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Not too many criminal defendants have good things to say about the prosecutors who came down on them hard and recommended they be locked away for as long as possible. 

Isaac D. Abrams has only good things to say about Melissa Lightcap Cianfrini.

"She isn't God but she's right up next to him," Abrams said Thursday from inside a smokeshop he's opening on the Tonawanda Indian Reservation. "She's up there. She's a force to be reckoned with. Don't (expletive) with her."

Cianfrini was the first assistant district attorney in early 2018 when Abrams was sent to prison as a 17-year-old for one-and-a-third to four years for making terroristic threats. That conviction has now been expunged, but Abrams had a track record at the time, as Cianfrini noted back then, that indicated he was a young man out of control.

In arguing against any kind of leniency for Abrams, Cianfrini told then County Court Judge Charles Zambito that Abrams had engaged in increasingly violent acts, shown a disregard for authority and human life, and violated his release under supervision contract numerous times.

"He's a high risk to the community," said Cianfrini, who is now the County Court judge. "Look at his statements. He seriously minimizes his conduct. He said that he gave people something to talk about at dinner. This is not somebody expressing remorse."

Abrams said he has no bitterness toward Cianfrini.  She was doing her job, and in doing her job, she put him in a position that forced him to look at the world differently.

"What she put me through," he said, "I honestly feel that if I hadn't gone through that, I would still be a bad little shit just like everybody else. I had an eye-opener. She gave me an eye-opener."

And life in prison isn't something he wants to repeat.

"I went through horrible experiences," Abrams said. "I have scars on my eyebrows now that are permanent. I have stab wounds on my back and on my shoulders. I went from prison to prison. It was a horrible, horrible experience."

Not that getting his life straightened out has been easy for Abrams.  He's had setbacks. He's made mistakes. He's had people set up roadblocks. But he says he's determined to be a successful businessman, to become wealthy, and at age 22, to be an example for younger kids on the Tonawanda Indian Reservation that success is possible and you can overcome life's errors.

He was in court on Wednesday, standing before Cianfrini on an attempted burglary conviction, prepared for the worst because of one of the mistakes he's made while on his path toward redemption (he carried to court a plastic grocery bag filled with toiletries and personal items in case he was sent back to prison).

The possibility of going back to prison
In August, Abrams admitted to attempted burglary in the second degree. The incident involved Abrams entering the residence of a man identified as his mother's boyfriend on Dec. 29 after the boyfriend reportedly abused her.

First Assistant District Attorney Joseph Robinson, on Wednesday, was just as certain as Cianfrini was in 2018, that Abrams deserved no leniency in sentencing.

The 2018 felony conviction was off limits for Robinson to cite since the record is sealed, but Robinson had plenty of material to draw from to try and make the case that Abrams deserved prison time.  He said Abrams has a history of misconduct going back to high school, that he had violated terms of a conditional discharge on another conviction, and that he had faced a criminal contempt charge in Erie County.

"Mr. Abrams is not a good fit for a community-based, probationary sentence," Robinson told Cianfrini. "He enters the house of another person and then strikes the victim and claims it was in defense of his mother because of prior abuse. He took the action of judge, jury and executioner. That is not the way society works."

Robinson recommended four years in prison (the statutory range on the conviction is 2-7 years) and three years post-release supervision (parole).

Defense Attorney Fred Rarick offered a very different take on his client's prospects for complying with the terms of a probationary sentence. He noted that Abrams has been in full compliance with the terms of his release-under-supervision contract while awaiting sentencing, that his client had been diagnosed with mental health issues that had never been treated, and that his client understands that he mishandled the situation in December that led to his arrest.

Rarick said his client's relationship with his father is non-existent, and when mental health treatment was recommended for Abrams as a teenager, his mother decided the trip to counseling was too far to drive, so Abrams never got the help he needed.

He said Abrams had previously witnessed his mother being abused and on the night of this incident, his mother, instead of calling the police, called her son to say she had been abused. Rarick suggested that she knew her son, who has anger management issues, would take matters into his own hands.

She should have called the police, Rarick said.

But once she called Abrams, the young man should have called police, he said.

Sending Abrams to prison, Rarick said, would disrupt the positive path the young man has been on -- a year ago, he opened a small smoke shop on the reservation and was getting ready to open a second.

When it was his turn to talk, Abrams told Cianfrini, "when I first met you, I didn't really like you. But then I went to prison and I realized you did a lot for me. You changed me. You changed the way I talk. You changed the way I walk." 

He said he wanted to lead the younger generation on the reservation out of trouble.

"I'm a changed man from when you first met me," he said.

He said he felt like he had let her down and that he understood if she was disappointed in him.

"I promise I will never be in a situation like this again," Abrams said.  "If something like this happens again, I'm calling 9-1-1.  I promise."

Call 9-1-1
That promise was put to the test on Thursday night.

On Thursday afternoon, a new pre-built building was delivered to 368 Martin Road in Basom, the site of Abram's new smokeshop and dispensary.

Shortly after he opened the doors for the first time, he met with The Batavian and discussed his future plans.

That night, at about 10:45 p.m., the Alabama Volunteer Fire Department was dispatched to 368 Martin Road.  The Batavian sent a text message to Abrams, who responded that he had already been told of the fire by a family member, was on his way to the shop, and that he had called the police to report the crime.

As he promised Cianfrini, rather than get mad, he called 9-1-1.

The fire burned itself out before fire crews arrived on scene.  The fire was intentionally set, a fire investigator said, at the base of the building by the front door.  It caused some minor heat damage to the metal plates at the base of the door.  A Sheriff's deputy opened a criminal investigation.

Earlier in the day, Abrams said that many people on the reservation encourage him and are happy to see him turning his life around.  Others, he said, want to pull him back down.

When asked why he thought anybody would try to torch his new building, he said, "jealousy."

"This would  be the bad crowd," he said, "like the alcoholics, the drunks, the ones who like to stay out all night."

Rather than prison, an opportunity
Earlier in the day, Abrams was full of enthusiasm for his new business.

With only a few cartons of cigarettes and some jars of marijuana in the new building, Abrams said it was just a start.  He is funding the venture with profits from the Weeping Willow, his first smokeshop on Purdy Road.  

On his small plot of land, Abrams cleared trees and put down gravel.  As a reporter looked on, the excited young man paced off his expansion plans -- where the handicap-accessible ramp will go, leading to double doors and windows, and shelves filled with product.  Abrams sees it all in his mind.

"My dreams are progressing every day as every day I’m one step farther into becoming a new man, a man in new business and a man of new character," Abrams said. "My dreams and goals for the shop are just to succeed in an all-around aspect so I can help my customers, friends, and family succeed around me, too. I really would like for the business to succeed. It took a lot of community members to get this far, and a lot of trust, so there’s no going back now all I can say now is 'Hi. My name is Isaac Abrams. How may I help you and be at your service.'"

The fire, he said later, was a momentary setback, but just financially, not "mentally or spiritually, and tomorrow is a new day with lots of potential."

Abrams is getting the chance to pursue his dreams because the person who took a dim view of the young man's future in 2018 is now persuaded that he deserves a shot at building something better for himself.

On Wednesday, after Robinson, Rarick, and Abrams all spoke, Judge Cianfrini said she needed a few minutes to research something and adjourned the court.

When she returned from chambers, she asked Abrams whether, if given the opportunity to go through Mental Health Court -- which would mean no prison time if he successfully completes the program -- would he commit himself to follow through and do what he needed to do.

A beaming Abrams said he would. He turned around so he was speaking to the whole court and said, "if anybody was here and saw me here before, I'm a changed man.  I promise you I'm not the same person you saw here before."

Cianfrini explained that Abrams will be screened for Mental Health Court to ensure he's a good candidate for the program, and once the screening is done, she can place him in the program.

Embracing what Abrams said about being an example to younger people on the reservation, she told him he had a chance to show a younger generation that the justice system is a place to "get help and rehabilitation and that it's not just for punishment."

Robinson told Cianfrini that he wanted to place on the record his objection to giving Abrams an opportunity to go to Mental Health Court.

Inside his new shop on Thursday, Abrams was nothing but grateful to Cianfrini.

"She honestly changed my life around.  I thank her for helping me. She did a lot.  Honestly, I wouldn't be here in these shoes.  I wouldn't be free today," he said. "I wouldn't be thinking clearly. I would have done none of that. I would have nothing.  I'd probably still be that broken little shit."

Photos by Howard Owens. Top photo, Isaac Abrams outside his new smokeshop.  Inset photo, file photo of Melissa Cianfrini in 2018 at a press conference on an unrelated case.

The police have the gun.  They have a man in custody who was located in the area of the gun. 

He's a man who apparently ran from Sgt. Dan Coffey on Evans Street to Court Street after Coffey and other officers responded to a report of shots fired.

Everything else is a mystery.

"We got the gun. We've got the guy. Now we've got to work backward," Coffey said Friday evening while on Court Street.

As for the report of shots fired, Coffey said there is no specific location associated with the shots based on reports received by police.

It's unclear at this early stage of the investigation, Coffey said, if the man taken into custody will be charged with any crime.  The police are still gathering evidence.

Coffey chased the man from Evans to Court, where he was tackled and taken into custody.  Additional officers arrived on scene, including deputies and troopers, and they commenced a search of the area to try and locate a gun that may have been on the man.  

City Fire was requested to assist with ladders so that police officers could climb onto nearby rooftops to look for a possible gun.

An object believed to be a gun was located under a bush between the Key Bank ATM drive-thu and M&T Bank.  The object was left in place while officers waited for detectives to arrive on the scene.

Coffey said more information will be released when it is available.

Photos by Howard Owens

Developing an effective promotion and marketing strategy at Batavia Downs Gaming sounds like a challenging assignment. Marketing Director Ryan Hasenauer and his staff, however, have been equal to the task as revenues for the gaming/harness horse racing facility and hotel on Park Road continue to surge.

The Batavian sat down with Hasenauer (photo at top, pointing to "wall of fame" at the Batavia Downs clubhouse) to talk about his team’s efforts to increase the customer base at the entertainment venue operated by Western Regional Off-Track Betting Corp., a public benefit company that distributes a portion of earnings plus surcharge to its 17 member municipalities.

Hasenauer, 41, is a Rochester native who earned his bachelor’s degree in Sports Management and Master of Business Administration from Medaille College (now University) in Buffalo before taking marketing positions with a software company and tanning salon chain.

He joined the marketing department at Batavia Downs in 2007, serving as director of marketing since October 2010. He and his wife, Elise, and their 7-year-old son, Theo, live in Hamburg.

Q. What is the overarching strategy when it comes to promotions? Your board of directors just authorized an expenditure of $600,000 for promotional items for the year – that’s a huge amount of money.

A. You’ve got to spend money to make money – that’s like one of the oldest adages in the book. What we do here at Batavia Downs is we implement two types of strategy – whether it’s horse racing, gaming, for the restaurants, the hotel. All those things basically work together as amenities for each other to basically accomplish two goals. One, attract new people to the facility and two, retain the people that we already have that enjoy coming here. And of course, if you're new, then you become an existing person. So, now I'm working hard to maintain your loyalty.

Q. It seems as though it is a very competitive industry?

A. The gaming landscape in Western New York is quite saturated. You've got one just south of Rochester, you've got one between Rochester and Syracuse, you've got several pinpointed around the Syracuse area and towards Utica, you've got one in Buffalo, we've got one in the Falls, you got one down to Alleghany and even got a few across the way just across the border into Canada now that Canada's opened up again. So, we have to be smart about our strategies because we are one of the smallest gaming facilities in New York State.

Echoing what Henry (Wojtaszek, WROTB president) has said many times, we try to see ourselves as the “Cheers” of casinos – we know your name. You can be a big fish in a small pond here. When you go to some of these other larger facilities, you're just a number to them. To reap some of the things you might want to get from a gaming facility, you have to be a very, very big player in those places to be even considered to get invites for a dinner tickets to a show on site or to a game, like the Buffalo Bills or whatever. Whereas here, we feel like we have a better relationship with our players. We know their names, we know their likes, their dislikes and you can still have access to some of those great things.

Q. What are some of the promotions that Batavia Downs offers?

A. If you're in the email club, for some of the concerts, you got an email for free tickets to our shows outside for our drawings on Wednesday nights. And on Friday nights. And coming in October, it'll be Tuesdays and Thursday nights. You can win tickets, whether you're a great player or not a great player. You can win tickets to see the Buffalo hockey team to see the Buffalo football team or the Rochester hockey team. The other places aren't doing drawings with their tickets; they're holding them back and only giving them to certain people. And while we do honor and give some of our higher-end players tickets, everyone has a chance with these drawings.

One of the other great things about doing that is that it drives traffic to the facility. It makes the facility busy because you’re here trying to win tickets to this real big country show that's coming to the facility. You know, when we gave away Garth Brooks tickets, this place was nuts. We gave away two pairs of Garth Brooks tickets on the floor. It was crazy here that night; people were excited to win those tickets. And they went to players that randomly were chosen in the game, which is exciting.

Q. Are you also in charge of lining up events such as dinners, fundraisers or weddings?

A. We have an amazing event staff headed up by Tory (Thompson) and we work together so much it’s like the other side of my brain. And Tory feels the same way about marketing here. People wanting an event here such as a fundraiser or big dinner are going to deal with Tory and she’s going to do right by you.

And we will work with you to help promote your event. I don't know many places that will literally say we will help you promote the event on our Facebook page, with ads in the local media. We take an extra step in making sure that if your event is a public event, we want you to succeed because what do we want? We want people here. It’s only smart for us to that.

Q. What about the concerts in the summer? Who coordinates that?

A. Things like the Vodka (& Gin) Fest, the Polka Fest, the Kentucky Derby party, all the concerts – those are things that the marketing team handles. The concerts are a total team effort, including the officers, where we get together to decide who's coming and what's going to go on, and what dates are they going to select?

That’s another thing that helps not only drive traffic to the facility, but provides entertainment for the people in Batavia and the surrounding areas. I remember, we had Three Dog Night come here and there was probably 6,000 to 7,000 people …singing along to all those old favorites.

Q. You’ve done a lot of renovation to the (racing) clubhouse.  What has been done there and how are you utilizing it?

A. So, the interesting thing about the clubhouse is that this place was built in 1940s; we opened on Sept. 20, 1940.  At that time, the clubhouse was like the crown jewel of this place, and over the years, it was a great place for people to come and watch the races.

There’s no mistake about it that horse racing is not as popular as it once was. We all get that; we understand that. There are not a lot of places across Western New York, first of all, but certainly across the United States that are actively trying to put money into horse racing spaces where people can enjoy watching horse racing. We put in money into that clubhouse. We put the “wall of fame” up there -- our history, from the 1940s all the way through present day and you could walk up and see it anytime you want.

We raised up the bar from the ground floor to beyond that level and made it so was a more welcoming experience for those who have movement disabilities. That was one thing that many people like to mention was that the buffet was on the top and you had to traverse those stairs. Now the buffet’s on the ground level. And if you have mobility issues, you don't have to worry about the stairs anymore. You go right to the buffet and find a seat where there's no going upstairs and you still have a seat on the window. You still have a great seat to see the horse racing.

Q. Judging by recent events in the clubhouse not related to horse racing, that must be a new wrinkle to your marketing strategy?

A. Because that clubhouse is only open, let's say between 50 and 70 days a year for horse racing, what are we going to do the other 300 days plus? While we do comedy shows there, we also utilize that space for nonpublic events. If somebody needs to utilize that space for a meeting, it’s available. We had Chamber (of Commerce) After Dark and the Zonta Club’s basket raffle. So again, utilizing the spaces that we have here to allow people to have meetings. We had a large meeting inside Park Place and events are scheduled throughout the week, not just on weekends.

Q. On the subject of horse racing, how much has that industry declined since its heyday? And how do you accommodate patrons that follow and wager on horse racing? Are they getting the short end of the stick, so to speak?

A. On the first question, I would have to take a look at the numbers to give you an accurate number. I know that during COVID, horse racing was one of the only things going on. We had that kind of artificial spike that happened in 2020 and in parts of 2021 where it was like, “Well, I can't go anywhere, but they're doing virtual horse racing someplace, I can make a wager on Batavia bets and I can do those things.”

I think what we are doing here at Batavia Downs to make sure that the horse players know that they're not forgotten about is making sure that they still have spaces to conduct that type of entertainment. Putting money in the clubhouse, making sure that that the ITW (Intertrack Wagering) is upstairs across the clubhouse on the second floor here at Batavia Downs. That space was put in when the gaming floor went downstairs, That's a very nice place for people to watch. There's nice chairs, there's ample space, there's vending machines nearby or if you want to go eat, you just go down the elevator, and there’s Fortune’s Restaurant.

(Hasenauer said Homestretch Grill, a smaller sandwich/pizza shop on the first floor is being remodeled and not open yet).

Q. So do you have any specials for the horse players because they're maybe not spending a lot of money on the gaming floor?

A. We’ve come to an agreement with the horsemen’s association to add 15 racing dates in January and February of next year, with racing on Wednesdays and Saturdays and some select Fridays thrown in there as well. We’re going to work to make sure the Homestretch Grill is open to satisfy those patrons and making sure they’re in a clean, comfortable environment.

Promotions include our magnet schedules, T-shirt toss after each race where the winning driver throws T-shirts onto the track apron for those in attendance. Free parking and admission, blanket giveaways. And we’re working with Don (Hoover, director of live racing) on things to make sure that people understand we’re not forgetting about horse racing. A lot of other casinos with racetracks have forgotten about horse racing.

You come here and buy a program, and if you go and earn a point on the gaming floor, we'll give you $5 on the gaming floor. And the program costs two bucks. So, if you're going to gamble anyway on the gaming floor, come and buy a program, earn your point, and then you've got a little bit of money for the gaming floor, too. We're doing things that are tying our racing and our gaming together. That's not something you're seeing at a lot of other places.

The renovated bar at the Batavia Downs Gaming clubhouse. Photos by Mike Pettinella.

There’s a common presence at many businesses nowadays: help wanted postings.

A shortage of workers has enveloped most every business sector since the pandemic rubble landed, and many employers have been encountering stumbling blocks with filling vacancies ever since.

And it’s not just at restaurants and grocery stores, as the shortfall is also for county positions, law enforcement and school districts.

Few, but qualified
City of Batavia Police Department has been short-staffed due to vacancies, creating more overtime hours for full-time officers, Chief Shawn Heubusch said.

“This has caused the officers to work a lot of short-shift over time, therefore we have not been able to work as much of the OT associated with special details as we would like,” he said. “We have hired several qualified candidates that are working their way through academies or field training and will be able to fill vacancies on road patrol in the near future. This will allow us to get back to working more of the specialized details that we look forward to doing.”

He did note, however, that the department had “a significant drop in applicants” for the last exam.

“Roughly, the applicants were cut in half. It has been difficult recruiting in public safety, across the spectrum for a variety of reasons,” Heubusch said. “I will say that although the number of candidates has decreased, we have not seen a decrease in qualified candidates. In fact, I would say just the opposite. Given everything that has been going on in the nation, the current candidates are extremely dedicated to becoming law enforcement officers as demonstrated through the background and interview process. We have learned that these recruits have a very high drive to be police officers for the City of Batavia.”

That’s some good news. So how about Batavia City Schools, whose board just approved a long slate of teachers and teacher aide positions?

Creative recruiting
During her presentation at this week’s meeting, Trisha Finnigan, executive director of staff development & operations, outlined the ways in which the district is recruiting for and retaining qualified candidates. It’s not just about posting a position anymore. 

“So starting with recruitment, we've had to take a more creative approach in terms of recruiting exceptional staff to join the Blue Devils family. Instead of leaning on traditional methods, such as newspapers and our websites and our recruitment sites, for example, we've been using Indeed,” she said. “We’ve also noticed that when I was looking back at the past year, there seems to be a disconnect from when someone expresses interest in a position. Now we tell them, they, for example, have to complete a civil service application, as it seemed like that wouldn't happen. So when I looked back at that information, we decided that we would take a different approach.”

That approach involves not taking for granted that job applicants understand the steps required to apply, she said. Candidates are scheduled for an interview and given the Civil Service application for them to complete. The process has been refined, she said, to be more proactive about informing candidates about what’s next for them to do, such as getting fingerprinted or completing necessary paperwork.

“It's been awesome. We just now posted for substitute teacher aides and teachers and those are coming in. So I'm feeling positive about us having some people that could fill the need that last year we were lacking,” Finnigan said. “So we're moving in the right direction. It's my responsibility to make sure that I'm tapping into avenues where we're attracting exceptional candidates to come and work with us. And then how do we get that? Let me just see if I've missed anything here. One of the other things we did too, is that, in negotiating contracts with some of our units last year, we needed to do a better job of posting what the benefits of the positions were.

"So instead of, say, putting out teacher aide, just with a salary range, we made sure we included things like there is health insurance benefits, you can get paid for holidays, you can accrue vacation time," she said. "So those are some things when we're competing with other employers in the in the area, maybe offering a more an increase hourly wage, we can compete with some other things.”

Parents have been asking about jobs aligning with their schedules “to mirror the school calendar." That has meant more hiring of local residents, which has been nice, she said.

“Hiring is a very collaborative process. We work closely with the administrators, we’re looking at positions. Since July 1, we've hired over 35 personnel with New York State Certification, 16 new support team members, and that includes food service helpers, custodial support, as well as teacher aides,” she said. “And it should be noted that with that money we received for the preschool programs, that allowed us to add 10 positions, certificated positions … So that was something because we really did have to hustle.”

She had a quick turnaround of posting, hiring and getting those people trained for school opening in the second week of September. It worked out well, she said, and the district continues to reach out to colleges for candidates. In an effort not to “settle” for a lesser qualified candidate, the district has opted to plug in gaps with retired teachers until the best candidates are found.

She also spoke about retention: “it's one thing that we are getting people, it’s another to keep them."  And that depends on the tangible — contract terms — and the more subtle perks of a welcome package and surveys, she said.

“It’s a way of gauging their satisfaction and their perception of whether they feel valued as a Batavia Blue Devils family member,” she said. “And I also get interesting feedback on the interview process and other things that helped me plan better when we're looking for candidates.”

Resolving to address the issue
Earlier this year Genesee County Legislature agreed to waive all Civil Service fees to remove a potential barrier for applicants, and this week approved a resolution to extend the residency territory for corrections officer positions in hopes of gaining more interested candidates for openings.

Mental Health Department Director Lynda Battaglia previously spoke of the difficulty in filling four vacancies for wide-ranging clinical and finance positions to a psychiatrist role. The county has had trouble finding a full-time psychiatrist and revised the position to provide a hybrid of in-person and remote counseling services to better accommodate someone not able to be local on a full-time basis.

Many, but inexperienced
Although some employers are being more creative to attract job candidates, it may not be about the job at all. At least that’s what Chris Van Dusen of Empire Hemp Company has discovered. He and wife Shelly were at a recent job fair and did quite nicely, they said.

“We had over 300 applications,” Shelly said.

What they soon learned was that applicants weren’t so interested in the job as they were the product. And when that misunderstanding was cleared up (no, there’s no smoking marijuana on the job), the 300 potentials dropped to about three or four viable candidates, the couple said.

State Department of Labor Commissioner Roberta Reardon visited Batavia Tuesday and acknowledged the lack of qualified candidates for some fields while she encouraged students to pursue education, training and labor skills to fill the many jobs available in manufacturing, food chain and other trades fields.

Maybe when all is said and done, it might just be that there aren’t the bodies out there to fill vacancies. According to the most recent state data, there were 30,500 Genesee County residents reported to be in the labor force, up from 29,400 a year ago. The state’s unemployment rate of 4.8 percent is a few points lower than 7.1 percent a year ago, and 900 people were listed as unemployed, compared to 1,300 a year ago.

Photo by Howard Owens.

Press Release:

The Batavia Police Department is investigating a robbery at McDonald's, located at 573 East Main St., which occurred at approximately 5:36 a.m.

A white male, wearing a gray hooded sweatshirt and a mask, walked up to the drive-through window and demanded money.

The suspect stole the cash drawer from the register and fled the scene. The suspect was last seen on foot, running westbound behind 555 East Main St.

No one was injured and the suspect got away with an undetermined amount of money.

Anyone with information is asked to contact Detective Matthew Wojtaszczyk at 585-345-6357, the Batavia Police Department's confidential tip line at 585-345-6370.

Due to the ongoing investigation, no further details will be released.

There’s only one problem with creating a law to restrict weapons from would-be criminals, Gary Maha says.

Law-abiding citizens will be the only ones to follow it.

“If they want a gun, they’re gonna get a gun,” the legislator said during Genesee County Legislature’s meeting Wednesday. “If you’ve got a shooting somewhere, do you want the good guy without a gun? You don’t just want the bad guy with a gun.”

Maha first proposed that Legislature sign a letter of opposition to the newly adopted Concealed Carry Improvement Act, and send it to Albany for Gov. Kathy Hochul and state Legislature members to see.

He had no idea that about 10 people would show up for the vote, with two of them there to speak during a public hearing about issues other than Concealed Carry.

Glen Adams represented the Genesee County Federation of Sportsman's Clubs, which consists of about 12 clubs throughout the county. He stood at the podium alone, but spoke for some 1,200 members, he said.

Adams voiced his concern that the Concealed Carry act was not for the average gun owner and hunter, and was, therefore “unconstitutional.”

Likewise, Jim Tuttle, chairman of SCOPE — Shooters Committee on Political Education — appealed to Legislature members to join Maha and fellow legislator John Deleo, both of who have been most vocal about the act’s flaws.

“We all took an oath to support the constitution of the United States, which is the Second Amendment,” Deleo said.

He added his full disclosure that he was a member of the National Rifle Association and SCOPE and pointed to the ill-conceived bail reform problem.

“A criminal charged with having a gun … is let go,” he said. “We’re the salt of the earth here.”

During a prior meeting, legislators discussed Maha’s proposal to send the letter and underscored the prominence of the Second Amendment to keep and bear arms, and how the Concealed Carry act is no improvement for the typical gun user.

The Second Amendment states that “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.”

The legislators’ resolution states that the act “presents procedural roadblocks in the form of privacy violation, subjective standards, financial burdens, and overt restrictions on individuals seeking to exercise a fundamental right.”

A subdivision of the law was added to state that no license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.

It further states that no license shall be issued or renewed except for an applicant 21 years or older (military veterans honorably discharged are exempt from the age requirement), and be of good moral character, which means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.

Legislators Shelley Stein, Gordon Dibble, Brooks Hawley, Christian Yunker, Chad Klotzbach, Gregg Torrey, Delo and Maha voted for the resolution to send the letter. Legislator Marianne Clattenburg was absent.

Will it make a difference? Maha wasn’t sure.

“Well, at least we want to make our voices known in Albany that we oppose this,” he said. “You know, we're a Second Amendment community out here in Genesee County and many of us grew up hunting and carrying guns. It's a lot different downstate around New York, and we think these laws are unconstitutional.”

Top Photo of SCOPE Chairman James Tuttle, and Glen Adams, Vice Chairman of Genesee County Federation of Sportsman's Clubs, as they appeal to Genesee County Legislature to approve a move to send a letter opposing the Concealed Carry act Wednesday at the Old Courthouse. Photos by Joanne Beck.

For the first time since late spring, there have been more than 100 new COVID-19 cases reported in Genesee County in back-to-back weeks.

For the week of Sept. 14, there were 123 new positive tests reported to the Genesee County Health Department. For the week of Sept. 21, there were 115.

New case reports were well below 100 most weeks throughout the summer.

The county only has data on cases reported from labs or people who did at-home tests and took it upon themselves to report their positive tests to the county.  People who test at home but don't report their results are not included in the count.  The total number of lab-based positives for the past week is 91.

One death from COVID-related causes was reported in the past week, bringing the total number of Genesee County residents who have died from the disease to 201.

According to the CDC, the county's current transmission risk is "medium." 

Alone one night in a car in the Target parking lot with a teenage girl, Shawn D. Myers made a decision that he and the girl will have to deal with for the rest of their lives, Judge Melissa Lightcap Cianfrini told Myers before sentencing him to five years in prison this afternoon.

In July, a jury convicted Myers of first-degree criminal sexual act, a Class B violent felony.  

By all accounts in Court this afternoon, except for that one decision, the Byron resident had led a pretty exemplary life up to that point -- a volunteer in his community, including a volunteer firefighter.

On Jan. 28, 2021, Myers forced the girl to have sex with him, the jury said.

His attorney, Jeremy Schwartz, argued that the evidence in the case, despite the jury's verdict, didn't really support the assertion of forcible compulsion, though Myers, now 21, admitted that he had sex with a person less than 17 years of age.

First Assistant District Attorney Joseph Robinson said the victim suffered physical injury as a result of what Myers did and is still dealing with the emotional fallout of the sexual abuse. 

More than two dozen community and family members attended the hearing in support of Myers.  

The victim and her mother were also at the hearing.

In his statement, Myers said he knew he made a mistake but expressed concern about being sent to prison because he is being treated for PTSD, anxiety, and depression, and during his time in the criminal justice system, he and his attorney said, he's already suffered one disruption to his medication regime. 

Cianfrini, who could have sentenced Myers to up to 25 years in prison, said that she would note in documents that will go with Myers to the Department of Corrections, that Myers has prescription medication he must take.

She encouraged Myers to use his time in prison to learn that he can't force people to do things against their will and to learn a trade.

Myers said during his statement that he loved being a volunteer firefighter and regretted that he had ruined his firefighting career by his decision.  He promised Cianfrini that never again will he make a mistake that lands him back in jail.

As promised, Genesee County Fairgrounds was overrun with kids — more than 1,000 of them — for most of Tuesday.

But instead of it being some kind of free-for-all riot, the students from 30 school districts were there to focus on work. As part of a GLOW With Your Hands initiative, the event offered several stations where kids could not only see and hear about various careers in the work world but also get hands-on experience to get a real feel for what the different fields are like.

This was the fourth such event, and with an ever-growing attendance, Co-Chairman Chris Suozzi said.

“In 2019 we had over 800 students, and this year we had over 1,000. Then we had 50 vendors, today we have 65 vendors,” Suozzi said. “Students can start exploring careers that work with your hands, and by the way, all of these careers are local. It’s a whole day of getting out of the classroom … and exploring different careers, especially for kids who are career-focused. It’s all about getting kids to focus on these great careers that we have locally.”

School districts represented the four counties of GLOW — Genesee, Livingston, Orleans and Wyoming. Organizers consider it the region’s largest hands-on career exploration fair that provided interactive experiences with skilled trades, advanced manufacturing, food and beverage manufacturing, construction and agriculture fields.

Another plus was that kids also met with professionals in those fields, and potential future employers, organizers said.

“While the record participation of our students and businesses is welcome, the true success of GLOW With Your Hands is the having a youth arrive at our event and discover a passion for a career that they may have never considered before,” Co-Chairman Jay Lazarony said in a press release. “Our exhibitors, volunteers, sponsors and organizers are dedicated to supporting students today, and throughout their path to success.”

Students rotated through stations where they were able to operate backhoes and excavators, compete in nail driving and construction competitions, and test their skills on dairy farming and welding simulators.

Chris Suozzi

“It’s incredible to see so many students that are excited about careers right in their own backyard,” Suozzi said. “Our companies are growing, and today demonstrates that the national workforce challenge can be solved locally.”

Students weren’t the only ones to enjoy the fun of digging in the dirt, as state Department of Labor Commissioner Roberta Reardon visited the fairgrounds and acknowledged her fascination with excavators. She encouraged the young participants to pursue one of the many careers they glimpsed during the day.

“This is an opportunity for young people to come into a career fair and really experience things with their hands I was over at megatronic station, they can do the circuitry, the air pressure, there’s all kinds of animal husbandry on one side, moving excavators, bucket trucks for young people not to just read about a skill, or have somebody talk about it, but doing it themselves,” Reardon said. “They’re petting the cows and calves, and doing all the megatronic set-up. It’s great to watch them interact with each other and interact with these skill sets. They’re really excited. We need these kinds of career fairs so these young people can make a really smart career path that will sustain their lives.”

She thanked event organizers for hosting the career fair, and reminded the public of the 96 career centers throughout New York that have online training and job resources.

Click here for more information about GLOW WithYour Hands. 

Roberta Reardon

Top Photo: A student takes control of an excavator after getting some hands-on lessons during Tuesday's GLOW With Your Hands event; students from 30 school districts within Genesee, Orleans, Livingston and Wyoming counties learn about everything from milking a cow and performing utility work on a pole to mechanical repairs, food chain occupations and laying bricks during the fourth GLOW event at Genesee County Fairgrounds. Photos by Stephen Ognibene.

Devon Wright

A Batavia man who disappeared for seven months after being released from custody following a weapons conviction had his scheduled sentencing delayed for three weeks today so his new attorney can get up to speed on his case.

Nathan Pace, who is now assigned council for Devon Wright, asked for an adjournment.  

County Court Judge Melissa Lightcap Cianfrini granted the request. The new sentencing time and date is 3 p.m. Oct. 18.

Wright was a co-defendant in November in a case involving a gun deal gone bad at the Days Inn six months earlier when he entered a surprise guilty plea to counts of attempted criminal possession of a weapon 2nd, and attempted criminal possession of a weapon 3rd. He also entered guilty pleas to assault in the third degree, a misdemeanor, attempted assault 1st, a Class C Violent Felony, and criminal sexual act, also a felony.

The pleas satisfied charges from multiple arrests over the previous 12 months and came with a 10-year sentence cap. When he failed to appear for his initial sentencing date and became a wanted man, he jeopardized his sentencing cap.

Wright was located in Lockport in July and has been held in the Genesee County Jail since his arrest. 

In the November trial Wright's co-defendant, Jacob Sponaugle, was found guilty by the jury of:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony
• Criminal possession of a weapon in the second degree, a Class C violent felony
• Aggravated criminal possession of a weapon, a Class C violent felony
• Criminal possession of a weapon in the third degree, a Class D felony
• Criminal using a firearm in the first degree, a Class B violent felony
• Criminal using a firearm in the first degree, a Class B violent felony

Sponaugle was sentenced in December to 15 years in prison.

Sometimes remarks have to be said even though they might upset people.

City Councilwoman Patti Pacino gave that warning during Monday’s conference session as the council discussed using leftover event money for a proposed Wing Ding. What she was going to say would probably anger her colleagues, Pacino said.

“While I think the Wing Ding is fabulous and it is an event open to everyone, we used to fund the Picnic in the Park, which is also for everyone,” she said in the Council Board Room of City Hall. “GO Art! had to cancel the picnic.”

Proposed by Assistant Manager Erik Fix, the amount of $9,188 remaining from the city’s Centennial Celebration in 2015 could be transferred into a Wing Ding account if council approved the move. Former Centennial Committee members Krysia Mager and Chairman Paul Battaglia had agreed to the use of funds in addition to others Fix had spoken to, he said, and some members of the resurrected air show had said they would help with the city’s event.

The city used to contribute money — about $2,500 — to the annual Picnic in the Park, but began to cut back over the last few years, and did not fund it in 2019, 2021 or 2022. The Original Red Osier Landmark restaurant presented the event in 2019, and a virtual picnic -- sponsored by several entities including the city --  was shown on YouTube in 2020. The picnic was canceled in 2021 due to COVID protocols and lack of sponsorship, and canceled again in 2022 due to lack of sponsorships.

Pacino said she would vote for the Wing Ding and transfer of money, but expected support when a request for Picnic in the Park funding came around again.

City Manager Rachael Tabelski explained that “we realized that if we were ever to use those funds, it had to be run by the city,” she said.

The $9,000 and change came from corporate donations for the Centennial shindig on Dec. 31, 2014. Although some council members suggested getting the Business Improvement District involved, those unexpended funds need to be spent by the city during an event under the city’s authorization, Tabelski said.

Why not do it? said Councilman John Canale. He saw no reason not to move forward with a Wing Ding to coincide with the air show next fall.

“People loved it,” Canale said.

Councilman Bob Bialkowski questioned the input from a couple of former committee members as being a major reason for moving forward. Canale rebutted that it’s “only common courtesy” to include them since they worked on the former event. Both Battaglia and Mager gave their blessings to the Wing Ding receiving $9,188.

Council members discussed how future Wing Dings would be paid for, and agreed with Tabelski’s assessment that this would be a “one-time” transfer and that nearly $10,000 for the Wing Ding wasn’t going to be a yearly budget item.

After reiterating her stance that she is looking for future support on the Fourth of July picnic, Pacino summarized how important it is to her.

“I’ve been waiting four years to say that,” she said.

Council members agreed to move the matter to a vote during a future business meeting.

Top Photo: City Councilwoman Patti Pacino expresses concerns Monday evening about the city not funding Picnic in the Park while considering an infusion of $9,188 of leftover centennial event money into a future Wing Ding event. Above, Council President Eugene Jankowski, Paul Viele and Patti Pacino discuss the issue with remaining council members not pictured during a conference session at City Hall. Photos by Joanne Beck.

Ronald Washburn

Ronald M. Washburn, 62, of Stafford, is charged with Course of Sexual Conduct Against a Child Less than 13, 2nd. Washburn is accused of having sexual conduct with a child on two or more occasions while babysitting the child in the City of Batavia between July 2008 and July 2012. The case was investigated by Det. Jason Ivison. Washburn was arraigned in City Court and released under supervision.

Samantha M. Kent, 29 of Le Roy, is charged with aggravated unlicensed operation 3rd, following too closely, failure to stop for a school bus, and driving while ability impaired by drugs. Kent was reportedly the driver involved in a school bus accident on Sept. 13 at 6:59 a.m. on Ellicott Street, Batavia. She was arraigned in City Court and released on her own recognizance.

Kevin D. Wolff, 51, of Sweetland Road, Stafford, and Cherie L. Bender, 52, of Sweetland Road, Stafford, are both charged with two counts of endangering the welfare of a child. Deputies responded to a call of a disturbance on Aug. 25 and as a result of an investigation Wolff and Bender were arrested on Sept. 22.  Both were released on appearance tickets.

Jessica B. Eschenlauer, 33, of Batavia, is charged with criminal contempt 1st, assault 3rd, and unlawful imprisonment 2nd. Eschenlauer is accused of violating an order of protection and punching another person during a disturbance reported on  Sept. 16 at 10:30 a.m. at a location on Eleanor Place, Batavia. She was arraigned in City Court and ordered to return at a later date.

George J. Horner, 33, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Horner is accused of entering a residence on Bank Street on Sept. 21 at 7:10 a.m. in violation of an order of protection. Horner was arraigned in City Court and ordered jailed on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of stealing property from a business on Oak Street, Batavia, on Sept. 11 at 11:11 p.m. Taylor was arraigned in City Court and ordered held pending his next court appearance. 

Albert G. Platton, 76, of Batavia, is charged with forcible touching. Platton is accused of touching a staff member of a facility on Richmond Avenue, Batavia, in a sexual manner.  He was issued an appearance ticket.

Nancy E. Chatt, 77, of Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and leaving the scene of a property damage accident. Chatt was allegedly driving a vehicle that struck a utility pole on Jackson Street on Sept. 18 at 8:52 p.m. She was arraigned in City Court and released on her own recognizance.

Brittanee J. Hooten, 33, of Batavia, is charged with petit larceny. Hooten is accused of shoplifting from a business in the City of Batavia on Sept. 17 at 11:30 a.m. She was issued an appearance ticket.

Rachel S. Wright, 18, of Batavia, is charged with harassment 2nd and criminal trespass 2nd. Wright is accused of trying to fight with another person on Sept. 18 at 4:54 p.m. at a location on North Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 42, of Batavia, was arrested on a bench warrant on Sept. 18 at 12:30 p.m. She was released with an order to appear in City Court on Sept. 22.

Shyanna M. Williams, 19, of Hamburg is charged with aggravated harassment 2nd. Williams was arrested on a warrant based on a complaint filed on May 6. She was arraigned in City Court and released on her own recognizance. 

Amanda L. Huber, 40, of Batavia, is charged with failure to appear. Huber was arrested on a warrant following a police investigation into an incident on West Main Street, Batavia. She was issued an appearance ticket ordering her to appear on Sept. 15.

Jamie S. Schlonski, 50, of Batavia, is charged with petit larceny. Schlonski was arrested by State Police in connection with an incident reported at 5 p.m. Sept. 22, in the Town of Batavia. Schlonksi was released on an appearance ticket. No further information was released.

Market rate housing, the resurrection of Wing Ding, a craft beer festival and Alzheimer’s awareness walk, the Jackson Square redesign and a public hearing are all on tap for City Council’s conference meeting this week.

And that is to be followed by a special business meeting for several votes and an executive session to discuss “employment matters and real estate.”

The conference meeting is set for 7 p.m. Monday in the Council Board Room, second floor of City Hall.

Assistant City Manager Erik Fix is expected to outline a plan to create single-family homes and market-rate rentals to help supply Genesee County’s future housing needs of more than 4,800 units, according to a memo from Fix to City Council. The demand for housing is anticipated in correlation with the WNY STAMP project in the western part of the county.

“With low vacancy rates and free houses available for sale, if a surge of development attracted employment into the region, workers would need to look outside of the county for housing,” Fix said.

He is proposing that the Batavia Home Fund be established to capitalize Payment in Lieu of Taxes (PILOT) payments from project investors and land sales to plump up the fund.

The city will also be exploring a Core Housing Owner Incentive Exemption program based on a similar program in Rochester that provides exemptions for multi-family homes to convert to single-family homes, and for construction of new housing stock, Fix said.

As Genesee County, via a related committee, pursues hosting an air show once again, the city is considering resurrecting the Wing Ding that ran in conjunction with the former Wings of Eagles air show at Genesee County Airport. Fix is also expected to review the potential for a Wing Ding weekend, and transfer a leftover amount of $9,188 from the Centennial Celebration and move it into a Wing Ding account.

Air show committee leader and county highway superintendent Tim Hens has said that several people have asked that the air show be brought back, and many folks have shared fond memories from each event on opposite sides of the county -- at Genesee County Airport on Saile Drive and in downtown Batavia.

After years of committee meetings, investigation and talk about the potential for Creek Park, situated behind the ice arena, city officials are also expected to discuss the option of performing an environmental review for it to house a future business operation.

Eli Fish apparently doesn't want the fun to stop and has applied for a craft beer festival in Jackson Square later next month. That event, and an Alzheimer's awareness walk on Oct. 1 are up for review by council during its conference session. 

File photo of a previous air show. 

There are to be public hearings in each the city and county this week on the application and use of a $2 million Restore NY grant.

The city's hearing is during a conference session at 7 p.m. Monday in the Council Board Room, second floor, City Hall.

City Council's intended use for the grant is for the Carrs Reborn project in downtown Batavia. Cities with a population less than 40,000 can apply for up to $2 million, and it is available for projects to “demolish/deconstruct and/or rehabilitate/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial and/or mixed-use buildings.”

The former C.L. Carr's site, with an expansive footprint within Main and Jackson streets and is owned by Ken Mistler, is expected to accommodate several upper-floor apartments and business/office use on the ground floor.

City Council is expected to vote on the grant submission during its business meeting to follow. The group is also to vote for support of a county-led Restore NY grant application to offset the $33.5 million Healthy Living campus project on Main Street, downtown Batavia. Work has begun to construct a new Healthy Living campus alongside GLOW YMCA, and the fitness facility at 207-209 East Main St. will eventually be demolished to make way for green and parking spaces.

It will take much investment for the entire plan to unfold, and Genesee County’s Ways & Means Committee has agreed to proceed with an application for a $2 million Restore NY grant to help with the costs.

Before anything else can happen, a public hearing must be conducted about the project to demolish 207-209 and 211 1/2 (rear) on East Main Street. Led by the county, the grant is available for “projects to demolish/deconstruct and/or rehabilitation/reconstruct vacant, abandoned, surplus and/or condemned residential, commercial, and/or mixed-use buildings.”

The county has set two public hearings for 5:30 p.m. Wednesday at the Old Courthouse, 7 Main St., Batavia. In addition to one about the Restore NY grant, there is a hearing about a local law to expand the residency limit beyond Genesee County to open the pool of candidates for Genesee County Sheriff's Office correction officer vacancies.

Rendering of future Healthy Living campus in downtown Batavia, submitted by Rochester Regional Health.

Jeremy Ives

Jeremy G. Ives is indicted on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day. Previously: Arrest made in Elm Street shooting

Iverson M. Davis is indicted on counts of grand larceny in the third degree, a Class D felony, and eight counts of criminal possession of a forged instrument in the second degree, a Class D felony. Davis is accused of stealing property with a value in excess of $3,000 between March 25 and March 28 at Batavia Downs in the Town of Batavia. He is accused of possessing forged Western Union Money Orders.

Elayasia A. Mendez is indicted on counts of aggravated unlicensed operation in the first degree, DWI, forgery in the second degree, falsifying business records in the first degree, and criminal impersonation in the second degree. Mendez is accused of driving a 2014 Chrysler on Clinton Street Road, Stafford, on June 11 on a suspended license while under the influence of alcohol or drugs. She is accused of signing the name "Jada Quinones" on a fingerprint card in an attempt to conceal her true identity. 

Alicia K. Urban is indicted on two counts of aggravated driving while ability impaired by drugs, a Class E felony, and two counts of endangering the welfare of a child, a Class A misdemeanor. Urban is accused of driving impaired on March 29 on East Main Street, Town of Batavia, while two children were in the vehicle.

Amanda B. Hopkins is indicted on two counts of aggravated DWI, a Class E felony,  and one count of endangering the welfare of a child a Class A misdemeanor. Hopkins is accused of driving drunk, with a BAC of .08 or greater, with a child in the car, on Route 63 in the Town of Pavilion on Jan. 21.

Garlyn M. Gause is indicted on counts of criminal possession of a controlled substance in the third degree, a Class B felony, two counts of tampering with physical evidence, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Gause is accused of possessing cocaine on April 24 in the City of Batavia with the intent to sell it. On that same date, he is accused of preventing the use of evidence by concealment, alteration, destruction or by employing force, intimidation or deception. On the same date, is also accused of being in possession of a controlled substance. 

Trevor T. Cooke is indicted on counts of driving while ability impaired by drugs, a Class E felony, and aggravated unlicensed operation of a motor vehicle in the first degree. Cooke is accused of driving a 2006 Chevrolet on April 2 on Bloomingdale Road in the Town of Alabama while his ability was impaired by drugs.

 

Bradley R. Jordan, 29, of Liberty Street, Batavia, is charged with menacing 3rd.  Jordan is accused of threatening a person on Silver Road in the Town of Bethany on Sept. at 6:58 p.m.  Jordan was located by deputies Andrew Mullen and James Stack along with K-9 Frankie and arrested.  He was arraigned in Town of Bethany Court and on that charged released on his own recognizance but held in the Genesee County Jail pending extradition to Clark County, Nevada. No information was released on the charge Jordan faces in Nevada.

Julian Willard Mills, 24, of Hartford Road, Lansing, Mich., is charged with criminal possession of a firearm. During an investigation of a reported suspicious condition on Alleghany Road, Pembroke on Sept. 19 at 11:35 a.m., Mills was allegedly found in possession of a loaded handgun. Mills was released on an appearance ticket.

Nia M. Coppini, 23, of Prestige Xing, Batavia, Jordan P. Kuczyuski, 24, of Bacon Street, Le Roy, Nathan D. Clark, 25, of Central Avenue, Batavia, and Dakota White, 24, of South Lake Avenue, Bergen, are charged with trespass. Coppini, Kuczyuski, Clark, and White are accused of being in the Byron Swamps after dark in violation of posted signs. They were released on appearance tickets.

Designated as a registered National Historic Landmark in 1961, the Holland Land Office Museum has been a treasured staple of Genesee County heritage for decades, which also means the site has taken its share of wear and tear.

After all, the stone museum building was built in 1810, and it was designed by famous Batavian Joseph Ellicott. The county has established it worthy of a capital project, which is to begin with a conditions study. A request for proposal was advertised, and three bidders pitched for the project.

“Wendel was by far the most qualified,” Highway Superintendent Tim Hens said to legislators this week.

Consultant Wendel of Williamsville came in with a bid of just under the $45,000 cap. Hens, the assistant county engineer and deputy highway superintendent reviewed the submitted proposals and recommended the Erie County company, Hens said. He asked that legislators approve the consultant and bid that’s not to exceed $43,324.

The scope of work is for a Holland Land Office restoration study.

“It’s a full, comprehensive look at the building,” he said. “And it should give us a road map of what we need.”

One of the goals is to document each area of the site at 131 West Main St., Batavia, and determine what its future needs might be. The consultants will be assessing “functionality issues,” and the potential to add a Welcome Center, Hens said.

Legislators Gary Maha, Marianne Clattenburg, Shelley Stein, Christian Yunker, Chad Klotzbach, John Deleo, Brooks Hawley, Gregg Torrey, and Gordon Dibble approved the request.

Photos of Holland Land Office Museum from the front, top photo, at the sidewalk along Main Street, and the side next to the parking lot, above. Photos by Howard Owens.

A vote to forward the proposal for a Wings Over Batavia air show was tabled Wednesday after Legislator Gary Maha questioned how much it would cost the county.

“I’m certainly in favor of it,” Maha said during the Public Service meeting at the Old Courthouse. “My concern’s as to the cost to the county … is it $10,000, $20,000, $60,000? We don’t know.”

County Highway Superintendent Tim Hens presented a brief update about the air show, and it has been progressing towards a 2023 date. A Wings Over Batavia Committee has established an LLC to accept and manage funds for the show, Hens said. Each air act would have its own insurance policy, in addition to the LLC, which would protect the county’s liability, he said.

“It has been 25 years since the county hosted an air show,” he said. "There seems to be a lot of pent-up interest in wanting it. And the city has an interest in doing the Wing Ding again.”

A former air show that ran in conjunction with the city’s downtown Wing Ding — Main Street lined with food and craft vendors — was a popular yearly event in the 1990s. Hens came on board with the county just in time for the final one in 1998, he said.

“People have said for years, why don’t we do another air show?” he said to The Batavian after the meeting. “We’ve got the right people in place that want to do it, that are willing to spend the time to plan it, and raise the money to make sure it happens. As far as what they’re asking, the cost to the county … we have a pretty rough idea of how traffic is, going in and out of the air show. It’s different now than it was in 1998. But we can work with the Sheriff’s Office and fire training folks to figure out what the cost of providing traffic control will be pretty quickly, and have it back to the Ways & Means Committee hopefully in October.”

During the meeting, Legislator Marianne Clattenburg voted to table the matter, but voiced her disagreement with the need for it.

“I’m for this. I’d move on it right now,” she said. “I think this is something that we would fully support.”

Maha countered that by stating the group is being asked to vote on unspecified data.

“But we don’t know what we’re voting on, we’re voting on a blank check,” he said.

The costs would mostly pertain to law enforcement time for security during the event, as participants and attendees are willing to pay for the show, Hens said. In the mid-90s, nearly 40,000 people would attend. Formerly affiliated with the Wings of Eagles, the air show ceased when that group moved on to another venue after 1998.

Hens said the next air show meeting is in early October, and he expects to have more details for that month’s Ways & Means members. Aside from attendance revenue, there is also the ripple effect of drawing thousands of people from other areas, Hens said. Those people rent hotel rooms, eat in restaurants and shop locally while here. The resulting sales tax is a benefit to the county, he said.

The air show would be a self-sustaining entity, with the county incurring only incidental expenses from structural items, such as law enforcement time, he said. Organizers would set up a perpetual seed fund to carry it onward annually, he said.

“Air shows are hugely popular. I mean, if you go to the air shows in Buffalo, Rochester, Niagara Falls, there are big throngs of people,” he said. “So it’s a fun event.”

Photo: Genesee County Highway Superintendent Tim Hens, right, discusses a potential air show next year at Genesee County Airport during Wednesday's Public Services Committee meeting. Photo by Joanne Beck.

It was a short court appearance today for Cassandra Elmore, a Batavia woman facing three counts of injuring an animal in a case involving a dog that overdosed on narcotics.

Following an attorney conference, City Court Judge Thomas Burns announced that there were issues to be resolved in the case that needed to be placed on paper.  He ordered Elmore, who is out of jail on bail after being arrested following a previous failure to appear in court, to return to City Court at 1:30 p.m. Oct. 20.

Burns said he will hear motions in the case at that time.

Outside of court, Elmore volunteered to a reporter, "It will be interesting when you get the real case. You will be embarrassed." 

The 30-year-old Elmore was first arrested in July after she had taken her French Bulldog, Oddey, to veterinarians for emergency treatment. In each case, the veterinarians determined Oddey had overdosed on narcotics. Twice the veterinarians said they suspected Oddey had ingested cocaine.  On one occasion, Elmore reportedly said Oddey had found white powder on the kitchen floor of her residences, then on River Street.

Since that arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Twice since her arrest in July, Elmore failed to make her scheduled appearance in City Court. Once somebody called the court and said Elmore was in the hospital. The second time, somebody who identified himself as an attorney from Pennsylvania indicated he was representing her.

Assistant Public Defender Jamie Welch is representing Elmore.

While Elmore remains free on bail as her legal case continues through the judicial process, Oddey remains confined at the Genesee County Animal Shelter.

Top photo: Outside of court, Cassandra Elmore poses for the camera as she walks out of the Courts Facility with her mother. Inside of court, during her proceeding, she blew a kiss at a reporter in the courtroom. Photo by Howard Owens.

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
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received

Western Regional Off-Track Betting Corp. directors this morning approved the creation of a director of Information Technology position at the Park Road entertainment venue.

The board, at its monthly meeting, passed a pair of resolutions concerning IT – the first to establish the department and a director and the second to appoint Jeff Magee of Rochester to the director post.

Magee, who has served as an IT consultant for the corporation, will receive an annual salary of $99,000.

“Jeff’s actually been affiliated with this company for about 30 years,” said WROTB President and CEO Henry Wojtaszek. “So, he is someone who we utilized on an outside basis to consult with and he’s a specialist in the area.”

Wojtaszek said the board decided to replace an IT employee who left the company with Magee, making him a full-time department head.

“It’s almost a neutral budget item because what we're paying Jeff equals what we were already paying him previously as a consultant together with the salary of the gentleman who we're not replacing,” he explained.

Magee may have to fulfill his duties in a makeshift work area for a little while due to the fact that a pipe burst on Sept. 12 and caused serious flooding to the upstairs administration area and also to the gaming floor downstairs.

The board grant permission for Wojtaszek and his staff to make necessary repairs to the damaged floors and furnishings under an “emergency declaration” – without passing a formal resolution at this time.

“We’ll address this and then we’ll bring all the things together (to the board) and they’ll approve everything,” Wojtaszek said, adding that all work will be done “in accordance with our bidding procedures.”

In another personnel matter, the board voted to discontinue providing cell phones to employees, opting instead to authorize a monthly stipend to those employees needing to use a cell phone for business purposes.