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Listen To The Music (What the people need is a way to make them smile ... The Doobie Brothers)

Throughout my life music has been both a source of joy and a cause for regret. On thr positive side, I listen to or watch music every single day. It is one of the things I absolutely have to have in my life and I find it hard to imagine being without it. Going to see and hear live music is something I do all of the time, and I really missed it through the two years of the pandemic.

However, I constantly regret not ever learning to play an instrument and reading music. Like a lot of other things I didn’t do in my life, it was a result of shyness and insecurity mixed in with the lack of available resources. In elementary school (St. Mary’s) and high school (Notre Dame) we had no instrumental music instruction at all.

My brother Dan was a member of St. Joseph’s Drum Corps, and I was too shy to join. As an example of my reticence, when I was 9 or 10 my mother signed me up for swimming lessons at Godfrey’s Pond. When the time came to go, I hid in the closet, and she had to threaten to call the priest to get me out of there. Of course, once she got me there, I was fine and loved swimming.

When I think about being a little kid, I really don’t recall much about music then. I was more interested in sports: I can remember a football game I watched on TV in 1954 when I was 7. My parents, like everyone from the World War II era, loved Big Band music, so I probably heard some of that on the radio. My Aunts Kate and Peg wouldn’t miss “The Lawrence Welk Show” every Saturday night, but a kid wouldn’t admit to their friends that they watched that. Every weekday morning my mom had on the “Clint Buehlman Show” (“yours truly Buehly”) on WBEN Buffalo while we ate breakfast and got ready for school. But he was an avowed rock and roll hater and wouldn’t play any of that “noise.”

Vinyl Countdown

Eventually, I did start listening to some of the DJs, and I distinctly remember the first two records I ever bought. The first was “Singing The Blues” by Guy Mitchell in 1956, and then “Come Go With Me” by the Dell Vikings in 1957. I think they might have been 78 RPM records, but I’m not positive. The former was kind of country-ish and the latter was “Doo-Wop,” so I think my mom didn’t complain too much when I played them on our very basic record player.

A Christmas present which really made a big impression in my music life was a little red transistor radio with an earphone I got when I was 12 or 13. Up until then I had to share the family radio with my parents. The transistor meant I could listen to whatever I wanted, whenever I wanted. And I could plug the earphone in and only I could hear what was being played.

At that time in the early '60s, WKBW 1520 on the AM dial from Buffalo was getting a reputation as a powerhouse of rock and roll broadcasting. DJs Tommy Shannon, Joey Reynolds, and Danny Neaverth were all “spinning the hits” for a wide audience, which definitely included me.

Tommy Shannon was one of the early cool DJ's who drove a Corvette and reputedly dated Ann Margaret. He wrote his own theme song which I'd bet many people could still sing today: “Top tunes ... news and weather. So glad we could ... get together. On the ... Tom Shannon show.” The group Rockin' Rebels did an instrumental version that became a top 10 hit in 1961.

Joey Reynolds (real name Joey Pinto), in between playing songs, was an early predecessor to “shock jocks” like Howard Stern. He would break records he didn't like, argue with callers, and just generally adopted an over-the-top persona. When he eventually got fired, he nailed his shoes to the station manager's door with a note that said, “Fill these!”

Danny Neaverth was a home town Buffalo boy who was on WKBW for 25 years. He made appearances at local schools including one time at a Notre Dame dance that I attended. At one point he asked for a volunteer to come up on stage, and I was too shy, but my “friends “ volunteered me by carrying me to the stage and dumping me up there. I don't recall what I had to do, but I'm sure my blushing face was as scarlet as a fire truck. Neaverth was also the public address announcer for the Buffalo Bills football and Braves basketball teams.

Regardless of their radio personalities, it was mostly these three DJ's who introduced me to Dion and The Belmonts, the Shirelles, the Beach Boys, and eventually to the English explosion of the Beatles, Dave Clark 5 and the Rolling Stones.

(L to R) Joey Reynolds, Tommy Shannon, and Danny Neaverth of WKBW 1520

Television Tunes

As far as seeing bands, the best place to do that was on “The Ed Sullivan Show” on TV. Of course, there was the infamous Elvis Presley swivel-hipped debut in 1956. Buddy Holly, The Four Seasons, and The Beach Boys all had appearances leading up to the debut of the Beatles in February 1964. I had just turned 17 and was in my senior year at Notre Dame, and I was watching with millions of others. My biggest memory of the show was an audience of screaming teenage girls who seemed to be having, in the words of “The Count Five” song a couple years later, “a psychotic reaction.” (As a side note, that crowd craziness was what caused the Beatles to give up playing live.)

There was also “American Bandstand” with Dick Clark. I think more girls watched that for the dancing. Plus, the songs were lip synced, not live. A funny part to me was when they'd choose a boy and a girl from the audience to rate a record. Practically every time one would say, “Dick, I'll give it a 10 because it's got a good beat to dance to.”

Then, in college years, there were two shows called “Shindig” and “Hullabaloo.” They had on all the famous bands (plus go-go dancers). Back then in college, no one had a TV in their dorm room; there was one in the lounge, but hardly anyone ever watched it except for when those shows came on. Then the room was packed.

Going Live

As far as actually seeing live music in person, we were pretty much limited to local teenage bands like Batavia High's Cryin' Strings in the basement of St. Mary's Church, or at school dances, due to not being old enough to drive. I have a friend I met in college who went to Toronto in 1964 and 1965 when she was in high school to see the Beatles, but that was way out of my league. She probably still suffers vocal chord problems from it.

In June 1964, though, a rock and roll show actually came to Batavia at the Mancuso Theater, and I wasn't going to miss that. I don't remember who I went with, but I'm hoping it was a girl. I did have a sort of girlfriend my senior year, but since I didn't have a driver's license or a car, I was lucky she tolerated me.

The headliners were The Searchers from England. Part of the “British Invasion,” they had a couple of hits with “Needles and Pins” and “Love Potion #9.” I remember thinking at the time, “Wow. A real English band in Batavia.” In doing some research for this story I heard from a woman (a young teenage girl then, of course) who said that she and some of her friends talked their way onto the tour bus and she kissed the drummer. There's a memory to last a lifetime! I bet she wishes “selfies” was a thing then.

Other bands on the bill were Ronnie Dio and The Prophets. I don't remember them, but years later he became the guitarist for Black Sabbath, The Dovells (a choreographed dancing boy band who had a hit with “Bristol Stomp”), and Dick and Dee Dee who sang “River Deep, Mountain High.” I was surprised to find out Dick had the high falsetto voice. There were two shows and five bands, so some of the groups must have done only two or three songs. It was emceed by Danny Neaverth, who seemed to be everywhere back then. I wouldn't put it anywhere in the top shows I've seen, but it's memorable for being the first.

The event that really turned things around for my music experience was going to college. In September 1964, I was off to St. John Fisher College (now University) in Rochester. Between the guys in the dorm and the girls at Nazareth just down the road, I became exposed to a lot of different tastes and genres. Eventually, between the two schools and being in Rochester, I got to see a lot of bands and groups. Nazareth had an especially nice theater which hosted some great shows.

When I came back home for the summer, Batavia really didn't have any national touring band venues, but about 15 miles north on Route 98 in Albion there was the Oak Orchard Lanes. For most of the week it was a bowling alley, and on weekends they covered the lanes with plywood and set up a stage and sound system. I didn't have a car yet, so I had to ride with friends who drove way too fast. Closing my eyes and gritting my teeth all the way there and back, I always thought it was worth it to see good bands.

Some of the groups I remember seeing there were The Association (“Cherish” and “Windy”), Shadows Of The Knight (“Gloria”), Los Bravos (“Black Is Black”) and the Swinging Medallions (there's a '60s name for you) which had a hit with “Double Shot Of My Baby's Love.”

There was a band from Toronto called The Mandala and dressed in gangster-styled suits and used strobe lights which I had never seen before. They had a minor U.S. hit with “ Love–itis.” All in all, no really long-lasting famous bands, but it was something to do and some pretty decent music. When I was researching this part of my story, a lady named Gail who used to frequent “The Lanes” back then had been there recently and took some photos that she shared.

Photo courtesy of Gail Williams

Burn Baby Burn

Another summer college destination was The Inferno, a big venue in Williamsville east of Buffalo. The main draw for going there was the weekly appearance of Wilmer Alexander and the Dukes. Wilmer was a black R&B singer from Geneva, fronting an all-white band. Immensely popular in the Western NY area, The Dukes drew sellout audiences wherever they played, with their signature crowd pleaser being a cover of The Four Tops’ “Reach Out.”

I also recall seeing Junior Walker and the All Stars there doing “Shotgun” and “Road Runner.” The night I saw the Paul Butterfield Blues Band, I was standing in the back watching an opening act, and glanced to my side and Butterfield was standing next to me in all of his black-leather-jacketed glory. What did I say to him? Well, it was me, so I just stood there pretending I didn't see him until he walked away. Again, an iPhone 13 would have come in handy.

Ironically, I was kind of a soul music/R&B fan at that point in the summer of 1967, and it was at that venue where soul was king that I had an experience that changed my whole musical taste. In addition to the main room at the Inferno, there was a another glass-enclosed smaller room which featured a second act. One night I didn't care for who was playing in the big room and decided to check out a band called Salvation Navy. I don't know who they were or where they were from, but the music they were playing blew me away.

That May the Beatles had released “Sgt. Pepper's Lonely Hearts Club Band.” I was somewhat of a Beatles fan (who wasn't?), but hadn't seriously listened to that album yet. Well, the Salvation Navy, whoever they were, played that album note for note and chord for chord, and I don't see how the Beatles could have played it live any better themselves. I was entranced, and from then on my head went in a whole different direction in my musical taste.

Unfortunately in September 1968, The Inferno lived up to its name and burned to the ground, ending its several year reign as a go-to music venue.

A local Batavia spot I should mention — although most went there for the girls and drinking rather than the music — was Columbo's Clinton Lounge on Clinton Street Road. It was definitely misnamed, because you wouldn't go there to actually “lounge” or even drink out of a glass. But on Saturday nights, they regularly had a band from Rochester called King Arthur And The Knights. My clearest memory of them is the cover they did of The Four Seasons' “Can't Take My Eyes Off Of You,” which was great for some serious slow dancing with a certain girl.

In my final couple of years of college, and with getting a car, I really began to see a lot of big time bands, both in Rochester and elsewhere. After graduation I kept up my love of going to live music all through the '70s until the '80s when I had children. There were few shows in the next 20 years, but most of my time was taken up with child- centered activities, particularly softball.

When the kids got old enough to “fly from the nest,” and especially when I retired from a 33-year teaching career, I resumed going to concerts in earnest. I certainly don't pay $3-$5 for a ticket any more, like in the old days, but it's worth it to me to be entertained. It's also different than attending sporting events, because you don't leave sad if your team loses.

In recent years I have also become a poster and ticket collector of concerts that I have attended, and my apartment looks like a mini rock and roll hall of fame. It's fun to look back all those years ago and remember how my love of music started and developed, and grew into something that gives me so much happiness today.

I just keep asking myself one question though: why couldn't my mother have broken out the priest threat to get me to take music lessons instead of swimming?

"I've got a firecracker feeling," sings Jocelyn Arndt, lead vocalist in the brother and sister duo, Jocelyn & Chris, headliners Saturday night at Jam at the Ridge, and she certainly does.

Jocelyn lit up the stage while Chris laid down some tight groves and slinky guitar riffs during a high-energy set on a clear summer evening.

The Arndts have been writing songs together since they were in middle school in their hometown of Fort Plain, about 30 minutes west of Albany.  Since then, they've built a solid career based on hook-laden pop-rock songs highlighting Jocelyn's high-energy dynamics and her Janice Joplin-like powerful, blues-inflected vocals.  They've appeared on Paste Studio, Jam in the Van, and The Today Show.

Jam at the Ridge co-owner David Luetticke-Archbell is certainly impressed with Jocelyn & Chris, and said he intends to bring them back in future concert seasons to help them build a local following.

Previously: Brother-sister duo from Upstate to headline Jam at the Ridge on Saturday

Photos by Howard Owens.

 

Story submitted by Thomas Pitcher

In early July of 1863, Henry Clay took a bayonet in the arm. 

Clay, a slave, was trying to escape the victorious Federal army at Gettysburg. His Confederate master had either been killed or also taken prisoner by the Union Army. Following the aftermath of this decisive battle, nearly 7,000 rebel prisoners were taken to Baltimore’s Fort McHenry. Less discussed is the 64 captured African American slaves, like Clay, brought into the war to cook and clean for the southern army.

Lynne Belluscio, LeRoy’s town historian, first mentioned “the other Henry Clay” in 1998 and then with a more detailed article in the LeRoy Pennysaver in 2014. Through her research, we learned that Clay was born in Washington County, Georgia in 1849.

While the information is scarce, Clay’s place in American history is nothing short of remarkable.  

Six months before the Battle of Gettysburg, President Lincoln issued the Emancipation Proclamation, freeing slaves “within the rebellious states.”  Despite the 4 million enslaved African Americans, the order’s immediate impact was only felt by the roughly 50,000 slaves in Confederate regions occupied by the Union Army. Gettysburg’s aftermath served as an important litmus test for Lincoln’s proclamation, specifically the treatment of Confederate slaves captured in battle.  

Five weeks after Gettysburg, the commissary general of prisoners in the U.S Army, Colonel William Hoffman, declared that “captured [African Americans] are ranked as camp followers and therefore prisoners of war.”  This meant that slaves like Clay would be returned to their masters as dictated through the prisoner exchange system.  
Colonel Peter A. Porter didn’t buy it.  He believed that captured slaves “be employed in the service of the Government as paid laborers – thus rendering service to the Government and avoiding the return to slavery .” Raising the stakes, Porter suggested that the decision was beyond Hoffman’s jurisdiction and that “it be forwarded to the Secretary of War.”  

The Union Army sided with Porter. Of the 64 slaves captured at Gettysburg, half of them chose freedom and remained in the north. Sixteen joined as cooks in the regiments stationed in Baltimore.  Henry Clay, only 14 years old at the time, joined Porter’s regiment as a cook in Company I, a group of men exclusively organized in Genesee County. 

I’ve been researching the 8th N.Y.H.A for fourteen years and up until Belluscio’s discovery hadn’t come across a documented former slave within the regiment’s ranks.

From that moment onward, Clay’s life would only get more interesting. He was modest about his role in the regiment.

“It wasn’t much to be a cook in the army. I could carry water and peel potatoes and do things like that.” 

But it appears he may have done much more. While not on official muster roles, Clay was counted amongst the soldiers in several reunions held for the regiment after the war. He’s also listed as the first African American Civil War veteran in Genesee County.

By the end of 1863, Clay had already been present at several battles leading up to Gettysburg while a servant in the Confederate Army.  Colonel Porter’s regiment left Baltimore for the field that following spring. Clay would now be dressed in blue for Ulysses S. Grant’s invasion of Virginia; battles such as Wilderness, Spotsylvania, North Anna, and the Siege of Petersburg.  

One battle stands out. On June 3, 1864, Porter’s regiment, along with several others, were ordered to charge confederate breastworks at Cold Harbor, Virginia. History has looked unkindly on Grant’s decision to send so many men to their death on that blistering hot Friday morning. Colonel Porter’s last words were “follow me boys” before he was riddled with bullets. The story concerning the recovery of his body by several members of the regiment, under heavy fire, was re-told countless times at every reunion.  According to different sources, there was either five or six men involved in that mission. As a result, one of them was awarded the Medal of Honor. Why the others were not held with similar praise is as large of a mystery now as it was when the medal was issued 34 years after the battle in 1898.

It’s not known if Henry Clay ever discussed what his role was at Cold Harbor while he was alive. However, one 1925 obituary needs attention.

“Mr. Clay was born a slave and was with Colonel’s Porter regiment when that gallant soldier laid down his life at Cold Harbor. He was a member of the detachment which retrieved Colonel Porter’s body.” 

There is a certain type of karma here that can’t be lost – one individual campaigns for the others' freedom while the latter, risks his life rescuing his dead body.   

After the war, Clay moved to Batavia, married and took jobs as a farmer, janitor, and bank teller. Through the individuals mentioned in his will, we learn that Henry Clay was born to Henry “Hugh” Mayweather and Caroline Williams, two slaves from Sparta, Georgia. They may have been sold to William Monroe Clay of Washington County sometime in the 1840s or 1850s.  He was a wealthy plantation owner who had three sons and a son-in-law who fought with the 49th Georgia, a confederate regiment at both Fredericksburg and Gettysburg where Clay was present.

In 1889, Clay returned to Georgia to visit family. Upon arriving there, he learned that his old slave master was dead. He didn’t provide a lot of details on the trip other than the fact that his “friends tried to persuade Henry to remain in Georgia, but his heart was in Batavia.”

Le Roy Police Officer Emmalee Stawicki saved a life in the early morning hours of July 22 after responding to a report of a disturbance on Gilbert Street in the village.

Stawicki secured the scene and then observed an adult male with a severe cut on his arm.  His bleeding was uncontrolled, and he had significant blood loss.  Based on her training, she suspected the victim had sustained an arterial cut, which is potentially life-threatening.

Stawicki applied her department-issued tourniquet on the victim's arm, which controlled the bleeding. EMS also arrived to assist at the scene. The victim was transported by medics to the hospital for further treatment.

Based on an investigation, it was determined that the victim put his arm through a window during the disturbance which resulted in the arm laceration, according to a statement issued by Le Roy Police Chief Gregory Kellogg.

Kellogg said, "LeRoy Police Officers are trained to use a variety of life-saving measures such as the application of tourniquets, Automatic External Defibrillators (AED), administration of Narcan for opioid overdoses, First Aid and CPR."

Editor's note: This is a continuation of a series about what's happening in the city of Batavia.

So to recap: city officials have begun to replace the mall concourse roof and pursue a new design for the four silos, or entryways, and are creating a wish list for future projects.

While nearly a million dollars have been invested in the roof, the naysayers are bemoaning such wasteful spending. The question of why not tear it down has been answered — more than once — which means to shift perspective from giving up to leaning in and finding affordable options for making the concourse more attractive, appealing, and effective for drawing in customers, city leaders say.

One action item that’s free and can be useful is just what some city officials have been doing: brainstorming.

Batavia Development Corporation’s new director, Tammy Hathaway, said she’d first like to “trip right into a giant pot of money” for the ideas she could come up with for the mall. So far, though, there have been conversations with city management and real estate agents.

“I don’t think any one of us doesn’t have it as our own personal priority,” she said during a recent group interview with city officials and The Batavian. “You know, working in the city of Batavia, actually working in this building, we work here, so we see it every day. And so it’s definitely something we think about constantly.”

Money — or the lack thereof — sort of tables some brainstorming ideas because any structural or aesthetic changes will take money to happen. City Manager Rachael Tabelski is hoping that perhaps the Restore NY grant, overseen by Gov. Kathy Hochul’s office, might consider the mall concourse for funding.

“So we’re trying to determine whether the concourse would be eligible because it serves so many businesses for those grant funds, so that’s kind of in process now,” she said. “We’re looking to work with Empire State Development to see if we’re eligible.”

Has there been any progress with filling the former JC Penney building?

Hathaway said that the property has “gotten a lot of traction out there in the world,” and Genesee County Economic Development Center has been involved by talking to various companies with possible interest, she said. The property is owned by a developer in California and is being marketed by a real estate company in Rochester.

As for using the concourse, any interested organization or business can fill out an application to rent the space for $25 and put on a special event, Tabelski said.

“We hope that there's excitement growing in Batavia; there was the development project for the groundbreaking at the YMCA Healthy Living campus and Savarino (Ellicott Station project),” she said. “Because a lot of times those types of developments are seeing companies and developers, and it piques their interest to come to have a look at what the city has to offer, and it's certainly a very large space and a very prominent location in the city.”

A big part of the aesthetic shift will be with the silo work, Public Works Director Brett Frank said.

“That'll make it more inviting to have people come in,” he said. “And exterior renovations will make a huge difference. You know, eventually as funds are made available, redoing flooring, painting, anything like that. it will make a huge impact as well. It's just going to take a lot of sweat equity.”

Hathaway believes that once Theater 56 is fully built, and the “manicuring” of different pieces within the mall, it will be a similar experience to finally seeing City Hall take shape at the west end of the former Genesee Country Mall.

“I think we all felt a little bit of relief when we saw City Hall built at the end of it, like there’s something new,” she said.

What about those oddly shaped, carpet-covered pieces of — are they furniture? — throughout the concourse; will they be removed or altered?

“That's a good question; that's probably a bridge we'd have to cross when we get there,” Frank said. “But that's not something that necessarily can't be upcycled.”

Tabelski and Frank agreed that the entire property would probably lend well to mixed-use, with perhaps a second floor for apartments, the current businesses of retail and medical services, and, ideally another restaurant or coffee shop, more retail and possibly bringing the outdoor Farmers Market indoors.

“I think it's more successful as a mixed-use that definitely has medical and insurance as mainstays of the owners, and I do think there's still retail that's going to be necessary there to support the employees who work at these medical facilities, and who are at the theater as well,” Tabelski said.

“So to me, I think it's more attractive if there's a mix of uses going on at the center,” she said.

Water and Wastewater Superintendent Michael Ficarella is looking for “an overall revitalization, or modernization” of the downtown space.

“And we can have events that benefit the community,” he said. “I think we're going to do our best to maximize what we have here in existence, and take what was left from the past and make it usable for our future.”

Top file photo from 2020: renderings of City Centre mall entryways and concourse that were considered a couple of years ago. Courtesy of LaBella Associates and the City of Batavia. 2021 file photo of City Centre with a decorative bucket in March and fixed furniture pieces behind it. Photo by Howard Owens.

Despite the calls of alarm for a scheduled ReAwaken America visit next month, Genesee County officials are hopeful, or at least reassured by the Sheriff’s Office, that the concern may be for naught.

The Batavian asked legislators for comment, and the Sheriff’s Office for a security plan, regarding the impending and irrefutably controversial tour that’s making its way to several states, including Batavia, New York.

“We’ve received a few complaints,” Legislator Gary Maha said after Wednesday's Legislature meeting. “We have no authority to stop it from coming to the church. We have spoken to the sheriff to make sure he’s aware, and that extra time is taken to make sure that the public is safe.”

County Manager Matt Landers said that of the people that reached out to him directly, the majority were on the “con side” of the pro-con issues expressing their concerns.

“However, after speaking with the sheriff, he has had one of his chief deputies, I believe, doing the investigation, speaking to other communities that have hosted these events. And I've been pleased to find out that there have not been any reported issues of the magnitude of the concerns that have been raised to me,” Landers said. “The concerns have been about the element that comes into our community, as far as any kind of disruptions, any kind of fights, any kind of lawlessness. None of those have occurred in the research done by the sheriff's office, which was heartening to me.”

Legislature Chairwoman Shelley Stein had but four words after Landers' response: "He took my words."

Brian Frieday, chief deputy on road patrol for the Sheriff’s Office, said that he has been in contact with Pastor Paul Doyle of Cornerstone Church, who agreed to host the tour, and Frieday expects additional discussions “regarding security and what is expected there.”

“Any information we receive will go toward planning for our potential presence in the area,” Frieday said.  “We have reached out to other jurisdictions that the event was held in and have had no reports of any confrontations or violence.” 

While that information has provided some relief for Landers, the actual basis of the tour is another thing altogether.

“As far as the content that goes out of the church like that, there’s freedom of speech, and the government can't take a position,” he said. “Personally, as a citizen, I'm not a fan of the rhetoric that comes out of an event like that. But as a county, the position that we're taking is that the free speech issue that they are entitled to, we have our local law enforcement … ensuring everything is gonna go smoothly, and I have all the confidence in the world that everything will go smoothly.”

Legislator Marianne Clattenburg wasn’t even certain what “reawaken even means,” she said. She does have faith in the people of Genesee County to act responsibly.

“This county tends to be very peaceful and tolerant of one another,” Clattenburg said. “Hopefully it goes off smoothly and they have their peaceful assembly.”

She, Maha, and Legislator John Deleo wondered if there would be a traffic issue, considering the possible volume of people from other counties attending the two-day event. The tour was originally scheduled in Rochester until the venue operator backed out due to protests and heavy pressure not to host — and thereby approve of — the event in Monroe County.

One potential scenario is that, in addition to those from Genesee County, flocks of other people from out of the county may also attend. It wouldn’t be the first time that parking was tight at Cornerstone, as last year’s tent meetings required extra security, traffic guards, parking up and down Bank Street Road, and an extra parking lot across the street at Batavia Soccer Park.

Maha and Clattenburg said that the soccer park would not be an option this year.

Legislator Brooks Hawley said that he has received “one email and one phone call,” and was going to respond to them Thursday. The event is at a church, and that means “it’s not really under our control,” he said.

Chad Klotzbach and fellow Legislator Gordon Dibble had little to say about the event as county officials. They didn’t feel it was in their jurisdiction to offer comment, and Dibble added that “I don't know enough about it to really give an educated comment.”

The tour is set for August 16 and 17 at Cornerstone Church, 8020 Bank Street Road, Batavia.

Photo by Lisa Casey of Genesee County legislators at Genesee County Fair this week.

Former State Sen. George Maziarz has ended his lawsuit against the Western Regional Off-Track Betting Corp.

On Monday of this week, a “Notice of CPLR 3217 Voluntary Discontinuance” was filed in the Erie County Supreme Court, with pertinent wording as follows:

Please take notice that the Complaint in this case is voluntarily dismissed pursuant to CPLR 3217, without prejudice.

According to New York State Law, CPLR 3217 (a) CPLR 3217 (a) allows a brief window for a plaintiff to withdraw, or voluntarily discontinue, an action, without requiring either a stipulation of any appearing parties or leave of court. Plaintiff needs to serve a notice of discontinuance on all parties before a responsive pleading is served or within twenty days of the service of the complaint.

Contacted by email today through a representative of his, Maziarz replied, “My lawsuit against Western Regional Off-Track Betting has been voluntarily withdrawn at the request of a law enforcement agency.” He had no further comment.

In May, Maziarz, who represented Niagara County in the State Senate from 1995-2014, took legal action against WROTB and its leadership, following up on a state Comptroller’s Office report that officials of the public benefit company misused tickets to sporting events and concerts and provided gold-plated health insurance policies to appointed board members.

Maziarz was suing to have funds returned to WROTB’s 17 member municipalities, including Genesee County.

Attorneys for WROTB proceeded to file a motion to dismiss prior to a ruling. Earlier this month, the state Supreme Court Appellate Division, Fourth Judicial Department, upheld a March 25, 2021 decision by (then) Genesee County Supreme Court Justice Charles N. Zambito that Maziarz was not entitled to attorney’s fees and litigation costs incurred during a Freedom of Information Law proceeding to gain records from WROTB.

The Batavian reached out this afternoon to WROTB President/CEO Henry Wojtaszek for his reaction to the lawsuit’s dismissal.

“As we said when it was filed, this was a frivolous lawsuit and a publicity stunt. We were very confident that it would be dismissed, and it has been,” he said. “We are very happy that Batavia Downs continues to generate increased revenues and that we are able with to return that money to our member municipalities at a record level.”

Wojtaszek added that he and the WROTB board view the dismissal “as an attempt (by Maziarz) to limit his embarrassment in regard to the frivolous lawsuit.”

Maziarz was represented by Advocates for Justice, New York City, while WROTB was represented by Hodgson Russ LLP of Buffalo.

File photo of George Maziarz taken by Howard Owens.

Previously: WROTB hires Buffalo law firm to oppose suit filed by Maziarz; Park Road traffic patterns set to change

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Ricky Palermo couldn’t have been more appreciative this morning as he accepted a $20,000 check from Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., to support the Ricky Palermo Foundation for spinal injury research.

The funds represent ticket sales, food vendor and chair rental fees from the "Bruce in the USA" concert that took place on June 10 at Batavia Downs Gaming on Park Road.

Palermo credited Ryan Hasenauer and the marketing department staff at WROTB for making the concert happen and the community for getting behind it.

“We've never done anything this big before,” he said in front of a small gathering in the casino lobby. “I can’t say enough how much we appreciate it. Every time we had a question either Henry or Ryan or one of the girls would get back to me. It made life a lot easier.”

He said that the foundation has raised more than $1.7 million over the past 26 years.

“It’s kind of amazing when you think about that,” he said. “We couldn't do it without the help of everybody -- everybody in our community.”

Palermo noted that people who attended the concert have reached out to him, looking for answers in regard to getting help for a spinal injury.

Contributions to the Ricky Palermo Foundation are distributed to four entities, Palermo said. Those are United Memorial Medical Center in Batavia, Strong Memorial Hospital in Rochester, the bicycle program for spinal injured people at the Genesee Area Family YMCA and the Miami Project to Cure Paralysis.

“A small chunk goes to Strong Memorial because they took care of me when I first got hurt, so I want to make sure to remember them,” he said.

Wojtaszek said the Downs plans to host another event next year to support the Ricky Palermo Foundation.

The foundation’s 26^th annual golf tournament is scheduled for Aug. 6 at Terry Hills Golf Course on Clinton Street Road. Palermo said it will be a “golf only” event with a take-home chicken and pork barbecue dinner.

Photo: Ricky Palermo accepts $20,000 check from Henry Wojtaszek this morning at Batavia Downs Gaming. Photo by Mike Pettinella.

Batavia Downs Gaming is on its way to another year of record earnings, the chief financial officer for Western Regional Off-Track Betting Corp. said this morning.

“Surcharge and earnings distributions are up 175 percent this year compared to the same point in 2021 and we’re about $500,000 away from 2021’s earnings distribution of $4.9 million – which was the best ever for the corporation,” said CFO Jacquelyne Leach, following today’s board of directors meeting at the Park Road facility.

Year-to-date earnings and surcharge for 2022 are at $4,713,508, broken down as follows: $4,340,130 in earnings and $373,378 in surcharge, Leach reported. Compared to last year at this time, the total earnings and surcharge distributions were $1,716,870.

“At this pace, this will be the highest earnings year in the corporation’s history,” Leach said.

She said that the public benefit company will be distributing $2,606,704 in second quarter earnings and June surcharge to its 17 member municipalities next week.

Genesee County will receive $53,903 from the second quarter earnings pool and $951 from the surcharge pool, bringing its year-to-date earnings and surcharge distribution to $99,251. For all of 2021, Genesee County received $36,190 in surcharge and earnings distributions.

Resolutions passed by the board during its meeting include:

• Finalization of an agreement with the Western New York Harness Horsemen’s Association to add 15 racing dates in January and February 2023 to the current schedule. WNYHHA has agreed to pay all expenses associated with conducting the additional dates – expected to be around $300,000, according to WROTB President Henry Wojtaszek. The dates will be announced after approval of the contract by the New York State Gaming Commission.

• Authorizing WROTB to pay $140,000 for the Town of Batavia, through general contractor CATCO, to install a new 12-inch sewer line during the Park Road Reconstruction Project. Previously, the Batavia Town Board voted in favor of the agreement, which calls for WROTB and Genesee Park Place Associates to share the cost of about 700 linear feet of sewer pipe.

• A contract with Audio Images Sound & Lighting of Batavia for $150,000 to set up the stage, concert lighting and associated equipment for the Rockin’ The Downs Concert Series this summer. Wojtaszek acknowledged that the contract should have been presented to the board sooner, since the concert series is halfway done, but said the amount was negotiated prior to the start of the series.

• Expenditures totaling up to $130,000 for food and beverages at three Western New York venues during events sponsored by WROTB for customers. The amounts are $75,000 at Key Bank Center in Buffalo (Buffalo Sabres, Buffalo Bandits, concerts); $30,000 at Blue Cross Arena in Rochester, and $25,000 at Highmark Stadium in Orchard Park (Buffalo Bills, concerts).

• Agreements with the WNYHHA to evenly split the cost of the purchase of a new 621 G Z Bar Case Loader from Monroe Tractor and a new T450 Track Loader from Clark Equipment Co., which will be used to maintain the harness track. The first piece of equipment costs $186,412.59 and the second one costs $54,786.63.

• A change order of the contract with Suburban Electric, Inc., in the amount of $22,709.36 for electric work associated with the lighting of the parking lot adjacent to the new warehouse and cold storage facility on the ground’s south end. Wojtaszek said the total cost of the project is around $1 million and it is near completion.

• Acceptance of a purchase offer of no less than $450,000 from Laur Properties, LLC, for the OTB branch that has been for sale on Military Road in Niagara Falls.

Steven C. Sharpe, director of emergency communications for the Genesee County Sheriff's Office, has resigned his position effective Sept. 3, according to a memo Sheriff William Sheron sent to department personnel today.

In an email to The Batavian, Sheron confirmed Sharpe's resignation but did not address a question about why he resigned.

"Search for his replacement will begin shortly," Sheron said. "There will be no interruption to dispatch services."

The Batavian did not attempt to contact Sharpe until after hours.  This post will be updated with any response we receive.

Sharpe was instrumental in migrating the Emergency Dispatch Center to the Phase II P-25 TDMA system radio system installed by Harris RF in 2013.

In 2016, Sharpe, an Air Force veteran, was named PSAP (Public Safety Access Point) Finest Director of the Year award. The award was sponsored by emergency communications company NICE.

Every part of Upstate New York, including Genesee County, will benefit from his bill to spur development in computer chip and technology manufacturing, Sen. Charles Schumer said today during an online press conference with reporters from throughout New York.

Upstate has more shovel-ready business park sites than any other region in the nation, and WNY-STAMP is among those sites drawing interest from semiconductor manufacturers with the likely passage of this bill, Schumer said.

"There are a whole number of companies that were thinking of going overseas to Europe or to Asia, that with this bill have now said they're going to locate in the United States," Schumer said in response to a question from The Batavian. "We have some of the great sites including the STAMP site in Batavia and we're going to do everything we can to lure them. And remember, they depend on the Commerce Department to get some grants for this. These are large grants, and I am going to, as Majority Leader, I think, I'll have some say with the Commerce Department."

The CHIPS and Science Act of 2022 creates $50 billion in funding designed to provide financial assistance to chip manufacturers and other technology companies to build factories in the United States.

The bill passed the Senate today and Schumer, who authored the bill and has doggedly pursued it for a long time, said it will easily pass in the House of Representatives.

Schumer pushed for passage, he said, because the U.S. must beat China in chip manufacturing and because he believes spurring innovative growth in high-tech will benefit all of New York, especially Upstate New York.

"I wrote this bill with the future of Upstate New York in mind," Schumer said. "The bill creates $50 billion in federal incentives to bring semiconductor manufacturing back to the US. And guess what place in America is most suited to get these plants? Upstate New York. There are places in Albany and Syracuse and Western New York that have shovel-ready sites that the big tech companies are already looking at for new chip fabs."

So far, China has been winning the chip manufacturing war, Schumer said. He wants to shift the momentum back to the United States.

"It's time to build our future in Syracuse, not Shanghai; in Buffalo, not Beijing," he said.

He said the odds are high that semiconductor manufacturers are going to look to Upstate New York for their new plants, which will employ thousands of people in high-paying jobs.

"We're gonna go all out and we're going to beat China," Schumer said.

WNY STAMP, located in Alabama near the intersection of Route 77 and Judge Road, is more than 1,100 acres set aside for advanced manufacturing.  GCEDC has been pursuing tenants for the park for more than a decade, and after coming close with 1366 Technologies in 2015 (a project that failed, according to sources, because of then Rep. Chris Collins' unwillingness to support it), the IDA succeeded last year when Plug Power agreed to make a $232.7 million investment to build a new hydrogen fuel plant at the site.

Steve  Hyde, president and CEO of GCEDC, said the agency is pleased with the passage of the bill.

"Senate Majority Leader Schumer has long-championed upstate New York as the ideal region for critical growth of the domestic semiconductor manufacturing and R&D investments due to our university research and talent, our established and ever-growing semiconductor supply chain, along with our considerable capacity of renewable, reliable, and competitively priced electricity," Hyde said in a statement. "We applaud Senator Schumer for his leadership, and stewardship in getting Congress to pass the Chips and Science Bill, which will be the catalyst to growing the high-tech economy at the Western New York Science & Technology Advanced Manufacturing Park (STAMP) and all across upstate New York."

For all prior coverage of WNY Stamp, click here.

For a press release from Sen. Charles Schumer with more details about the bill, click here.

UPDATE:  The Hill is reporting that because of a deal between Sen. Joe Manchin and Sen. Charles Schumer on a reconciliation bill, Republican members of the House of Representatives will now, as of Wednesday evening, oppose the CHIPS bill.

Top photo: Sen. Charles Schumer in a screenshot of today's press conference.

Aerial photo courtesy GCEDC showing Plug Power under construction and the WNY STAMP acreage. 

The chair of ad hoc committee charged with exploring clean energy initiatives in the Town of Byron sees the municipality’s Clean Energy Community designation by the New York State Energy Research & Development Authority as a springboard for further action.

Now, she just has to get the Town Board’s support.

“By completing the five action items as required by the New York State Energy Research & Development Authority, the Town of Byron has earned a $5,000 grant to assist with future clean energy initiatives,” Candace Hensel said today. “We are looking to use the money towards completing additional high impact actions that will help us progress in the CEC program.”

Hensel is the driving force behind the Clean Energy Resources Information Committee, an informal group that reports monthly to the town board. Active members include Kaitlyn Moucha, Sara Stockwell and Brian Stacy. Other town residents participate, depending upon the project.

The action items completed by the town to receive the CEC designation are benchmarking, energy code enforcement training, adopting a unified solar permit and an LED conversion of the town’s streetlights. Hensel said it was credited for a fifth action item for advanced benchmarking.

Points are awarded for each of the 14 action items identified by NYSERDA, with grant amounts based on the number of points.

The Town of Byron now joins the Town of Batavia and Village of Bergen as NYSERDA Clean Energy communities. Other municipalities in Genesee County participating in the program are the Village of Corfu, Town of Pembroke and City of Batavia.

Hensel said her “eyes were opened” to what was going on in New York State regarding clean energy when she heard about the 280-megawatt Excelsior Energy solar project in the Town of Byron.

“I had tried to get the town to look into some of the incentives available to communities, but I really didn’t get anywhere with the town so – about two years ago – I created a petition and got a list of names of other people who at least thought the town should look at into some of these programs,” she said.

Eventually, the town board authorized Hensel to chair a committee (CERIC) to explore the possibility of attracting grants to assist with community clean energy projects.

Hensel said she felt much better about putting a group together and pursuing clean energy opportunities knowing that she had the town board’s backing.

“In New York State, from the governor’s standpoint and to the trickle-down effect to DEC and NYSERDA and then you go on to the utilities, they’re all required to participate – to an extent – and comply with a lot of these clean energy programs that have been enacted,” she said.

Hensel said CERIC was unsuccessful in its bid to receive intervenor funds from the Excelsior Energy solar project, but that hasn’t stopped the group from its goal of “investigating incentives and reporting back to the town with our recommendations for participating (in the Clean Energy Communities program) and the advantages of doing so.”

“The town board listens to our report monthly but really, as a whole feels its capacity is limited or can’t put the time in; so, we do get stonewalled,” she said. “They did, however, let us pursue the Clean Energy Communities program, and no town funds were expended toward this CEC designation.”

She said CERIC also is looking into the Climate Smart Communities program administered by the state Department of Environmental Conservation.

“The benefits of participating in the DEC program are much greater,” she said. “Grant incentives are much greater – with funding of up to 50 percent of major clean energy projects. So, we see that the carrot at the end of the stick is much greater.”

Hensel said CERIC requested that the town board vote to join the Climate Smart Communities program “because all of the actions that we completed in one, we can apply to the other.”

“Representatives of the Genesee/Finger Lakes Regional Planning Council did a presentation for the board and a resolution was made, but at that board meeting, no one would second the motion to continue on for a vote for that particular program,” she said.

CERIC isn’t giving up on that, however, as it plans to approach the board again on the DEC program next month.

Town Supervisor Peter Yasses said CERIC must report its recommendations and proposals to the board but can “make no commitments” while Town Councilman Eric Zuber said his concerns center upon the stipulations for receiving the grants, especially those that include the town having to match funds for a particular project.

“There are a lot of bells and whistles – hoops you have to go through,” Zuber said. “Anything that we do has to make sense for the town in the long-term.”

Hensel said the committee currently is involved with a clean heating and cooling campaign in conjunction with Pathstone and the GFLRPC that kicked off in April at the Genesee County Home Show.

“They are following up to complete energy audits and have them as part of the Heat Smart Finger Lakes North program,” she said. “Hopefully, people will sign up with a contractor, who will evaluate their homes and make recommendations on heat pumps or geothermal and to see if anyone wants to learn more about those and the tax credits that go with them.”

At a time when there’s a big focus on equal rights, even animals — from dogs and chickens to goats, horses, and even therapy animals — and their owners have to be considered.

That was one conclusion during Tuesday’s city Planning and Development Committee meeting.

After discussing and debating issues of what constitutes a nuisance, how to enforce restrictions, and which animal species should or should not be allowed in the city, the group covered a gamut of options and repercussions.

Animals prevailed, for the most part. In the end, the group agreed to put forth a recommendation to use City Manager Rachael Tabelski’s drafted resolution, plus a few alterations. That will go to City Council for review and eventual vote. There will be a public hearing set before a final decision is made, Committee Chairman Duane Preston said.

“We only make some recommendations to the City Council. At that point the public hearing will be open for anybody that would like to come and voice their concerns,” Preston said. “So they need to set a public hearing. Those who have animals that would like to attend can come and voice their opinions to City Council.”

Jill Turner and her Burke Drive neighbor Teresa Potrzebowski each believe they have a valid argument for one side of the matter or the other. They disagree on whether Turner’s goats should remain on her property.

Turner told The Batavian previously that when she moved into the westside neighborhood, there was no law pertaining to her four goats. Her daughters spend time with the goats, one is in 4-H and the other girl uses the animal for therapeutic purposes, Turner said. Furthermore, she doesn’t believe they are destructive or threatening to her neighbors as some have claimed.

That’s not Potrzebowski’s experience, she said before Tuesday’s meeting. When she moved in, there were no goats, and “I wouldn’t have moved in if there had been,” she said. There’s noise, bad smells and goats constantly getting out of their small shed, she said. Turner also has chickens and ducks, and all three farm animal types come into her yard.

“I came home bringing groceries and two big ones walked into my garage,” she said.

The goats have eaten neighbors’ flowers and relieved themselves on their properties, she said.

“It smells like you’re living next door to a farm,” she said.

City Councilman John Canale raised the issue during a recent council meeting, based on resident complaints of those goats. He attended the Planning and Development meeting, but would not comment because he will have to vote on a resolution in the future and lives in the neighborhood, he said.

Committee member Matt Gray did his own research on “a number of towns and cities in the same boat,” and found that a lot of those municipalities came to a decision to restrict animals.

“I found a lot of them leaning the same way we are,” he said.

About 17 out of 25 cities had restrictions, particularly on roosters, Gray said. He suggested adding them to a list of animals not allowed in the city. That brought up other issues about if animals are allowed, how many should be allowed? What measures would be put in place to ensure proper enforcement when the restrictions are violated?

“The city would be responsible for quite a bit in terms of enforcement,” member David Beatty said. “I think whatever we recommend, enforcement is the biggest thing. How do you enforce it? How do you get cooperation of people who own animals? How problematic would that be?”

At one point he offered the suggestion to not allow any animals in the city.

“There’d be an uprising,” Beatty said.

Code Enforcement Officer Doug Randall explained that a law cannot just pertain to one segment of the population. It has to cover everyone, he said. Right now, however, a dog owner can receive repeated tickets for its continuously barking dog if the issue hasn’t been resolved.

For a goat?

“No tickets. We don’t have a law for it,” Randall said.

About an hour later, the committee agreed to forward a resolution with the additions of limiting chickens to six, banning roosters from being kept in the city, and requiring city residents to register their animals by a certain date, to be determined by council if it adopts the recommendation, or not be allowed to keep the animal on their city properties. Registering the animals will allow folks that already have chickens, goats and the like to keep them, and should make it easier to track who has what and where, Randall said.

The resolution "restricts people from owning, bringing into, possessing, keeping, harboring or feeding farm animals, cloven-hoofed animals, equine or fowl, including but not limited to cattle, horses, sheep, goats, pigs, swine, lamas, alpaca, ducks, turkey, geese, feral cats, ponies, donkeys, mules or any other farm or wild animal within city limits."

Exceptions include:

• Chickens, as long as they are penned appropriately, do not accumulate feces or cause odor or an unsightly or unsafe condition. The addition, if approved, would limit them to six.
• Harborage, including transport to and from race tracks and all associated grounds.
• Special events with the approval of an event application.
• Animals in transit through the city.
• Transport to and from veterinary hospitals/clinics, including short-term boarding for medical procedures/conditions.
• No person shall permit an accumulation of animal and/or fowl feces on any property resulting in a foul odor or unsightly condition that makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects of animals, thereby creating an unsanitary condition and may facilitate the spread of disease of which endangers the public comfort and repose.

The registration requirement would be for people already with farm animals on their properties. If they don’t register an animal by the deadline, it would have to go.

Potrzebowski doesn’t want to have issues with any neighbor, she said, but the recommendation didn’t fill her wish not to have to deal with the animals at all.

“It defeats the purpose to have to register them,” she said.

Top photo: City Planning & Development Committee members Matt Gray, left, David Beatty and Chairman Duane Preston discuss the possibilities Tuesday evening for what to do with farm animals kept in the city. File photo of Jill Turner, pictured with one of her daughters in front, is a city resident with goats, and some of her neighbors have complained that they don't want the smell and noise created by goats, chickens and other farm animals. Committee member David Beatty makes his case for restricting, or maybe even banning, farm animals from city properties. Photos by Joanne Beck.

Raymond Stanley, Jr., 46, of Trigon Park, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, and leaving the scene of a property damage accident. Stanley was allegedly involved in a hit-and-run accident reported at 10:04 p.m. July 23, at 71 Wolcott St., Le Roy.  Stanley was arrested by Emmalee Stawicki.  He was released on traffic tickets.

Benjamin Rachow, 39, of Gilbert Street, Le Roy, is charged with harassment 2nd. Rachow was arrested by Le Roy PD Officer Emmalee Stawicki at Strong Memorial Hospital, where he was treated for an injury sustained in an alleged incident reported at 1:40 p.m. July 22, on Gilbert Street, Le Roy. He was arraigned in Town of Le Roy Court and released on his own recognizance. A stay-away order of protection was issued.

Jeffrey Ellinwood, 63, of Genesee Street, Le Roy, is charged with harassment 2nd. Ellinwood is accused of continuing to contact a person on July 24 after being told to cease all communications with the individual.  He was arrested by Officer Curtis Miller. He was arraigned in Town of Le Roy Court and released on his own recognizance.  An order of protection was issued.

Name redacted upon request, 29, of Dewey Avenue, Batavia, is charged with petit larceny. xxxx is accused of shoplifting $76.84 in merchandise from a store on Veterans Memorial Drive, Batavia. xxxx was processed at the Genesee County Jail and released.

James Robert Cooper, 39, of Buell Street, Batavia, is charged with criminal possession of a forged instrument 1st. Cooper is accused of passing a fraudulent $20 bill at a location at Harrington's Produce on Clinton Street Road, Batavia, at 12:29 p.m. Dec. 27. He was arrested on July 22. He was arraigned in Town of Batavia Court and released on his own recognizance.

Shannon Lee Guiste, 51, of West Main Street, Batavia, is charged with burglary 3rd and petit larceny.  Guiste is accused of skip-scanning items at Walmart at 4:21 p.m. July 21. In 2015, Guiste was reportedly banned from entering Walmart. Guiste was arraigned in Town of Batavia Court and released.  

Eric Charles Dockstader, 37, no address provided, is charged with strangulation 2nd. Dockstader was allegedly involved in a disturbance at 4:55 a.m. July 24 at a location on Council House Road, Alabama. He was arraigned in Town of Alabama Court and released under supervision.

Antionette A. Pierre, 24, of Nassau Bahamas, is charged with petit larceny. Piere is accused of stealing in the Town of Batavia at 2:27 p.m., July 23. She was arrested by State Police and released on an appearance ticket. No further information was released.

Joshua D. Quaintance, 33, of Byron, is charged with criminal trespass. Quaintance was arrested by State Police in connection with an incident reported at noon July 17 in the Town of Bergen.  No further details released.

At 2.8 percent, Genesee County's unemployment rate has remained at historically low levels.

June was the third straight month this year when the county's unemployment rate was below 3.0 percent and the fourth time since November 2021.

A year ago, the June rate was 4.4 percent, and in 2020, it was 8.3 percent.

The state's Labor Department reports that there are 29,800 people employed in the county, 900 registered as unemployed and a total labor force of 30,700 individuals.

A year ago, the total labor force was 29,400, and it was 29,500 in 2020.

The state's unemployment rate is 4.4 percent, down from 7.5 percent a year ago, according to the DOL.  The nation's is 3.8 percent, down from 6.1 percent. 

There’s a lot of transition going on for Tom Turnbull, former president of Genesee County Chamber of Commerce, he says.

The Batavia resident’s wife Michelle just retired, their son T.J. graduated from college this year and is working in Buffalo, and now Turnbull is back in the saddle at the chamber — temporarily.

“It’s a temporary interim position just to fill in,” he said Tuesday. “Erik left … I’m filling in the presidential duties.”

Former president Erik Fix’s last day was Friday. He left to assume the role of assistant city manager this week. Although Fix gave notice, it still can take time to assemble a search committee, advertise, interview and hire for the position, Turnbull said.

“So they asked if I'd be willing, and I was kind of flattered, actually,” he said. “I love the staff here. And I mean, they're great to work with. So I said, sure, as long as it was gonna be temporary. So we're kind of  ballparking it for three months.”

His life for the next few months will be filled with parades, ribbon-cuttings, a chamber 50th gala celebration, the yearly Ag tour, a Leadership Genesee visit, and business after-hours mixer at The Game of Throes.

“That should be fun,” he said. “That's the type of stuff I always loved about this job. You get to go and do things and see things that you normally wouldn’t.”

He has already broached the topic of grant money and a contract that was just cancelled by Genesee County due to changes in the original proposal and fact that Fix would no longer be at the agency. Turnbull talked with County Manager Matt Landers and was reassured that the branding initiative plan and grant funding can proceed when the details are ironed out and a new president is in place.

“We’ll work with the new president so they’ll be up to speed; we’re the ones to do it,” Turnbull said of the branding initiative. “I love this staff. I mean, they're all talented. They're all professional. I've worked with them before and loved working with them, so it made it a really easy decision to fill in here for the time being.”

He will work approximately 20-25 hours a week and plans to be in the office every weekday.

Turnbull was president for seven years before retiring from his post.

While waiting for her case to be called Tuesday at City Court, Cassandra Elmore sat masked and sniffling, whispering to a companion.

She was called before Judge Thomas Burns about 10 minutes later, and slowly walked forward and took a seat. She said very little, except for yes or no answers. 

Judge Burns read brief descriptions of three charges from Section 353 of the Agriculture and Markets Law. They all have to do with her alleged abuse, torture and/or neglect of her bulldog, which was diagnosed in June of overdosing on some type of narcotics while at her residence.

Elmore had previously indicated that she wanted an attorney, and Burns needed to clarify whether she wanted to hire one or ask for one to be provided to her, per law, and represent her during this case. Elmore said that she was asking “to hire one” for herself.

Burns granted her two weeks and asked if that would be sufficient time. She nodded and quietly said yes. The judge entered a not guilty plea on her behalf and she was released on her own recognizance. Jenna Bauer, representing the county District Attorney's office, agreed to the terms.

Elmore is to return to City Court at 1:30 p.m. on August 11.

“You have to be back with or without an attorney,” he said.

He warned her that if she did not show up, he would issue a warrant for her arrest, and that bail could be modified. She was also asked to provide her full contact information and to go to the jail and get fingerprinted as other conditions of her release.

Volunteers For Animals member Wendy Castleman sat watching the continuation unfold. Castleman was there for Oddey, the canine victim in the case. Although she couldn’t offer a comment about the case specifically as a volunteer, she said, she was able to give an update about Oddey, believed to be a French bulldog.

“He’s doing really well,” she said.

Oddey was taken to Genesee County Animal Shelter after Elmore was charged earlier this month. It has not yet been determined if he will be returned to 30-year-old Elmore or signed over to the shelter for adoption.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353, which states:

A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor.

For prior coverage, go to Cassandra Elmore.

Women in recovery who are seeking reunification with their children can be encouraged by the networking that exists among provider agencies in Western New York.

That was the message conveyed Thursday at the quarterly meeting of the GOW Opioid Task Force at The Recovery Station on Clinton Street Road in the Town of Batavia.

About 35 people attended the meeting – titled “Parent and Family Resources in Our Communities" -- which was the first in-person gathering for the three-county group since January 2020.

Professionals representing Genesee, Orleans, Wyoming, Erie and Niagara counties spoke about the services offered by their agencies.

“A lot of women who find out that they're pregnant while in medically assisted treatment or in active use are afraid to ask for help because of the stigma that surrounds them,” said Jessica Budzinack, case manager at Genesee/Orleans Council on Alcoholism and Substance Abuse. “So, we decided to develop a plan that has case management, parent/family support, childcare supports and other services to provide a continuum of care for these people.”

Budzinack specializes in services for pregnant and post-partum women, and for those who have had children born with exposure to substances.

MAKING A DIFFERENCE

She said that GCASA has connected with Dr. Davina Moss-King of Positive Direction & Associates in Buffalo, who works with patients and babies suffering from Neonatal Abstinence Syndrome and are in the Neonatal Intensive Care Unit at John R. Oishei Children’s Hospital.

“We have seen that she (Dr. King) was making a difference in Erie County, and we wanted to know what we can do to meet the need in our rural counties,” Budzinack said. “She has trained our team and we implement the positive direction model here at GCASA.”

The positive direction model focuses on accountability and education – giving women the tools to be successful in their recovery and, ultimately, as parents.

Budzinack said she has worked with dozens of women, including many that have an active Child Protective Services case.

“If someone has an open CPS case while pregnant and it is still active when she gives birth, that child also becomes part of that investigation,” she said. “This is to protect the child from the possibility of ‘derivative neglect’ or abuse. The Office of Children and Family Services has a form that I complete with the participants that outlines a plan of safe care – showing all of the programs and services being offered to the parents.”

She said GCASA has provided such services to nine women over the past 10 months, with only one infant having to stay past the five days that New York State requires for observation. None of those babies had to go to the NICU.

“So, we believe we are making a difference by implementing this model here at GCASA,” she added. “A lot of women – and men – are learning how to be a parent all over again, with some having young children who also have experienced the life of addiction and now are recovering themselves.”

CHILDCARE SERVICES AVAILABLE

GCASA offers family relationship peer coaches who provide support in various areas (such as transportation and assistance with the legal system and Department of Social Services) and teach ways for parents and children to communicate with each other, she said.

Additionally, Budzinack mentioned GCASA’s childcare center in Batavia, which operates Monday through Friday, and allows parents to drop off their young children – 8 weeks to 12 years old – up to three hours per day.

“The children are trained in cognitive play – which means that they learn while they play,” she said. “It’s not just a drop-off site where people sit there and stare at the kids until they're ready to get picked up. They actually have a lot of fun.”

The childcare program also offers special activities, such as trips to the zoo or family game nights, through The Recovery Station.

“We all work closely together; we all talk to each other all the time. And we all just look at each individual and see what their needs are, and talk with each other to see how they can be met,” she advised. “It’s all about rebuilding relationships and becoming effective parents while sober.”

Dawn Stone of Spectrum Health & Human Services, a peer specialist providing mentoring services to those in recovery in Wyoming County, said she works across systems to identify effective treatment plans for mothers, fathers and children.

“We work with Hillside Children’s Center, which deals with families with developmental issues, and we also have what’s called Lighthouse Station, where pregnant moms who don’t have a place to stay – and would otherwise be in jail – can deliver their babies in a non-jail setting,” she said. “We also work with other counties to learn about their programs and refer families to when they come to us.”

THRIVING NETWORK IN BUFFALO AREA

One of those agencies is Buffalo-based Caz Recovery, which was represented at the meeting by Angela Angora, director of Reintegration Services, and Morgan King, program manager at Madonna House, a 17-bed rehabilitation facility for women and women with children in Lockport.

Angora, a Genesee County resident, shared that her mother became addicted to crack cocaine in the early 1990s, a time when there weren’t many treatment and recovery programs.

She said things have changed dramatically over the years, noting that Caz Recovery offers Casa Di Vita, a 19-bed reintegration program for women in Buffalo and Somerset House, a 17-bed reintegration program in Appleton.

“We do accept women that are pregnant, however, they would have to come back with the baby here,” she said. “With this program, the women have more autonomy, they're able to go out into the community and they have community time for visits with their family.”

At each location, Caz Recovery staff provide specialized services to help women get their lives back in order and reach the point of reuniting with their children and learning parenting skills, she said.

“After individuals complete our rehabilitation program, our community residences – congregate settings – focus on volunteering, job placement and outpatient counseling, and they receive their services off site,” Angora added. “This is where you will see a greater focus on that family involvement.”

Caz Recovery also offers supportive living, with 40 beds in Erie County and 14 beds in Niagara County, serving women and men with children, as well as a housing program for families ready for that important step, she said.

BIG PLANS FOR ORLEANS COUNTY

Shannon Ford, GCASA’s director of Communications & Development, shared that the local agency will be opening a women’s residence in Orleans County next year.

“We’re hoping to have a lot of those same kind of services available for women in our rural communities,” she said. “Currently, we work with Spectrum to help those in Wyoming County coming into our residential programs, but we have not been able to offer anything specifically for women and children to this kind of level.

“So, we’re extremely excited to model our programs after that. And I'm very grateful that GCASA has been able to make referrals over many years to Madonna House.”

For more about programs for women and children in this area, contact Budzinack at 585-813-8583 or at jbudzinack@gcasa.org.

Photo: Speakers at the recent meeting of the GOW Opioid Task Force are, from left, Christen Foley, task force coordinator; Dawn Stone of Spectrum Health & Human Services, Jessica Budzinack of GCASA, and Morgan King and Angela Angora of Caz Recovery.

Disclosure: Mike Pettinella is the publicist for GCASA.

Gary Graber seems like the kind of guy who’d fit in most anywhere.

The longtime Darien judge is also comfortable driving a commercial truck, teaching across the country, embracing the role of grandpa, serving on a variety of boards, charming honey bees, and mowing the enormous greens at Terry Hills.

Though he has already retired, his friends and colleagues want to wish him well with a retirement party next month.

He shared a piece of advice he received that seems to have worked well in his many endeavors.

“I had a fire chief one time, he told me when you're looking at that burning building, and you’ve got to figure out what kind of help you need as far as mutual aid, he always used to say, turn your back when you make the decision. Don't ever make the decision when you're looking at the fire,” Graber said during an interview with The Batavian. “I never forget that because, you know, it's just one of those things where it gives you a chance to take a breath and, you don't make that snap decision. So more than once during something, I just had to make sure that I did that.”

A Critical Move to Small and Rural 
A native of Lancaster, Graber moved to Darien in 1970. He remembers watching the nearby missile sites and hearing hydraulics lifting missiles into an upright position. He was interested in the fire department and joined Darien Fire Company at 16, moving swiftly to assistant fire chief by the time he was 21. His mom moved him and five siblings to Darien after a divorce, shifting his school experience from being in a class of 365 kids to less than a quarter of that.

“For me, this town was something special, because I really question you know, when I lived in Lancaster, whether I would even make it through high school. When I came out here I went to a school that had 74 in our class, so it was really a big difference,” he said. “Folks took me under their wing, got me involved in the fire company. I did well with that.”

At the still-tender age of 24, he became a town justice when another justice also ran for town board, and that was a conflict of interest to hold both roles. So the other justice went on the board, Graber was asked to run for justice, and he jumped in with both feet, campaigned hard and won the justice seat by 150 votes. That job and the fire company position gave him valuable experience beyond his actual duties, he said.

“My heart is for this community; it gave me opportunities I don’t think I ever would’ve had,” he said. “People were good to me, they taught me things. I learned to be an early riser … how to just work hard.”

Training, and Adjustment
Hands-on training was a main factor in learning the ropes, he said, and there were yearly mandatory training courses to keep up-to-date on legal matters. Darien was more of a sleepy little town before Darien became a Six Flags theme park. The community really began to change then, he said.

“When the park exploded, I handled everything,” he said. “There were plenty of jury trials.”

He stepped back in time to when Pantera, a famous rock band led by Phil Anselmo, had a court case that stemmed from performing at the amphitheater. Every time there was a court hearing, “every kid in the world knew who he was, and they were looking through the windows,” he said. Anselmo came up from New Orleans and fully participated in the case, Graber said. Apparently, a guard had gotten hit by a microphone during a show.

How to prevail amidst the commotion of celebrity? As with any other case, “make sure you stay up on your education,” Graber said.

“Stop and look it up, review procedure,” he said. “As time went on, it changed. I just had an active interest in what we were doing. I just had a job you have to work at.”

Of all of the legal training he had taken, it was Leadership Genesee that possibly taught him the most. He never saw himself as a teacher, and the leadership class — he’s a 2005 graduate — brought out some hidden talents that had been under wraps, he said.

“It helped me to dig in there more to teach,” he said. “It was such a life-changer; it pulled out things I never thought I had in me.”

A year later he was nominated for Outstanding Alumnus, sort of “fell into being a commercial truck driver,” and become a truck terminal manager in 2008. That hands-on work certainly equipped him to teach about commercial truck driving law, ensuring that convictions were being properly recorded.

That all culminated in teaching for National Judicial College, which took Graber to 15 states. As time went on, he said that it became apparent that the Court Clerks Association could also benefit from his lessons. As a member of the state Magistrate’s Association since 2003, Graber was appointed as vice president, president and director during his four-plus decades with the group.

“We did a lot of legislative work for the benefit of our courts,” he said. For 11 years, he had an issue in particular — focusing on underage drinking — that was never successful in a legal sense.

“All we wanted to do was to get those involved to take alcohol awareness classes,” he said. “I learned a lot with that; we wanted to be more restorative than punitive.”

One year there were 800 people cited for underage drinking, he said. Restorative justice, through Genesee Justice, and Drug Court evolved out of those efforts. Those underage kids weren’t put in jail, but had to pay a $50 fine and take the class, he said. Most of the time, “their parents would make sure it got done,” he said.

In his 42-year career, Graber never lost an appeal, and his decisions were always upheld. That is something he is proud of, he said. His constant objectives were to be open-minded, remain current on the law and keep up with related education, especially regarding commercial truck licenses and accidents.

A Busy Retirement
“I’m proud to serve my community. And I’m going to do that as an ambassador of the University of Nebraska. I just enjoy it, to go out and talk to these judges and clerks, I just absolutely love it,” he said. “This is all about reducing crashes and saving lives. Last year crashes were up by 13 percent. It gives us a chance to look at things a little differently. We want the public’s trust and confidence.”

"Education, education, education" is the most important thing to keep in mind, he said. Don’t try to take shortcuts.

“We’re the folks that people see more than anyone else; they’re going to remember that,” he said of town justices. “Just handle each case individually. Look at each defendant and decide their case individually, and not to be appealed in criminal cases.”

Graber, who has a partner, Kathy, lives on seven acres of property that blooms “lots of sunflowers,” zinnias and the like — anything that might keep his honey bees and butterflies happy. He has two sons, Matthew, a retired sergeant of the U.S. Army, and Jason, a battalion fire chief. There’s likely to be travel in the future, to visit Graber’s two grandchildren in Tennessee.

His hobby of mowing at Terry Hills golf course puts that early riser in him to good use: from 3 to 7 a.m. three days a week, and periodically with a couple of baby foxes keeping him company; a new role as a board member of GCASA, plus remaining on the County Parks Advisory and Tonawanda Valley Federal Credit Union boards ought to occupy some of his remaining free time.

He doesn’t consider any of it work: it’s just “giving back.” Graber’s philosophy, as an elected official, has been to remember “who we’re doing these jobs for.” “We’re public servants,” he said.

He enjoys his community and has appreciated working in Genesee County with “a good group of criminal justice agencies like Genesee Justice,” he said.

“Because of the options, maybe someone could take a plea when otherwise they would have gone to court. I was just happy to be in this county,” he said. “Tomorrow, I’m going fishing for the first time since I was a kid.”

File photos of Gary Graber in his Darien Town Justice role being sworn in with the state Magistrates Association and laying a wreath at the Tomb of the Unknown Soldier. 

Snippets from Gary Graber's Bio ...
Justice Gary Graber has served as the town justice for the Town of Darien, New York, since January 1980. He is a past member of the Town and Village Court Education Curriculum Committee and has taught criminal and administrative courses for the New York State Judicial Institute and the New York State Office of Court Administration.

Justice Graber continues to be very active in the development and training of topics relating to commercial driver’s licenses and commercial motor vehicles, including the development of sentencing charts that assist the New York courts in properly disposing of cases that involve commercial motor vehicles equipment violations. As an alumnus and faculty member of the National Judicial College since 2008, he continually instructs judicial personnel both in their home states and virtually on all matters related to the commercial driver’s license.

He is an honorary member of the New York State Magistrates Court Clerks Association. He has received many awards, including the Leadership Award from the Genesee County Magistrates, the 2005 Magistrate of the Year Award, the 2006 Criminal Justice Award from Genesee County Alcohol and Substance Abuse, the 2006 Leadership Genesee Outstanding Alumnus Award, and the 2013 Kevin E. Quinlan Award for Excellence in Traffic Safety.

One person was killed and another seriously injured when a motorcycle struck a deer at 8:16 p.m. Sunday on Cockram Road, Byron.

Daylin Fagundo-Rodriguez, 28, of Byron, was pronounced dead at the scene, and Leland L. Fuller IV, 30, of Byron, was transported to Strong Memorial Hospital with life-threatening injuries.

According to State Police, Fuller was driving a 1998 Harley Davidson eastbound on Cockram Road, with Fagundo-Rodriguez as a passenger, when a deer entered the roadway and was struck by the motorcycle. 

Both occupants were ejected.

The deer was also killed by the collision.

The New York State Police Collision Reconstruction Unit is investigating, and this is an ongoing investigation.

Photos by Alecia Kaus/Video News Service.