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Downs' officials set sights on installation of Park Road enhancements; Bills, Amerks suite license pacts extended

By Mike Pettinella

The Park Road Reconstruction Project has entered the homestretch and Batavia Downs Gaming officials couldn’t be more pleased.

That’s the word from Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corp., and the public benefit company’s board at their meeting this morning.

“It's probably 80 percent complete,” Wojtaszek said. “We expect substantial completion by October 17th and hopefully we will have two-way traffic on the street (again) in just two to three weeks.”

Edward Morgan, chair of the Batavia Downs Operations Committee, reported that Nov. 30 is the “targeted” completion date.

He said that trees purchased by WROTB are scheduled to be delivered tomorrow – and will take a week to install – and light poles (also purchased by WROTB) will be delivered next week and installed during the week of Oct. 3.

Morgan also said that the facility will feature two valet parking sites – the current one at the south end and a new one at the main entrance “to accommodate those (customers) staying at the Hotel (at Batavia Downs).

Wojtaszek said installation of the trees and streetlights will be handled by CATCO, the project’s primary contractor, and subcontractors.

“We're excited about the possibility of the completion by the second week in October and we look forward to a completed, beautiful project,” he said.

When asked by The Batavian about parking at the lot of the former Kmart building across the street, he said WROTB’s lease with Benderson Development, owner of the property, has expired and that anyone parking there is doing so “at their own risk.”

However, he did say that there is adequate parking for the events at Batavia Downs, and that he could foresee another lease agreement with Benderson should the need arise for concerts next summer.

On another front, the board extended its suite license with Pegula Sports & Entertainment for the 2022-23 Buffalo Bills football season at Highmark Stadium in Orchard Park, and a similar agreement with Rochester Arena LLC for the 2022-23 and 2023-24 Rochester Americans hockey seasons at the Blue Cross Arena.

Both contracts were paused in 2020-21 due to the COVID-19 pandemic, prompting the passage of a pair of resolutions to extend them. The cost with Pegula Sports is $103,200 and the cost with Rochester Arena is $37,150 for this season and $38,250 for 2023-24.

Wojtaszek said ticket distribution for the suites are handled through the WROTB marketing department “in a very professional, promotional way.”

“It'll be a combination of tickets being given away in a drawing on the (gaming) floor, which improves the attendance on our floor and improves foot traffic throughout the building, and then through the host department,” he said. “They’ll find good players and make sure that they offer them to come in and enjoy the experience at a Bills’ game (or Amerks’ game).”

In a related move, the board approved an annual expenditure of up to $610,000 for various promotional items from Mark-It-Smart, Inc., based in Santa Ana, Calif. Items are purchased on a per-event basis as part of a “continuity program,” Wojtaszek said, and include luggage, cookware, purses, barbecue items, camping equipment, glassware and small appliances.

In other action, the board approved the following resolutions:

  • Contracts with three Batavia-based companies for a telescopic boom lift, marketing mailers and electrical parts and supplies.

Directors authorized payment of $147,000 to Skyworks, the lowest bidder, for a telescopic boom lift, ending the recent practice of leasing the equipment.

“Now’s the time to take that extra step and purchase it and make it cost-effective for the company,” Wojtaszek said. “It's a safety issue. We have a lot of decent sized projects here, including window washing and construction. It was put into the capital plan, and it was in the budget for this year. The board thought it was prudent to go ahead and purchase it, and I agree.”

The board accepted a bid of $115,000 from Applied Business Systems to send out marketing mailers to patrons and potential patrons over the next year, with an option for WROTB to extend the pact for an additional year.

An agreement to spend up to $25,000 with Falcone Electric for electrical parts and supplies was approved through the end of the year.

  • A five-year extension of a contract with IK Systems, Inc., of Victor, at a cost not to exceed $68,444 to provide maintenance and testing services for the facility’s surveillance system.

Wojtaszek said he has been “impressed” with IK’s performance.

“I actually supervise the surveillance department here on site and I interact with them (IK Systems) very often. They are very timely and they're very efficient, So, that’s a five-year contract, sort of at a reduced price because we did it for an extended period of time.”

  • Electric and natural gas contracts with Marathon Power LLC and NOCO Gas & Electric, respectively, through Oct. 31, 2024. Both companies submitted low bids, with Marathon agreeing to supply electric at .0645 per kilowatt hour and NOCO agreeing to supply natural gas at 0.675 per centum cubic feet.

Concealed Carry revisions are no improvement, county 'vehemently' opposes

By Joanne Beck

There’s no concealing their opposition to the newly enacted Concealed Carry Improvement Act as Genesee County legislators unanimously agreed Wednesday to sign a resolution stating the Act is unconstitutional.

Public Services Committee Chairman Gary Maha believes the act was put together quickly in the aftermath of mass shootings, and it penalizes the wrong people.

“I think it really hurts law-abiding citizens,” he said. “If (criminals) want a gun, they’re going to get a gun.”

Fellow legislators Marianne Clattenburg and John Deleo agreed.

“I think it hurts the honest guy,” Deleo said.

The revisions seem to be “putting up barriers,” Clattenburg said, pointing to the new requirements of training, an interview and having to provide many personal details of one's household. 

“It’s a barrier to your rights,” she said.

They underscored the prominence of the Second Amendment to keep and bear arms, and how the Concealed Carry is no improvement act. 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. 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.

Those with a license shall be required to complete training prior to recertification and must submit to an interview with the licensing officer and provide the following:

  • Names and contact information for the applicant’s current spouse, or domestic partner and any other adults residing in the home, including any adult children of the applicant and status of them residing there full- or part-time;
  • Names and contact information of no less than four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts, or made any statements, that suggest they are likely to engage in conduct to result in harm to themselves or others;
  • Proof of certification of training;
  • A list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicant’s character and conduct.

Not only will the Legislature “vehemently, adamantly and with full resolve” oppose what members believe are “ill-advised provisions,” of the act, but they will also work with other counties to demand its full repeal based on being “unjust, ineffective, vague and unconstitutional.”

As a longstanding defender of citizen rights and the Constitution, the Legislature calls on all other municipalities in the state — and any advocates for freedom and liberty — to challenge this law “by any means possible as unconstitutional,” legislators agreed.

Copies of the county’s resolution will be sent to several state representatives, including Governor Kathy Hochul, New York State Assemblyman Stephen Hawley and state Senators George Borrello and Edward Rath III.

Hochul signed this law on July 1 after what the county Legislature believes was “surreptitiously rushed bills and through to passage under a message of necessity and during an extraordinary session bypassing the traditional rules and procedures of the state legislature. The law then went into effect on Sept. 1, placing “unprecedented and overtly restrictive conditions on applying for, obtaining, utilizing, maintaining and recertifying a conceal carry permit for personal protection and other legal uses as clearly provided for in the Constitution of the United States,” the county’s resolution states.

To read the full law, go to Concealed Carry.

Photo: Members of the county's Public Service Committee, led by Chairman Gary Maha, head of the table, discuss and vote on a resolution opposing the newly adopted Concealed Carry Improvement Act. Photo by Joanne Beck.

Supporters make case for approval of two solar projects along Alexander Road in Batavia

By Howard B. Owens

It's about time to get the show on the road, said supporters of two proposed solar projects on Alexander Road in the Town of Batavia.

The two property owners willing to host the solar farms told Town of Batavia planners Tuesday that the projects are important to them, and a representative for the firm that will install and operate the farms said he would like to finalize a deal soon.

Brian Madigan, the company’s senior permitting manager, sought clarity from planners on what issues remained to be addressed as part of the permitting process.

"I'd like to be sure that I have addressed all of the concerns," Madigan said during the Planning Board meeting. "I want to submit in a timely fashion (a letter addressing all pending concerns) and make sure that you get hard copies, and you have ample time to read it all. It's been, you know, two years for us. We'd like to move on."

"But," responded Board Chairwoman Kathy Jasinski, "it hasn't been two years for us. We do this with all solar projects. We just want to make sure we're doing it right."

The proposed projects are a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Road and a 10-acre, 1.6-megawatt system at 9071 Alexander Road.

The planning board did approve on Tuesday the environmental review, passing what's called a "negative declaration," meaning the projects do not pose any significant environmental risk.

As Madigan tries to address any final concerns, he's also still negotiating a host community agreement with the Town of Batavia and the Genesee County Economic Development Center.  The agreement would ensure payments to the town of solar power generation.

"I have some concern over the timing of being able to get that host community agreement, to get the IDA, the town board and our team all together before your next meeting on October 4," Madigan said. "We are committed to working in good faith to come to an agreement. We presented draft terms to the town, but I'm not sure -- at the pace at which, you know, meetings come together and given our journey thus far -- I'm really hopeful that we could make that final execution of a number (amount of payments in the Community Host Agreement) a condition of approval since it is a town board function ultimately. That for purposes of the planning board, we get a condition that we have to make the town board and the IDA happy."

As much as Madigan wants to tie a bow on the project, the Hylkema family might be even more eager to ensure the solar farm for their property is approved. 

Kerry Hylkema said the solar farm on their private property represents a level of financial security they do not currently enjoy.

Her husband John, she said, is a U.S. Air Force veteran, and he worked in security for the Department of Homeland Security before reaching his required retirement age of 57 after 26 years of service. He is a cancer survivor who was exposed to contaminants at the 9/11 site shortly after the towers fell, and for six months following the attack.

"The income generated from this project makes up for the loss of half of his retirement should something happen to him," Hylkema said. "This secures my family's ability to stay in our home. At the end of the day, this project hurts nobody, is a benefit to the environment, and it keeps the land a viable option for farmland in the future. Please approve this solar project so we can finally plan for our future."

At a previous meeting, several community members spoke in opposition to the projects, and Dan Reuter, the owner of the property for the other proposed project, seemingly addressed some of the objections raised at a previous meeting.

"I'm an engineer by trade and I like to go by facts and not what we can all jump on in this internet rabbit hole, and come up with ideas that might be skewed in our favor," he said. "For me, it's all about facts. It's all about the truth. And you know a lot of these people that have been complaining really need to go to valuable resources, credible sources for information."

He said the projects are in compliance with all of the requirements.

"I don't see a reason why this should not be allowed to go through based on where we are today," he said.

Jasinski said she expects the board will be in a position to vote on final approval at its next meeting.

Top photo: Dan Reuter speaks to the Town of Batavia Planning Board Tuesday alongside Kerry and John Hylkema. Photo by Howard Owens.

 

Wine, scarecrows and pink pumpkins to set the scene downtown Oct. 1

By Joanne Beck

Shannon Maute is not a middle-of-the-road kind of person.

To the contrary, she readily admits that her thought process is all or nothing.

What’s this got to do with the upcoming Business Improvement District’s annual Wine Walk? Everything. Maute, BID executive director,  had already scheduled a scarecrow contest to align with the wine walk for ample decorations along downtown streets. Then someone asked Maute about pink pumpkins. Would it be possible to also dot the landscape with pink pumpkins for Breast Cancer Awareness Month?

“I’m usually like, go big or go home. I'm either doing nothing, or I'm doing way too much at once. So I decided that fall is pretty fantastic, so we needed to do a lot of stuff in the fall,’ she said Wednesday. “We were planning our scarecrows, and I had a neighbor of mine reach out to me, and she asked if she could do a pumpkin that had to do with breast cancer. And I said, of course, and she said, do you think that maybe downtown wanted to participate and do something for it? And I said, if you do a scarecrow that has to do with breast cancer awareness, I will paint downtown pink with pumpkins.”

And so you now have wine, scarecrows and pink pumpkin activities downtown, with the grand kick-off being the walk from 4 to 8 p.m. (VIPs) and 5 to 8 p.m. (general) Oct. 1.

Much of the fun leading up the Dead Celebrity-themed wine tasting has already begun with the scarecrow contest. Entries are due Friday, and individuals, families, organizations and businesses may participate. Rumor has it that Jackson Primary School will be pitching a scarecrow, and Maute said it would be great to get other schools involved.

The entry fee is $20, and registration can be made online at downtownbataviany.com, emailed to director@downtownbataviany.com, our mailed to the BID office at 200 East Main St., Suite 12, Batavia, NY, 14020. For more information, call (585) 344-0900.

Participants can pick up scarecrow supplies from 9 a.m. to noon this Saturday in Jackson Square. Supplies include wooden posts, straw and twine for the beginnings of your scarecrow. They may be put up the week of Sept. 25, and no later than Oct 1. They can remain up until Nov. 4.

Cash prizes will be given to first, second and third-place winners. Your creations will be prominently displayed for shoppers, visitors, and especially by Wine Walk attendees on Oct. 1. The public will be asked to vote for the Best Scarecrow and Most Creative HERE.  

Participants are welcome to go all-out pink with Maute when she hosts paint night from 5:30 to 7:30 p.m. at Lambert Park on Verona Avenue, Batavia. Mele Garlic Farms of Holley has generously donated 30 pumpkins to the cause, she said. Painting supplies will be provided, however, nothing, especially more paint, will be turned away.

“This will be a fun event where people can get together, show their creativity and bring awareness to our amazing downtown,” Maute said. “Any donations of pink paints are welcomed and appreciated.”

Not only has the pink pumpkin task put another angle on decorations, but it has motivated Maute to learn more about the topic, she said.

“I just started reading a lot about that, and knowing how breast cancer and just cancer, in general, affects pretty much everybody, I thought that would be a great way to bring the community together and do something fun, and make downtown look fantastic,” she said. “By October 1, I will have them all decorated downtown. So when everyone comes out for the wine walk, or who's driving down Main Street, they'll see all the pink, and the awareness will be spread for breast cancer.”

The finale, so to speak, is when several hundred dead celebrities gather to sample 24 wines and ciders at tasting stations throughout downtown. Glass Roots on Center Street will be hosting a Sober Station for designated drivers with pizza and other non-alcoholic refreshments.

This event is nearly sold out, but you can check with Maute to find out if any are available for purchase. For more information about any of these events, go to downtownbataviany.com, email director@downtownbataviany.com, or call (585) 344-0900.

Top Photo: BID Executive Director Shannon Maute shows a pumpkin that she decorated for Breast Cancer Awareness Month. Photo by Joanne Beck. File Photos of past scarecrow entries and the 2021 Wine Walk.

Convenience store at Lewiston and Main gets go ahead from planning board

By Howard B. Owens

A long-vacant retail location at 4169 West Main Street Road, Batavia, will soon open as a convenience store now that the man who signed a lease for the property has clarified his plans with the Town of Batavia Planning Board and the code enforcement officer.

Ali Musa started revamping the store, putting up lights and signs, before he cleared those changes with town officials.

Code Enforcement Officer Daniel Lang told planning board members on Tuesday night that over the decade, the file on the property has amassed 487 documents, including 21 different permits, and that after reviewing all of the documentation, Musa's business plan is in compliance with town code and the permitted use for the property.

"So it was not an easy task to get through everything," Lang said. "It was listed previously as retail so it's going from retail to retail, so there is not a significant change of use."

The project needed to come before the board for two reasons.  First, the property has been vacant for more than 18 months so the proposed use needed to be reviewed even though it isn't changing.  Second, the business sign for F&M Convenience needed approval.

By code, there was no requirement for a site plan review by the board.  The use is the same, the exterior of the building is not changing, the size of the sign on the building is unchanged, and the number and configuration of parking is exactly the same as it was for Clor's Meat Market.

"I just worry about the traffic," said Board Chairwoman Kathy Jasinski. 

Lang said, "Based on everything that I've reviewed throughout -- the traffic studies, and there were traffic studies done for every other use -- it doesn't change the use, so by the book, everything meets requirements and the parking lot itself, they have enough square footage for retail."

As for the sign, the proposed sign showed a misspelling. Musa said that would be corrected.  He also said he wanted to add to the sign "phone accessories."  

The board approved the sign with those modifications.

At one point, Musa apparently told the town that he planned to sell cannabis products. There was no discussion of such products being part of the new store's inventory.  

The Town of Batavia's code prohibits retail sales of cannabis products

Lang read a statement he received from Musa about what the store would offer: "Please be advised that we are planning on operating a small grocery store at this premises. We'll be selling groceries, beer, cigarettes, tobacco products, clothing and other miscellaneous household items."

Musa, who said he has operated businesses in Buffalo, said that at this time he does not intend to sell beer or other alcoholic beverages at his new store.

The final clarification had to do with lighting. Musa had installed flashing lights on the building.  Flashing lights are prohibited by town code.  Musa assured planners he won't have flashing lights.  Lang also clarified that any lighting on the property must have guards that keep the light from spilling over on neighboring property.

Once he had the board's blessing, Musa smiled broadly.

"Anything we could help with the community or anything we can come up with together," he said. "Thank you for today. We're happy to meet nice people in the area and we work together for the future. Thank you."

PreviouslyFuture convenience store planned for Town of Batavia

Top photo: Ali Musa, standing, speaking at Tuesday's Town of Batavia Planning Board meeting.

Photos by Howard Owens.

Bench dedication in Le Roy part of ongoing revitalization effort in the Village

By Howard B. Owens

History, art, culture, and community all come together with the installation of four new black metal benches in the Village of Le Roy.

The project is the inspiration of Sarah Farmer, a co-owner of Farmer's Creekside Inn, and a businesswoman who splits time between Rochester and Le Roy.

"This all started in downtown Rochester where we were trying to get away from all the chaos of the riots and all the bad things going on, all the hate. And trying to do some soul-searching with some association members and businesses, and we ended up coming up with this project, called the Black Bench Initiative," Farmer said prior to a ribbon-cutting outside the Creekside Inn on Friday. "Basically, it is something creating a memory of historical significance of different landmarks and important things to each community that they're in."

For Le Roy, the touchstones are fishing in the Oatka Creek, the Barn Quilt Trail, the Jell-O Museum, and a Ginkgo tree. 

Rochester-area artist Stacey Mrva worked with Farmer on the themes and designed and built the benches.

Mrva started welding sculptures in steel while an art student at Syracuse University, and she has seen several of her sculptures become public art in the region.

"I'm an artist but also a craftsperson," Mrva said. "I make things and I like to work with my hands, but most of all, I like to create pieces that can be part of our everyday lives, making art accessible."

The project was made possible with the cooperation of the Village of Le Roy and a $15,000 grant from NYS Homes & Community Renewal through the Main Street Program.

"One of the things that we hope to do in the future is get some more suggestions to do six additional benches along Main Street," Farmer said. "It just creates a sense of gathering, an ability to come down Main Street."

Sarah Farmer and her father-in-law Bill Farmer have more plans to help revitalize downtown Le Roy.

They are going to turn the former bank building across the street into a multi-use event space -- a ballroom, a concert hall, a conference space that will accommodate up to 175 people.

"It will have a bar, a small dining room and a full kitchen," Sarah said. "You can outsource it for private events and weddings and we're gonna donate space to the community for youth banquets and proms and stuff like that."

The top floors will be converted to apartments, she said.

The Farmers also purchased the building next door that used to be a coffee house.  They hope to turn that into a bakery.

"We have to offer a breakfast at Creekside for hotel guests," Farmer said. "Ideally, it'd be really nice to be able to have a place where they can get breakfast earlier than nine."

Her inspiration for restoration and community involvement is her Bill Farmer, she said, who invested more than a million dollars and several years of work to restore the Creekside after a devastating fire gutted it and left it vacant for more than a decade. It's literally become a cornerstone of the Village of Le Roy since reopening in 2017.

"Main Street has been near and dear to my family," Farmer said. "My fearless leader, my mentor, Bill Farmer, he started this very much in the mentality of restoring historic Main Street and of revitalizing the community. I very much have taken that and been very much inspired by that. And I'm so excited to see what we can do in the future. And I'm just so grateful for being able to get this project (the bench project) here."

Top photo: Sarah Farmer, Stacey Mrva, and Shelley Stein, Le Roy's representative on the Genesee County Legislature.

Photos by Howard Owens

Art and nature come together for a project in full bloom

By Joanne Beck

It may come as no surprise that the Community Garden in Batavia is filled with colorful flowers, vegetables and foliage.

That scenery, however, is a flow of artistry painted on each side of five panels displayed at the garden on MacArthur Drive. At 8 feet tall by 4 feet wide, the panels complement the 50 or so plots of land — dotted with colorful flowers and vegetables — being tended to by local residents and organizations.

Artist David Burke of Bergen was commissioned to do the paintings. He is pleased with the outcome and hopes that the public will visit the garden area to see them.

“I just wish I started doing what I'm doing 30 years ago or more, but just the last six, seven years I had a little more free time. I was homeschooling our kids for a while two years ago so I was just always kind of busy, but I just realized I loved painting,” Burke said during an interview at the garden. “And so about seven years ago I just got to do way more of it, and the more I do it, the better I get, and the more I enjoy it.”

Community Garden folks had planned — twice, actually — for an unveiling celebration at the site, however, Mother Nature, as she’s known to do on occasion, had other plans. Rain and wind forced organizers to postpone each unveiling, including a week ago. Jocelyn Sikorski, executive director of Cornell Cooperative Extension, said that perhaps it will be moved to next spring.

In the meantime, spectators can view the artwork from the park side and the high school side. The project was grant-funded and the original idea was “to bring some art up to the garden,” garden committee secretary Richard Beatty said.

Beatty worked on the state grant application for $5,000, which was awarded through Genesee-Orleans Regional Arts Council in December 2021. The money was used for the purchase of materials and to hire Burke — through a committee application process — for 10 panels. They were going to be individual hangings, but discussions about strong winds and how to best place them resulted in five panels, with one mural on each side of tall wooden backboards just inside the southern fence.

The artwork took Burke about two and a half weeks to complete, beginning with one and then working his way down the line so that all 10 were a cohesive mural, as originally planned. A member of GO Art! and artist for both indoor and outside works at the East Main Street site, Bergen Library and Grass Roots, Burke’s muse was often nature — “we did a lot of landscaping and gardening” — he said about himself and his wife.

He recalled having done his first oil painting at 10, and that it was so much fun. As he grew older, though, it became more of an “off and on” thing, the 66-year-old said.

Burke has more recently gotten into abstract expressionism versus what’s in the garden: very large, colorful, unmistakable creations of nature. He wishes that he had taken more art classes at Genesee Community College, where he attended in the mid-70s, he said.

“I just really, really enjoy the tactile physical act of painting,” he said.

Working out the concerns of wind wreaking a little havoc with the artwork, and transfer of the garden from the city to Genesee County’s Cooperative Extension took a little time, Beatty said, but garden committee members are happy with the final layout.

“I think everything turned out very well. They look great,” he said. David is set up so that … they're a nice theme on both sides. So this year, you know, we'll see one side and next year we'll see the other side, and having a vantage point for the folks up at the ballgame.”

The painted panels are situated between a chainlink fence and an audience of pumpkins, vivid pink zinnias and cornstalks. Gardeners are planning to augment those with sunflowers next year, Beatty said.

Committee member and Master Gardener RaeAnn Engler appreciates the grassroots type of project the murals have become.

“The gardeners get to see it and it's colorful and it's cheerful, and I guess that's it. It just accentuates the garden, and in what we're doing here, and it's a mix of vegetables and flowers, and color. The garden itself is to see it when we first plant it is so it's so neat to watch it develop,” committee Engler said. “So far we've got corn growing in front of the panels, which are kind of, one could say they're blocking it, but others say it's accentuating it. It's just really neat how integrated it is.”

The city of Batavia was the original recipient of the grant since the garden was still under city ownership in 2021, however, earlier this year City Council voted to transfer the garden over to Cooperative Extension since it seemed more aligned with the Extension’s goals and Master Gardener program. That transfer has also opened up the garden and board memberships to anyone from Genesee County.

The Community Garden is “a very inexpensive proposition,” Beatty said, listing the prices for three different options ranging from $25 to $35.

“There's full water service. We have a whole bunch of master gardeners that are available for consultation for bugs and the various things that afflict one's garden. So the garden itself is great,” he said. “I have to admit, I was a little dubious of the whole artwork thing, but boy, it looks terrific. It really, really does.”

“A nice plus is to give David some more work … it helps an artist continue to be an artist,” Beatty said. “Sure, that's very important.”

Photos: Artist David Burke of Bergen shows the artwork he painted for the Community Garden in Batavia. The garden is on MacArthur Drive, next to the tennis courts behind Batavia High School. Photos by Joanne Beck.

Tropical Smoothie and Jersey Mike's planned for former Kmart parking lot

By Howard B. Owens

Tropical Smoothie (the business name speaks for itself) and Jersey Mike's (a sub shop) are heading to Batavia, according to paperwork filed by Benderson Development with the Town of Batavia Planning Department. 

The food chains will be part of the two buildings planned for the currently vacant former Kmart parking lot, Code Enforcement Officer Daniel Lang informed the Town of Batavia Planning Board on Tuesday night.

After the meeting, Lang said he couldn't confirm that Starbucks is also one of the planned chains for the new development.  He said Benderson has yet to file any development plans that explicitly include Starbucks.

That's been the rumor, and a "coffee shop" is listed as the drive-thru occupant for one of the two planned buildings on the property, but Lang said in an interview after the meeting that he has nothing official to say that the coffee shop will be Starbucks.

Benderson is planning two buildings in the parking lot. Each will have a drive-thru and contain more than one business.  Benderson has so far indicated that one building will contain the coffee shop, Tropical Smoothie, and Jersey Mike's, but no occupants have been submitted yet for any portion of the other building on the property.

"They have approval for two outbuildings in front of the Kmart," Lang said.  "We only have the permitting right now, everything paperwork-wise for the building shell for the one building, and these are two of the uses going into that one building."

He told the board, "I don't have anything on the second one yet. Once I get it, I will advise you guys of what they are and we'll move forward."

There's no word yet on what might become of the hulk of the building that used to be Kmart on Lewiston Road.

It appears fire stopped in historic structure on Washington Avenue before it was destroyed

By Howard B. Owens
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City Fire responded to a report of a structure fire at 101 Washington Ave., Batavia, and upon arrival found smoke and flames coming out of the south side of the building.

The Victorian-era house has served as the office of Dr. Vladimir Frias for the past seven years, and before that, it was Present Tense Books, and before that, a photography studio.

The office was closed today but Frias stopped by this afternoon and found the fire.

"When I came into the office, I saw the smoke and called 911. There was smoke and there was fire, and I called 911 right away, and then they were here. I came in from the back, the fire seemed like it came in from the middle ... this is terrible," he said. "I love this building too, it's a historic landmark. It's not just a building to us."

Fire Chief Daniel Herberger said he doesn't believe the building is a total loss and may be able to be restored.  There is heavy fire damage in the reception area and heavy smoke damage throughout the building.

The cause of the fire is still under investigation.

The house was built in 1874.

Previously: Structure fire reported on Washington Avenue, Batavia

Two photos above are by Marc Johnson, whose office, Millennium Computers, is on the other side of Washington Avenue.

Guest speaker to discuss the potential for healing during process of dying

By Joanne Beck

Death is not exactly a sexy topic. In fact, it’s right up there with public speaking as a top fear for many people.

Yet, it’s an inescapable phenomenon, as everyone eventually dies. However, the dying have been shown to have end-of-life healing moments, which are contrary to the medical field, where death has been viewed as “a kind of medical problem to solve,” Dr. Christopher Kerr says.

“So you don't get to step off and see the more humanistic view of it. You're looking at it through medicine, and dying is obviously more than organ failure; it’s closing of life. I think where I'm at after all these years, is a more hopeful interpretation that on the one side, the actual experience of dying is less fear and pain-evoking than people anticipate,” Kerr said during an interview with The Batavian. “So the actual dying process is not defined by the suffering one would imagine, necessarily, and in terms of what people experience at the end of their life, I think there's a more hopeful story, that there's a better version than the one that I had previously, which was there was a finality to it.”

Kerr, author of “Death is But a Dream,” public speaker, researcher and medical doctor, will be talking this week about his book and a related study conducted with 1,500 people at the end stages of life. Hosted by First Presbyterian Church and Crossroads House, the event is set for 6:30 p.m. Thursday at the church, 300 East Main St., Batavia.

Have you ever wondered what happens at the end of life? For years, Kerr had avoided the topic and had no interest in digging around to find such answers. Perhaps it was the death of his father when he was just a child or his medical training that focused so much on the mechanical functions of one’s being that pushed Kerr another way.

In fact, he petitioned to get out of the hospice rotation of his training at the University of Rochester, homing in on a career in cardiology.

“I think I was going through a lot of what young doctors go through, which is that you're so enamored by technical medicine, what can be done with intervention diagnosis, that you lose sight of the other side, which is sometimes your role isn't to cure, but to comfort,” he said. “And so I was too busy on a steep learning curve, enamored by everything in so much to learn, and it was such a rich, enjoyable part of life. But what gets lost in that equation is what the patients actually need you for. And sometimes they just need you not to do things to them, but to be present for them.”

He ended up dropping out of cardiology and his path took him to the exact spot he originally had no interest in: as a hospice doctor. As his book jacket states, Kerr has cared for thousands of people who, “in the face of death, speak of love and grace.” It’s seemingly an oxymoron — a peaceful end-stage patient — however, Kerr believes he witnessed the unseen process of death that involved life-like dreams and visions that provided a spiritual balm for the dying.

He noted how patients would often get visits from late loved ones in their dreams, but not from others who had caused harm or hurt in the past. Patients would describe their experiences as more than dreams, and with a resounding reality. Themes of love and forgiveness emerged, providing a journey from distress to comfort and acceptance, he said.

His talk will include actual videos of study participants, all of whom had tested to be lucid, and how they describe their experiences. The Batavian asked if it was possible they were susceptible to suggestion by being part of the research, and he said there was a bias in that everyone was in hospice. But as for them being influenced by the study, it was the other way around, he said: participants were referred to him because they were already having dreams or visions, he said.

Although these dreams connected patients with loved ones from their past, they didn’t contain much in the way of religious symbols, Kerr said. There was a heaven in some descriptions, but no hell, and not many visions of God or Jesus. These episodes were not “a dry run,” as is the case with people who have died and come back to life. Those people seem to return to life with a renewed mission to learn and become a better person, whereas hospice patients — those who know their end is imminent — make healing connections.

“Somebody wrote that our first and last classroom is our family. And that's what people tend to focus on,” he said. “And that's where we learn the messages of faith, of love, and forgiveness. And that's where they return at the end.”

Not so surprising to animal lovers, pets were a recurring theme as well. These studies — which include interviews and surveys of 750 family members — aren’t just for the dying.

“Their death is also the end of a relationship. So it's often in consideration for their family or their loved one. How you view someone dying absolutely affects how you remember them. And so it's really for both,” Kerr said. “I think people are advocating in this generation and really wanting to say that they don't necessarily want the doctor’s version, (for a patient to be) medicalized or hospitalized. So that's what it's for.

“I like to think that we created room for more discussion to step off of their traditional medical role and viewed as more on the whole. The people who tend to get this are people who are truly at the bedside involved in care, so nurses, nurse’s aides, social workers, and chaplains. This doesn't just pertain to the purview of the physician. This belongs to everybody,” he said. “So I hope we're looking at it differently. I don't think you have to understand where it's coming from, or what the cause is, but you at least have some reverence for it. And I think that's what we find; people who've had personal experiences are pretty moved.”

I think the most important thing is to give people permission. And allowing them to share is often very therapeutic. So I think any time you're unburdening somebody, you're helping them in their journey.

Organizers invite you to “join us as we explore such questions through a presentation” by Kerr that will highlight and validate the powerful dreams and visions often experienced at the end of life. Seating is limited and admission is free. Register HERE

Dr. Christopher Kerr, author of "Death is but a dream," along with Carine Mardorossian, was part of a research team at Hospice & Palliative Care Buffalo that spent years researching the impact of end-of-life experiences on hospice patients and their families. His next project is about caregivers. Photo by Joanne Beck.

Law and Order: Batavia man accused of fighting with deputies following traffic stop

By Howard B. Owens

Kyle John Stack, 36, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, resisting arrest, obstruction of governmental administration, and aggravated unlicensed operation 3rd. Stack was stopped on Sept. 15 at 6:15 p.m on West Main Street, City of Batavia, by Deputy Kenneth Quackenbush for an alleged traffic infraction. Stack reportedly fled on foot and fought deputies when caught.  He was allegedly found in possession of a controlled substance. Stack was released on an appearance ticket.

(name redacted upon request), 19, of Batavia, is charged with strangulation 2nd, assault 3rd and petit larceny. xxxx is accused of assaulting a person in a parking lot on Cedar Street on Aug. 29 at 6:26 p.m. xxxxx was arraigned in City Court and ordered to return at 1 p.m. Sept. 14.

  Amber Turner xxxx

Amber L. Turner, 29, of Batavia, is charged with burglary 3rd and petit larceny, and in separate incidents, charged with two counts each of criminal possession of a forged instrument 2nd and petit larceny. Turner is accused of entering a business on Pearl Street, Batavia, on Aug. 23 at midnight with the intention of stealing from the location.  Turner is also accused of giving a person a forged check on Aug. 13 at 10 a.m. at a location on Pearl Street in exchange for money.  She is accused of presenting a forged check in exchange for money on Aug. 14 at 1:44 p.m. at a location on South Main Street, Batavia.

Timmy J. Frazier, 65, no permanent address, is charged with harassment 2nd, trespass and resisting arrest. Frazier is accused of trespassing at a local business on Sept. 10 at 12:18 a.m. When officers attempted to arrest him, he allegedly resisted and attempted to strike an officer.  He was issued an appearance ticket.

Thomas Michael Tacito, 62, of West Main Street, Batavia, is charged with criminal mischief 4th.  Tacito is accused of throwing a rock through a window On Sept. 14 at 1:45 a.m. at a location on West Main Street Road, Batavia. He was ordered to appear in Batavia Town Court on Sept. 27.

Anthony D. Rossi, 42, of Alfonso Drive, Greece, is charged with burglary 3rd and criminal possession of a controlled substance 7th. Rossi is accused of entering a shed attached to a residence on Oak Orchard Road, Elba, on Sept. 14 at 4:27 p.m. with the intent to commit a crime inside the structure. He was allegedly found in possession of crack cocaine at the time of his arrest. He was processed at the Genesee County Jail, arraigned in Town of Batavia Court, and ordered to return to Elba Town Court on Sept. 27.

Calvin Paul Doctor, 33, of Mitten Lane, Alabama, is charged with two counts of menacing 2nd. Doctor was arrested on a warrant stemming from an incident reported at 11 p.m., Sept. 12.  He was arraigned in Alabama Town Court and released on his own recognizance. 

Carlo Robert D'Angelo, 43, River Road, Pavilion, is charged with criminal possession of a controlled substance 7th. D'Angelo was taken into custody on a Federal arrest warrant and allegedly found in possession of methamphetamine at the time of his arrest on Sept 17 at 11:30 p.m. at a location on Park Road, Batavia.

Matthew S. Williams, 34, of Batavia, is charged with harassment 2nd and resisting arrest. Williams allegedly resisted and fled on Sept. 15 at 10:41 a.m. when Batavia patrol officers attempted to detain him on pending warrants. He was taken into custody after a short foot pursuit. He was turned over to the Genesee County Sheriff's Office on pending warrants. After processing at the jail, he was released and allegedly threw a cup of juice at a Batavia police officer leading the harassment charge. Williams was also arrested by State Police and charged with criminal contempt stemming from an incident reported on March 24 at 2:10 p.m. in the Town of Elba. He was released on his own recognizance on that arrest.

Nicole K. Dell, 36, of Warsaw, is charged with DWI/drugs, aggravated unlicensed operation, and inadequate lights. Dell was stopped on May 23 at 2:09 p.m. by a Batavia patrol officer on Ellicott Street Road, Batavia. She was arrested on Sept 13 and issued an appearance ticket.

Jamie S. Kraft, 37, no residence provided, is charged with obstruction of governmental administration, aggravated harassment and falsely reporting an incident. Kraft is accused of making numerous false reports and threatening phone calls to the Emergency Dispatch Center between Sept. 12 and Sept. 13.  Kraft was released on an appearance ticket.

Dylan J. Wilson, 26, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Wilson was stopped on Sept. 11 at 2:44 a.m. on West Main Street, Batavia, by a Batavia patrol officer.  Wilson was issued an appearance ticket.

Christina L. Holley, 19, of Batavia, is charged with harassment 2nd. Holley is accused of striking another person during an argument on Sept. 10 at 3:28 p.m. at a location on Swan Street, Batavia. Holley was released on an appearance ticket.

Jarrod K. Fotiathis, 27, no permanent address, and Julie R. Richardson, 31, no permanent address, are charged with criminal trespass. Fotiathis and Richardson are accused of trespassing inside an abandoned residence.  They were issued an appearance ticket and released.

Cameron A. Coles, 29, of Batavia, is charged with Criminal Contempt 1st and Harassment 2nd. Coles is accused of threatening another person in violation of an order of protection on Aug. 26 at midnight at a location on Lincoln Avenue. Coles was arraigned in City Court and released under supervision.

Jamie L. Broadbent, 39, no permanent address, is charged with grand larceny 4th. Broadbent is accused of stealing an E-bike on Sept. 8 at 6:45 p.m. at a location on Bank Street, Batavia. She was issued an appearance ticket.

Ericc P. Doleman, 52, of Pembroke, is charged with burglary 3rd and petit larceny. Doleman is accused of entering a business and taking a packet from inside the business on Aug. 22 at 1:09 a.m.  Doleman was arraigned in City Court and ordered to return at a later date.

Matthew R. Taylor, 39, no permanent address, is charged with burglary 3rd and petit larceny. Taylor is accused of entering a business on West Main Street, Batavia on Sept. 12 at 9:43 p.m. and stealing alcohol. He was arraigned in City Court and released.

Aaron T. Hendershot, 26 of Batavia (he is also listed as an Auburn resident), is charged with criminal mischief 3rd, obstructing governmental administration, criminal contempt 2nd, criminal trespass 2nd, and criminal mischief 2nd. Hendershot was arrested three times. He is accused of damaging property during a dispute on Ellsworth Avenue on Sept. 10 at 9:45 p.m. He was arrested again on criminal contempt and trespass changes for an incident reported on Sept. 11 at 7:57 p.m. at a location on Ellsworth Avenue. He is also accused of kicking both rear doors of a patrol car resulting in significant damage on Sept .11 at 8:39 a.m. On the criminal contempt charge, Hendershot was ordered held on bail.

Leonard E. Aguayo, 35, of Rochester, is charged with criminal contempt 2nd. Aguayo was arrested by State Police for an alleged incident reported on Sept. 17 at 6:47 p.m. in the Town of Batavia. Aguayo was issued an appearance ticket. No further details released.

Sugeiry Vazquez, 33, of Rochester, is charged with bail jumping 2nd. The charge is out of the Town of Batavia. He was arrested by State Police on Sept. 17 at 2:30 a.m. in the Town of Cheektowaga and ordered held on bail. No further details released.

Matthew J. Dahl, 30, of Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Dahl was stopped by State Police on Sept. 14 at 7:44 p.m. in the Town of Alexander. He was released on an appearance ticket.

Library director to begin new chapter end of next month

By Joanne Beck

There’s a certain library director who bowls, collects cocktail paraphernalia and has taken a “deep dive” into trivia tournaments. This person is also about to head southeast toward Westchester County.

Give up? You won’t make his trivia team — a regional first place winner — any time soon then. The answer is Bob Conrad, head of Richmond Memorial Library for the last eight years.

Conrad has taken a position as director of Chappaqua Library. His last day is Oct 28, and he got a little teary while talking about his past experiences and present relationship with Richmond Memorial Library.

“It’s a fantastic job, a great library. I only hope I’ve maintained the standards,” Conrad said during an interview with The Batavian. “I have a very active, hands-on board. They’re going to really enjoy the process of appointing another director, and show them what’s needed. My transition when I started, the success of it, was due entirely to the extraordinary skill and competence of the staff that I inherited from the previous director.”

Catalogue of accomplishments
He listed what he believes have been “my best work,” including to commission new library cards and logos, helping to introduce the Dolly Parton Imagination program, plus ensure that it’s funded and expanded; write a $25,000 grant from Ralph Wilson Legacy Foundation to broaden the scope of recipients for the Library Visits program to include under age 60 and caregivers.

He launched the Richmond Library Foundation to better manage endowments and solicit additional funding.

The Foundation is funding the library’s student intern this fall, named named the Joe Zaso Student Internship, after a former president of the Friends of the Library. A long-term goal of the foundation is to raise and manage funds for the library's unspecified long-term needs, Conrad said.

He has appreciated the opportunity of working with community members such as city schools Superintendent Jason Smith, who was supportive of the library director, Conrad said. Ever since he began in July 2014, he has found welcoming people.

“It’s always a tremendous privilege to serve at a library in any capacity, but as director, with a board that supports my capacity … from the moment that I walked in these doors, I had friends. And the day I walk out, I'll be missing them.”

The slow metamorphosis
He took a walk way down memory lane, to his first library gig, and the missteps in between. Though, they weren’t really missteps at all, since he enjoyed his part-time jobs at record and book stores, and coffee shops along the way to getting official library jobs.

Conrad was born and raised in Irondequoit, and left for Chicago at 17 to study radio, TV and film at Northwestern University. His goal, he sheepishly admitted, was to find “the best and fanciest college I could get into.” And one that he could also afford, he said. He didn’t just want a degree, but also one from a prestigious-sounding college.

He mulled San Francisco and New York City schools, but his mom wouldn’t let the teenager move to either coast. He settled on Northwestern, which had the best education for a film degree, he said.

And so my second tier of choices were Boston University and Northwestern. Northwestern had the better financial aid package for me as a low-income student. If you say low income in the article, my mom will be so embarrassed. It's her. It's her shame. I have no shame. I tell everyone,” he said. “When I graduated, I didn't really have jobs lined up, or prospects. You know, despite how good the school is, you're still another filmmaker out there.”

A change of (a tell-tale) heart
While working his part-time jobs, he learned something about his goal for a film career.

“One of the things I learned was, I didn’t particularly want to do that any more,” he said.

Conrad, now 47, also took a writing certificate course that produced many successful writers out of his classmates. He pointed to a poster of Seth Meyers on his office wall as an example.

He “really liked my life” then, he said, working in Chicago. And all the while, colleagues would advise him to continue his education. They’d say things like “Bob, you’re a bright young man who doesn't know what he wants to do for the rest of his life, and you want a career that supports creative endeavors and ambitions, good work life balance,” suggesting that he stay in Chicago and get a master's degree in library science.

“‘You could make a career at this,’ they said. And then I pursued my master's in library science. And I thought I would, because I was working in an academic library, I thought that would be my career. And I worked a number of paraprofessional positions in many colleges around the Chicago area and I worked reference desk at community colleges,” he said. “If I sketched it all out in detail, it would horrify you, but that's what young people's lives are like, you know, I need more money.”

He ended up working at a number of branches throughout the Chicago area, including his alma mater Northwestern, Eckhart Park, Herald Bezazian, and Mayfair branches. There were learning lessons throughout it all: in his first weeks at Eckhart Park, ironically while reading a book about rats, he had to diagnose and solve a rat infestation at the library; and at Mayfair learning snippets of Arabic to communicate with patrons.

Things got real when he knew that he could go toe-to-toe with any librarian.

“As a branch manager I recognized also that my skills could could be put on the market nationwide. So I was really looking for jobs in the San Francisco Bay area where I have friends, and in the New York City area at the time, because I wouldn't have minded moving there at the time,” he said. “And the New York City jobs are listed on the same library job ad that the rest of New York State is listed.”

Conrad's choice
As he scouted ads for library vacancies in New York, he found two: one each in Ithaca and Batavia. Having grown up in Monroe County, he was familiar with Western New York and opted to apply to Richmond library. Although he initially thought the city would be more like a Rochester suburb, he discovered otherwise.

“I thought that for one stupid reason, because in high school, our track and cross country teams would race against Batavia. So I made the assumption that Batavia must be a Rochester suburb, like where I was from. But as soon as I got here for the interview, I came early enough to drive around to scope out the lay of the land, I instantly recognized that no, it was its own small city,” he said. “And I started to wonder, is it more of a Buffalo city or a Rochester City? And it did not take me long to figure out it's a little bit of both. I instantly recognized that Batavia was someplace special. It took me the next couple of years to appreciate who lives here. The source of wealth is really agriculture.”

Being a “joiner,” it didn’t take long for Conrad to immerse himself into the community — becoming a member of Kiwanis Club, a bowling team, and Leadership Genesee, and deeply embracing team trivia. His team has played all over the GLOW region, and one season became first place champs.

What’s a tip for being good at trivia? Read widely, he suggested. It was only through a random Roddy Doyle novel he had read that he recognized one of the details to know the answer was Ireland, he said. He fought his team to say the answer, as no one else thought he was right. It was quite unlikely, given the keyword seemed to point to Italy, but that novel earned him rights to do a little ‘I told you so’ strut, Conrad said.

He looks forward to what’s ahead for him, and he expects there to be an interim director while the board conducts interviews for the next director.

“I’m one of those people drawn to this field because I value what libraries value: the power of great ideas, good ideas, bad ideas, and stories,” he said. “Libraries make us better people, and better able to govern ourselves. And I feel like in Batavia, the people I dealt with through this job were the best people in the community.”

Richmond Memorial Library Director Bob Conrad will be leaving his post at the end of October, and going to Chappaqua Library. Photos by Joanne Beck.

Citizen alerts police to suspicious activity, two men accused of trying to steal heavy equipment

By Howard B. Owens
Raymond Hardy Chris Monfort

A citizen alerted law enforcement early Friday morning to suspicious activity on a property on Oak Orchard Road, Elba, leading to the arrest of a pair of Rochester-area men on suspicion of attempted grand larceny in the second degree.

Raymond M. Hardy, 41, of Alpine Road, Rochester, and Chris H. Monfort, 50, of Cave Hollow, Henrietta, are accused of trying to steal heavy equipment from the location.

Dispatchers took the call at 7:11 a.m.  The caller stated he didn't believe the people nor their vehicle should have been on the property they were on.

Deputies responded and investigated.

Besides the grand larceny charges, Hardy is also charged with criminal mischief 4th, and criminal possession of stolen property 5th. 

Monfort was ordered held because of two prior felony convictions. Hardy was released on his own recognizance.

The Road Patrol Division and the Criminal Investigation Division of the Sheriff's Office conducted the investigation.

From rivalry to success story, GC Chamber of Commerce celebrates merger of Batavia and Le Roy 50 years ago

By Joanne Beck

Monroe Davidson, manufacturer of woolen shirts and jackets under the label of Melton Shirts, began on Liberty Street, Genesee Community College moved to a brand new campus on College Road northeast of the city, and the P. W. Minor Company moved its shoe-making business from Jefferson Avenue to the Industrial Park off Pearl Street.

All of those events happened in 1972, also the year that the Genesee County Chamber of Commerce was established. Chamber folks have been celebrating all year long, culminating with a 50th anniversary gala Saturday evening at The Red Osier Landmark Restaurant in Stafford.

Hosted by Chamber staff Tom Turnbull, interim president, and Kelly Bermingham, director of Member Relations and Events, the gala drew 100 local business, municipal, and community members for a year-end celebration.

John Dwyer was the first Chamber president, and he shared a story of how the rivalry between Batavia and Le Roy began in 1947. Dwyer was playing with the Blue Devils, and one particular game pitted the two foes, ending in a questionable touchdown called by the referee. The crowd had veiled the quarterback's catch as people encroached the endzone with wild enthusiasm. Fights broke out, and it was the epitome of mayhem amongst both teams -- and municipalities -- he said.

As a leader of the Batavia Area Chamber two dozen years later, Dwyer recalled having driven past that game location on the way to a meeting at Le Roy Country Club. Despite the odds of merging, Dwyer was charged with making it happen, though he hadn't forgotten his memories of that game and ensuing discord.

Many others before him had failed already, but apparently, enough people felt that it was the right thing to do. 

"And some people understood that we had to make some changes here ... the county level is the one place where you have political input, you can be listened to.  But we needed a plan because we were in desperate need of something, some representation," he said, noting what the sentiment was at the time. "We have to speak with one voice. We have a need for professional help. And the first step, of course, would have been a County Chamber of Commerce, where the businesses had a voice, and tourism, and a political voice and input as the voice of business." 

A historic vote was taken that changed the course of each smaller entity, he said. The rivalry would soon give way to cooperation.

"So anyway, it all finally came together and the night was a snowy night ... I had no idea how this was going to work out. But the editor of the Le Roy paper, he already said he had written an editorial suggesting that this was the right path to take. And he was affirmative about my actions and my intentions," Dwyer said. "And so, as it worked out, on a snowy night at the Le Roy Country Club, the vote was yea. And we ended up at that point with the County Chamber of Commerce." 

Le Roy and Batavia merged, also folding in the remaining towns and villages for a countywide Chamber of Commerce.

The 70s also signaled another path for the city, as it was swept up in urban renewal funding that tore down the heart and soul of downtown. Genesee Country Mall was built, many businesses have come and gone, visions for the city have adjusted to current times, and the Chamber’s role has not only adapted, but expanded, to meet those needs over the years, Bermingham said.

“When I started I was 29 years old, I was young and naive in everything back in 1995. That's when I started. As everyone knows, there was no social media, there was no internet, there was nothing like that. So everything was face-to-face, we had a lot of committee meetings, and we did things … it was more face-to-face, snail mail, things like that. So going from 1995 to 2022, as I look back and I'm like, wow, you know, everything now is social media and Internet. So that's been a huge, huge change,” she said to The Batavian. “I’ve been through … six bosses, so to speak, you know, that I've gone through and right now, waiting to get another one. Right. So let it change. And I will admit, I'm not good at it. But I've learned that usually, on the other side, it's a good thing.”

She admitted to being a little more old-fashioned in the face of texts flying back and forth to communicate. Bermingham would rather pick up the phone and talk to someone, she said. But those are mere details compared to the services offered by the agency, she said, beginning with health insurance and cell phone plans 30 years ago.

As those offerings eroded due to higher technology and other providers, the Chamber took on a higher level of service: providing whatever was needed. Whether that was to get up to speed with a business website, connect to others in the area, or better promote a merchant, the Chamber rises to the challenge, she said.

“I think we really have expanded, I think that we have become the place to go for businesses. We're not your grandfather's chamber, and we're there to do whatever you need. If you have an HR issue, boom. You don't know people, we'll connect you. That's why our promote, support and connect tagline has done so well, because you join, and remember, then we can get you with other team members to support you in any way we possibly can. One of my past co-workers would always say we bend over backward, and we really do. We'll do anything. We'll try to find the answer and we'll try to connect you any way we can.”

Former and now Interim President Tom Turnbull began in 2013, left in March 2021, and returned temporarily as another candidate is chosen. No matter whether the Chamber deals with big or small businesses, he recognizes the biggest one in Genesee County is agriculture. Those farms that people drive by every day are sources for not only ag products, but also for various administrative and food chain jobs besides the obvious ones of tending to the land and livestock, he said.

“Our whole mission is to promote and support business,” he said. “We take a stance on local business; there’s strength in numbers. You can see it happening, it’s on an upswing. Things are happening; it’s headed in the right direction.”

While the national retail market has changed with the prevalence of websites and social media, Turnbull sees success locally of niche retailers, those merchants that are selling products and services that don’t exist quite the same elsewhere. And the more people around, the more they are apt to shop locally, he said.

“Getting those apartments downtown is a good thing,” he said. “When you have more people, you have a need for more services.”

Connecting the dots is important when assessing the business scene, he said. For example, building a Main Street theater means more than just providing entertainment. During rehearsals, actors are downtown, parents are downtown waiting to pick up their children, and all of them create a more dynamic scene, and one in need of places to eat, drink and shop, he said.

The presence of online sites prompted the addition of a related position to take care of e-newsletters, social media posts and related efforts to promote businesses. That job was “a great addition,” Turnbull said. He credits Dwyer — former owner of the famed Thomas & Dwyer shoe store downtown — for being “very visionary” to see the need of a cohesive Chamber that embraced both the Batavia and Le Roy branches.

As for Turnbull’s own record, he is especially proud of three accomplishments during his time: reviving the home show (a good, old-fashioned dose of putting people right in front of businesses); moving to Park Road with offices and space for tourism and a Visitors Center; and working hard during the pandemic to shore up losses felt by merchants, so that they could shift to sell more take-out meals, and understand and navigate pandemic protocols to keep making revenue.

He doesn’t see the Chamber’s role changing much; just the way in which staff does it.

“Our role is to support and promote local business in any way we can,” he said. “As long as we continue to support business, it won’t matter the way we do it.”

Top Photo: Chamber Committee President Mickey Hyde, left, with Chamber Interim President Tom Turnbull, raise a glass and toast 50 years of the agency's existence Saturday evening during the Chamber's gala at Red Osier in Stafford; Founding member John Dwyer shares some thoughts and memories about when the Chamber of Commerce was established countywide; Chamber member and supporter Craig Yunker, left, Director of Member Relations and Events Kelly Bermingham, and John Dwyer enjoy some time on the patio of Red Osier during the Chamber's 50th gala; former Chamber webmaster and online manager Steven Falitico -- who Interim President Tom Turnbull credits for having taken the position to "another level,"  joins other guests at the buffet during the gala Saturday; a book for guests to leave comments for the occasion includes all sorts of praise for the Chamber's success; Tom Turnbull shows off the fancy cake created by Buttercrumbs Bakery in Corfu; and live music entertained attendees during the evening. Photos by Howard Owens.

Loss of Nancy Nickerson means losing a little 'je ne sais quoi' at D&R Depot

By Joanne Beck

Throughout her 90 years, Nancy Nickerson built a network of friends, appreciative customers and loyal staff at the place where she could always be found since owning D&R Depot in Le Roy.

Words such as sweet, welcoming, intelligent, and inspirational seem to flow easily from those who describe her. However, her steadfast spirit may best be defined by how she reacted after a minor stroke in February. Not only did the nonagenarian come back from that, but she actually rebounded mightily, son Jay says.

“She took exercise class and she would do extra reps of the exercise. She kept getting stronger,” he said during an interview Friday. “I’m still working on wrapping my head around … she began to work in that restaurant two years older than I am. I’m taking that as I can still figure out what I want to be when I grow up, I can start a whole new career.”

He and others marvel at the tenacity of Nancy Nickerson, who died Aug. 16, five days after having a massive stroke. Jay tends to believe that she died “getting ready to go to work,” and her body, strengthened from that exercise, kept going awhile longer. Long enough, in fact, to give family and friends time to see her and gain some closure, he said.

It wasn’t easy to talk about his mom without tears, another testament to the impact she made on people. Her countless customers and partners, Sean Valdes and his wife and head chef Jennifer, and restaurant staff will carry on at the restaurant, he said. But there will be a palpable shift.

“I think it’s just going to lose a little,” he said, pausing to find the right word. “Je ne sais quoi.”

A quality that cannot be described or named easily seems to fit Nancy well, as those who tried to describe her captured her essence more than nailing down adjectives. For example, her greatest skill, Jay said, was in finding the right people for the job. He named Sean Valdes as one of them; someone who began as a dishwasher at the restaurant and worked his way up.

Sean was just 14, and has worked with Nancy for 30 years, becoming a part owner for the last 20. As time marched on, he grew to admire this woman who — at 60 years old — decided to go into the restaurant business with husband Don. They revamped the entire place, installed a commercial kitchen, and “she was here literally every day,” Valdes said.

“Seven days a week she was here to greet you and visit each table, and chit-chat,” he said. “She loved her customers, she loved the industry. It wasn’t a job, it was her calling.”

Nancy had prior experience, having worked at Red Osier for 24 years. Don died in 2000, and she kept forging ahead, and “genuinely loved everyone who walked through the front door,” Valdes said. Not that they were always agreeable about every facet of the business,  he said — Valdes was about profit margins and Nancy was about pleasing customers. Her focus on patrons as the bottom line served Nancy well, as did her concern for the community and charity. She began a Community Mondays program that donated a portion of one’s bill to a favorite charity each Monday during a three-month period, and that's just one of her many efforts.

If she was at the end of a 16-hour shift and someone needed ketchup, Nancy would be the one to go and get some from the kitchen, Valdes said. She was a believer in the saying “a rising tide lifts all boats,” versus each man for himself.

“There’s something about Nancy’s drive, intelligence and commitment to customers,” Valdes said. “It will not be the same.”

In the vein of, "if it ain’t broke, don’t fix it," the restaurant itself will continue on status quo, he said. There will be no changes to the menu, hours or staff, as all of those things have worked well, he said. Patti Rubino is part of the serving staff, and she has been there for 21 years. Though strict at first and wanting things to run a certain way, Nancy was “a very good boss,” Rubino said. And she will be missed.

“She loved everybody, and she will be remembered,” Rubino said, listing some of the things that her beloved boss would do: handing out wooden nickels when the train came by for a free dessert at the next visit; creating potpies that were personally served tableside and initiating the onion soup with scissors. (The scissors were to cut through the thick melted layer of cheese.)

Nancy was also known as an avid gardener, often out in the restaurant yard deadheading her prized roses. She was actually more than a boss to Rubino, and a pretty special restaurateur as well, given the response when she died. More than 3,000 people posted comments online and sent flowers and sympathy cards and made donations in her name. Some online comments included “I am so sorry for everyone’s loss. She was a wonderful person who always made you feel welcome,” “Sweetheart of a woman and she will be greatly missed,” and “Such a nice lady with a beautiful personality and smile. May she RIP.”

“She was family,” Rubino said. “She was always there to help somebody out.”

Keeping busy at her livelihood, plus immersing herself in books may have been why Nancy retained a great memory for most of her life. She and her husband would take their kids on excursions that surpassed the typical, such as going to Florida and including museums, botanical gardens and other sites with a trip to Disney World. There were always a lot of experiences like that, Jay said. He credits the restaurant for keeping her sharp and her independent nature for helping to define his own character.

Jay, whose siblings include Judy, Jon, Jeff, Jim and David, was proud to note that out of that entire two dozen years at Red Osier — going from waitress to office manager — his mom only took one sick day, and earned a reputation for a terrific work ethic. Whether or not she had aches or pains, you never heard her complain about anything, he said. She was a true optimist and someone with intrinsic gifts who ended up knowing a lot of people. He would often say to strangers he’d just met, I bet there’s a 50 percent chance that you know my mother. And they usually would.

“Nancy had a way of making you feel welcome. I don’t know how she did that,” he said. “I was always impressed with how she could talk with anybody.”

A Celebration of Life will be held at the D & R Depot from 1 to 6 p.m. Sunday.  All who knew her are invited. In lieu of flowers, the family requests you make memorials to the Jell-O Museum, 23 East Main St., LeRoy, NY, 14482, or the Woodward Memorial Library at 7 Wolcott St., LeRoy, NY, 14482.

Top File Photo of Nancy Nickerson, right, with Sean and Jennifer Valdes at the D&R Depot restaurant; Nancy and Sean promoting their New York-only wine offerings, both photos by Howard Owens. Photo of a birthday celebration for Nancy, submitted by Sean Valdes.

Dog abuse case postponed after VFA letter received

By Joanne Beck

Cassandra Elmore’s case was set for 1:30 p.m. today, and one thing was fairly certain: she would show since she was recently arrested on a warrant and put in jail. She had failed to show up two times previously.

After several other cases were brought before Judge Thomas Burns Thursday in City Court, Elmore was brought in, handcuffed and wearing a neon yellow jumpsuit with Livingston County Jail stamped on the back.

While waiting for her case to be called, Elmore turned to talk with her mother, Lisa, about posting bail, and made a one-fingered gesture to someone else in the gallery area. She was being represented by Assistant Public Defender Jamie Welch.

Judge Burns said that some correspondence was received from Volunteers For Animals, and it, in essence, asked for a “possible resolution to this case,” given that Oddey, Elmore’s dog that overdosed, has been sitting at the county shelter for more than two months.

Burns proposed adjourning the case for a week and set her next appearance for 1:30 p.m. Sept. 22.

Welch and Assistant District Attorney Jenna Bauer agreed. Burns instructed Elmore that, if she was to make bail, she needed to show up for her court date. 

Elmore has missed two prior court dates after initially asking for more time to hire an attorney. Her original charge was three counts of injuring an animal after her dog was found to have overdosed on some type of narcotics.

She failed to appear in court on Aug. 11 (when a friend reported a call from Elmore in the hospital) and Sept. 8 and was arrested in between, on Aug. 30 after a traffic stop. She was charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation third, uninspected motor vehicle, and insufficient tail lamps.

After not showing in court on Sept. 8, a warrant was issued for her arrest, and Batavia Police Department caught up with her on Sept. 10 after a property dispute at 316 East Main St. called them to the scene. She was arrested on the spot.

In the meantime, while her case has been pending and continues to be postponed due to her being a no-show, Oddey awaits his fate at the shelter. He can’t be put up for adoption while it’s an open case.

Volunteers For Animals member Wendy Castleman said Thursday that the dog is doing well. She couldn't answer any questions pertaining to the correspondence because it's an open case, she said.

Future convenience store planned for Town of Batavia

By Joanne Beck

If you have driven past the former Clor’s building on West Main Street Road and thought you saw a sign that later disappeared, you’re not seeing things.

A sign for F&M Convenience store was briefly put on the front of 4169 West Main Street Rd. in the town of Batavia. The site, which sits on a triangular piece of property between Top’s Friendly Markets and Valu Plaza, has been leased, Town Building Inspector Daniel Lang said.

Unfortunately, Ali Musa, the renter, has not taken his business through the proper channels of the town planning board yet, Lang said. His business is set to go before the Town Planning Board next week. Meanwhile, the process has been explained to the new occupant at least a few times, Lang said, yet Musa put the sign up, then took it down as directed, followed by putting up blue and white lights around the front windows. Those have also been taken down.

Property owner Benderson Development is leasing the 1,737-square-foot building to Musa after an 18-month gap in occupants. Musa has also been stocking the future store, although some of his products may not pass town code, Lang said.

Cannabis sales are legal in the city, but not in the town, which vetoed an option for cannabis dispensaries. Apparently, Musa intends to sell related products at the convenience store.

A representative of Benderson Development was unable to provide any details about the renter's plans.

The site was built in 2004 and has served to house several various operations, most notably Clor’s Meat Market, which moved there in 2009. Longtime owner Chuck Gugel sold the business to Kathleen (Kate) Gonzalez in 2013, who closed it by the end of that year.

Other former occupants have been Pizza Joe’s and Georgie Porgies.

Photo: After an 18-month vacancy, the building at 4169 Main Street Rd., Batavia, has been leased for use as a convenience store, but has not been through the Town Planning Board process yet. Photo by Howard Owens.

County proclamation backs recovery, suicide prevention

By Mike Pettinella

The Genesee County Legislature on Wednesday afternoon threw its support behind the community’s cooperative efforts to help those with substance use disorder and to prevent suicides.

The legislature issued a proclamation acknowledging Sept. 4-10 as National Suicide Prevention Week and September 2022 as National Recovery Month – “when millions of people around the world join their voices to share a message of hope and healing.”

Representatives of Genesee County Mental Health Services, Genesee/Orleans Council on Alcoholism and Substance Abuse, Mental Health Association and Genesee County Suicide Prevention Coalition were on hand at the Old County Courthouse as Legislator Gregg Torrey, chair of the Human Services Committee, read the proclamation aloud.

In part, the decree states that county residents “have access to high quality prevention, support, rehabilitation, and treatment services that lead to recovery and a healthy lifestyle, and every day … people begin treatment at behavioral health services and community supports and begin the road to wellness and recovery.”

Furthermore, “Suicide Prevention Week and Recovery Month inspire millions of Americans to raise awareness, build resiliency, and find hope.”

Sue Gagne, a Suicide Prevention Coalition leader, said the proclamation “shines a light on the people who are considering suicide or battling addiction – who often feel very alone in their pain. And it shines a light on all who have lost a loved one to suicide or overdose, allowing them to feel seen.”

Photo: Taking part in the reading of the National Suicide Prevention Week and National Recovery Month proclamation are, from left, Legislator Gregg Torrey; Bob Riccobono, clinical director of Genesee County Mental Health Services; Cheryl Netter, Nickole Millette, Sue Gagne and Amy Kabel of GCASA; Diana Bucknam of the Mental Health Association and Genesee County Suicide Prevention Coalition, and Rachel Mieney, clinical social worker of Genesee County Mental Health Services. Photo by Mike Pettinella.

At 90, Oliver's Candies remains a 'sweet business' that continues to expand

By Howard B. Owens

Joe Oliver in 1939

If not for the Great Depression, Joseph Boyd Oliver may never have left his home in Pennsylvania for Rochester, and then wander into Batavia looking for work and finding instead an opportunity in the small town. 

The opportunity: Turn a family tradition of making blanched peanuts into a business.

To blanch a peanut, you start with raw peanuts -- which Oliver obtained in Buffalo -- boil them in water for three minutes, then dip them in cold water before removing the red skin.  It's time-consuming, tedious work.

Batavians really went for the stark white peanuts, and Joseph and Edna Oliver found that they had started a real business with growth potential. So they looked for other ways to please the locals' unabated craving for snacks, adding peanut clusters to their repertoire and making their concoctions in their Montclair Avenue home.

"No, I had never made any candy before," Oliver said in a 1939 interview. "I learned it all the hard way. There were so many headaches with it, I couldn't begin to tell you what they were.  We just kept going, trying until we got what we wanted."

Blanched peanuts and peanut clusters were the beginning of Oliver's Candies, now in its 90th year. Oliver's will be having a birthday celebration Saturday at the store at 211 West Main St., Batavia.

Joe and Edna moved their business to that location in 1937, renting a house from Sheriff Forest Brown. They sold candy in the parlor and lived upstairs. Eventually, they bought the house and expanded the business until it took over the entire residence.

By the 1950s, Oliver's was selling candy in all 48 states.

Harold Oskamp acquired the business in 1960.  In 1977, he sold it to Dick Call, Bob Call, and Alvin Scroger, then owners of Genesee Farms. 

That ownership group sold Oliver's in 1998 to John Quincey, father of Jeremy Liles, the current owner.

When his parents asked Liles, whose background was in digital publishing, to get involved in the business, how could he say no? Of course, he couldn't.

"I mean, it's candy, it's retail, it's sweet business, really, you have no better words to pick there," Liles said.

Oliver's still makes candy the way Joe Oliver insisted it be made, Liles said -- real ingredients, the original recipes, no cutting corners, and as a result, the business has continued to grow.

Online ordering has given Oliver's a global reach. Liles has been able to expand the wholesale business since opening a plant in Elba, and that northern location also gives Oliver's a second storefront in the county.

It's no wonder that a business born in the Depression has weathered all kinds of economic storms, a world war, and even a pandemic.

"We're doing just fine. It's not like you don't have the generic brands of candy out there, Walmart, Tops, whatever. People's tastes have honed down. People want specialty coffees. They want specialty desserts. People are going to different places looking for these things," Liles said. "I think that's what's helping us tremendously because we are a specialty. We provide unique flavors. We make it fresh. It's made with butter and cream. We're not adding preservatives. It's not being shipped off to some warehouse and then sitting on a shelf forever. It comes from Elba, our factory six minutes up the road, and it's on our shelf ready for the customer."

One of the secrets of the success of Oliver's is employee loyalty.  From the time of Joe and Edna, employees have tended to stay with the company not just for years, but for decades. 

Bill Betteridge started with the business in its early days and made candy for 52 years. Ronald Drock, one of the former master candy makers, worked for Oliver's from the 1950s into the 1990s. The current master candy maker, Doug Pastecki, has been with Oliver's for 26 years.

In the top photo are long-time employees:

  • Diana Cutitta (started 1983) - store associate/cashier
  • Doug Pastecki (started 1995) - master candymaker
  • Anna Liles (started 1999) - giftware associate
  • Jeremy Liles (started 2001) - owner
  • Julie Heale (started 2002) - packing line worker
  • Mary Graham (started 2004) - enrober line worker
  • Megan Palone (started 2006) - general manager
  • Alec Frick (started 2014) - assistant candymaker

Not pictured is Beth Diegelman, hand dipper/decorator who started in1980).

"I guess, for the most part, my family, the families before us, we try to take care of the people who work for us. We're all a family. We try to treat everybody as a family. We're not a big corporate-backed store. We're just a locally owned business and, like anybody else, trying to survive each day," Liles said. "We had some great years of growth and we tried to take care of our employees during those times, and in turn, our employees take care of the business during tougher times, so it really becomes a complete family. Obviously, I couldn't do any of this without them. They are the backbone of this business."

Liles said he's proud to be at the helm of Oliver's as it marks 90 years in business, both for the stability such longevity represents, and the strength of the company to adapt to changing times.

"I love doing this," Liles said. "It's exciting. It doesn't get boring. That's the cool part about it. There are always changes and obviously, in the environment around us, there are changes. Social media, for example, has really been a change. You have gotta be so careful with it. It can help you or it can tear you apart. But that's where, if we keep striving for customer service, then the reviews online will stay five stars, and that's the way we want it to be. I mean, it's all about quality products and quality service. That's why I don't want to outgrow our britches, per se. We need to keep it real."

'God's Good Grace' is bestowed upon All Babies Cherished Family Assistance Center

By Mike Pettinella

Thanks to the generosity of a longtime Genesee County entrepreneur, All Babies Cherished Family Assistance Center has its first “nesting place for women and children.”

That’s how Sue Sherman, ABC executive director, described the five-bedroom house at 441 Ellicott St. that is two doors down from the nonprofit agency’s office. It will serve as a temporary residence for women in need of assistance during their pregnancy.

The home was purchased by Gary Good, an Alexander native who now splits his time between Batavia and Florida, and donated to ABC. He said it will be ready to welcome pregnant women, including some who have already had children, in early 2023.

“We’re calling it God’s Good Grace,” said Good, who serves in a volunteer role on the agency’s Housing Committee. “The goal is to make it easier for women who do not have a place to stay to access the services provided by All Babies Cherished.”

Sherman said that around 35 to 40 percent of the women ABC serves are homeless.

“Many of them have no family support – in fact, an alarming number of young women have been trafficked by their own families.”

A Christ-centered organization, ABC provides a wide variety of parenting classes for moms, dads and grandparents, which, in turn, generates credits to the expectant mothers to receive necessities during pregnancy and for their infants, toddlers and young children.

“We also act as an advocate for the women, helping them to complete their education at all levels and to obtain skills to enter the workforce,” Sherman said. “Additionally, we work with other agencies to set up daycare for them.”

Sherman said ABC’s mission is to give women the tools to make something of their lives “despite the fact that many of them been told they will never amount to anything.”

“The number one reason that women have abortions is because of the poverty situation,” she said. “We’re thankful that Gary has seen the need for a residence such as this and was in a position to make this happen.”

FALL VENDOR FESTIVAL SCHEDULED

The All Babies Cherished Fall Vendor Festival is set for 10 a.m. to 3 p.m. Nov. 5 at the City Centre Mall. Last year’s event drew 90 vendors and raised $4,000 for the agency.

Vendor registration forms are available by contacting Sherman at 344-5660 or by going to www.allbabiescherished.com or www.facebook.com/AllBabiesCherishedPregnancyCenter/.

Photo: Gary Good and Sue Sherman in front of the house at 441 Ellicott St. Photo by Mike Pettinella.

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