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Genesee County a step closer to filing suit against state for violating WROTB Home Rule

By Joanne Beck
Batavia Downs 2014
File photo by Howard Owens.

After a brief discussion with County Attorney James Wujcik Wednesday, county legislators were in favor of taking legal action against the state due to the governor’s recent budget amendment that removed control from founding Western Regional Off-Track Betting counties and gave it to Erie and Monroe counties and cities of Buffalo and Rochester through weighted voting for all of the WROTB members.

“It’s a total disregard to the Home Rule,” Wujcik said Wednesday during the Ways & Means meeting.

When County Legislative Chair Shelley Stein first learned of the move to dismantle the current 17-member board and revoke the one-person, one-vote arrangement that has been in effect for 50 years, she wasn’t happy to say the least.

“I was not of the understanding, quite frankly, that this was going to be part of the budget,” Stein said in May. “That to me was a shock and a surprise. It is surprising the policy is so wrapped up in a financial document.”

She had several thoughts about how and who it could affect, and couldn’t help but conclude that the bill reinforced a perception that “only New York City matters” to the big players in Albany.

On Wednesday, legislators on the committee weren’t just bothered by the amendment, but also by the way in which it happened.

“So we’ve got to stand up and say that the way they went about this is not the way the legislation called for,” Legislator Marianne Clattenburg said. “To change a whole new legislation, there’s a process to go through, and we’re alleging that this process was not done.”

The lawsuit — which will likely involve a consortium of plaintiffs according to Wujcik — will be filed against New York State, the governor, Assembly, Senate, and any other party deemed necessary to bring full relief to the residents of Genesee County.

The committee approved the resolution, which will then go onto the full Legislature for final approval. It states that:

WHEREAS, Chapter 346 of the Laws of 1973 enacted to create regional off-track betting corporations, the Genesee County Legislature passed legislation, authorizing Genesee County to participate in the Western Regional Off-Track Betting Corporation (“WROTB”), and

WHEREAS, Resolution 172 of the Year 1973 states, “it is deemed advisable by the Genesee County Legislature that it is in the best interest of the people of Genesee County for our County to participate and become a member of the Western Regional Off-Track Betting Corporation,”

and WHEREAS, such 1973 legislation of the Genesee County Legislature specifically provided that it was subject to permissive referendum and shall become effective in accordance with Section 24 of the Municipal Home Rule Law of the State of New York, and

WHEREAS, on May 2, 2023 as a part of the New York State Budget, changes were effected through the 2023-2024 Budget process and amendments to N.Y. Racing Pari-Mutuel Wagering and Breeding Law 502, where control of WROTB was taken from the founding counties and given to Erie County, Monroe County, City of Buffalo and the City of Rochester through weighted voting by all of the WROTB members, and 

WHEREAS, Article IX, Section 2(b)(2) of the Constitution (the Home Rule Law) restricts the State legislature’s ability to act in relation to the property, affairs or government of any local government, the Municipal Home Rule Clause (NY Const, art IX, § 2 [b] [2]) allows the Genesee County Legislature to: 

Shall have the power to act in relation to the property, affairs or government of any local government only by general law, or by special law only (a) on request of two-thirds of the total membership of its legislative body or on request of its chief executive officer concurred in by a majority of such membership, or (b), except in the case of the city of New York, on certificate of necessity from the governor reciting facts which in the judgment of the governor constitute an emergency requiring enactment of such law and, in such latter case, with the concurrence of two-thirds of the members elected to each house of the legislature.

And, WHEREAS, it is unknown whether Governor’s message of necessity comported with the New York State Constitution, in particular, article III, § 14. That provision requires that bills be “printed and upon the desks of the members” of the Legislature at least three (3) calendar legislative days before final passage (N.Y. Const., art. III, § 14); although, this mandate may be circumvented if the Governor “certifie[s] ... the facts which in his or her opinion necessitate an immediate vote” on the bill (N.Y. Const., art. III, § 14).

It is unknown whether any facts are stated by the Governor in a certificate of necessity that form the basis in her opinion that necessitated an immediate vote, and, WHEREAS, the New York State Court of Appeals recognized in Matter of Moran v. La Guardia, 270 N.Y. 450, 452 that “To repeal or modify a statute requires a legislative act of equal dignity and import.” Nothing less than a Home Rule Message from a majority of the founding counties will suffice, i.e. “the doctrine of Legislative Equivalency.”

The doctrine of legislative equivalency has uniformly been applied with respect to the modification and or amendment of prior legislation, and, WHEREAS, none of the founding counties, especially Genesee County, the home County of WROTB, enacted Home Rule Messages requesting that N.Y. Racing Pari-Mutuel Wagering and Breeding Law § 502, be modified and/or amended, and never authorized a relinquishment of control of WROTB to Erie County, Monroe County, City of Buffalo, and City of Rochester, and

WHEREAS, Batavia Downs is located in the Town and City of Batavia in a residential area and this is an important quality of life issue for the host County of Genesee to not be negatively impacted by any change to the Board of Directors make up, and 

WHEREAS, the Ways & Means Committee has reviewed request and approves such recommendation.

In another revision, the state has tentatively moved to alter county elections so that positions would be up only on even-numbered years. That law would take effect on Jan 1, 2025, which leaves the question of when county elections would take place — prior to that or in 2026, County Manager Matt Landers said.

There would still have to be polling sites and workers, so there would be no cost savings, but the theory is that less elections would encourage more voters to come out, he said. Municipalities could realize a cost savings if all entities could participate instead of just the county, he said. It’s not a done deal just yet.

“The governor has to sign it,” Wujcik said.

After the meeting, the committee went into an executive session to discuss “proposed, pending, or current litigation.”

Landers did not respond to request for comments later on Wednesday.

Medieval reenactors meet in Kibbe Park each Wednesday to do battle

By Howard B. Owens
medieval reenactors  at kibbe park

For a time tonight, Kibbe Park was the site of a medieval battle on Wednesday evening.

Members of a Combat Historia, a group of medieval reenactors who stage non-historical battles, met for the first time in Batavia.

The four men came from Batavia, Rochester, and Buffalo.

Eddie Grosskopf got both groups going after moving to Batavia from Florida. 

"I started doing this back when I was 13, Grosskopf said. "Originally, I came out to a park and saw a bunch of kids hitting each other with foam weapons. I was gonna make fun of them at first, and then they offered for me to come out, and I've been doing it since then. When I moved up here, I was like, 'Wow, there's not a lot of this up here. I'm gonna sucker these people into doing this.' 

Joining him at Kibbe Park on Wednesday evening were Darnell Johnson, from Rochester, Brandon Winchell, from Buffalo, and Andrew Stangl, from Wales.

The Rochester group currently has 12 members, and with some recruiting, Johnson expects it soon to have 20 members. The Buffalo group is about a month old and has 15 members.

While only four members turned out for the first Kibbe Park meeting, Grosskopf said the goal is to use the park as a place for members of both the Buffalo and Rochester groups to meet each Wednesday, and he expects participation to grow.

The focus of the two groups is on the medieval Mongol Empire -- the time of Genghis Khan, the conquest of China, the conquest of the Middle East, and Eastern Europe.

Stangl said Grosskopf kept after him to join after he came across the group at a ComicCon, and since he's been practicing martial arts since he was six, it seemed like a good fit for his interests.

Johnson said it's about more than just reenacting battles. There is a historical aspect, too, that is fascinating. 

"You see the clothing that we wear," Johnson said. "It is representative of Mongol clothing. This is typical Asiatic steps armor. So I had to go through the process of learning what type of armor they use, the different lanyard patterns and how to actually make it and then source the material and then build this whole thing myself."

Grosskopf said Combat Historia offers a fun activity, a chance to learn and a community. Since the local groups are affiliated with the national non-profit Combat Historia, the group also does charitable community work. 

To join, he can be reached at 585-664-4461, or the group can be found on Facebook.

Photos by Howard Owens.

medieval reenactors  at kibbe park
medieval reenactors  at kibbe park
medieval reenactors  at kibbe park
medieval reenactors  at kibbe park
medieval reenactors  at kibbe park
medieval reenactors  at kibbe park
Andrew Stangl, Darnell Johnson, Brandon Winchell, and Eddie Grosskopf.
Photo by Howard Owens.

More than two dozen acts set to entertain music lovers at the Ramble on July 1

By Howard B. Owens
paul draper 2017 ramble
File photo. Paul Draper, aka PD3, leader of Shotgun Pauly, during the 2017 Ramble.
Photo by Howard Owens.

The lineup for this year's Batavia Ramble and Art Fest has been released, with 28 acts set to perform on two stages in Downtown Batavia.

The music starts on Saturday, July 1, at 11 a.m., with each band playing a 30-minute set and 10 minutes between acts.

The annual memorial will be held at 5 p.m. in Jackson Square.

The final two bands of the Ramble, The Royal Halls and The Bluesway Band, play at 8:10 p.m. and 8:50 p.m. in Jackson Square.

Jackson Street will again be filled with vendors and booths for local artists.

Jackson Street Stage

  • Dave Knaudt
  • Sky Hinrich
  • Steven Sprauge
  • Steve Kruppner
  • Don Thomas
  • David Holnbeck
  • Kissin' Whisky
  • Tom Ryan & Friends
  • Perception
  • Zackstreet Boys
  • Indigo Flow
  • The Cowboy Vampires

Jackson Square Stage

  • Ghost Riders
  • The Rock-A-Bully's
  • Gumshoe
  • DriVen
  • Bad Sign
  • The Bluesway Band
  • Shotgun Pauly
  • Old Hippies
  • Remedy Three
  • Beethovens Dream
  • Sierra
  • High Pines
  • Sons Of Luther
  • Noah's Reign
  • The Royal Halls
  • The Bluesway Band

GO ART! brings Barber of Seville to Batavia

By Joanne Beck

As many forms of entertainment as there have been in this area — dramas, comedies, musicals, black box theater, high school, community and college productions, dance recitals, jazz, concert and jazz band, orchestra and vocal performances — there’s one that has yet to make it to the stage.

There hasn’t been an opera. And GO ART! Executive Director Gregory Hallock, in collaboration with Genesee Community College and Batavia Downs Gaming & Hotel, in collaboration with the Oliver G. & Sarah Sloan Bauman Fund for the Arts, has worked to make it happen at the end of this month.

“We don’t really have opera or ballets out here, so I began to contact opera and ballet companies, and I got a response from the Rochester City Ballet and Nickel City Opera,” Hallock said to The Batavian. “I talked to my former voice teacher, who said that both are the real deal. They had been looking to tour and are really excited about this opportunity.”

Rochester City Ballet is in the works for “The Nutcracker” later this fall, while Nickel City Opera, based in Buffalo, will be delivering “The Barber of Seville” at 7 p.m. Monday to the stage of Stuart Steiner Theatre at GCC, 1 College Road, Batavia.

Hallock, with days to spare, discovered in March that there was a grant available, and due in April, that could help make the costly production possible for Genesee County. Folks at GCC were willing and happy to provide the venue, he said, while Batavia Downs donated several rooms for the traveling performers.

“The Barber of Seville” is an opera buffa in two acts composed by Gioachino Rossini with an Italian libretto by Cesare Sterbini. The libretto was based on Pierre Beaumarchais's 1775 French comedy The Barber of Seville. Rossini's version by the same name has proven “to be one of the greatest masterpieces of comedy within music and has been described as the opera buffa of all "opera buffas” after 200 years, according to the show’s press release.

Nickel City Opera’s founder and artistic director, Valerian Ruminski, describes the show as a chain of comedic antics, one after the other, and not what you’d expect from a full-fledged opera. It features Ruminski, a Metropolitan Opera basso, as “the old windbag Bartolo” who gets his comeuppance in a ruse so well-known, it was played out in a Looney Tunes episode of “Bugs Bunny” in the 1960s.

All of the performers are well-rehearsed professionals who arrive earlier that day to get ready, set, and go. A 21-member orchestra accompanies the action, and a full set delivered from New Jersey serves as the scenery to envelope the characters, action and song. Fair warning, this opera is based in Italian, but there will be large screens with supertitles of English for audience members to follow along.

Hallock sees the possible pitfalls of a Monday — it’s not your typical date night, to be sure. Then again, it’s not your typical date night, so make new plans, head out the door and kick off your week with a different kind of entertainment for yourselves.

Ruminski and Hallock encourage patrons to wear whatever they want, whether it’s a tuxedo or jeans and a sweatshirt, ballgown or yoga outfit  — there’s no pressure to conform to opera etiquette, they said.

“I’m just excited to bring this here and make this all happen,” Hallock said.

Likewise, Ruminski looks forward to bringing the full stage action to GCC, and he hopes to be able to do it on a yearly basis.

Nickel City Opera, Inc. was founded in 2003 by Valerian Ruminski, the show’s lead, and has produced over 20 operas, including the world premiere of “SHOT!” by Persis Vehar in 2016 at Shea’s Buffalo

Theatre. Other productions have included “La Boheme,” “Tosca,” “Don Pasquale,” and “The Marriage of Figaro.”

The opera company’s mission is to bring high-quality opera and events to Western New York,  and is launching an expansion project to further the arts in WNY and beyond.

Tickets may be purchased HERE or at GO ART!, 201 East Main St., Batavia. There is a discount available for students when tickets are purchased at GO ART!

Opera to bring world renowned talent, a bit of culture and comedy to Batavia

By Joanne Beck
Valerian Ruminski, opera bass
Valerian Ruminski, courtesy of his website

Valerian Ruminski’s talent has been appreciated for decades, and even as a young boy at St. Andrews in Buffalo, if there was any time left toward the end of the day, his biggest fans would make a request.

“The nuns would say, ‘Marty, sing us something.’ Marty was my real name, Valerian was my father’s name so I took that as my stage name, so they’d say, 'Marty, oh, sing us something,' I was always singing at the drop of a hat when I was a kid. I never thought that it was gonna be a career,” the veteran singing basso contante said during an interview with The Batavian. “But as I got a little older, I went to Canisius High School and was in the choir, and then when I was a senior, my teacher took me aside and said, you know, he says, out of the hundreds of students that I have, every couple of years one comes along that I have to tell them that they should pursue a career in music. And you're the one … he was strongly advising me that I had, you know, ample talents in that area.”

And, although Ruminski didn’t exactly follow the path to classical fame he’s now known for decades later (he was waylaid by an Alaskan fishing boat adventure), he has several accolades under his belt, including performances at Carnegie Hall, Orlando Opera, Danish National Opera, Geneva Light Opera, New York Symphonic Ensemble, Lincoln Center, Calgary Opera, Pacific Opera Victoria and Pasadena Opera, to name a few.

Soon the artistic director and founder of Nickel City Opera can add one more venue to his repertoire. He will be bringing — and playing the lead — in “The Barber of Seville” at 7 p.m. Monday at Stuart Steiner Theatre, 1 College Road, Batavia.

When the truck rolls up to deliver, this show promises a 21-piece orchestra, veteran actors, polished sets — doors, walls, props, costumes, makeup, wigs — and a completely professional set-up for the most famous comic opera in the world in the last 200 years, Ruminski said.

Before jumping straight into the show, The Batavian asked Ruminski about his detour to Alaska when he was supposed to be attending college back in the day.

“Yeah, I lived on a boat. I worked at a fishing cannery for about a year when I was 19 - 20 years old. I wanted to get away from it all, I wanted to have a band. You know, I had a techno band, like Depeche Mode. And I wanted to buy equipment for that, and my friend said we could work on a fishing boat, and we could make a lot of money in that summer,” he said. “So we didn't make lots of money. We made some money. And I bought a 63 VW microbus, and I drove down to Los Angeles, and I lived on the beach. And sort of had a wandering night and 20-year-old-adventure, and then eventually came back to Buffalo, because my teacher from high school said you should come back to Buffalo and get a free education at Buffalo Opera Chorus… and you can start singing, so that's what did it, so I came back.”

He took voice at the University at Buffalo and was put into Buffalo Opera Chorus, taught by the director of the company, and then was accepted into Philadelphia’s Academy of Vocal Arts, where “you’re like one of the few hundred people that gets chosen every year to go there,” he said.

“And I made my Met debut the year after I graduated from the academy,” he said.

At 29, he was an apprentice for the Santa Fe Opera and was hired to do a show in New York City. While there, a woman from the Met was there with a man scoping out Placido Domingo. They were later asked what they thought of Domingo’s performance. They liked him, Ruminski said, but wanted to know, “who’s the Russian bass?”

Valerian Ruminski, on stage
Valerian Ruminski in character, courtesy of his website

“They like that,” Ruminski said with a smile in his voice. “And I've constantly gotten jobs singing in Russian because my name is Valerian Ruminski. And they think that I'm Polish or Russian, but I'm as American as can be. But they hire me for these jobs because the marquee looks good … they put me on the top of the marquee, and they said they didn't want a guy named Johnny Smith on the top of the marquee because all the other singers were from Russia.”

He doesn’t argue that misperception, as it “gets me jobs,” he said. Of course, if the name was an empty vessel, there wouldn’t be the resume that exists for Ruminski. His performances have met with many favorable reviews, including from critic Oliver Munar:

"As Prince Germin in the final act, bass Valerian Ruminski turns in a standout performance. Ruminski’s vibrant voice filled the auditorium with a warmth and sensitivity that underscored his character’s love for Tatyana. On this night, Ruminski offered a truly endearing portrayal that elicited one of the warmest responses for the performance."                                                                                         

And from Kenneth Delong:

"In vocal terms, an excellent moment came in Valerian Ruminski’s great final act bass aria, which was delivered to excellent effect and with a commanding voice. It was an outstanding moment in the production."

For “The Barber of Seville,” Ruminski is to play Bartolo, whose house is set in a public square surrounded by a band of musicians and a poor student named Lindoro, serenading through the window of Rosina to no avail. Lindoro is really the young Count Almaviva in disguise, hoping to make the beautiful Rosina love him for himself and not his money. Rosina is the young ward of the grumpy, elderly Bartolo, and she is allowed very little freedom because Bartolo plans to marry her once she is of age and thus appropriate her considerable dowry. 

Described as a plot of bribery, deception and disguise in which Figaro needs all of his wiles to help the Count outwit Bartolo and ensure true love wins the day, this opera is “a feast of frivolous fun.”

A portion of it was even featured in a Bugs Bunny cartoon because of its popularity and being a cultural classic, Ruminski said. Oh, and it’s a hoot as well.     

“They were made in the late 50s, early 60s. And that's back when there was actually culture in people's lives, and people knew what the Barber of Seville was and that it was a common thing. Even children knew what the Barber of Seville was about, and that disappeared. It doesn't exist anymore. But back then, you know, they even made cartoons with Bugs Bunny and Elmer, but with the music from Bach,” he said. “I mean, they made a couple of those opera cartoons, and people remember them. They became very famous because they're so smart and funny, and striking. And artistically, you know, the animation was fantastic. So that's why I mean, it made a lasting impression. I think the last generation, you know, they remember those things."                        

“That’s why there’s a bunny on the poster so that people know it’s a comedy,” he said. “When they hear opera, they think someone is going to die.”

Valerian Ruminski

What percentage of your roles would you prefer to do something more comedic than serious?
“It's really a difficult question because it's fun to do. Obviously, the comedic role, it's harder to do, the comedy is always harder, and you have to plan comedy. You have to have everything as precise, as precision is involved, and there's repetition and all that was much harder to do most of the comic roles than it is to do a serious role where you just run in and stand there and sing something. And there's just a dramatic moment, and you don't have to worry about doing the job or getting the bit across. I prefer to sing. I am a basso contante. That's my voice category, I'm not a goofball,” he said. There are some basses who only sing comedy because their voices are not pretty … I do have a pretty voice. And I can sing, I can sing things very beautiful. So I liked singing these more dramatic roles, where it calls for beautiful lines like a lot of the French repertoire calls for beautiful singing. So the problem is that it's harder to find a comic bass, there's not so many of them around. But I do have a flair for the comic, and I enjoyed doing the comic, I'm giving you a very nuanced answer I know. But yes, I enjoy singing the comic roles. When I get them, of course, I attack them, just with the same amount of intensity as I would any other role. And I do my job. And the Barber of Seville is a very difficult role with one of the primary buffo comic bass roles.

“This started the French Revolution, it stuck a pin in the aristocracy,” Ruminski said. “There’s a chain of silly situations, multi-layers of not just comedy, but a work of art.”

Performers are flying in from Guadalajara, Mexico, San Diego, and New York City, directors from New Jersey and one from Bulgaria. Musicians are being culled from Buffalo Philharmonic Orchestra. And 300 lucky patrons will have the opportunity to see this special production unfold for two hours on a Monday evening.

Of all the audiences Ruminski had performed before, he had a particularly special one more recently after he met his biological mother for the first time. It was at Our Lady of Victory Basilica Church in Buffalo with a crowd of some 1,400 people. It was “bittersweet,” he said because he wished she could have seen him at the top of his career at Carnegie Hall, Lincoln Center, and the like.

He has also reconnected with his biological father, and both connections have given him a whole new family when he was otherwise left with no one in the Buffalo area.

He originally planned to leave Erie County and live more permanently in Palm Springs, Calif., where he now stays part-time during the year.

“So now, for the past three years, I've been getting to know my parents. They're both in Buffalo,” he said. “And so my plan to abandon Buffalo was abandoned. I abandoned my abandonment plan.”

And as far as opera is concerned, he has made singing debuts all over the world for 25 years and has gotten into producing more lately, including more contemporary works such as operas based on Stephen King, It’s a Wonderful Life, Sunset Boulevard, Casa Blanca, something “contemporary and relevant to our modern sensibilities,” he said.

He has been recording pop CDs under the label Impresario to feed that other part of his soul hungry for the Depeche Mode era. The pandemic allowed for more time to work on that project, which evolved from writing his own compositions, playing on piano and later singing with a virtual drummer.

For his birthday recently, his wish was to record in a studio.

“Because I want to lay down vocals, and I’m working on one of my songs. That’s my treat,” he said. “That’s my secret passion, that I enjoy doing it and making songs, and I put them on YouTube and all that.”

LOCATED: Police looking for missing Batavia girl

By Press Release
erica gibbs

Press release:

The Batavia Police Department is seeking public assistance in locating a 16-year-old girl. 

Erica Gibbs was last seen on June 15 in Batavia. 

She was last seen wearing a black sweatpants and a hoodie. Erica is about 5'03" and 120 pounds, with brown hair and brown eyes. 

Anyone with information on her whereabouts is asked to call the Batavia Police Department at 585-345-6350 or the NYS Missing Persons Clearinghouse at 1-800-346-3543. 

UPDATE: Erica Gibbs has been located and is safe.

Child uninjured after fall from first-floor roof on Jackson Street, Batavia

By Howard B. Owens
jackson street child fall 2023
A child fell from a first-floor roof at 104 Jackson St., Batavia, on Wednesday. THe child was not hurt. The dwelling is the yellow structure on the left. The window the child used to access the first-level roof is on the north side and not pictured.
Photo by Howard Owens.

A two-year-old child was uninjured after apparently crawling through a second-floor window onto a first-floor roof and then falling to the ground at 104 Jackson St., Batavia.

According to a witness, the child stood up quickly after the fall and started walking.

The window and roof section were on the north side of the dwelling.

Batavia PD, City Fire, and Mercy EMS all responded to the call at around 12:30 p.m. on Wednesday.

Sgt. Dan Coffey, Batavia PD, said officers are still investigating the incident and didn't have further information available.  If warranted, there will be a press release later about the incident.

UPDATE 2:05 p.m.: The investigation reveals the incident is an "unfortunate accident," Coffey said.

Water main will be shut off today on Center Street

By Press Release

Press Release:

Today, June 21, the City of Batavia Water Department will be shutting down the water main on Center Street for water main repairs. The shutoff will be approximately from East Main Street (Route 5) to School Street.

The length of time the water will be off is unknown.

As always, when the water is restored it may be discolored. Please refrain from doing any laundry until the water runs clear. We apologize for any inconvenience and the public’s patience is greatly appreciated.

Out of options, Bethany Town Board seeking bids for demolition of old town hall

By Howard B. Owens
old bethany town hall
The Old Bethany Town Hall, built in 1832, is fated for demolition.
Photo by Howard Owens

Even many of Bethany's oldest residents, said Town Supervisor Carl Hyde, have come to accept the unpleasant but unavoidable and undeniable reality of the situation. The old Town Hall, built in 1832, must come down.

The town is currently accepting bids from demolition contractors.

But there is a plan in place to preserve a bit of history and provide residents with a new park where the town hall currently stands.

"It's a hard decision that we had to come to, but the reality is, I can't raise taxes. I can't double everybody's taxes to come up with $2 million to save the building," said Town Supervisor Carl Hyde during an exclusive tour of the structure with The Bataivan. "It's a hard spot as a town supervisor to be in when you have to deal with something like this."

There are several factors that have the town in a seemingly unsolvable dilemma.  

  • The town has been trying to sell the building for many years with no takers, even offering to sell it for $1 if the buyer will ensure it is usefully occupied;
  • One reason there are no buyers, and why the town can't use the building, is to make use of the second floor for any public purpose, is an elevator needs to be installed, as well as make other ADA-compliant upgrades;
  • The building isn't connected to water and can't be connected to water unless a new water district is approved for the hamlet, and there's no guarantee that will happen;
  • Under current state law and regulations, the building needs plumbing connected to a septic system.

The septic system issue is its own set of complications, Hyde explained.

"For this building to be used for anything, somebody's going to have to put in a septic system," Hyde said. "So the property line goes to 15 feet off the back of the property. On the north side, the property line is the edge of the building. And then you have what little bit of property there is out front. So there's no property to put a septic system in."

If the town wanted to install a septic system, it would have to tear down the highway department building behind the structure, and then that building would need to be replaced by a new structure at another location.

That's another "astronomical" expense, Hyde said.

So the price tag to save the building is at least $2 million, and then there's no guarantee the building can get public water.

"We've reached out to Genesee Valley Museum in Caledonia-Mumford, a place on Long Island and a place in New Hampshire, to donate the building to have them come to take it apart, relocate it, and they're not interested because of the cost factors," Hyde said.

It's a beautiful building inside and out, but state officials have said emphatically that it has no historical value. No famous historical figure ever visited it. Nothing of historic significance ever happened inside the building. There is no barrier to tearing it down, and Hyde said the town board feels it's left with no other option.

"So we've got some structural issues plus the ADA issues plus the no septic issues plus the no water issue," Hyde said "We can't use it for anything. What we're going to do is take the building down before it falls down, and we're going to turn the property into a green space."

A green space that preserves the history of the old town hall.

"The cupola is going to stay on the property, the yoke is going to stay on the property, and the bell is going to stay on the property," Hyde said. "That's going to be the centerpiece of a display in the middle of the green space. So the town board has put a lot of work and effort and thought into doing the best we can with what we have to do."

Hyde plans to be on hand during the demolition, especially when work crews get down to the foundation.  Nobody knows if there is a cornerstone with a lockbox of 1832 history in it.  Hyde wants to make sure the structure is thoroughly searched for such a historical artifact. 

As many artifacts as possible from the building are going to be stored by the county for safekeeping.

The request for proposals process from contractors closes on June 27.  Hyde said the town has set a budget for demolition but doesn't want to release that figure so it doesn't influence bids by contractors.

Hyde said he's already spoken with some contractors about trying to preserve as much history as possible from the old building.

"We've told them as they're tearing the walls down and stuff, they're gonna be looking for oddities; what's between the walls? We don't know what's between the walls."

It's not easy to be the town supervisor responsible for overseeing the destruction of one of the town's most recognizable landmarks, but Hyde sees no way out.

"I grew up here in Bethany," Hyde said. "The town court was here, the town clerk was here, the town supervisor, the office, this was the town hall. But unfortunately, due to unforeseen circumstances, such as water, septic, this whole ADA thing -- unless somebody wants to write a check for $2 million and guarantee water, we can't figure anything out."

old bethany town hall
On the second floor, a stage and a floating hardwood dance floor.
Photo by Howard Owens.
old bethany town hall
Photo by Howard Owens.
old bethany town hall
One of the artifacts still in the building that will be saved.
Photo by Howard Owens.
old bethany town hall
A rendering of the proposed green space with the cupola, yoke and bell preserved and on display.
Photo by Howard Owens.
old bethany town hall
The first floor, former meeting space and courtroom.
Photo by Howard Owens.
old bethany town hall
Many of the old chairs in the building were sold to local residents. Some are still left.
Photo by Howard Owens.
old bethany town hall
The Navel Reserve travel case of the late William P. Walker will be returned to the Walker family.
Photo by Howard Owens. 
old bethany town hall
Display cases and artifacts that will be stored by the county.
Photo by Howard Owens.
old bethany town hall
The handpainted stage backdrop with advertisements for businesses in Genesee County.  There were people who wanted to buy it, Carl Hyde said, but they were going to cut it up and the town board didn't want to see it destroyed, so it will be stored by the county.,
Photo by Howard Owens.

Wilmot Cancer Institute's Survivors Night June 24

By Press Release

Press Release:

Join Wilmot Cancer Institute at our Survivors Night to celebrate cancer survivorship on Saturday, June 24, at 6:35 p.m. (game time) at Dwyer Stadium, 299 Bank St., Batavia.

The event will feature the Batavia Muckdogs playing against Elmira Pioneers, fireworks and a ceremony honoring cancer survivors.

Survivors receive 1 free game ticket (each additional ticket $10).

Call the Muckdogs Box Office to purchase at 585-524-2260. Must be purchased prior to game day.

*Cancer survivors are invited to arrive by 6 p.m. to join in the on-field celebration.

Pedestrian accident reported at Jackson and Ellicott, Batavia

By Howard B. Owens

A pedestrian has reportedly been struck by a vehicle at Jackson and Ellicott in Batavia.

Unknown injuries.

City Fire and Mercy EMS responding.

UPDATE 5:50 p.m.: A bicyclist ran into a car. No injuries. The scene is clear.

Area musicians keep Father's Day tradition alive with jamboree in Oakfield

By Howard B. Owens
Father's Day Jamboree
Musicians from throughout the region and a few hundred music fans gathered in Oakfield on Father's Day for the annual Retro Jam and Musicians Reunion.
Photo by Howard Owens.

An audience and a chance to play is usually a pretty good reason for local musicians to show up at a venue on a sunny afternoon, and add in a chance to see the guys and gals they are too busy to see on gig nights, and a few dozen are likely to make the scene.

And though the venue had changed since its inception, that's been what has kept the Father's Day Retro Jam and Musicians Reunion going since 1978.

"Most of the musicians playing the jamboree are working musicians," said organizer Bill Pitcher. "They've been in different bands together, but while they're working, they don't see each other much because when they've got gigs, they're playing in different places.  This is a chance for musicians to get together to mix and chat and have some fun."

The first jamboree was part of the Stafford Firemen's Carnival and grew bigger each year until the Stafford Volunteer Fire Department discontinued the carnival because of changes in state law forced them to end the annual Corvette Raffle.

Soon, area musicians were calling Pitcher with one question: "Where are we going to jam?"

Scott Graff and his wife Val had a solution, Pitcher said.  The Oakfield Rod and Gun Club. There's a pavilion with electricity, plenty of grass for lawn chairs and canopies and parking.

"It's a great venue," Pitcher said. 

The Rod and Gun Club sells hotdogs, there are public restrooms available and everything is friendly and laid back.

A 50/50 raffle raised $1,000 for the Center for H.O.P.E. at the VA Hospital in Batavia.

"This is the second year at the Rod and Gun Club," Pitcher said. "They've been very cooperative and friendly, very supportive."

The lineup of bands is a mixture of the old guard and some young musicians, so there's a next-generation ready to move forward with the event in the coming years.

This year's lineup included the Ghost Riders, the Double Image Band, Front Porch Pickers, Rock-A-Bully’s, Prospect, Sounds Good, and Bad Sign.

"We have a waiting list of bands that want to come and play," Pitcher said. "Most of the bands have been playing for years and years but we're getting a couple of younger bands involved."

Father's Day Jamboree
Photo by Howard Owens.
bill pitcher
Bill Pitcher
Photo by Howard Owens.
Father's Day Jamboree
Greg Houseknecht
Photo by Howard Owens
Father's Day Jamboree
Keith Worthington
Photo by Howard Owens.
Father's Day Jamboree
Nino Speranza
Photo by Howard Owens.
Father's Day Jamboree
Photo by Howard Owens.
Father's Day Jamboree
Photo by Howard Owens.

Police looking for person of interest in thefts at Dwyer Stadium, other locations in county

By Howard B. Owens
person of interest in thefts

During Monday's baseball game at Dwyer Stadium, two fans had wallets stolen from their cars after the windows of the cars were smashed open.

Credit cards from the stolen wallets were later used at local businesses. This has led Batavia police investigators to identify a person of interest in the case.

The public is being asked to help identify the person.

The crime may be linked to similar thefts under investigation by the Sheriff's Office. 

To assist in identifying the subject in the photos, contact Officer Austin Davis at 585-345-6350, the Batavia Police Department's confidential tip line at (585)345-6370.

person of interest in thefts
person of interest in thefts

Anti-Rabies immunization clinics for Genesee County

By Press Release

Press Release:

Genesee county health has scheduled its anti-rabies clinics. 

There is no charge for the vaccine, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal at all times. Limit 4 pets per car. Anti-rabies immunization clinics are as follows:

Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia):

  • Thursday, August 10th, from 4 p.m. to 6:30 p.m.
  • Thursday, October 12th, from 4 p.m. to 6 p.m.

For more information on GO Health’s programs and services, visit GOHealthNY.org. You can also contact the health department at 585-344-2580 x5555 or Health@co.genesee.ny.us

Batavia Concert Band announces 99th season of music

By Press Release
batavia concert band 2021
Batavia Concert Band opening 2021
File photo by Howard Owens.

Press release:

The Batavia Concert Band will be returning for its 99th season of public concerts in Batavia’s Centennial Park (the rain venue is the Stuart Steiner Theatre at Genesee Community College).

Concerts will be held on Wednesdays at 7 p.m. on June 28, July 5, July 12, July 19, July 26, Aug. 2, and Aug. 9. Light refreshments will be available for purchase, including freshly popped popcorn–an audience favorite!

The Batavia Concert Band’s repertoire has something for everyone: marches, Big Band and swing numbers, popular songs from musicals and movies, rock favorites, classical adaptations, and everything in between.

The Band consists of 45-55 brass, woodwind, and percussion players ranging from talented high school students to 60-year veterans. Many have professional experience, and others are advanced amateur musicians, but one thing is for sure -- all love to play!

Returning for his tenth season as conductor is John Bailey, Instrumental Music teacher at Pembroke Central School District and the organization is under the leadership of General Manager Jason Smith, along with a talented group of officers and a dedicated Board, led by Board President Dan Fischer The July 12 concert will be conducted by Batavia native and resident Joshua Pacino, current band director at Batavia’s Notre Dame High School. The Albion High School band director, Mike Thaine, will conduct the July 26th concert.

Founded in the early 1920s, the Batavia Concert Band has brought musical pleasure to the region every year except during World War II and in 2020 during COVID.

This project is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and the New York State Legislature and administered by GO ART!

Concerts are also currently supported and funded in part by Platinum Sponsors Genesee Community College, Brighton Securities, Farm Credit East, and WBTA, as well as local businesses, program advertisers, service organizations, and individual patrons. Individuals or businesses interested in supporting the Band should contact a band member at any concert.

The Batavia Concert Band is also excited to announce the return of radio station WBTA (AM 1490 / FM 100.1) as the Official Media Sponsor for our 2023 summer concert series! Be on the lookout for appearances by band members on WBTA’s “Main & Center” program, where we will go into some depth about the band’s makeup and its history. Also, be listening for weekly radio ads promoting the musical selections for the upcoming concerts and announcing our weekly sponsors.

For information, please visit our Facebook page and www.bataviaconcertband.net to learn more about the Band and our sponsors, and “we will see you in the park!”

Batavia slave 'free at last' and honored during Juneteenth service

By Joanne Beck
addy memorial service juneteenth 2023
Next to the headstone marker of Adeline “Addy” Barbara in the Historic Batavia Cemetery Monday morning, Annette Daniels Taylor sings while accompanied by Ted Caning on steel drum, both part of the GLOW Creatives through GO ART!, with Rev. Shiela Campbell McCullough, pastor of Bethany Presbyterian Church.
Photo by Howard Owens.

Performing artist Annette Daniels Taylor had planned to review the life that Adeline “Addy” Barbara most likely endured for her 46 years in captivity as a slave in Batavia, but that wasn’t the focus of Monday morning's Juneteenth memorial service, so she turned to a poem titled “Dreaming.”

The piece journeyed back into memories of tall trees, running barefoot, glistening cocoa-brown skin under the hot sun, smiling teeth, beautiful souls, and dancing with one another.

“We danced to drums of waterfalls, drums of hoofbeats, drums of heartbeats, drums of rain storms, drums of drought, drums of baby's breath, drums of aching souls, drums of flying feet, drums of running legs,” Taylor said at the Historic Batavia Cemetery. “Drums without shame, drums without whips, drums without cuffs, drums without ropes, drums without branding irons, I still hear them beating, but only in my dreams, dreams of freedom.”

Addy’s last name was Barbara, though she belonged to the Rev. Lucius Smith, an Episcopal priest who owned her as a member of his family. She was a slave from the tender age of four until she died in 1857 at age 50. The memorial service was to honor and dignify her life for those 46 years in between.

The Rev. Shiela Campbell McCullough performed a memorial service and dramatic reading, proclaiming Addy “free at last.” Way down yonder, in the graveyard walk, I’m gonna meet with my God, and we’re gonna have a talk, she said. “I’m free at last, I’m free at last.”

“Thank God almighty, I’m free at last. And in the words of Harriet Tubman, I’d rather be dead and in the grave than be a slave,” McCullough boldly said in Addy’s spirit. “I’m free at last.”

“Her marker reads Addy for 46 years, the faithful colored servant of the Reverend Lucius Smith and family, died Jan. 28, 1857 … This means that Addy began her burden for the Smith family at the age of four; this is Lucius Smith's marker, very symbolic, as you can see, even in death — even in death — her slave master overlooks her,” McCullough said. “The word servant and this X on her marker, connotes the idea that Addy had a choice. The word servant is an exchange of a kind or pleasant word that is being substituted for an explicit or offensive word. In this context, the use of the word servant camouflages the truth that Addy was indeed a slave. She was the slave of the Episcopal priest, Reverend Lucius Smith. And she was burdened with the lifelong responsibility of sacrificing her own humanity for the benefit of another person.

“The word servant downplays the psychological burden of surrendering one's humanity. So today, as a community, we gather, acknowledging the truth of Addy’s condition. Addy was not a servant, she was a slave,” McCullough said. “We join hands and hearts today to remove the veneer and allow the truth to take its rightful place. Addy was a slave.”

Batavia’s St. James Episcopal and First Presbyterian churches had established plots in the cemetery since 1823, which is why Lucius Smith and his family were buried there. The Rev. Deacon Diana Leiker spoke on behalf of St. James to assure folks that the Episcopal Church is righting those wrongs of the past.

“The church as a whole is working very, very hard with our black brothers and sisters to learn more, to be open to what we did, to help people to heal. We are recognizing all of the despicable, tragic things that were done on behalf of the church or with the church being complicit in letting things happen,” Leiker said. “So we just want you to know that this is wonderful. We had no idea that Lucius Smith owned someone. So we're really thankful that this was being brought to light. And we just want you to know we are doing a lot of hard work nationally.”

Rev. Roula Alkhouri, of Batavia First Presbyterian Church, was one of the organizers of the special Juneteenth event. It came about from McCullough’s pain that bubbled up after learning about Addy. It raised questions of how to move on yet not ignore an important piece of the past.

“What do we do with this pain? What do we do with this history? And so we've been talking and praying and thinking, and so that's kind of like, okay, Juneteenth is coming up, can we celebrate her humanity? Can we look at the story and reclaim it in a different way? And so that's what brought it together for us,” Alkhouri said. “And then we talked, we connected with (Batavia Cemetery Association President) Sharon Burkel, and said, Can we do this? And she said, Absolutely.

“I feel like always, whenever we bring up the hard parts of our lives or our history, it brings healing. You know, it's like, people don't want to talk about the painful stuff. But if you don't, you'd never heal," Alkhouri said. "And if you don't honor the lives of people who suffered, then it gets repeated in different forms. But it does, always, I mean, you see it in families the same way, not just the nation. So we're hoping to be part of that healing for the nation.”

A monetary gift will be used to add another inscription on Addy’s headstone. This will help to tell “a different side of the story and reclaim her humanity and her being created in the image of God,” Alkhouri said.

addy memorial service juneteenth 2023
 Rev. Shiela Campbell McCullough, pastor of Bethany Presbyterian Church.
Photo by Howard Owens.
addy memorial service juneteenth 2023
Rev. William Wilkinson
Photo by Howard Owens.
addy memorial service juneteenth 2023
In the foreground, the gravestone of Episcopal priest Rev. Lucius Smith, which towers over the grave marker of his former slave, Adeline “Addy” Barbara.
Photo by Howard Owens.
addy memorial service juneteenth 2023
Rev. Roula Alkhouri, Batavia First Presbyterian Church
Photo by Howard Owens.
addy memorial service juneteenth 2023
Sheila Holley.
Photo by Howard Owens.
addy memorial service juneteenth 2023
addy memorial service juneteenth 2023
Diana Leiker and Diane Cox, deacons at St. James Episcopal Church.
Photo by Howard Owens.
addy memorial service juneteenth 2023
Mike Stuart.
Photo by Howard Owens.
addy memorial service juneteenth 2023
After the ceremony, Linda Conway studies the headstone of Adeline “Addy” Barbara.
Photo by Howard Owens.

Photos: Luke Bryan headlines lineup at Darien Lake

By Steve Ognibene
Luke Bryan 1
Luke Bryan headlined Darien Lake on Friday. 
Photo by Steve Ognibene

Luke Bryan headlined Darien Lake on Friday, joined by supporting acts, in front of 20,000 fans.

The pop-country music superstar played for nearly two hours, running through hits such as,  "Kick the Dust Up," "Country On," and "Country Girl (Shake It on Me)."

Virginian Alana Springsteen led off the night, warming up the crowd with a 20-minute set.  She is no relation to Bruce Springsteen, although her dad and brother are also in the music industry.

Chayce Beckham performed second, featuring his popular songs "Tell Me Twice" and "Keeping Me Up All Night."

Southern Alabama native Tyler Braden rounded out the openers with his tracks "What Do They Know," "Neon Grave," and "Ways to Miss You."

Photos by Steve Ognibene

Luke Bryan 2
Luke Bryan 5
Luke 3
Luke 4
Tyler Brayden
Tyler Braden  at Darien lake, third opener. Photo by Steve Ognibene
Tyler Brayden 2
Chayce Beckham
Chayce Beckham,  Darien lake, second opener.  Photo by Steve Ognibene
Alana Sprinsteen
Alana Springsteen, Darien Lake's first opener.  
Photo by Steve Ognibene

Accident reported at Buckley and Prentice, Stafford

By Howard B. Owens

A two-vehicle accident is reported at Buckley Road and Prentice Road, Stafford, with possible injuries and possible entrapment.

Stafford Fire and Mercy EMS dispatched.

UPDATE 4:54 p.m.: The caller is "a little out of it."  She couldn't get her seatbelt off or her door open. She's unsure if she's injured.

UPDATE 4:55 p.m.: Law enforcement is stating not blocking, no entrapment, no injuries.

UPDATE 5:03 p.m.: Mercy EMS is back in service.

Train derailment reported in Darien

By Joanne Beck
fargo road train derail

A train derailment is reported in Darien. 

Darien fire and ambulance companies are requested to the Fargo Road railroad crossing for the reported derailment, and no injuries have been reported.

No Mercy ambulance is available.

Colby Road crossing is not blocked.

UPDATE 1:55 p.m.: A train with about 60 cars derailed at Countyline Road due to an apparent equipment failure, according to Darien First Assistant Chief Mark Starczewski. At least four cars came off the tracks with no injuries and no hazardous materials involved. Most of the cars were empty. 

Fargo and Countyline roads are closed. Both east and west tracks are closed, and this line is also used by Amtrak. No ETA for when the roads and track will reopen. 

Photos by Howard Owens.
fargo road train derail
fargo road train derail
fargo road train derail
fargo road train derail
fargo road train derail

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