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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.

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.

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.

Le Roy High School has long taken pride in its marching band and color guard but putting on a great performance takes dedication and hard work.

Video courtesy Le Roy Central School District.

Video courtesy the Le Roy Central School District

Previously: Le Roy's numeracy coach finds creative ways to get students thinking about numbers

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."

Previously: Future 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.

Press release:

Work for the replacement of the South Lyon Street Bridge over the Tonawanda Creek will begin Monday, September 26th. The bridge was closed in September of 2021 due to structural deficiencies that warranted a replacement. The existing bridge is a modernized version of a “Bailey Bridge” that was installed nearly forty years ago. A New York State Department of Transportation inspection revealed it did not meet the 3-ton minimum load requirement for vehicles to cross safely.

The project includes a new steel truss bridge that was built to meet current structural standards with increased service life and minimized maintenance costs. The bridge consists of two 11-foot lanes with 2- foot shoulders and a 5-foot sidewalk on the east side of the truss. The alignment of South Lyon Street will be modified to improve the intersection with South Main Street and approach work will include a seamless transition to the relocated intersection, existing roadway, and sidewalks.

A small portion of South Main Street will be closed to traffic beginning Monday, September 26th with detours clearly marked. The area of closure and the multiple options for vehicular and pedestrian traffic to avoid the area are visible in the included graphic. Current plans include closing this area of South Main Street during work in the fall, re-opening it to traffic in the winter, and then closing it back down in the spring to finish the bridge replacement work. 

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

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 (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.

Press Release:

Botts-Fiorito Post #576, American Legion, Le Roy, would like to announce with great pride and pleasure Martha Bailey as its selection for the 2022 “LeRoyan of the Year Award."

The “LeRoyan of the Year” is to recognize people who demonstrate the following qualifications and attributes:

• The man, woman or child who exemplifies the true spirit of Americanism, its ideals, love of the flag and country, regardless of race, creed or color.
• Good citizenship – by carrying out these principles, often beyond that expected of him or her.
• Service to the community – signified by excellence in a life of purpose and accomplishment.

Martha has been a resident of Le Roy for the past 39 years along with her husband Russell. 

She has two children Jaime (David Fetzer) and a son Christopher Bailey, along with seven grandchildren. 

Martha is currently employed as an office manager by SmartDESIGN Architecture in Batavia, with past employment at WBTA Radio and Tompkins Insurance. 

Martha is well known as the owner of  Martha’s Smoke Shop, which was on Main St in LeRoy for many years.

Martha’s long list of volunteer work includes being a member of the American Legion Auxiliary, a Past member of the YWCA of Batavia, chairperson for the Le Roy Board of Assessment Review, Le Roy Business Council (where she chairs the annual golf tournament along with the Le Roy’s First Night (New Year's Eve). 

Martha is very involved with the Le Roy Rotary, where she was past president, past assistant governor, Rotary Institute chairperson, past Milne board member, as well as a two-time Paul Harris recipient.   She has chaired many Rotary functions as well as the implementation of Rent-A-Rotarian, REAL (Rotary Excited About Literature), RAMP (Rotary Assistance Music Program), Rotary backpack and Knights Closet.

As a Lifetime member of the Women of the Moose, she was a past winner of Moose of the Year, she is now the first woman elected to a three-year term on the Le Roy Moose board of trustees.  She is the chairperson for many events that benefit many different organizations including, winter coats and accessories for the needs of Wolcott Street School students, Le Roy Jr. Sr High School’s Knights Closet, Crossroads House, The YWCA Safe House and various small club activities.

Martha is a MASTER ticket seller and a PRO at gathering door prizes for all of her events.  If you see Martha coming get your wallet out its going you cost money (always for a great cause).  

To honor Martha, the 53rd Annual LeRoyan of the Year Award Dinner will be held on Oct. 15.  Social hour is at 6 p.m. with dinner served at 6:45 p.m., at the American Legion at 53 West Main St., Le Roy.  A limited number of tickets will be available starting on Sept 23, 2022, at the American Legion Tue through Saturday from 5 p.m. to 11 p.m., or by calling Joan (585) 721-7801.   The cost is $25.00 per ticket (check or cash only).

Photo: Martha Bailey on Friday evening at the Chamber of Commerce 50th Anniversary Celebration. Photo by Howard Owens.

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.

Spring 2020 saw Shinedown’s unplugged “Deep Dive” tour go up in smoke when the pandemic hit. It was going to be a rare opportunity for fans to see the hit-making group play a selection of rarely performed album cuts from across their career.

But fans probably aren’t complaining too much about the tour’s demise because Shinedown used some of the pandemic-instigated downtime to make the new album, “Planet Zero.”

The new album is a departure lyrically in that it’s the most topical of the seven studio albums from Shinedown, which formed in Jacksonville, FL in 2001 and has become one of mainstream rock’s most popular bands.

“When we started making this record, we were at a time when it was very uncertain. When we started writing, the world had just shut down,” Myers said. “It was supposed to be 10 days and it ended up being 16 months, and even more now. So when you’re in a place like that, you have all of this other stuff around you. You have people stating opinions that aren’t necessarily political or racial or anything else, and they’re still getting canceled for their opinions. So there was a lot to write about.” 

Indeed, tracks like “The Saints of Violence and Innuendo,” “No Sleep Tonight,” and “America Burning,” examine the divisions in today’s society. But Shinedown also offers moments of hope and spotlights the need for unity on songs like “Daylight,” “Dysfunctional You,” and “A Symptom of Being Human.”

A unique twist in the album is the introduction of a robot-like character, Cyren, who acts as a narrator and guides listeners through the album and helps connect the themes of the songs.

Shinedown, which also includes singer Brent Smith, bassist Eric Bass and drummer Barry Kerch, is on a tour that stops tonight at Darien Lake Performing Arts Center, building a set list around a catalog that includes nearly 30 hit singles. 

“It gets a little dicey. When you try to make a set list, you want to make everybody happy,” Myers said. “Obviously, you have your, we call them the four corners. You’ve got to play ‘Second Chance.’ You’ve got to play ‘Simple Man.’ You’ve got to play ‘Sound of Madness’ and you’ve got to play ‘Cut The Cord.’ Other than that, you can kind of maneuver around a bit.”

The building has been evacuated.

City Fire dispatched.

UPDATED 1:58 p.m.: The building houses the dentistry practice of Dr. Vladimir Frias, and he was at the scene during the fire rescue. The site was formerly Present Tense book store, which had been there for eight years, and Frias moved in and renovated it for his dental services nearly seven years ago. 

"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."

Top photo: Reader submitted. Above, by Howard Owens.

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.

The Kiwanis Club of Pembroke Corfu Darien hosted its annual car cruise at Pembroke Town Park on Saturday with hundreds of classic cars on display through the afternoon.

Top photo: Gordy McConnell of Elba with a 1924 Model-T hotrod he rebuilt himself.  It features a Chrysler Hemming engine.

Photos by Howard Owens

Chuck Felser of Eden with is 1959 Skyliner.

Bob Wassinger of Clarence with his 1966 Ford Mustang.

Don Wyckoff of Attica with his 1954 Bel Air.

Oliver's Candies celebrated its 90th anniversary on Saturday.

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

Photos by Howard Owens

Press release:

Sheriffs’ Week celebrates the significant contributions made by the Office of Sheriff as an integral part of the criminal justice system in New York State and in Genesee County throughout our history.  Having been established in the State’s first constitution in 1777, and having been continued in every succeeding constitution, it is one of the original constitutional offices of Genesee County first established in 1802.

The Office of Sheriff is currently held by William A. Sheron, Jr.  He was elected Sheriff in 2017 and has worked for the Genesee County Sheriff’s Office for the past 45 years.  Sheriff Sheron is also a member of the Executive Committee for the New York State Sheriffs’ Association.

The Office of Sheriff has evolved into a modern, professionally accredited, full-service law enforcement and public safety agency, manned by fully trained police and peace officers, as well as civilians using state-of-the-art technology and applying the latest and most-advanced theories and practices in the criminal justice field.

The Office of Sheriff is unique in the community, and the duties of the Office go far beyond the traditional role of “Keeper of the Peace,” and extend into many facets of public service, including maintaining the county jail, providing security in our schools, dispatching emergency services, communication systems, animal control, community service and victim assistance, and serving/executing civil process and victim protection orders for our courts.

As a constitutionally empowered Office directly responsible to the people, the ancient Office of Sheriff remains, even today, responsive and accountable to the public it serves.  This week, we celebrate the historical and current contributions of the Office of Sheriff and the significant role that the Sheriff’s Office plays in our modern criminal justice system.

Photo: Submitted photo. Undersheriff Brad Mazer, Legislator Marianne Clattenburg, and Sheriff William Sheron.

Press release:

The Town of Alabama Republican Committee is seeking candidates for recommendations to the Town of Alabama Board. The following positions are open. Town Justice, Town Assessor and the Assessment Review Board. Please send your letter of interest to Earl LaGrou 7420 Macomber Road, Oakfield, NY 14125. Please submit no later than Oct. 7. If you have any questions, you may call Earl LaGrou at (716) 912.8195 or send an email to earl@lwemail.com.

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 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.