postpone each unveiling, including a week ago. Jocelyn Sikorski, executive director of Cornell Cooperative Extension, said that perhaps it will be moved to next spring.

In the meantime, spectators can view the artwork from the park side and the high school side. The project was grant-funded and the original idea was “to bring some art up to the garden,” garden committee secretary Richard Beatty said.

Beatty worked on the state grant application for $5,000, which was awarded through Genesee-Orleans Regional Arts Council in December 2021. The money was used for the purchase of materials and to hire Burke — through a committee application process — for 10 panels. They were going to be individual hangings, but discussions about strong winds and how to best place them resulted in five panels, with one mural on each side of tall wooden backboards just inside the southern fence.

The artwork took Burke about two and a half weeks to complete, beginning with one and then working his way down the line so that all 10 were a cohesive mural, as originally planned. A member of GO Art! and artist for both indoor and outside works at the East Main Street site, Bergen Library and Grass Roots, Burke’s muse was often nature — “we did a lot of landscaping and gardening” — he said about himself and his wife.

He recalled having done his first oil painting at 10, and that it was so much fun. As he grew older, though, it became more of an “off and on” thing, the 66-year-old said.

Burke has more recently gotten into abstract expressionism versus what’s in the garden: very large, colorful, unmistakable creations of nature. He wishes that he had taken more art classes at Genesee Community College, where he attended in the mid-70s, he said.

“I just really, really enjoy the tactile physical act of painting,” he said.

Working out the concerns of wind wreaking a little havoc with the artwork, and transfer of the garden from the city to Genesee County’s Cooperative Extension took a little time, Beatty said, but garden committee members are happy with the final layout.

“I think everything turned out very well. They look great,” he said. David is set up so that … they're a nice theme on both sides. So this year, you know, we'll see one side and next year we'll see the other side, and having a vantage point for the folks up at the ballgame.”

The painted panels are situated between a chainlink fence and an audience of pumpkins, vivid pink zinnias and cornstalks. Gardeners are planning to augment those with sunflowers next year, Beatty said.

Committee member and Master Gardener RaeAnn Engler appreciates the grassroots type of project the murals have become.

“The gardeners get to see it and it's colorful and it's cheerful, and I guess that's it. It just accentuates the garden, and in what we're doing here, and it's a mix of vegetables and flowers, and color. The garden itself is to see it when we first plant it is so it's so neat to watch it develop,” committee Engler said. “So far we've got corn growing in front of the panels, which are kind of, one could say they're blocking it, but others say it's accentuating it. It's just really neat how integrated it is.”

The city of Batavia was the original recipient of the grant since the garden was still under city ownership in 2021, however, earlier this year City Council voted to transfer the garden over to Cooperative Extension since it seemed more aligned with the Extension’s goals and Master Gardener program. That transfer has also opened up the garden and board memberships to anyone from Genesee County.

The Community Garden is “a very inexpensive proposition,” Beatty said, listing the prices for three different options ranging from $25 to $35.

“There's full water service. We have a whole bunch of master gardeners that are available for consultation for bugs and the various things that afflict one's garden. So the garden itself is great,” he said. “I have to admit, I was a little dubious of the whole artwork thing, but boy, it looks terrific. It really, really does.”

“A nice plus is to give David some more work … it helps an artist continue to be an artist,” Beatty said. “Sure, that's very important.”

Photos: Artist David Burke of Bergen shows the artwork he painted for the Community Garden in Batavia. The garden is on MacArthur Drive, next to the tennis courts behind Batavia High School. Photos by Joanne Beck.

Tropical Smoothie and Jersey Mike's planned for former Kmart parking lot

By Howard B. Owens

Tropical Smoothie (the business name speaks for itself) and Jersey Mike's (a sub shop) are heading to Batavia, according to paperwork filed by Benderson Development with the Town of Batavia Planning Department. 

The food chains will be part of the two buildings planned for the currently vacant former Kmart parking lot, Code Enforcement Officer Daniel Lang informed the Town of Batavia Planning Board on Tuesday night.

After the meeting, Lang said he couldn't confirm that Starbucks is also one of the planned chains for the new development.  He said Benderson has yet to file any development plans that explicitly include Starbucks.

That's been the rumor, and a "coffee shop" is listed as the drive-thru occupant for one of the two planned buildings on the property, but Lang said in an interview after the meeting that he has nothing official to say that the coffee shop will be Starbucks.

Benderson is planning two buildings in the parking lot. Each will have a drive-thru and contain more than one business.  Benderson has so far indicated that one building will contain the coffee shop, Tropical Smoothie, and Jersey Mike's, but no occupants have been submitted yet for any portion of the other building on the property.

"They have approval for two outbuildings in front of the Kmart," Lang said.  "We only have the permitting right now, everything paperwork-wise for the building shell for the one building, and these are two of the uses going into that one building."

He told the board, "I don't have anything on the second one yet. Once I get it, I will advise you guys of what they are and we'll move forward."

There's no word yet on what might become of the hulk of the building that used to be Kmart on Lewiston Road.

Martha Bailey named LeRoyan of the Year

By Press Release

Press Release:

Botts-Fiorito Post #576, American Legion, Le Roy, would like to announce with great pride and pleasure Martha Bailey as its selection for the 2022 “LeRoyan of the Year Award."

The “LeRoyan of the Year” is to recognize people who demonstrate the following qualifications and attributes:

  • The man, woman or child who exemplifies the true spirit of Americanism, its ideals, love of the flag and country, regardless of race, creed or color.
  • Good citizenship – by carrying out these principles, often beyond that expected of him or her.
  • Service to the community – signified by excellence in a life of purpose and accomplishment.

Martha has been a resident of Le Roy for the past 39 years along with her husband Russell. 

She has two children Jaime (David Fetzer) and a son Christopher Bailey, along with seven grandchildren. 

Martha is currently employed as an office manager by SmartDESIGN Architecture in Batavia, with past employment at WBTA Radio and Tompkins Insurance. 

Martha is well known as the owner of  Martha’s Smoke Shop, which was on Main St in LeRoy for many years.

Martha’s long list of volunteer work includes being a member of the American Legion Auxiliary, a Past member of the YWCA of Batavia, chairperson for the Le Roy Board of Assessment Review, Le Roy Business Council (where she chairs the annual golf tournament along with the Le Roy’s First Night (New Year's Eve). 

Martha is very involved with the Le Roy Rotary, where she was past president, past assistant governor, Rotary Institute chairperson, past Milne board member, as well as a two-time Paul Harris recipient.   She has chaired many Rotary functions as well as the implementation of Rent-A-Rotarian, REAL (Rotary Excited About Literature), RAMP (Rotary Assistance Music Program), Rotary backpack and Knights Closet.

As a Lifetime member of the Women of the Moose, she was a past winner of Moose of the Year, she is now the first woman elected to a three-year term on the Le Roy Moose board of trustees.  She is the chairperson for many events that benefit many different organizations including, winter coats and accessories for the needs of Wolcott Street School students, Le Roy Jr. Sr High School’s Knights Closet, Crossroads House, The YWCA Safe House and various small club activities.

Martha is a MASTER ticket seller and a PRO at gathering door prizes for all of her events.  If you see Martha coming get your wallet out its going you cost money (always for a great cause).  

To honor Martha, the 53rd Annual LeRoyan of the Year Award Dinner will be held on Oct. 15.  Social hour is at 6 p.m. with dinner served at 6:45 p.m., at the American Legion at 53 West Main St., Le Roy.  A limited number of tickets will be available starting on Sept 23, 2022, at the American Legion Tue through Saturday from 5 p.m. to 11 p.m., or by calling Joan (585) 721-7801.   The cost is $25.00 per ticket (check or cash only).

Photo: Martha Bailey on Friday evening at the Chamber of Commerce 50th Anniversary Celebration. Photo by Howard Owens.

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