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From asphalt to topsoil, City Council continues on well-grounded path

By Joanne Beck

Motorists are expected to have a smoother drive on Richmond and Harvester avenues now that City Council has agreed to move a $3.6 million project for final approval later this month.

The project is considered “preventive maintenance” and T.Y. Lin International had already been selected as project engineer during a request for proposals process. The company will assist the city in bidding the project and oversee construction. On Richmond, it will run from Oak to State streets and from routes 5 and 33 to Route 63 on Harvester.

Council is expected to award a contract during its next meeting, City Manager Rachael Tabelski said.

If all goes as expected, completion of both avenues should be done by Nov. 30, she said.

From asphalt to topsoil, council also approved a transfer of Batavia Community Garden from the city to Cornell Cooperative Extension of Genesee County.

Cornell Cooperative will take care of the property and administer related funds for a yearly fee of $2,500, plus an initial $1,000 for the current 2022-23 fiscal year.

Cornell staff is to also assist the Community Garden Committee with operations, technical and administrative support and educational programming to all garden participants.

City Council President Eugene Jankowski said that Cornell Cooperative Executive Director Jocelyn Sikorski was happy about the arrangement and that “I think we’re in good hands,” he said.

Sikorski said that agency staff has been involved in the garden since its inception in 2011, and there is a core of volunteers to help out.

“It fits in our wheelhouse,” she said. “The city asked if this is something our association was interested in, and it’s a perfect fit.”

Since it began, the Community Garden has grown from four raised beds to 42 raised beds in 2020 over the course of nine years.

A memorandum of agreement is for a five-year term.

Assistant City Manager Jill Wiedrick, who recently announced she would be leaving her position, had previously presented the garden idea to council. Tabelski thanked Wiedrick for her work this past year and wished her the best as she moves on to another job in Fairport. Friday will be Wiedrick’s last day.

Photos by Howard Owens

Get ready, it will be carnival time downtown before you know it

By Joanne Beck

It began as an ax-throwing event at Eli Fish Brewery on Main Street and morphed into an indoor and outdoor carnival with live music, magical entertainment and assorted carnival-type food, Sydney Carli says.

And the first-ever Eli Fish Brewery Carnival was born.

The City Council approved the event Monday. It is set for 4 to 10 p.m. on June 11 at the brewery and in Jackson Square.

“I’m really excited; it should be a really fun day,” Carli, the event manager, said Sunday to The Batavian. “We’re trying to get pop-up tents for people to sell their crafts and art. It would be awesome to get as many as we can; it’s for anyone who wants to sell their stuff.”

Ax-throwing made the cut, so to speak, in the line-up of activities, and that will be available at the brewery, 109 Main St., Batavia. Craft vendors, a dunk tank and fortune-teller, corn dogs, Italian sausage, Sage Farms maple cotton candy and “delicious frozen maple drinks,” a return of Matty’s Pizza, plus a fun magician book-ended by live bands, including Jim E. Leggs Trio Noah Gokey. The trio, named after a popular phrase coined by Kramer in the TV comedy Seinfeld -- "Jimmy legs" --  is described as "somewhat of a hybrid band ranging from a Latin-infused take on Nat King Cole's Nature Boy to updated arrangements of The Beatles, Steely Dan and Sting. The musicians offer an upbeat, fun and varied mix of Jazz, R&B and Pop that will lift your spirits, their website states. Noah Gokey is an eclectic indie rock band billed as a diverse blend of sounds from folk, blues, country, and jazz to reggae and heavy metal. 

“It’s a really cool opportunity to have a carnival, go and have some drinks, listen to music and see magic acts,” Carli said. “It’s an awesome day where people can come and eat, drink and have fun.”

Craft beers and Eli Fish food, plus the maple treats, will be available for purchase. GLOW Out is also having an event that day, and she is hoping that people will head over to the square to finish their Saturday at the carnival.

(GLOW OUT! plans to host a parade and festival from 11 a.m. to 8 p.m. June 11, beginning on Alva Place and ending in the Batavia City Centre parking lot. For more information, call GO Art! at (585) 343-9313.) 

Tickets for the carnival will go on sale soon at EventBrite.com, Carli said. For vendors interested in reserving a spot, email syd@elifishbrewing.com

Law and Order: Trio from Rochester accused of possessing drugs with the intention to sell

By Howard B. Owens

Bria Chaquan Carson, 30, no street address provided, Rochester, Chas Westley Burgess, 36, street address redacted, Rochester, and Robert Earl Wyche, 49, street address redacted, Rochester, are each charged with criminal possession of a controlled substance 3rd. Each was allegedly found in possession of fentanyl and cocaine at a location on Oak Street in Batavia at 3 a.m. on May 7. The case was investigated by Deputy Jeremiah Gechell and Deputy Morgan Ewert. All three were arraigned in City Court. Carson was released on his own recognizance. Burgess and Wyche were ordered held on no bail.

Mikhail Eric Lundberg, 32, of State Street, Blasdell, is charged with DWAI/combined drugs and alcohol. Lundberg was arrested on a warrant stemming from an incident at 9 a.m., Dec. 29, on Main Street in Corfu. He was arraigned in Town of Pembroke Court and released on his own recognizance. 

Kevin Brown Goodenough, 65, of Stone Road, Rochester, is charged with sexual abuse 1st. Goodenough was arrested in connection with an incident reported at noon on Oct. 8, 2017, on Lincoln Avenue in Le Roy. He was arraigned in Town of Le Roy Court and ordered held on $10,000 bail, $15,000 bond, or $40,000 partially secured bond.

Kayla Jean Nicolucci, 30, of Ridge Road, Elba, is charged with petit larceny. Nicolucci is accused of shoplifting from Walmart at 4:59 p.m. on May 7.  She was released on an appearance ticket.

Jerome Wayne Amesbury, 56, of Gilbert Road, Bergen, is charged with harassment 1st and stalking 4th. Amesbury is accused of stalking and harassing a victim on Gilbert Road in Bergen at 9:52 p.m. on May 7. He was arraigned in Bergen Town Court and released on his own recognizance. 

Jimmy L Moore, 45, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. He was stopped by state police at 4:34 p.m. on May 7 in the city of Batavia. He was released on an appearance ticket.

Newly minted dollar coin gives nod to Native American hero from Genesee County

By Joanne Beck

Hailed as a hero and confidante of General Ulysses Grant, Ely Parker is mostly known by local historians and history buffs, even though the Native American celebrity of sorts was a Genesee County native and now graces the tail of a $1 Native American coin minted this year.

Don’t know about Ely Samuel Parker? The 2022 Native American $1 Coin honors him as a U.S. Army officer, engineer, and tribal diplomat who served as military secretary to Ulysses S. Grant during the U.S. Civil War. When Robert E. Lee surrendered at Appomattox, Virginia, on the morning of April 9, 1865, Parker rendered the formal surrender documents in his own hand. On the coin Parker is depicted in his Army uniform while a quill pen, book and what’s been called “his graceful signature” are included as symbols of his experience as a successful communicator. His tribe of Tonawanda Seneca and HA-SA-NO-AN-DA are inscribed to recognize his tribe and given birth name. The coin’s head design is of Sacagawea carrying her infant son, Jean Baptiste.

Terry Abrams, administrative coordinator of Tonawanda Reservation Historical Society, believes this coin is another piece of recognition for Parker.

“I think it's just one one more step in sort of recognizing, you know, the contributions that somebody like Ely Parker specifically had, not just locally but nationally,” Abrams said during an interview with The Batavian. “He was somebody who was a national figure during the Civil War and the Grant administration. So, that's something to note and something to acknowledge.”

He also noted that Parker was “really a sort of complicated figure,” as captured in one of Parker's biographies, Warrior in Two Camps. As intelligent, savvy, effective and versatile as Parker was, he was not always so highly regarded. As a Native American, Parker was not considered to be a United States citizen, he could not take the Bar exam to officially become a lawyer, and his application to join the Union Army as an engineer was denied, all due to his Native American status.

Who he was ...
There’s an exhibit about Parker at Holland Land Office Museum, and Genesee County Michael Eula has given talks about him during the Museum’s History Heroes youth program. Eula recapped Parker’s life, from being born into a large family in 1828 in Indian Falls as a Seneca Native American (part of the Tonawanda Reservation at the time) to studying law for three years and gravitating toward civil engineering at Rensselaer Polytechnic Institute. It was when a shortage of engineers opened the door for him to join the Army, eventually serving as an assistant to General Ulysses S. Grant. He was promoted to Lieutenant Colonel and was present when Confederate General Robert E. Lee surrendered at Appomattox in April 1865, Eula said.

Parker became an esteemed brigadier general and, shortly after the Civil War, named Commissioner of Indian Affairs, serving from 1869 to 1871, Eula said. “He worked hard o improve the lives of Native Americans,” he said.

“He was raised … in a somewhat traditional environment. He learned to speak English, he studied law, he studied engineering. But at the same time, he grew up during the period where, you know, they were trying to move Native people out of New York State, out west. It was only a couple of years after he was born, that the Indian Removal Act was passed in 1830. There was a constant struggle to remain here,” Abrams said. He was one of the people involved in that, trying for the Tonawanda Seneca to stay in their homes and stay where they were.”

The word hero is derived from the Greek word heros, Eula said, to mean a protector or a defender. Not only did Parker do that as a soldier in war, but also during a tumultuous time in civilian life, when Native Americans were not wanted to remain on their own home turf.

During his time in the Army, he exhibited a willingness to risk injury and even death. His readiness to put himself in harm’s way sets him apart from other Americans, which is why we still remember him today,” Eula said. He was a clear role model – especially for young people, Native American and otherwise. He never allowed unjust setbacks to long discourage him. He picked himself back up after disappointment and found new ways to move his life ahead.”

Misnomers and stereotypes ...
Unfortunately, when it comes to notions about Native Americans, society still often thinks in terms of stereotypes, Abrams said. There are either the poor, downtrodden alcoholics or everyone is rich from casino money and tax-free gas and cigarettes, he said. Neither of those extremes are true, he said.

For example, where he lives, on the Tonawanda Reservation, residents don’t participate in any of the casino revenues because those are separate operations of Seneca Nation of Indians. “They’re a completely separate nation,” he said.

“Tonawanda has always been very strongly traditional from the beginning. And they’re still there, they're quite proud of that,” he said. But at the same time, they're certainly very forward-thinking. That Tonawanda community still maintains its traditional tribal government of chiefs and clan mothers. But at the same time, they were the first reservation community, and the second reservation community in the country to integrate in the public school system back in the 30s. So, you have that sort of dichotomy, I guess.”

Full disclosure: although Abrams grew up and remains a resident of Tonawanda Reservation, he is not an enrolled tribal member of the Tonawanda Seneca, he said. However, with that being said, he is a well-versed source for Native American history with deeply steeped ties to personal and professional Native American backgrounds.

Native American Coin Program ...
In 2009 the U.S. Mint began minting and issuing $1 coins as part of the Native American $1 Coin Program. The coins feature designs celebrating the important contributions made by Indian tribes and individual Native Americans to the history and development of the United States. The program builds on the Sacagawea Golden Dollar, released from 2000 to 2008. It featured a portrait of Sacagawea carrying her infant son, Jean-Baptiste on the obverse (heads side) and an eagle on the reverse (tails side). It was authorized under Public Law 105-124, also known as the United States $1 Coin Act of 1997 (Section 4 of the 50 States Commemorative Coin Program Act). Native American $1 coins are circulating quality produced as collectibles, not for everyday transactions. However, they may be still used as legal tender.

Ely Parker was one of 17 finalists for the latest edition of the U.S. Mint's Native American series. The inscriptions “TONAWANDA SENECA” and “HA-SA-NO-AN-DA” recognize his tribe and the name given to him at birth.

The newly minted dollar coin has gotten some publicity, but not as much as it could have, Abrams said. He has spotted “a little bit here and there,” but not a whole lot. As curator and collections manager for Niagara County Historical Society, Abrams has access to the coin as the Society acquired a roll for its collections. Abrams said that Parker’s reputation has wavered over time.

“His reputation has sort of gone back and forth. He was seen as sort of, an exemplar of native people. Because he managed to succeed in the larger world. And then that was seen as not necessarily a good thing that he sort of left behind that … there was some feeling that he had left behind his traditional culture, his own people because he moved away from the reservation, and, he never returned.”

Parker has bounced back into favor, Abrams said, for being “instrumental in maintaining” the Tonawanda to nation territory. Despite that “back and forth” of Parker’s contributions, Abrams feels that he deserves acknowledgment for his good deeds. Are there some people that see a coin as a literal token commemorative for Native Americans? Perhaps, Abrams said.

“I think any sort of acknowledgment should be recognized. You know, I think for Native people to see themselves, to see one of their own somewhere in something that potentially can travel all over the place, and is, you know, accessible to anyone almost, because too often native people are sort of hidden or forgotten about or ignored or overlooked. So, you know, having a reminder that we're still here, you know, that's not a bad thing.”

Top photo: The newly minted 2022 $1 coin honoring Ely Parker. Bottom photo: Terry Abrams of Tonawanda Indian Reservation checks out the Ely Parker exhibit at Holland Land Office Museum in Batavia; and above,  Photos by Howard Owens.

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Funding for Mercy Flight, Genesee County Fair, new jail construction on tap for Legislature's meeting

By Joanne Beck

Money — or the talk of it — flowed during Wednesday’s Ways and Means Committee meeting as members reviewed everything from a grant for $14,464 to a $2.9 million bridge construction contract and $414,000 related consultant fee.

These items and several others will now move onto Genesee County Legislature for final approval. The group is to meet at 5:30 p.m. Wednesday in the Legislature Chamber in the Old Court House, 7 Main St., Batavia.

Legislature members are expected to vote on the elimination of a financial clerk-typist position and creation of a program manager for the Sheriff’s Office; bids and consultant agreement for South Lyon Street bridge construction; additional insurance cost to cover elements of the Genesee County Jail construction; a contract award for the jail and capital project construction; apply and accept grant funds as a budget amendment for the county’s Office for the Aging, and a related contract with Arc GLOW’s meal preparation services.

During the committee’s meeting Wednesday at Genesee Community College, Sheriff William Sheron explained that a review of the staff positions indicated that the clerk-typist role “wasn’t aligning with that title,” and he felt that a program manager better suited the duties involved.

A reclassification review conducted by the county’s Human Resources department resulted in a reclassification of the clerk-typist position to that of a program coordinator-sheriff position.

“We do have the money in our budget,” he said.

The monetary difference would be $5,616, which is covered by multiple vacancies that list in the department and have already been accounted for, the resolution states.

Jail construction costs won’t just mean the actual labor and materials, as the county’s insurance broker, Lawley Insurance, sought quotes to add a builder’s risk insurance for the construction project, a Lawley representative said during Wednesday’s meeting. The estimated tab will be up to $73,031.

“Don’t contractors have a policy to cover this type of thing?” Legislator Gary Maha said.

It’s always better for the county to have its own policy to “protect your assets,” the rep said. The extra policy would cover gaps for certain damages due to theft, for example, she said.

Add another $195,000 for special inspections and testing services during the jail building project. These services test things like the soil and asphalt, County Manager Matt Landers said. County officials will receive an inspection report within 24 to 48 hours, he said, and these services are performed for all construction projects.

Additional agenda items up for vote from the Human Services Committee include acceptance of a grant for a public health drinking water enhancement program; a Tobacco Enforcement Program; a contract with Mercy Flight/Air Medical Transfer Service; and a contract with Genesee County Agricultural Society for funding toward this year’s Genesee County Fair.

A Committee of the Whole (Genesee County Legislature) meeting is to follow at 6 p.m. to discuss Conservation Easements Opportunities in Genesee County and approve March 30 minutes.

 

 

 

A public meeting versus a meeting in public: superintendent says subtle but important difference

By Joanne Beck

It’s a small nuance, but a public meeting is different than a meeting in public.

And as such, each has a different protocol for those wishing to speak during the session.

Batavia City Schools Superintendent Jason Smith explained the difference during this week’s board meeting.

Board member Barbara Bowman had previously requested a discussion about the district’s policy to require people to sign up a week ahead of a meeting at which they would like to speak. A few people had hoped to speak during a recent meeting and were told it wasn’t allowable per district policy.

There’s a reason for that, Smith said. District officials may need some extra time to research the requested topic before the person addresses the board. That policy is for a meeting in public. A public hearing at the beginning of a meeting is conducted on a particular topic, and it allows for people to comment and/or ask questions during the hearing portion. Those speakers do not need to sign up a week ahead of time.

For a board meeting that is held in public, “there is no obligation to answer speakers,” Smith said, and he advised board members to not feel they should provide an answer on the spot, as the answer may not be fully known at that time, he said.

Bowman was more concerned about people who took the time to attend a meeting in order to speak.

“I think we should consistently acknowledge everyone who comes to speak,” she said.

Board member Jennifer Lendvay asked about speakers who do ask questions of the board. What happens if there is no immediate answer, she said.

“I think my track record is pretty good with (following up and) giving them an answer,” Smith said.

District Clerk Brittany Witkop confirmed that “our office gets a lot of calls” and also returns those calls with answers to residents' queries.

“I think acknowledgement is the most important piece,” Bowman said.

As for revising the current policy to sign up the week ahead of a regular Thursday meeting, Board President Alice Benedict didn’t think it should be done.

“I do know the attorney would advise us not to change our policy,” Benedict said.

Blue Devils games to be held in high re-guard

By Joanne Beck

Oftentimes you’ve got to pay to play, or in Batavia City Schools’ case, pay a little more.

Batavia’s Board of Education approved a contract Thursday for four guards to provide some extra security for home football games. The fee is $29 an hour per guard at about five hours each, Superintendent Jason Smith said. That’s about $580 per game, or $2,900 for five games.

You can blame it on Batavia Blue Devils’ track record, he said. 

“That’s for special events, home football games. We’re drawing 1,000 people or more at those games,” he said to The Batavian Friday. “With a successful team you draw more people.”

The extra personnel will be retained for four or five home games, he said. Those guards won’t be overlapping the district’s school resource officer and retired law enforcement personnel currently distributed throughout the four different school sites, he said.

The agreement is for services from April 1 to December 31 of this year, and is with Armor Security and Protection Inc. of Rochester. The company is to provide state certified security guards “to provide security and safety services for property located at 120 Richmond Ave., Batavia,” the contract states. Work includes monitoring venues for inappropriate, illegal behavior or actions, reporting of safety concerns within the venue and assisting with safe entry and exits. The guards are to notify law enforcement or other emergency service providers as deemed necessary. Documentation is to be provided to the school district about any incidents deemed a reportable event or at the request of the district, according to the contract.

Guards will be wearing an Armor Security uniform of black pants and shoes, and an Armor uniform shirt, layered with an Armor jacket during colder months.   

Batavia City Schools officials clarify potentially lower tax rate for increased levy

By Joanne Beck

Batavia City School officials want to make something clear about this year’s proposed $54.8 million budget.

Although the levy is to increase by 1 percent to just under $20 million, the actual tax rate may go down due to the volume of raised assessments, Superintendent Jason Smith and Business Administrator Scott Rozanski said. In fact, if assessments remain the same as they were on April 14, the projected tax rate could be $1.77 less than it is now, Rozanski said during an interview Friday with The Batavian.

School officials — including board members — haven’t been touting that lower tax rate because nothing is definite yet, Rozanski said. There’s about a month left for property owners to file grievances and argue their assessment increases, he said. Instead, Smith mentioned the “concept” of a potentially lower tax rate without talking about actual numbers during Thursday's budget presentation, he said.

"It's hard to get the tax rate right now. The assessments are still being challenged, right?" Rozanski said.  "If everything stays the same as of April 14, indirectly, we didn't say 17.46, we said it is $1.77 less, as of April 14, than the current rate."

The Batavian confirmed the process — complicated as it may be — about calculating tax levies, assessments and correlating tax rates with Kevin Andrews, deputy treasurer for Genesee County. A prior city schools board meeting included the rough figures of a 19-cent property tax increase based on the proposed 1 percent tax levy increase.

That did not, however, include the 11 percent hike in property assessments throughout the city school district entities of schools, the city, Richmond Memorial Library and Genesee County. If assessments are raised more than the proposed tax levy increase, then the tax rate itself is likely to go down, Andrews said. In perhaps oversimplified terms, if you are dealing with 10 properties, and their values go up, the distribution of tax levy would be divided by that larger total assessment for a lower tax rate. If you divided the same levy amount by lower assessed properties for those same 10 properties, the tax rate would reflect that by going up to pay the levy.

“So it could very well be that their levy is going to go up by one percent, but the tax rate is actually going to go down, because of the amount that the assessments have gone up,” Andrews said Friday. The basic calculation or way it works is that whatever the tax levy is, that is adopted by the school in this case … that levy is then distributed and spread out amongst all of the property owners within the municipality based on their assessment. So if you think about it, you know, if you look at each piece by itself, if just the levy goes up, and assessments do the same, then the tax rates are gonna go up, right? Because you're levying more tax. And on the reverse side, if the levy stays the same, and the assessments go up, then in that case, the tax rate would go down, because we're distributing that same levy amongst (the same number of property owners).”

The actual formula, Andrews said, is to take the proposed levy ($19.6 million) and multiply that by the total assessments ($1.1 billion) and multiply that number by 1,000 (assessed value).

Again, since the total assessment, before considering any readjusted assessments, is at an 11 percent increase versus a 1 percent tax levy increase, so a projected tax rate right now is $17.46, Rozanski said. That number will not be certain until after grievances are handled and assessments are potentially adjusted, he said. School tax bills are to go out in October with a final tax rate. If it is $17.46 per $1,000 assessed value, then the difference in a $100,000 property now assessed at $125,000 would be: 100 X $19.23, the current rate, = $1,923 and 125 X the estimated rate of $17.46 = $2,182.50, for an increased property tax payment of $259.50.

To view Thursday’s budget presentation, go to: https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

Budget process is a teeter totter of balances

By Joanne Beck

School budgets are like teeter-totters, Batavia City Schools Superintendent Jason Smith says.

The old kids’ playground toy — that seated a person on each end and they’d push off when their feet hit the ground — is a balancing act. Likewise, school officials try to have a budget with no one end greatly outweighing the other, he said.

“We’re not just pulling pieces out of thin air,” he said during Thursday’s budget hearing at Batavia High School. “(It’s about) having school programs … and what our taxpayers can afford.”

Teeter totter process …
After board budget sessions and a meeting on April 21, the board adopted a proposed 2022-23 budget of $54.8, which is an increase of $2.7 million from the current year’s budget.

A tax levy of just under $20 million will mean a 1 percent tax increase, which Smith believes is a good deal considering all of the program offerings at BCSD, he said.

During his first few months as superintendent, Smith has heard “over and over” how many opportunities there are, from fishing and skating clubs to academic, athletic and other extracurricular activities, he said.

The district’s focus is mainly on getting kids caught up from prior “learning losses” due to the pandemic’s shutdowns and remote and hybrid education methods, he said. As for the offerings, many of them are not mandated by the State Education Department, including art, laptops, musicals, athletics, smaller class sizes, Community Schools, and even school counselors, he said.

Can anyone imagine school without these amenities, he said.

“These are the pieces we don’t have to have,” he said. “Pieces that really make our school our own school.”

Potential tax rate …
A 1 percent property tax increase would add 19 cents to the current tax rate of $19.23 per $1,000 assessed property value. Comparing apples to apples, the property tax for a home assessed at $100,000 would mean an increase of $19 a year. However, if that same property has been reassessed to $125,000, the yearly property tax would increase by $504.50 ($100,000 X $19.23 versus $125,000 X $19.42).

CLARIFICATION: Because of how tax levies actually determine the tax rate, the tax rate, with increased assessments, could actually go down.  For an explanation, see this story.

The district assessing changing enrollment numbers and the teacher-to-student ratio, he said, to be “conscientious” about the needs and expenses of the district. He emphasized that the district isn’t responsible for setting certain items that can upset taxpayers.

‘We don’t control assessments, we don’t control the tax rate,” he said. “We control the tax levy.”

Taxing entities within the district include the schools, city, library and Genesee County. There is a proposed $100,000 Capital Outlay project included in the budget, which would be reimbursed with about 90 cents for every dollar spent, he said.

What about a ‘no’ …
Smith did not mention, or answer the question from The Batavian previously, about what would happen if district residents should vote this budget down. As Benedict said in response to The Batavian’s question, “I am optimistic that our BCSD proposed budget will pass.”

“However, State Education law provides every school district with options if their budget is rejected,” she said after the meeting. “I am hopeful that this budget passes because it best supports the students of the district.”

The New York State School Boards Association lays out the protocol in case the voters reject a school budget. The school board can prepare and adopt a contingency budget or go to the voters again on June 21, the statewide uniform budget revote day.

If the voters have twice rejected a board-proposed budget for a given fiscal year – either the same budget or a second version – the law prohibits submitting a budget or other expenditure propositions to the voters a third time. The school board must then adopt a contingency budget for the upcoming fiscal year by July 1, NYSSBA states.

Boards may pass multiple resolutions to approve contingency budget appropriations, it states, for specific purposes until the board adopts the overall contingency budget. A contingency budget funds only teachers’ salaries and those items the board determines are “ordinary contingent expenses,” the association states.

Ordinary contingent expenses have been defined under law to include legal obligations; expenditures authorized explicitly by statute; and other items necessary to maintain the educational program, preserve property and ensure the health and safety of the students and staff.

Expenditures that do not constitute "ordinary contingent expenses" include new equipment, public use of school buildings and grounds, except where there is no cost to the district, nonessential maintenance, capital expenditures (except in an emergency) and consultant services to review district operations and make recommendations necessary for the creation of the budget.

The school vote is from 7 a.m. to 9 p.m. May 17 at one of two sites, depending on what side of the city voters reside. For more information, go to: bataviacsd.org

Top photo: 2022 File photo of Batavia City Schools Superintendent Jason Smith. Photo by Howard Owens.

State officials praise Batavia Downs on efforts to curb problem gambling, roll out new resources to help

By Howard B. Owens

If pulling on slots, handicapping ponies, scratching tickets, or waging on Sunday's big games has become more important to you than your family or job, you're addicted to gambling.

That's an important issue, according to state officials who visited Batavia Downs Thursday to promote problem gambling awareness and a new QR code system to help problem gamblers get help fast.

"Today's event is entitled, 'What is responsible gaming?'" said Gaming Commission Executive Director Robert Williams (speaking in top photo). "The answer to that question is dependent upon where you stand. For the player, it might mean not using gambling as a source of income, gambling only with money you can afford to lose, or setting time and money limits for gambling."

In an interview later, he contrasted betting with what you can't afford to lose with William Bennett, the former secretary of education in the Reagan Administration.

"It came out while he was doing his Book of Virtues tour around the United States, that his purpose of entertainment was to gamble and he was gambling several hundred dollars on a pull on slot machines, Williams said. "He could afford that. If you can't afford it, or the idea of gambling becomes something that affects your business or the way you conduct your life, and you think about gambling, it's preventing you from doing something at work, it's preventing you from doing something at home, then that becomes a problem."

The vast major of people who wager on slots, card games, sporting events, and lotteries are not problem gamblers, but because problem gambling can devastate people and families, and even communities, the state is trying to raise awareness about problem gambling, Williams said.  

He was joined at Batavia Downs by three other state officials.

"Problem gambling is sometimes referred to as a silent addiction," said OASAS Commissioner Chinazo Cunningham. "It doesn't have the visible signs that others do. It can cause disruptions in the lives of people who are impacted and impact physical and mental health. Individuals diagnosed with gambling disorders have higher rates over a lifetime of substance use disorders, as well as mental health disorders. And there's a negative impact on family relationships."

There has long been a hotline problem gamblers or their family members could call for help, and a website, but those resources are not always the immediate help some people seek, Williams noted.  The commission came up with the QR code to connect those seeking help more quickly with problem gambling resources.

"We currently have 31 OASAS-certified outpatient programs specializing in problem gambling," Cunningham said.  "We also have 12 state-operated inpatient programs where people in need of inpatient care for gambling disorders can be treated. Treatment is also available through a network of private practitioners connected to each other."

The QR code will be displayed wherever legal gambling is available in the state and at public events such as county fairs.  It will also be printed on scratch-off tickets.

"It's my understanding that the New York Lottery will be the first in the world to employ such a feature on scratch-off tickets," Williams said.

Batavia Downs takes the issue of problem gambling seriously said Henry Wojtaszek, president and CEO.  Employees are trained to watch for the signs of problem gambling, such as excessive use of credit cards to fund bets and to listen to customers for statements that might indicate somebody is struggling with responsible play.

"We know our players by name and we interact with them in a way that says we would like you to have fun and find it entertaining here, but we have to pay attention to the major signs that happen,"  Wojtaszek. "To our staff's credit, they do that and they often bring up information to me when we try to interact with our guests and customers and try to help them in that regard. We're trained to see indicators from patrons that may have a problem. The staff takes their concerns to our managers on duty to see if we need to look further into the situation and explain the actual options we have for them."

Council Executive Director Jim Maney noted that the number of people -- media and Batavia Downs staff -- who turned out for Thursday's event was the largest they had seen at any gaming facility in the state for similar events.

"That is so important to raise the awareness of problem gambling in the state of New York," Maney said.  "And why is it so important? Because we talk about wanting to advocate and care about our fellow people, they know when we care about them. And when you say -- you didn't say these exact words -- 'I'm a mom and pop organization,' what it really says is you guys do know your customers. You know each and every one of them by name. And when they know that you care about them, guess what? They care about themselves a little bit more, especially when we talk about addictions."

Photos by Howard Owens

Henry Wojtaszek

Jim Maney

Western PGRC Program Manager Angela DiRosa said, “Ensuring that all New Yorkers are aware of the potential risks related to gambling, as well as how and where to get help if gambling becomes a problem, is more important than ever. Leveraging technology like the QR Code is another way to remove barriers to problem gambling screening, intervention, and treatment, and reduces the stigma associated with seeking those services.”

Voters approve tax levy for Richmond Memorial Library

By Joanne Beck

Nearly 80 percent of Thursday’s voters approved the requested tax levy for the 2022-23 Richmond Memorial Library budget, Director Bob Conrad says.

A tax levy increase of $21,865 — the first such increase in three years — fell under the allowable tax cap at a 1.6 percent increase, he said. Voters approved the proposition for the Batavia Board of Education to increase the annual appropriation from $1,359,604 to $l,381,469 to benefit the library.

“I am pleased to announce that the Richmond Memorial Library's proposed 2022-23 tax levy increase passed with 79.9% of the vote today,” Conrad said in an email Thursday evening. “An increase of up to $61,947 would have been allowed under NY's Tax Cap legislation, but an increase of only $21,865 was sought.”

In his written message to library patrons before the vote, Board President Gregg McAllister said that several initiatives contributed to the “slight increase,” including an expanded team of professional librarians and a new full-time teen librarian, increased hours for a library assistant who focuses on the middle school population, and expanding hours in the Library Visits program.

“We hope to see you at the library to check out the programs or various resources available to our community, or use our online materials or other forms of technology,” McAllister said in the library newsletter. “”We believe the Richmond Memorial Library is a gem for our city and worthy of its reputation as a source of information and assistance, a true community hub.”

Rebecca McGee, who ran unopposed, was elected to a second term on the board of trustees.

Library tidbits …

As of June 2021, there were:

  • 18,722 active library cardholders
  • 316 programs
  • 17,523 reference questions answered
  • 104 meeting room reservations by outside groups
  • 327 people enrolled in the Summer Reading Program

Who was the most popular author for years 2020 and 2021? James Patterson, and a comparison to others was apparently “not even close.”

BHS auditorium to get a new name

By Joanne Beck

It was the spring of 1927 when a “very unique”assembly program took place at Batavia High School, Patti Pacino says.

Frank E. Owen had just begun as music director, and he asked students to “sing with me.” Not only did they sing, but the school newspaper described it as something to behold, all due to Owen’s incredible influence, Pacino said.

“Because of his strength and excellence, a score of music groups have grown here,” Pacino, a city resident and councilwoman, said during the Batavia City Schools board meeting Thursday. “I’m here to represent hundreds of alumni, asking you to allow us to honor the man who started here at Batavia High School by naming the BHS auditorium after Frank E. Owen, as a show of respect and thanks.”

The board previously had a discussion about the merit of naming a piece of school property after someone notable. Most board members voiced support of the idea and Board President Alice Benedict opposed it. Owen had been suggested for the high school auditorium, and the public was invited to weigh in on the decision. His prominence has been recognized with a Musicians of Note Award in 2019 and a scholarship in his name for seniors pursuing a degree in music.

Upon his arrival, Owen formed and inspired a girls and a boys glee club, bands, an orchestra, a drumline, musical theater shows and a host of aspiring musicians throughout his time to present day, Pacino said. She wasn’t alone in her zeal to see Owen honored in this way. Melzie Case, a Batavia Middle School music teacher, and middle school band director Sean Williams each endorsed Owen as an appropriate candidate for the auditorium name.

Although Case had never met Owen — he was music director from 1927 to 1964 — she’s had a sense of who he was.

“I can feel Frank E. Owen’s work and spirit in our music department today,” she said. “(Naming the auditorium after him) will allow us to honor all past, present and future musicians.”

Williams first gave a brief history lesson on other well-known city icons, such as VanDetta Stadium named as a “fantastic testament” to the positive accomplishments of Coach Daniel VanDetta. Williams then turned to Owen. “This man graced us for 27 years,” Williams said. He added that it would be only fitting to honor him as so many athletic coaches and athletes have been recognized with the Athletic Hall of Fame.

The board required no more discussion when it came time to vote. The move was approved by a vote of yes from Barbara Bowman, Jennifer Lendvay, Michelle Humes, John Marucci and Chezeray Rolle, and the lone no vote from Benedict. Benedict had previously said she wasn’t against Owen but did not agree that pieces of school property should be named after a particular person. 

She announced the board's next move after the vote.

“We will be dedicating the auditorium to Frank E. Owen,” she said.

Law and Order: Bethany man accused of possessing fentanyl

By Howard B. Owens

Jason T. Knickerbocker, 30, of Bethany, is charged with criminal possession of a controlled substance 7th, DWAI combined influence of drugs, operating a motor vehicle with its registration suspended, uninspected motor vehicle, and driving a motor vehicle without insurance. Knickerbocker was reportedly found in a motor vehicle in a parking lot on West Main Street at 11:55 a.m. on Feb. 7 under the influence of drugs. Knickerbocker was allegedly found in possession of several bags of fentanyl. He was issued an appearance ticket.

Stephen Matthew Smith, 33, of Pleasant Street, Le Roy, is charged with failure to register sex offender change of address. He was charged with a Class D felony because of a prior conviction on the same charge. He was arraigned in Town of Le Roy Court and jailed without bail.

Daniel Norstrand, 66, of Church Street, Le Roy, is charged with criminal contempt 2nd and menacing 3rd. Norstrand was allegedly involved in a disturbance on Church Street at 8:56 p.m. April 28. He was released on an appearance ticket.

Jacklyn Ann Collins, 33, no address provided, is charged with petit larceny. Collins is accused of shoplifting from Tops Market in Le Roy at 4:14 p.m. April 26. She was released on an appearance ticket.

Cheyanne Alexis Lauer, 26, of Main Road, Pembroke, is charged with petit larceny. Laura is accused of skip-scanning items at a retailer on Veterans Memorial Drive, Batavia (the address and name of the retailer were not included in the press release; The Batavian has submitted a public-information request for release of the information). UPDATE: The location was Walmart, 4133 Veterans Memorial Drive, Batavia.

Lazeuia D. Washington, 44, of Batavia, is charged with trespass and harassment 2nd. Washington is accused of trespassing at a business on West Main Street, Batavia, and engaging in an altercation at 9:28 p.m. April 24. He was issued an appearance ticket.

Kyle J. Schroeder, 25, of Pavilion, is charged with criminal trespass 2nd and petit larceny. Schroeder is accused of making forced entry into a residence on Liberty Street at 12:35 p.m. April 23, remaining in the residence and stealing a pack of cigarettes. He was issued an appearance ticket.

Booker T. Ricks, 50, of Batavia, is charged with criminal contempt 2nd and endangering the welfare of a child. Ricks is accused of not adequately supervising his son and allowing him to run outside and into North Lyon Street before being found by a passerby. An order of protection was issued and Ricks received an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, was arrested on a warrant for alleged failure to appear. Stevens was arraigned in City Court and released on her own recognizance.  Stevens also charged with trespass at the Red Roof Inn in the Town of Batavia at 9:26 a.m. on April 30. She was released on an appearance ticket.

John A. Cabrera, Jr., 32, of Batavia, is charged with criminal contempt 2nd. Cabrera is accused of using Facebook Messenger at 11:22 p.m. on April 22 to send a message to a person he was ordered not to contact. Cabrera was issued an appearance ticket.

Pedro L. Diaz, 38, of Batavia, charged with harassment 2nd. Diaz is accused of punching another person in the chest and stomach at 5:37 p.m. April 24.  He was issued an appearance ticket.

Feyza G. Osmancikli, 27, of Batavia, petit larceny. Osmancikli is accused of stealing merchandise from a business on Ellicott Street at 6:47 p.m. April 21. She was released on an appearance ticket.

Macella F. Greene, 37, of Bliss, is charged with criminal possession of a controlled substance 7th, felony DWAI drugs, unregistered motor vehicle; unlicensed operator, and moved from lane unsafely. Batavia patrols responded to a report of a vehicle operating erratically when entering the City at 6:10 p.m. on April 22.  Greene was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, is charged with failure to appear. Raphael is accused of failing to appear on an appearance ticket for an alleged crime on March 11. He issued an appearance ticket and turned over to the Sheriff's Office, which also had a warrant for his arrest.

Phillip P. Heale, 43, of Batavia, is charged with trespass. Heale is accused of trespassing in Dollar General at 2:13 p.m. on April 26.  He was issued an appearance ticket. 

Jonah Harmon Schnettler, 23, of Boneset Trail, North Chili, is charged with DWI and driving with BAC .08 or greater.  Schnettler was stopped at 4:29 a.m. May 1 on Townline Road in Bergen by Deputy David Moore. He was issued an appearance ticket.

Amanda Marilyn Jones, 34, no address provided, is charged with three counts of endangering the welfare of a child. Jones was arrested on a warrant, arraigned in Le Roy Town Court, and released.

Joshua Leneir Webster, 35, of West Main Street, Le Roy, is charged with four counts of criminal contempt 2nd. Webster was arrested on a warrant by Le Roy PD. Webster was arranged in Le Roy Town Court and released under supervision. Webster is also charged with criminal obstruction of breathing or blood circulation, menacing 2nd, criminal contempt 2nd, criminal contempt 1st, and strangulation 2nd. The charges stem from an incident reported at 12:06 p.m. on May 1.

Ethelwoldo Galindez, 54, of Alma Avenue, Buffalo, is charged with petit larceny, conspiracy 6th, and driving without a license. William Anthony Lewis, 36, of Atlantic Street, Sloan, is charged with petit larceny and conspiracy 6th. Galindez and Lewis are accused of shoplifting from Dick's Sporting Goods in the Town of Batavia. Both were released on appearance tickets.

Alan J. Worgo, 59, of Albion,  is charged with DWI and driving with a BAC of .08 or greater. Worgo was stopped by state police in the town of Alabama at 8:24 p.m. May 1. He was released to a third-party.

France-based equity firm acquires portion of Empire Access

By Howard B. Owens

A publically traded private equity firm based in France has acquired a portion of Empire Access, a Prattsburgh-based broadband company that provides Internet and TV service to several WNY communities, including Batavia and Le Roy.

It's unclear from the news release how much of a stake in the company Antin Infrastructure Partners acquired.

The release stated that the Wagner family, which has controlled Empire since 1946, will retain an ownership stake in the company and Brian Wagner will remain on the company’s board of directors. Jim Baase, Empire’s COO, will become CEO.

Antin's stock is traded in the European Union and the company reported more than $48 million in revenue last year and has more than $23 billion in assets.

Founded in 1896 in Prattsburgh, New York, Empire offers high-speed FTTP ("fiber to the premises") internet, voice, and digital TV services.

The company reportedly manages a network of 1,280 fiber route miles servicing more than 92,000 addresses and 24,000 customers.

Financial details of the transaction were not disclosed. The transaction is expected to close in late 2022, subject to obtaining regulatory approvals.

“Empire is one of the preeminent FTTP providers in the regions we serve and the Empire-Antin partnership will enable us to grow more quickly," said Baase, quoted in the release. "With still a substantial opportunity ahead, we are excited to partner with Antin to help secure that future growth and provide high-speed broadband access to consumers across our footprint.”

Kevin Genieser, Senior Partner at Antin, promised growth for Empire with his company's investment. 

"Empire is uniquely positioned to leverage its expansive fiber network to provide broadband services to underserved parts of New York and Pennsylvania," Genieser said.

Citizens, CIT (a division of First Citizens Bank), and Webster Bank acted as lead arrangers on the debt financing for the transaction.

Batavia City Schools budget presentation, board candidates on agenda

By Joanne Beck

As much as Michelle Humes would have liked a zero percent tax increase, she also realizes what comes first.

“We have to keep in mind that our students are the priority,” said Humes, a Batavia City Schools board member. “The approved budget keeps all of our existing programs intact while recognizing that there are ongoing financial challenges due to the rising costs our country is facing.”

She is a city homeowner who is also facing rising assessments and cost of living hikes, she said, but she voted for the proposed $54.8 million budget and related 1 percent tax levy increase as a good move for district residents. Echoing what other board  members have said, the decision was not an easy one, Humes said.

“We spent many hours reviewing the budget and working with Superintendent Jason Smith and Business Administrator Scott Rozanski analyzing the numbers. I voted to approve the budget because of the hard work of Mr. Smith and Mr. Rozanski in getting the increase down to 1 percent,” she said. I feel that a 1 percent increase after having a zero percent increase in five out of the last 10 years is a win for the community, especially since it is still below our tax cap of 1.62 percent. I fully support our BOE decision to approve this budget.’ 

Given that the preliminary budget had a 5.5 percent levy increase to support it, Humes and fellow board members have expressed relief that it’s now down to 1 percent. That is not only a win for the community, Humes said, but “most importantly for our students.”

District residents will have an opportunity to hear the budget presentation and ask questions at 6 p.m. Thursday in the Superintendent’s Conference Room at Batavia High School, 260 State St., Batavia. Those wanting to speak do not need to have signed up before the meeting date.

There will also be time to meet Board of Education candidates Korrine Anderson, a newcomer vying for one of three seats; and incumbents John Marucci and Chezeray Rolle. Board member Michelle Humes is not seeking re-election.

Korrine Anderson, center, in a photo used in her election materials. 

A Le Roy High School graduate, Anderson has a bachelors in science from Elmira College, is a health and wellness coach and is ready “to give back in another way” besides volunteering for parent groups throughout her children’s time in elementary and middle schools, she says. She and her husband Michael have three children, Zachary, Aidan and Ava.

“I know what it involves to be an effective member. I am looking to be a part of this side of the education system,” she said in the district’s newsletter. “I think it’s a great opportunity for me to learn and share more of what the school board does to the parents and neighbors and community I know. I am so ready to serve.”

John Marucci. Photo from BCSD Board of Education page

Marucci is currently the board vice president, having served three years, and has “thoroughly enjoyed serving the students, parents and staff of the BCSD,” he said in the newsletter. Marucci’s son Kaden is a senior and Damien a freshman, while two older step-sons are graduates of Batavia High School. A customer service rep with Orcon Industries, he would like to continue serving students as a member of the board, and he believes “we have some unfinished business.”

Chezeray Rolle. Photo from BCSD Board of Education page.

A BHS graduate, Rolle left Batavia to serve in the U.S. Army, which is when he met his wife Bianca. They have three children who are now “walking the same halls that I once did,” Rolle says.

“I love being a voice and serving the people of this community that I live with,” he said in the newsletter. “It will be a great honor to be one of the candidates chosen to sit and make discussions (SIC) on behalf of the citizens of Batavia.”

The agenda includes a counseling plan presentation by counselor Sherry Crumity, a vote on dedicating and naming the high school auditorium for former music director Frank Owen, and a board discussion about the public speaking policy to sign up by 1 p.m. the Friday prior to a Thursday board meeting.

A Vietnam vet's journey brought him to Batavia and a better life at Liberty Square

By Howard B. Owens

Eagle Star housing is "in the business of saving lives," Dennis Mahoney told the dignitaries and residents gathered Tuesday morning for the Liberty Square ribbon-cutting ceremony in Batavia.

Mahoney, a Vietnam veteran with PTSD and traumatic brain injury, said he isn't sure he would have made it without the assistance of Eagle Star.

His path to Liberty Square started with getting admitted to the PTSD program at the VA in Batavia.

"Getting there was a journey that took me decades," Mahoney said. "I was a great Marine but a horrible civilian. I didn't make the transition too well, but I also said the country didn't treat us too good coming home. That's been turned around greatly. Now I'm proud to be a veteran, proud to have served my country and served as well."

Mahoney's rocky journey after the war included a few encounters with law enforcement, he said.

"I was a mess when I came home," he said. "I'm not gonna use that as an excuse. Not all veterans did that. But I got myself together. And I wanted to make a life for myself. And I found that very difficult. I went from a hotel in Upstate New York with the intention of taking my life."

That attempt got him to a veterans hospital in Montrose, then transferred to Bath, and then Batavia.

Treatment in Batavia, he said, "literally saved my life."

But that wasn't the end of the journey.

"I had no idea what I was going to do," Mahoney said. "After I got out of treatment, I was totally lost. Eagle Star housing had something waiting for me (in Pembroke) where I could ground myself and look for a place to live. That was very difficult. I had no history. I had no way of marketing myself. My only talents were what I learned in the Marine Corps, so not very marketable."

Eagle Star's house in Pembroke is meant to be temporary assistance, but Mahoney held on until Liberty Square became available.

Now Mahoney has safety and security and he's also found a purpose in life.  He attends City Church, where he volunteers to help people with disabilities get to church and helps with food distribution.

He is grateful he found Batavia, he said.

"It's a great community. I found a life here. I've found things that I was able to do and I can give back to the community."

He credits Eagle Star and Liberty Square with rounding out a long and difficult journey to a better life.

"So many veterans with PTSD aren't making it every day," he said. "This facility, if we could replicate this all over the country, we would help veterans stay alive, not only prosper and find employment, but find a home that's affordable."

See also: Liberty Square apartments a 'much-needed' addition to Batavia

Photo by Howard Owens

Liberty Square apartments a 'much-needed' addition to Batavia

By Howard B. Owens

The ribbon is cut, but Liberty Square, 554 East Main St., Batavia,  has been serving as a residence for as many as 28 veterans since December, and for Zach Fuller, executive director of Eagle Star Housing, that is "mission accomplished."

"Our mission is getting veterans back on their feet back into the community and interacting with the community," Fuller said.

Liberty Square is a collaborative project between Home Leasing, LLC, based in Rochester, and Eagle Star, with financial assistance from the State of New York through Homes and Community Renewal.

"We started the program for transitional 60-day programs, but we knew that if the veteran didn't have anywhere really to go from a transitional housing situation they would face difficulty and not have support services," Fuller said. "Working with New York State and the governor's office and HCR, where they came out with a program a few years ago with a housing-first model that allows us to get our veterans into safe housing. From here we're able to provide support services for them 24/7. We provide them with apartment furniture, any type of toiletries, and day-to-day needs they have. We're here to help them. We're trying to do everything we can to keep them on their progress path back to stability and back into civilian life."

The complex cost $12 million and includes 39 additional one-bedroom apartments, and eight two-bedrooms targeting people with a household income of 60 percent of the area's median income.

City Council President Eugene Jankowski said the complex is a welcome addition to Batavia.

"Every study that the City and the County has done since 2010 has identified housing as one of our main needs," Jankowski said. "I realized what projects of this magnitude require. It's a lot of work by a lot of people. I was talking to Zach earlier and he said when this project started, his son was a newborn. And now he's five years old. So it goes to show you how long and how much perseverance it takes to get a project like this off the ground."

That perseverance is paying off, he said, because "for our veterans and those who qualify, these apartments are going to be a much-needed addition to the city. They're going to provide a safe and comfortable space to call home."

Photos by Howard Owens

Zach Fuller.

A plaque in the rec room will honor Bill Mosman, the late owner of Mosman Paint, which stood on one of the properties now occupied by Liberty Square for more than six decades. Mosman served in the Navy during World War II.

Local leaders and developer celebrate groundbreaking for 'affordable' Ellicott Station in Batavia

By Joanne Beck

Switching gears from the fast track to market-rate housing, businessman Sam Savarino now believes that Batavia — more specifically Ellicott Station — is more about being affordable.

“It’s difficult for people to afford housing, and then there’s a shortage of quality, affordable housing,” Savarino said to The Batavian after the ceremonial groundbreaking of Ellicott Station Tuesday. “In any event, the market study showed that there was a top end of the market that people could afford to pay in this area, otherwise, it wouldn’t be successful.”

Savarino, of Savarino Companies, was joined by City of Batavia and Genesee County leaders to pitch some dirt as a symbolic gesture for the beginning phase of a 3.31-acre mixed-use redevelopment project of vacant and abandoned industrial brownfield land downtown.

Abatement, demolition of two dilapidated buildings, land remediation, reconstruction of public storm drainage infrastructure, and construction of a 55-unit apartment building is on the way toward a summer 2023 completion. The site is to also offer adaptive reuse of the building to be used as a brewery, restaurant and/or events facility, plus improvements made to a public ‘Rails to Trails’ walking trail.

The total project cost is $20.7 million for 74,000 gross square feet, four stories, 55 units, 52 balcony units, nine units meeting Americans with Disabilities Act requirements, 37 garage parking spaces and 44 surface parking spaces, built-in laundry facility, an elevator, community room, bicycle storage and an enclosed ADA playground.

Another portion has a $4.2 million price tag and includes 11,285 square feet, 5,000 of which are for an outdoor landscaped beer garden, 25 dedicated surface parking spaces and rear access with loading dock and storage areas.

Savarino wants to build housing for people that can and will use it. And the state will help out “to close the gap” by providing housing tax credits and financing for such housing projects, he said.

“So, in return, they’re going to expect you to make sure that those rents are — remain — at that affordable rate if you don’t take advantage of what they offer,” he said.

Otherwise defined as “workforce housing,” with one and two-bedroom units, the Ellicott Street complex will most likely attract people earning about $20 an hour or below, he said. Ellicott Station should be affordable to them, he said.

“The idea being that nobody should be expected to pay more than a third of their income for occupancy that includes rent, or a mortgage, and their utilities,” he said. Part of the idea was if you’re creating jobs here, you want to have safe, modern quality housing for those workers that they can afford.”

The project is part of Batavia’s Downtown Revitalization initiative and is located within a state-designated Brownfield Opportunity Area, which requires abatements and remediation from prior use of toxic materials on the property.

Top photo: Local government leaders literally pitch in to celebrate the groundbreaking of Ellicott Station with project owner Sam Savarino, shown in second photo; and Genesee County Economic Development Center Executive Director Steve Hyde and above, Batavia City Council President Eugene Jankowski say a few words in praise of the development. Photos by Howard Owens. Renderings courtesy Savarino Construction.

Mother’s Day event an opportunity for crafts, baked treats and art appreciation

By Joanne Beck

Jim Stucko recalls when he was going to bed at night and his father would head for the kitchen. The elder Stucko was going to prepare a few batches of his winning rye bread recipe so he could bake it and take to some friends in the morning. 

Not only was Stucko, a former Elba resident, a talented sculptor and artist, but he was also “an amazing cook,” his son said.

“I miss the guy a lot. Every time I cook something I think of the conversations we had in the kitchen,” Jim said during an interview Tuesday with The Batavian. “My parents rocked this world.”

Art pieces from John and wife Sophie Stucko’s collections will be on display with late artists Patricia Burr and Eunice Hare Murphy for a first-ever Mother’s Day Craft Sale and Basket Raffle 10 a.m. to 3 p.m. Saturday at the Elba Firemen's Recreation Hall, Route 98, Elba. The event is being organized and hosted by Elba Betterment Committee. 

“The whole thing is part of the grant we received from GO Art! for our project: Elba Betterment Committee presents Art Around Town. The idea for including our local artists actually came from one of our members, Kelly Dudley, who has always wanted to do this sort of thing at The Mill in Elba,” EBC President Pauli Miano said. “After contacting families, three were willing and excited to share their loved ones’ talent with us.”

The artist pieces will be on display in the Rec Hall. Burr and Murphy were art teachers at Elba Central School, and all three artists shared their work in the community by donating pieces to the school, churches and other organizations, Miano said. 

The Stucko couple collaborated on a lot of projects, Jim said. John would make wood cabinets and Sophie’s handmade stained glass would adorn the doors. She was from Batavia and John from Albion, and after they married they purchased a home in Elba, Jim said. His parents were avid outdoors lovers, and his dad memorialized various species of birds and fish in a painstaking fashion. 

“The birds were carved, the feathers were burnt into the wood for texture, and then he painted them. I bet he’s got 100 hours into the painting,” Jim said. “It wasn’t a job; it was a labor of love. He would stay in his shop painting, and if he didn’t like it, he would paint it again.”

He remembers his dad scouring books for just the right species of bird, and fine-tuning the colors and textures of each piece. His work grew so popular that people would offer to commission him for particular projects, though John rebuffed them. He preferred to create exactly what he wanted, and not necessarily what others had in mind, Jim said. Quite possibly the artist was a perfectionist, and it showed in his work. 

One of his last pieces was a pileated woodpecker for someone he connected with over a love of the outdoors and birds. 

“It was absolutely mind-blowing,” Jim said. “He was highly skilled in many venues, and he was a people person. Until we started to go through photos, I never realized how much my dad smiled.”

Jim chuckled as the thought about his folks’ resolve to remain strong — or strong-willed in some cases — throughout their busy lives. John Stucko was active with his craft, which included gourd carvings, until he died in 2019 at 89. Sophie died a few years prior in 2017 and was 83.

There will be 25 vendor tables featuring hand-crafted items and food. The committee wanted to ensure there wouldn’t be a lot of duplicated items, so each vendor is to be selling a particular craft. They range from wood signs and handmade purses to floral arrangements, ornaments and, for the sweet tooth, a bakery section with cookies, cakes and cannolis, Miano said. 

The committee will also be serving food to purchase, and the first 50 Moms will receive a free carnation. Genesee County Sheriff’s Office staff will also be on hand with photo and fingerprint equipment for families that request it for their children.

Eunice Hare Murphy was a 1948 Elba Central School graduate. She then completed her degree in Art Education at Skidmore College in Saratoga Springs.  She completed her MS in Elementary Education from SUNY Brockport. Her first teaching job was for the West Bloomfield School District.  Her family shared that she drove her small Chevy with a standard transmission back and forth from Genesee County every day.  

Over the years, “Eunie”, as she was known to her friends and family, taught art at Byron Bergen Central School, and finished her distinguished career as an educator at Elba Central.  She taught classes in Art, Crafts and Photography.  Eunice was a member of the Writer’s Guild in the 1970s and even tried her hand at poetry.

Eunice loved gardening, and with the help of a variety of rocks and different plants, enjoyed making clever and, at times, eccentric gardens. While teaching at Elba she was the yearbook advisor, and helped to develop the Variety Show which ran for years afterward as a fundraiser for the yearbook. Eunice lost her four-year battle with cancer in 1988 at the age of 57.

Patricia Burr’s enthusiasm for painting is evident in a collection of 14 sketchbooks, each with memories of the places and people she visited during vacations, workshops, and even in study hall at Elba Central School. Along with pencil and ink sketches is a drawing rendered in brown eyebrow pencil while in the dark at Kleinhans Music Hall without a pen.

Her minivan didn’t leave her home without “the art stuff,” just in case she would find an interesting scene. This could be while waiting for the doctor or dentist, or even during time-outs during jury duty; that was the time for her sketchbook.

Burr’s philosophy was to “make a drawing because you gain much more information by observing the subject than you do when you simply snap a photo.” Scribble a few color notes, date and time of day, weather alongside the sketch to help when planning to paint later in the studio, she said.
Burr was inspired by fellow painters Margaret M. Martin, Franklin Jones and Don Getz. Her education included Albright Art School, Buffalo State College, University of Buffalo and Rochester Institute of Technology.

Active all of her life, Burr died at age 96 in 2014. 

For more information, go to: https://www.facebook.com/elbabetterment/

Top photo: A duck sculpture by the late artist John Stucko, and several artworks by Stucko and artists Patricia Burr and Eunice Hare Murphy to be on display at the Mother's Day Craft Show and Basket Sale from 10 a.m. to 3 p.m. Saturday at Elba Firemen's Recreation Hall on Route 98, Elba. Photos by Howard Owens.

Medication-assisted-treatment has many names, but one goal: To save lives of those in recovery

By Mike Pettinella

No matter what term is used – and there are several of them, the practice of combining medication and treatment for people struggling with substance use disorder has a singular goal: Saving lives.

“Medication-Assisted-Treatment – or MAT – is an evidence-based program that has been shown to make a positive difference in saving lives for persons with an opiate use disorder. And it's considered the gold standard for treatment of opiate use disorder,” said Ann Bowback, clinical director at Spectrum Health & Human Services in Warsaw.

Bowback is the project director for the Partnership to Address Opioid Epidemic and Save Lives in Western New York Through Medication-Assisted-Treatment, a program funded by the federal Substance Abuse and Mental Health Services Administration.

Speaking at the GOW Opioid Task Force quarterly meeting recently, she explained that her program, in collaboration with Evergreen Health, is looking to increase the number of persons receiving MAT within the Spectrum agencies by at least 200 per year.

“We work to link people with a prescriber the same day, if possible, but at the latest within 72 hours of their initial visit with us,” she said. "We also will add two additional data waiver subscribers per year in order to meet the needs of these additional 200 people. And with this grant, our goal is to ensure that all the MAT clients are offered peer services (recovery advocates) within 60 days of admission.”

Other speakers at the meeting, which took place at The Recovery Station on Clinton Street Road and provided access via Zoom videoconferencing, were Melissa Weingarten, Wyoming County Jail nurse, and Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse.

Bowback said most substance use disorder providers along with jails and prisons are taking a “whole patient approach” to treatment.

“MAT is more than just medication,” she said. “For some members of the recovery community, including our Evergreen partner, they refer to this as MAR – medication-assisted-recovery. This can be a referred term for some people because it emphasizes a person's commitment to recovery while using medications, and they may or may not be involved with treatment.”

She also said it can be referred to as MOUD (medications for opioid use disorder), which zeroes in on the importance of medication and addressing opiate use, and also as OTP (opioid treatment program) or OBOD (office based opiate treatment).

“PWUD stands for people who use drugs as we’re ideally trying to get away from some of the stigmatizing language like addicts and things like that,” she added. “OUD stands for opiate use disorder and OTP is where you would get medication such as methadone.”

Currently, the Food & Drug Administration has approved three medications for treatment of opiate use disorder -- methadone, naltrexone and buprenorphine, Bowback said.

“All medications work a little differently, but all basically normalize brain chemistry in order to reduce cravings and withdrawal symptoms,” she noted. “Methadone was first used in 1947 to treat opioid addiction and critics complained at that time that methadone merely exchanged one drug for another which led to strict government control over methadone, and that continues today.

“Now, in order to receive methadone for an opiate use disorder, you have to obtain it from an OTP. And although methadone is very effective, some individuals are hesitant to take this medication.”

Bowback said Spectrum offers naltrexone (brand name, Vivitrol), which was approved to treat opiate use disorder in 2010.

“The extended-release formulation is generally preferred for the treatment of opiate use disorder,” she said. “But some individuals do still prefer the pill form. Our prescribers will typically start a person on the pill form prior to prescribing the injection just to ensure the person is able to tolerate it. In order to receive this medication, though, the person cannot have opiates in their system; otherwise, they'll experience withdrawal. So, you must be abstinent for at least seven days.”

Spectrum also offers buprenorphine (also known as suboxone) for MAT, she said. In the 60s, buprenorphine was developed for treatment of pain and approved for treatment of opiate use disorder in 2002.

“Unlike methadone, a person almost immediately receives a seven-day script and within a very short time is able to receive a script for 28 days, which results in less daily disruption to lifestyles,” she advised. “You don't have to be present at a clinic daily … and you don't have to be abstinent for seven days in order to receive the medication.”

Medications reduce withdrawal and cravings and, as a result, decreases the use of illicit drugs and overdose, stabilizes the brain and “most of all, saves lives,” Bowback said.

“It also socially decreases criminal activity and reduces risk of transmission of communicable diseases, reduces risky sexual activity, and increases engagement with treatment.”

MAT is at the core of services at GCASA, which offers an integrated treatment and OTP clinic at its main location in Batavia as well as clinical services at its Orleans County location in Albion, Hodgins said.

“When I started at GCASA in 2002, we were already doing medication-assisted-treatment with alcohol, using naltrexone to treat alcohol dependence,” she said. “And then shortly after, we did start using buprenorphine -- suboxone for opiate use disorder individuals that came in.”

Hodgins said GCASA counselors and medical professionals treat medication for substance use disorder “similar to any kind of medication that you take.”

“So, those on medication are definitely in recovery – it just assists with the recovery. And it really does help reduce the cravings and the physical withdrawal.”

Weingarten shared that Wyoming County Jail started its MAT program in early 2020, offering suboxone and naltrexone.

“We provide medication to those who have been on MAT programs in the community, as long as we can verify that they’ve been in treatment and continued to get it,” she said.

She also mentioned that Gov. Kathy Hochul signed legislation that requires all prisons and jails, beginning in October, to provide MAT to inmates.

“So, we've started that way before she's required it,” she said, adding that the jail program includes individual and group counseling – and connection to peer recovery advocates.

Hodgins said “it just makes sense” to keep incarcerated people on medication, especially considering the rising overdose rates. GCASA provides services to inmates in six jails or prisons, including Genesee, Orleans, Albion, Groveland, Wyoming and Attica.

“Our common goal in our community is to save lives and I’m grateful that the state is on board with that,” she said. “I believe the best way to proceed is to start with a thorough assessment while they’re in jail and getting them on the right medication prior to release. That is how we’re going to save additional lives in our community.”

Photo: Melissa Weingarten, right, Wyoming County Jail nurse, makes a point as Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse, during the GOW Opioid Task Force meeting at The Recovery Station on Clinton Street Road. Submitted photo.

Disclosure: Mike Pettinella is the publicist for GCASA.

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