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Howard B. Owens's blog

November 26, 2019 - 5:23pm
posted by Howard B. Owens in deer committee, deep population, batavia, news, notify.

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If the City of Batavia is going to address the concerns of some residents about an apparent deer overpopulation, an expert told the City Council on Monday night, the solution will require study and consideration and will need to be an ongoing effort for many years to come.

"It's not something you can just do once," said Susan D. Booth-Binczik (top photo), a wildlife biologist with the state Department of Environmental Conservation. "The deer are not going to stop doing what they do. They're not going to go away. Whatever you do, you have to do it year after year. Otherwise, you're going to end up right back where you started."

City Council President Eugene Jankowski said the city will soon appoint members to a committee to study the issue and come up with a plan for the city to pursue.

Deer become a problem, Booth-Binczik said, when the populations in certain areas become too large. Besides destroying property and presenting a road hazard, they upset the balance of the natural habitat.

And population centers are a natural place for deer herds to grow and become comfortable.

"Deer do really well living with us -- they're in our neighborhoods because we've created sort of deer habitat," Booth-Binczik said. "There's plenty of food, a lot of it in our yards and gardens. There's plenty of the edge they like because we like patches of forest mixed in with our lawns and golf courses and there isn't a lot of mortality."

If there isn't a mortality rate of at least 30 percent per year, deer populations will grow, and left unchecked, a deer population in a particular area will double in size very two to three years.

Killing deer, preferably does, may be the most effective way to reduce the deer population.

Solutions range from efforts to encourage or enable hunting to culling.

Culling involves allowing hunters to kill deers outside the regular hunting regulations, such as out-of-season, at night, and with bait.

Or the city could become the lead agency -- or allow another organization to be it -- and work out rules and guidelines for hunters so hunters could more easily go after deer in and around the city. This would mean getting permission from property owners for hunters to go on their land to either hunt or retrieve dead deer.

"What the municipality can increase residents' comfort level with -- the idea of hunting in the community -- is to run what's called a controlled hunt," Booth-Binczik said. "This is just a way to formalize the ability of the local landowners have to set restrictions on hunters that they allow on their property."

Typically these programs only allow hunters to kill does but since most hunters want bucks for the trophy of antlers, the city could provide a hunter with a permit to kill a buck after first killing two or three does as an incentive to first hunt does.

Thinning deer herds is important not just for community residents, Booth-Binczik said, but for the entire ecosystem.

"They essentially eat all of the plants on the forest floor," she said. "So they reduce plant diversity by destroying habitat. They reduce wildlife diversity. And they also threaten the future existence of the forest because when a big tree dies and falls, there's nothing to replace it because the deer have eaten all the baby trees."

November 26, 2019 - 2:16pm
posted by Howard B. Owens in Durin Rogers, news, notify, batavia.

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More than 2 1/2 hours after the scheduled start time for a hearing a motion on allegations that Durin Rogers, City Court judge and assistant county attorney, has a conflict of interest in a Family Court matter, a reporter from The Batavian was denied access to hear arguments in the case.

Erin P. DeLabio, a judge from Erie County handling the motion after Judge Eric Adams recused himself, wouldn't even allow the reporter into the courtroom to make an argument for public transparency on the motion or grant a motion to delay the case until the reporter could obtain legal counsel. 

A deputy said DeLabio said that the motion was part of a sensitive matter.

According to a legal expert we consulted, Family Court is open to the public though individuals can be excluded from sensitive cases based on a finding supported by evidence. A motion about the attorneys in the case is not sensitive to the attorneys and the legal guardian of any children involved can consent to the presence of third-party observers.

There's no indication that DeLabio based her decision to exclude the press, and thwart public transparency of a case involving a fellow member of the judiciary, on any evidence nor that the legal guardian of the minors was consulted as to their position on a reporter being present for only the motion portion of the case.

Last month, attorney Thomas Burns filed a motion seeking to have Rogers removed from a Family Court case because of what Burns perceives as a conflict of interest.

The motion alleges that Rogers -- as a sitting, part-time Batavia City Court judge, with Burns' client also facing criminal charges in City Court -- has an apparent conflict of interest because Rogers has access to City Court documents and his position means he tries cases with other members of the county's criminal justice system who might also be involved in both cases. 

"As this court is certainly aware, and as DCA Rogers should be aware," Burns wrote in his motion, "a judge is obligated to avoid impropriety and the appearance of impropriety in all of the judge's activities and a judge is obligated to respect and comply with the law and is obligated to act at all times in a manner that promotes the confidence of the public in the integrity and impartiality of the judiciary," Burns wrote in his motion. "As this court is also aware, the judicial duties of a judge take precedence over all of the judge's other activities."

In a response to The Batavian for publication of the original story (see link above), Rogers denied there was a conflict of interest.

Photo: Taken of Erie County Judge Erin P. DeLabio from outside Genesee County Family Court through the doorway window.

November 26, 2019 - 10:17am
Video Sponsor

Plaza Caribe is an original song by Batavia native Daniel King.

November 26, 2019 - 10:13am
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.

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November 25, 2019 - 6:16pm
posted by Howard B. Owens in Big Pauly's, business, batavia.

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After 35 years in the pizza business, 15 years as an owner, Paul Berardini, owner of Big Pauly's Pizza in Batavia, has decided it's time to stop tossing dough and do something else with his life.

He's sold his business to his manager, Angela Cinquino. She opens Cinquino Pizza at the same location on Ellicott Street next week.

In a way, the business has come full circle. Berardini's first job was in the pizza shop of Cinquino's father.

"My father had a pizzeria when I was a kid so (the pizza business) is kind of in our family our whole lives and I figured since my father passed away 15 years ago so I could just bring back the tradition," Cinquino said.

At 50 years old, Berardini said he's had enough of the grind of running his own restaurant.

"I haven't had a vacation in three years," Berardini said. "I've worked every night and weekend for 35 years. I have worked on holidays. I've worked Christmas Eve, Super Bowls. It's gonna be nice to just relax."

He said Cinquino is going to do a great job.

"She knows everybody that comes to the door," Bernardini said. "She has her customer base and they love her. They're excited. They're excited for her.  ... I think she'll do very well and she will be the second female pizza owner in town. I think that's also good for business, too. You know, as a woman in business, in a pizzeria, it's not a hot dog cart. This is big business."

Cinquino said she's developing her own logo and new signs will be out soon. She's changing the decor of the restaurant but all of the recipes will remain the same. She might expand the menu but nothing will be removed, she said. She's also keeping all of Pauly's staff and she will get more help from her family.

As for Berardini, he'll see what comes next.

"I made it 15 years as a business owner in Batavia I just decided to try something different," Berardini said. "I mean, I obviously have to work. You know, this isn't a Mark Zuckerberg deal where I'm going to make $50 billion. I still have to work. But, you know, this helps me clear up some debt and move on to another chapter of my life."

November 25, 2019 - 5:14pm
posted by Howard B. Owens in crime, batavia, news, notify.
wolfedanielmugnov2019.jpg
       Daniel Wolfe

Despite holding police officers at bay for 20 hours a week ago, despite a prior felony conviction, despite alleged mental health and substance abuse issues, under the state's new bail reform rules, Daniel Wolfe could have gotten out of jail today at no cost.

Judge Charles Zambito was only able to set bail in the case because Wolfe allegedly violated a stay-away order of protection by twice trying to contact his girlfriend, whom he allegedly abused Nov. 18 before barricading himself in his apartment at 209 Liberty St., Batavia.

Without the allegation of those phone calls, Zambito would have been forced to release Wolfe under terms of the new bail standards.

The new bail reform guidelines -- designed primarily to address pretrial confinement issues in New York City -- don't take effect until Jan. 1. But First Assistant District Attorney Melissa Cianfrini made her request for bail under the new rules because otherwise Wolfe would be entitled to a bail review Jan. 1, when he's still likely to be in pretrial status awaiting further court proceedings in his case.

In setting the amount of bail, Zambito was allowed to consider other factors in the case that indicate Wolfe's potential to flee the court's jurisdiction. These include: the 20-hour standoff; the potential for a harsher sentence because of Wolfe's 2012 felony conviction; his potential for untreated mental health and substance abuse issues; and the fact he has a relative in Alaska, where he lived for a while in 2012.

Zambito also could take into account the fact that Wolfe doesn't have an apparent place to live now that his apartment is destroyed, though he also needed to consider Wolfe's inability to pay cash bail because he isn't employed.

Zambito set bail at $10,000 cash, $25,000 insurance bond, or $50,000 partially secured bond. Cianfrini requested $25,000 cash bail and Public Defender Jerry Ader requested $5,000 bail.

Previously:

November 25, 2019 - 4:52pm
posted by Howard B. Owens in Batavia PD, news, batavia.

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As "Movember" comes to a close, members of the Batavia Police Department presented a donation of $2,215 to Genesee Cancer Assistance.

During November, officers were allowed to grow facial hair so long as they paid "fines" to Genesee Cancer Assistance.

Female members of the department also made donations and the Police Benevolent Association made a sizable donation, too.

November 25, 2019 - 4:27pm
posted by Howard B. Owens in Ellicott Station, business, batavia, Della Penna Building, notify.

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Developer Sam Savarino heads into the holiday season optimistic that once the weather clears in the spring he will finally be able to begin construction on Ellicott Station -- the restaurant/brewery, apartment, and office complex on the former Della Penna and Santy properties on Ellicott Street in the City of Batavia.

Savarino said within days, once the application window is open, Savarino Companies will submit an application for funding assistance to the state's Home and Community Renewal agency and he expects a determination to be reached in January sometime.

It was good news last week, he said, when he learned that the Department of Environmental Conservation had opened public comment period for expedited remediation of environmental contamination at the sites.

Work will begin with cleanup of contamination followed by demolition of a portion of the main Della Penna building (the front part) and the rest of the buildings on the two sites. Then construction of the restaurant and brewery for Resurgence Brewing Company in Buffalo will begin.

If all goes according to schedule, the total project -- including office space and 55 apartments -- will be completed in October 2021.

There's a significant change in the funding plan. Savarino initially intended to finance the $19 million project (now $1.4 million more than the earlier estimates) using a federal program known as the New Market Tax Credit, where investors could get a tax break for backing the project.

Savarino said the timing of the project no longer favors using the New Market Tax Credit program.

He said, "a lot more of my money" is going into the construction of the multi-use complex to ensure the project is fully financed.

November 25, 2019 - 8:21am
posted by Howard B. Owens in gas prices, news.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.59, down 1 cent since last week. One year ago, the price was $2.56. The New York State average is $2.68 – down 1cent from last week. A year ago, the NYS average was $2.83. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.66 (up 1 cent since last week)
  • Buffalo -- $2.63 (up 1 cent since last week)
  • Ithaca -- $2.67 (up 1 cent since last week)
  • Rochester -- $2.67 (up 1 cent since last week)
  • Rome -- $2.62 (down 1 cent since last week)
  • Syracuse -- $2.58 (no change since last week)
  • Watertown -- $2.66 (no change since last week)

The national average price for regular unleaded gasoline is down a penny as we enter the Thanksgiving holiday travel period. The latest data from the Energy Information Administration (EIA) revealed that total domestic gas stocks were up last week, though they are lower than where they were last year at this time.

Growth in stocks and lower gasoline demand have helped to push the national average down by 1 cent. However, demand is likely to increase with holiday travel. This year, AAA expects more than 55 million people to travel for Thanksgiving.

The majority of travelers will travel by car, but air travel is expected to be up almost 5 percent. Gas prices are not expected to deter any travelers from making their holiday trips.

November 25, 2019 - 8:20am
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.

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November 24, 2019 - 1:47pm
Video Sponsor

The Genesee Valley Wind Ensemble performs at 4 p.m. today at Pembroke High School.  Here's one of the numbers ensemble will play, American Overture for Band by Joseph Jenkins conducted by Philip J. Briatico.

November 24, 2019 - 1:30pm
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.

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November 23, 2019 - 7:07pm
posted by Howard B. Owens in Holland Land Office Museum, hlom, batavia, video.
Video Sponsor
November 23, 2019 - 4:32pm
posted by Howard B. Owens in skate park, batavia, video.
Video Sponsor

Richard Umlauf is taking up the cause of getting a new skateboard park built in Batavia.

Until a few years ago, there was one behind Falleti Ice Arena off of Evans, but the location meant it got little use and it became a magnet for low-level drug use, according to police.

Umlauf is aware of those issues so he connected with Tony Hawk Foundation, which provides grants, in conjunction with the Ralph C. Wilson Jr. Foundation, to help build community skate parks.

Last Saturday, Umlauf organized the first meeting for skatepark supporters Trevor Staples, who is with the Tony Hawk Foundation, flew in from Michigan to attend the meeting and explain how the grant program works.

It will be up to a group of committed skateboard park supporters to raise as much as $250,000 for a skate park. The foundations will match up to $250,000, making a $500,000 park possible. 

The organizers will also need to secure the support of the city as well as space for the park from the city, perhaps in an existing city park.

November 23, 2019 - 4:23pm
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.

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downloadbatappandroid.png

November 23, 2019 - 2:24am
posted by Howard B. Owens in genesee valley wind ensemble, music, arts, entertainment, video.
Video Sponsor

Genesee Valley Wind Ensemble will hold its Fall Concert at 4 p.m. on Sunday at the Pembroke High School. It is located at 8750 Alleghany Road, Pembroke.

The purpose of the GVWE is to serve and to provide the Greater Genesee Valley audience with new and familiar live music, to serve its membership with the opportunity to perform challenging wind ensemble literature and to create the opportunity for the conductor and musicians to grow their collective musical talents.

Admission: $10 -- Adults; $8 -- Seniors (55+) & Veterans; $5 -- Students (with ID); Free -- Children 5 years old & under; $25 -- Family Deal for immediate family and children as defined by mother and/or father and up to four children.

Featured Works

  • "Scootin’ on Hardrock" -- David Holsinger
  • Selections from "The Sound of Music" -- Rodgers & Hammerstein
  • Selections from "American Overture" -- Joseph Willcox Jenkins

Conductor(s): Martin Allen -- Guest Conductor -- Grand Island High School; Philip J. Briatico -- conductor & founder of the GVWE.

November 22, 2019 - 5:49pm
posted by Howard B. Owens in Ken's Charcoal Pits, batavia, downtown, business, notify.

kenpitssold2019.jpg

The owner of Bourbon & Burger Co. and The Coffee Press, Derek Geib, has acquired Ken's Charcoal Pits from local businessman Ken Mistler.

"Essentially, Kenny was just at the point where he wanted to sell and I was at the point where it made sense," Geib said.

What attracted Geib to the property was its location and its unique amenities, such as a first-class downstairs banquet facility, a brick pizza oven, an outdoor, all-season patio, and the walk-in food counter at the front of the building.

"Kenny's put a ridiculous amount of money and time into this location," Geib said. "It's got access on Main Street and from the parking lot, beautiful downstairs banquet space, the outdoor patio, which is unlike any other in Batavia. I mean, he's got one-of-kind pizza, the charcoal pit that's in the front. There was just there's so much potential in this space and in Kenny's put it in a position to be very successful."

Mistler purchased the building a few months after the former South Beach Restaurant closed its doors suddenly in 2009. He operated the restaurant as South Beach for a short time and then changed the name to City Slickers. About a year ago, he changed the name to Ken's Charcoal Pits.

Geib isn't ready to announce the new name of the restaurant and said that while the main restaurant menu will change, the pizza and charcoal pits will remain the same.

"We'd like to have this all done early next year, which is very aggressive," Geib said.

Mistler owns several other downtown properties, including the former Genesee Bank building at Jackson and Main and the former Carr's building. We couldn't reach him late this afternoon for comment but Geib said Mistler will still be around. He's offered to continue to help with the business and he enjoys cooking pizza.

Previously:

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November 22, 2019 - 2:42pm
posted by Howard B. Owens in Ellicott Station, batavia, business, notify.

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There's some progress to report on the development of Ellicott Station though the finish line for the project isn't yet clearly in sight.

This week, the Department of Environmental  Conservation opened a public comment period for an expedited cleanup of contamination at the Ellicott Station Site, 40-52 Ellicott St., which is part of the Brownfield Cleanup Program. 

The comment period is open through Dec. 20. 

City Manager Martin Moore explained this afternoon that the fact that the DEC has opened an expedited comment period means that the developer, Savarino Companies, has requested permits for the cleanup work, which the DEC states will take place this winter.  

Still pending for Savarino is the final piece of the puzzle of a complex financing plan that includes support from Homes and Community Renewal, a state agency. 

An application for assistance was turned down last year and the application process this year ends in December. It's unclear how long it will take for Savarino to get a response on the application.

"To his credit," Moore said, "he hired a consultant experienced in working with Homes and Community Renewal."

Sam Savarino did not respond to a text message sent to him earlier today asking for an update on the project.

The vast majority of financing for the $17.6 million project will come from private funds, either Savarino's own money or investment by private institutions individuals through the New Markets Tax Credit Program. To be financially viable on a brownfield site in an economically distressed neighborhood, the project needs state assistance and tax abatements through the Genesee County Economic Development Center.

Once completed, Ellicott Station is expected to add 68 full-time equivalent jobs in the community and will include the construction of 99,000 square feet of brewery, restaurant and beer garden, plus a five-story apartment building with 55 apartments and office space.

For previous coverage, click here. For details on the site cleanup and the public comment period, click here (pdf).

November 22, 2019 - 12:42pm
posted by Howard B. Owens in Ken Barrett Chevrolet Cadillac, batavia, business.

kenbarrett25years.jpg

In 1994, Ken Barrett and partner Virgil Austin purchased a Chevrolet dealership with seven decades of service to the residents of Genesee County and yesterday, Barrett, along with representatives of General Motors, celebrated the 25th anniversary of Ken Barrett Chevrolet Cadillac.

On hand to present Barrett with the dealership's 25-year awards were Natalie Taylor, Chevrolet zone manager, Dan Oldham, district after-sales manager, and Weston Lee, district sales manager.

Today, Ken Barrett's employs 41 people.

The roots of the dealership go back to Mancuso Motors in the 1920s when the Mancuso family operated the dealership where T.F. Brown's and Mancuso Lanes are now. In the 1960s, the dealership was relocated to West Main Street, the current location of Ken Barrett's, and became Batavia Motors.  

Dave Heinrich Sr. purchased the dealership from the Mancuso family in 1990. Four years later he sold it to Barrett and Austin. Austin passed in 2013 at age 93. Barrett said Austin continued to work up until a few months before he died.

In 2003, Barrett's built a new showroom and over the years expanded its collision center from 4,400 square feet to more than 16,500 square feet, with the most recent upgraded completed in 2011.

Ken Barrett said it's great to hit the 25-year milestone.

"You know, don't use a rearview mirror, so everything is looking forward," Barrett said. "I have absolutely no regrets. There's a lot of unanticipated challenges between the regulations and the pace of change, which we all deal with. I've been very fortunate. I should say, we've been very fortunate that we've been able to have an exceptional staff.

"And by and large, they cared deeply for the customers. They worked well together. There's a real sense of teamwork. And if, heaven forbid, a ball gets dropped, usually somebody else is right there to pick it up."

This year is also the 25th anniversary of the Salvation Army/WBTA/Ken Barrett Toy Drive, which is Dec. 13. Barrett said the dealership has contributed more than $500,000 to local organizations and charities over the years.

"We are firm believers in supporting the community that supports us," Barrett said.

November 22, 2019 - 11:30am
posted by Howard B. Owens in sports, soccer, Batavia HS, batavia.

img_4178moorejacksonville.jpg

Katie Moore, a standout with Batavia High School's soccer team, signed a Division I scholarship offer this week with Jacksonville University in Florida.

Photo: Steve Moore, Katie Moore, Melissa Moore, William Buckenmeyer, Roger Hume, and Chris Chilano.

Submitted photo.

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