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August 20, 2021 - 8:53am
posted by Press Release in news, notify, Genesee County STOP-DWI.


Press release: STOP DWI Impaired Driving Campaign runs Aug. 20-Sept. 6

Genesee County’s STOP-DWI Coordinator announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and Village of LeRoy Police Department will participate in a special event to bring awareness to the dangers of impaired driving.

Law enforcement officers across New York State will take to the roads in an effort to stop impaired driving, prevent injuries and save lives. The statewide STOP-DWI Campaign will start on August 20th and will end on September 6th.  

This event is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association with additional funding from the New York State STOP-DWI Foundation and the Governor’s Traffic Safety Committee.

STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, however, still too many lives are being lost because of crashes caused by drunk or impaired drivers.  Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaigns aim to further reduce the incidence of drunk and impaired driving. 

Always remember impaired driving is completely preventable.  All it takes is a little planning.

August 20, 2021 - 8:30am
posted by Howard B. Owens in eel federal credit union, batavia, news.

Press release:

ESL Federal Credit Union announces the launch of the ESL First-Time Homebuyer Grant, a 10-to-1 dollar-for-dollar match, up to $10,500 toward down payment and closing costs, for eligible Black and Latino residents in Greater Rochester.

According to U.S. Census data in the Hard Facts Update released in 2020 by ACT Rochester, homeownership rates among Black and Latino residents are 32 percent and 35 percent, respectively, in the Greater Rochester nine-county region. This is compared to 73 percent among white residents in the region.

“The creation of the ESL First-Time Homebuyer Grant helps in addressing the inequitable homeownership opportunities that exist in our community,” said Faheem Masood, president and CEO, ESL Federal Credit Union. “These inequitable opportunities experienced by the Black and Latino communities have existed for generations, and have stood in the way of providing these residents with access to and attainability of homeownership, the most common of wealth-building tools. Our community cannot be prosperous so long as these inequitable opportunities exist, and ESL is committed to doing our part to embedding greater equity in our community so all who call Greater Rochester home can thrive.”

The ESL First-Time Homebuyer Grant offers eligible first-time homebuyers the ability to earn $10 in grant dollars for every $1 saved over a minimum six-month savings period. The grant provides home buying educational support, a dedicated ESL Savings Account, and funds towards down payment/closing costs.

“Our goal is to make the home buying process more accessible for Black and Latino residents in our community,” said Caytie Bowser, Vice President/Director, Product Development and Management, ESL Federal Credit Union. “Closing costs and down payments are two of the biggest impediments when it comes to the homebuying process. Through this grant, we are not only able to lessen the upfront cost burden of buying a home, but ultimately set up grant participants for long-term success through first-time homebuyer education sessions and access to post-homeownership guidance.”

Grants are available annually on a first-come, first-served basis to eligible Black and Latino buyers. ESL is committed to providing 300 grants on an annual basis.

The grant funds will be made available to owner-occupied purchased properties that are located within Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Steuben, Wayne, Wyoming, and Yates counties in the State of New York.

For complete details and eligibility requirements about the ESL First-Time Homebuyer Grant, visit the ESL First-Time Homebuyer Grant page on esl.org.

August 20, 2021 - 8:27am
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]
August 19, 2021 - 3:46pm

NEW LISTING ALERT: 15168 White City, Barre. Talk about affordable and cheaper than rent!! Here’s your chance for that home in the country with a little bit of land and not much to do! Home was recently remodeled and freshened up-features new kitchen and bath and new flooring thru out. Brand new furnace and hot water tank and newer metal roof! This home sits on a 1 acre corner lot and looks out over pretty farm country. This home is perfect for starting out or downsizing but especially for someone that is looking for quiet country living! Call Reliant Real Estate today - call 585-344-HOME (4663). Click here for more information on this listing.


August 19, 2021 - 3:23pm
posted by Mike Pettinella in news, notify.

As attorneys for both sides gear up for the possibility of a jury trial to decide former employee Michael Nolan’s civil lawsuit against Western Regional Off-Track Betting Corp., and its president and board chairman, the longtime WROTB director representing Genesee County says he doesn’t see “any merit” in the case.

“I don’t believe there is any merit in it,” Richard Siebert said on Wednesday, emphasizing that he was not at liberty to talk about specifics. “And I just don’t quite understand why the lawsuit seems to be singling out our CEO, Henry Wojtaszek, and our chairman of the board, Richard Bianchi. It should be filed just against the corporation, that’s all I will say.”

Siebert, an OTB director for 28 years, did offer a bit more, however, noting that the board has been expecting this suit to be filed.

“We knew that his (Nolan’s) attorney has been trying to threaten all types of lawsuits if we didn’t make some compromise … but all I can say is to my knowledge – and I am knowledgeable of the situation, there is no basis for this lawsuit,” he said.

“It will take a couple years for the courts to settle it out, but there’s no basis in my mind, whatsoever, and I don’t think the corporation is going to suffer from it.”

Nolan, the public benefit company’s former chief operating officer, was fired from his position last December. He is seeking $14.5 million in damages, according to a 23-page filing by his lawyer, Steven M. Cohen of HoganWillig, PLLC, of Buffalo, on Aug. 12 in U.S. District Court Western District of New York.

The suit names WROTB as well as Bianchi and Wojtaszek (both as individuals and in their capacities with the corporation) as defendants.

It contends that Nolan was ostracized and kept out of OTB matters since April 2019 for speaking to federal and state investigators about the corporation’s practices, including offering gold-plated health insurance for board members with political ties, misuse of professional sports tickets and luxury boxes, and awarding of contracts “to politically-connected entities associated with WROTB.”

Cohen is seeking $14.5 million in compensatory damages for his client, plus the reinstatement of Nolan to his former COO position and of full fringe benefits and seniority rights, along with damages sustained due to the violation including, without limitation, the compensation for lost wages, benefits and other remuneration, and payment of all reasonable costs, disbursements, and attorney's fees.

Responding today to an email from The Batavian, Cohen said Nolan has been punished for being honest in his replies to investigators looking into possible wrongdoing at WROTB.

“My client has been through an ordeal, all for telling the truth to the law enforcement agencies who are investigating corruption at the WROTB,” he said. “My client neither commenced the investigation, nor initiated contact with the authorities.  He is not the only one to speak with the FBI, New York State Comptroller, U.S. Attorney or (NYS) Gaming Commission.”

Cohen said that Nolan “may be the only one who disclosed to the board exactly what he told the authorities, which put them in a panic.”

“The conduct of the defendants has been despicable and we are looking forward to presenting our evidence to the judge.”

The attorney for WROTB, Daniel C. Oliverio of Hodgson Russ, Buffalo, spoke to The Batavian on Wednesday -- calling Nolan’s suit “a political hit job that’s going to fail.”

“OTB commissioned an independent lawyer to do an investigation (Terrence Connors of Connors LLP, Buffalo) – not our firm,” Oliverio said. “He interviewed I think 46 witness and the report is hundreds of pages (actually 380 pages), including Mr. Nolan himself twice for hours. He didn’t come up with one shred of evidence to support the allegations.”

Oliverio said that Nolan changed his story repeatedly.

“We examined Mr. Nolan under oath, in what is called a 50-H proceeding as we’re entitled to that per New York law,” he said. “We examined him twice under oath for several hours, and he couldn’t substantiate any of his allegations; he backtracked.”

Oliverio categorized the suit as “political nonsense from an employee who was disgruntled, and we believe it was an attempt to upset Mr. Wojtaszek and the board.”

“And, by the way, OTB has been doing very well through the pandemic and now afterwards with their various ventures. So, we think this is nothing more than a political hit job that’s going to fail.”

Going forward, Oliverio said once his clients are served, he likely will have an opportunity to make a motion to dismiss the case outright. Should that not happen, it will enter the discovery phase where depositions will be taken again, including a statement from Nolan. From there, the court could grant a summary judgment or call for a jury trial.

“Either way, it’s fine with us,” he said, adding that the court will set a schedule for him to respond, usually around 30 days. “A court is going to adjudicate this -- not Mr. Nolan or his lawyers in press conferences -- according to a jury."

Previously:  Lawsuit seeks $14.5 million for former WROTB officer

August 19, 2021 - 10:19am
posted by Mike Pettinella in news, notify, town of batavia, Park Road Reconstruction Project.

Catco Construction of Alden is the apparent low bidder to be the general contractor for the $4.3 million Park Road Reconstruction Project.

Town of Batavia Engineer Steve Mountain reported a “favorable” bidding process, in which 11 applications were submitted to take the lead role in an extensive rehabilitation of the road from Lewiston Road (Route 63) to Oak Street (Route 98).

“We will be looking to finalize the awarding of the contract over the next month,” Mountain said, adding that construction could start this fall depending upon the availability of materials. “We’ll be doing the utility work first and then the road work.”

The project consists of the following:

  • Installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road;
  • Overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98;
  • Installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Funding from New York State will cover most of the cost, except for the $900,000 it will take to replace the water main. The Batavia Town Board recently passed a resolution calling for the issuance of serial bonds not to exceed $975,190, offset by any federal, state, county and/or local funds received.

Western Regional Off-Track Betting Corp. has agreed to pay up to $395,000 for additional property enhancements near Batavia Downs Gaming.

On another front, Batavia Town Supervisor Gregory Post said highway crews are about 10 construction days away from completing culvert pipe on South Main Street Road at the intersection of Wortendyke Road – a project that has closed South Main Street Road to motorists for several weeks.

“We should be on scheduled to open it to traffic prior to the school bus season,” Post said.

Also, the Batavia Town Board on Wednesday night approved a resolution to contract with the Clark Patterson Lee engineering firm to prepare a report and provide other information for the Pratt Road Sewer Study. The $24,000 cost of the study is being paid for by an Engineering Planning Grant.

August 19, 2021 - 8:34am
posted by Howard B. Owens in crime, Le Roy, batavia, news, notify.

Richard Andrew Auguliaro, 53, of Mumford, is charged with grand larceny 4th.  On Aug. 15, the Sheriff's Office received a report of a wallet, containing a debit card, stolen from a location in Le Roy. Auguliaro was arrested and charged following an investigation by Deputy Robert Henning and Investigator Ryan DeLong.  He was released on an appearance ticket.

Michael Wesley Flint, 22, of Spring Street, Mount Morris, is charged with criminal possession of a controlled substance 7th. Flint was allegedly found in possession of heroin at the time of his arrest on a violation of probation warrant.  Flint was issued an appearance ticket and then turned over to the Livingston County Sheriff's Office on the warrant.

Corey Amber Knapp, 19, of North Street, Medina, is charged with two counts of criminal possession of a controlled substance 7th. Following a traffic stop at 7;23 p.m., Jan. 1, by Deputy Jacob Gauthier, Knapp, who was a back seat passenger, was allegedly found in possession of fentanyl and cocaine.

August 19, 2021 - 8:20am
posted by Press Release in community garden, batavia, news.

Press release:

Fresh vegetables and beautiful flowers abound right now at the City of Batavia Community Garden. In its ninth year of operation, the garden started small and has expanded each year and now has almost 50 beds available for lease.

If you’d like to learn more about it and see it first hand, the Garden Advisory Board and current gardeners are hosting an open house to take you on a tour.

Join us on Tuesday, August 31, 2021, any time between 4:30 p.m. and 6:30 p.m. 

There are currently plans to expand the garden next year. There will likely be plenty of ready-to-plant raised beds available for lease at a reasonable cost. 

Master Gardeners are on hand to assist with gardening tips and tricks and pest management. Gardeners are expected to help maintain common areas if they can.

Join our Facebook https://www.facebook.com/BataviaCommunityGarden/ page or visit the City of Batavia website for further information. https://www.batavianewyork.com/community-garden

August 19, 2021 - 8:17am
posted by Press Release in sports, harness racing, Batavia Downs.

Press release: 

Since winning the driving title there in 2017 with 134 victories during that meet, Larry Stalbaum has since only driven at Batavia Downs eight times in the last four years and, without a victory. That all changed on Wednesday (Aug. 18) when “The Bomber” shipped into Genesee County with Miss Irish Rose A who won the $9,500 Filly and Mares Open II pacing feature. 

Miss Irish Rose A left from post six and led at every station. Stalbaum set fractions of :28, :58.1 and 1:27 as Lady Dudette (Kyle Cummings) tried to track from the pocket and Stay Beautiful (Braxton Boyd) attempted to push the issue from the outside. But none of that opposition seemed to matter to Miss Irish Rose A who kept to her task, opened up a 2-1/2 length lead by the top of the stretch and cruised home a wrapped-up winner in 1:55.2. 

Miss Irish Rose A ($3.00) scored her fifth win of the year for Stalbaum, who also owns and trains the mare. 

Shawn McDonough and Drew Monti each had two consecutive driving wins on the card to lead all other drivers for the night. 

The guaranteed $12,500 Pick-5 pool on Wednesday drew a lot of interest and also provided a healthy payout. When the bell rang at the start of the first race, the final Pick-5 pool inflated to $24,832 and when the horses tripped the beam at the conclusion of race five, the combination of 4-4-4-6-1 returned a whopping $6,590 for a $1 wager.

Although the Pick-5 was hit, there are still two carryover pools available for the Jackpot wagers on Saturday (Aug. 21) when live racing resumes at Batavia Downs. The Jackpot Pick-6 which starts in race five has a $2,008 carryover and the Jackpot Super Hi-5 in race 10 has a carryover of $388. Post time for the first race is 6 p.m. 

August 19, 2021 - 8:16am
posted by Press Release in anti-rabies clinic, health department, news.

Press release:

Rabies is a deadly but 100% preventable viral disease of mammals that is most often transmitted through the bite of a rabid animal. The rabies virus attacks the central nervous system (brain and spinal cord), ultimately causing disease in the brain and death. 

Each year, the vast majority of rabies cases are reported occurring in wild animals like raccoons, skunks, bats, and foxes. “It is very important to get your pets vaccinated and not to touch or handle any stray or wild animals including baby animals and bats,” stated Paul Pettit, Director of Genesee and Orleans County Health Departments (GO Health).  “Remember not to touch animals out in public as they may be scared and bite or scratch out of fear.”

Bats can occasionally find their way into houses, which most often occurs during the summer nights. What should you do when you find a bat in your home? It is extremely important to safely capture the suspected animal if it has or may have been in contact with people, pets or livestock so it can be tested for rabies. If the bat cannot be captured, you should call the health department for advice and next steps. If you are certain that the bat did not come in contact with a person or pet, close the room and closet doors, open the windows and watch the bat until it leaves your house.

In some situations, it is possible that a bat bite could go undetected. For example, when a bat is found in a room with a sleeping person or a bat is found next to an unattended young child. 

“If the bat is available for testing and the test results are negative, post-exposure treatment will not be needed,” stated Pettit. Rabies post-exposure prophylaxis is recommended for all persons with a bite, scratch or mucus membrane exposure to a bat, unless the bat is available for testing and is negative for evidence of rabies. 

To safely capture a bat:

·       Turn on room lights and close all the windows.

·       Close the room and closet doors.

·       Wait for the bat to land.

·       While wearing thick leather-like gloves, place a coffee can, pail or similar container over the bat (Never handle a bat with your bare hands).

·       Slide a piece of cardboard under the container to trap the bat. 

·       Firmly hold the cardboard in place against the top of the container, turn it right side up and tape the cardboard tightly to the container. 

By avoiding contact with stray or wild animals, saving the bat or animal that may have had contact with humans or domestic animals, and reporting an incident to your local Health Department, we may be able to avoid unnecessary medical treatment that averages over $3,000.00 per person. As a pet owner, if you see your pet bite someone or know that your pet bit someone, please report it to the health department so we can get rabies verification. This will help avoid unnecessary medical treatment for the victim.  

Please take note of our upcoming FREE drive-thru anti-rabies immunization clinics for dogs, cats, and ferrets in Genesee and Orleans Counties. 

Orleans County: Orleans County Fairgrounds (12690 RT. 31, Albion, NY)

·      October 2, 2021, from 9:00-11:30 a.m.

Genesee County: Genesee County Fairgrounds (5056 East Main Street, Batavia, NY)

·      September 16, 2021, from 4:00-7:00 p.m.

·       October 14, 2021, from 4:00-7:00 p.m.

August 19, 2021 - 8:02am
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]
August 18, 2021 - 11:48pm
posted by Mike Pettinella in news, village of le roy, Eric Biscaro, Clinton Crossings.


One after another over the course of an hour and forty minute public hearing tonight, residents of East Avenue, Poplar Lane, Orchard Drive and South Street in the Village of Le Roy took the microphone – letting Batavia developer Eric Biscaro know how much they love their “jewel” of a neighborhood.

Biscaro, owner of Armor Building Supply, stood his ground, though, responding that his proposal to build 30 duplex units for tenants age 50 and over on a 20-acre parcel off East Avenue and open up eight single-family home building lots by extending the street would be a good thing for the community – creating more housing opportunities for older people and adding to the tax base.

The setting for the public hearing called by Village Mayor Greg Rogers was Memorial Auditorium at Trigon Park, where about 85 people – most of them from the area where Biscaro hopes to build – showed up either to voice their opinions or to hear what others had to say.

The project has been on the table for several months, with Biscaro proposing his Le Roy version of Batavia’s Clinton Crossings Adult Community to the Genesee County Planning Board in early April.

Since then, it has encountered considerable opposition, primarily from residents near the identified location who fear a substantial increase in traffic along East Avenue – as currently that is the only way to access the proposed development – and are concerned about stormwater runoff from the complex.

Village board members heard more of the same tonight, as well as impassioned pleas from longtime homeowners to put the complex somewhere in the Town of Le Roy as to not disturb their peaceful setting.

Maurice Turner of 24 East Ave., a transplanted Rochesterian who said he and his wife purchased the home about 21 years ago, may have summed up the neighborhood feeling the best when he addressed the crowd about two-thirds of the way through the public hearing.

“When I looked at this place, I said, ‘This is a jewel … this is sweet,’” he said. “One way in, one way out, and that particular day, I didn’t see a lot of traffic. But what I did see … is anybody that can’t see this must be a fool … I’m saying that because of the passion in my heart that I have for the area that I live in.”

Turner said he thinks the Biscaro project – which would need a zoning change from Residential to Planned Unit Development – would be best suited for the town, but if it had to be in the village, he suggested that village officials “think outside of the box” by putting in an access road from Asbury Road, and leave East Avenue and the surrounding streets as is.

Mayor Rogers opened the meeting by outlining the Village Board’s reasoning for considering the project, stating that the dwellings would generate needed tax money and fill the need for housing for seniors.

He said the village was committed to spending up to $1 million on improvements to East Avenue, citing a 1988 resolution that authorizes the village to fund projects that would enhance future growth.

Biscaro followed with a quick overview of the project, using a video of the set-up at Clinton Crossings and photos featuring trees and other buffering around the Le Roy parcel.

He said each lot of the senior development would measure 100- by 150-feet, and could be accessed by a main exit off East Avenue toward the center of the parcel and, in an emergency situation, from South Avenue onto East Avenue.

Twenty-four of the 30 one-floor units would measure 1,200 square feet plus a one-car garage and six of them would measure 1,450 square feet with a two-car garage.

He stressed that the development would not be visible from the south, north and west as long as the trees are there (which he promised to make sure they are retained), and about 40 percent of it could be seen from Asbury Road to the east.

Biscaro also spoke about the success of the Clinton Crossings complex, noting that residents there and those who live along the adjacent Stringham Drive co-exist without any issues.

Although Rogers set ground rules, asking for an orderly process to accommodate those who wished to speak, the public comment session began on an emotionally-charged note when Tom Condidorio, at a high decibel level, said that the proposal to put in a PUD “is not the future of our village.”

“If anybody here thinks it is, stand up and tell me please. Any LeRoyan in this village, (if) you think this belongs here, stand up and tell me!” he shouted.

He then contended that the Fussells, who own the land to be purchased by Biscaro, will be making a lot of money (a notion later challenged by E. Robert Fussell and his daughter, Anna Sorensen, who said they have been paying taxes on that land for many years).

Condidorio, an East Avenue resident, went on for a couple minutes, mentioning that he was “passionate” about the subject, before Rogers stepped in to keep the situation from escalating.

About 16 more people spoke after that (most, but not all against the project) before Rogers wrapped things up. He said the board would not be taking any action tonight, but would resume the public hearing at its Sept. 15 meeting.

“We want to give it proper thought and follow up ... and do our due diligence,” he said, advising that the board will provide more information about traffic patterns in the village and continue to obtain data about water runoff.

Previously, Biscaro said that he intends to ensure that no more water will run off of the property than what takes place now.


Updated: 8 a.m., 8/19

  • Rogers, on putting the development in the Town of Le Roy: "All of the building is going on in the town. The farmers don't want to lose that good, valuable farmland. And the biggest consideration ... of people is in the village." To which Condidorio replied, "Then, let's make those homes; let's make it residential (not rental)."
  • Biscaro, on the possibility of receiving tax incentives (from the Genesee County Economic Development Center): "I don't know yet. If we get one, it will be the first one in the county ... for residential building. And the reason is the 2018 housing study for Genesee County is begging for housing like this." To which Rogers replied, "We won't support a PILOT (Payment in Lieu of Taxes) that comes out of ... the taxpayers' pockets."
  • Sorensen, on the need for senior housing: "People need housing. These are beautiful places. I heard originally that they were horrible ... so I went out and looked at them. I disagree."
  • Rene Robinson, Poplar Lane, on demographics in Le Roy: "(Per 2018 census) over 55 is the smallest growing population, the lowest population of LeRoyans that we have. So, to focus an entire development on over 55 and then state you are going to use taxpayer money because it's earmarked for future growth of residents is really not reasonable." Biscaro's response was that older people would be able to stay in Le Roy because of this type of housing, and by selling their homes, it would open up housing for younger people.
  • Barb Anchor Elliott, East Avenue, on safety pertaining to traffic: "The only access to getting into this development is going to be East Avenue ... you can park on the east side of East Avenue, and if you park on the east side, there really isn't room for two cars to get by. So, I can not see how construction vehicles and all of that can come down East Avenue and maintain the safety." Other speakers agreed with her assessment, adding that the traffic is already heavy in the morning when school is in session. She added that if the (Great Lakes) cheese factory doesn't go through on Route 19, north of the village, that would be a good place for the development.
  • Biscaro, on traffic flow at Clinton Crossings: "There's nowhere that traffic. Out of our 40 units, five have no vehicle, and only two units that have two vehicles. Even though that place is 55 and over, the average age is 75, 76 years old."
  • Jackie Whiting, on Village Board's responsibilities: "Whether I agree or disagree is neither here nor there. Their job is to investigate opportunities for the village, looking into all possibilities. They may say yes, they may say no ... whether I agree or disagree, I thank you guys for your time and effort ..."
  • Florence Condidorio, East Avenue, asked why professional environmental studies weren't done beforehand. Rogers replied that the flood plain and stormwater plan are the developer's responsibility, and the Village Board's responsibility is to review those plans (in this case utlizing Clark Patterson Lee engineering firm). Biscaro said he contracted with an engineer "and there will be less water now than is coming off currently."
  • Dwight Kanyuk, attorney representing Condidorios, on the need to have State Environmental Quality Review Assessments: "It's up to this board under SEQR whether there may be a significant adverse impact of their project on the environment." He said it doesn't appear that the correct procedures were followed in accordance with Type 1 SEQR regulations.
  • Ron Pangrazio, East Avenue, on water problems that prohibited further development of that street: "(After investigation), they told us, 'We're not giving you any state aid to put in those streets -- it's too much money; it's too wet. They turned it down, and we went someplace else."  He said water problem needs to be corrected, and the development "is putting the cart before the horse."
  • E. Robert Fussell, property owner, in response to Pangrazio: Stating that the homes on East Avenue were developed by his father, he said, "That (water) is not the reason (more homes weren't built). The reason is the village refused, and this was decades ago, a lift station to that my father could make any money at all developing land past Pangrazio's and Condidorio's houses on East Avenue." He said he believes people should be able to live in the village, and the Biscaro proposal presents an opportunity for older people to do that. 


Photo at top: Maurice Turner presents his views about the proposed housing development off East Avenue in the Village of Le Roy. Behind him is Eric Biscaro. Photo at bottom: Twenty acre parcel that Biscaro is hoping to develop. Photos by Mike Pettinella.

Previously: Rogers: Housing project in the Village of Le Roy hinges on science-based stormwater retention plan

Previously: Developer, mayor address criticism; stage is set for May 19 public hearing on Le Roy senior housing development

August 18, 2021 - 2:02pm


A Summit Street entrance and exit to the proposed Healthy Living Campus is off the table.

That’s the word from Duane Preston, City of Batavia Planning & Development Committee chair, following Tuesday night’s monthly meeting at the City Centre Council Board Room.

Consultants and architects assigned to the joint venture of United Memorial Medical Center (Rochester Regional Health) and the Genesee Area Family YMCA continued their presentation of the $30 million Downtown Revitalization Initiative project, looking to address concerns from their appearance in July.

At the forefront was the idea of an access from Summit Street on a parcel owned by the hospital between two houses on the west side of the street. Developers contended that it was needed to ensure proper traffic flow; planners, however, disagreed.

“They (project representatives) were kind of hesitant but we all agreed to take the Summit Street access off the plan,” Preston said. “Nobody on the board felt that it was needed at this point and my thing is that it is something that could be put in at a later date if we had to.”

As it stands now, vehicles will be able to enter the campus via Bank Street, Washington Avenue or Wiard Street.

Preston said two residents of Summit Street spoke against the access, mentioning increased traffic on the street and annoyance of vehicle lights in the backyard or side of their house.

The PDC also had hoped developers would expand the amount of green space along the east side of the GO ART! building at the corner of Main and Bank streets, removing some parking spaces in the process.

Consultant David Ciurzynski said that has been addressed, making that area more of a park-like setting.

Preston said he expects more green space there, but emphasized that developers still believe all parking lots in the plan are necessary.

No official action on the site plan was taken, said Preston, adding that the State Environmental Quality Review will be conducted now that the public hearing is over.

“They’re going to throw us another plan next month, and we’re going to go from there,” he said. “We all agree that the building is great. We don’t want to pinch this whole thing … but we’ve spent more time on the parking lot than we have on the building. Still, we have to do what’s best for the residents of Batavia.”

In other action, planners approved downtown design reviews for a new façade, lighting and signage on one side of the Batavia Tailors & Cleaners building at 33-39 Ellicott St., along with a new rooftop heating and air conditioning unit, and for renovations at Fieldstone Private Wealth, 219 East Main St.

Photo: The City of Batavia Planning & Development Committee has decided against allowing a Summit Street access point to the proposed Healthy Living Campus.  Photo above was taken from Wiard Street, looking east to Summit. Photo by Mike Pettinella.

August 18, 2021 - 12:19pm


The Batavia Town Planning Board wants to see “a big idea” before passing judgment on developers David and Katie Ficarella’s proposal to construct what they are calling the Hickory Ridge Estates senior housing complex on the north side of Route 33 (Pearl Street Road), just over a mile west of the City of Batavia limits.

The Ficarellas, along with engineer John Schenne of Schenne & Associates, East Aurora, and general contractor Frank Lazarus of Lazarus Industries, Buffalo, appeared at the board’s monthly meeting on Tuesday night to re-introduce their plan, which is estimated to cost $17 million upon full buildout.

The Lovers Lane Road couple, about 4 ½ years ago, presented a somewhat different idea - a 110-unit senior residential site, working with Calamar Enterprises of Wheatfield.  That failed to materialize, however, and they are back with a new plan that they hope to build in three phases.

While David Ficarella said he hoped the board would review the site plan of Phase 1 at this time – and deal with future phases later, Planning Board Chair Kathy Jasinski and Town Engineer Steve Mountain advised that the project needed to be submitted in its entirety.

“You can make it smaller if you want to later, but it’s better to do it all as a big idea,” Jasinski said.

Mountain concurred, stating that “the biggest thing that we need in order for the planning board to do a SEQR (State Environmental Quality Review) is exactly what this project and any future phases entail.”


“The site plan … is more than sufficient to bring to the planning board. What we need now is ‘What’s the concept on Phase 1? Phase 2, and where’s the off-site sewer going,” he added. “Any improvements that are part of the project now or in the future have to be identified so they can look at the project as a whole under the environmental review.”

Town Building Inspector Dan Lang said he has received Ficarella’s application, but won’t be able to forward it to the Genesee County Planning Board until the entire subdivision process is complete.

Mountain noted that the planning board needs to see where public roads will be put in, the location of private roadway, plans for private sewer and connecting to public sewer infrastructure, along with information about traffic flow.

The Ficarellas said that Phase 1 will consist of the construction of 40 duplex rentals for tenants age 55 and over on 20.629 acres, located across from Donahue Road, and stretching west along the state highway. All of the units will have two bedrooms and two bathrooms.

Phase 2 calls for an additional 10 duplex rental units on 7 acres just north of the first phase, beyond the National Grid right-of-way that has been identified as a future extension of the Ellicott Trail.

Phase 3 is construction of either rental or custom build homes on 40 acres – extending Donahue Road to the west end of Edgewood Drive, which is part of the Meadowbrook Estates development.


Schenne, who said he designed the Meadowbrook Estates subdivision for (the late) Gary McWethy about 15 years ago, explained that he is working with the Army Corps of Engineers to obtain wetlands permits as about 25 percent of the Phase 1 parcel is wetlands.

Currently, a pond exists on the site and two other ponds for stormwater will be created as required by state law to get a stormwater permit, he noted.

“We have to collect the stormwater, detain it, treat it and release it,” he said. “And we’re not allowed to do that in the wetlands.”

He said the Phase 1 site will drain to Route 33, where there is a large drainage channel along the road, and eventually all of the project ponds will be connected with underground storm pipes and drain tubing.

When asked if the units had basements, he said that would not be the case, adding that the site being flat and having a high groundwater table “really doesn’t lend itself to basements.”

Schenne said the proposal also includes about 3,000 linear feet of water line.

“Gravity sewers would connect through an adjacent property that Dave controls at this point – to the east – and connect to the Meadowbrook subdivision,” he said. “There’s a lift station there and our sewers would dump into sanitary sewers there and run through their lift station to get to the city treatment plant.”


All utilities, cable television and telephone lines will be underground, said Ficarella, adding that he is working out the logistics with the utility companies and Spectrum.

“Everything is underway. We’re waiting to break ground as soon as we can,” he said.

Lazarus said his company will provide cold-rolled steel to be used to frame the units, instead of lumber, to help the developers keep construction costs “consistent.”

“We use this in the commercial environment .. extensive use in the multi-family and commercial side of things,” he said. “It does have all the engineering requirements for residential … and it doesn’t affect the comfort of the home in any way, shape or form.”

Concerning Phase 3, planner Paul Marchese questioned the plan to connect to Edgewood Drive, pointing out that there currently is only one entrance to and exit from the road.

“Gary (McWethy) was given the permission to expand to some of those but the requirement was that he had to put that point of egress unto (Route) 33 but it never happened,” Marchese said.

Schenne replied that it didn’t happen due to the exorbitant cost of putting in the roads and utilities, but things are different now.

“With this big development going here, the need for a secondary egress for emergency vehicles, plus the fact that we have a force main that we want to run across there, makes a lot of sense to connect this up,” he said, as he distributed a map of a site plan showing nine additional building lots at the west end of Edgewood.


Jasinski said that there has been much discussion about extending Edgewood Drive, “but this is the first time that it looks like it’s going to happen.”

Ficarella mentioned putting a multi-use facility on 1.75 acres in the southwest corner of the Phase 1 development, possibly a fuel station or store. Currently, it is zoned Agricultural-Residential, and would need a special use permit.

He was advised to include that – as well as details about Phase 2 units as it pertains to the future Ellicott Trail extension -- in the site plan for the entire scope of the project.

“Again, you have to hone in on exactly what it is you’re going to build,” Mountain advised. “And once you know that, that’s when we can review everything.

“Essentially, you need a draft plat mat, so if there are going to be future public roads going to Edgewood, we need to see that layout. It doesn’t have to be a ton of engineering, but it has to be enough to know that it will work – and it all has to be laid out so we can review everything.”

Schenne said that he expects to have the requested drawings done by the planning board’s September meeting.


In other action, planners approved placement of a sign and the site plan for Zambito Realtors to open an office in a house the company recently purchased at 8329 Lewiston Rd., across the street from Applebee’s.

Lang said the sign would be placed 36 feet from the road and out of the right-of-way, and the site plan meets all existing town zoning regulations.

Owned by Rita Zambito and her son, Mark, the agency has three other locations – the main office in Medina and offices in Lockport and Orchard Park. Rita Zambito said about seven real estate agents will be working out of the Batavia site.

The renovation project includes siding, windows and removal of a breezeway to make room for a handicap ramp. Future plans call for widening the driveway to allow for more parking.

Photo: Presenting the Hickory Ridge Estates development proposal to the Batavia Town Planning Board last night are, from left, David and Katie Ficarella, and John Schenne. Photo by Mike Pettinella.

Previously: Lovers Lane Road couple's senior housing development off Pearl Street Road is back on the table | The Batavian

August 18, 2021 - 10:43am
posted by Howard B. Owens in sunset, pembroke, news.


Photo by Joanne Meiser.

August 18, 2021 - 9:36am
posted by Howard B. Owens in Grand Jury, crime, news, notify, batavia.

Charles M. Jackson is indicted on counts of menacing a police officer, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, four counts of reckless endangerment in the first degree, three counts of obstructing governmental administration in the second degree, two counts unlawful fleeing a police officer in a motor vehicle in the third degree, two counts of reckless driving, and criminal possession of a forged instrument in the second degree.  Jackson is accused of attempting to place, or place, a police officer in reasonable fear of physical injury or death by displaying a deadly weapon on March 21. He is accused of placing others in grave danger with depraved indifference to human life. He is accused of struggling with a police officer over a firearm placing others in danger. He is accused of placing others in danger by fleeing from a police officer in a motor vehicle and by ramming into two Genesee County patrol cars. He is accused of obstructing police officers from performing their official duties by fleeing. He is accused of possessing a forged Ohio State Driver's License.

James J. Santiago, Jr. is indicted on counts of criminal possession of a weapon in the third degree, attempted assault in the third degree, menacing in the second degree, and trespass. On May 3, Santiago allegedly possessed a knife while on Washington Avenue, Batavia, with the intent to use it against another person and that he intended to cause physical injury to another person. He is accused of threatening a person with the knife. He is also accused of entering the dwelling of another person without permission and remaining there.

Daniel J. Wolfe is indicted on counts of burglary in the second degree and two counts of criminal contempt in the second degree. Wolfe is accused of entering a dwelling with the intent of committing a crime and of violating an order of protection in the process.

Edwin L. Stancliff is indicted on counts of felony driving while intoxicated, felony driving with a BAC of .08 or greater, and criminal mischief in the third degree. Stancliff is accused of driving a 2004 Chevrolet Trailblazer while intoxicated on Feb. 14 in the Town of Batavia.   He is accused of intentionally damaging a glass door at State Police Troop A headquarters.

Wayne D. Potter is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. On Jan. 11, at 111 Liberty St. Batavia, Potter allegedly held a knife with the intent to use it against another person. He is also accused of placing or attempting to place another person in fear of physical injury or death. On Feb. 16, Potter allegedly assaulted a person while in the Genesee County Jail.

James T. Saddler, III, is indicted on counts of assault in the second degree, criminal possession of a weapon third, and two counts of harassment in the second degree. On June 24, in the Town of Batavia, Saddler allegedly used a tire iron to injury another person.  He is also accused of shoving and kicking another person.

August 18, 2021 - 8:52am

Press release:

Richmond Memorial Library is excited to announce the return of a hallmark program, Books Sandwiched In, on Wednesdays in September. Books Sandwiched In is a book review program; each week, a speaker will review a book, followed by discussion and Q&A. 

The Books Sandwiched In committee has planned the Fall 2021 series in memory of Bob Knipe, who served on the committee for many years, presenting several times as a reviewer. Bob, a community advocate and friend to many, passed after a brief illness in February 2021. 

“One of our committee members had the idea to develop a series in Bob’s memory and we couldn’t think of a more fitting tribute,” shares Samantha Basile, Community & Adult services librarian and program coordinator. “Bob was an avid reader and a friend to the library and this community in so many ways. We feel humbled to honor him through this program that he dedicated his time and talent to over the years.”

Each session will feature a book about a topic that Bob was passionate about, presented by someone who knew him well. Selections range from a book about puns to highlight Bob’s delight in the English language, to a book about music and the brain, which encompasses his talent as a musician and love of learning.

The programs take place from 12:10 pm – 1 pm every Wednesday in September in the Gallery Room at Richmond Memorial Library, 19 Ross St, Batavia. Refreshments will be served. You do not need to read the books in order to attend- all are welcome!

This series will include a 50/50 cash raffle at each session, with proceeds going to Bob’s family to donate to causes of their choosing in his memory.  Enter for a chance to win a door prize at each session- a copy of the 2021 Richmond Reads book, The Music of Bees by Eileen Garvin! 

The line-up: 

Wednesday, September 1: Dr. Greg Van Dussen will review The Pun Also Rises: How the Humble Pun Revolutionized Language, Changed History and Made Wordplay More Than Some Antics by John Pollack. 

Wednesday, September 8: Tammy Hathaway will review Think Again: The Power of Knowing What You Don’t Know by Adam Grant. 

Wednesday, September 15: David Blake will review Death is but a Dream: Finding Hope and Meaning at Life’s Endby Dr. Christopher Kerr.

Wednesday, September 22: Barbara Meyer will review Musicophilia: Tales of Music and the Brain by Oliver Sacks.

Wednesday, September 29: Jay Gsell will review Saving America: 7 Steps to Make Government Deliver Great Results by Mark Aesch.

Books Sandwiched In is generously sponsored by the Friends of Richmond Memorial Library.

Richmond Memorial Library is located at 19 Ross St in the City of Batavia. Find us online at batavialibrary.org. 

August 18, 2021 - 8:47am
posted by Anne Marie Starowitz in history, County History Department, news.


I always loved teaching fourth-grade students their local history. Using the historical places that house our history was the best way to make their history come alive.  Many people in Genesee County have visited the Holland Land Office Museum, Richmond Memorial Library, and the Historical Batavia Cemetery that sleeps our famous Batavians.

However, the one place I want to highlight is the Genesee County History Department. I recently researched my church there, and I was reminded about a wonderful friend and County Historian who suggested I do a project on the prominent people who settled in this area. I loved the idea, and hence our Famous Batavian Project was born. All materials came from this department. This project was only made possible by the directorship of Mrs. Susan Conklin.  She was the County Historian from 1980 to 2014.  Mrs. Conklin created individual folders for each student on their person.  She continued to do this for my students for the next 17 years. The project required students were to write a report and present their person to family and friends in a historical building.  

Recently a former student, Erin Suttell, brought over to our home a bin of records, pictures of clippings on her great-great grandfather's ice business from the 1800s.  She wanted to know where she could find information on her relative's business. So, I introduced her to the History Department. As a result, the Citizen's  Ice Business picture and many more paper items will now be housed and preserved at the History Department.  Thank you, Erin, for sharing Bernhardt Suttell's early ice business. 

I spent many months looking through files, books, directories, and photographs for my book. Ms.  Judy Stiles, a research assistant, was a continuous support and helped with my research. Ms. Ruth Koch is the Records Management Clerk.  Records Management handle about  4,440 square feet of County records every year and provides ready access to County Agencies in need of records. 

Michael Eula is the current Genesee County Historian and has taken the department in many new directions. The History Department regularly participates in local, statewide, and national, local history efforts. Examples:     Dr. Michael Eula wrote a legal history of Genesee County posted on The Historical  Society of the New York Courts website under "County Histories." This includes every County in New York State.

The History Department maintains an information booth at the Genesee County Fair.

Eula will be giving two upcoming presentations. One is at the Richmond Memorial Library on August 17th at 7 p.m. before the Genesee Area Genealogy Society and is open to the public. 

The second upcoming presentation is at the United Methodist Church in Pavilion on September 15th at 7 p.m. before the Civil War Roundtable and is also open to the public.

He is working on a book accepted by the State University of New York Press, an extended cultural and political history of Genesee County between 1802 and the present.

The History Department was featured in the June 2021 Western New York Genealogical Society Journal.

The History Department answers dozens of information requests generated by residents, residents of New York State outside of our County, and people from various states stretching to the west coast and the Midwest.

It regularly works with local historical societies, such as the Stafford Historical Society.

This is what you will be invited to when you enter the building. You can find cemetery records and newspaper microfilm from 1822 to 1997. In addition, there are atlases and maps from 1854 to 1900 and tax rolls on microfilm from 1850 to 2013.   Another section has genealogy files. Also, county and municipalities histories, church records from 1891-1937, city and county directories 1869 to 1980, and obituary records from 1891 to 1937 are shelved here.   Finally, military records, school documents, architectural files, photographs of over 10,000 images can be found in the History Department.

Utilize their genealogy assistance, local history assistance, request public presentations, and tour this hidden gem.

Please visit 3837 West Main Street Road,

County Building 2.

[email protected]

(585) 815-7904




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