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Jill Turner

An investigation stemming from the report of a vehicle that was damaged while the owner was at a City Council meeting on Sept. 12 has resulted in charges for Jill M. Turner of Batavia.

Turner, 40, was charged with criminal mischief, second-degree, upon her arrest on Oct. 13, city police said. She was arraigned in Batavia City Court and released on her own recognizance, to return at 1:30 p.m. Thursday.

The unidentified owner of the defiled automobile filed a claim after that September meeting, stating that someone had poured nail polish on her vehicle while she was at the meeting and a public hearing about a current law that allows farm animals within city limits.

Some residents, including the claimant, who lived near Turner had complained that her goats and other animals were a nuisance to the neighborhood. Turner was not at the meeting that drew some 30 people to the second-floor City Council chambers that evening. Shannon Maute, one of her neighbors, said she "was happy to see that an arrest had been made."

"We are tired of being tormented and bullied by Jill," Maute said to The Batavian Sunday evening. "I hope that this will send her a message that she can't get away with it any more. There are consequences for her actions and her behavior."

Detective Eric Hill had confirmed at the time when the damage was first noted that there was “an open investigation into the matter right now,” after The Batavian inquired about the damaged vehicle that was parked in Jefferson Square.

“I’m not sure on the level and location of polish and we don't have an estimate (of the value of the damage) at this time,” Hill had said in an email to The Batavian.

UPDATED 3:20 p.m.: According to a source close to the vehicle owner, the damage has been assessed at nearly $2,000.

Have you seen Elba’s power couple? Although a bit lumpy and odd-looking, the self-titled king and queen stand proudly on Main Street every day.

If you hadn’t noticed them, the firefighters rescuing a cat up a utility pole may have been a distraction. Or perhaps the tired PTA mom caught your attention, poor thing — her life is full of fundraisers and supporting the Lancers.

Those are just some of the entertaining Scarecrows on Main entries for this year’s contest. Sponsored by the Elba Betterment Committee with Genesee-Orleans Council on the Arts funding meant there wasn’t an entry fee this year, Pauli Miano said.

“This is the second year that we have done the Scarecrows on Main.  Last year the village clerk, Jerah Augello, came to the Elba Betterment Committee and asked us to help them sponsor a contest.  We charged $5 per entry and then used the money to pay out prizes,” Miano said. “This year we included the contest in our grant request to GO Art!, so we did not need to charge per entry.  While that made it more alluring, I'm sure, it also made it a little more confusing for us, because a few of these scarecrows just showed up on the street and we weren't sure who they belonged to.”

Not to worry, they got it all figured out, and there are 39 entries, which is 10 more than last year, she said. One change for this year is a display at Elba Central School. With a theme of  “It’s a Small World,” it’s a testament to diversity that exists in the village and town, she said.

“We have many students who are of Mexican descent, and this year we also have two exchange students: one from Italy and one from Denmark,” she said.  

The contest has also drawn more participation from families and businesses, with more than a dozen that include farms, restaurants, M&T Bank, the post office, and other places “that help to make our community such a great place to live,” she said.

Four judges — one from each the town and village boards, a community member and Onion Queen Bella Mateos — have just begun their reviews of the colorful creations, and there is also a People’s Choice option for the public. To view all entries and vote for your top three, go to Elba Betterment Committee.

Adding to the fun is the yearly tribute to the Stumblin Inn, and this year’s display does not disappoint: “it’s even bigger this year,” Miano said.

The contest itself isn’t directly tied to Halloween in the Park, but the month culminates with a seasonal event for local Elba children to enjoy games, candy, refreshments, and photos. That runs from 5 to 8 p.m. Oct. 31.

“We have done this in the past and it has really been an awesome event,” she said. “But this is the first time in four years that we are back in the park and open for children from Elba to come on down.”

Photos submitted by Pauli Miano.

There is a garden in every childhood, an enchanted place were colors are brighter, the air softer, and the morning more fragrant than ever again.

Those words of a poem captured the goal for the newly re-opened Robert Morris School, Principal Maureen Notaro said during a ceremony Friday morning.

“When we needed more space at Jackson Primary, I suggested that we move our pre-kindergarten classrooms over to Robert Morris. We had many conversations about who, what, why, when, and where over the months last spring and summer,” said Notaro, principal of Jackson Primary and its pre-school satellite at Robert Morris on Richmond Avenue and Union Street. “This was a collaborative effort with one thing in common; we all shared the same vision of early literacy. We wanted to create a magical place where students felt happy and accepted, where they would meet new friends and flourish to start off their first experience at school in Batavia.”

Robert Morris has a storied history, from its construction of a 12-room site in 1928 to accommodate elementary students, to the closing in 2012 when students were merged with Jackson Primary and John Kennedy Intermediate as a savings measure through consolidation, to now, once again, being used as a city school due to what officials have said were rising pre-school numbers and a need for extra space not available at the primary school.

City school officials, staff, parents, and children gathered outside of the school to celebrate its resurrected use for education of city school district students. Robert Morris has “a deep and proud history within our community,” with thousands of community members passing through its legendary halls, Trisha Finnigan said on behalf of Superintendent Jason Smith, who was absent due to illness.

“I have no doubt of the impact this beautiful campus has had on countless fellow Batavians,” Smith said. “I see it in the comments, likes, and engagement … in the celebratory calls and emails I’ve been getting from our neighbors, and from community members stopping me in Tops and at our sporting events across the street at VanDetta Stadium.

“It took a true village of passionate BCSD team members to bring our vision of reopening Robert Morris to life,” he said.

Smith credited his district leadership team of Finnigan, Scott Rozanski and Molly Corey, all who assisted with the “monumental logistical task of opening a school and staffing it,” and to Notaro and Assistant Principal Jessica Torrey.

After the school was closed for district educational use a decade ago, the building was used either for district needs (public relations, information technology), or rented out to various organizations, including BOCES, a daycare, Harvester Center, and Arc. After receiving comments that Jackson Primary was getting pretty tight due to increased enrollments, the district bumped up first grade’s eight sections to 10, which then created a need for additional space at Jackson. Four UPK sections have been moved to Robert Morris.

“Students who attend UPK get adjusted to what school will look like next year in Kindergarten,” Notaro said. “Exposure to school routines in preschool prepares them for the structure and the expectations of kindergarten. Research tells us that experiences in the early years are the foundation of long-term growth of a child. Preschool is much more about developing social-emotional skills than it is about developing academic skills.” 

These social-emotional skills include learning to share and take turns, showing empathy for classmates and self-regulating their own strong emotions, she said. Without skills like these, “children will have a hard time moving on to academic achievement in later years,” she said. 

“We are very excited to reopen Jackson Primary Satellite at Robert Morris. We have experienced great success in combining our preschool with Universal Pre Kindergarten to provide a rich early literacy experience for our students of Batavia and surrounding areas,” Notaro said.

There are 72 kids in Universal Pre-Kindergarten and about 30 in the pre-school program, which can also accommodate up to 70 students, she said. While Notaro has been at the district for 23 years, this is Torrey’s second year as assistant principal in a total 15 years at the district. She has found that “there's always excitement to come to pre K, whether they're at Jackson or whether they're at Robert Morris,” Torrey said.

“They love their first school experience because they're always excited to be here,” she said. “But we have noticed an increase in excitement from parents and community members in this building because it is such a beloved building in our community.”

Top photo: Pre-schoolers Braxton Bliven and Troy Briggs help with the ribbon-cutting ceremony with Principal Maureen Notaro Friday at Robert Morris school in Batavia; above is Assistant Principal Jessica Torrey. Photos by Joanne Beck.

A lack of a comprehensive and strategic staffing plan, increased teacher positions paid for with additional federal and state aid despite declining enrollment, and a larger number of school counselors per federal recommendations were some of the findings of a consultant’s study at Batavia City Schools.

Thomas Ramming of International Deliverables LLC and Thomas Ramming Consulting, Inc., presented his report to the school board earlier this week. The Batavian asked every school board member and Superintendent Jason Smith for their comments regarding the outcome, which also included suggestions to rectify some of the seemingly misaligned student-to-staff ratios and revising contract language for more effective bargaining negotiations. 

The consultant's process included using an “efficiency lens” that relies on data to review staffing issues. He also met with Superintendent Jason Smith, administrators and principals, plus reviewed master schedules, enrollment history, collective bargaining agreements, average class sizes, financial information and related research.

One central point, brought out by board Vice President John Reigle, and echoed by other board members, was that Ramming’s prior studies had all been before COVID hit. Batavia was his first project to measure staffing following the pandemic, school shutdowns, masks, social distancing and such. Therefore, in reference to having increased teaching staff despite a downward enrollment, Reigle believes it’s justified.

“Pointing out again that this study, although has its positives, does not take into consideration the needs of the students, both academically and social/mental since post-COVID,” Reigle said. “I will continue to be a strong advocate of our students’ needs.  As Dr. Ramming pointed out, these additional positions were added utilizing those additional COVID funds.

“Our district was required to document how it was spent. I think that is a key factor to point out and keep in forefront of mind that some of our students, along with other students nationally, have had a learning loss due to COVID in regards to academics and their social/mental well beings,” he said. 

The COVID funds are that of the American Rescue Plan Act, which divvied up additional monies for municipalities, and for school districts to apply toward student-needed measures in the current post-pandemic era. The district dedicated a large portion to the hiring of a second school resource officer and several new teaching positions.

During his talk with the board, Ramming admitted that the whole COVID scenario was not calculated into the overall findings, but he also suggested that the district continuously assess whether the extra personnel will be warranted in the future. And if that’s the case, the district needs a plan for how to pay for those salaries and benefits, Ramming said.

Superintendent Jason Smith concurs that the suggested ratios were pre-COVID “when mental health needs were not as pronounced and as valued as they are now.” Batavia City Schools was a major recipient of “significant grant resources” that he and board members believe have been properly allocated to those needs.

As for possible remedies for staffing issues that Ramming highlighted, including certain language that hinders negotiations with the teacher’s association, and potentially excess staff, Smith said the district has “already started implementing suggestions.”

“Two vacant teaching positions (music and Spanish) were not recently filled and will not impact the instructional program,” Smith said. “We’re working closely with our music department to review schedules, and are always in respectful and professional conversations with BTA officers to promote efficiencies while recognizing the important work of our teachers.

“Additionally, each principal and district office administrator has thoroughly reviewed and analyzed this study, and it has been given prime attention at our internal meetings,” he said.

The savings by not replacing those vacant positions covered the $12,000 cost of the study, he said.

The district has been analyzing the need for “every single position as they become vacant,” he said, citing two cases of positions not being filled after ensuring that instructional programs would not be negatively affected, he said.

“Teachers whose positions are being paid through grant funds are notified right away upon acceptance of the position that it is a temporary position — this is a practice I have brought to Batavia,” he said. “It is fiscally sound to the district and fair to the employee.”

Smith argues that teaching positions are not “extra,” as they have been deemed as critical to the district’s mission and vision. And “we were thankful to have the grant money and federal funds to support these positions,” he said.

When asked how the district will assess the value and need for those additional teachers, there are "data tools" used to measure the social emotional learning needs of students, he said. 

"We can survey students and families, and there are objective tools we can utilize as well," Smith said. "In addition, the district will be using a universal screening tool and research-based tool known as DESSA. It is a standardized, strength-based assessment designed to measure social-emotional competence for students in grades K-12. This screener will provide the district with data to analyze and plan for student needs."

Board member Alice Benedict said the board requested this study “to make sure our district staff was right-sized” for the educational programs being offered and when compared to enrollment figures.

“We have been assured by the Superintendent that he and his administrative staff will fully review and consider the findings of this study,” Benedict said.

“I have come to realize that with the effects of the COVID pandemic, our student population has significant mental health concerns. Our district wants to provide adequate support for our students with as much help and support as they need,” she said. “I am sure the Superintendent and his administration will look hard at our staffing numbers and make the appropriate decisions with regard to the positions of counselors and social workers in the district.”

 

Board member Barbara Bowman said that, while Batavia is amazing as a district, "I know it’s not perfect."

"This study just confirmed for me that we have the ability to continue to move forward, and it gave us concrete, objective ideas to consider," Bowman said. "The (Batavia Teacher's Association) represents a precious commodity, our teachers.  They in turn provide above and beyond services to our students.  We are always in communication with the superintendent and I feel there is always room and ability to negotiate. We’re definitely on the same team!" 

When asked for their priorities, board members shared similar sentiments about wanting to move forward and working with key players in the district for each student's benefit. 

"I see our first priority to be working together with the parents, the administrators and the superintendent to identify priorities and effective ways to address them," Bowman said. "Communication is key on the part of all stakeholders to keep moving Batavia forward and upward."

John Marucci, board president, said that he was looking forward to working with Smith and the administrative team on study-related efforts.

“My priority is still doing what's best for the students,” Marucci said.

This was a first-time study of this kind for board member Jennifer Lendvay, she said.

“Whenever a study is done, no matter what we are researching, we do so to get an objective perspective from an outside source.  I found Dr. Rammings' results incredibly informative and personally look forward to working closely with our administrative staff and Mr. Smith to carefully analyze these findings and move forward,” Lendvay said. “Being somewhat new to the board, this was the first time I have been a part of a study in regards to our operations and staffing, so hearing the information was quite insightful.”  

She disagreed with the finding that the district didn’t do much sharing of teacher services — specifically cited as having “a lack of coordinated effort to share teachers between buildings.”

“Knowing that we currently do have teachers that are shared within the district, and none of those are related to the ARPA funds,” she said. “Our teachers go above and beyond for our students and have been willing to do what is necessary to assist in their learning, including traveling between schools. 

“At this point in time, our students are still in need of additional support: academic, social-emotional, mental health, etc. Dr. Ramming corroborated that we have been able to add teachers because of the funding,” she said. “The additional funding was spent to help address the learning loss. Mr. Smith has made it a point to be transparent with our employees, that being hired under these funds, that it is temporary funding.”

Newly elected member Korinne Anderson said that she looked forward to “learning more about this study as the year progresses,” and is glad that it was completed “because it gives a different perspective.”

Board member Chezeray Rolle did not respond to The Batavian’s questions. 

Primary suggestions given to the board include to:

• Incorporate a five-year vision with specific and measurable academic, social and emotional goals in the strategic plan.
• Identify a central office administrator to develop and implement, with input from other administrators, principals and the board, a strategic staffing plan and process.
• Continue to review the impact of the collective bargaining agreement on staffing, scheduling, and instruction and seek to address the most significant issues through collective bargaining.
• Objectively assess the value of positions funded by ARPA and determine their value. Consider reallocating resources when the grant expires. Also, as any position becomes vacant, objectively determine if the position nesds to be filled long- or short-term, or perhaps part-time.

Other suggestions include:

• Update and consistently follow class size guidelines, student-to-teacher ratios and minimum class sizes.
• Look at sharing special area teachers, such as physical education, music, art, especially between Jackson and John Kennedy.
• Consider coordinating the schedules for middle and high schools to facilitate sharing of teachers;
• Evaluate the roles and responsibilities of school psychologists, school counselors and school social workers, within the framework of a comprehensive plan, to determine appropriate staffing

To watch the presentation, go to Batavia City School District on Youtube.com.

The future of Oddey, the French bulldog that reportedly overdosed on narcotics three times in May and June, may soon be resolved while the criminal case against Oddey's owner, Cassandra Elmore, will likely remain pending for some time.

Elmore appeared in City Court today with her public defender Jamie Welch.

Welch indicated he needs more time to file motions in light of new evidence (he didn't specify what the evidence is), new discovery turned over by the District Attorney's Office (again, not specified), and his recent receipt of lab reports (he didn't indicate what the lab results reveal).

He indicated the charges of injuring an animal under New York's Ag and Markets Law are more complicated than typical penal statutes and required more research. 

Judge Thomas Burns agreed it is a complicated case and gave Welch until Nov. 25 to file his motions, and gave Assistant District Attorney Jenna Bauer until Dec. 8 to file her answering papers.  He set a hearing date on motions for Dec. 15 at 1:30 p.m.

If that's all there was to the case, Oddey would be guaranteed at least two more months of confinement at the Genesee County Animal Shelter, but after the motion dates were set, Welch said there was one more thing to discuss.

His client, he said, was willing to meet with representatives of the "animal rights" group following the case -- referring to Volunteers for Animals. He said he didn't know if there were any respresentatives in court today -- there were -- but invited them to stop by the Public Defender's Office and pick up a copy of his card so they could discuss the future of Oddey.

Burns said it was wonderful news that there are options for Oddey.

"Options are good," he said.

Bauer said, "I believe that's the top concern of everybody here."  She suggested that if an agreement could be reached regarding Oddey, a status appearance date be set so the issue could be resolved sooner than two months from now.

After meeting with the attorneys at the bench, Burns said the case will remain on the calendar for Dec. 15, but if an agreement is reached before then, the case can be recalled and the Oddey matter could be resolved in that appearance.

The case was then adjourned.

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out

Walk inside F&M Convenience and take a 360-degree tour of the multitude of items lining the walls, inside of display cases and on both sides of a freestanding shelving unit.

There are items from A — apple juice — to Z — Zippo lighters. And in between, there are assorted beverages of water, juices, sports and coffee drinks, pop, milk and beer; various foods from chips and snack cakes to cereal and ice cream; sunglasses; sports jerseys and hats; backpacks; gum; cigarettes, grinders, wraps and baggies; and the endurance supplement Kratom. And that’s just to name some of the large inventory of items selected by Manager Ali Mohammed.

“We wanted to have a convenience store here,” he said at the site on the triangular patch of property across from Top’s friendly markets at 4169 West Main St. Road, Batavia.

It’s hard to miss the big grand opening sign draped in front of the building, and Mohammed hopes that customers will visit and check out what’s inside. The store is brightly lit with a backdrop of colorful goods available for purchase. There is also an ATM and lottery tickets available, he said.

He has already had two grand opening barbecues and is planning a third one this weekend. It’s set to begin with grilled sausage and burgers at 3 p.m. Sunday.

The store is open 9 a.m. to 9 p.m. Monday through Saturday and 9 a.m. to 8 p.m. Sunday. Mohammed is looking to hire one more staff member with at least two years of experience and is 21 or older. For more information, call 585-250-4155.

A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

Guillermo Leon is a man of few words, but they’re backed up by integrity.

The restauranteur has opened a second Mexican-themed eating establishment in Batavia, this time on the west side of town.

“Batavia is growing, and there’s more room for different kinds of restaurants,” Leon said Wednesday at Señor Leon Mexican Restaurant. “People go to Walmart and then can come here to eat. It’s very convenient.”

He owns Rancho Viejo in the city’s downtown, and thought a second restaurant closer to the popular Big Box stores would be a good location. Señor Leon, with an investment of more than $300,000, is tucked into the plaza at 4140 Veterans Memorial Drive.

Double oak and glass doors greet visitors before entering the spacious site. Deep blue, high-backed booths and Mexican decor — gold-trimmed hats, paintings and other themed wall art — plus seating of tables and similarly deep blue, padded seating are ready for a comfortable dining experience.

Leon had the furniture shipped in from Mexico, he said, to provide that authentic touch.

“I wanted to make it look different than other restaurants,” he said.

His place has 10 employees, and he is currently hiring for full- and part-time positions, he said. It may take more than a glance at the menu to place your order, as it is an extensive offering of lunch and dinner options — including assorted burritos, enchiladas, tostadas, tamales, hard or soft tacos and quesadillas.

There are grilled and “authentic Mexicano” dishes, such as Pollo Asado, chicken breast with grilled onions and cheese sauce served with rice, beans and two tortillas; nachos supreme loaded with cheese and toppings; Chicken Popeye, a grilled chicken breast topped with creamy spinach and queso fresco with rice; and Chile Colorado, beef tips cooked with red chile sauce and served with rice, beans and tortillas.

Feeling peckish before dinner? Appetizers include fresh guacamole, chicken wings, fajitas nachos, tortilla soup, and ceviche with shrimp and/or octopus.

A native of Mexico, Leon wanted to expand upon Rancho’s menu with more seafood and “a bunch of different things,” he said. Seafood entrees feature red snapper, prawns, salmon or tilapia, and there’s a seafood soup with shrimp, fish, scallops, calamari, mussels, octopus and a king crab leg. If meat’s not your thing, there are also vegetarian and vegan options.

To top it all off with a little sweetness, there’s the fried cheesecake, churros, Mexican custard (flan), raspberry donut cheesecake, the “ultimate” chocolate cake with layered chocolate mousse and butter cake with buttercream chocolate icing, or a banana chocolate swirl cake and high peanut butter pie to choose from.

If you go soon, you may notice the bar area, which will be open once Leon receives his liquor license, which has been in progress with the state Liquor Authority, and he hopes to have soon.

Asked for his favorite, Leon didn’t name one of the Mexican dishes, and instead admitted “I’m more a steak person.” He added that the steaks are served on a rack and cooked “to taste” for each customer’s preference.

Newly opened, Señor Leon has been drawing customers, he said.

“Everyone who walks in walks out happy,” he said. “I guarantee if you don’t like it, you don’t pay.”

Hours are 11 a.m. to 9 p.m. Sunday through Thursday and 11 a.m. to 10 p.m. Friday and Saturday. For more information, call 585-250-4484.

Top Photo: Staffer Felix Ramirez shows a portion of the large dining space at the Veterans Memorial Drive restaurant; Sergio Suniga is about to serve a plate of Señor Leon house appetizers: fried chicken taquitos, sauced chicken wings and a chicken quesadilla with pico de gallo, sour cream and a special touch of the Mexican flag, above. Photos by Joanne Beck.

As members of the city’s Planning and Development Committee mulled a request Tuesday for a digital sign  — which would be the first one approved for downtown Batavia — all action came to a hush at one point.

Members Ed Flynn, David Beatty, Chairman Duane Preston and John Ognibene looked at each other for guidance.

“Does anyone want to make a motion?” Flynn said. “What is acceptable? What is definitely not acceptable?”

Ryan Macdonald, on behalf of City Church, and contractor John Flannery made the request for the church at 210-212 East Main St. They asked to install a 99-square-foot electronic message board sign on the upper west side of the former theater’s existing marquee sign, and a 41-square-foot electronic sign on the upper east portion of the marquee.

Electronic signs have not been allowed in the central commercial district of the Business Improvement District, per city code. Such signs in areas outside of BID cannot change more than once every 10 seconds and images and messages must be static, not producing the illusion of scrolling, moving objects, expanding or contracting shapes or any similar effect of animation, the Batavia Municipal Code states.

So if the committee approved the sign, those three variances would have to be assessed. Members discussed the 10-second rule, mostly being against such a quick turnover of messages.The whole idea would be a “big step” to take, Beatty said, and could also set a precedent for more of the same downtown.

He gave a visual of Jimmy Stewart’s character in “It’s a Wonderful Life,” staggering down the streets of Potterville as commercialization has taken over.

“I’m not saying that’s what you’re doing,” he said to the applicants. “It’s going to be different, and quite a large sign in itself.”

Beatty suggested using some creative thinking to accomplish the goal of advertising church events and its schedule another way with signage.

Macdonald explained that the digital sign would provide opportunity for people to know what’s happening in a more direct way while driving up and down Main Street. This is a project that’s been on the table for two years, he said, as church leaders have researched a full restoration of the marquee — at a cost of more than $300,000 — and less expensive options.

“This was kind of the halfway mark,” he said.

He also echoed Preston’s comment that going electronic is a “sign of the times.”  People live by their phones, Macdonald said, and put them on their car dashboards to watch movies.

“That’s the world we live in,” he said.

Dunkin’ Donuts, which is not in the downtown district, was mentioned as an example of a sign that Macdonald said is being made with “antiquated technology.” That’s not even an option for the church as such technology is not even being used anymore, he said.

Preston sympathized with having to use the even older method of climbing a ladder to snap letters into place on a marquee sign. But all members agreed that 10 seconds was not enough time between message changes.

The proposed sign would provide an opportunity to disseminate church news “for someone that may not be on social media,” Flannery said. It’s about more than just service schedules, he said. Messages would also include a welcome greeting, a Christmas play promotion, and the like.

“There's more opportunity for people within the community to have the opportunity to participate in something, that may be other than a normal mass that's happening,” he said. “I think you would want as much ability with what they're going to provide. Because I think it's a once in a lifetime, once in our lives job. You want to do that right.”

Finally, Ognibene made a motion to approve the request with the stipulation that the message cannot change more than every 60 seconds instead of every 10 seconds.

Ognibene, Flynn and Preston voted yes, and Beatty was the lone no vote. He just didn’t see the need for the larger, electronic version of the existing marquee, Beatty said.

This vote will serve as a recommendation to the Zoning Board of Appeals, which will review the request during its meeting next week.

Preston said he wasn’t certain it was the right decision, but that it’s now up to the ZBA for final approval.

“They may not, even though we approved it for zoning. We just made a recommendation at this point, to address the three variances,” Preston said, answering The Batavian’s question about setting a precedent for others. “It's opening up a can of worms.”

File photo of David Beatty, and photo of Duane Preston, above, by Joanne Beck. Sign photos courtesy of the Planning and Development Committee's applicant materials.

Newly elected school board President John Marucci (pictured above) was happily surprised by some guest visitors Monday evening.

Groups of primary, intermediate, middle and high school students attended the Batavia City School board's meeting to honor members for School Board Recognition Week. 

"It was great being recognized for being a member of the Batavia City School District Board of Education," he said to The Batavian Tuesday. "It was awesome to see all of those students at the meeting last night. We had students from Jackson do a cheer, JK students read personalized letters of appreciation, students from BMS thanked us, while a student from BHS read a lovely thank you card."

It was likely one of the biggest turnouts for a school board meeting. Students also presented the board with a Certificate of Appreciation.

The New York State School Boards Association recognizes October 17-21 as School Board Recognition Week in order to "promote awareness and understanding of the important work performed by local school boards." 

Superintendent Jason Smith was in on the secret visit and introduced the group to board members. The current 2022-23 board includes Marucci, who was elected in July along with Vice President John Reigle, Alice Ann Benedict, Barbara Bowman, Jennifer Lendvay, Chezeray Rolle and Korinne Anderson.

“Our schools are the bedrock of our Batavia community,” Smith said. “Our Board of Education members devote countless hours, make important decisions, and are committed to keeping BCSD operating at a very high level. Their dedication to accountability, transparency, and to our community is inspiring. We thank them for their service.”

The group is just beginning to work on the 2023-24 budget, and will continue to do so during the next few months, he said.

"That will be a priority moving into the New Year," he said.

For more information on the BCSD Board of Education, click here. 

Photos submitted by Batavia City School District.

Tarrence Williams

A Batavia man who already admitted to a drug-dealing-related charge wants the chance to withdraw his plea so he can perhaps bargain for a prison sentence that includes a gun possession arrest on Sept. 30.

Tarrence Yuron Williams, 22, asked for a new attorney in County Court today saying he was dissatisfied with the representation provided by Public Defender Jerry Ader.

Judge Melissa Lightcap Cianfrini granted Williams' request to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea, which occurred before the second alleged gun possession charge following a "shots fired" incident on Ellicott Street in Batavia.

Williams was arrested in December and charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  

He later entered a guilty plea to attempted criminal possession of a controlled substance 3rd.

A drug possession charge in the third degree means authorities believe you possessed enough narcotics to sell, not just what you need for your own consumption.  It doesn't mean the defendant was caught in the act of selling drugs.

Then on Sept. 30, while Williams was awaiting sentencing on the drug charge -- that was supposed to be today -- police responded to Ellicott Street in Batavia for a report of shots fired and a man running from the area.

Sgt. Dan Coffey spotted a man on the Ellicott Trail between Jackson and Evans streets, and the man ran so Coffey chased him.  The man was later tackled in a grassy area next to Court Street, and later a weapon was recovered under bushes near M&T Bank.

Williams was charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor, and jailed on $50,000 bail.  He remains in custody.

He asked to be released under supervision so perhaps he could find his own attorney, mentioning Thomas Burns as his preference. He wanted to know if there was a way to have Burns assigned to him through the assigned council program.

Cianfrini said the assigned attorney program will assign the next attorney in line and available, not necessarily the attorney of his choosing.

She said he could get friends or family to contact a retained attorney if he didn't want an assigned attorney.  

He would have to pay for a retained attorney.

Matthew Zakrzewski

It was one of the most significant sentences she's ever given out as a judge, Melissa Lightcap Cianfrini told convicted arsonist Matthew Zakrzewski right after telling him he was going to prison for 10 years.

Ten years was the maximum Cianfrini could give to Zakrzewski under terms of a plea agreement.

In August,  Zakrzewski admitted to arson 2nd and arson 3rd.

If a slip of the tongue is any indication of what was on her mind, she would have sent him to prison longer.  

She sentenced him to 10 years on the arson 2nd conviction and then said she was sending him to prison on arson 3rd for 7 1/2 to 15 years.

A couple of minutes later, she caught her mistake and amended the arson 2nd term to five to 10 years.

Cianfrini called Zakrzewski a danger to society.

"The system needs to have you under supervision for as long as possible to ensure society's safety and security," Cianfrini said.

Both sentences will run concurrently.  Zakrzewski also faces five years on parole once he's released.

Part of Cianfrini's reasoning includes Zakrzewski's lengthy criminal record, which she characterized as escalating in severity, including a DWI and an assault, along with his failure to abide in the past with terms of his release.

She acknowledged Zakrzewski's substance abuse and mental health issues but told him he should use his time in prison to rehabilitate himself. 

"Prison can't make you do anything," Cianfrini said. "They can't force you to take classes. They can't force you into counseling.  It's up to you to do those things on your own."

The 42-year-old Batavia resident admitted to starting a fire at Washington Towers on Jan. 16, among other crimes on that date and preceding days.

The fire caused more than $10,000 in damage (Zakrzewski was ordered to pay restitution) but District Attorney Kevin Finnell said it could have been much worse.

"We were moments away from a disaster," Finnell said. "There's no excuse, reason, substance abuse, mental health issues, that can excuse starting that fire in an apartment building filled with older residents who could have lost their lives."

Defense Attorney Fred Rarick pointed to Zakrzewski's long history of mental health issues and a system, he said, that hasn't done much to assist him.  He asked for a five-year prison term.

Zakrzewski apologized for his actions and admitted his struggle with drug and alcohol abuse.  He said what he did at Washington Towers wasn't really who he is.

"Thank God, nobody was seriously hurt or killed," Zakrzewski said.

Apparently, recycling has its nasty side.

At least, that’s what Recycling Administrator Peggy Grayson discovered during this year’s hazardous waste collection.

“Hopefully none of you had screaming, yelling people. We did at the County Highway Department,” said Grayson for her GLOW solid waste annual review this week. “We booked more than we normally do. And we did have long lines. But a lot of that was because of the new paint stewardship law. And we were taking latex where we wouldn’t before, and we couldn’t in the past," she said during Monday's Public Services meeting. "So our vendor had to keep anything on that list. And it’s pretty comprehensive. They had to keep that separate, and it had to be packed a certain way.

"So we kind of had lines down both sides of Cedar Street. I had to go direct traffic, because people weren’t letting people come in from Route 5 and turn left, and they weren’t taking turns," she said. "And there were some very nasty people.”

Grayson is hoping that a new arrangement for year-round drop-off sites will alleviate the high volumes during the waste collection in Genesee County every two years. The GLOW paint recycling program allows folks to dispense of up to five gallons of paint at:

• Sherwin Williams, 16 Liberty St., Batavia
• Crocker’s Ace Hardware, 8457 North Street Rd., Le Roy
• Sherwin Williams at 4176 Lakeville Road, Geneseo

They are encouraged to call the site beforehand to ensure it will take the type of paint they have.

During her annual review of the GLOW Region Solid Waste Management Committee, Grayson listed the various services provided, including a farm pesticide collection program, which began in 1995 and has been conducted annually. This collection is for disposal of household chemicals, cleaning products, vehicle fluids and other similar materials.

The 2022 collection was in September in Batavia. Of the 470 participants, 268 were from Genesee County, she said. The program is funded by county contributions and an expected state Department of Environmental Conservation grant that funds half of eligible expenses.

A separate electronics collection, held one week later in Batavia and also by appointment, had an attendance of 361 people, of which 240 were from Genesee County.

“The value of these programs is in minimizing the potential contamination of area wells, streams and aquifers,” Grayson said in her report. “The 2023 household hazardous waste collection will be held in Livingston County. Because of changes to the State Electronic Recycling Law, it may not be possible to hold electronics collections in the future.”

Other efforts include an emphasis on composting, providing technical assistance to other municipalities in the region on “a variety of solid waste-related topics,” she said, and fielding calls from individuals, businesses and other entities.

“GLOW provides technical assistance to businesses, institutions and residents on an as-requested basis. These requests are normally made through GLOW’s Recycling Hotline and consist of questions on how to dispose of trash, hazardous materials or other items,” she said. “These callers are often referred to contractors and haulers in the region and/or are told about GLOW programs, such as household hazardous waste or the materials exchange programs. Staff normally fields from six or more calls per week or more, concerning household hazardous waste disposal.”

The GLOW staff currently consists of a single person, which is Grayson. GLOW’s payroll and invoicing is performed by an employee of Genesee County’s IT Department at no charge, and in the spring of 2021 three funding counties — Genesee, Livingston and Wyoming — agreed to renew an Intermunicipal Cooperation Agreement for the calendar years of 2022 and 2023.

As a result of that agreement, the Genesee County contribution was reduced from $27,000 per year to $25,805, a reduction of $1,195, or 4.4 percent. The contributions will remain at those levels in 2022 and 2023, she said.

For more information about recycling, go HERE  or click on PaintCare for details on the paint recycling program.  

Although contractors for the new Genesee County Jail have been abiding by OSHA requirements, the construction site had an incident with one worker this past month, Carl York says.

York presented a monthly update Monday to the county’s Public Services Committee. From the large — utility infrastructure and the building’s footprint — to more minute details of cell accessories, they were being completed one by one, he said. And occasionally, accidents happen.

“A contractor twisted his arm while drilling,” said York, senior project manager for The Pike Company. “There was no doctor visit, no lost time. So we’re just treating it as a first-aid case.”

Many items on the construction to-do list have been completed by 98 percent, but some supply chain issues will cause a delay of the precast (a premade concrete form of a structural element for the building) from December of this year to January 2023, he said.

A visit to a neighboring jail facility seemed to be a validation that many aspects of Genesee County’s new jail are on track with what has worked in Greene County, he said.

“It was very informative. We learned a lot of stuff. We talked to the maintenance people about things they like and didn’t like. “But (the county’s architect) had already put most of the lessons learned into your design that the transition team had met with previously,” he said. “So it was, for us, the learning was all very positive.”

Aside from losing seven days to rain, the project is still on course for completion in spring 2024. Masonry work has been started, with about 5 percent completed, he said, and will continue until a steel shipment arrives for another phase of construction.

He showed some areas that were near completion, including a cell mock-up that his team inspected.

“There were very, very minor quality control issues,” he said. “The biggest issues we saw were some of the sharp points that were still left on some of the stainless steel, which is the sink and toilet. And then they also found the mirrors and the grab bars,” he said. “So we were pretty thorough, running our fingers over everything just to make sure there’s not a sharp point."

He had a feeling that further inspections will cause those items with sharp points to be removed and fixed. He marveled at how smooth and shiny a steel mirror was — the reflection was like a regular mirror, he said. There was other good news as well, he said.

“We did hit one of the milestones, which is getting all of the foundations complete for the Admin Building and for the pods. So that's 100 percent complete and finished … three days ahead of schedule, so that was good,” he said.

Construction began in May next door to County Building #2 on Route 5 in the town of Batavia. The 184-bed facility has a total contractor cost of $57,272,800. A target completion date has been set for March 2024.

Go HERE for prior coverage. 

Carl York, senior project manager for The Pike Company, shows photos during the county's Public Services Committee meeting Monday at the Old Courthouse in Batavia. Photos by Joanne Beck. Editor's note: The Batavian has requested the report with photos.

Many businesses have found it hard recently to staff their operations, and now one restaurant's inability to find a cook has forced it to close its doors.

Sweet Betty's owner Gabrielle (Gabby) Keister said her restaurant is closing because of kitchen staffing issues.

"We’ve been looking for a cook for over a year, part-time or full-time," Keister said. "We are done trying to beg people to work."

Restaurants across the nation have been struggling with staffing since the shutdown at the start of the pandemic. The National Restaurant Association estimates nearly a million workers have left the industry.

The Department of Labor has not yet released September's unemployment rate, but in August it was 3.0 percent in Genesee County with only 900 people considered unemployed.  

Genesee County's unemployment rate has remained below 4.0 percent since September 2021.

Sweet Betty's opened in 2020 at 15 Main St., Le Roy, during the pandemic.

In a social media post, Keister said, "Who would have thought we’d make it through, and so successfully? It was because of your (customers) continuous patronage that this was possible."

For those who have gift certificates, she said, customers can stop by on Friday from 4 to 6 p.m. with gift cards for a refund or to buy hard ice cream -- 25 flavors to choose from.

She said Sweet Betty's will participate in the Winterfest on Dec. 3.

"We will have Santa and Mrs. Claus and the second annual “Maddie Master’s Pay it Forward” one-mile walk, as well as luminaries and a walk to the tree-lighting.

"Thank you for making the past two years a lot of fun," she told customers. "We will always remember all who supported us during our venture!"

Previously: From burgers to cheesecake, new Le Roy restaurant is a sweet addition

Photo: File photo by Howard Owens of Gabby Keister, her husband Scott Keister, and their son Scott (on left).

Joseph Applebaum was surprised when a survey he and fellow filmmaker Stu Maddux put out to 3,000 friends and acquaintances came back with an unexpected winning topic.

While they thought that it would be something about transgender or LGBT issues, the most popular concern for folks was something much more universal.

“By two to one, it came back to social isolation and loneliness. So once we got over our shock, we thought, okay, we better look into this, because we don't know anything about it,” Applebaum said by phone during an interview from San Francisco. “And we started doing serious research, as we do. And we realized what an important subject this is, and how it literally can affect anybody. It is not an easy group that’s affected that you're trying to bring attention to, this is something that, you know, everybody on this planet, whether they want to admit it or not, does feel periods of loneliness and being isolated. So we pursued it.”

And, as it happened, he and his work and life partner discovered that they, too, had become isolated at their home-base office. While the film is not about Applebaum, it seems to serve as a testimony that the topic can be insidious enough to hide from the very people investigating it for a documentary.

“And of course in pursuing it, we realized very quickly that we were lonely and isolated,” he said.

He and Maddux produced the film “All the Lonely People,” which will be presented at 3 p.m. on Nov. 2 at Genesee County Office for the Aging, 2 Bank St., Batavia. Space is limited. Call (585) 343-1611 to reserve your seat.

The film falls right in line with the types of projects Applebaum and Maddux produce, dealing with genuine topics of social, personal, and lifestyle significance. Yet all the while, the couple fell into what they later learned was a familiar trap: moving to an area where they didn’t know anyone, focusing on work, staying at the home base with little personal interactions with the outside world, and eschewing groups for a diligent career mentality. That left them together — but alone.

Being married or in a relationship with someone doesn’t exclude loneliness and isolation, Applebaum said. People need additional support besides that one person in their lives, he said.

Through his research and connection with Age UK, a charity agency founded in the United Kingdom to help older people make the most of their later lives (The UK is a place far more advanced with a focus on this topic, he said), Applebaum found resources and seven suitable candidates to interview and trail for updates and progress on their loneliness journeys.

Although COVID really set everyone back in terms of social distancing, Applebaum was ahead of the times by initiating this film in 2018. By 2020, when the pandemic shut most operations down, his team had completed 90 percent of the film content. They then had to assess whether to just finish it or continue on. He knew it wouldn’t be the film that it could be just yet, so interviews were conducted on Zoom.

While it seemed a bit impersonal, talking via electronic devices was exactly what COVID had created, so it also seemed very real, he said.

“We liked the disconnectivity of Zoom,” he said.

They packaged tiny cameras and microphones and sent them to subjects to set up themselves. The film crew also directed the subjects over Zoom so they knew how to capture their interviews and comments. Subjects were all over the world, from Tokyo and Alaska to Australia and the UK, where 40 percent of the film was made.

“They’re way ahead of the curve in recognizing the seriousness of loneliness. They really are at the forefront of the subject,” he said. “Here, everything is so political.”

So how does loneliness affect people? Certainly, depression was a big one, and at least one subject admitted to drinking a lot of alcohol to cope. Others felt trapped by financial constraints, he said, and not being able to go anywhere due to having no money for gas. To sum it up, “it was a lot of different things,” he said.

Applebaum is a California native who is producer and CEO of The Clowder Group. He and Maddux left mainstream television and Hollywood “in the dust” years ago in search of “the next film” that actually meant something to them.

“We’re blessed with a lot of people who use our films,” he said, listing government, educational and health agencies as examples. He and Maddux have embarked on a New York statewide “community impact campaign” regarding their film, and it is being shown at several locations, including in Batavia.

Subjects for the film participated in candid interviews, in which they revealed their situations and — as time elapsed — how they attempted to get themselves out of the isolation holes they were in. Related materials have tips for ways to combat an isolated life, and Applebaum and Maddux used some of them — joining groups, getting out of the house more often — to a successful outcome.

The response to the film has been “phenomenal” so far, Applebaum said, and it’s only just the beginning of the release.

“And as you know, we're doing this big tour of New York State, which is fantastic. We have other opportunities to do similar tours in other states,” he said. “We've shown the film to a joint session of Congress. We have the possibility of showing it to European Parliament, and we're just getting started.”

OFA’s Director Diana Fox said that the state’s Office For the Aging provided her agency the opportunity to be part of the film tour, which has been set for next month.

“We are thrilled to be able to offer the viewing here in Batavia and have the filmmakers available as part of our panel discussion following the film, which will be streamed to Monroe County. Our county is not unique with having our citizens experience isolation and loneliness that, in part, due to the pandemic became even more apparent,” Fox said. “We heard frequently from people in our community just how isolated and alone they felt.  Our OFA worked very hard to provide connection during this time of crisis and is continuing to work hard to help create connection for people.”

The OFA works primarily with  people 60 and older, and their caregivers, she said; however, “loneliness and isolation do not solely impact this group.”

“This is an issue that impacts many people throughout their lifespan and can have a negative effect on the health and well-being of all of us,” she said. “We thought that it would be a wonderful opportunity to bring people in our community, of all ages, together to have an event that can spark ways to overcome loneliness and isolation and help create connection.”

The presentation will include interviews with Julianne Holt-Lunstad, professor of psychology and neuroscience; Dr. Carla Perissinotto, geriatrician, social isolation and loneliness researcher; Michelle Lim, scientific chair; and Janet Morrison, co-founder for the Campaign to End Loneliness. A project that was built on hope, it "shares the latest research and interventions for individuals and communities and leaves audiences feeling empowered and reconnected," the filmmakers said.

Speaking on behalf of himself and Maddux, Applebaum shared what they hope to impart with this project.

“We want people to recognize that this is an issue, a growing epidemic that can affect anybody at any time in their lives. And it is not weakness to admit that you get lonely. It just isn't, you know, it's very hard sometimes for people, especially men we have found, to admit that they're lonely because they view it as a sign of weakness,” he said. “But those that do, and can realize that they're not alone, and this is a normal thing, are the ones that can then easily find solutions and pull themselves out of it. So that's what we hope, that people will see it. It's not this big, scary thing. It happens to everybody. And there are things you can do to get out of it.”

Some of the “Loneliness Life Hacks” suggested include: 

• Maintaining a positive outlook 
• Reaching out to others early when feeling lonely
• Acceptance of one's life circumstances or situation
• Telling others you are feeling lonely today
• Motivating yourself to move - change settings that keep you isolated
• Caring for an animal
• Stepping outside your comfort zone - trying something new
• Expressing gratitude 

For more, visit the Lonely People website.

Top two photos of Joseph Applebaum and Stu Maddux, respectively; film subjects Tony Westbrook, Ari Rossen, and Carol Hill. Photos courtesy of The Clowder Group. 

Raul Cruz

One of the two men charged with murder in the double homicide of farm workers in Alexander on March 11 had a hard time deciding whether to accept a plea deal that would have capped his prison sentence at 23-to-life.

The alternative, if convicted at trial, would be a possible sentence of life without parole.

Raul Cruz had multiple conferences over the course of the day with his attorney Fred Rarick but it was a family member sitting in the gallery who persuaded Cruz to take the deal.

"What are you doing?" asked a woman who later identified herself as the defendant's sister-in-law.

A few minutes before that question, Rarick had returned from a private meeting with Cruz and informed District Attorney Kevin Finnell that Cruz had changed his mind and would reject the plea offer.

Then Cruz came in, and in response to the woman's question said he didn't know what to do.

"It's hard," he said. "I don't understand. They're offering a deal on a case that's still under investigation. If it's still under investigation, how can they charge me?"

He was referring to an allegation that while in jail, Cruz paid money to an inmate about to be released to give a "blunt" (a cigar hollowed out and filled with marijuana) laced with fentanyl to a witness.

The potential witness tampering case could, on its own, be worth 25 years in prison.

Finnell had already explained in court that the investigation was paused when he learned Cruz was going to accept a plea offer but that it would be completed and Cruz would be charged if he rejected the plea offer.

"I think you should take it," the woman told Cruz.  "I'm just thinking of you."

Cruz was facing an indictment that includes first-degree murder and two counts of murder in the second-degree, arson, and petit larceny.  Pending charges include witness tampering and two possible counts of introducing prison contraband.  Cruz reportedly had a sharp object, or objects, in jail on one or more occasions.

The offer Cruz eventually accepted was a guilty plea to two counts of murder in the second degree, with a sentencing cap of 23 years to life on each count to run concurrently and a guilty plea intimidating a witness with any sentence on that conviction to run concurrently.  The plea would satisfy all other pending charges.

If the 18-year-old stays out of trouble in prison, he could be a free man in 15 years.

Cruz first appeared in court today just before noon and Judge Melissa Cianfrini thought she would be presiding over a hearing where Cruz would accept the plea offer only to learn that Cruz had yet to indicate to his attorney that he would accept the offer.

Cianfrini called for a recess of more than three hours to give Rarick and Cruz time to meet at the jail and go over the plea offer again.

When they returned to court, Rarick informed Finnell that Cruz was rejecting the deal, and then a smirking Cruz entered the court

When Cianfrini re-entered the courtroom, the hearing resumed, and she asked Cruz if he had made a decision.

Cruz said nothing for several seconds.

"I'm not going to accept it," he told Cianfrini.

After more conversation about sentencing parameters, there was a pause in the hearing, which is when Cruz and the woman had their conversation, with Cianfrini out of the room.

Cruz turned around, facing the front of the courtroom and whispered something to Rarick.  Rarick turned to Finnell and said, "He's going to take it."

Cruz turned to the woman and said, "I let him know I'm going to take it."

"Don't change your mind," she said.

"I think she's giving you wise advice," Rarick told Cruz.

When the hearing resumed, Cianfrini began the detailed recitation of the plea offer and what rights Cruz surrendered as part of the plea offer, including his right to a trial.

When it came to a discussion about Cruz giving up his right to certain appeals, such as challenging evidence that could be used to convict him, Cruz said he didn't understand, so Cianfrini allowed Cruz and Rarick to again discuss the case while she left the room.

From what could be heard of the conversation in the courtroom, it wasn't clear that Cruz -- who had told Cianfrini previously that he only had a ninth-grade education and had not completed his GED -- would not change his mind again but when Cianfrini resumed the hearing, he said he would agree to appeal waiver.

In the end, Cruz admitted intentionally participating in the murders of Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander, on March 11.

Prince Wilson, of Albion, is also charged in the double homicide.

Cruz will be sentenced at 1:30 p.m., Dec. 13. 

CORRECTION: The length of the sentence was corrected to 23 years.

Given the origins of scarecrows — a human-like figure stuffed with straw and placed in a field to discourage foraging birds — it seems only fitting that they would be popping up throughout Genesee County.

The makeshift crop guards have been used worldwide by farmers, and their very existence represents agriculture’s ingenuity to survive. As time has gone by, scarecrows have become much more commonplace off the field as well — used as wall, door, window, front yard and standalone seasonal decor.

A recent visit to Cambria, Calif. was a reminder that these creations have definitely ventured off the farm and into the land of one's imagination.

A walk down the main street in Cambria, within California’s stunning Central Coast, held delightful surprises with an ongoing scarecrow contest. Displays were done as individual scarecrows, and group scarecrows, dancing, talking and walking scarecrows, celebrity scarecrows, young and old scarecrows, even a horse scarecrow and bicycling animal scarecrows.

They were along the main drag, but also off the beaten path down side streets, around a quaint town museum, and at businesses and oceanside homes. Each one had a small attachment with a QR code for voting purposes.

Think that scarecrows don’t add much to commerce? Tourists were overheard saying that they had intentionally driven to Cambria to see the displays. First the viewing, then lunch, perhaps? Or shopping the clothing and trinket stores. For certain, scarecrows and related decor add to commerce. They were cute, scary, funny, interactive, and most of all — easy entertainment for those wanting to go out for a stroll.

Many of these events seem to be tied to Dia de los Muertos (Day of the Dead), a holiday that began in Mexico and is now celebrated throughout the globe with colorful skulls, skeletons and the like.

Despite its foreboding title, Day of the Dead is actually a celebration of life and of death — honoring those who have died. The event traditionally has a festival atmosphere, conducted between Nov. 1 and 2, and represents a dedication to the memories of loved ones with offerings, family gatherings, and visits to their graves. (GO Art! is hosting a Day of the Dead event on Oct. 22.)

Back to the scarecrows, they were certainly noteworthy, and photo-worthy in California. And so are the local ones in downtown Batavia. From cows and witches to chefs and artists, these scarecrows were made by individuals, businesses, civic groups, and Robert Morris, Jackson Primary and John Kennedy Intermediate schools. 

Batavia’s downtown area, represented as the Business Improvement District, has built a fine foundation for its scarecrow contest. There are 34 entries, and each one is on a pole of some type mostly on Main Street and a few side streets. Votes are being accepted online through Oct. 30.

While individual contests are great to have within each community, how awesome might it be to create a Genesee County scarecrow display? What better way to honor and recognize the efforts and struggles of this county’s farmers to keep the foragers at bay? (In this context, foragers may also include bad weather, early frost, and questionable farm labor decisions.)

Perhaps each community would be responsible for its own contest, but it could be promoted as a countywide effort. Imagine the buzz. This would also, of course, afford local artists several opportunities to lend a hand with the display set-ups.

This is nothing against the events of BID and Oakfield (Halloween decorating contest) — those are fun, festive happenings that absolutely add color, fun and intrigue to their areas. But sometimes, perhaps, we can also think more globally, and in this instance join forces and become a regional display of an agricultural symbol.

To vote for the downtown scarecrows, go to BID's Facebook page, Executive Director Shannon Maute said. 

Top Four Photos of a few of Cambria, California's Scarecrow Contest entries; and partaking in the display fun. Photos by Joanne Beck, last one by Howard Owens. Remaining photos of entries for the downtown Batavia Scarecrow Contest. Photos by Howard Owens.

In the ongoing quest to make good use of empty space inside Batavia City Centre, city officials are hosting a Saturday morning indoor market this year.

Set to run from 8 to 11:30 a.m. Saturdays from Oct. 29 through the end of this year, the market is to provide shoppers with an assortment of vendor goods for purchase. There will be spaces sectioned off within the concourse area, and it’s on a first-come, first-served basis, City Manager Rachael Tabelski said.

“We’re hoping people will come out on Saturday mornings to enjoy vendors inside City Centre,” she told The Batavian Friday.

Spaces are $40 per day, $100 for three days, and $150 for seven days. It is open to any Farmers Market vendor or anyone else who has goods to sell, she said.

The city will be issuing more details about the indoor market soon, she said.

Tabelski also shared this week that a redesign of the Centre entryways has been completed and will be put out for bid in the near future.

For more information, call the city manager’s office at 585-345-6330.

File Photo of the concourse inside of Batavia City Centre by Joanne Beck.

When Alondra Longoria moved from Texas to Elba with her parents and two brothers, she was a shy, quiet 19-year-old who spoke no English.

That was about three years ago. And oh, how things have changed for the soft-spoken young lady. She took English as a Second Language classes, graduated with a general education diploma, and is pursuing her citizenship and, most importantly, a future.

“It feels good. You have to have goals to keep going and know what you are going to do with your life,” the now 23-year-old said during an interview at the CORE Learning Center in Batavia. “We have to keep going, and no matter what happens, you have to keep going and complete your goals to be a better person, to learn and keep going with life.”

Nobody said it was easy. The former Alondra was an uncertain teenager who first moved to Texas with her farm-working mom and dad four years ago. They emigrated from Mexico mostly for financial reasons, she said, to earn more money and improve their lives. She left behind family members -- grandmas -- friends, and the only culture she had known.

And Alondra has encountered racism by being told to "go back to your own country."

"We are good people that work every day, and sometimes we work to get this country better too," she said. "Those things can hurt; they're not a good thing to say."

The family obtained green cards, and eventually opted to move across the country to Elba, a community rich in farming opportunities. Alondra’s aunt already lived there, so they had a connection to working the cash crop fields. Her parents get up each weekday to work in the fields from 7 a.m. to 7 or 8 p.m. five days a week, and a shorter time span on Saturday. Sundays are reserved for cherished family time.

Alondra worked at the Agri-Business daycare in Batavia until she learned about The CORE Learning Center. It offers adult basic education, high school diploma preparation, ESL, college prep and various other certification classes. A spacious classroom was waiting for Alondra at 1 Mill St., and she said she enjoyed working with the staff and students she encountered.

Adult Educator Amy Andrews clearly remembers those first days of seeing Alondra.

“At first we couldn’t get her to talk,” Andrews said with a suggestive laugh. “Now, we can’t get her to stop.”

Her student agreed, adding that “it’s a good thing.”

At first, her life in Genesee County was filled with the inability to read, write or speak any English. She communicated through her one older brother, Alejandro. But as time went by, those English lessons — filled with confusing and contradictory rules — began to make sense, Alondra said.

Although she had graduated from high school in Mexico, that isn't valid in New York State. So she studied for, and passed, a state general education test. She graduated with a diploma in December 2021.

She gave a stern glance to Andrews during the interview, indicating that some lessons were to be kept secret. They both laughed and shared anyway.

“Now that she talks more, she likes to argue with me,” Andrews said.

They encountered words that just didn’t translate from English to Spanish very well, she explained. So when discussing the word “toes,” Alondra argued that they are “foot fingers” according to her native language translation.

Adapting to America was a practical thing to do, Alondra said. “When you don’t have nobody that speaks Spanish, you have to learn it (English),” she said. “I was nervous and it was scary. I grew up speaking Spanish. I have to learn another language and communicate with people who speak with a different language.”

She was in an intimate setting of three classmates, two who spoke Spanish and one Thai-speaking person. They were provided with workbooks, in-person lessons, and a program they could study at home on a computer. Alondra, in turn, brought in homemade cakes to share with the class and staff. One of those yummy creations was a rosca de reyes, a ringed cake with a baby figurine baked into the batter, topped with fruit in the colors of the Mexican flag. Whoever gets the piece of cake with the baby inside has to make tamales for everyone. But Alondra didn't enforce that part of the tradition, she said.

Adding to her accomplishments of a diploma and ability to understand English, Alondra was awarded Student of the Year by the New York Association for Continuing and Community Education, a statewide agency that provides information and support for professionals serving the needs of lifelong learners.

Alondra is one of three recipients from this CORE branch, which covers Allegany, Genesee, Orleans, Livingston, Cattaraugus and Wyoming counties. There will be a presentation at a banquet on Oct. 25 in Albany. Yes, that means putting her new skills to work with an acceptance speech.

As one of the motivational phrases on the wall says, “you got this.” And she does.

“It means a lot to me that people have recognized some of the struggles I have overcome,” she says in her speech. “Four years ago I left my country, and with it, family and friends, behind. I had to start over in a new country without knowing the language. I moved to Texas, and then came to New York, and it was the best decision that I made.”

She found “very good teachers” at Literacy West, a subdivision within CORE Learning Center, and they helped her to complete many goals, including improving her speech and writing. That all led her to one end result, and a new beginning.

“I’m looking forward to learning sign language and starting a career in cosmetology,” she said.

She and fellow award recipients Jerry Finch from the Olean site and Jessie McCray from Warsaw will be accompanied by Literacy West NY staff to receive their awards and take a tour of the capital.

“These students have all experienced adversity and hardships that lead them to our program, and have persevered to reach their educational and occupational goals,” Executive Community Relations Coordinator Adrianna Seewaldt said. “We are proud of their accomplishments and truly believe that they will continue to achieve their future goals.”

For more information, go to CORE2learn.org.

Top Photo: Alondra Longoria, originally from Tamaulipas, Mexico, has become comfortable at the CORE Learning Center in Batavia after taking ESL lessons and graduating with her high school equivalency diploma; Alondra and Adult Educator Amy Andrews chat in the classroom at 1 Mill St., Batavia; Amy Andrews displays one of the lesson boards to incorporate English words into students' vocabulary. Photos by Joanne Beck. Submitted photo of Alondra with her diploma.