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April 29, 2021 - 1:39pm
posted by Mike Pettinella in news, notify, city of batavia, Batavia City Council.

The City of Batavia offers nine parks for citizens to enjoy, starting at 7 a.m. until dusk each day.

All city officials are asking in return – at least for this recreation and picnic season – is for users to take out any and all trash that they take in.

“We are not accepting pavilion rentals this year, which means that the park is open to the public and anyone is free to use it,” City Manager Rachael Tabelski said. “If residents use the pavilions we are asking them to ‘carry in and carry out’ (their trash) at this time.”

Tabelski added that trash receptacles will be placed in high use areas for patrons to use, especially around the playgrounds.

At Monday night’s City Council meeting, she emphasized that trash containers will continue to be available on Main Street as well.

Council President Eugene Jankowski Jr. said that he wasn’t sure why comments found on social media sites indicated that the city would not be placing trash cans along Main Street.

“It wasn’t a city official spokesperson that even mentioned Main Street,” he said.

Tabelski said that Council, during budget discussions, decided to reduce overtime for the parks department “and one of those ways was to ask citizens who use the pavilions to carry in and carry out.”

The city’s nine parks are as follows:

  • Austin Park, 15 Jefferson Ave.;
  • Centennial Park, 151 State St.;
  • Farrall Park, 101-111 Otis St.;
  • Kibbe Park, 105-111 Kibbe Ave.;
  • Lambert Park, 100 Verona Ave.;
  • Lions Park, 108 Cedar St, and 8 Wallace St.;
  • MacArthur Park, 252B State St.;
  • Pringle Park, 14 Pringle Ave.;
  • Williams Park, 101 Pearl St.

More information about the parks can be found by clicking HERE.

April 29, 2021 - 1:04pm

Press release:                                                          

Community Action Angels present "Journey to Resilience" from 7 to 9 p.m. on Friday, May 14th, at the Engagement Center at Robert Morris School in the City of Batavia.

The evening will offer inspirational stories and songs -- voices of survival -- from trauma to transformation.

Tickets are $10 each, available at Community Action of Orleans & Genesee, 5073 Clinton Street Road, Batavia. Call (585) 343-7798 for more information.

Proceeds benefit Batavia City School District Community Closet and Children’s Emergency Fund -- helping those in need.

It will featuring original poetry written and read by Jacqueline Fields.

A motivational story and music by Elly Riber.

Foreword by Pat Standish; also featuring Michelle Figueroa and Julie Wasilewski.

The school is located at 80 Union St.; the engagement center is near the bus loop entrance. Look for balloons.

This event is being held in partnership with Batavia Community Schools.

April 29, 2021 - 12:31pm
posted by Howard B. Owens in Deal of the Day, advertisement.

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the homepage).
  • Once re gistered you must sign in using the "sign in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four-month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual buyer must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.
  • Problems, questions, concerns about the Deal of the Day? Email Billie Owens:   [email protected]
April 29, 2021 - 11:36am
posted by Press Release in City of Batavia Community Garden, Announcements.

Press release:

Attention City of Batavia residents -- you can be one of five gardeners to receive a 4' x 4' raised bed rental – for FREE for the 2021 growing season at the City of Batavia Community Garden.

This opportunity is offered on a first-come first-serve basis to city residents who do not already have a growing plot in the Community Garden.

It is made possible thanks to a donation by a community-minded gardener who would like to help expose more people to the enjoyment and benefits of growing their own plants/flowers/food.

The rental fee is normally $20 per year.

The Community Garden is located at the end of MacArthur Drive next to the Batavia High School.

For more information check out:

Facebook -- https://www.facebook.com/BataviaCommunityGarden

City website -- https://www.batavianewyork.com/community-garden

Or call Janice Smith at City Hall: (585) 345-6325

April 29, 2021 - 9:22am


The Genesee County Legislature on Wednesday issued a proclamation designating May 2-8 as National Correctional Officers' Week.

Taking part in the presentation at the Old County Courthouse were, from left, County Jail Superintendent William Zipfel; Legislator Marianne Clattenburg; Jail Corrections' officers Marissa Jacques, Michael Cox and John Garlock; Undersheriff Bradley Mazur, and Sheriff William Sheron.

The proclamation read, in part, that the legislature "wishes to acknowledge the difficult job we ask these correction officers to perform, locked within a facility for a large part of their day where they must securely, safely and humanely keep those committed to the jail, respecting the rights and dignity of all inmates ..."

Sheron commended the work of the jail staff, stating, "they went through hell this past year (in dealing with the coronavirus pandemic) and came through with flying colors."

Photo by Mike Pettinella.

April 28, 2021 - 7:41pm

Le Roy residents Glen Adams and Mike Ciociola, both members of the Genesee County Federation of Sportsman’s Clubs, today threw their support behind a proposed local county law that would allow deer hunting by 12- and 13-year-old licensed hunters with a firearm or crossbow under the supervision of a licensed adult.

Speaking at a meeting of the Genesee County Legislature this afternoon, Adams said, “We’re both here to encourage this body to vote positive on opting into the new state law, for a two-year trial period, for youth 12- and 13-years-old to be able to hunt – with supervision.”

Moments later, lawmakers voted in favor of setting a public hearing for 5:30 p.m. on May 12 on what has been designated as Local Law Introductory No. 1 Year 2021 of the County of Genesee. The public hearing will take place at the Old County Courthouse and via Zoom videoconferencing.

If approved, the law would enable Genesee County to take part in the state’s pilot program permitting 12- and 13-year-olds to hunt deer during season with a crossbow, rifle, shotgun or muzzle loaded firearm through Dec. 31, 2023.

When asked about possible opposition to the law, Adams said the strict supervision component is important to the community of sportsmen and sportswomen.

“That (opposition) is always a possibility but we’ve been pushing for it for a long time through the New York Conservation Council, through our federations – trying to move it to a younger age, but it’s under supervision,” he said. “You’ve got to be within physical restraint of the kid, you’ve got to be on the ground. We see it as a positive thing. I’ve got five boys and I would have loved to been able to take them out earlier than I was.”

Ciociola, who also represents Genesee County on the NYS Fish & Wildlife Management Board, said he didn’t expect the state to approve such a measure in 2021.

“I was very surprised that New York State would actually put it in the bill this year,” he said. “I normally wouldn’t have thought that public opinion would have steered it in that direction. But also, just from the fact that I believe that the education – hunting -- rather than waiting until they’re 14, 16, I think they’ll make for safer hunters … more ethical, better hunters if they start at the age of 12.”

Both men said they believe many parents will capitalize on the opportunity for their sons and daughters to take up the sport.

“Although I’m a father of five boys, I would love seeing the young ladies out there,” Adams said. “I do coach the Le Roy trap team and we have female youth. We’d love to see them out there, also.”

Legislator Christian Yunker said the law is needed at this time.

“This was put into the governor’s budget and we know that we need to get the next generation of hunters involved, and we know that we have a deer management issue,” he said. “And this is going to help us.”

Along those lines, City of Batavia Manager Rachael Tabelski this week said the Batavia Police Department will be selecting a deer program coordinator this year to work with the NYS Department of Environmental Conservation to "implement and executive the (city's) deer management plan. She said the hope is that the program to cull the deer population could be started this fall as long as the City School District continues full in-person learning.

Previous: Proposed county local law permits 12- and 13-year-olds to hunt deer with strict supervision

In other developments, the legislature:

  • Approved four capital projects, totaling $225,000, that were accounted for in the 2021 budget: Holland Land Office Museum exterior paint ($15,000); Genesee County Park Interpretive Center moisture protection and siding ($80,000); DeWitt Recreation Area Pavilion No. 2 parking lot ($65,000); and Genesee County Park and Forest water system upgrade ($65,000).

The project will be paid from the county’s 1 percent sales tax revenue.

  • Heard from County Manager Matt Landers that today was the final day of “first doses” of the COVID-19 vaccine at Genesee Community College. “Second doses” will be administered at GCC for a few more weeks, and then everything will be moved to County Building II on West Main Street Road.

Calling it a “milestone,” Landers said the operation at the college went “smoothly, effectively and efficiently.” Still, he said he had hoped more people would have been vaccinated at GCC.

Legislature Chair Rochelle Stein thanked the community and volunteers for working “on behalf of the goal” and urged residents to get the vaccine because “it does matter.”

April 28, 2021 - 6:05pm
posted by Howard B. Owens in covid-19, covoravirus, news, notify.

Press release:

  • Genesee County reporting 18 new positive cases of COVID-19. (The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.)
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford) 
    • The individuals are in their 0-19s, 20s, 40s, 50s and 60s. 
    • Eleven of the previous positive individuals have recovered and have been removed from the isolation list.  

  • Orleans County reporting 21 new positive cases of COVID-19.  
    • The positive cases reside in the:
      • West Region (Yates, Ridgeway, Shelby)
      • Central Region (Carlton, Gaines, Albion, Barre)
      • East Region (Kendall, Murray, Clarendon)
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
    • Eight of the new positive individuals were on mandatory quarantine prior to testing positive.
    • Six of the previous positive individuals have recovered and have been removed from the isolation list.
    • Four of the current positive individuals are hospitalized.
April 28, 2021 - 4:39pm

New listing alert: 40 Drake St.! Nice and solid home located in great location and within walking distance of everything in the cute Village of Oakfield. Located across from park entrance and within a nice stroll to shopping and eating and school!

This home seems much larger than reported square footage and has great space on first floor with cozy kitchen large formal dining room with hardwood floors, great back room currently used as office with 1/2 bath but could be great pantry area, breakfast nook reading room, etc.! There is a decent size living room leading to upstairs and there is a possible 3rd bedroom up there as well!

The corner lot is awesome and large and there is a detached garage for extra storage as well. All showings to begin April 29 with delayed negotiations till May 4 at 7 p.m. Click here for more information on this listing.

April 28, 2021 - 4:23pm

Updated, 7:30 p.m., with comments from Henry Wojtaszek, Batavia Downs Gaming:

For more than a year, restaurants, bars, bowling centers and similar establishments have had to operate under strict COVID-19 mandates from New York State, including the stipulation that patrons must purchase food when having an alcoholic beverage.

Well, judging from today’s announcements from Gov. Andrew Cuomo and the state legislature, some of those executive orders are about to become part of history.

State lawmakers reported they are pushing to shelve several of the governor's commands, while Cuomo, himself, also said that the 12 a.m. food and beverage service curfew will be lifted for outdoor dining starting on May 17 and for indoor dining locations starting on May 31.

Local reaction to the news indicates that these restrictions went on too long and were counterproductive.

“Serving food with beverage was a total distraction for customers,” said Kent Ewell, owner of O’Lacy’s Irish Pub, 5 School St., Batavia. “It was a very … again, you bend with the law, but you actually sometimes question it.”

But Ewell said that the imposition of a curfew for dining at midnight really doesn’t pertain to a rural area, such as Genesee County.

“A lot of the stuff that gets taken care of is affecting Downstate more than Upstate. Everything is throughout the state, but in Batavia, most of the guidelines announced do not pertain to anybody,” he said. “How many people do you know go out and get a steak at midnight? When they’re saying dining at midnight, that’s mostly New York City or where people are up later and hours are later – maybe in Buffalo there is some of that.”

Ewell: Finding Workers is Another Issue

Still, Ewell said he is glad to see Cuomo relaxing some things.

“I know that every state is different … obviously, I’ve questioned some things throughout this whole pandemic and hopefully soon we will get back to normal,” he said.

He acknowledged that coronavirus mandates limiting hours of operation and halting indoor dining took a toll on his business.

“We’re open from 11 a.m. to midnight but now we’re closed on Sunday and Monday,” he said, adding that it likely will stay that way due to difficulties finding employees.

“I won’t tell you why they’re not working, that’s my own opinion, but everybody is having trouble hiring people. It’s happening in a lot of industries,” he advised. “We’re still open, but financially it has not been a pleasant ride, let me put it that way.”

Cuomo also revealed the lifting (on May 17) of the 1 a.m. curfew for catered events where attendees have provided proof of vaccination status or a recent negative COVID-19 test result and the end (on May 31) of the curfew for all catered events.

Governor Announces More Changes

Other changes include:

  • The resumption of catered events at residences beginning May 3 above the state's residential gathering limit of 10 people indoors and 25 people outdoors, as long as the events are staffed by a professional, licensed caterer, permitted by the respective locality or municipality, and strictly adhere to health and safety guidance, including social and event gathering limits, masks and social distancing.
  • The rethinking of dancing among attendees at catered events to be aligned with neighboring states, starting on May 3. This would replace fixed dance zones for each table with social distancing and masks.
  • Starting May 3, seating at bars will be allowed in New York City, in line with the food services guidance that is in effect statewide.

Sen. Rath: It's About Time

Sen. Ed Rath, NYS Senate District #61, said the easing of these mandates are long overdue.

“While I am extremely happy for our restaurants that these arbitrary mandates are being repealed, it has taken far too long. It should never have had to come to lawsuits and court hearings for our restaurants to be able to operate,” according to his statement. “The industry has struggled for over a year, at no fault of their own, and the state should be doing everything they can to aid them in their recoveries. Instead, we are seeing the state continue to place unnecessary and cumbersome burdens on our restaurants and bars.”

Rath thanked “our amazing restaurants throughout Upstate who have adapted and continued to serve our communities throughout the pandemic.”

“During such a chaotic and stressful year, for many being able to order their favorite dish from their local restaurant was a much-needed sense of normal,” he said.

NYS Restaurant Leader: A Win for the Industry

On a state level, Melissa Fleischut, president and chief executive officer of the New York State Restaurant Association, issued the following statement:

“We’re encouraged by the news that the state legislature plans to eliminate the burdensome mandate that food be purchased with alcohol. This will singlehandedly boost the bottom line for restaurants and bars all over the state, and many have yet to reopen because of this specific requirement. While this is a win for the industry, and one that the New York State Restaurant Association has been pushing for months, this is just one step. Let’s work together to create a plan that details full reopening.”

Cuomo, in his announcement, warned, “To be clear: we will only be able to maintain this progress if everyone gets the COVID vaccine. It is the weapon that will win the war and we need everyone to take it, otherwise we risk going backward.”

The governor also said that, starting May 15, gyms and fitness centers outside of New York City will increase from 33-percent to 50-percent capacity, casinos and gaming facilities will increase from 25-percent to 50-percent capacity, and offices will go up from 50-percent to 75-percent capacity.

"We are encouraged that things are moving in the right direction since ... we’ve certainly had our struggles with the state’s rules," said Henry Wojtaszek, president of Western Region Off-Track Betting Corp. "We welcome the ability to have more people on the gaming floor. We are actually installing more games in the next few weeks and will continue to adhere to the state’s guidelines on social distancing and our cleaning schedule."

April 28, 2021 - 3:29pm
posted by Howard B. Owens in poetry, GO ART!, video, arts, entertainment.
Video Sponsor

Gregory Hallock, executive director of GO ART!, reads poems by Annette Daniels Taylor for National Poetry Month.

April 28, 2021 - 3:28pm

From Bill Davis, city superintendent of Water and Wastewater:

The City of Batavia has contracted a water service replacement project on Swan, Hutchins and Otis streets starting on Monday May 3. This will run until approximately July 15.

During the project, these streets will open to local traffic only from 7 a.m. until 5 p.m. and will have parking restrictions that will vary day to day. Temporary "No Parking" signs will be posted in the areas affected each day.

The contractors will do their best to keep driveways open and traffic flowing.

Residents in the area will be notified ahead of time if the contractor will redo their water service, so they can make arrangements as needed.

We appreciate the patience and cooperation from the residents in the area.

April 28, 2021 - 3:19pm

Press release:

Pembroke -- William Joyce, president of the WNY National Cemetery Memorial Council, announces that the council has become affiliated with the Wreaths Across America program.

Wreaths Across AmericaTM (WAA) is a national nonprofit organization founded in 2007 to continue and expand the annual wreath-laying ceremony at Arlington National Cemetery, Va., begun by Maine businessman Morrill Worcester in 1992.

WAA’s mission – Remember, Honor, Teach – is carried out in part by coordinating wreath-laying ceremonies at Arlington, as well as at veterans’ cemeteries and other locations in all 50 states. Since its founding, the organization has expanded to include nearly 3,000 local fundraising groups in all 50 states, representing more than 2,150 participating locations, in addition to Arlington National Cemetery.

The purpose of the WNY National Cemetery Memorial Council organization is, through the traditions of God and Country, to associate ourselves together on special occasions to honor our living veterans and to pay tribute to the memory of our military comrades and their eligible family members whose mortal remains have been interred to their final resting place on the hallowed grounds of the WNY National Cemetery.

This year on Saturday Dec.18, is designated as National Wreaths Across America Day. Jim Nielsen will serve as chairman of the WAA Committee and Matt Moscato will serve as vice chairman.

For more information on how to purchase a wreath or volunteer for the program contact:

Jim Nielsen: (585) 305-1142  /  [email protected]

Matt Moscato: (716) 353-5768  /  [email protected]

April 28, 2021 - 2:17pm

Press release:

Officials at Batavia Downs today announced that in preparation for the Kentucky Derby running this weekend, they will be staffing several locations throughout the gaming facility so that guests may place wagers. The Kentucky Derby is at 6:57 p.m. on Saturday, May 1st.

Free Derby Programs will be available at Batavia Downs, all OTB Branches and all EZ Bet locations. Face coverings are required at all OTB Branches. Visitors to Batavia Downs must have a face covering and have their temperature taken prior to entry.

The Park Place Room at Batavia Downs will open on Friday, April 30th from noon until 6 p.m. for guests to place advance wagers. On Saturday, May 1st, Park Place will open at 10 a.m. and be open until 7:30 p.m. Mutuel Clerks and Self-service terminals will be available.

Capacity limitations and social distancing will be enforced at all locations inside Batavia Downs.

Grandstands Banquet Room will be open from 10 a.m. until 7 p.m. for guests wanting to wager on multiple racetracks. Self-service terminals will be available. There will be a limited capacity for this area.

Wagering will be available on Self-service terminals inside 34 Rush, however due to high demand for seating for lunch, horse racing will not be shown on TVs inside of 34 Rush until 6:30pm.

The Kentucky Derby Dinner inside the Clubhouse Restaurant will have Self-service terminals and is sold out at this time.

For those unable to visit Batavia Downs, wagers can be placed at any Western OTB Branch or EZ Bet location. For a list of locations visit westernotb.com/locations.

Branches will open at 10 a.m. on Friday for advance wagering and all branches will open at 10 a.m. Saturday. Churchill Downs’ first post on both Friday and Saturday is 10:30 a.m. Face coverings are required to be worn inside Batavia Downs Gaming and all OTB branches.

Wagers can also be placed on BataviaBets.com from a phone, tablet or computer. Batavia Bets features several sign up promotions including a Bet $100 get $25 promotion valid for first time users. People can also wager via the Dial-A-Bet service at 1-800-724-4000.

“We’re so happy to see the Derby back on the first Saturday in May,” said Henry Wojtaszek, president and CEO of Batavia Downs. “Our entire team has been working tirelessly to make sure our gaming facility and branches are ready to safely welcome guests this weekend.”

April 28, 2021 - 2:00pm

Press release:

Greg Olsen, director of the New York State Office for the Aging, urges all New Yorkers to take the CV19 CheckUp, a free, anonymous, personalized, online tool that evaluates an individual’s risks associated with COVID-19 based on their circumstances.

CV19 CheckUp assesses each person’s unique situation and presents options to help reduce risk and enhance quality of life. It provides recommendations and resources to help reduce an individual’s pandemic risks.

CV19 CheckUp uses artificial intelligence to analyze data provided by each person who completes an anonymous online questionnaire. It is designed for those who are considered high risk, including older adults, individuals who are low income, members of ethnic and racial minority groups, and the LGBTQ community.

The tool’s algorithms are driven by science and medicine, using data from the U.S. Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO). 

CV19 CheckUp is free and anonymous. It does not require a name, email address, or identifier of any type.

Upon completion of the questionnaire, CV19 CheckUp immediately delivers a personalized report, presenting options for reducing risk and enhancing quality of life during the pandemic.

According to Director Olsen, “The time for reminding the public about the risks of getting COVID-19 is now, while people are still getting their vaccination and as COVID fatigue sets in. We must continue to ensure that older New Yorkers understand there’s still a risk of getting sick. This is especially true as CV19 CheckUp data shows those age 75 and older dangerously underestimate their personal risk of hospitalization and death from COVID-19.”  

Olsen continued, “Even though vaccinations increase each week, it is critical that all New Yorkers continue to follow safety protocols. Now is not the time to let our guard down, but to continue to practice safe behaviors. New York State continues to move forward with reopening, but some lower-risk individuals have begun to relax. Many people have stopped social distancing and practicing safe pandemic behaviors, which threaten the health and well-being of those who are at higher risk.”

The CV19 CheckUp is generating helpful information that is educating individuals about their risk of contracting COVID-19 based on their behavior. To date, more than 67,000 people have completed the CV19 CheckUp survey.

Director Olsen said, “The results generated so far by the CV19 CheckUp show that most adults (77 percent) underestimate the lethal threat risk they pose to older adults, and half of them underestimate the risk to themselves of contracting COVID-19. The good news revealed by the CheckUp is that after learning about the risks to themselves and their loved ones, more than half (58 percent) of respondents say they would modify their behaviors to keep older friends and loves ones safe.

“This tool can also help reduce hesitancy about getting vaccinated. Researchers believe educating individuals about their pandemic risk will motivate them to get vaccinated. When people understand the lethal threat they pose to their relatives and friends, getting the vaccine becomes more appealing. In addition, with this new knowledge, individuals are more likely to reach out to others and urge them to get vaccinated as soon as possible.”

Through the CV19 CheckUp, governments and health organizations receive data facilitating the development of methods to help target high risk populations. The data is completely anonymous, and findings may be used to gain insights on:

  • What people know and believe about the pandemic;
  • Compliance levels with recommended safety protocols;
  • Behaviors by location, race, ethnicity, economic status, etc.;
  • Unmet needs for health care, social services and financial support.

To learn more, about the CV19 CheckUp, please visit newyork.cv19checkup.org.

April 28, 2021 - 1:45pm
posted by Virginia Kropf in business, Kelly Butler, ice cream truck.

(Above, Kelly Butler stands at the service window of her ice cream truck, which opened April 14 in Batavia, after a year of preparation.)

You might say ice cream is in Kelly Butler’s blood.

“I grew up in the ice cream business,” said Butler, whose mother, Debra Webster, owns Dave’s Ice Cream on West Main Street Road in the Town of Batavia. “I’ve worked in her store since I was a kid. I always loved working there, and I started thinking how cool it would be to have my own ice cream truck.”

Her mother has no problem with her daughter competing in the same business.

In fact, they even talked about Butler parking her truck at her mother’s ice cream shop, but decided that would be counterproductive, so when an acquaintance offered to let her park at his business on West Main Street, she jumped at the chance.

“I knew there would be a lot more traffic there,” Butler said. 

Butler’s ice cream truck has been a year in the making. Last May, she and her mother flew to Boston to drive back an old post office truck she had bought. Near Watertown, at midnight, the truck quit.

After a $1,000 tow bill they got the truck back to Batavia, where Butler took it to J.P. Food Truck near Corfu, a company which specializes in building food trucks. 

Converting the vehicle to a food truck proved to be a challenge, due to the coronavirus pandemic, which made nearly every part they needed scarce or hard to get.

Butler’s brother, Tanner, is an electrician and did the electrical work for her. The rest of her family pitched in to help set the truck up with a generator, sinks, water and wastewater storage and a colorful wrap of aqua and pink on the exterior.

She hit the streets April 14 with the revamped truck, setting up initially at Suds Puppy on Clinton Street while waiting for her permit to come from the city.

Her business -- dubbed Ice Cream & Chill -- is starting out good, although the recent snowstorm put a damper on sales for a couple of days.

Butler’s mom also owns an ice cream business in Brockport, Abbott’s Frozen Custard, which she takes to festivals. That gave Butler an idea to do the same and she’s anxious to be available for weddings, birthday parties or other events.

Butler makes all her own ice cream at her mother’s store on West Main Street. Butler’s is all homemade soft-custard ice cream, she said. 

“It’s very creamy,” Butler said.

She serves eight flavors, including customers’ favorite – Cookie Monster – and the most unique flavor – Pink Lemonade. 

She also offers a dish of ice cream for dogs, which includes a small scoop of ice cream with peanut butter and a homemade dog biscuit.

Every day when the weather is not inclement, Butler’s ice cream truck can be found parked at Trinstar Satellite TV LLC, at 355 W. Main St. in the City of Batavia.

“People don’t want to stand in line in the pouring rain,” she said.

Information on how to contact her for special events can be found by visiting her at: @icecreamandchilltruck on Facebook, Twitter and Instagram or calling (585) 739-5381.

Photos courtesy of Debra Webster.

Below, Kelly Butler’s dog enjoys a dish of soft ice cream with peanut butter and a homemade dog biscuit. ​

Below, the menu posted on the side of Kelly Butler’s ice cream truck advertises her homemade flavors of cones, sundaes and floats.

Below, Kelly Butler and her mother, Debra Webster, drove to Boston last year to purchase this former postal truck, which she spent a year having retrofitted as an ice cream truck.

April 28, 2021 - 1:10pm

From Laura A. Wadhams, P.E., assistant County Engineer:

Brown's Mill Road at the West Bethany Road intersection, on the border of Alexander and West Bethany, is closed for approximately two weeks for a culvert replacement project.

This work will not affect traffic on West Bethany Road. 

The public will be notified once the road is reopened.

April 28, 2021 - 12:56pm

Press release:

Assemblyman Steve Hawley is joining his colleagues in the Assembly Minority in standing against the extension of a legislative moratorium on evictions.

The Assembly Majority has introduced a bill (A.7175) to extend the moratorium through Aug. 31. Hawley has opposed extending the moratorium in the past, as it has greatly burdened small landlords throughout the pandemic that have been unable to collect rent to pay the mortgages on their properties. 

“The landlords impacted the most by this moratorium are people who have worked their entire lives to buy property to generate an income to take care of their families, and we’ve left them helpless for over a year now,” Hawley said.

“Addressing the burden placed on our housing system by COVID-19 means helping both tenants and landlords, and this moratorium deprives them of their rightful legal and financial recourse.”

April 28, 2021 - 8:19am
posted by Mike Pettinella in news, notify, town of batavia, solar systems.

Small-scale solar projects are on hold in the Town of Batavia until municipal officials, working with a paid consulting firm, can find the right ingredients to ensure a fair and effective solar ordinance.

Town Building Inspector Dan Lang took some time out of his busy day Tuesday to update The Batavian on the status of the new code, which he hopes will be drafted and approved over the next few months. In January, the town placed a moratorium on solar farms without establishing an end date.

“We’re putting out bids for a consultant and want to make sure it is the right fit for the town and matches up with our comprehensive plan,” Lang said. “We want to remain solar-friendly but we also want to make sure that we’re putting them in the right areas.”

As is the case with determining real estate values, the phrase “location, location, location” applies in the solar arena, Lang said.

“We have much to review and to sort out, but I can tell you that we’ve been tossing around the idea of incentive zoning for these systems – a tiered approach where you have your best locations, followed by areas that we would allow but would come with more restrictive setbacks and guidelines,” Lang explained. “Then, finally, a third tier where we really don’t want solar on prime farmland but if you’re going to put it here, this would have to be in a specific spot (and likely costlier for the developer).”

Part of the siting process is to identify areas where the transmission power lines have enough capacity to hook into the grid, Lang said.

Thus far, the Town of Batavia has approved five solar projects, all of them active and sitting on parcels of 20 acres or less and generating 2 to 5 megawatts of electricity. Those five are on Bank Street Road (on land owned by Thomas Lichtenthal), on Lewiston Road (two, Call Farms) and on Pearl Street Road (two, Dan Miller).

Five more are at various stages of construction and/or review and are yet to be activated. Those are on West Main Street Road (two, Fred Bowman), on Batavia-Stafford Townline Road (Daniel Underhill), on Galloway Road (Wayne Dunham) and on Ellicott Street Road (Donald Partridge).

Another five are in limbo, Lang said, due to the moratorium and the effort to adopt a new solar ordinance.

Lang said town officials have learned much through the process of approving the five systems, notably that they weren’t up to speed on the amount of buffer and screening needed to hide them from neighbors, and that they would have been better served by limiting the number of utility poles.

That’s where the consultant comes in.

“From experience, we realize we need to reach out and have a consultant come in and tell us some of the better areas for the solar – more or less, what companies will be looking for as far as transmission lines that have the capacity to move electricity from solar farms,” Lang said.

He admitted that it has been difficult keeping up with an industry that is constantly changing.

“For example, we’re finding that we can get away with more underground lines instead of looking at the ugly utility poles,” he said. “No matter what, it continues to evolve and then there is the matter of battery systems and battery storage to deal with. It’s all moving at a rapid pace.”

Lang said the objective is to respect the landowners’ right to put solar on their property while producing cleaner and greener energy in a location that doesn’t negatively impact the surrounding community.

“We realize – and this is a big thing – that supplemental income for the farmer who wants the solar there is important and we encourage that because that’s the highest and best land use value for them,” he said. “And we’re trying to find areas where it’s ‘out of sight, out of mind’ and not intrusive to the neighboring properties.”

Currently, the town requires a decommissioning bond on every project, Lang said.

“If something does go south with it, the system will be removed. It really is a farmland protection. If it is removed five or 10 years from now, you have soil that has been untouched and ready to go again for farming,” he said,

Lang acknowledges that solar projects draw complaints from those who live next to the proposed site.

“We’ve heard them all – they’re an eyesore, they pollute the land and so on,” he said.

When a consultant is selected and a new ordinance is drafted, the plan will be reviewed by county and town planning boards before going to the Town Board, Lang said. Until then, more meetings of a six-person committee that includes Lang will be scheduled and citizens are invited to send their opinions via email to [email protected].

Other members of the committee are Town Board Member Chad Zambito, Town Planning Board members Paul McCullough and Donald Partridge, citizen representative Nancy Brach and Zoning Board of Appeal Member Brittany Witkop.

April 27, 2021 - 4:09pm
posted by Billie Owens in news, coronavirus, covid-19, notify.
  • Genesee County reporting 23 new positive cases of COVID-19. The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, LeRoy, Pavilion, Stafford) 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
  • Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.  


Orleans County reporting 10 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.
April 27, 2021 - 3:00pm

Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

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Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.



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