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The transformation of the Save-A-Lot grocery store building at 45-47 Liberty St. took another significant step forward on Tuesday when the executive director of the Erie County Bar Association Volunteer Lawyers Project, Inc., signed a long-term lease for 7,630 square feet of commercial office space on the ground floor.

“We’ve outgrown our space at our current location (in the former Kozak plant on South Lyon Street), so it seemed like a good opportunity to start looking around,” said Gretchen Gonzalez, an attorney who directs the Buffalo-based program. “We were looking at some other spots, but it's very difficult to find the size that we needed in Batavia. So, finding this space with Victor (Gautieri) was great and to be able to break it up to what we need.”

Gonzalez and Gautieri, president of VJ Gautieri Constructors, building owner and developer, agreed to terms and signed the contract yesterday afternoon at the VJ Gautieri office on Liberty Street.

Gavin McKeirnan Townsend, licensed real estate salesperson with HUNT Real Estate ERA on Jackson Street, also attended.

“Obviously, piggybacking on the beautiful apartments upstairs and knowing that we had about 16,000 square feet available of commercial space downstairs, we definitely wanted to leverage that and keep the momentum going,” said Townsend, who brought the two parties together. “It’s great to have prime commercial space here in the city of Batavia with sort of the resurgence of everything that's happening in downtown.”

Last fall, VJ Gautieri completed a $3.1 million project supported by $1.15 million in New York State Downtown Revitalization Initiative funding that resulted in the City View Residences -- 10 upscale apartments on the second floor of the building -- along with first-floor storefronts and building-wide façade improvements.

With VLP’s signing, VJ Gautieri now has about 8,000 square feet of commercial space on the first floor available for leasing.

Gautieri said offices of the Erie County Bar Association Volunteer Lawyers Project, known as VLP, will be located in the southwest portion of the building.

“They’re not taking the storefront. They’ll be able to walk out there – we’re going to create a new entry for them – and look almost directly at Batavia Tailors,” he said. “We will be doing the lease build-out – creating the space and dividing it to set up their offices.”

He noted that DEAN Architects of Depew, the firm that designed City View Residences, has been hired to configure the space for VLP’s 23 offices.

“We did an in-house version of a few things just to get the ball rolling, but the architect is going to play off of that and say, ‘Okay, here's what you need,’” Gautieri said. “He's going to also meld all the code requirements in to make sure everything is good. We have to construct the restrooms, entry lobby, reception area and then all the individual offices for the folks who will be working there.”

Gonzalez talked about VLP’s mission and the importance of a presence in Batavia.

“Our initial office is in Buffalo, and we've had a secondary office in Batavia for a number of years,” she said. “We started off with renting space for one office for one attorney – a paralegal that was out here all of the time – and then in 2016, we leased more space there and we now we have around 15 attorneys and five paralegals and two social workers.”

She said VLP is a “hybrid legal services organization” that has attorneys on staff plus a bank of nearly 500 lawyers in private practice that volunteer their time and provide expertise at no cost to clients.

“VLP is the largest provider of indigent immigration services outside of New York City in the State of New York,” she said. “Our Batavia office houses part of our immigration program. It's funded by a grant from the New York State Office of New Americans to provide a public defender-style representative representation to anyone who's detained (and facing deportation) at the federal detention facility (in Batavia).”

While the immigration piece is key to work in Batavia, it’s just a part of what VLP does, Gonzalez noted.

“I always like to say that we do anything under the sun except for criminal law. Because in Buffalo, we have housing attorneys, we have family law attorneys, we do divorces, end of life planning, wills, power of attorney, healthcare proxy,” she said.

“We have a low income taxpayer program that helps people who have cases and controversy with the IRS. We have a program that's specifically designed to serve people who are HIV positive. And we have another portion of our immigration program in Buffalo that provides services to people who are not detained and mostly provide services to victims of human trafficking and domestic violence and other sorts of crimes.”

Gonzalez, who has been with VLP for 10 years, said about 20 full-time employees will be working out of the new Batavia office, and will be supported by attorneys at other locations who volunteer their time.

Gautieri said he is keeping another 1,000 square feet in reserve just in case VLP needs to expand in the future. He said the anticipated move-in date for VLP is Aug. 1.

CLICK HERE for more information about the Erie County Bar Association Volunteer Lawyers Project, Inc.

Photo at top: Gretchen Gonzalez, center, signs a contract to lease more than 7,500 square feet of office space at 45-47 Ellicott St., site of Save-A-Lot and the City View Residences, as Victor Gautieri, president of VJ Constructors, and Gavin McKeirnan Townsend of HUNT Real Estate ERA, look on. Photo by Mike Pettinella.

Previously: Ribbon cutting marks completion of City View Residences revitalization project in downtown Batavia

 Jay Lazarony may not know every child he’s encountered by name, but he sure knows their struggles and accomplishments over his last two-plus decades in Genesee County.

Lazarony has worked with thousands of kids to introduce them to vocational opportunities and lessons about required job skills, from time management to good work ethics. He’s had a passion for offering those opportunities since beginning his career journey at Arc of Genesee County and then embracing his roles at Genesee County Job Development Bureau, Adolescent Vocational Exploration Program, Genesee County Youth Bureau, and more recently, at GLOW Workforce Development Board.

”Really, who I'm proud of are the youth that I've worked with and assisted over the years, and helping them to reach a certain level of success. Because they're an open book. They come in and you give them an opportunity. You can fill that book up with enthusiasm, with knowledge about careers and how to go after careers rather than, you know, this is what I'm always going to be,” the GLOW Work Force Development Board executive director said to The Batavian. “And you can give them all the career possibilities and all the opportunities. It’s nice to know you had some effect on them. There have been some great success stories.”

There was the shy 15-year-old who ended up becoming a nurse practitioner and the student who didn’t even think he was going to make it through the program and went on to obtain an education at Rochester Institute of Technology. 

Those 25 years plus his own hands-on job development working in the family business has not only equipped Lazarony with notable skills but now also with recognition as a 2021 Genesee County Chamber of Commerce Geneseean of the Year Award. 

Karyn Winters, director of Genesee County's Business Education Alliance, nominated him for being an "exemplary professional and volunteer," and embodying what's great about Genesee County," she said. He founded GLOW With Your Hands in 2019 and has been a "selfless, kind, motivating and fearless leader," she said.

"While his career alone warrants recognition, what truly makes Jay an admirable Geneseean is his infectious enthusiasm to mentor local youth," Winters said in her nomination.

Do a quick rewind to 1975, when Lazarony graduated from Batavia High School. A few years later his family bought a failing but well-known restaurant franchise — KFC — in 1978, and he worked there until 1990. Lazarony watched his father Horace put in long hours and weekends to make it a success.

“When we took over, it was really rundown, one of the worst in the nation. I watched my dad open and close every day, I watched his enthusiasm for what he did,” Lazarony said, noting one big lesson he learned from that. 

“Now, I didn't love the restaurant business, and many people know that. But what I learned from him is that … find the thing that you love the most and make it your career. And that's what I got from him. And you know, it's funny, because in 2005 or 2004, he was a 73-year-old man at that time, and he was working probably 9 a.m. to 8 p.m. Monday through Friday, only about five or six hours on Saturday or five or six hours on Sunday. And he did that for 28 years that way. And we watched that,” Lazarony said. “Whether you like that business or not, you know that in order to be successful, sometimes you put in the hard work. So I think I learned that from being in that family business.”

He also imparts other nuggets from those restaurant days: be kind to your employees and co-workers, understand that they’ve got busy schedules with other activities, so cut them some slack when needed, and believe that kids can learn good work ethics with a mix of patience and tough love. 

A huge music fan, Lazarony said only two things kept him from a singing career: he couldn’t carry a tune or play guitar. He has enjoyed going to concerts and music events, including one at which Neil Young played “beautiful music for hours and hours.” 

Jenn, one of Lazarony’s program participants who saw him as a father figure, asked him to walk her down the aisle for her wedding. He proudly accepted. The experience was “one of the thrills of my lifetime,” he said. She thanked him with a hand-drawn sketch of Young on an old magazine cover. It’s framed and hanging on Lazarony’s office wall.

“It will be here until I retire,” he said. 

As for retirement, he will face that “when I get tired,” he said, which certainly isn’t any time soon. He’s having “way too much fun” right now and focused on getting a skilled workforce in Genesee, Livingston, Orleans, and Wyoming counties. 

“And to inspire people to work. We have a gap, and that’s why we have GLOW Work With Your Hands, to provide a skilled worker, and a job for every job-seeker,” he said.  “COVID really hurt us. We’re recovering … we’re in pretty good shape.”

His professional bucket list is to continue that mission and to use grant funding judiciously to assist those people who want to work with related “wrap around” services, such as paying for night nurse or welding certification costs, durable boots for the newly hired manufacturing worker, a five-hour safety course fee for a truck driver or mileage money to get to and from a job. 

“There’s plenty of need,” he said. 

He remembers his lack of enthusiasm when his family moved from Liverpool to Batavia in his senior year of high school. He wanted nothing to do with it, he said. Funny how time changes things.

“I've fallen in love with Genesee County, especially the city of Batavia; I think it's a great place to raise a family,” the 63-year-old said. “I think it's a wonderful place to just live, shop, and work. And I don't ever want to leave now.”

He and wife Donna will celebrate their 39th wedding anniversary this summer and he is an unapologetic doting grandpa to his seven grandchildren. 
The best part of a weekend is when a grandchild wants to come over for the day, he said. That, supporting the Buffalo Bills, reading, gardening and Netflix rounds out his leisure activities.

As for the award, “I was shocked,” he said.

“And then extremely excited,” he said, mentioning his GLOW staff of 45. “I’m not here without any of them.”

Top photo: Jay Lazarony shows one of his favorite pieces of art, a handmade sketch by Jenn, a former program participant. Photo by Howard Owens.

This is the second of four articles highlighting the 50th Annual Chamber of Commerce Awards. The annual dinner is Saturday at Batavia Downs, with hor d’oeuvres at 5 p.m. and dinner at 7 p.m. For more information about the dinner, call the Genesee County Chamber at (585) 343-7440.

For years, we've all been getting it wrong.  We've been misspelling the name of Thorp Street.

Until today, The Batavian never published a story that didn't spell the name of the Southside street between Watson and Maple, parallel Evans, as "Thorpe," with an unnecessary "e" on the tail.

It's not just us -- Google, Apple, scores of real estate-related sites, and even the Batavia Daily News, have been spelling it "Thorpe" for who knows how long.

That spelling may be traced to a mistake by a now-long-retired and unknown city worker who made a street sign for the roadway and for some unknown reason added that pesky "e."

City Manager Rachael Tabelski said she checked with Ray Tourt, superintendent of the Bureau of Maintenance, who said some years ago a city crew made a routine sign replacement while other roadway maintenance was being performed on Thorp and this apparently is when the spelling was misspelled for, perhaps, the first time.

Tourt said he isn't sure how the crew came up with "Thorpe Street."  Perhaps spell-check offered the alternative spelling.

The mistake was recently discovered and the street signs were corrected.

That doesn't change the archives of The Batavian, nor the Batavia Daily News.  In the case of The Batavian, there's no indication we've ever spelled it "Thorp" and the Daily News has one instance of "Thorp" we could find in a search of its website, which returned 95 articles from the past decade.

Records indicate the street was dedicated in 1894 as "Thorp Street." 

Before that, it was known as "Thorp's Alley."

County Historian Michael Eula said that county records indicate that local landowner David Thorp opened the alley, which ran in a southern direction from the New York Central Railroad to the former Hill Street.

City Historian Larry Barnes said in the city's Official List of the Streets" from 1912, and another from 1920, list the street as "Thorp." 

County Clerk Michael Cianfrini said a search of land records from the 19th Century produced several landowners in the area who spelled their name "Thorp" but none who spelled their name "Thorpe."

County Planning Director  Felipe Oltramari said the county's 911 database spells it "Thorp" as well, which means it is also "Thorp" in the state database. 

The County's tax records site contains the correct spelling, "Thorp," but search Google and pretty much everybody spells it "Thorpe."

"Google has it wrong as Thorpe probably because their latest StreetView imagery (Sept. 2017) shows the old street signs that say Thorpe," Oltramari said. "I submitted a request to Google, Apple, and MapQuest to change it to Thorp but may be rejected until new StreetView imagery can confirm it."

The Batavian discovered the mistake when local real estate broker Lynn Bezon placed an ad for a property at 1 Thorp that is for sale.  We wanted to correct the spelling. She corrected us.

Photo: Screenshot from Google StreetView showing the old "Thorp" street sign misspelled "Thorpe."

Genesee County will be seeking at least $7,800 from a Batavia man in connection with a code enforcement dispute involving property that he was leasing in the Town of Pavilion.

County Highway Superintendent Tim Hens today informed The Batavian that he made several attempts – unsuccessfully -- to contact Justin Hofert and have him remove items and debris from the county right-of-way on property off Transit and East Bethany Le Roy roads.

“After no response from Mr. Hofert, the county removed the items at our costs and we will be seeking restitution from Mr. Hofert for these costs,” Hens said. “We’re still assembling final costs from dumpster expenses; we have $7,800 in labor and equipment thus far.”

The dispute, which had been going on for more than three months, centers upon a lease agreement between Hofert and an elderly East Bethany woman who owned the property just outside the Town of Stafford border.

Hens said problems arose when it was discovered that a county-owned abandoned right-of-way (formerly County Road 2) was part of the property being leased.

“County Road 2 was relocated many years ago, but the county has maintained the drainage from the older section as well as the new drainage along County Road 2,” he said.

The woman entered into a lease agreement with Hofert, who owns neighboring land, Hens said, inadvertently including the county-owned parcel in the deal. Previously, the county also had informed the woman that her barn on the property was encroaching on the abandoned right-of-way.

Hens said that Hofert proceeded to place many items and debris on the property and in the barn, prompting complaints to Town of Pavilion officials, who, in turn, notified the county of the code violations.

“Most of the junk is on county-owned property so technically speaking, the county would be the one in violation of the property maintenance code,” Hens said.

Working with the county attorney, Hens eventually was able to get the woman’s approval to remove the junk from the property.

“As much of Mr. Hofert’s debris was in and around the barn -- which was also built partly on the right-of-way without authorization -- the county obtained an affidavit from (the woman) to demolish and remove the barn as well, and that has been done,” Hens said. “Aside from seeking restitution from Mr. Hofert, the matter is settled.”

Aerial photo above shows the right-of-way property in dispute (shaded in red) and the barn that was on that parcel along East Bethany Le Roy Road in the Town of Pavilion.

A new law that creates a Conditional Adult-use Cannabis Cultivator license in New York represents a high note for private businesses, including Empire Hemp Co. in Batavia, that have found their niche within the guidelines of the state’s Marijuana Regulation & Taxation Act.

Late last month, Gov. Kathy Hochul put her name on legislation that now permits hemp farmers in the state to apply for a conditional license to grow cannabis during the 2022 season for the approaching adult-use retail market.

Chris Van Dusen, who, along with Shelley Wolanske, owns Empire Hemp, called the recent development “fantastic news for us.”

Empire Hemp operates in two locations in the city: a processing facility on Swan Street and a retail store at 204 East Main St.

According to information from Hochul’s office, under the law, conditionally licensed cannabis farmers must meet certain requirements, including safe, sustainable and environmentally friendly cultivation practices; participation in a social equity mentorship program, and engagement in a labor peace agreement with a bona fide labor organization.

Van Dusen (pictured at right) said Empire Hemp is in a position to benefit from the legislation.

“We're eligible both on the growing side and the processing side because there's also a provisional processing license, and we're one of 17 in the state that's eligible for processing,” he told The Batavian on Monday. “And we're one of less than 200 that are eligible for the growing side because we did grow two seasons in a row. That’s just one of the prerequisites for that.”

The law carries several requirements, including one that allows hemp growers that have grown in the past two or more years to plant one acre of high THC cannabis for recreational uses.

Van Dusen said his company, after harvest, “will take that cannabis, that flower, and bring it to our facility, and turn it into a host of products, whether it's pre-rolled cigarettes, vape cartridges, pre-packaged smokable flower as well as edibles, namely gummies. That’s what we’re going to be focused on; those are going to be our top four products.”

He also said he will incorporate the cannabis into topicals and other products that Empire Hemp sells on the CBD side of things. Currently, state law prohibits Empire Hemp, as a grower or processor, from having any financial interest in a dispensary.

Batavia’s City Council previously voted to opt in to the MRTA to host cannabis dispensaries, seeking to capitalize on the tax revenue associated with retail sales.

Empire Hemp is a CBD dispensary, Van Dusen said.

“We sell all the products that we make in our facility as far as therapeutic CBD oils and topicals, as well as skincare and self-care products. And we do sell some smokable hemp,” he said, adding that sales have been robust and that he and Wolanske are prepared to add employees and ramp up production as a result of the new law.

When asked if he saw any downside or “unintended consequences” from the legalization of cannabis for recreational use, he said that he believes that some smoke shops are selling marijuana without a license, looking to avoid paying taxes to the state.

“It’s something that needs to be talked about even if people just think it's no big deal,” he said. “I think it is a big deal because we want to play by the rules and we want to be part of the program that they're putting together and be successful at that. These guys that are doing it (illegally) are just going to make quick short term gains.”

Van Dusen said he knows that the state’s Office of Cannabis Management has been sending out cease-and-desist letters to shops that they suspect are operating outside of the law.

Cameron J. Sokolowski, 29, of Batavia, is charged with theft of services. Sokolowski is accused of refusing to pay cab fare at 10:03 a.m., Feb. 20.  It's alleged that Sokolowski accepted a ride from a taxi driver and when he reached his destination, went inside and refused to come back out and pay the driver. He was issued an appearance ticket.

Benito A. Gay, 33, of Batavia, is charged with petit larceny. Gay is accused of stealing beer from the cooler at the Kwik Fill on Jackson Street, Batavia, at 8 p.m., Feb. 20. He allegedly took three beers and exited the store without paying for the beer. He was arrested and issued an appearance ticket.

Kenneth T. Marrocco, 29, of Batavia, is charged with burglary 2nd and criminal contempt 1st. Marrocco allegedly violated a stay-away order of protection by being inside the residence of the protected party at 1:54 p.m., Feb. 25, on Montclair Avenue. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Angie C. Maniace, 40, of Batavia, is charged with harassment 2nd and criminal contempt 1st. Maniace is accused of violating an order of protection and striking the protected party at 7:35 p.m., March 2 at a location on Chandler Avenue, Batavia. She was issued an appearance ticket.

Laura R. Mroz, 32, of Batavia, is charged with harassment 2nd and criminal contempt 1st. Morz is accused of violating an order of protection during a disturbance reported at 7:53 p.m., March 2. on Chandler Avenue, Batavia. She was issued an appearance ticket.

Julius L. Sanford, 29, of Buffalo, is charged with criminal possession of a forged instrument 2nd, failure to stop for a stop sign, unregistered motor vehicle, and uninsured motor vehicle. Sanford was stopped by a Batavia patrol officer on East Main Street, Batavia, at 1:14 a.m., Feb. 13. He was arraigned in City Court and released on his own recognizance. 

Derrick M. Williams, 32, of Batavia, is charged with criminal mischief 4th. Williams was arrested on a warrant stemming from an incident reported at 4:18 a.m., Sept. 25. He was arraigned in City Court and released.

Michelle D. Ulickey, 45, of Batavia, is charged with criminal possession of a controlled substance 7th. Ulickey was allegedly found in possession of cocaine during a traffic stop by a Batavia patrol officer for allegedly driving with no headlights at 3:15 a.m., March 2, on East Main Street, Batavia. She was released on an appearance ticket.

Tonya M. Weber, 38, of Batavia, was arrested on a bench warrant. Weber is charged with petit larceny in connection with an incident reported on Ellicott Street, Batavia, at 6:01 p.m., Dec. 7. Weber was arraigned in City Court and released under supervision.

Antwoine Kush, 19, of Rhulman Road, Lockport, is charged with criminal contempt 2nd. Kush allegedly violated a complete stay-away order of protection by contacting the protected party at 2 p.m., Jan. 8. Kush was issued an appearance ticket.

David Michael Milillo, 63, of Rochester, is charged with menacing 2nd. Miller is accused of displaying a pistol during a business transaction at 12:30 p.m., Sept. 2, at a location on Byron Holley Road, Byron, causing the victim to fear physical injury or death. Milillo was arrested following an investigation by Investigator Joseph Loftus and was issued an appearance ticket.

Nicholas Adam Pietrzykowski, 45, of East Road, Middlebury, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Pietrzykowski was stopped at 7:25 p.m., July 25, on East Main Street, Batavia, by Deputy Nicholas Chamoun. He was arrested on March 3 following an investigation and issued an appearance ticket.

(name redacted upon request), 47, of Alexander, is charged with criminal contempt 2nd. xxxx allegedly violated a stay-away order on eight different locations. He was arraigned in Town of Batavia Court and released on his own recognizance. 

Deanna Rae Lynn Couchman, 27, of Chili Avenue, Rochester, is charged with felony DWI, felony driving with a BAC of .18 or greater, aggravated unlicensed operation, failure to keep right, and failure to signal. Couchman was stopped at 3:12 a.m., March 5, on Route 33 in Bergen by Sgt. Mathew Clor. She was issued appearance tickets.

Andrew Luis Coffey, 33, of South Goodman Avenue, Rochester, is charged with criminal possession of stolen property.  Coffey was allegedly found in possession of property previously reported stolen from Kohl's Department Store at 2:32 p.m., March 1. Coffey was issued an appearance ticket.

Jonah Ty Luplow, 19, of Pearl Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to use designated lane. Luplow was stopped at 1:44 a.m., March 6, on Bank Street Road, Batavia, by Deputy Joshua Brabon. He was issued appearance tickets.

Amanda Beth Hopkins, 42, of Bethany, is charged with DWI, aggravated DWI, endangering the welfare of a child, and moving from lane unsafely. Hopkins was reportedly involved in accident at 5:15 p.m., Jan. 21, on Ellicott Street Road, Pavilion.  Her BAC was allegedly greater than .08. Their was allegedly a child in the vehicle. She was arrested on March 5 by Deputy Nicholas Chamoun.  Hopkins was issued an appearance ticket.

Sandra L. Berrios, 62, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Berrios was stopped by State Police at 10:58 p.m., March 5, in the Town of Batavia. She was issued an appearance ticket. No other information released.

(Name redacted upon request), 20, of Byron, is charged with petit larceny. xxxx was arrested by State Police in the Town of Batavia for an incident reported at 1:30 p.m., March 2. He was released on an appearance ticket. No other information released.

Gerald L. Arnett, 49, of Rochester, is charged with felony DWI, felony aggravated DWI, and driving without an interlock device. Arnett was stopped by State Police at 3:54 p.m., Feb. 28, in the Town of Byron. There was allegedly a child in the vehicle. He was released on an appearance ticket. No other information released.

A 61-year-old man walking in the woods off Sackett Road in Bergen during yesterday's windstorm was killed when a tree fell and struck him in the head.

Dispatchers received a report of an unresponsive male pinned under a tree at 5:58 p.m.

The victim is identified as Steven K. Reber.

Lifesaving measures were attempted at the scene by family and emergency personnel but Reber was pronounced dead at the scene.

Foul play is not suspected.

Photo by Alecia Kaus/Video News Service.

Are they ever going to do something with the former Kmart at the corner of Lewiston and Park roads?

That is yet to be determined but the Benderson Development Co., which owns the building, is ready to place a couple of commercial ventures on another section of the 10.3-acre property at the corner of Lewiston and Park roads in the Town of Batavia.

According to a letter sent to the Town Planning Board by James Boglioli, Right-to-Build Northeast US director for the Buffalo-based real estate firm, two retail/restaurant businesses are being proposed for the site along Lewiston Road – south of the Kmart building:

• A 4,000-square-foot restaurant with a drive-thru and bypass lane to be located in the southwest corner of the property;

• A 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop with drive-thru in the southeast corner of the property.

Contacted by telephone this morning, Boglioli declined to provide further details until Thursday night’s Genesee County Planning Board meeting, which is set for 7 o’clock and will be conducted via Zoom videoconferencing.

Furthermore, per the letter, the project also will include drainage upgrades to bring the site into compliance with the current storm water regulations, an increase in overall greenspace and landscaping, utility upgrades and new curbing, pavement and site lighting around the proposed buildings.

As far as parking is concerned, Boglioli’s letter states that the two proposed outparcel buildings will require 84 parking spaces – much less than the 366 parking spaces on the property.

Boglioli’s letter also indicates that, at this point, there are no proposed uses for the 116,238-square-foot Kmart structure – “and any reuse of (that building) is anticipated to require significantly less parking than the former K Mart required per code, and it is expected that the use would be compatible with the proposed outparcel project.”

The referral to be considered by county planners calls for the issuance of a special use permit.

The letter contends that proposed drive-thru configurations will not adversely affect the surroundings and “provide sufficient stacking within two dedicated drive thru lanes and any additional stacking that extends out of the dedicated drive thru lanes would be captured internal to the site.”

Drawing at top shows two restaurant proposals for the former Kmart property along Lewiston Road in the Town of Batavia. The Kmart building is labeled "vacant" at the top of the site map. Provided by Genesee County Planning Department.

Dispatchers and first responders are dealing with multiple calls throughout the county related to wind damage, including this big branch down on Clinton Street in the City of Batavia.

There are multiple power outages reported in Genesee County, including 816 National Grid customers without power in Stafford/Byron/Bergen. The outage is centered in Byron.

There is an outage affecting 143 customers in the northern part of the Town of Elba and into Barre. There are 109 customers without power north of North Byron Road just west of Byron Holley Road.

There is an outage for 76 customers and another for 69 customers in Alexander north of Route 20.

West of Darien Center is an outage affecting 235 customers and just north of that location, one affecting 130 customers. 

Between Basom and Oakfield, 208 customers are without power. there are smaller outages northwest of Alabama.

National Grid has extra crews on duty to help handle the workload.

High winds are expected to continue until 7 p.m.

Photo submitted by Arielle McVay

Mike Rapone is going out as he came in, the coach of a team that won a Section V title.

He coached the 1981 champions and today, in the final Section V championship game of his career, the Fighting Irish seized the block again, this time keeping it away from cross-county rivals Elba with a 59-46 win.

The title is the 10th sectional title of Rapone's legendary career, a Section V record. It is win number 728 for Rapone, also a Section V record.

Leading the way for the champions was Colin McCulley, who scored 19 points. Jordan Welker scored 13, Ryan Fitzpatrick scored eight, Jimmy Fanara, seven, and Cody Henry, five.

For Elba, CJ Gottler scored 15 points, Zack Marsceill, 12, Scott Connor, six, and Jake Walczak and Mike Long, five each.

 

Rehearsals for Batavia High School’s production of Mamma Mia has not been without its mishaps, senior Samantha Balbi says.

The Abba tune “Money, Money, Money” features actors in lines that move across the stage for a big dance number. Except there was no stage for the last few months, and actors had to adjust during busy scenes, she said.

“I’m weaving through everybody, and it was very difficult, very cramped,” 18-year-old Balbi said during an interview with The Batavian. ”I bumped into people accidentally. It’s a good sized cast; we had to work out spacing.”

As if scheduling and rehearsing with busy student actors — during a time requiring masks and sanitizing no less — wasn’t enough for Musical Director Caryn Wood and her cast. But then “the other shoe dropped,” she said: She and her cast were left without an auditorium for rehearsals. A massive windstorm boasting 75 mph gusts on Dec. 11 last year left portions of Batavia High School’s roof severely damaged. That in turn rendered the auditorium below inoperable. Up to that point, her production of Mamma Mia was well on track for an early March debut, Wood said.

“In very early December we did auditions. We had just finished Sherlock Holmes,” she said. “All was fine, we’re just rolling onto the next show. We were starting our rehearsal process, and the windstorm happened.”

All of the air exchanges on the roof were damaged, leaving no way for air circulation in the auditorium, she said. No one was allowed to use the space until the exchanges were fixed. She and students initially and enthusiastically marched on. They learned their lines and music while seated in smaller areas, including the band and chorus rooms, and then added in hallways and sections of the gym for choreographed pieces.

Their plans for a show during the first weekend in March were eventually dashed, Wood said.

“We found out there was no way that was going to happen,” she said.

The group’s biggest space needed for choreography and blocking wasn’t going to be an option. For the next several weeks, they sought out whatever space was available for rehearsals, moved all of the chairs out of the room, and did what they could, she said.

“I’d say, ‘ok, we’re going to go on a field trip now,’ and we were going to find some space,” Wood said.

She met with Superintendent Jason Smith and Business Administrator Scott Rozanski, who were working with buildings and grounds staff about the necessary repairs. They were all “trying to move on a timeline,” she said.

In the meantime, a two- to three-week delay wasn’t just about rehearsal space, she said. Wood had to get an extension from Music Theater International for the show rights and usage of scripts and to extend costume and backdrop rental (which was shipped from Kansas) and materials from the art and hardware store.

“All of that had to be readdressed and readjusted,” she said. “It felt surreal, I didn’t know how it was all going to play out.”

The same could be said about Mamma Mia, a musical comedy about a young bride-to-be who invites three men to her upcoming wedding, with the possibility that any of them could be her father.

Wood had to make hard decisions, such as deliberately putting off the bigger choreography numbers until there was more room to move. It’s not the first time the director faced this type of dilemma, she said. Her cast had to work around a capital project for Shrek three years ago. Only she at least had a more definitive timeline, unlike the unknowns this time around.

“We were nomadic. We were going where we could go," she said. "I feel like young people handle change better than adults. All were on board, and they wanted to make a good show; they were up for the challenge. They are without a doubt super excited and thankful to come back into the auditorium.”

Rehearsals moved into the auditorium this past Monday for the first time all year. It was a “breath of relief,” said Balbi, who plays the character Donna.

Fellow actor Michael Bartz, a junior, has participated in theatrical shows since fifth grade. He is happy to be part of "a super upbeat show," and took the regular field trips with stride, he said.

“I’ve never had to move between rooms before; that was just fun, I enjoyed it,” he said, adding the downside “The space we had was not accurate to the stage. At the end for a megamix of three songs back to back, there are fun dance numbers and moving lines going back and forth. It was harder to transfer that to the stage.”

Wood explained that, after having to shrink down the dance moves to fit a hallway, there was then a challenge to expand all of that to fit across the school’s comparatively gigantic stage. She is grateful for the district administrators' assistance to get back into the auditorium, especially since the roof has not yet been completely repaired.

“We’re very fortunate, the show is only two weeks later,” she said. “There were some weeks when I was waiting with bated breath.”

The show has been postponed to run March 18-20.

Top photo: Members of Batavia High School's drama club rehearse a scene in the hallway of the State Street school. Other venues are tapped in an effort to find available space in lieu of using the auditorium due to roof damage. Photos by Howard Owens.

Antwan Odom Christopher McClinic

Two Batavia men have been arrested in Wyoming County on burglary charges, accused of stealing firearms and other property.

Antwan L. Odom, 21, and Christopher V. McClinic face four counts of burglary 2nd, a Class C violent felony.

Odom was arraigned and jailed in Wyoming County on $100,000 bail. McClinic was released under supervision.

The investigation began on Feb. 17 after a reported burglary in the Town of Covington. 

Based on tips, search warrants were executed in Batavia and firearms, other property, and related evidence were recovered.

Wyoming County Sheriff Gregory J. Rudolf said witnesses reported seeing a suspicious vehicle on the day of the burglaries and that Batavia PD also received anonymous that and that citizen assistance was vital to the investigation.

He issued the following statement:

“I want to thank the community and those individuals for their assistance in this investigation.  It proves public safety is truly a public venture.  The professionals of the Genesee County Sheriff’s Office and the Batavia Police Department likewise provided essential support as this investigation trekked out of Wyoming County.  Our own Criminal Investigations Division has labored continuously since February 17^th running down leads, applying for search warrants, gathering evidence, conducting interviews and assembling an extensive case file to bring this case to this point and that work has been commendable.  Those Investigators will continue to work this case as information develops and through its prosecution by the Wyoming County District Attorney’s Office.  Anyone with information is still asked to call the Wyoming County Sheriff’s Office at:  585-786-8989 or our Confidential Tip Line at:  585-786-8965.”

Less than four months after being turned back in an effort to build and operate a 50-and-over patio home development off East Avenue in the Village of Le Roy, Batavia entrepreneur Eric Biscaro has his sights set on another location – this one on Lake Street (Route 19), just south of the transfer station on West Bergen Road.

Biscaro, speaking to The Batavian today, said he sees many more “positives” going into his second attempt to put up 30 duplex homes (60 living units) that will mirror in many respects his Clinton Crossings Adult Patio Homes on Clinton Street in the Town of Batavia.

“I don’t have to get a zoning change for this one so there’s a lot less to be done,” he said. “I mean, it’s easier with no zone change. The zone change is what made it a big deal.”

The new proposal calls for the homes to be built on 16 acres off Route 19 in an area already zoned R-3 (Residential) and Biscaro would need only a special use permit from the village for a multi-family development.

In his previous proposal, he needed to persuade the Le Roy Village Board to approve a zoning change from Residential to Planned Unit Development – something that never made it to the floor due to ongoing opposition by residents of East Avenue, Orchard Drive and Poplar Lane.

Le Roy Village Mayor Greg Rogers today said that Biscaro already has approached the board and the response of the trustees at the meeting was favorable.

“In this case, it’s a wide open space and there’s really no through traffic, which was one of the concerns before,” Rogers said. “Also, there should be no water runoff problems (another issue with the East Avenue idea). It’s got a little natural buffer there because it’s downhill from the houses on Lake Street.”

Rogers said the village will have no financial stake in the project, unlike the last proposal where the village was going to contribute to the cost of extending East Avenue for single family homes.

No single family homes are included with the new project.

“Really, I think this is a lot better but you never know. You’re probably always going to have opposition from somebody,” Rogers added. “We'll see what happens. I'm never too optimistic, and I’m never too down.”

Biscaro said he has a tentative agreement with the Warsaw couple that owns the land – “as long as I get the approvals,” he noted – and said the process will start next Thursday when the referral goes to the Genesee County Planning Board.

A member of the planning board, Biscaro said that he will recuse himself from the proceedings.

After that, the proposal will go to the Le Roy Town Planning Board and then back to the Village Board.

Next week’s Genesee County Planning Board meeting (via Zoom) lists 11 referrals, including the return of the solar energy systems proposed for Stafford, a new warehouse at Apple Tree Acres business park in Bergen, two new drive-through restaurant/retail buildings in the Town of Batavia, a new solar energy systems local law for the Town of Batavia, and area variances for a new bio-gas production facility, also in the Town of Batavia.

Previously: Le Roy Village Board rejects Batavian's bid to develop senior housing community, single-family building lots

Photo at top: Street view -- looking west from 143 Lake St. (Route 19) in the Village of Le Roy to the vacant lot where Eric Biscaro is proposing a senior patio home development. Photo by Mike Pettinella.

Photo at bottom: Overhead view of the parcel (outlined in blue) with Lake Street at the bottom and West Bergen Road to the right.

Batavia City School District's Board of Education met early this morning to take a vote on making face masks optional per New York State Governor Kathy Hochul's decision to rescind the mask mandate earlier this week.

In just under three minutes, a resolution citing that "The Governor of the State of New York and the Commissioner of Health declared that face coverings are no longer mandated to be universally worn in school buildings in New York State effective March 2, 2022" was approved. The vote received a unanimous yes by board members John Reigle, Barbara Bowman, Jennifer Lendvay, Chezeray Rolle and John Marucci.

The only item of business conducted during the meeting was the vote "regarding modification of COVID-19 measures." 

The meeting is available on YouTube at:  

https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

 

One of the most historic buildings in the village of Bergen is the focus of a new project by Mayor Anna Marie Barclay.

Obtaining a grant to restore the Tulley Building at the corner of Lake Street and Buffalo Road is one in a string of many grants Barclay has obtained since becoming mayor in 2014.

The brick on the Tulley Building is in need of repair and Barclay is working with the Western New York Landmark Society to complete the application for a Genesee Valley Rural Revitalization Grant in the amount of $50,000. That would pay for 90 percent of the project, Barclay said.

“Tulley is the cornerstone of the village of Bergen Lake Street Historic District,” Barclay said. “It is the village-owned building which houses the village offices, public, commercial and residential space.”

Throughout the years, the Tulley building, built-in 1886, has been home to Tulley’s Hardware, Best’s Furniture Store, a Flour and Feed Store, Edgerton Dry Goods Store, Palace of Sweets, saloon and bowling alley, Gregory's Bakery and Cafe, Kevin Russell Hardware and Plumbing, Treasured Images and an ice cream shop. The second floor has been used as a dance hall, millinery shop, barbershop, firemen’s meeting hall, telephone office, office of the Bergen herald, dentist’s office, and apartments.

The village purchased the building in 2006 in the hopes that restoring and repurposing it would decrease the calls to “tear down and replace the obsolete building,” Barclay said. It was their hope the building would serve as an inspirational cornerstone.

A year later as a village board member, Barclay chaired the Tulley Building Restoration Committee, which was formed in 2007 to develop a renovation plan that would ensure the historic integrity of the building would be maintained, and that the building would encourage increased community activity in the village business district, increase a sense of pride within the community, attract new businesses and act as a catalyst to the restoration of other buildings.

Since then, structural restoration has been completed, a new roof installed and first floor commercial area behind the village office space has been restored. Both the east and south facades have been restored and painted, and a mural reflecting Bergen’s history has been added to the south façade.

Slowly, but surely other building owners have followed suit and enhanced the appearance of their buildings. This was accomplished in part by another grant Barclay secured, after several years of applying.

“Others bought buildings with restoration in mind and signed on to participate in the Main Street Grant program,” Barclay said. “The initial Tulley Building was a catalyst to revitalize the historic district. Now the cornerstone building is once again in danger. The proposed Tulley project will help keep our historic downtown economically viable. Our growing sense of place and pride and positive community identity is evident as our buildings are renovated. The Tulley project will enhance this. The project complements place-based economic growth and will add to the architectural and visual richness of the community. The economic value to the village of the Tulley project is immeasurable, as it enhances the work completed on other historic buildings through the Main Street Grant projects.”

Barclay continues to say there is positive economic development momentum which has already drawn several new businesses, walkers and tourists who patronize those businesses, new residents to downtown, and increased property values as these renovations progress. As stated in the 2016 Comprehensive Plan, restoration and preservation of village historic buildings will encourage the development of new businesses, bring more patrons to existing businesses and invite renters to renovated apartments.

The Tulley Building is brick-faced and covered with porous brick produced in Bergen in the late 1800s. Many bricks are loose and deteriorating, causing pieces and dust to fall to the sidewalk, leaving areas of the historic brickwork damaged, Barclay said. Birds are nesting in areas of broken or missing brick, increasing the damage. The domino effect of missing brick exposing other brick to water damage is causing large cracks to occur in the wall. The brick pattern work under the roof edge is noticeably crumbling, and sections of mortar are missing leaving the bricks open to further damage and continued loss of the Victorian brick features. Sections of brick surrounding the windows are equally damaged. This deterioration of the brick surface is allowing for water to seep through to the interior surfaces, which have needed to be replaced.

The Tulley Block project will include the replacing of missing and damaged bricks and repointing of mortar on the east and south walls of the building. A schematic drawing of the painting design of historic features of the building will be done by an architect, and paint and supplies will be purchased through the grant opportunity. Village staff will paint the building according to the drawings. Specifics of the masonry work by accredited historic masons will include removal and replacement of approximately 30 damaged bricks, tuck pointing at damaged locations of 515 linear feet, all mortar joints cleaned and filled, all dust and debris cleaned from the work area, stain removal completed in all portions of the walls and preservation of the bricks to stop further deterioration and prevent water seepage.

The village has had to replace interior walls on the south side of the building and mitigate mold due to water seepage, Barclay said. Painting of the non-brick historic features of the south and east walls will be a complement to the work completed on the historic buildings involved in the Main Street grant project.

Part two of this work is to update and expand the Lake Street Historic District, Barclay said.

“We have just completed the Main Street Project funded through the New York State Main Street Funding Program, which allows the village to move forward with this process without an extensive cultural resource survey. This will broaden opportunities for homeowners in the expanded district.”

Barclay said Bergen is a very small community and in the past was often passed over for grants which were available to larger communities.

“To show we are deserving and ready for support that grants provide, I initiated the comprehensive plan in 2016,” Barclay said. “I also initiated the Park Committee and Tree Board, which gave credibility to our grant applications.”

She also stressed the village no longer pays the exorbitant fees for a grant writer, as she has written 90 percent of the grant applications they have submitted and secured.

“Through my work, the village has secured more than $1.6 million in grants,” Barclay said.

These include $778,843 for Infrastructure; $527,750 for Historic Restoration; $161,940 for Parks and Recreation; $83,200 for Community; and $60,000 for Engineering Planning (written by Clarke, Patterson and Lee).

While the Tulley Building restoration is a priority, it is not the only thing Barclay is hoping to accomplish. She has a bucket list of additional projects to benefit the village, which includes improvements at the Waste Water Treatment Plant, new restrooms in Hickory Park, a Historic Resource survey for New York state/Federal tax credits to homeowners, sponsoring an internship for historic documents and hiring of a village historian.

Photos courtesy of Anna Marie Barclay

Cracks in the mortar and missing bricks are evident in this photo of the Tulley Building. Mayor Anna Marie Barclay is working to secure a grant to pay for restoration work.

Understanding the importance of tourism to the local economy, the Genesee County Legislature’s Ways & Means Committee is endorsing the utilization of federal American Rescue Plan Act money to fund a Chamber of Commerce-driven “county branding initiative.”

The committee, after a brief pitch of the plan by County Manager Matt Landers and Chamber President Erik Fix on Wednesday, voted to forward a resolution to spend $240,000 over three years – including $139,000 this year – for chamber officials to develop and implement a strategy to increase tourism.

“The Chamber has indicated to us that it lost a lot of funding in bed tax during 2020 due to the pandemic,” Landers said. “Tourism is specifically laid out in the federal legislation as an acceptable use for the ARPA money.”

Fix said he worked with county Compliance Officer Pamela LaGrou to put forth a number of initiatives to attract more visitors to Genesee County, with rebranding and social media/website development at the top of the list.

He said part of the money will be used to hire an outside consultant to assess the state of tourism in the county, noting that a company previously working with Livingston County left a “105 page memo of a list of things that could be done.”

The plan includes focusing on downtown Batavia, including the hiring of a part-time “Main Street coordinator,” Fix said, and also to use technology to monitor tourists’ activity during their stays in Genesee County and to create a “central landing page” on the internet.

“Our goal is to build a collective spirit and energy throughout the community,” he said. “if we do it right, it will lead to business development and growth.”

Landers reported that about $8 million of the $11.1 million the county received in ARPA funding will go toward the Countywide Water Project, with another $2 million to expand broadband capability in the county.

About $150,000 is being allocated to cybersecurity and the remainder is being “held out for future opportunities,” he said.

The county has until 2024 to allocate the ARPA money and until 2026 to spend it.

Pending final approval by the full Genesee County Legislature, members of the Civil Service Employees Association Inc. local chapter of county employees will be receiving a raise in the middle of a previously negotiated contract period.

Acting on a resolution proposed by County Manager Matt Landers, the legislature’s Ways & Means Committee on Wednesday voted in favor of granting a 2.25 percent pay increase for 2022 on top of the 2.25 percent increase the CSEA, Local 1000, AFSCME, Genesee County Unit 6950, Local 819 is receiving as part of a four-year agreement that started on Jan. 1, 2020.

“To stay competitive, we needed to provide this wage increase,” Landers said, referring to the part of the resolution that emphasizes that retention and recruitment of employees are crucial to services provided by the county.

The union consists of 272 employees across more than two dozen departments. Its contracted raise for 2023 is 2 percent and is not affected by this resolution, Landers said.

In related action, the committee supported using $86,000 in Community Mental Health Services Block Grant funding through the New York State Office of Mental Health to provide workforce retention incentives for eligible CSEA employees of the Genesee County Mental Health Department.

Authorization for this comes through the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021.

The resolution forwarded to the full legislature also calls for incentive payments to eligible management staff of the department.

In other developments, the committee:

• Approved a request from Genesee Community College officials to apply to the State University of New York for funding of four capital projects at the campus: heating/ventilation/air conditioning system ($1.8 million), data room control unit ($300,000), gymnasium air handling unit ($450,000), touchless restrooms ($949,000).

According to the resolution, the college will pay for half of the total cost, $1,749,500, by using unallocated Higher Education Emergency Relief Funds and is asking the state to pay for the other half.

Genesee County acts as a pass-through in this transaction and is not required to pay any of the expenses of these projects.

• Approved a change order for $220,000 in the county’s contract with Randsco Pipeline of Macedon, effectively ending legal proceedings between the two entities over the costs of extensive work performed by Randsco on Phase 2 of the Countywide Water Project.

“This is the final payment that ends the contractual agreement,” Landers said, opting not to get into the specifics of the dispute, which was reported on The Batavian in October 2020.

Previously: Randsco Pipeline crews return to work on county's Phase 2 water project as contractual issues are put on hold

Previously: County seeks outside legal advice regarding 'serious disputes' with water pipeline installation company

A dozen businesses, seeking more than $500,000 in assistance, have applied thus far for financial assistance through the Genesee CARES Business Recovery Fund -- the new program that is providing up to $75,000 to small businesses negatively affected by the COVID-19 pandemic.

Jim Krencik, marketing director for the Genesee County Economic Development Center, and Michael Zimmerman of The Harrison Studio, which is overseeing the initiative, updated Genesee County legislators today at their Ways & Means Committee meeting at the Old County Courthouse.

Supported by a $1 million Community Development Block Grant, the program has been created to help businesses with 25 or fewer employees that were hurt by the pandemic to receive grants of up to $75,000. Eligible applicants are for-profit ventures within Genesee County with 25 or fewer employees.

Krencik said the 12 businesses that filled out application forms – which can be found at www.geneseecares.com – have asked for $550,000 in relief.

“If they’re all viable, we’re not sure yet,” he said, while encouraging business owners who have completed applications to follow up to make sure everything is in order.

He added that applications are taken on a first-come, first-served basis.

A crucial element to the process is that these businesses have to add at least one full-time equivalent job.

“Adding one FTE is a large increase (for small businesses),” he said. “Our goal is to have 20 to 40 businesses supported. If we get more, we could apply for additional funding.”

Krencik said businesses can apply for funds in any or all of four categories.

Those categories are as follows:

• Employment Restoration and Job Hiring -- Businesses will be eligible to receive a grant of up to $25,000 per full-time equivalent job position created, restored, or retained, up to a maximum of $60,000.

• Outdoor Dining Development -- Businesses will eligible to receive up to $50,000 in grants to facilitate outdoor dining enhancements. Eligible activities include professional and soft costs, furniture, and equipment, and working capital expenses related to expanding, installing, or improving outdoor dining and gathering spaces. Construction or renovation costs will not be eligible.

• Working Capital -- Businesses will be eligible to receive a maximum of $50,000 of grant funds to be used to assist with working capital expenditures (such as payroll, marketing, rent, utilities, etc.) for businesses that can demonstrate the impact of COVID has put a strain on their cash flow which cannot be met through other funding sources.

• Business Resiliency -- Businesses will be eligible to receive grants of up to $25,000 to support small business efforts to respond to the pandemic. Funds will be used for projects such as developing safety and resiliency plans, purchasing PPE, installing touchless point-of-sale systems, and other improvements to allow for social distances and all businesses to operate safely.

Zimmerman, responding to a question from Legislature Chair Rochelle Stein about agricultural-related enterprises, said that as long as the business meets the requirements (for profit and 25 or fewer employees), they should be eligible.

“The use of the funds is a pretty broad net,” he said, “and cover most business needs. I imagine (that a farming business) could find working capital needs to which to apply the grant funds.”

To be considered for the first round of approvals, applications must be submitted no later than March 9.

In related action, the Ways & Means Committee approved a resolution to create a line item in the county's budget to reimburse eligible expenses.

Kaleb J. Bobzien is indicted on seven counts of rape in the third degree, seven counts of criminal sexual act in the third degree, three counts of criminal contempt in the second degree, two counts of aggravated family offense, and one count each of forcible touching and endangering the welfare of a child. Bobzien is accused of forcibly touching on June 1 another person's sexual or other private parts for the purpose of degrading or abusing the person or for the purpose of gratifying his own sexual desire. He is accused of acting in a manner injurious to a child under 17 years old on June 1. He is accused of engaging with sexual intercourse with a person less than 17 years old while being at least 21 years old himself, on dates of between May 9 and May 15, May 16 and May 22, May 23 and May 29, May 30, and June 5, June 6 and June 12, June 13 and June 19, and June 20 and June 26. He is accused of three times violating a stay-away order of protection. He is accused of violating a Family Court order on three occasions.

Arthur J. Brown is indicted on counts of menacing a police officer, criminal possession of a weapon in the second degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, obstructing governmental administration in the second degree, and driving while ability impaired by drugs. Brown is accused of placing a police officer in fear of his physical safety by displaying a deadly weapon on Sept. 19 at a location in the Town of Stafford. He is accused of possessing a loaded firearm. He is accused of possessing cocaine. He is accused of fleeing the scene of an incident. He is accused of driving a 2008 Pontiac on Route 237, Stafford, while impaired by drugs.

Jillian E. Antinore is indicated on counts of felony DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation. Antinore is accused of driving drunk on Oct. 12 on Ellicott Street in the City of Batavia. She is accused of driving without a valid driver's license. 

Nathan W. Stringer is indicted on four counts of felony aggravated DWI and one count of felony DWI.  Stringer is accused of driving drunk on Aug. 28 on Route 77 in the Town of Pembroke with four children less than 15 years of age in the vehicle.

Paul A. Inostroza is indicted on counts of attempted assault in the second degree, criminal obstruction of breathing, reckless endangerment in the second degree, and harassment in the second degree.  Inosroza is accused of slamming a woman's head against a wall on Sept. 5 at a location on East Main Street, Batavia. He is also accused of applying pressure to that person's neck. 

Directors of Western Regional Off-Track Betting Corp. have approved spending up to $190,212 to install a new sewer pipe extending from the Genesee Park Place apartments to an area in front of the Hotel at Batavia Downs on Park Road.

The board, at its meeting last week, approved a resolution to accept a proposal by Town of Batavia officials to put in the pipe as part of the Park Road Reconstruction Project that is set to get underway this month.

“We believe the sewer pipe project will cost around $260,000 and we’ve made a request to owners of the Park Place apartments to split the cost,” WROTB President Henry Wojtaszek said today. “The board agreed to a maximum of $190,000 to take into account any overruns or contingencies, and in case we have to do it on our own.”

Wojtaszek said putting in the sewer line will eliminate the need to use an old pump station just south of Alex’s Place and will result in lower costs to the corporation.

Town Engineer Steve Mountain agreed, adding that it would be more efficient if that work is done as part of the major renovation of the road.

“We posed that to them if they wanted to consider it now rather than later,” Mountain said. “Now's the time -- before the road is built.”

WROTB previously agreed to spend about $450,000 in enhancements to the $4.077 million project -- improvements such as trees, street lights, increasing the size of the sidewalks and replacing the fence along the parking lots.

Mountain said the main water pipe is being delivered today or tomorrow and work will start in a couple weeks. Catco (Concrete Applied Technologies Corp.) Construction of Alden is general contractor for the project, which is expected to take several months, possibly until the end of the year.

“I guess you could say this is the calm before the storm,” Mountain said. “Everything will get started when the weather starts breaking.”

He noted that there will be lane shutdowns during construction but traffic will be maintained.

“There'll be times when it'll be stop and go for sure,” he advised.

The project calls for the installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road; overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98, and installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Photo: WROTB President Henry Wojtaszek points north on Park Road, where a new sewer line running from Genesee Park Place apartments to Batavia Downs Gaming will be installed as part of the Park Road Reconstruction Project. Photo by Mike Pettinella.