In honor of Bob Zeagler, who was well known in Batavia for decorating his Jeep Cherokee for the various holidays throughout the year, especially Christmas, and dressing up in detailed costumes to match, area residents again on Sunday held the Third Annual Bob's Christmas at Batavia First Presbyterian Church.
This year included a Santa's Workshop with presents for kids.
Dr. Virginia Taylor - President, Genesee Community College Foundation, Jeremy and Sandra Liles - Owners, Oliver’s Candies, Honorary Chairs of "Encore" Justin Johnston, Vice President for Development, External Affairs and Admissions at Genesee Community College and Executive Director of Genesee Community College Foundation. Photo Courtesy Genesee Community College
At a gala night celebrating the holiday season -- with the movie theme "White Christmas -- and helping raise funds to benefit students at Genesee Community College through scholarships, Jeremy and Sandra Liles were honored as co-chairs of the 31st Encore event in the Stuart Steiner Forum.
Jeremy Liles is owner of Oliver's Candies in Batavia and Sweet Life Country Store in Elba.
The brief program was followed by a performance of the Genesee Symphony Orchestra.
Tompkins Financial, Presenting Sponsor, "Encore" - Jessica Maguire-Tomidy, Vice President of Operations for Tompkins Insurance; Diane Torcello, President, Tompkins Community Bank Western New York Market Photo Courtesy Genesee Community College
Dr. Jim Sunser conducts the GSO performing "Sleigh Ride" Photo Courtesy Genesee Community College
Photo Courtesy Genesee Community College
Shade Zajac, Conductor of GSO, leads the audience in singing "White Christmas" Photo Courtesy Genesee Community College
Please be advised that Jackson Street from Ellicott Street to Central Avenue will be closed for the duration of this week due to construction on the Jackson Street water project within the City of Batavia.
We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.
Batavia City School District, District Office. Photo by Howard Owens.
Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.
But when does complaining to government officials cross the line into harassment?
That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.
Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.
Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.
The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.
The Charge Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:
He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.
The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication."
In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.
A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."
In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted.
"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."
Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.
Chain of Emails The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence. He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class.
Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."
He invited parents to contact school officials with any problems or concerns.
A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.
She said AcceleratedU was not a "long-term solution" for a sub.
"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.
"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."
Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."
He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."
Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.
She sent 16 emails over eight days. (The charging documents say 12 emails over eight days, but The Batavian counted 16 emails sent by Long in response to its FOIL request.)
Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program.
On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.
That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."
She wrote individually to Reigle and said, "What a very eloquent way to say, 'I don't care.' Thanks a lot. That was sarcasm. Look forward to more emails until you DO SOMETHING."
In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."
In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m.
"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”
Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."
Political Speech Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.
"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."
The Batavian emailed several questions to District Attorney Kevin Finnell. We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.
"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case. Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."
As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.
In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down. He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.
In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech.
"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual. While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."
Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.
"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."
Cases that involve the Supreme Court upholding conduct as speech:
Stromberg v. California, which, in 1931, protected as free speech, the right to display a red flag;
United States v. O’Brien, which, in 1968, protected conduct that conveys a message in a case where a war protester burnt his draft card;
Texas v. Johnson, in 1989, protected flag burning as political expression.
District Response The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case.
Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law.
Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.
"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."
Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.
"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."
To read the full Q&A with both Smith and Marucci, click here.
Prior Restraint Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying.
In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.
Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.
"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said.
A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him.
We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.
The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.
It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.
He said he would love to have a case he could take to the Supreme Court and win. It would help his career. But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.
"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."
Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?
Provided that the dialogue is respectful, fair and reasonable, of course not. The Board and I regularly receive emails from parents in which the dialogue is cordial and respectful.
In this particular case, however, we responded to a situation that called for a firm response. The Board of Education received numerous emails in a very short period of time from Ms. Long with inappropriate and inflammatory language, including one that said, '"Fuck you all. You all are jokes. You call yourself educators. You reap what you sow," and we had no indication that they were going to cease until the issue was resolved to the complete satisfaction of Ms. Long—which we could not do after numerous attempts to find a qualified teacher. In addition, she explicitly indicated that the Board should "Look forward to more messages every single day..."
In Ms. Long’s case, she received two emails from our Board Vice President and two emails from me, so her concerns were in fact heard and responded to in a timely and respectful manner.
While Ms. Long initially stated her concerns in a respectful manner, they quickly escalated.
Are you concerned that her arrest may have violated her constitutional rights?
We brought the concerns to the attention of the Batavia Police Department, and an officer looked into it and determined that her behavior warranted the arrest.
It is the job of the courts and legislature to determine if these laws violate constitutional rights, and while some might disagree with the law’s reach, it continues to be a valid law in New York State.
As educators, are you concerned that her arrest sends the wrong message to students about civil rights?
No, there is no concern regarding the message sent to students about civil rights. This incident actually serves as an educational opportunity. We want our students to learn the importance of engaging in civil discourse in a respectful, reasonable, and fair manner.
Unfortunately, Ms. Long's approach did not reflect these values, which are essential in public education and have been upheld for decades. As an educator and leader, my role includes actively listening to all members of our community and striving to foster mutual understanding and respect.
What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?
There are channels that individuals can follow when addressing their concerns, which our District and Board of Education members consistently follow and encourage.
To be clear, Ms. Long’s concerns were heard, again as evidenced by my response and that of our Board Vice President. BMS Principal Nate Korzelius also corresponded with her.
In fact, due in part to her concerns, we course-corrected and made a few changes to the way the online Spanish class was being taught—changes which Ms. Long acknowledged and appreciated.
Should public officials be shielded from annoying and upsetting speech?
No, not at all, but when it crosses the line, as it did in Ms. Long’s case, there are laws on the books that are designed to prevent this type of inappropriate behavior, as well as the BCSD Code of Conduct, where parent behavior is also addressed.
Our Board of Education and our District communicate and listen to our families and students every single day. Is every single situation resolved to the satisfaction of all? Of course not—that is nearly impossible. And again, in Ms. Long’s case, we responded to her concerns, and addressed them to the best of our ability in a timely and respectful manner.
As a school district, we deeply value the rights of parents and community members to express their concerns and opinions. We understand and respect the importance of open dialogue and encourage our community to actively participate in discussions about our schools' operations and policies.
However, it is equally important to maintain a respectful and safe environment for everyone in our school community, including our board members and staff. While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language.
In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff, and upholding a standard of respect and civility in our communications.
We remain committed to transparency and accountability in our operations and continue to welcome and value input from our community provided it is expressed in a manner that respects the dignity and rights of all individuals involved.
John Marucci:
Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?
Our decision was not about seeking charges against a citizen. Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue.
We value and address all respectful and constructive conversations with parents and community members.
In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being.
Are you concerned that her arrest may have violated her constitutional rights?
As a Board, we respect the legal process and constitutional rights. Our role was to report an escalating concern; the legal system, guided by New York State law, determines the rights and violations. We trust in this process and its ability to uphold the law and protect rights.
As educators, are you concerned that her arrest sends the wrong message to students about civil rights?
There's no concern about a wrong message on civil rights. This situation highlights the importance of respectful and civil discourse when expressing concerns.
Our entire community, including the Board, administration, teachers, staff, and parents, are working together to foster a thriving and supportive educational environment. To do this, we must engage in more constructive conversations.
What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?
We believe in open, respectful dialogue with all community members.
We always strive to balance the need for respectful communication with the right to express concerns, ensuring everyone is heard but within the bounds of civility.
Should public officials be shielded from annoying and upsetting speech?
Freedom of speech is a cornerstone of our community values, but it comes with the responsibility to maintain a respectful and safe environment.
While we listen and respond to all concerns, there is a line where speech becomes disruptive or harassing.
Our actions, in this case, were to protect the well-being of our school community and uphold a standard of respect and civility, not to suppress free speech or discourage community engagement.
Scotty DiMartino, Cassie Piccione and Tom Burke used their stagecraft experience to put on a light show at DiMartino's residence on Woodrow Road in Batavia on Saturday evening.
It was a faith-filled Second Sunday of Advent Sunday morning at Ascension Church at Resurrection and Ascension’s combined Faith Formation programs, with:
Card making for nursing home residents
Food and conversation
Discussion about Church and family Advent & Christmas traditions
Catholic Charities of Buffalo announced the members of its Appeal 2024 leadership team which include Kevin Gannon as chair, Michael Noe, MD, MPH as vice chair, Gina Giese as parish and community division chair, and C. Kevin Brayer and David Wolf as corporate division co-chairs.
Submitted photo of Kevin Gannon.
After previously serving as both vice chair and parish chair in recent years, Gannon is taking on the role of chair as the annual Appeal marks 100 years in 2024. Gannon is the chief sales officer of Azeros Health Plans and has more than 35 years of experience as a benefits broker. He is a member of the St. Vincent de Paul Society and serves as a committee member at OLV Homes of Charity. Gannon and his wife reside in Hamburg and belong to Saints Peter and Paul Parish in Hamburg.
Appeal 2024 Vice Chair Noe is an emeritus clinical professor in the School of Public Health and Health Professions at the Jacobs School of Medicine and Biomedical Sciences.
Submitted photo of Michael Noe, MD, MPH.
Recently retired, he previously served as associate dean for community relations and clinical affairs and director of the school’s residency program in preventative medicine. Dr. Noe also held various senior administrative positions during his career with Kaleida Health. He is a long-time member of the Bishop’s Council of the Laity and serves on the board of directors at Brothers of Mercy campus facilities, at Harvest House Buffalo, and at The Family Help Center. Dr. Noe resides in Clarence and is a member of St. Gregory the Great Parish in Williamsville.
Submitted photo of Gina Giese.
As parish and community division chair, Giese works with both parish Appeal teams as well as Catholic schools, parish societies and other local organizations throughout the eight counties of Western New York. She is a senior vice president and retail regional manager with M&T Bank and serves on the Genesee Community College Foundation board. Giese and her husband, Deacon Walter Szczesny, are members of Ascension Parish in Batavia.
Submitted photo of C. Kevin Brayer.
Brayer returns for his fourth year as corporate division co-chair, to direct a team of volunteer business leaders and develop strategies for seeking contributions from local corporations and small businesses. He is the retired executive director of the St. Bonaventure Buffalo Center and a long-standing parishioner of St. Louis Church. Brayer also serves on the Bishop’s Council of the Laity, the Foundation for the Roman Catholic Diocese of Buffalo, and the board of directors for the Ronald McDonald House. He resides with his family in Buffalo.
Submitted photo of David Wolf.
Also named corporate division co-chair, Wolf is a senior financial advisor with Excelsior Financial. He holds the Chartered Retirement Planning CounselorSM (CRPC®) designation and has more than 25 years of experience servicing both individual high net worth clients and small businesses. Wolf resides in North Buffalo with his family and are members of St. Mark Parish in Buffalo.
“Volunteers are, and always have been, the backbone of the annual Appeal – their dedication make it happen year after year for the past century,” said Deacon Steve Schumer, president and CEO, Catholic Charities. “We are grateful for the support of Kevin and the entire leadership team to spearhead our centennial Appeal efforts and look forward to a successful campaign in 2024.”
The annual Appeal, which is celebrating its 100 year in 2024, kicks off in January and runs through June 30. Funds raised during Appeal 2024 support Catholic Charities’ 57 programs and services, along with several ministries through the Fund for the Faith. More than 145,000 people of all faiths were served by Catholic Charities last year. For more information or to donate to Appeal 2024, visit ccwny.org/donate.
Rick Mancuso gets ready for the annual Christmas dinner at his T.F. Brown's restaurant in Batavia as the free offering heads into its 30-plus-year existence. Photo by Joanne Beck
Winter Storm Elliott, a COVID pandemic, and some burnt turkey were some of the hurdles thrown in the way for Rick Mancuso and his crew to continue with their free Christmas dinners for the last 30-plus years.
But those things never dampened the spirits of Mancuso, fellow organizer Joseph Teresi Jr. and their family members to prepare and serve up some turkey, mashed potatoes and fixings to hundreds of community members year after year, Mancuso said. And actually, the pandemic forced them to streamline the operation, which ended up serving even more people.
“We used to do a sit-down when it was at Mancuso’s Restaurant. Then, with the pandemic, we did a drive-through at T.F. Brown’s. For the last four years, we have done it that way and served 350 meals,” Mancuso said. “Giving back is something I enjoy doing. Joe was involved from the beginning with everything. He and I have been friends since we were kids. My brother Ben was most instrumental when it began at Mancuso’s. Then, he ended up moving to Rochester.
“It’s great. I mean, I’m really happy and pleased that we have the opportunity to do it. And we’re thankful to the community that supports it. Christmas has a lot of meaning, to everyone,” he said. “It’s a wonderful time for us to be able to be grateful and thankful, and to try and help others that are interested in having a meal or a little cheer themselves on a day that maybe might not be as promising for them, happy for them.”
Community service has been a tenet of the Mancuso family, and the kids all watched and followed their role models, parents Benjamin — a larger-than-life staple of Rotary shows and member of the children’s foundation, Lion’s Club and other local organizations — and Mercedes, by also getting involved. Rick, his wife Julie, their children and now their grandchildren have all evolved into the tradition of either prepping, cooking, packaging, handing out and/or cleaning up the Christmas meal every Dec. 25.
“They all set aside their Christmas Day, knowing that we do this first, and then we get together as a family, with our dinnertime at four o'clock or so,” he said.
Teresi, his wife Mary Beth, and his family have also all been integrally involved in the process. It was at Teresi’s nudging that Mancuso talked about the 30-plus anniversary, though Mancuso couldn’t help but joke that his good friend was out of town and unavailable to share in the interview.
Another component is T.F.’s staff, which helps out to prepare the meal in the days leading up to the dinner, Mancuso said. It’s definitely a team effort, he said.
“A large part of it is, they do a magnificent job of prepping it all,” he said. “I may come in the morning and get it all ready, but they spend up to Christmas Eve prepping it all.”
How much are we talking about? More than 100 pounds of turkey breast, 150 pounds of mashed potatoes and stuffing each and about the same of cranberry sauce. While that traditional crimson holiday sauce has been debated about whether it comes from a can or is made fresh, Mancuso isn’t ambivalent: “Ocean Spray makes a great cranberry sauce,” he said.
Some vendors donate products while T.F.’s covers the remainder of the cost. The event is “open to anyone and everyone,” he said and predominantly attracts families with some couples as well.
When asked if it seems as though it’s been 30 years, he initially said, “It doesn’t seem long.”
“But when you think about it, it is long,” he said. “When you see the kids growing up, that’s when you notice the time. I hope that I’m passing on the legacy my mom and dad passed on to us, in terms of being involved in your community, helping others, lifting others, I think that’s important. And when I’m gone, hopefully, they continue to do the same in their community. It doesn’t have to be this, whatever it may be.”
Another sign of the times is the prices — of food, deliveries, gas — “things have certainly changed through the years,” he said. But that hasn’t been the focus of these dinners. No way he could tally the vast amounts of volunteers who have pitched in to help — hundreds, he said — that included the Lions Club early on.
Snafus? There’ve been a few.
“One year, I burned the turkey, mom was with me,” he said. “ We pulled a rabbit out of our hat. It’s a great day, and you overcome.”
They have also overcome terrible weather — the blizzard of 2022 when most all roads were shut down — and the coronavirus that caused even more severe shutdowns for restaurants and schools and government buildings. That’s when Mancuso shifted to outdoor food service, along with other restaurants, and it ended up being a mixed blessing that catered to more of the community.
“We would have had to be here from morning to night to serve that many people,” he said.
They went from sit-down dinners of around 80 at a time to two shifts of about 200 packaged meals at a time delivered to one’s vehicle outside the East Main Street site. Mancuso also has a raffle of a couple of bicycles for kids for an extra fun bonus.
Letters go out to the local schools to let people know about the dinner, and pre-registration is required so that organizers can be prepared with enough food. Register by Tuesday with Tammy at 585-345-1000 or email tammy@mancusorealestate.net. Select either noon to 1 p.m. or 1 to 2 p.m. pick-up time, and include last name, phone number and number of adults and children.
T.F. Brown’s is also hosting its annual Ugly Sweater Contest from 5 to 8 p.m. Thursday at 214 E. Main St., Batavia. Bring a new unwrapped toy to benefit Don Carroll’s Toys for Kids, and you will receive a free beverage. Entertainment will be provided by the DSP Jazz Trio.
Signs of life, albeit temporary tidying up before winter, at Ellicott Station in downtown Batavia. Photo by Howard Owens
There have been signs of life at Ellicott Station, if for no other reason than to button up the property just before it officially becomes winter.
Construction vehicles have been parked on the premises, and Public Works Director Brett Frank confirmed that staff has observed a few subcontractors who were “closing up the building and moving materials in preparation for winter weather” the past week or two.
The Batavian has been regularly checking in with City Manager Rachael Tabelski for any updates about the property, and she was told by investors that "the building would be winterized," she said.
"HCR, the bank, and the investors continue to work on a takeover/transition plan with other interested housing developers/operators," Tabelski said.
HCR is the state Department of Housing and Community Renewal.
The Ellicott Street property has been fairly dormant since late August when former developer Sam Savarino announced that he was closing his Savarino Companies. There apparently won't be any further construction on the apartment complex until a new developer is in place, and tenants that were chosen for the 55 rental units have been advised a while ago by Savarino's management company to find alternative housing.
The Batavian had also asked Tabelski for a response to how Ellicott Station seems to be representative of what some communities are fearful may happen to them -- the town of Pembroke as one example -- and is named as some type of icon of doom that other developers don't wish to be compared to.
"Respectfully, I think the characterization of Ellicott Station as the 'icon of doom' is overdramatic," Tabelski said. "I understand there is disappointment with the project, but our strong hope is another developer will see this as an opportunity to invest in our city. The final verdict on the success of this project is still out.
"The city is focused on moving forward, working on creating housing that adds tax base and gives middle and higher earners the products they demand, as well as active seniors, who want to move to apartments/condos with less maintenance," she said. "The (Batavia Development Corp.), with participation from the GCEDC and city, hosted a very successful developers tour on (in late November). There remains a lot of interest in developing projects in our city."
The Genesee Community College Foundation hosted its 31st season of Encore on Friday in the Stuart Steiner Forum.
The gala, sponsored by Tompkins Financial, helps the foundation raise money to support student scholarships.
This year's co-chairs were Jeremy and Sandra Liles. The theme of the event took its inspiration from the 1954 classic holiday film, "White Christmas."
Genesee Symphony Orchestra performed a selection of holiday favorites.
Jeremy Liles is a native of Genesee County, the owner of Oliver's Candies and Sweet Life Group, its parent organization, and has managed Oliver's Candies for over 20 years. Jeremy is actively involved in his local community and currently serves on the Genesee County Chamber of Commerce Board of Directors and has served on the Batavia Town Planning Board. Sandra is a New Hampshire native who moved to Genesee County in 2005.
Sandra opened Sweet Life Country Store in Elba and has managed the operation for the past five years. She says she enjoys working with many different local product vendors and artisans to make their wares available to the public at this store, as well as partnering with other local businesses to benefit the community. Jeremy and Sandra reside in Batavia with Tahlia, the youngest of their three children.
These photos capture the cocktail hour and dinner service. The Batavian anticipates further coverage on Monday.
State Sen. George Borrello and Jeremy Liles, co-chair of the gala. Photo by Howard Owens.
Batavia resident and local small business owner Diana Kastenbaum. Photo by Howard Owens.
Toby and Charlie Cook. Charlie Cook is chairman of the board of Liberty Pumps in Bergen. Photo by Howard Owens.
Jim Sunser, the soon-to-be-retired president of GCC. Photo by Howard Owens.
Joann Hayes, Bill Hayes, and Paul Saskowski. Photo by Howard Owens.
Photo by Howard Owens.
Laura Taylor, a fashion instructor at GCC, shows off one of the dresses designed to display at the gala to help capture the theme of the movie "White Christmas." Photo by Howard Owens.
Peter Wybron displays one of the dresses designed for the gala. Photo by Howard Owens.
Zorro, one of the kittens who was in foster care with Volunteers For Animals and is now up for adoption. Submitted Photo
Genny the cow, in a field near her barn, looked up at the sun over Genesee Farm. While the pig rolled in the mud and the horse pranced nearby, Genny just stood there, transfixed by the sky. What are you wearing? The dog asked with a bark. “I need these safe glasses until it gets dark.”
If you have already purchased your copy of “Genny Sees The Eclipse,” this charming introduction will be familiar, as it leads the way, along with a bunch of whimsical animals, to learn more about a total eclipse that’s nearing our world right on April 8, 2024, right here in Genesee County.
As for the cow, horse, pig, dog, and many other creatures that will also need some help to understand why it has suddenly gone dark in the middle of the day, at least four local rescues — all of which will benefit from the sales of this book — will be there for their occupants’ once-in-a-lifetime moment.
Volunteers For Animals is a longtime nonprofit staple based in the Genesee County Animal Shelter at 3841 W. Main Street Road in Batavia. Vice President Shanna Shaw, who says that her more prominent role of late is as kitten coordinator due to so many pregnant cats in the community, acknowledged the heavy and constant need for both cats and dogs, but with a special emphasis on felines at the moment.
“There are about 40 cats and kittens in the foster care system,” she said. “Resources are always needed, people coming to help clean is a need. So it's just a matter of cleaning, feeding, caring for the animals, and doing the daily operations that you need just to get started for the day. We need people to come and help with cleaning and feeding the animals, scooping litter pans, and exercising the dogs, that in the morning seems to be we're having challenges with keeping up with that,” she said. “And then just like the typical supplies like bleach and laundry soap for a high energy machine. We probably do seven or nine loads of laundry a day. So we go through a lot of that. Clay cat litter is always welcome, as well as canned dog food. So those are some of the things usually on our wish list. But you know, having more people willing to come in and clean is one of our more immediate needs.”
Actually, human hands to help out is a need at each one of these shelters. And as for the book fundraiser, monetary proceeds will go toward the animals’ medical needs and/or a spay and neuter program to help reduce the animal population and even more unwanted four-leggeds.
Shaw talked about Loki, a cat who came to the shelter pregnant with six babies. One of them did not survive, and another has been adopted. Four of her kittens are now up for adoption and just waiting to be taken into a warm, snuggly home.
If you are interested in volunteering, call 585-343-6410, Ext. 7, and ask to speak with Animal Control Officer Catherine Seward or Sarah Fountain. For more information about the animals or shelter, go to vol4animals.org.
Slim the horse that "started it all," founder Maryanne Arena says. Submitted Photo
On the other side of the county with four-leggeds just a little bit bigger and taller — well, a whole lot bigger, heavier and taller — is Maryland, a Haven For Horses, at 8132 W. Bergen Road in Le Roy.
The nonprofit is Founder Maryanne Arena’s dream come true, and it “promises horses a safe and dignified retirement after racing,” she said.
“What makes MaryLand different is that we do not rehome,” she said. “Once a horse is accepted here, it will live out its natural life on the farm. We had 10 horses, but we were able to reunite an original owner with two of her former racehorses. We have two slots open and had hoped to fill two stalls for Christmas, but we need help.
“Our horses are stabled and it costs a great deal of money to stable horses during the winter months. We are constantly fundraising,” she said. “The money will definitely go to the care and maintenance of the horses, and fencing repair, and the goal is to fill the two stalls.”
The money raised from book sales will go toward giving two Standardbred horses “a safe home for life.” For more information, go to marylandhorsehaven.org.
Daisy the llama. File Photo by Joanne Beck
Just to the northwest of that is Mockingbird Farm Sanctuary at 5978 Upper Holley Road In Byron.
Jonell Chudyk co-founded the nonprofit with Jon Tedd to provide, as the name implies, a sanctuary for creatures of all various types, with a compassionate heart and loving touch for their ultimate comfort through the remainder of their lives.
From Ferris and Forest to Barnaby, Anne and Gilbert, the goats, miniature donkeys, pigs, chickens, cows, geese and others that have a comfy niche carved out on the Upper Holley Road property, they have what Chudyk believes is a mutually beneficial and responsive relationship with their human caretakers in this corner of a world of kindness.
None of it happens without cost, both time and money, it takes $6,000 a month to care for the animals, with vast amounts of hours of cleaning, feeding and caring for the sanctuary animals, Chudyk has said.
The farm has two holiday wish lists at Chewy and Amazon and has an ongoing goal this year to raise $15,000 to buy hay for the winter season. Volunteers are always a need for the daily care — scrubbing and filling bowls and buckets with food and water, cleaning their beds, providing for medical needs, and other such tasks, while also enjoying the critters’ individual personalities, of course.
“Mockingbird Farm Sanctuary embodies true peace and sanctuary for the living beings in our company,” the co-founders say.
For more information, go to mockingbirdfarmny.com.
Jerrit, the tenacious elderly and blind Belgian that still does "everything a horse should be able to do." Submitted Photo
Cherry Hill Farm Sanctuary, at 2514 Genesee St., Corfu, began as a refuge for senior horses that were discarded after years of work.
“Over the years, we have grown. We now take in a multitude of farm animals, including goats and fowl, but our focus is senior workhorses, founder Pam Harmon said.
“Currently, the farm is working to add a goat barn that will move our goat herd from the horse barns to their own space. As we have grown, taking in animals other than the horses has been challenging. We are hoping to divide up our indoor space so that it is easier to turn out horses and not need to move our entire goat herd to do so,” Harmon said. “Along with that challenge, winter is always a challenge with senior animals. The horses are moved off the big pastures and turned in at night. Several have special dietary requirements due to lack of teeth, and the cold makes it harder to do our everyday chores.”
The money raised from the book will be used to help update some of the farm’s fencing for the blind horse herd, which includes Jerrit, an elderly Belgian who has no eyes. Blindness is not a rarity on the farm, as there are several blind draft horses there — “it is one of our soft spots,” she said.
“We currently have three draft horses that are fully blind. Jerrit an elderly Belgian, had his remaining eye removed due to cancer. He was our first draft horse that we took on that had a missing eye,” she said. “We quickly learned that even though he was missing an eye, it did not hinder him from doing everything a horse should be able to do.”
For years, Jerrit was the leader of the sanctuary’s large herd, but a few years ago, Jerrit started showing signs of cancer in his remaining eye. It quickly progressed, and he had to have his remaining eye removed. “This was not an easy decision for us, we wanted to make sure Jerrit could still have a good quality of life without his eyes,” she said. “We decided that we would take the chance, and if Jerrit did not acclimate to his new life, then we would have him humanely euthanized.
“He has proved to us that a horse without any eyes can still enjoy their life. We have modified a pasture for his needs, and up until this year, he lived with Bess, who never left his side. Bess passed this Fall, and we have been working towards finding another companion from the herds for Jerrit,” she said. “Fletcher and Jake suffered from accidents while in work that left them blind; they came to CHFS this Fall. We also have NaLady and Callie, who have had one eye removed due to cancer.”
For more information, go to cherryhillsanctuary.org.
On nights in the stalls when the grand calves won’t sleep, to help them drift off, Genny doesn’t count sheep. She tells them again of the glorious sight: the eclipse, when the moon turned the day into night.
To get your copies of this limited edition children’s book — perhaps for a Christmas, holiday or simply as a commemorative gift while also helping out these rescue organizations — go to the Chamber office at 8276 Park Road in Batavia or online at https://shop.geneseetheeclipse.com. You can save on shipping costs by picking it up at the Chamber Visitor Center.
GO ART! is asking the community to submit stories for our antique photos in our new Bethany Arts & Antiques Gallery.
Our executive director has painstakingly procured many antique black and white and reverse colored photographs in antique oval frames, numbered them and put them on display in our newest gallery. We are asking the community members to stop in to GO ART! check out the photographs and if you are so moved submit a story about one or more of the photos.
After GO ART! staff reviews each story we will publish one for each of the photographs to our website. These stories can be created in your imagination or a memory about a relative. Either way, visit our website at https://goart.org/baagallery/ or come in and scan the QR code in the gallery to submit your story.
The water construction project that began in mid-November along a portion of downtown Bank Street is expected to be completed by the end of December, except for pavement restoration, “which would need to take place in the spring of 2024,” Public Works Director Brett Frank says.
The project included the installation of 932 linear feet of new 8-inch water main to replace existing 4- and 6-inch water mains on Bank Street from East Main Street to Washington Avenue.
This updated infrastructure will service the future police station to be built at the corner of Bank Street and Alva Place, Frank said, but is also “a needed infrastructure upgrade of roughly 950 linear feet of water main.”
The top-ranking official of Western Regional Off-Track Betting Corp. says many factors will be taken into consideration in the coming weeks to determine the future of the public benefit company’s OTB branches.
Meanwhile, the representative of the employees’ union is reiterating her insistence that the workers at those eight locations are included in the process.
With only two of the branches projected to show a profit for 2024, management and the board of directors will be taking a deep dive into that segment of WROTB’s organization soon after the first of the year, President/Chief Executive Officer Henry Wojtaszek said on Friday.
“It’s definitely a concern, and it’s something that the board has asked us to address,” he said. “We will address it with our employees, we will look at it and we will make decisions that are in the best interests of the company as to what the mix might be between branches and EZ Bet locations.”
As she did after a WROTB board meeting in August, Antonella Rotilio, labor relations rep for United Public Service Employees Union Local 1222, contends that no decisions should be made without the input of the branch employees.
"Right now, we're in the dark,” she said, also on Friday. “There have been no conversations about saving the branches. We know that Henry’s goal is to close the branches. All we’re looking for is some transparency and to be part of the conversation before they take action and go to the board to approve what they’ve done.”
Rotilio (photo at left) said she believes that management nor the board respects the union.
“We have employees who have been with the corporation for 30 years and they should not be reading anything in print about possibly losing their jobs. It should be a discussion at the very least with the union,” she said.
When asked about respect for the employees, Wojtaszek replied that he has “great respect for our employees; they do a great job. We've tried to reward them for the great year that they've had (with a 4 ½ percent raise for 2024). We love the way they treat our customers. We love our employees.”
When asked about respect for the union, he said, “We love our employees.”
Over the years, WROTB, headquartered at Batavia Downs Gaming on Park Road, has whittled down the number of branches to the current eight while increasing its EZ Bet location presence to 28. EZ Bets are employee-less sites at existing businesses where customers can wager on horse racing.
Rotilio said the branches employ about 40 people, many who have been on the job for quite some time, in Auburn, Jamestown, Rochester, Monroe County (two), Erie County (two), Niagara County and at Batavia Downs Gaming.
The corporation’s operating plan for next year lists only the Clinton branch in Erie County and the Lyell branch in Rochester as profitable. All told, the projected net loss for the branches is close to $300,000. The total handle for all the branches is projected to exceed $22 million.
Rotilio said the branches provide a vital service to the customers and host communities and believes that more effort should be put into promoting them.
“They (management) don’t come to us and say, ‘Hey, this branch has been underperforming for this amount of time or this many years, we need to work on a plan. It’s just they show up one day and say, ‘We're closing the branch.’ So, it's coming out of nowhere,” she said.
In October, the board voted in favor of the sale of OTB branches in Phoenix, Oswego County, and West Ridge Road, Monroe County.
Branch employees’ lives are in limbo, fearing that their jobs could be terminated at a moment’s notice, Rotilio added.
“I have said to board members that before you vote on a decision based on (financial) numbers that you’re seeing, you need to meet with us, talk to the members (union employees) because it affects the communities as well,” she said. “We hear from the customers, telling us that this has been part of their lives for a long time.”
Wojtaszek said the plan is to communicate with the employees and share their concerns with the board.
“In the end, the board will do what is best for the company,” he said, emphasizing that no one in the corporation has brought up eliminating all of the branches.
He noted that he would like to see legislation at the state level that would allow sports betting to take place at OTB branches.
“We've always talked about that. If sports betting was allowed in these OTB branches, that certainly will make a difference,” he said. “Part of the problem is they made it available so that some of these sports betting companies can take horse bets but not the reverse. FanDuel now has horse race betting on their website, but we can’t offer sports betting.”
Want to try out a new routine? Always wanted to try comedy? Read a poem? Come in for the 4th Friday Open Mic Night at GO ART! Sign ups start at 6:30 p.m. and the show starts at 7 p.m.
Open Mic is followed by a comedy performance hosted by Dave Mollahan with headliner Alex Mallory. Tickets are only $10 at the door (free if you participated in the open mic) per person for an evening full of laughs. Grab your friends, grab a drink and get ready for a fun night.
Pavilion Central School District is in the early phase of planning its next significant building and renovation project.
It's seeking bids from architectural/engineering firms to help it map out updates and upgrades at its two main school buildings, D.B. Bunce Elementary School and Pavilion Junior-Senior High School, which totals 275,800 square feet of education space.
The estimated budget for the project is between $20 million and $24 million.
The project is expected to include at least:
Replacement of boiler plants in both buildings;
Renovation of media centers in both buildings;
Expansion and renovation of one wing of the junior-senior high;
An upgrade to the fire alarm and security system at the junior-senior high;
An upgrade to theatrical lighting, sound, and projection in the auditorium; and,
The replacement of playgrounds.
The selected firm will perform design and construction-related services, including architectural, and engineering for all elements of construction.
The district expects to hire the firm with the winning bid in January with board review and voter approval requested in the fall. Planning documents will begin the regulatory planning process in the summer of 2025. If all that goes as planned, construction will begin in the summer of 2025, with completion in the winter of 2026.
Bids are due by 3 p.m. on Jan. 10.
The Request for Proposal, which is a document for companies being asked to bid on a project, does not contain financial data beyond the broad cost estimate. The financial plan for paying for the project will be developed by district staff and approved by the board before a public vote on the proposal. Typically, these projects are paid for primarily through state aid.
