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Rolling into autumn has meant more than the debut of colorfully decorated trees; it has also signaled the finale to several city street projects.

Public Works Superintendent Brett Frank reviewed the list of work at or near completion during this week’s City Council meeting.

As you may have noticed, Bank Street, Chandler Avenue, Ross Street and Richmond Avenue are looking pretty smooth these days with resurfacing done at those sites; and sidewalks have been — or will be by next week — installed along Seneca and Columbia avenues and Fisher and Chase parks, Frank said.

Richmond is still getting some finishing touches with new sidewalks and Americans with Disabilities Act-mandated ramps at each intersection, he said.

Councilman Bob Bialkowski asked why the pile of concrete and road debris was still in the middle of the parking area in front of the state School for the Blind. That material will be removed and the area cleaned up, Frank said, however, the city will not be repaving it.

The state Department of Public Transportation is responsible for any paving, as it is state property, Frank said.

On the city’s east side, Harvester Avenue is coming along, but there is still rehabilitation work to do before final paving is completed, he said.

“So it's a work in progress on Harvester. There's just a lot of moving pieces to that. And once you've milled down eight inches, you find a lot of areas that really need to be addressed,” he said. “Within the next week or so we'll probably start paving driveway approaches to make everything easier for people getting in and out of their driveways. We're hoping end of next week to get a (base) coat which is truly powerful to get some sort of base pavement on that surface, which will cut down on a lot of the dust and debris and all that.”

Some work has to be done with the installation of drainage structures “before we can pave anything,” he said.

The contractor has a Dec. 14 deadline for full completion, he said.

Existing sidewalks are remaining in front of Harvester Center “as much as possible,” City Manager Rachael Tabelski said.

Earlier this summer, a few business owners voiced complaints about the seemingly slow progress being made in front of their sites at Harvester Center. Harvester had been dug up, pot-holed, bumpy and anything but customer-friendly, they said. Rob Credi, owner of The Pub Coffee Hub, estimated a revenue loss of 75 percent since the inception of the road work. 

He had reached out to city management, Frank, and council members multiple times, Credi said, however, he more recently "kinda gave up on trying to get any kind of improvements to the temporary conditions."

"The road quality is still a disgrace," he said on Friday to The Batavian.

Although Frank said this week that he received two compliments from people associated with Harvester Avenue, Credi was obviously not one of them. 

A parking lot across from his shop had been inaccessible due to a trench carved out directly in front of it. That issue has been resolved and customers once again gained access to it, Credi said. But that's when customers could even drive down the street, he said. 

"We've had a couple incredibly bad days where they've more or less had trucks completely blocking the roadway for periods of time," he said. "Just total disregard."

Top Photo: A pile of road debris remains in the parking area in front of the state School for the Blind on Richmond Avenue, but will be removed and cleaned up eventually, city officials say; road construction on Harvester Avenue is also gradually moving toward completion for a December deadline. Meanwhile, businesses are open at Harvester Center. Photos by Howard Owens. Above, one of the days when the road was blocked by construction vehicles and hampered business access. Photo by Rob Credi.

While 99 percent of all beers produced depends on freeze-dried and preserved hops, there’s also a type of craft beer made from freshly harvested hops flowers, Adam Burnett says.

That 1 percent happens for about one week a year with a farm-to-brewery operation. And Eli Fish Brewing Company is taking advantage of those special brews this weekend.

“It’s the New York Wet Hop Beer Festival,” said Burnett, a lead organizer and brewmaster from Eli Fish. “Hops are just flowers. And when you pick a flower, it doesn't last very long. So there's only about a one-week window a year when you have the opportunity to pick hops off the vine and use them fresh. And when they’re fresh to pick, and are put right in the brew, you should use them the same day they’re picked; it can be anywhere from the last week of  August up to mid-September.”

The first-time wet-hops fest is set for noon to 4 p.m. Saturday at Jackson Square in downtown Batavia.

“We found that 14 breweries around New York State did that this year,” Burnett said. “We do it every year, and this year I made two different beers to kind of showcase different farms. There were different varietals this year, and it kind of peaked at different times so the window is actually different depending on what type of hops you want to use.”

Burnett made his two brews — pale ales that allow the juicy hops to shine — out of New York-grown chinook and cascade, two popular types of hops, and his Harvest Ale, featuring cascade hops and Michigan copper hops, which is described by beermaverick.com as a “vigorous super-aroma hop with very fragrant floral and tropical fruit aromas and flavors.”

He will have plenty of company from eight wet hops brewers from Western New York and six from New York City. Each booth will have a home-style brew plus a guest brew from another location, he said.

Breweries include 1927 Brewhouse at Santora's, Nine Maidens, Beer Tree, TIL Brewing, Wagner Valley, Swiftwater, Three Heads, Noble Shepherd, Strong Rope Brewery, DaleView, Greenpoint, Endless Life, Threes, KCBC, Port Jeff and Good Nature.

Eli Fish owners and staff are hoping that this inaugural event draws interest and attendance in an effort to make it a yearly and growing festival, Burnett said. Not only is Strong Rope Brewing Company of Brooklyn participating, but it is also hosting the same event on Saturday at its hometown location, he said. So each event will “mirror” one another with similar craft beers and producers for brews from each a local and more distant locale.

Pre-sale tickets are still available for $35, which includes a glass and eight tastings, or people may purchase the glass for $5 and tastings for $5 each on the day of the event. Pre-sale gives you two free tastings, Burnett said.

There will also be specialty foods available for purchase, and the musical stylings of The Eaglez, “a very good” Eagles tribute band from Buffalo, he said.

“We want it to be even just the smallest amount of success. I mean, everyone wants New York to be the (craft beer) place again. But until we respect that we have the ingredients to make beer, it's not going to happen,” he said. “So it takes this kind of stuff to get there.”

Go here for tickets.

Top File Photo of Oktoberfest hosted by Eli Fish at Jackson Square; above, image of The Eaglez logo from its website.

A U.S. District Court judge today dismissed a lawsuit against Western Regional Off-Track Betting Corp. that was filed by Michael Nolan, a former chief operating officer of the public benefit company based in Batavia.

Justice William Skretny, representing the Western District of New York in Buffalo, based his ruling on a statute of limitations issue regarding Nolan’s claim that his First Amendment rights were violated when the corporation’s leadership allegedly retaliated against him for talking to federal agencies about alleged improprieties.

Nolan contended that he was fired from his position in December 2020 after being ostracized since April 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

WROTB officials retained legal counsel to fight the allegations – eventually filing a Motion to Dismiss -- and the matter has been tied up in court until today’s ruling.

“We are gratified by today’s District Court decision,” WROTB President and Chief Executive Officer Henry Wojtaszek said in a press release. “From the beginning we have stated that these accusations were politically motivated.  We continue to believe that any thorough examination of the facts would show Western OTB acted in an appropriate and professional manner.

“The ruling by Judge Skretny was clearly well researched, well-reasoned, and came to the right conclusion. We will continue to focus on being a model OTB in the state and providing our customers with the best possible experience. Results matter, and the leadership at WROTB has made decisions that have resulted in record revenues being disbursed to our partners in local governments across the area. We look forward to building on that success now that these baseless allegations have been dismissed.” 

In his ruling, Skretny wrote that since Nolan’s claims alleging First Amendment retaliation ran from the first alleged instance of retaliation, “accruing not later than April 30, 2019.” Another complaint dated August 2021 came too late, the judge ruled, citing the statute of limitations at 1 year and 30 days after the first alleged instance.

“Therefore, Plaintiff’s (Nolan’s) First Cause of Action for First Amendment retaliation is dismissed as untimely and Defendants’ (WROTB) Motion to Dismiss … this cause of action is granted.”

Skretny concluded by stating that “absent an original jurisdiction claim, this Court also declines to exercise supplemental jurisdiction over Plaintiff’s remaining state law claims and dismisses them without prejudice. Thus, Defendants’ Motion (id.) to dismiss the Second through and Fifth Causes of Action is granted. Therefore, Defendants’ Motion to Dismiss … is granted and the case is closed.”

In August 2021, attorney Steven M. Cohen of HoganWillig, PLLC, of Buffalo filed a lawsuit on behalf of Nolan against WROTB, Wojtaszek and Richard Bianchi, chairman of the board of directors. The suit asked for Nolan to receive $4.5 million for violating his First Amendment rights (First Cause of Action), plus another $4.5 million for breaking the state’s Civil Service Law (Second Cause of Action) and additional $5.5 million for emotional pain and suffering (Third Cause of Action).

The Fourth Cause of Action sought indemnification and/or reimbursement of Nolan's attorneys’ fees from WROTB for representation for his appearance before the federal Grand Jury, and the Fifth Cause of Action alleged that WROTB violated New York Labor Law by retailing against Nolan.

Wojtaszek, in the press release, said he believes the dismissal once again vindicates the corporation.

“WROTB has won another victory in court against a frivolous attack on our operations. This is our fourth victory this year, against what appears to be a never-ending string of attacks by those with an ax to grind,” he said. “As we stated during our meeting with our 17 member counties last week, we have done much to improve the transparency and accountability of our organization, but many of the charges that were thrown at us were simply unfounded, and that was again underscored today in federal court.

“Lawsuits get dismissed when people miss deadlines. It must not have been a priority for Mr. Nolan or his attorney, which sometimes happens when you start with a baseless claim.”

WROTB was represented by Daniel Oliverio and Aaron Saykin of Hodgson Russ, a Buffalo law firm.

An email was sent to Cohen on Thursday morning, seeking comment on the decision.

A 39-year-old Oakfield man is facing 46 felony charges related to sex crimes over a period of years in the Oakfield and Elba areas.

Ricardo Castillo, Jr., of Maple Avenue, is charged with 13 counts of rape 1st, 10 counts of rape 2nd, 13 counts of criminal sexual act 1st, and 10 counts of criminal sexual act 2nd.

Castillo is accused of raping at least one person under the age of 15.

The rapes allegedly took place between November 2019 and August 2021.

Investigators Howard Carlson and Kevin Forsyth handled the case.

Castillo was arraigned in Town of Oakfield Court and released under supervision of Genesee Justice.

Brandi L. Reuben, 26, and Garrett S. Porter (no residences provided), are charged with arson 3rd, criminal mischief, and conspiracy 5th. Reuben and Porter are accused of starting a fire at a newly opened location of a smoke shop at 368 Martin Road, Alabama on Sept. 29 at 10:38 p.m. The pair was arrested following an investigation by Deputy David Moore.  Reuben and Porter were arraigned in Town of Alabama Court and are scheduled to appear again on Nov. 15 at 6 p.m. (Previously: Judge gives Tonawanda resident a chance to put his past behind him)

Gerald Kenneth Freeman, 70, of South Spruce Street, Batavia, is charged with grand larceny of a motor vehicle. Freeman is accused of stealing a Ford water truck from the Genesee County Fairgrounds on Oct. 4 at 7:43 p.m. Freeman was released on an appearance ticket.

Rufus Garrett Johnson, 29, of Park Way, Chili, is charged with burglary 3rd and petit larceny.  Johnson is accused of going to Walmart in Batavia after previously being banned from the property with the intention to shoplift and of stealing merchandise on Oct. 8 at 10:07 a.m. He was arraigned in Town of Batavia Court and ordered to return on Oct. 26.

Matthew Jacob Zon, 41 of East Main Street, Byron, is charged with criminal contempt 1st.  Zon is accused of violating a full stay-away order of protection on Oct. 9 at 6:18 p.m. at a location on East Main Street, Byron.

Christina M. Sanchez-Anderson, 34, of Bergen, is charged with obstruction of governmental administration 2nd. Sanchez-Anderson is accused of leading police officers on a brief foot pursuit after being stopped on warrants on Oct. 4 at 3:36 p.m. on Main Street, Batavia. Sanchez-Anderson was released on an appearance ticket and held at the Genesee County Jail on her warrants.

Tammy L. Cicatello, 52, of Batavia, is charged with driving while ability impaired by drugs and uninspected motor vehicle. Cicatello was arrested on Oct. 1. She was stopped by a Batavia city patrol officer on July 30 at 5:34 p.m. on Mix Place, Batavia. She allegedly failed a field sobriety test. She was released on appearance tickets.

Marcia R. Goodenbery, 70, of Batavia, is accused of DWI and driving with a BAC of .08 or greater. Goodenbery was stopped on Sept. 28 at 7:57 p.m. on Court Street, Batavia, by a Batavia city patrol officer. She was allegedly observed appearing intoxicated at a local business and returning to her vehicle. She was issued an appearance ticket.

James Di Lullo is a facts man, which may answer why he did so well in Scholastic Bowl before graduating from Batavia High School in 2007.

As for his more recent ventures with film-making and acting, facts have also come into play. With some experience, schooling, research and tenacity, plus assistance from family members and his girlfriend, the 33-year-old Western New York native cobbled together a production to be premiered in Buffalo this weekend.

“Goldenrod” is a short film conceived and produced at DiLullo’s family farm in Cattaraugus County. As the name implies, scenery is lush with mustard-colored goldenrod and foliage, with a glass-like lake nearby the circa 1852 homestead.

“So I was sitting on the deck of a big beautiful, plantation-style, almost farmhouse, looking out over the lake in September, and beautiful fields, and determined that this was the perfect place for me to write about, for me to create a story that could be completely produced and shot on that location,” he said during an interview Wednesday with The Batavian. “And involve local history and entertainment to combine all the three things you need for a great film, which was story, place and time.”

He had the place. And with research and garnering those facts about the geography, DiLullo wrote a story about a modest farming family and how it was affected during the Civil War. His original draft was twice as long and larger, which was cut down to just over 18 minutes and seven characters.

Given the era of the film, fashions are simple — think “Little House on the Prairie” — which features 7-year-old lead character Clara Payne in a simple white dressing gown and bare feet that seem to enjoy running through long blades of grass. The image fits her on-screen personality, that of a kid who isn’t interested in the seriousness of life when there are flowers to pick and water for dipping her toes in.

Clara eventually discovers the answer to the movie’s question “how do you love?” after suffering a family loss and filling in the void with mature compassion. Trust is also a key component in the message, DiLullo said.

“It teaches how we can learn to trust each other, who do you trust and why?” he said. “What I learned the most was how I could trust other people, that was a big step.”

Backing up to high school, the versatile DiLullo took a hiatus to play professional soccer in Finland for one day shy of a year before eventually graduating, he said. He went to Brockport State College for international business and economics, with an intent to pursue the supply chain field. He landed at Microsoft in the marketing department and “I really saw the power of marketing,” he said, in connection with product endorsements on movie sets. Think that can of Coca-Cola is there by mistake? Of course not, he said.

After repeatedly being asked if he was an actor, he got an offer and accepted to try it out. He especially appreciates the movie business and how a set contains every skill, from the creativity of writers and actors to the administrative skill of accountants, and other needs for plumbers, electricians, daycare, and even psychology fields, he said.

He portrayed a character on a website production and took a 20-week writer's boot camp course to hone his skills before “Goldenrod” flashed into his mind in September 2018. Knowing the questions to ask himself, DiLullo pondered the compelling aspects of rural New York. That took him to the Underground Railroad, which pulls the story, place and time together.

Family members Cecelia “Chee” Lullo was the wardrobe designer; Michal K. Lullo served as production assistant, and Joseph Lullo was transportation supervisor.

James was born a Lullo but took the family name DiLullo that was used in the family until 1952, he said.

Others involved with the production include Dr. Mary Reid Gaudio, producer and music producer, composer and performer;  Richard Jacobs, producer.

DiLullo reached out to his hometown roots for assistance and inspiration. “Goldenrod” is in memoriam of former Genesee Community College music professor and composer Ann Reid, and was also influenced by retired teacher, historian, and author Anne Marie Starowitz of Batavia, DiLullo said. Select costumes were provided by Main Street 56 Theater and T-Shirts Etc. was involved as a vendor.

Directed by Marjorie DeHey, the film features a cast and crew from across the nation and New York State, he said. It is “considered a favorite for awards and recognition, and will focus on being official selections at NYS-based film festivals including Buffalo, Syracuse, and Cortland.

Top photo by Howard Owens.

James DiLullo and the cast and crew of Goldenrod. Submitted photo.

Production photo from Goldenrod. Submitted photo.

 

Press release:

The City of Batavia announces the appointment of Joshua Graham to the position of Fire Chief for the City of Batavia.  Graham was selected following an extensive search for candidates and active recruitment campaign.  The new Chief will assume his role on Monday, October 31^st, 2022.

A Western New York native, Graham holds a Bachelor’s Degree in Fire and Emergency Management from Purdue Global University, an Associate’s Degree in Fire Science, and an Associate’s Degree in Strategic Operation Management from the Community College of the Air Force. He has completed numerous trainings and certifications related to fire safety, management, and leadership.  He is currently serving as Captain in the Fire Department with the Department of Defense at the Niagara Falls Air Reserve Station.

Graham has worked as a professional paid fire fighter and volunteer fire fighter throughout his career.  Graham has served on Active-Duty Air Force, New York Air National Guard and he recently retired from the United State Air Force Reserves as a Senior Master Sergeant, where he filled the role of Deputy Fire Chief. He has volunteer experience with the Darien Fire Department and the Arcade Fire Department.  He also serves as a New York State Fire Instructor with the Office of Fire Prevention and Control. 

“I am excited for Josh to take on the leadership role of Chief of the Fire Department.  His record, dedication, and leadership ability made him the right fit for this position in the City.  Josh highlighted his preference to work in a team atmosphere and that made him the best candidate for this position,” said Rachael Tabelski, City Manager. 

“I am very excited to start in the position of Fire Chief for the City of Batavia. The Fire Department has done a fantastic job of upholding a high level of standard and professionalism for the community they serve, and I look forward to continuing that level of service for many years to come”, said Josh.

Josh, a graduate of Pembroke Jr./Sr. High School, lives with his wife Carrie and son Jaxon in Arcade. He will be relocating for the position.

Daniel Goodell

Daniel Lee Goodell, 41, of South Volutia Street, Wichita, Kan., is charged with sex abuse 1st. Goodell was arrested by the Sherriff's Office on a warrant in Kansas and returned to New York. He is accused of sexually abusing children less than 11 years old in 2009 and 2010 in Alexander.  He was arraigned in Town of Alexander Court and ordered held without bail. Goodell was also arrested by State Police and charged with 12 counts of Sexual Abuse 1st, 12 counts of endangering the welfare of a child, and one count of sexual conduct with a child. The State Police alleged that between 2019 and 2021, Goodell abused children less than 14 years old on multiple occasions. Goodell moved from New York before the criminal investigation was opened, according to State Police. Goodell was extradited from Kansas on Sept. 30.  On the State Police charges, he was arraigned in Town of Alexander Court and ordered held on $30,000 bail or $60,000 bond.

Delonta R. Curry, 21, of Batavia, is charged with criminal possession of a weapon on school grounds and criminal possession of a weapon. Curry is accused of possessing a weapon on school grounds on Feb. 13 at 8:26 p.m. on Washington Avenue. He was arrested on a warrant on Sept. 24, arraigned in City Court, and ordered held on bail.

Shawn R. Wisniewski, 33, of Medina, is charged with petit larceny. Wisniewski is accused of stealing from a business on Jackson Street on Sept. 20 at 10:36 a.m. He was released on an appearance ticket.

Chazmar T. Walters, 29, of Le Roy, was arrested on a warrant on Aug. 15. The nature of the warrant was not released. Walters was released and ordered to appear in City Court at a later date.

Daniel T. Henning, 42, of Batavia, is charged with criminal possession of stolen property 5th. Henning is accused of possessing stolen property while on Veterans Memorial Drive, Batavia, on March 28 at 2:55 p.m. He was arraigned in Town of Batavia Court and released on his own recognizance.

Jolene Y. Stevens, 33, no permanent address, is charged with failure to appear. Stevens was arrested on multiple warrants. She was arraigned in City Court and ordered held on $500 bail, $1,000 bond, or $5,000 partially secured bond.

Phillip P. Heale, 44, of Batavia, is charged with criminal trespass 3rd. Heale is accused of being on property he was previously banned from being on. He was released on an appearance ticket.

Evan F. Maynard, 21, of Batavia, is charged with assault 3rd. Maynard is accused of being involved in a disturbance on Sept. 24 at 8:24 p.m. at a location on East Main Street, Batavia. He was issued an appearance ticket.

Justin T. Calmes, 44, of Batavia, is charged with criminal contempt 2nd. Calmes is accused of violating an order of protection on Aug. 29 at midnight. He was released on an appearance ticket.

Jennifer L. Cudney, 41, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and operating a vehicle with a suspended registration. Cudney was stopped on Sept. 18 at 7:31 p.m. on Bank Street by a Batavia patrol officer. She was released on an appearance ticket.

Jason H. Freeman, 41, of Batavia, is charged with petit larceny. Freeman is accused of stealing beer from a business on Jackson Street on Sept. 18 at 9 a.m. He was issued an appearance ticket.

Jeffrey A. Hewitt, 43 of Le Roy, is charged with driving while ability impaired by drugs, failure to properly signal, driver's view obstructed, unlicensed driver, and aggravated unlicensed operation 1st. Hewitt was stopped by a Batavia patrol office on Sept. 25 at 10:37 a.m. on Summit Street. He was issued an appearance ticket.

Laura B. Beatty, 44, of Batavia, is charged with unlawful dealing with a child 1st. Beatty is accused of providing alcohol to a juvenile at her residence on Oak Street on Sept. 24 at 10:05 p.m. She was issued an appearance ticket.

Brian M. Raphael, 34, of Batavia, and Michelle L. Misiak, 57, of Batavia are charged with petit larceny. Raphael and Misiak are accused of stealing groceries on Sept. 27 from a store on East Main Street, Batavia. Both were issued appearance tickets.

Karrie A. Morrow, 39, of Batavia, was arrested on two bench warrants. The nature of the warrants was not released. She was released under supervision. Morrow was also arrested by State Police on a petit larceny charge. Morrow is accused of stealing merchandise valued at $17.98 from 48 Express Deli on Park Road on Sept. 29. She was issued an appearance ticket.

Renee Lynn Coughlin, 32, of Park Avenue, Oakfield, is charged with falsely reporting an incident 3rd.  Coughlin is accused of falling reporting an incident to police on Sept. 21 at 7:30 p.m. on Park Avenue in Oakfield. She was issued an appearance ticket.

Jamie Lee Broadbent, 39, of Federal Drive, Batavia, is charged with petit larceny. Broadbent is accused of entering an unsecured storage room and a vacant room at a hotel at 4371 Federal Drive, Batavia, and stealing items belonging to the hotel. He was released on an appearance ticket.

Hunter Joseph Stetz, 19, of Zimmerman Road, Hamburg, is charged with possession of a forged instrument. Stetz is accused of being in possession of a forged NYS driver's license on Aug. 25 at 8:15 p.m. while at Darien Lake. He was issued an appearance ticket.

Dale W. Gress, 54, of Elba, is charged with DWI and driving with a BAC of .08 or greater. Gress was stopped by State Police on Oct. 5 at 12:13 a.m. in the Town of Batavia. He was issued an appearance ticket.

A best-case scenario for the resurrected Wings Over Batavia air show is that a profit would be made, but Tim Hens will settle for a bit less.

“I would like it to be a break even,” the county highway superintendent and air show committee liaison said to county legislators Wednesday.

As promised last month, Hens returned to the hot seat and reported an estimated county expense for the event.

“Our best guess is around $12,705,” he said.

That total would be for county Sheriff’s Office deputies and Emergency Management Services staff to provide security, traffic and crowd control. The breakdown was estimated to be $5,400 for offsite traffic control; $2,055 for EMS presence; and $5,250 for pre-show preparations by highway and facilities maintenance staff.

Aside from whatever the show itself may take in from the admission price, Hens and the committee are hopeful that all of that traffic will eventually leave the airport on Saile Drive and go shopping, eating and/or taking in some local entertainment.

The county will also see increased sales tax because of the air show and related Wing Ding event held within the City of Batavia,” Hens said.

An estimated increase in sales tax proceeds during the three-day event would be from $20,000 to $40,000, he said.

“There actually would be no increased costs on our insurance policy, which was surprising to me,” he said. “We asked them to look at the airshow, there was a skydiving event as part of the history. And pyrotechnic fireworks are part of the event. There was no actual added costs, which was good news to hear.”

Ways & Means legislative members generally agreed to move forward with the event request, however, the approval of legislators Gary Maha and Chairwoman Shelley Stein included a caveat.

"So I would move this for approval in a second," Stein said. "At the same time, I don't want this to cost the county over that $40,000, you know, I would very much like it to break even with our sales tax because I think it's going to be a great opportunity to bring this back to Batavia.

“But I think, as Gary said, we just don't want to sign a blank check," she said. "I absolutely want to be supportive of this.”

Legislators emphasized that the county was not sponsoring this event, but lending its support via a resolution and the potential costs of labor mentioned above. Wings Over Batavia LLC is forming a non-profit entity and will be the group responsible for the air show.

The request will move on to the whole Genesee County Legislature for a vote later this month.

If given final approval, the air show is tentatively scheduled for mid-September 2023. 

To view a prior Wings Over Batavia air show, check out this Youtube.com video made in 1997 by EFP Network. This was one year before the last air show took place.

Top Photo of Tim Hens from social media. 2022 File Photo of Genesee County Legislature Chairwoman Shelley Stein. Photo by Joanne Beck.

Management of Western Regional Off-Track Betting Corp., in an effort to provide transparency in the wake of challenges to its policies and procedures, presided over a three-hour session with chief financial officers from seven of its 17 member municipalities this afternoon at the Park Road facility’s board room.

The public benefit company has been hounded in recent months by an audit from the New York State Comptroller’s Office, by charges of fiscal irresponsibility by a disgraced former state senator and, most recently, by a series of letters sent by Erie County Comptroller Kevin Hardwick seeking answers to questions concerning the following issues:

• The sale of the Hotel at Batavia Downs (dated July 15);
• Benefits (specifically ‘gold-plated’ health insurance) received by board members (July 18);
• The use of external legal counsel (Aug. 1);
• The retention of outside lobbyists (Aug. 8);
• The possible misuse of promotional and marketing materials (Aug. 24).

WROTB President/Chief Executive Officer Henry Wojtaszek, speaking by telephone this evening, said he “appreciated that Hardwick was trying to get information” and added that the meeting ultimately will strengthen the corporation’s relationship with the municipalities.

“Overall, I think the meeting went extremely well and was productive for all involved,” Wojtaszek said. “Our goal is to be transparent, so we were happy to provide them with good, positive economic news that is resulting in record revenues to various counties this year.”

Corporation officials who made presentations at the session, along with Wojtaszek, were Chief Financial Officer Jacquelyne Leach, Compliance Consultant Paul Moskal, Marketing Director Ryan Hasenauer and David Hart of Hart Hotels, which operates the hotel.

Genesee County Treasurer Scott German said he attended the meeting to learn more about WROTB’s methods.

“They started off by essentially going over the financials – the financials of horse racing and then the casino,” German said. “Then they gave each individual county that showed up our own sheet based on our financial information (such as revenues and surcharge issued to the municipalities).”

German said WROTB officials addressed the health insurance for directors, use of promotional tickets and use of company vehicles – “stuff that has been rehashed on TV for a couple of years now.”

“From what I heard, and this is coming from the side of OTB, their explanations were adequate, I guess. They made sense,” he said. “They explained how and why they give out tickets. For example, when they gave away tickets to see Garth Brooks in concert, they said they saw a dramatic increase in bets and profitability on those two particular days. It brought people in.”

German said that most of the questions came from Hardwick and Erie County Deputy Comptroller Timothy Callan with a few posed by Oswego County Treasurer Kevin Gardner.

Wojtaszek said Hart explained that the $7.5 million paid by WROTB to purchase the hotel from its original investors (ADK Hospitality) was warranted. 

“David showed them that the price paid was fair based on the appraisal that was done and the numbers that we have been able to sustain at the hotel,” Wojtaszek said. “And revenues continue to increase.”

On the health insurance subject, Wojtaszek said the board of directors will be addressing that issue in the coming weeks with the goal of establishing “a comprehensive way to provide coverage for all of our employees.”

He also said that Moskal conducted an audit on the corporation's practices, made suggestions "and we are following those suggestions."

Wojtaszek noted that he will be continuing the dialogue with Hardwick’s office and will provide additional documents that Hardwick requested. He said that all 15 member counties plus the cities of Rochester and Buffalo were invited to today's meeting.

The letters sent by Hardwick to WROTB can be viewed by going to the Erie County Comptroller’s Office website – www4.erie.gov/comptroller/.

Voting in Genesee County — two primaries this summer, plus future races for governor and president — has become more of a problem for the Board of Elections, Dick Siebert says.

Not only have workers been more scarce, but voters don’t seem to be filling the extra voting days required by the state.

“We've had two primaries, which we didn't anticipate. We had the June primary. And then we had the August primary. The turnout was extremely bad. And what we've talked about before, that's always concerning to us,” Siebert, the Republican Party representative as Board of Elections commissioner, said during Wednesday’s Ways & Means meeting. “And it disturbs both of us that there's always talk about extending early voting. Like Lorie and I have always said in other counties … we don't need more than nine days, it's more than sufficient. When you're running, you know, 10 voters a day for how many hours? It's disturbing because there's an expense to it. But we have no control over it. It is what it is. It is what we have to live with.”

The June Primary had a Democratic turnout of 12 percent, or 1,072 votes, with the Republican turnout at 17 percent, or 2,892 votes, he said. August's Primary tallied 2,358 votes for 14 percent of the eligible Republican voters. That pales to the 17,000 registered Republicans and 9,000 registered Democrats that could cast a vote. 

With the upcoming local, state and national elections, it is destined “to be a busy year for us,” he said. And given that “workers are walking away from us,” it has been an ongoing challenge to shore up staffing gaps.

Board of Elections staff has been discussing ways to entice workers — breaking up a day into shifts to avoid the long hours of 5:30 a.m. to 9:30 p.m., and promoting the job as a way to earn extra holiday money, he and the Democratic Board of Elections Commissioner Lorie Longhany said.

“We recruited eight people from those efforts,” she said. “It seems like a post-COVID phenomenon; we have people commit, and then they call and uncommit, or they don’t show up, which is a real hardship on us.”

Both major parties have been working to get the word out, they said, about the need for elections staff. Legislators asked questions about the criteria for employment. Anyone 17 and older who is a Genesee County resident and pre-registered for one of the two parties of Republican or Democrat may be qualified for the job. They just need to keep focused on the task at hand, Longhany said.

“We can’t have people disrupting a poll site. It’s not politics; it’s about a fair election,” she said, as Seibert added that “everyone that wants to vote gets a vote.”

How does the county update its list of voters? Staff monitors the list and removes those who notify the board office that they have moved, and they also review a “move list,” Longhany said. Much of that is dependent on the voter, who has responsibility for notifying the board office and registering in the new county of residence, she said. As for people who have died, “every single morning, staff go through the obituaries,” she said.

“People in this county are very fortunate; it’s very well run,” Legislator Marianne Clattenburg said.

Seibert recommended that Longhany, who lives in Le Roy, be appointed as commissioner again next year. Her term, if approved by the whole Legislature, will run from Jan. 1, 2023 to Dec. 31, 2026.

Committee members voted to forward the proposal.

Photo: Dick Siebert, Republican representative as Board of Elections commissioner, gives county legislators a department review, and recommends Lorie Longhany, Democratic representative as board commissioner, for the next three-year term.  Photo by Joanne Beck.

A tradition that started at the former Batavia Club at 201 East Main St. more than 80 years ago continues with longtime Batavia entrepreneur Ben Mancuso Jr. – who is 89 years young today – leading the way.

Mancuso, former Genesee County Family Court Judge Charles Graney, former bank executive Ned Chatt and former school superintendent Robert Smith meet every Wednesday morning at 11 a.m. from May through December to play bridge. The venue these days is T.F. Brown’s Family Restaurant at 214 East Main St., an establishment owned by Mancuso’s son, Rick.

“We’re not sure exactly when it (the bridge club) started but at least back into the 1930s, and probably before that,” Chatt said.

The Batavia Club was founded in 1887 and served as a social gathering place until 2000, when it was sold to Genesee-Orleans Regional Arts Council for $1.

Chatt and Graney rattled off four names of those who were bridge club fixtures in the early days – Bill Dipson, Steve Hughes, Harry Lown and Van Richards.

When asked if they play for fun, Chatt quickly replied, “We have fun, sure, but there’s more to it than that.”

Today’s competition – the quartet rotates partners and adds up individual points – was marked by a surprise birthday party for Mancuso, who said he celebrated last night as well when Aaron Judge of the New York Yankees hit his American League-record 62^nd home run in Texas.

“That was just super,” said Mancuso, a lifelong Yankees’ fan who used to welcome members of the Bronx Bombers to Batavia in his role as chairman of the annual Notre Dame Sports Night.

Photo: From left, Robert Smith, Ben Mancuso Jr., Charles Graney and Ned Chatt at T.F. Brown's today. Photo by Mike Pettinella.

Federal prosecutors have an interest in a North Carolina man who was arrested March 19 in Le Roy after allegedly being found in possession of an AR-15 rifle in violation of the SAFE Act.

Michael Alan Jones, 24, of Raleigh, has been charged in U.S. District Court in Western New York with possession of a firearm and ammunition as a convicted felon, and has reportedly reached a plea deal with federal prosecutors.

The FBI's interest in Jones may have more to do with his alleged participation in the Jan. 6 attempted insurrection in Washington, D.C.

The online news site RAW Story links Jones to two extremist groups, the Proud Boys and Patriot Front, and places Jones in the Capitol on Jan. 6.

At 4:36 p.m. March 19, deputies Kenneth Quackenbush and Nicholas Charmoun stopped a gray Nissan Sentra driven by Jones for an alleged traffic violation. Upon approaching the vehicle, the deputies observed several knives, military surplus gear, and two compound bows inside the vehicle, according to a Federal affidavit by an FBI agent. 

 The affidavit says a passenger in the car was identified only as PK.  The deputies reportedly observed a backpack on the passenger-side floorboard with bolt cutters protruding from the pocket.

Upon searching the vehicle, the deputies located pry bars, bolt cutters, and gloves, which, the affidavit states, the deputies believed to be consistent with burglary tools. They also found pepper spray and ammunition. 

When asked about the ammunition, according to the affidavit, both Jones and PK claimed ownership.  

Jones later said he owned everything in the vehicle except the backpack, and that the ammunition was "someone else's."

The agent wrote, "GSCO deputies asked JONES if there was a firearm inside the vehicle. JONES responded, 'There shouldn't be.'"

Deputies determined that the plate on the vehicle didn't match the vehicle, and the plate was removed from the vehicle and the vehicle was towed from the scene.

A subsequent inventory search uncovered, according to the report, military surplus gear, Beofang handheld radios, additional knives, and the "Army Tactical Combat Casualty Care Handbook."

Deputies also located in the trunk a Palmetto State Armory AR-15 rifle, bearing serial number 5CD729076, and a 30-round Magpul PMAG magazine was found in the trunk of the vehicle.

The agent says that Jones told deputies that he purchased the firearm a "long time ago," but never fired it. He allegedly said he brought the rifle from North Carolina to New York.

The agent said that on April 19, the FBI interviewed a person in North Carolina who had worked with Jones at a Cracker Barrel in Mebane, N.C., and that this former co-worker, HN in the report, said initially that he didn't recognize the rifle but that he had purchased it for Jones. He said he purchased it through the Palmetto State Armory website and used PayPal to complete the purchase.

The rifle violated the state's SAFE Act because the rifle was equipped with a flash hider, capable of accepting a removable magazine without a pinned magazine release, and was equipped with a telescopic stock. 

Jones' prior felony conviction in North Carolina, referred to in the Federal charging documents as "a crime against nature," involves Jones, at 18 and 19, having sex with minors, aged 14 and 15. He was arrested on charges.

According to sources, Jones has no known ties to Genesee County. It's unknown why Jones and PK, who is from the Finger Lakes region, were in Genesee County when deputies spotted the Sentra reportedly making an illegal turn in the area of Route 33 in Le Roy.

Locally, Jones was initially charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, and driving an unregistered vehicle on a highway. 

Jones, according to the arrest report, served in the U.S. Army.  The report states he wasn't employed at the time of his arrest and his highest education level was high school.

District Attorney Kevin Finnell said the local case was dropped after Jones was charged Federally because of a defendant's Constitutional protection against double jeopardy. 

Sheriff William Sheron praised the effort of Quackenbush and Charmoun in apprehending Jones.  

"This was another example of good police work," Sheron said. "Looking beyond the traffic ticket."

He kind of hates to admit it, but the doom of COVID for most businesses was actually a boon for Empire Hemp Company, Chris Van Dusen says.

“Back then we had hired some employees, and we had COVID hit. So we did a walk-up window for COVID. And it was taking off. So we decided, to survive here we were going to open a store,” said Van Dusen, company founder and CEO. “So we had to let the guys go. And that's how we opened the store. So the store really took off … it was just the two of us doing everything.”

His other half, wife Shelly Wolanske, has been as fully immersed in the business as he has, first with a site on Swan Street in 2019, and a downtown store in April 2020. Van Dusen recently heard of a convenience store about to open with plans for selling cannabis products, and he wanted to clarify how one becomes a legal entity in the ever-growing field of cannabis establishments.

It’s not as easy as hanging up a sign, he said.

First, there’s an official Office of Cannabis Management that operates through the New York State Department of Labor. It regulates everything. That means applications, certifications, inspections, and many administrative hoops to jump through in order to be above board, he and Shelly said.

According to cannabis.ny.gov, the Office of Cannabis Management (OCM) is charged with issuing licenses for businesses to participate in New York’s adult-use, medical, and cannabinoid hemp industries. The OCM is developing regulations that will outline how a person or business can apply for and receive a license in the new adult-use cannabis industry.

The OCM will promote social and economic equity for applicants who have been harmed by the prohibition of cannabis for adult-use licenses, establishing a goal of awarding 50 percent of licenses to social and economic equity applicants, the site states.

Due to the nature of cannabis — more loosely known as marijuana, pot, weed — it has been tough going with those hoops, especially with banks and credit card companies that want no part of the business, Van Dusen said. That has made it tough to get loans and revert to a cash-only operation for sales, they said. And at the opposite end, there are the certified growers.

“We currently are working with, right around 20 growers right now. So we need this. They're calling us every day ever since we got the conditional licensing process, we're on the list,” he said. “There's people who know what they're doing. There's people who don't know what they're doing. So we need to secure our supply in the supply chain to make sure that we can get products to the dispensaries when they are ready to open at the end of the year.”

What? Empire Hemp is not a dispensary? Nope. It is the top-tier guy who does all of those applications to be able to buy, process and then dispense products. The store carries CBD products, made by the extraction of oil from the cannabis plants. As for straight-up cannabis, that will get shipped to a certified dispensary for retail sale.

That extract was priced at $4,500 a kilo in September 2019, and dropped to $500 a kilo by November of that year, he said.

“So our whole business model just went, and then the price just dropped because the supply became so huge because the whole country was doing it,” he said.

“COVID actually was a blessing for us. We would be out of business, because it got us through with those PPP loans to bridge that gap because that's when we said we're either gonna go out of business or we need to open a store, because we need cash, we need to get it; our online sales have dropped dramatically” he said. “We were doing really well. But because of the credit card processing getting canceled… all of our ranking on Google dropped and we've never been able to recover.”

They built the store at 204 East Main St., Batavia, on a “shoestring budget,” and said it’s been well received so far. There are at least 50 different types of CBD oils, lotions, balms and scrubs that have garnered loyal customers with praise for the pain-relief properties, Wolankse said.

So anyone can sell these products? No.

“We have a CBD retail license, and we have a manufacturing processing license so we can sell them. There's a lot of people that carry CBD products and they don't have a retail license. I don't even know if they know they need a retail license,” Wolanske said.

Merchants that are selling cannabis products without the proper license are not registered with the state, and therefore most likely bypassing sales tax payments. The state will be cracking down on these entities to ensure that only law-abiding — and tax-paying — businesses are operating, he said.

What type of licensing do you have?

"Okay, so the first one we got was a retail license for CBD, but that one is for the adult-use cannabis. We got the adult-use cannabis processing and manufacturing license, and then there's the adult use cultivation license," he said. "So we are now a recreational marijuana cultivator as well as processor so we can grow, process, manufacture, and distribute,” Van Dusen said.

Everyone, from the growers to the Empire Hemp facilities, must be inspected for proper documentation, cleanliness, packaging, and hygiene practices, he said. Empire Hemp’s wholesale license allows them to sell products to “the dispensaries when they open up the legal ones,” he said.

He is waiting for more than 800 dispensary applicants to be reviewed and chosen by the state for the first legal dispensary license. Once selected, those applicants will get a choice of a few locations to set up shop. They won’t be able to dictate where their dispensary will be, he said.

For example, an applicant in Erie County may have a choice of being in Batavia or Brockport, but not necessarily in his/her hometown location. The upside is that the designated site will be a turnkey operation, ready to open for business, Van Dusen said.

Working the steps

The state took steps to first license growers, then the processors and manufacturers, and now the final point of retail sale — dispensaries. He, his wife and his silent partner cannot turn their store into a dispensary, since they are the processor, manufacturer and distributor. But they can have someone else come in and, as a legally chosen dispensary, sell cannabis products in the future, he said.

But what about all of these small shops selling cannabis, usually under the guise of selling a sticker or T-shirt that includes up to 1/8 of an ounce of marijuana?

They’re not legal, Van Dusen said. They haven’t jumped through the hoops of applications, certifications and inspections of the product and sales site. Furthermore, the state has not even selected and announced the legal ones yet.

His frustration is not just sour grapes that others are opening more quickly and with less expense, he said, but also about taking the proper steps to sell a safe, quality product as Empire Hemp has done these last three years.

“And consistent products, you know you're getting the same product each time, you're getting a safe product,” he said. “And the growers, before we even get their cannabis, they've got to go through a line of testing. You want to make sure that their cannabis is secure. We can’t even receive it unless it has passed.”

“It's like when I see that it's really upsetting because we've played by the rules, we do everything we're supposed to do to be complicit and compliant with the law, and then these guys just come in and open up the stores like they're gonna make tons of money,” Van Dusen said. “I think it's had an impact on our retail store.”

“So people are trying to do it the right way, they're trying to follow what New York State has laid out. And then you have this whole other group of people that are just doing like this wild, wild west, and they're just doing whatever they want to … I mean, the milligrams in some of these products. I'm surprised these people aren't in the hospital,” he said.

State cannabis law requires that individual packages contain a maximum amount of product, such as 100 milligrams per package. Some stores are selling 500-milligram packages since they’re not inspected, he said.

“These are messing people up, like people don't know what they're getting into,” he said.

Another issue is the packaging, he said. There are packages out there that are clear, which allows UV rays in that can alter the product, versus Empire Hemp’s opaque packaging with nitrogen injected inside to keep the product fresh — for more than a year, he said.

As for smoke shops on the nearby Reservation, those business owners don’t have to legally abide by the same protocols as other New York State owners have to, similar to the sale of tobacco and gasoline products.

Van Dusen said that selling cannabis is not much different than alcohol. Both are legal in the state, however, you can’t just go and open up a shop to sell alcohol. Same with cannabis. And he wants the public to be aware of illegal operations. He visited a shop in Batavia and bought a package of cannabis quite easily, he said. However, he doesn't know where the product was grown and how it was processed, packaged and distributed. It did only contain 1/8 of an ounce. 

“The products that you buy at these illicit smoke shops that are selling what they think is ‘legal cannabis,’ are not,” he said. “Legal dispensaries will be opening by the end of the year, and keep your eye out for Empire Hemp products.”

Top Photo: Chris Van Dusen and wife Shelly Wolanske, owners of Empire Hemp Company in Batavia, talk about the legal requirements for being officially involved in the cannabis industry; Chris shows a package of product he bought locally from what he believes is an illegal dispensary, since the state has not announced the chosen applicants yet. Photos by Joanne Beck.

Wesley Thigpen

A man already in prison for child sex abuse will have more time to consider a plea offer on the latest charge he's facing following a court appearance in Genesee County on Monday.

Wesley G. Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

A month ago, County Court Judge Melissa Lightcap Cianfrini rejected a previous guilty plea, entered by Thigpen in May, which would have capped Thigpen's sentence at 13 years.  Members of local law enforcement and the victim's family objected to that prior plea deal.

After reading the Probation Department's pre-sentence investigation report, and considering the letters she received, Cianfrini said the agreed-upon terms of the plea deal were "woefully inadequate."

Thigpen is already in prison on a guilty plea in September 2019. That plea to child sex abuse capped his prison term at four years.

On Monday, he asked for a new attorney, a motion that Cianfrini denied.

He is scheduled to appear in court again at 3:30 p.m. Oct. 24.

 

 

 

It’s countdown time for Genesee County’s Office For the Aging, Director Diana Fox says.

She estimates that the last of the Baby Boomers will be turning 65 by 2030, and that will mean more seniors to serve.

“So we're within seven years now, it’s just about here with all those boomers hitting 65. So now, more than ever, I would say ongoing in terms of the services that we have, they're just so important,” Fox said Monday during her annual report to the Human Services Committee. “You know, our OFA started here in Genesee County in 1974. But they're 50 years of service across the nation. So that's really kind of cool. And we all do a lot of the same kinds of things but we’re unique to our own communities. For the most part, we're all doing home delivered meals, we do the insurance counseling, we do legal services, in-home care, caregiver supports, things like that.”

Projections of an aging population on the rise put ages 60 and older at around 16,000 people in the county, to increase to nearly 20,000 by 2035, and ages 65 and older at a close second with some 16,000 to 17,000 by that same time period. Those age groups are prime candidates for OFA services and Medicare.

Fox gets frustrated to see flyers posted that promote misleading information. Her staff visits vendor fairs quarterly to try and educate older folks and guide them toward what may be the best insurance option for them, Fox said.

“So after they've met individually, or come to a group, rather, for Medicare one on one, and get some basic information, then they can be right there in a space with all the vendors at one spot, they can make appointments individually with our staff so that they're getting the right plan for them,” she said. “And we do this every single year because of open enrollment. So there's no pressure, we don't have any skin in the game, in terms of what they choose. And you know, there have been a couple of times when I've walked by my building, that I've had to take off flyers that people have just tacked up (that state) ‘call now we can save you money.’ So just a big shout out to my staff on that, because they are really well versed, and it's what they do.”

The caseload waitlist is close to last year’s at 11 more — 101 versus 90 last year — as people wait for caregiver support for an older loved one, she said, though there are no wait lists for meal deliveries, which are at about 165 active cases right now.

Arc GLOW prepares the meals, and that fee was raised 15 percent this year, “which I actually think is not bad at all,” Fox said. In the past, prices rose only 1 percent a year, so it was understandable for the larger leap this year, she said.

“And between the cost of food, minimum wage had gone up during that time, gas … I would not be surprised if it goes up again next year at some point, I don't know what that will look like,” she said. “In terms of next year, we'll be opening up another one of the congregate group meal sites, opening that backup, and we'll most likely be adding a third day at our Batavia site … so that'll increase the number of meals that we're asking for as well. They're able to do that for congregate without an issue.”

There’s not enough staff to add to the meal delivery sites, she said, but they do try to ensure that current recipients are taken care of even in times of bad weather. Called an “emergency meal,” those are delivered to recipients at some point before the weather is predicted to get nasty so that there will be extra food in their homes for when drivers can’t get out to them, she said.

“The staff has never missed a beat, they have worked so hard to make sure nothing fell through the cracks,” she said of changes in personnel, retirements, promotions, health and family issues. “The other thing I will say with that is that the majority or half, eight people, are now having to take their civil service exams. They've been there, some of them since 2018. And I can lose everyone. So it's interesting, we have a combination of things.”

Legislator Shelley Stein asked where the safe zone was, in terms of those between retirements and new staff. What happens if all of the potential retirees leave?

“That’s a really good question,” Fox said. “Because you just hope everybody doesn't go all at once. And these are estimates. I mean, we don't really know for sure … that would be tough.”

It’s not an uncommon melody, Legislator Gordon Dibble said.

“You realize you sound just like so many other employers. Not just in government,” he said. "I mean, it's the same song. Everybody's singing the same song. Where's all the help?”

It’s a dilemma only to grow more intense, according to U.S. Census Data, which states in 2018, 16 percent — or 52 million — Americans were 65 or older. With an estimated 10,000 people turning 65 each day, by 2030, an estimated 73 million — or one in five Americans — will be 65 or older, a full 20 percent of the population.

“Four short years later, in 2034, older adults are expected to outnumber children under 18 for the first time in history. The aging population is also becoming more diverse, with the proportion of non-white older adults significantly increasing in the next several decades,” it states. “Among this rapidly growing and increasingly diverse demographic cohort, there is an overwhelming desire to age at home rather than in institutional settings.”

What will that mean in the not-too-distant future? Homecare aide availability is currently "critically low nationwide," Fox said, and demand will only rise with those increasing numbers of older Americans.

"We’re fortunate to have the state 'Unmet Needs' funds to come up with creative solutions to address the aide shortage, but it’s not going to solve the overall problem of those who truly need in-home aides to help with personal care, toileting, etc.," she said in her report. "Our state and federal associations continue to advocate for better direct care worker funding and career packaging in order to hopefully entice individuals into this workforce."

Once STAR ended its contract, Genesee County officials opted to fill in the gap by taking a STEP toward assisting at-risk youth.

Formerly the Student Transition And Recovery program, the county’s version will be similar, with the suggested name of Student Transition and Empowerment Program, which was outlined Monday by newly hired Social Services Department Commissioner Carla Mindler.

STAR had an ongoing contract for these services, and program leaders did not renew the contract, leaving a potential void that Social Services personnel was adamant to bypass. That will involve hiring full-time adolescent behavioral specialists I and II, and a full-time adolescent behavioral coordinator.

“As a behavioral specialist, one will be working directly with the at the at-risk youth in their homes and in their schools, mentoring, guiding them, assisting them, making sure that they're properly ready for school,” Mindler said to the county’s Human Services members in the Legislative Conference Room. “So we have money in the budget already this year for this work, we have an email out to the state to find out if we develop a program of our own, can we pay that under the same funding that we paid the STAR program … But with all the vacancies we've had this year, there's plenty of money in there to cover us for the rest of the year, unfortunately, because of the vacancies, but this will not affect the 2022 budget.”

There will be calisthenics in the morning and getting work done in the afternoon; a tutor, therapists and those behavioral specialists, if approved, she said. Staff will also have some administrative duties, including documented supervision of the specialist I if the coordinator is not present, and the coordinator would be responsible for complete oversight of the program.

Legislator John Deleo saw it as putting a youth back on track versus being derailed by the absence of such a hands-on program. There can be about 40 kids at any given time, Mindler said, with a total of close to 200 going through the program. The county would be employing many of the same people that ran STAR, which offers continuity for participants, Legislator Marianne Clattenburg said.

“It’s good for the children, good for the parents and good for us,” she said.

Clattenburg had asked how the program was categorized, and Mindler said it was a preventive program, within child welfare and prevention.

“I’m so happy you picked it up, it’s so valuable,” Clattenburg said.

Once the full county Legislature votes with an expected approval, the program will be submitted to the state for final approval and details about funding. Mindler was confident the program would soon be addressing at-risk youth.

“I think we’ll be up and running to a certain extent,” Mindler said.

Each county school district that wants to participate — and most have up to now — will pay a flat rate per student, signaling each district’s investment in at-risk behavioral work. Legislative Chairwoman Shelley Stein was impressed with what’s been done so far.

“You’ve done a lot of work guys,” she said.

The Human Services Committee voted to forward on the request for a salary amendment for the Social Services Department to add on the three positions, to be effective immediately upon Legislature approval.

Since the STAR contract no longer exists, the new position salaries will have no impact on the county’s budget, the resolution states. State and federal reimbursements are expected to be from 66 percent up to 100 percent as determined by case-specific eligibility.

Photo: Social Services Department Commissioner Carla Mindler reviews a program to replace STAR, which addressed behavioral issues of at-risk youth before ceasing its contract this year. Photo by Joanne Beck.

Saturday was not just the beginning of a new month, but also a ‘fresh’ start for a new restaurant venture inside of Eli Fish Brewing Company.

Her nearly two decades of cooking, more than three years of catering, and popping up at various summer events have propelled Dannielle Lumpkin into her own niche as Mama Dee’z Kitchen at 109 Main St., Batavia.

“We did a test run yesterday where we did a soft opening, and that went very, very well. Just learning the ins and outs, from catering to being a restaurant owner, is a big, big difference. But we've had a lot of support from our kitchen staff here, the head chef here, Sam has been very helpful. Matty has been very helpful with anything that I needed to know. And it's just a learning experience. I'm very excited for what the future holds for us,” Lumpkin said during her grand opening Saturday.

“So right before COVID we had started the process of looking for a building, and then COVID was here. A lot of it was really rough. And so once things started getting better, it was that time, I felt, for me to try to find something to open up with. Batavia doesn't really have a lot of diversity when it comes to options for food, and I wanted to be able to bring that to Batavia. So I think that this is going to be a staple in Batavia, because we can offer a different choice of food from different cultures.”

As friends and family poured into the back area where Mama Dee’z is located at Eli Fish, Lumpkin and her staff of family members pulled golden brown fried chicken from a pan to serve. Her specialties are jerk-laced meats, homemade sauces, Caribbean and soul food flavors, but with an expansive menu that also includes a shaved ribeye steak, mixed cheeses, peppers and onion wrapped in an egg roll wrapper appetizer, Caribbean alfredo pasta with chicken or shrimp, macaroni and cheese, sweet bread, and a chicken wing dinner.

The Batavia resident had her eye on Eli Fish some time ago, since it has already served successfully as incubator space for three others, including Eden Cafe & Bakeshop, Eat Well Grill and Matty’s Pizza. The incubator concept was first developed in the late 1950s at Harvester Center in Batavia, and has been a more recent venture for downtown. Lumpkin had to purchase her inventory of food and supplies, however, the kitchen was ready to go with equipment and appliances.

It would have been much more cost prohibitive for her to do it all on her own, entrepreneur and Eli Fish co-owner Matt Gray said.

“It's a second generation restaurant coming in, she's coming into the spot that Eden cafe was in, and successfully transferred over into downtown Ellicott Street and Liberty. So it's great to also offer the same space again to another entrepreneur/restauranteur to add to the business here. Because of the menu, diversity always helps,” Gray said.

“For a very, very small amount of money upfront, they're able to come in and really go after their dream, where normally would cost upwards of more than six figures, to buy your equipment and everything that you need to get stocked up. Here, it's really very minimal," he said. "And they're able to come in for a shorter period of time, work out what their business plan is, work out what kind of food they really want to serve, what their guests are looking for, and hopefully make that leap to another brick and mortar location on their own.”

Lumpkin has signed a deal for six months, and will be open the same hours as Eli Fish: 11 a.m. to 9 p.m. Monday through Thursday and 11 a.m. to 11 p.m. Friday and Saturday.

While preparing for the big day of ribbon-cutting and celebrating her dream come true, Lumpkin served her food to Eli Fish staff, which was “fantastic,” Gray said. It adds “another level of service” for the brewery, he said. And while the Lumpkin family, which includes husband Myron, continues to strengthen their business, Gray and other staff members are available for advice, suggestions and feedback.

“We work together as much as we can,” he said.

Business Improvement District Executive Director Shannon Maute and Chamber of  Commerce Interim Director Tom Turnbull were also on hand with congratulations and praise for adding another establishment downtown.

“This really evolved out of the Fresh Lab experiment they did a few years ago where we had a couple of successful restaurants come out of here … And this is just the next extension," Turnbull said. "I had a chance to meet with Dannielle and Myron, and the food looks fantastic. I can't wait to try it. It's something unique and I think that brings a different flavor, no pun intended, to downtown Batavia and Genesee County. It's great to see another restaurant open up. And it's such a great opportunity here to do it as an incubator restaurant where you don't have all the expenses of a full-blown restaurant, but you can learn, and under Matt Gray, take advantage of that.”

Maute has gotten to know Dannielle and has learned of her determination, energy and creative culinary skills. Not only has Dannielle now placed another restaurant on the downtown map, but she has joined BID committees and is “a great addition to BID,” Maute said.

“I’m just here to support Danny and her adventure … This is huge for BID, it is something so different. We've never had it before, and to have this quality of food and the style of food is going to do really well. Batavia really is changing, and this just goes with the times,” Maute said. “And now you can come downtown and get different food, and you're not getting the same cookie-cutter food. Eli Fish was one of the first people that did that with their different style of foods. So Mama Dee’z fits right in with the different style of foods. She's determined she's going to do well. I have no doubt that she's going to really do well here and then, eventually, we'll help her get into a brick and mortar.”

For prior coverage:

• Giving Italian Fest a little jerk  
• Eli Fish makes room for a little soul 

Top Photo: Dannielle Lumpkin, with husband Myron, and their family, celebrate the ribbon-cutting of Mama Dee'z Saturday inside Eli Fish Brewing Company at 109 Main St., Batavia; Dannielle gets ready to serve up some chicken; showing off the new Mama Dee'z logo. Photos by Joanne Beck.

Tarrence Williams

UPDATED at 3:43 p.m. with a quote from the police chief.

Batavia police officers have arrested a suspect in a shots-fired incident reported in the area of 200 Ellicott St. on Friday evening.

Tarrence Y. Williams, 22, of Batavia, has been charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor.

He was arraigned in City Court and jailed on $50,000 bail.

There has been no report of anybody injured as a result of gunshots in the area.

Chief Shawn Heubusch praised the actions of his officers.

"Officers responded quickly to this incident and were able to almost immediately identify a suspect," Heubusch said. "Working in conjunction with our partner agencies, the officers were able to bring a swift resolution to this incident and keep our community safe.  They are commended for their brave actions in the face of what was a very dangerous situation."

The incident began with a report of gunshots at about 6 p.m.  Witnesses reported seeing a male walking nervously with what appeared to be a gun on his person.

A man matching the description provided was spotted by Sgt. Dan Coffey walking on the Ellicott Trail a short distance from the incident location. When Coffey attempted to stop the individual for an interview, the man fled on foot and Coffey chased him from Evans Street to Court Street.

In the Court Street parking lot, the man discarded identifiable clothing and officers believed he discarded a firearm in the area.

Additional officers responded, including deputies and a trooper.

Williams was located and taken into custody and then officers, with the assistance of Batavia firefighters, searched the area, including the roofs of nearby buildings.

A short time later, a weapon was located under a bush next to the walkway between the Key Bank drive-thru ATM and the M&T Bank branch.

Williams recently entered a guilty plea in County Court to a charge of attempted criminal possession of a controlled substance 3rd -- a charge that indicates prosecutors believe he possessed enough of a controlled substance that he intended to sell it.  He is awaiting sentencing on that conviction.

Anyone with information about this incident is asked to contact Detective Ivison at (585) 345-6312 or email JIvison@batavianewyork.com.

Previously: Man runs from police, gun found, and officers are seeking details about incident on Court Street

Top photo by Howard Owens.

On Aug. 10, business owner Rob Credi was happy and thankful to be celebrating the two-year anniversary of Pub Coffee Hub at Harvester Center.

That is, until he saw a road crew tearing up the street alongside of his thriving coffee shop. That date now marks the beginning of an agonizing blow to the clientele and successful business that Credi had built up those last two years. While other road projects have seemed to move along swiftly, Harvester Avenue has lagged behind as a bumpy, torn up hindrance to motorists and the businesses they're trying to visit, he says.

“Look at the other streets; they’re milled and ready to be paved. Our street is a graveyard of a street; it’s not drivable, there are potholes, lots of cement. On Aug. 10 they started digging, and three to four weeks later they never touched anything," Credi said during an interview with The Batavian. "I spoke to the contractors who dug it up, and they were going to come back. I’ve seen a significant drop in business. It’s the planning, execution and the quality of work that’s got my blood boiling.”

Slow work zone
It pains him to think about the lost revenue -- "you know, money that should have been coming in." 

"I'm gonna write that off, I'm never gonna see those dollars, it's just a lost cause. So really, my focus is just, however long this is gonna take, can we clean up the road and make it more serviceable for customers ... and maybe put a little fire under their butts to make it more of an urgent project to try to finish, kind of minimize the danger of moving forward."

After being patient for more than a month, Credi finally reached out to City Council and management.

“The purpose of this e-mail is to bring to your attention the devastating effect the current Harvester Ave. roadwork project is having on businesses, specifically Pub Coffee Hub. It is my understanding that this has been a project in the works for a couple of years. I have been a tenant in The Harvester Center since August of 2020 and from that date until August 10th of this year was not once invited into a conversation regarding the project and the inevitable consequences my business would suffer because of it,” Credi wrote in an email to council members and City Manager Rachael Tabelski. “If not for the good fortune of having a direct line to the new Director of Public Works, we would have been 100 percent in the dark about everything at that point. Let's not forget the 2-3 days where Harvester Ave. was completely blocked off at Main Street. How do you think businesses on our street did that day? Does anyone care? Yes, there was a surprise pipe issue needing immediate attention. What wasn't a surprise was, yet again, zero communication from the city and zero plan to address those that depend on the availability of traffic down the road while it was being repaired.”

When talking to The Batavian, Credi shared concerns about the business he has lost so far — a 42 percent dip in revenues, and that was after experiencing growth of nearly 35 percent this last year. A big sticking point for him is the seeming lack of thought about the actual entities on Harvester Avenue as plans were made for the road project itself. This week alone, contractors dug a ditch directly in front of a parking lot across the street, and posted a sign announcing the road was closed to all except local traffic.

“And at no point did anyone reach out to any of the businesses in the harvester center, or even a building manager to address 'hey, here's what's gonna be happening, here's what's happening.' Obviously, this is going to affect your businesses,” he said. “It would have been nice of them to be proactive and say, here's what we propose we can do to help alleviate some of that stress, or solicit feedback from us on ‘what we can do to make it less debilitating to businesses while it's going on.’ So that's the one issue that they had plenty of time to address. They never did.”

Untimely timelines
His plea reaped some sympathizers, as council members John Canale, who owns a drum studio at Harvester Center, Patti Pacino and Tammy Schmidt, who represents that area’s Sixth Ward, agreed that it wasn’t a good situation. Tabelski responded with an outline of work to be done in the city, including Harvester Avenue.

Tabelski had spoken to Department of Public Works Director Brett Frank, and “learned that he has been communicating with you and the owners of the Harvester Centre on a regular basis to keep you updated on the construction project,” she said in an email to Credi, adding that Frank will continue to provide updates and “we are hopeful that we can get the street project completed as soon as possible.”

She and others walked along Harvester recently and found deteriorated concrete base pavement that has turned to rubble, and the area will need to be replaced with concrete base pavement prior to any paving being done, she said to Credi.

The Batavian also reached out to council members and Tabelski. The city manager replied with a timeline and scope of the Harvester project. “The project continues to progress and the City is hopeful that the Harvester Ave. project will be finished by December 14th or sooner,” she said.

So that means it could be done anywhere from one to three months from now. Credi had not been given that date, however, he was told that contractors had up to six months to do the necessary work. But he certainly didn’t think it would take that long, he said.

“The City is not looking to put any undue burden on businesses or residents along Harvester Ave. and we are very optimistic that the new street will be a tremendous improvement,” Tabelski said. “We appreciate the patience across the city as we have been able to resurface many streets during this construction season.”

Schmidt responded to The Batavian's call for comment texting that she would send an email when she was able. Bialkowski's reply referred the matter to the city manager since it's "a contractual" issue. No other council members responded. As part of city protocol, council members approve resolutions, contracts and projects related to city business.

Undue burden
Credi and fellow Harvest Center business owner Sarah Jones understand that road work has to be done. But they both question the length of time it has taken so far, and especially the condition of the road while they wait for completion.

“People have been complaining, bigger groups that come in, they're just like ‘I couldn't find a place to park, I couldn't even get down the road at some point.’ It's impossible to get through,” said Jones, co-owner of Game of Throws. “And we came in one time, and we couldn't even figure out where to turn around and go back the other way to go on the back roads to the back of the building. It's really frustrating. And they said they have six months to do it in. Why can't  they do it in one month, or this is going to take up to six months? Our whole busiest season is the winter.”

Jones has observed work crews doing something one day, followed by three weeks of nothing. And when they have returned they “make it worse,” she said, and “dig a big hole.”

Paving the way
While Credi doesn’t want to be “that angry guy” who raises a fuss over this situation, he has felt pangs of anxiety and worry about how long he can sustain his business. He employs four people who only work for him. He doesn’t want to lay them off until conditions improve, and definitely doesn’t want to close his shop. He suspects that other areas of Batavia wouldn’t be dealing with this.

“Because I do often feel like, over on Harvester Avenue, we don't really get much attention. Obviously, we're off Main Street, so we don't get the main attraction,” Credi said. “But also in terms of the city's outlook, they really only seem to be concerned with the downtown district, understanding that's where the majority of the businesses are, that's where they get, you know, grants and funding for to improve.”

Credi appreciated the words of support from the three council members, and Schmidt’s comment that all businesses in the city should have equal importance, he said. He looks forward to the future development of Harvester Center and hopes that “we’ll still be around” when it gets going.

Tammy Hathaway, director of Batavia Development Corporation, enjoys spending time at the Center and drinking a Monica coffee at the Pub. She has tried to draw attention to the city’s eastern site through online postings, she said, and raise awareness of all that’s over there. The Center houses 75 businesses, including One World Projects, Vintage antiques, House of Bounce, The Brick Enrichment Center, Hodgin's Printing, Hitter's Hideaway, plus artists, a dental lab, environmental testing and several other ventures.

“I’ve been trying to really focus on the business piece of it; it’s one of my favorite spots,” she said Friday. “I’m trying to be a good steward for the businesses … giving every little bit of extra attention I can give. My biggest goal is to make people aware, and to say brave the storm and continue to visit those businesses.”

The Batavian asked if there was any type of financial recovery funding for the commerce lost so far, and didn’t believe there was anything available. Meanwhile, Credi will be playing “the numbers game,” he said, remaining open as long as he can cover payroll. When those numbers dip even lower, however, he’s not sure what he will do.

“I’m not the person who tries to complain, to make a big deal out of everything. But this project needs to be done,” he said, reflecting on how things had gone up to this summer. “It’s finally paying off, all the hard work, the business is thriving, we’re absolutely crushing it. I couldn't be happier. And I didn't expect the drop-off, obviously, once the construction came. We have established ourselves to what I believe is, you know, the pre-eminent independent shop in a town that's flooded with Dunkin Donuts, and Tim Hortons, and just another Starbucks coming, it's not easy. And I get why we're suffering because it's so much easier for all these customers to just hit up one of the other 10 coffee shops versus trying to navigate down Harvester Avenue.

“Traffic itself is almost nonexistent. We are getting primarily people from the building and our hardcore regulars. But honestly, what's carrying this right now, it’s just delivery. We do it through DoorDash … even before it was about 20 percent of our sales. Now, it's probably like closer to 25 to 30, which is great because it's bringing in revenue, but it also costs me a lot to pay their commissions to operate our delivery service,” he said. “Because we had such an amazing year up until that point, we've been able to kind of carry it through now. Right now we're not operating at a loss on a daily basis. If, in the next couple of weeks, we start to dip into the negatives, we're losing money … I’ll probably have to revisit what my plan is.”

Top Photo: Rob Credi, owner of Pub Coffee Hub at The Harvester Center in Batavia, would like contractors to speed up progress on Harvester Avenue, as construction so far has damaged his sales and related revenue; and above, a ditch in front of the auxiliary parking lot, rendering it useless for potential customers; and ongoing construction. Photos by Howard Owens.