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It has taken nearly five attempts for a Take 5 oil change business to receive final blessings to move into a former T Mobile building on the west end of the city, due to special use and variance requests that agent Evan Gefell needed before proceeding with his plans.

Gefell, of Quattro Batavia LLC, agent for the proposed Take 5 oil change business at 425 West Main St., Batavia, spoke about the project during the city’s Planning and Development Committee meeting Tuesday after a preliminary meeting in May and a subsequent trip to the County Planning Board.

Fellow Quattro Development representative Peter Pavek attended in May and asked for approval to remove the existing building at the site — formerly used for the phone business — and to construct a new building with pits to do oil changes. That revision required a special use permit.

Code Enforcement Officer Doug Randall had said that per zoning, they wanted to change the number of bays, and asked if the company would be good with that, and Pavel had agreed.

Given the minimal use for a waiting area, there was also no use for so many parking spaces, and Pavek said they could reduce the parking spots and add to the green space.

“Any additional green space you can maintain, that’d be great,” committee member Ed Flynn had said.

According to company data, the sites typically get 50 vehicles per day, with variations of busiest times throughout the day — mid-morning and especially at 3 p.m. reaching peak times.

The committee gave a preliminary thumbs up, with instructions to return with a detailed site plan, which Gefell had done on Tuesday.

“So the model of this is, you stay in your car, it's a 10-minute oil change, and then you continue on. It's a little traffic generator, it doesn't require a lot of parking, it's just kind of for the staff since the user stays in their vehicle,” he said. “This allowed us to really expand the green space on site. It's increased the green space from 24 percent to 47 percent. You can see some of the trees and the buffering and landscape that we've added. You know, we're not concerned about queuing with the two bays. And I think some traffic or data was presented or provided, but peak hours, you know, it's not a significant amount of customers at one time for traffic generators.”

An average location serves 40 customers a day, he said. They don’t do ancillary services outside of oil changes, wiper blades and air filters. 

“So it’s really quick,” he said. “There’s no transmission, there’s no brakes, no anything like that. So the idea is to get in and out quickly and not have any queuing.”

The meeting included a public hearing. There was no communication submitted regarding the business, and no one signed up to speak.

The committee approved the site plan and special use permit and gave a negative declaration for the environmental review, meaning that there would be no negative impact on the environment with the business in place.

Chairman Duane Preston liked the plan, he said. 

“It’s a good plan, lots of green space,” he said. 

The committee also referred the plan to the Zoning Board of Appeals for the zoning variance as the next step in the process.

After five days of entries, narrowing down the pool to staff favorites, and a final random drawing at the Genesee County Fair, The Batavian finally had its winner for the guitar giveaway contest. 

And on Thursday, the luck-winning artist, 14-year-old Colton Smith, who has been visiting Genesee County from West Virginia this week, received his prize during The Eaglez concert at the fairgrounds in Batavia. Colton had drawn one of the best eagles for the contest, and he walked away Thursday evening with a white polished Harley Benton Big Tone Trem guitar with gold-colored hardware.

Meant as a source of inspiration for young musicians and as a token of appreciation to the community for all that it has given us in terms of fantastic musical entertainment, the guitar was purchased by The Batavian's publisher, Howard Owens. His hope is that someday we will all be seeing Colton up on stage rocking out or otherwise reaping wild enjoyment out of some musical genre. 

Don't forget to stop by The Batavian's booth on Friday to cast your vote for the People's Choice Award: the Top 20 staff favorite eagle drawings. The winning artist will be announced Friday evening and will receive a harmonica. 

We will also be announcing the 18 and older prize of a $100 Red Osier Landmark Restaurant gift certificate on Friday, so remember to check back and see who won these great prizes!

Sitting in the entertainment tent at the Genesee County Fairgrounds on Thursday evening, if you closed your eyes, you could be forgiven if you thought you really hearing Don Felder, Glenn Frey, Don Henley, Bernie Leadon, and Randy Meisner

The musicianship was that precise, and the harmonies that tight as a group of veteran Buffalo-area musicians, now performing at the Eaglez Tribute Band, ran through 28 hits of the Eagles over three hours of music.

The Eaglez are, in reality:

• Randy Barnard, Lead Guitar/Keyboard
• Dennis Makowski,  Guitar/Vocals
• Bob Brummitt, Bass Guitar/Vocals
• John White, Rhythm Guitar/Vocals
• Mike Nierenberg,  Vocals/Percussion
• Micky Judware / Rich Keigley, Drums
• Paul Vanacore, Sax/Keyboard

Note: Sadly, and unknown at show time, Randy Meisner passed away on Thursday. An original member of the Eagles, he was 77. Glenn Frey, another founding member, passed away in 2016.

Previously: The Eaglez highlights GC Fair's five nights of live music that spans genres and eras

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

It’s a bit ironic to know the song that saved Jelly Roll’s music career is called “Save Me.” The ballad seeped in despair is getting a second life as a featured track on Jelly Roll’s new album, “Whitsitt Chapel,” as a duet with Lainey Wilson. 

“Save Me” first appeared in a stark acoustic guitar-and-vocal version on Jelly Roll’s 2020 independently released album “Self Medicated,” and the success the man born as Jason DeFord is enjoying now can be traced back to that song.

“For lack of a better word, ‘Save Me’ went viral,” Jelly Roll said in a mid-July phone interview. “It was undeniable. I had built a pretty good career. Keep in mind I had a billion views on my YouTube show. But I couldn’t get it, I was missing that one song that made people go ‘Oh, OK, this guy can do it all.’ I think ‘Save Me’ was that.”

Soon Jelly Roll was getting meetings with multiple record labels. He said the labels had plenty of ideas for his music, but it wasn’t until he met with Jon Loba, president of BMG Nashville, that he heard what he wanted to hear from a label.

“The cool thing was from go, Loba and everybody in the office sat me down and said the biggest thing we want from you is to do what you’ve been doing. It was awesome. I had complete creative control,” Jelly Roll said.

“Save Me,” however, wasn’t the song that put Jelly Roll on the radar of country and rock audiences. First came “Dead Man Walking,” a robust rocker from his first album on BMG, 2021’s “Ballads of the Broken,” which topped “Billboard” magazine’s Mainstream Rock Airplay chart and pointed to Jelly Roll’s potential to cross genres. Then a rootsy acoustic ballad from that album, “Son of a Sinner,” topped the magazine’s Country Airplay chart and spent a record-setting 28 weeks atop the Emerging Artist chart, which tracks the most popular developing artists across all genres.

Now “Whitsitt Chapel” is out, and he is starting a lengthy, highly anticipated tour headlining outdoor amphitheaters. Jelly Roll is doing his best to make sure his show lives up to the expectations.

“Knowing we have a chance to touch so many people, we’ve spared no expense,” he said of the show, which will feature not only new songs but selections dating back as far as to 2013. “I’m bringing tons of lights, video screens. Our goal is to kind of bring a mixture of a hip-hop show, a rock show, a country show and a little bit of a backroad tent revival.”

It’s quite a turn of fortune for someone who grew up on the streets of the working-class Antioch neighborhood of Nashville, did drugs and spent parts of his teens and 20s in jail for offenses ranging from robbery to drug dealing.

It was during one of those stints behind bars, though, that Jelly Roll, 38, was spurred to break his cycle of dead-end behavior. Informed by a guard that he had just become a father to a newborn daughter, he set his sights on making something of himself. Having begun making mix tapes in his teens, he decided that music was his ticket to a better future.

Around 2009, Jelly Roll began releasing a steady stream of indie albums, mixtapes and singles. His early music was predominantly rap and hip-hop, but as time went on, he began to broaden his sound.

“Ballads of the Broken” offered a preview of where Jelly Roll is now taking his music, as it spanned country, rock, pop and hip-hop. “Whitsitt Chapel” offers a similar cross-genre appeal as it touches on country (“Save Me,” “Nail Me,” and “Church”), muscular rock (“Halfway to Hell” and “The Lost”), hip-hop (“Unlive”) and songs that blend those styles (“Need A Favor,” which is currently a top 5 country single) with raw and emotional lyrics that continue to touch on his past struggles, but hint at the redemption he has started to attain.

It took some time and effort for Jelly Roll to find the direction of the album, as he set aside more than 70 songs after he realized only two of those songs – “Church” and “Hungover in a Church Pew” – were calling to him.

“I said, ‘Man, these two songs kept kind of putting their hands up to me, ‘Church’ and ‘Church Pew,’” he said. “Then I started thinking how God had kind of brought me to these two songs out of 70, the two I kept thinking of. And I was like, ‘That’s it. I’m going to write an album called ‘Going To Church.’”

“And my producer, Zach Crowell, sat me down and said, ‘What was the name of that church you went to?’ (I said) ‘Whitsitt Chapel,’” Jelly Roll said. “He was like, ‘You write songs that nobody else in this town could sing because they’re so personal to you.’ He said ‘Anybody in this town could have an album called ‘Going To Church.’ There’s only one person in this town who could have an album called ‘Whitsitt Chapel.’ That was the birth of the ‘Whitsitt Chapel' album. Me and Zach Crowell scratched everything but those two songs and started from there.”

Jelly Roll will be performing at Darien Lake Performing Arts Center on Thursday.

Two young men and a teenager from Batavia were taken into custody early Thursday morning following a report of shots fired in the area of Washington Avenue and Willow Street in the city, followed by the sound of gunshots on Dellinger Avenue.

The initial call of shots fired was received by emergency dispatchers at 11:22 p.m. on Wednesday.  

Police officers responded to Washington Avenue and Willow Street and found evidence at the intersection consistent, according to Batavia PD, with a weapon being discharged.

The nature of the evidence was not disclosed.

While officers were canvassing the area, multiple shots were heard coming from the area of Dellinger Avenue, and officers immediately responded.

At that location, officers again discovered evidence, police said, consistent with a weapon being discharged.

As the investigation continued, police reviewed footage from pole cameras, which helped them develop a vehicle description.

Information about the shooting and the suspect vehicle was shared with surrounding law enforcement agencies for their assistance in locating the vehicle and potential suspects. 

After the scene had been secured, the City Fire responded to the Willow Street scene to provide ground ladders for officers to assist officers in their search of the scene. 

At 1:11 a.m., four males were located walking in the area of Chase Park and North Spruce Streets. 

The males were transported to a business parking lot on East Main Street, where a vehicle apparently matching the vehicle viewed on the surveillance video was located. 

Officers at that scene located evidence consistent with a weapon or weapons being discharged, and all four males were taken into custody at that time. 

After interviews, one male was released, and the other three were arrested. 

Tmario H. Ayala, 20, Bryson R. Gentile, 18, and a 17-year-old male, all of Batavia, were taken into custody and charged with criminal possession of a weapon in the second degree, a Class C felony, and reckless endangerment in the first degree, a Class D felony. 

Police did not say whether a weapon was recovered, nor did they reveal who or what may have been targeted, or if there was a target, by the alleged shooter or shooters.

They did not say which individual, or if it's multiple individuals, may have discharged a weapon.

The investigation did conclude, police said, that a residence had been struck by gunfire on Dellinger Avenue. 

No injuries were reported.

Ayala and Gentile were arraigned in City Court and ordered held on $100,000 cash bail, $200,000 bond, or $300,000 partially secured bond. 

The 17-year-old male was arraigned in Youth Part Court and was held on $25,000 cash bail, $50,000 bond, or a $100,000 partially secured bond. 

Batavia PD was assisted by City Fire, the Sheriff's Office, and Emergency Dispatch. Citizens also assisted by providing information that aided the investigation.

The investigation is ongoing, and Batavia PD asks that any members of the public with information that may be relevant to the incident to contact the detective bureau at 585-345-6444.

The Karaoke Contest, Genesee County Fair's version of American Idol or The Voice, held its finals of a two-night competition on Wednesday evening.

Here are the winners for 17 and under:

• 1st: Carly
• 2nd: Hannah
• 3rd: Jesse 

And, 18 and over:

• 1st: Melissa
• 2nd: Laura
• 3rd: Jim

Photos by Howard Owens.

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

At the conclusion of this morning’s Western Regional Off-Track Betting Corp. board meeting that featured glowing reports – financial and otherwise -- from management, Director Vincent Horrigan of Chautauqua County commended the staff for a job well done during a tough stretch.

“With all the turbulence in Albany, the results speak for themselves,” said Horrigan, a “holdover” from the previous board that was terminated in early May through legislation approved by Gov. Kathy Hochul and leaders in the state Assembly and Senate. “I wish to congratulate the incredible team, from the lowest worker to Henry and the rest of the management team.”

Horrigan is one of 11 directors who were reappointed by their governing bodies to four-year terms as stipulated by the new guidelines.

New members of the board, all of whom were in attendance today, are Charles Zambito (Genesee County), Crystal Rodriguez-Dabney (City of Buffalo), Terrance Baxter (Cayuga County), James A. Wilmot (Monroe County) and Jennifer Hibit (Erie County). 

Wilmot, the newest director, is in charge of casino development for the Wilmorite Management Group in Rochester.

Schuyler County officials have yet to announce their representative to the 17-member board.

While each municipality that benefits from WROTB proceeds (operational earnings and surcharge) has one director, the May legislation instituted a weighted voting system, eliminating the one-director, one-vote format that had been in force.

As a result, the majority of the voting power rests with Democratic Party-led counties of Erie and Monroe and the cities of Buffalo and Rochester. The remainder of the municipalities are Republican-leaning, and some of those are joining together in litigation challenging the recent changes, citing Home Rule entitlement.

Today’s meeting was the second straight conference that was informational only since four of the new directors have yet to be licensed by the New York Gaming Commission. WROTB President/Chief Executive Officer Henry Wojtaszek said he expects that to happen soon, likely in time for committee meetings and the full board meeting on Aug. 23-24.

Chief Financial Officer Jacquelyne Leach had the floor for most of the 90-minute session, providing monetary figures that shine a favorable light on the Batavia Downs Gaming operation.

Calling it “a very strong month,” Leach said the “net win” for June of $7.06 million is the highest ever for June – beating the corporation’s projected amount by 8 percent. Net win is what is left in the Video Lottery Terminal machines after paying out the customers.

She reported that credits played in June were $97 million – up $9.3 million from June 2022 – and attendance for the month hit the 80,000 mark – up 12,000 from June 2022.

Year-to-date earnings are at $4.6 million, she said, which represents a $1.5 million increase from the same period last year.

Earnings and surcharge (5 percent) go back to the member municipalities. Genesee County has received $106,544 in earnings and surcharge thus far in 2023, including $4,484 in the month of June.

Leach attributed food and beverage sales, special events, the Batavia Downs Concert Series and the success of the Hotel at Batavia Downs as contributing factors to the uptick in activity. She said the hotel has generated $262,000 in profit so far in 2023.

“The hotel (which was purchased by WROTB in April 2021) has proven to be such a great addition to the corporation – a tremendous benefit,” she said.

Looking ahead, Leach said that July “is shaping up to be another record month for the Batavia Downs Gaming side of the business.”

In other developments:

-- Wojtaszek said management’s plan is to reduce the number of Off-Track Betting branches from the current eight to five by 2025. He said more emphasis is being placed on EZ Bet, which are self-betting terminals in existing bars and restaurants. WROTB has 27 EZ Bet locations across Western New York.

-- Director of Live Racing Don Hoover reported that Wednesday’s opening night of harness racing generated a handle of $242,306, which puts it in the top 10 of all handles since WROTB purchased the track 20 years ago. The 53-date season concludes on Dec. 9 but Hoover is in discussions with the Western New York Harness Horsemen’s Association to schedule racing dates next January and February.

-- VP/Administration William White advised that Batavia Downs Gaming’s pay scale for security guards is lagging behind the area’s average and is looking at forging an agreement with the employee union to increase the pay as soon as possible. White said that the company is having trouble recruiting and retaining security personnel. 

Graham Manufacturing is currently looking for welders, and Justin Deleo might be a good candidate for one of those openings if he was just a little bit older.

The Byron-Bergen sophomore won a welding competition at the Genesee County Fair under the supervision of William Muoio from Graham.

Justin loves welding, but perhaps, unfortunately for Graham, he also loves farming.

He's thought about welding as a career, "but I really would just like to learn how to weld and then use that in running my own farm," Justin said.

He got his start welding by helping out his grandfather on his farm, Forest Lawn, at the bottom of the hill by Genesee Community College.

"I like building things," Justin said. "I have worked on my grandpa's farm, and I helped him weld hay wagons, and ever since then, I've been interested in welding."

For first prize, Justin had his choice between a set of torches and a mask or an auto shade helmet, and he picked the helmet, said Todd Hofheins, Future Farmers of America advisor.

Hofheins said the welding competition and a tractor skills competition are organized by FFA and 4-H and supported by sponsors who provided more than $3,000 in prize money and prizes.

In welding, second place went to Michael Jewart, a student at Pioneer, and third place went to Cooper Harkins, from Pavilion.

In the tractor competition for junior category:

• Cooper Harkins
• Evan Winspear
• Justin Deleo

In the senior competition:

• Carson Warner
• Ian Keberle
• Michael Jewart
• Colton Yasses

Photos by Howard Owens

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

There was a lot of fun and excitement on Wednesday in the Exhibit Hall at the Genesee County Fair with the annual Small Fry Tractor Pull.

Photos by Howard Owens.

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

Press Release:

The Americans with Disabilities Act (ADA), which was signed into law on July 26, 1990, is the single most comprehensive and far-reaching piece of legislation protecting the rights of people with disabilities from discrimination ever enacted, eclipsing the handful of laws that had existed. 

Independent Living of the Genesee Region (ILGR) will be celebrating the ADA at its Annual Picnic. It will place from 4 to 7 p.m. on Wednesday, July 26, at Kiwanis Park at 3808 West Main Street Road in Batavia. There will be free food and games including a Scavenger Hunt. 

When the ADA was signed 33 years ago people envisioned curb cuts and accessible building entrances. Today, the ADA is helping people live independently, get an education, find housing, and build a career.

If you need additional information please call Catherine DeMare at 585-815-8501, extension 400, or email her at cdemare@wnyil.org.

Press Release:

Did you know that radon is a naturally occurring, radioactive gas that is released in rock, soil, and water? Radon has no smell, taste, or color and kills more than 21,000 people each year. According to the United States Environmental Protection Agency (EPA), radon is the second leading cause of lung cancer and the number one cause of lung cancer among non-smokers.

Radon can build up to dangerous levels in your home, which can occur in new homes or older homes. “Radon can enter your home through cracks in the foundation, cracks in basement walls, holes, joints, dirt floors, sump pump holes, suspended floors, and in the well-water supply,” stated Darren Brodie, Environmental Health Director for Genesee
and Orleans County Health Departments (GO Health). “Any house that has contact with the ground has the potential for radon to enter the home.”

Both the EPA and New York State Department of Health (NYSDOH) have identified Genesee County as having a high average indoor radon screening level greater than 4 pCi/L (pico curies per liter). “Testing your home for radon is the only way to know if high levels are present and corrective action is needed,” stated Brodie. When radon tests are
completed, they should be performed in the lowest primary living area of the home. 

GO Health encourages residents to test for radon when buying a home, doing a major renovation, every 2 years if there is a mitigation system installed or every 5 years otherwise. You can purchase a short-term radon test kit from your local hardware store or through a radon-testing laboratory.

A limited supply of Radon Test Kits are also available for Genesee County Residents at the Genesee County Fair this week from 12 p.m. - 7 p.m. Tuesday - Saturday. Stop by the health department booth and ask for a free kit. For more information on radon or other GO Health programs and services, visit GOHealthNY.org

Press Release:

There are some new faces in the halls at Byron-Bergen Elementary School this summer. 20 graduate students from SUNY Geneseo are participating in the Summer Reading Clinic, part of SUNY Geneseo’s Reading and Literacy Graduate Program. The clinic pairs a graduate student, many of whom are working teachers, with a school-aged student. Together, they set literacy goals and develop strategies to achieve them.

Alexis Hamlin is a graduate student participant. She teaches 7th and 8th grade where she encounters many students who struggle with foundational literacy skills. “By the time they get to 7th and 8th grade, we don’t have time to work on basic skills,” said Hamlin “I’m in the literacy program specifically to get a better idea of how my students struggle and the basics of their skills. I want to incorporate other instruction that will target those skills and close that gap between their reading level and their grade level.” 

Participant Stephanie Wall believes in the value of one-on-one literacy work to give students the tools they will need for their next grade level. She started the clinic by doing assessments, looking at students’ past work, and talking with the student. She uses those components to set goals. “I think this program is helping kids,” said Wall. “It’s one on one, me and them for an hour and a half. There are no other distractions, so I think it has been very helpful for some of the students.”

Isabelle Selvek was eager to participate in the clinic because summer is the only time she has for fieldwork. She is a full-time second-grade teacher, but her future career aspirations rely on completing her master’s degree. The clinic is one of the last requirements she must complete for her degree. “My hope is to move into a literacy teacher role in the future, but this program also allows me to move into a high school setting.”

“It really is a win/win,” said Byron-Bergen Director of Instructional Services Betsy Brown. “The clinic allows educators to complete the hours needed for their degree programs and our students have access to high- quality one-on-one literacy instruction which not only helps prevent loss of skills due to summer slip, but also gives them the tools they will need to excel in the fall.”

The Byron-Bergen students are not the only ones benefiting from the Summer Literacy Clinic, though. These teachers will take the skills developed at Byron-Bergen back to their home districts and classrooms. 

“This program gives us time and opportunities to do fieldwork,” said Hamlin. “This real-world experience makes it more meaningful when we apply the skills we are learning in our own classrooms.”

Submitted photos.

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) bashed Gov. Hochul’s recent plan to provide tax-payer funded health care to sex workers across the state. This new initiative, known as the “Sex Worker Health Pilot Program,” will allow the state Department of Health to set aside approximately $1 million in public funds toward primary, behavioral, and gynecological care, as well as dental care for prostitutes. In a heavy-handed move, the governor’s office authorized this program without the approval of the Legislature. Hawley is frustrated that this administration is encouraging and promoting an industry that has done so much harm to the State of New York. 

“The majority in Albany is once again pushing the boundaries of what should be normal and acceptable in our society,” said Hawley. “Prostitution in our state has increased crime and violence in our communities and decreased the quality of life for residents across Western New York. The way in which this program is being forced onto New Yorkers is nothing short of undemocratic. This new initiative by the governor is wildly irresponsible and will only encourage more prostitution within our state.”

Press Release:

The 37th Annual Western New York Antique Truck Show is August 5 and 6 at the Alexander Steam Show Grounds, 10294 Gillate Road, Alexander.  The grounds are open from 9 a.m. to 3 p.m. on both days. 

The show features over 150 trucks, tractors, construction equipment, and a flea market. Free Admission and Parking. Saturday events include an antique tractor pull at 10 a.m. and a slow truck race at 2 p.m.  There will be a truck parade Sunday at 1 p.m. 

Kids get a chance to win a wooden truck every hour. Proud sponsor of Camp Good Days.

Press Release:

The St. Jerome Guild, Inc., selects the recipients of the annual St. Jerome Guild Health Career Professional Scholarship 2023.

Two UMMC/Rochester Regional Healthcare providers are this year’s recipients. This award is offered annually to outstanding employees who are continuing their education to support healthcare in our local community through UMMC/Rochester Regional Health.

Nicole Hopkins, RN, specializing in patient pain management is striving for a degree in Family Care Nurse Practitioner and currently attending Roberts Wesleyan. Jennifer Kula, is a patient care technician and is currently enrolled in the second year RN program at Genesee Community College.

Additional awards of $100 each were given to Mary Caprio and Vanessa Eason who are both pursuing degrees to enhance their careers at UMMC.

If you have any questions, please call me at the cell below or contact me at maredickinson@gmail.com.

 Submitted Photos

Genesee County has been granted a change of venue in a lawsuit filed by New York City in the Supreme Court of New York County.

In a decision filed Tuesday, “the Court finds that NYC has failed to establish any compelling circumstances as to warrant that venue remain in New York County” in violation of the applicable statutes that mandate the judicial proceeding or action against a county to be in the said county or in the “judicial district where the respondent made the determination complained of.”

Accordingly, it is hereby ordered that the petition is dismissed as against some of the counties involved. However, a motion for a change of venue and to sever has been granted for other counties, including Genesee and County Manager Matt Landers. 

"The ruling was on a change of venue, in which we were successful in moving the venue to Genesee County," Landers said Wednesday.

In early June, New York City filed a lawsuit against some 30 upstate municipalities, including Genesee County, seeking to invalidate their executive orders barring undocumented immigrants from entering their locales.

The lawsuit claimed that those emergency orders obstructed New York City’s efforts to relocate migrants in “a manner that is explicitly permitted by law and required by a statewide emergency.”

While this doesn’t dismiss the lawsuit, it will bring the proceedings closer to home. 

If all goes to plan, there could be a brand new Burger King restaurant with drive-through service, ample landscaping, and a corner lot set-up with an adjacent traffic light in place by the spring of 2024.

That is, of course, if real estate manager John FitzGerald and his site engineers meet the qualifications of the city’s Planning & Development Committee, which so far have included a request to reduce a 17-foot bypass lane, bump up the landscaping, and consider a traffic study.

It’s worth the short move from 230 West Main St., Batavia and special use permit to the corner of South Lyon and West Main Street, FitzGerald said. 

“I’d always love an approval the first time, but, you know, the board brought up some legitimate items to discuss. And we'll review those with (site engineer Patrick Mahoney) Pat, and go through those. But I think that everything I heard pretty much made sense,” FitzGerald said after Tuesday’s planning committee meeting. “As far as I know, narrowing this 17-foot lane, we can take that down a little bit, you know, the right in right out (entrance/exit), I think makes sense. Some of the other ones were kind of spitballing. And they're very, very difficult to enact.

“As far as the traffic study … we’re basically moving across the street to a safer, easier, more accessible property. So I don't know, if the state requires it, we will do it.”

FitzGerald, who manages about 350 Burger Kings for Carrols Corp., has been leasing the current site, which will be up soon. His reasons for moving are more about the new location than the one he has been in for at least a few decades.

“There’s nothing wrong with the old one, this is just a better location,” he said. “Again, it's at the traffic light. So it's safer for getting people in and out. It gives you two access points: one on South Lyons and one on Main Street, versus the one we currently have, like a double lead in and out on one side of the store, and then it's got the drive-through exit on the other side. So there's potentially conflicting movements.”

Those conflicting movements happen when motorists attempt to make either a left or right turn out of the current location each simultaneously, he said. He likes having a traffic light at the corner of the new location and stressed the safety factor of the new design. He’s not aware of his current property playing host to accidents, he said, but wants to move on. 

The biggest reason is having a traffic light to help with the flow of traffic versus being in mid-block, he said. 

“So it’s an easier movement versus the existing store. Not that this was bad, but it’s both 90-degree stalls. So there’s people kind of coming and going in different directions,” FitzGerald said. “This forces everybody to go the same direction in and around the property. And, again, two access points versus one.”

His design team, Mahoney and Peter Sorgi, did all the talking during the meeting, at some points rather pointedly questioning committee member Ed Flynn’s critiques. Flynn latched onto the 17-foot lane as a major sticking point throughout the site plan review.

“Why do you have a 17-foot escape lane?” Flynn said. Sorgi focused on the landscaping, stating that it was “more than was required” by code and the bypass lane was part of a safety measure. 

“Right now, I may be the only one talking about the 17-foot excessive lane over here, but I want more landscaping along Lyon Street. Seems like they start out with a lot to offer there. And then, of course, you make a descending (landscaping design) for some reason. The pavement lane is 17 feet, that seems like it can be reduced dramatically.”

Mahoney said that safety to the community is better served by a wider lane, and Sorgi homed in on the safety factor versus aesthetics. Flynn emphasized that his comments weren’t necessarily a consensus of the group. 

“That’s why we have more than one board member,” City Code Enforcement Officer Doug Randall said, to which Sorgi quickly replied, “thank you.”

“The design is where your talent comes in, we’re just here to express concerns of the public,” Randall said.  

Mahoney described the ideal “speckled shade” landscaping of crab apple and locust trees, greenery that could survive Western New York’s climate and Main Street’s winter road saltings. 

They discussed the parking lot size — committee member Derek Geib asked if four spaces similar to McDonald’s would suffice — the drive-through configuration, trash removal from the dumpster, and how things have changed in the way customers operate.

Mahoney said that no, four spaces would not work. As for the drive-through, there are two order points. There’s a double wide for ordering, and it filters into a single lane for the pickup at the store. 

“And then, if you look at the building, to the left of that will be the mobile order stalls. And as we were talking about that, that’s the wave of the future, people don’t want to even really park their car,” FitzGerald said after the meeting. “They just want to pull up and have somebody run out. 

"This is the way the industry is going, that's everywhere, surburban, rural, urban. People today, it's either drive-through or over their phone," he said. "We're trying to make it safer for people on the property. It's just the wave of the future." 

FitzGerald is to return with an updated site plan in September or October. His first meeting was in June, which introduced the project and plan to demolish two major current business buildings.

Tuesday at the Genesee County Fair was another full day with the annual parade, the first day of the karaoke contest, and, of course, lots of activity in the Midway.

To view or purchase prints, click here.

Photos by Steve Ognibene

Press Release:

Le Roy Ambulance Service has announced its latest fundraiser. A search is underway looking for 12 dogs to be featured in a 2024 Dog Calendar. Owners may enter their dogs in the contest for a $5 entry fee. Entries will be accepted through noon on August 11.

There will be a live drawing on VIP K9 Facebook page at 6 p.m. on August 11 which will determine the 12 lucky winners. Winners will be asked to submit a photo of their dog or you can ask to have one taken. 

This idea presented to the ambulance board by Le Royan Nancy Crocker of the Empire Realty Group was enthusiastically approved. Nancy has partnered with Cindy Lee of VIP K9 to organize this unique fundraising event. Calendars will be available for purchase in September for a donation of $10. 

100% of the proceeds from contest entry fees and calendar sale proceeds will benefit the Le Roy Ambulance Service.

To enter provide:

• Your dog name
• Owner’s name
• Phone number
• $5 entry fee

You may enter by stopping at VIP K9 at 70-72 Main St. Le Roy, text 585-326-4112, email vipk9training@gmail.com, or contact Nancy Crocker at 585-314-7982 or Crocker@Rochester.rr.com.