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Chamber Awards: making a personal connection while growing in the funeral business earns H.E. Turner Business of the Year

By Joanne Beck
h.e. turner, steven johnson, justin smith, joshua smith
Steve Johnson, Justin Calarco-Smith, and Josh Smith at H.E. Turner in Batavia.
Photo by Howard Owens

NOTE: This is the seventh of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. Tickets are still available for the event.

Steve Johnson clearly remembered the time he was working with a family whose loved one had died when his professional role as a funeral director became very personal.

His own father died during that time. He continued to carry out that family’s requests. There were two days of calling hours, and another director walked in carrying a card. Johnson wondered why he didn’t just put it into the box with the others, but instead, the card was handed to Johnson.

“He said, ‘you should read it now.’ It was a sympathy card from the other family,” a teary-eyed Johnson said during an interview at H.E. Turner in Batavia. “Every time I see her, I get a huge hug. We really do start to become friends. It’s kind of nice to have a personal relationship with them. I think fundamentally, losing Dad made me a better funeral director.”

It’s stories like that — likely hundreds of them over the years — stories of how something like a funeral business can forge bonds, deeper understandings, insight, and friendships well past when the casket has closed.

Those relationships and related service are what have earned H.E. Turner, the oldest continuously operator-owned business in Genesee County,  the Chamber of Commerce Business of the Year Award, to be presented Saturday evening at Batavia Downs.

Turner was founded 115 years ago and continues today with owners Johnson, Justin Calarco-Smith and Joshua Smith.

While family clients will always see the directors impeccably dressed and ready to serve the varied requests — which have included wearing a particular jeans-and-shirt outfit and putting certain candy atop the casket —these guys might be hustling around in their socks with no shoes on vacuuming and prepping the West Main Street site for the next set of calling hours.

They don’t want anything to be askew or troubling for the family, even when that might mean nervously waiting for an urn to arrive when it wasn’t delivered as promised or having a company switch the top and bottom of a casket with another on-site so that they match perfectly for the order.

“It has to be perfect, 100% of the time,” Johnson said. “We have high expectations; we cannot overstate our expectations.”

Unlike his two colleagues, Johnson is a first-generation funeral director who has known he wanted to get involved in this industry since he was a teen. He watched how a director handled the death of his grandpa — in a way that was “dignified and healing” — and that clinched the deal.

“I knew this is what I was going to do with my life,” said Johnson, who has been at this for 18 years full-time. “It’s strange to say this career path is rewarding given what we’re doing here, but it is rewarding because our most fundamental job is to facilitate grief. It used to be the reverend or the reverend clergy who facilitated the grief, and now, with the emergence of people falling away from church, we are the keepers of the rituals. So, our most fundamental task when a family comes to us is to facilitate grief.

“The family who, believe it or not, only spent three days with you, maybe they don’t remember any of it,” Johnson said. “But the next time they have a need, they don’t just pick up the phone and call Turner’s; they pick up the phone and call Steve, and that is very rewarding.”

Former owner Jim Smith died in August 2023 and transferred ownership to his two sons, Justin and Josh, along with trusted friend and employee Randy McIntire, who has since transferred his interest to Johnson.

Similar to Johnson’s personal experience with the death of a loved one, Justin said that it altered his perspective of the process.

“I have a better understanding now when they’re sitting over there, across the desk, on the other side of the table, in dealing with other families and going forward,” he said.

When Justin graduated from high school and went to Geneseo State College, he had no intentions to return to the area or get involved in his father’s business. Then, a guy named Bob Bailey asked what his dad did for a living, and he told him.

“He said, ‘Didn't you ever consider doing this?’ I said no. He said, ‘I think you'd be good at it.’ I called my dad from college. I said, ‘I’m thinking about wanting to enter the business. What do you think about that?” he said. “And this was in my spring semester, my freshman year. And so I came home over college break during Christmas, and I worked my first funeral; the rest is kind of history. I worked the winter break of 1991, came home after my freshman year and worked here for him part-time. And then I also worked at Darien Lake that summer. And then, from that point forward, this is the only job I've ever had.”

He didn’t want to get too cliche but he really does feel as though it was a calling — a profession and passion meant for him now for more than 28 years.

“I think this job was chosen for me,” he said. “I generally love what I do. I enjoy getting up and coming to work most mornings … Every day has been unique and different around here. Because the basic principle of what we do is that we help people at their absolute lowest, darkest, worst times and we’re able to kind of allow them to take steps forward in their grief journey.”

Back to the rewards — it’s about allowing families to move through that process and then be able to just breathe and talk after all of those funeral arrangements are done, Josh said. Yes, it’s about forming a connection with a little something extra.

“Whether you see this family member six months or six years after the service, they remember something. They come give you a hug. They come give you a handshake. I like the conversations with families after calling hours or a funeral ends when you can just talk. They talk about the day, they talk about the week,” he said. “You kind of get them away from the business side of it, where we're sitting across making arrangements, and just get to know them, get to know a little bit more about their family. They ask you about yours. It's the relationships that you develop with these people that's very, very rewarding. I keep on saying that it is the handshake or the hugs you get at the end of the day that make it worth it.”

The H.E. Turner story began in January of 1910, when Harry Ernest Turner, a native of Clarendon, and Harry D. Bartlett of Holley bought the Williamson Furniture and Undertaking Store. 

The furniture and funeral combination wasn’t unusual at the time. Historians believe early furniture stores carried coffins and other funeral accessories, which made them a natural link to the funeral business.

Turner, who worked 10 years in a furniture store in Holley before purchasing the Batavia store, published a weekly newspaper, The Holley Standard, as a sideline. Bartlett served as Orleans County Clerk in the early 1900s, and the pair also had a joint interest in stores in Byron and Holley, which they sold a few years after they came to Batavia. 

H.E. Turner & Co. was operated at 111 Main St., the former Newberry Building, until 1921, when it was moved to the Cary Mansion at 211 East Main St. Fourteen years later, the firm moved to the Bean Mansion at 403 East Main St., where it remains today.

In August 2023, Turner’s owners completed a deal with T.J. Woodward to take on Gilmartin Funeral Home & Cremation Company, Inc., leaving Woodward in place as funeral director at Gilmartin and others to retain their roles at Eaton-Watson and Marley funeral homes as part of the deal. Turner also owns Robinson and Hackemer Funeral Home in Warsaw.

Owners of H.E. Turner & Co., Inc. Funeral Home was named as a Selected Independent Funeral Homes member in October 2024, an honor that “lets all prospective customers know who they can trust,” Johnson had said at the time.

It would seem as though the Chamber’s selection committee agrees.

Chamber Awards: Charters' passion to 'give back' earns her Geneseean of the Year

By Joanne Beck
mickey chambers
Mickey Charters.
Photo by Howard Owens

NOTE: This is the fifth of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. Tickets are still available for the event.

When Mickey Charters was pursuing her bachelor’s at Brockport State College, a professor said something she never forgot: you give back to the community.

“That always stuck with me. As a child or in high school I never volunteered, but in college, yes. Once you give back, it’s so easy, it’s a flow you just go along with it,” she said during an interview with The Batavian. “It started out with that, working with people with dementia.”

Charters, who lived in Brockport before moving to Bergen 24 years ago, has certainly latched onto that ideology. Describing herself as a “late bloomer,” she earned her degree in therapeutic recreation one class at a time after her children were in high school and took her first job in a nursing home working with people with dementia.

She has since devoted her skills of calm restraint — required to do this type of compassionate endeavor — whether it was helping to take care of her uncle, working or volunteering in the field, including at Office for the Aging, Alzheimer’s Association, Crossroads House and a grassroots respite program based at Batavia First Presbyterian Church.

It is that dedicated background and ongoing community service that has earned Charters the county’s Chamber of Commerce Geneseean of the Year Award. While she feels a bit shy and humbled by the attention, Charters is finding that “it actually feels good.”

“You know, all my friends are just really, really happy, and I'm happy to see them happy,” she said. “And I know I do a lot of work for my respite program, but I don't call that work. I just call it the love for people. That's how I enjoy that.”

It may not be a surprise that Charters is an animal lover, citing the beloved creatures — especially dogs and cats — for keeping her grounded. “I love taking care of them,” she said, as one answer to what she likes to do for fun. Dog-sitting happened to include the white Pyrenees in her charge this particular day. Add to that going for drives and weekend jaunts with husband Jamie, who is the other half of what she feels is still a “newlywed” couple.

They met at Crossroads House, where Jamie had been volunteering. Charters was volunteering for Visiting Nurses Association and followed a woman who went to Crossroads as the next chapter of her journey. The nonprofit’s founder, Kathy Panepento, asked Charters if she’d like to be a regular at the house, and she accepted. 

To this day, she and Jamie have a “date night,” volunteering there on Saturdays, visiting with residents, reading to them, combing their hair, polishing their nails, and chatting with family members.

“I would probably say, make them feel special. They're getting ready for their next journey,” she said. “We want them to look nice. We want them to smell nice. We want them to feel comfortable.”

They’ve been having that traditional date for at least 13 years and were married nine years ago.

What keeps you going when encountering people going through challenging times as dementia, Alzheimer’s and facing that next chapter?
“Most definitely my faith. I think you have to have some type of faith, whether it’s God or out in the woods. You have to have something,” she said. “You can’t just go from one person passing away to another person passing away. You have to clear your mind. I think you have to do that. But you can clear it any way that makes you comfortable. Some people like to just walk out in the woods. I like to do that in the spring and summer. I don’t like to do it during the winter … I just, I’ll sit and not really meditate, but I can just think, as in meditation, to clear my mind.”

As for the respite program, the one she operates is one of four in Genesee County, with others at St. James Episcopal Church in Batavia and at sites in Corfu and Le Roy. The program offers caregivers an opportunity to take a break while their loved ones are cared for by trained volunteers from 10:30 a.m. to 2:30 p.m. once a month.

The routine includes social time with coffee, tea, juice and cookies; a craft; a hot meal for lunch; an exercise session; a game of Bingo; and a music sing-a-long. Charters aims to keep it routine so as not to disrupt the pattern for guest attendees. They need to be mobile and able to use a restroom, and volunteers do not administer medications, she said.

Yes, even while talking about this award, Charters wanted to promote this program. She and others hope to spread the word and help more caregivers to get a break in their own routines to go shopping, run errands, make doctor appointments and take care of things they may not be able to otherwise.

Aside from that positive aspect, Charters is also happy to share that this program “costs nothing” to participants. And she has a whopping 16 volunteers ready and able to be there when needed.

Why has this population drawn you in?
“They are people too, and a lot of people didn’t know how to communicate with them,” she said. “And you just had to have patience and perseverance with them and shoe that you are the kind person and help them. Sometimes it works, sometimes it didn’t, but it was easy to change their thought process because it goes so fast, and they know that you’re a kind person, inside their heart, they know.”

So does Genesee County.

For more information about the respite program, call 585-343-0505.

Chamber Awards: leading with values of being fair and equitable put Marone on the Humphrey block

By Joanne Beck
Peggy Marone -chamber-award
Peggy Marone
Photo by Howard Owens

NOTE: This is the fourth of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. Tickets are still available for the event.

A talk with Peggy Marone, longtime director of Leadership Genesee, first meant a history lesson of her parents’ impressive local civic and professional lives: dad was chief pharmacist, the only one, at the former Genesee Memorial Hospital, and mom was a teacher of grades four and six at St. Anthony’s and became the hospital’s medical librarian.

Her mom, the late Esther Marone, was instrumental in the founding of Literacy Volunteers in Genesee County — by now, one may wonder what any of that has to do with Peggy’s recent accolade from the county’s Chamber of Commerce. While these people certainly served as role models and inspiration for her, they also delayed the inevitable for the modest leader, preferring to give credit to others than to herself.

"I knew that a very important value for me was fair and equitable. I put those two words together because it's really something that, it's been a touchstone of mine for a long, long time,” she said during an interview with The Batavian, sharing that’s in part how her folks influenced her. “When people aren't treated fairly or equitably, it really rubs me wrong. So I knew I wanted to do something along those lines.”

There will be no evading the limelight during the Wolcott “Jay” Humphrey III Excellence in Community Leadership Award presentation on Saturday during this year’s 53rd annual Chamber Awards Ceremony at Batavia Downs.

Named after Humphrey, who was president of the former Wyoming County Bank, this award exemplifies how he was extremely involved in the community as a volunteer who encouraged his employees to develop a commitment to volunteerism and community. He was a visionary who could see the big picture and made real improvements to his passionate beliefs, chamber staff said.

Marone remembers when she met him, albeit for how briefly they knew each other.

“He was pretty instrumental in getting Leadership Genesee going,” she said. “The next day, he died. I served on the Humphrey Symposium Committee for one or two years.”

After high school, Marone went on to St. Bonaventure for psychology (if for no better reason than because a guy she was dating was a psych major, she said), and it would seem as though all of those courses paid off in how she relates to people. 

She got into Human Resources “by accident” and discovered how, in lieu of being the big boss talking to a group from the front of the room, she wanted to “draw out of people” their personalities, thoughts, and gifts.

“I learned how to get the best out of people,” she said.

Marone had a string of jobs, opening up hotels, finessing her organization skills, working in Human Resources for Chapin and at Marriott in Amherst.

“Whatever I was doing, I was learning. It was as if the stars aligned,” she said of the offer to take on Leadership Genesee. “I tell people all the time I've looked at everything I've done, I may not have gone after a job specifically because I thought, Oh, that's it. That's the one I want. Except this one. This was the one that I knew was what my life had been preparing me for.”

Was there a learning curve, or did you take the ball and run with it?
“That's a good question because when I started, my marching orders were to run it like my own business. There was really no template. What I started off doing was spending time with the other leadership programs, leadership Buffalo, Rochester, Niagara, and I would go and spend a day with them on their day session and watch what they did. What did their agenda look like, how did they interface with their participants? How do you keep your alumni involved? I just went and asked tons of questions of everybody,” she said. “And then when the first class graduated, I interviewed every single one of them, and I asked them how the year went for them. What were the hits, what were the misses? How did it affect you personally, and where do you think we should go with this? 

"So I knew I had to develop an organization. So I had committees from the first class and design teams, and we would write learning outcomes and goals and action plans," she said. "And so we kept ourselves really on track to create things for the next year. So we recruited a class. You know, we just did one thing after another, left, right, left, right is what we did.”

She tried to glean the best advice from leadership directors in those neighboring counties, while staying true to what Genesee County needed. Those groups had memberships of up to 90, which Marone deemed too large to be valuable for each participant, so class size was kept to 30.

As she likes to say: “left, right, left, right.” Just put one foot in front of the other and keep going.

Talk about trial by fire — Marone began the day before 9/11. Not only was that a frightening and confusing time for folks, but also a difficult period to begin a fundraising program and rally people’s motivation.

“I had to double my efforts and ask people not to give up on us,” she said at her second-floor office. “I was always recruiting. I've recruited out this window, because we had some guys working out here. One of them had been an alum. His brother was out here with him. I opened the window. I said, 'Who is this?' That's my brother Pork. Pork, when are you gonna do Leadership Genesee, your brother went through Leadership Genesee, when are you? And he did.”

Those dreadful Covid days were the most rough and tumble of them all, she said, but they continued on — left, right, left, right — having Zoom sessions with “wear a funny hat” day and other silly things to keep morale up and for a laugh, she said.

Primary goals are to encourage their leader within and recognize their own value system, she said. Attendance dipped during the pandemic, and it’s already back up to steady numbers of 25 to 30 per class.  

What has been key to the success of the program?
“All the alumni,” she said. “So we pretty much get new alumni that join committees or stay on or participate. It’s a core group that enjoys what they’re doing.”

As for her values, those terms “fair and equitable” have been a touchstone to guide her path. That’s what instantly drew her to become a “Star Trek” fan in college, watching episodes in the skeller with a beer after dinner.

“Because of the diversity and inclusiveness,” she said, her back to her computer’s Trekkie screen saver. “They were so brave to do that in (the 1970s). It was awesome. I really like people. I really do, and I care very much about them. I care very much about, you know, how people view themselves. I always want them to feel good about themselves.”

Leadership is a year-long class that provides people with opportunities to network, volunteer, and learn about the county and its offerings while encouraging each individual’s leader within.

“And the biggest thing is … what is your value system and how do you live the values that you have?” she said. “I don't think people think about their value system either, but that's my organizational development kind of mind and HR mind that I encourage people to do that.”

There are 627 graduates so far, and each class is framed and hung on Marone’s office wall, and hand-decorated beads, strung together and sitting in a bowl on her desk, represent each of those class members that represent a success story.

What do you get out of this?
“Oh my gosh. A real sense of accomplishment. I mean, if I can affect one person's outlook on themselves to be more positive, to help them, you know, help connect dots for them, I mean, that's awesome. It’s really about them,” she said. “And for the community, I want to see Genesee County be in a better place as much as possible, so it keeps going for the generations to come.”

She lives with her daughter Nikole Marone in Batavia and also works part-time as a business manager at St. Joseph’s Regional School.

Chamber Awards: Willson's motto to 'follow your heart' with Meraki makes her a stand-out entrepreneur

By Joanne Beck
kate willson
Kate Willson
Photo by Howard Owens

NOTE: This is the first of seven stories The Batavian will publish today and tomorrow (Friday and Saturday) about this year's Chamber of Commerce award winners. The awards will be presented on Saturday evening at Batavia Downs. There are tickets still available to the event.

In just a handful of years, Kate Willson has established herself as a beauty entrepreneur to be reckoned with.

She has taken one business and added another a half mile down Main Street, creating hair, spa, and shopping experiences for her customers and employment for a dozen talented people in downtown Batavia.

Then again, Willson has been no stranger to the concept of putting in the effort for the rewards.

“Growing up in a blue-collar family, hard work was always modeled to me. From the moment I got my working papers, I was on a mission to work hard and earn my own money. I was always the friend that missed events or arrived late because I valued work,” she said.  “To this day, I'm grateful that I was shown what it was like to work hard. From my mom to past employers, I saw women creating income and having fun doing it. I'm grateful to say my entrepreneurial spirit has always been second nature, and my businesses are a labor of love. I love getting to serve this community with amazing beauty services.”

And serve she has, with Meraki Beauty, and her more recent venture that opened in July 2024, The Beauty Lounge by Meraki. Both endeavors have earned her an impressive nod with the Chamber of Commerce’s Entrepreneurial Business of the Year Award. The chamber awards dinner is on Saturday at Batavia Downs.

According to her website, "Meraki" means “to put love, creativity and soul into everything you do.” That has been Willson’s objective with her hair salon and then the spa and boutique, which she wanted to complement the next-door neighbor of Charles Men’s Shop.

In addition to offering luxury spa services, the space has been opened up in front for a reception area and half of it is a boutique for clothing, with another portion dedicated to an assortment of pampering products such as candles, body whips and butters, delicate chains with charms and jewelry with essential oil sprays from local vendors, plus a jewelry station.

Her current philosophy is to “follow your heart and do what feels right,” she said.

“I follow that in life and in business; I believe we are all different, and we have to pivot when we feel called,” she said. “That is how all my businesses and my life have been created —  following the little ideas and keeping my mind open.”

She had an open mind when first opening The Beauty Lounge, as she opted to accommodate many disgruntled customers left holding gift cards purchased from the former business that abruptly closed after the holidays. She offered a 50% value for the gift cards that were not purchased from her business. As one nomination form stated, “She is open, honest, she is loyal to her customers and will go out of her way to make you feel special and she has taught the other employees at her salon to be the same way.”

She chose the beauty industry because of her love for “building up other women.”

“Whether that’s my team or those that come to experience Meraki Beauty and The Beauty Lounge. Through my businesses in the beauty industry, I’m able to bring the community a place where women can go to feel welcome and leave feeling fully recharged and beautiful from the inside out,” she said. “That’s my favorite part of it; the amazing relationships that I have with my team and with our clients.”

Not that running your own business doesn’t have its challenges, she said. That have been many when it came to growing the first and second versions of Meraki. Launching the spa and boutique proved to be very demanding of her time, and Willson has been learning “the art of delegation” more each day, she said.

“It can be hard at first, and there have been so many skills I’ve had to learn that don’t come naturally to me. However, once you take the time as a leader to learn that each person on your team has unique strengths, knowing which tasks to pass on to others eventually becomes second nature,” she said. “Asking for help from people wiser than myself has been incredibly helpful in growing the businesses. My mom and many of my past employers have shaped me into who I am today. I am also incredibly blessed to have amazing women who sit in my chair each day, and I’m honored to draw so much wisdom from them. 

“As a leader, my hope is that I'm able to help all of my employees create beautiful lives, a great work-life balance, and build a solid group of women who support each other,” she said.  “Very recently, my family had a traumatic loss of a loved one, and it's never been more apparent to me how solid my team is, how much they care for each other and for me so well.  This award was truly earned by every team member within our walls. They inspire me each day to keep putting in the work.”

Because it does take that hard work and doesn’t just happen by accident, she said, her advice to aspiring entrepreneurs is to “know what you’re getting into before you jump in.” Do the research, talk to others who achieved the goals you’re after, start small, grow your confidence and skills and pivot as opportunities present themselves.

From the way she talks about her staff and husband, Willson also seems to have a strong support system, and she credits them all for part of her success. As she has been embraced as a positive role model for young women in her salon and for being an astute businesswoman, Willson recognizes the strength of her “amazing” workmates and life partner — her husband, who is “always down for my next idea.”

“My husband and I love bringing these elevated experiences to our local area, so I definitely could see more in time, but right now, my joke to him is that the next business is his idea and his baby because this girl is busy,” she said. 

kate willson
Photo by Howard Owens
kate willson
Photo by Howard Owens
kate willson
Photo by Howard Owens
kate willson
Photo by Howard Owens
kate willson
Submitted photo

 

Fishing, boardwalk, gazebo all likely for proposed hero-themed Batavia park, with funding needed

By Joanne Beck
Molly Vendura, Charlotte Brett
Molly Vendura, left, and Charlotte Brett give a presentation of a proposed town park in Batavia Wednesday evening at Batavia Town Hall.
Photo by Joanne Beck

A hero-themed park as an ode to first responders, with each a veterans and first responders memorial, boardwalk, lookout point, picnic shelter, gazebo, interpretive art panels, asphalt parking lot, and much more is on the books for construction within the next year or two as officials seek funding, says Molly Vendura of Landscape Architecture and Charlotte Brett of New York Green.

The women presented the plan as representatives of a multi-agency committee consisting of the town and city of Batavia, Genesee County Chamber of Commerce, Planning and Parks departments, Sheriff’s Office, Homeland Security, Veteran’s Affairs, and U.S. Department of Immigration.

“So the construction plan will be ready by the end of May, and then we really just need to, we'll have cost estimates at that point. We'll be applying for grants. And it would be great if we could get a grant in the next year and then construct it in the next year,” Brett said during an information meeting Wednesday at Batavia Town Hall. “But it really depends on how quickly the town can secure funding. It’s likely to be a year or two.”

New York Green received funding from the Ralph C. Wilson Jr. Legacy Funds administered by the Community Foundation for Greater Buffalo for the design of a proposed new public park on a property owned by the town of Batavia and located on Park Road in the city of Batavia. 

The initial phases have taken place since last summer, from a geographic survey and preliminary concepts, comments from town officials for revisions, and finally, a “buffet” of various options for the Army Corps of Engineers to work with for a final plan, Vendura said.

The park would be in a large area encompassing a pond and wetlands in the northwest corner of the property along Park Road and Veterans Memorial Drive, backing up to the VA. 

There would also be two EV charging stations for vehicles, and chargers for electric bikes and scooters, a landscape plant bed to shield visitors from the farthest northwest corner traffic and wind, a monument sign, gated access at the adjacent VA Hospital and Monsignor Apartments, a kayak launch, benches and vegetation to serve as a buffer for the flocks of geese that are regular visitors to the area.

The Batavian asked Vendura how the construction and creation of this park might disrupt those geese and other wildlife, such as rabbits and deer, in the area. The establishment of wetlands serves as some protection, she said.

“Because we are in a wetland area, we have to be very careful to minimize disturbance to the existing vegetation and soils,” she said. “So just by nature of that, the disruption from the construction of this park will be as minimal as possible because we're required to by the DEC when we do work in a wetland."

So, even laying down a 19-spot asphalt parking lot won’t disturb nature?

“Regarding that parking lot area, that actually used to be where the road cut through the property, so the town took out the road and just put some soil and grass seed on top of it right now, but under that is already existing sub base from the old road, so we're not actually disturbing pristine ground to put in the parking lot,” she said, answering if any trees would be removed with the underbrush. “It’ll be if there’s dead trees, not living trees, it might be more of like shrubby material, and typically it’s invasive shrubs like buckthorn and honeysuckle. So we would be actually improving the environment for native pollinators and birds by removing the invasive species, the shrubs, but also be opening the view for security reasons and safety.”

Rick Iannello, one of the half-dozen residents who attended the meeting, was interested in fishing. He has seen programs offered to kids in other areas and has enjoyed watching the youth here get a chance to throw a line in when possible.

“One of the things I think is really heartening is when you go over to DeWitt Park, you see a lot of young kids fishing. I think it's terrific, you see these kids are out there casting a line or doing whatever. But it's awful nice to see that,” he said. “And along with that would be the thought that if you perhaps had an area that was set aside for kids to fish and to learn how to fish. You could go back to the Ralph C. Wilson Foundation on their youth initiative and see if there would be the ability of them to kick in some additional funds for something like that."

Wilson Legacy Funds were established to provide support to four areas that were important to Mr. Wilson: caregivers, community assets, design and access, and youth sports. Vendura and Brett were take notes about the fishing idea.

Barbie Starowitz of Elba wanted to know why a dog park couldn’t be part of the plan, especially given that the VA has therapy dogs, she said. While the wetlands protect nature in some ways, they fall under state and federal regulation and would not be suitable for a dog park, Vendura said. And that section of the town space would have to be fenced off, which is not part of the overall project, she said.

Batavia Town Supervisor Greg Post said that the town owns property that is “developable and is willing to work with whatever collaborative agencies want to assist us in supporting that.”

“What we're looking for is a viable partner to assist with the collaboration for the funding of the initial design and the cost of maintenance for that specific sector, that community that would be benefited by that,” he said. “My board members can confirm that we've had a number of discussions and have the means to assist any agency that wants to come in, or an organization or club that wants to start that.”

As for the town park that is on the table, organizers are inviting people to submit a name for it and will be seeking funding sources before it can begin. Post is not concerned about raising the $2 million to $3.5 million he estimated it would take, he said.

“We're very persistent, and we're looking for enough partnership that I do not think that this will be an issue,” he said. “I think any recreational opportunity that services our veterans and all of those community visitors, as well as our children and grandchildren, is a good thing. We're very pleased that we've had the support of all of our regional partners, and we're very grateful for the Wilson Foundation for supporting our design. And much appreciate all the Partnership for it, and we're committed to seeing this thing done sooner than later.”

Any questions or name suggestions may be emailed to supervisor@townofbatavia.com. Post  advises to send them “sooner than later.”

Barbie Starowitz, Rick Iannello
Barbie Starowitz and Rick Iannello
Photo by Joanne Beck
Dave Hawes,, Greg post far right
Dave Hawes, front center, said he liked the idea of a proposed town park during Wednesday's presentation at Batavia Town Hall. Town Supervisor Greg Post contributed from the far right seat.
Photo by Joanne Beck

Relevance of 'Newsies' comes alive in BHS musical Friday to Sunday

By Joanne Beck
BHS Production Club presents Newsies this weekend.  Photo by Steve Ognibene
BHS Production Club members prepare for a three-day debut of "Newsies" at the high school.
Photo by Steve Ognibene

Batavia High School Production Club’s musical, set to debut for three days this weekend, is quite relevant to current events, Director Caryn Wood says, but she and her cast didn’t really intend it to be.

It just so happens that they all love “Newsies,” and Wood grew up a massive fan of the original movie in 1992.

Based on the real-life Newsboy Strike of 1899, this Disney musical tells the story of Jack Kelly, a rebellious newsboy who dreams of a life as an artist away from the big city. After publishing giant Joseph Pulitzer raises newspaper prices at the newsboys’ expense, Kelly and his fellow newsies take action. With help from the beautiful female reporter Katherine Plumber, all of New York City soon recognizes the power of “the little man.”

“I knew every word of every song as a kid. The Broadway musical keeps all the original music and adds even more,” she said to The Batavian. “It’s a show that I have wanted to do for a long time and hadn’t felt the time was right yet. This show was selected after the students themselves really campaigned for it.”

Campaigned, you ask? Her students would stand outside Wood’s office door singing the show’s songs, and make tiny replica newspapers and slide them underneath her door. They would stick post-it notes on her door and deliver fortune cookie messages, only about “Newsies” instead of love or fortune.

“Gentle nudges, we will say. I had narrowed a list down of my top three show choices and polled the students. ‘Newsies’ was most everyone’s first or second choice,” she said. “Timing is everything. I was already interested in doing it and the kids were overwhelmingly in favor of it. And so here we are.”

The show is set for 7 p.m. Friday and Saturday and 2 p.m. Sunday at BHS, 260 State St., Batavia.

How can it not be relevant, though, she asked, with songs and lyrics like:

  • "Now is the time to seize the day"
  • "Give life's little guys some ink and when it dries, just watch what happens"
  • "One for all and all for one"
  • "Courage can not erase our fears, courage is when we face our fears"

“We're watching a group of young people actively organize a strike on stage, and having said that, though, there's plenty of fun and comedy too. This production is powerful, moving, funny, and extremely engaging,” she said. “I think, though, that maybe themes in this show reflect a recurring theme throughout history, highlighting the need to rise up against corruption and oppression and that coming together in support of a just cause can affect positive change. Honestly, when isn't that relevant?”

Spectators have described rehearsals as dynamic and passionate, high-spirited and heartwarming. Wood said that people can look out for high energy dance numbers, “beautiful and powerful” vocals, and exceptional acting.

“And more than anything, a group of high school performers (cast, crew, and musicians) who are giving their all, and who believe in what they can achieve together,” she said. “Every person will find something to like about this show; it's truly wonderful.” 

Tickets can be purchased online for $10.50 here or at the door $10/$12.

To view or purchase photos, click here.

 Photo by Steve Ognibene
 Photo by Steve Ognibene
 Photo by Steve Ognibene
 Photo by Steve Ognibene
 Photo by Steve Ognibene
Photo by Steve Ognibene
 Photo by Steve Ognibene
Photo by Steve Ognibene
 Photo by Steve Ognibene
Photo by Steve Ognibene

Brisbane Mansion goes out for RFP: city officials would like market rate apartments or a boutique hotel

By Joanne Beck
Brisbane Mansion
Brisbane Mansion, which serves as the city police station in Batavia currently, is being put out to developers for request for proposals in preparation for when the police department vacates to move into its new headquarters at Alva Place and Bank Street.
Photo by Howard Owens

If you’ve had visions of taking over the city police station -- more formally known as Brisbane Mansion — and carving it up into city-suggested market-rate apartments or boutique hotel rooms situated on a route with one of the highest traffic counts in Western New York, then city officials are ready to see if you’re serious.

Because they are. 

Both city management and Batavia Development Corporation staff are looking for redevelopment proposals for the much-discussed and debated mansion now serving as police headquarters until the department vacates later this year. 

There have been studies and committee discussions, architectural assessments, tours, and final analyses in recent years that city police belonged elsewhere instead of trying to rehab the site to fit departmental needs.

What those studies also showed, apparently, is that the site at 10 W. Main St., in downtown Batavia, would be best suited for 11 market rate apartments or 16 boutique hotel rooms. They would be ideal for the more than 30,000 vehicles that pass by daily as they converge onto either routes 5 or 63 to potentially stop in for a night’s stay or opt to nestle into a rental.

“At the end of 2025, the former City Hall and Police Station will be vacant, which will offer an incredible opportunity to redevelop a very visible landmark adjacent to the City’s emerging and vibrant downtown district,” city officials said in a press release. “A recent building reuse analysis suggested that the two-story building with more than 11,000 square feet of space could accommodate 11 market-rate apartments or 16 boutique hotel rooms.”

“The City and BDC desire to work with a qualified development team that has experience redeveloping historic sites,” the release stated.

That was one of the goals mentioned during a presentation to City Council by Ed Flynn of LaBella Associates and BDC Executive Director Tammy Hathaway in December.

They recommended putting the site up for an RFP to determine developer or investor interest in redeveloping the property and provide information about the existing conditions, characteristics and feasibility study options by an Insight Architecture report for use as apartments or a boutique hotel. 

“This can provide a lot of information for the developers that they'll be looking for in terms of the existing condition of building the site, as well as what are some opportunities for redevelopment,” Flynn said. “We also want to make sure we establish some community goals for the project before it goes out so the developer knows what the community goals are for the project. And the ones we kind of have listed here are, preservation of the building and site.

"It's an important historic property in the city of Batavia; it’s very visible. A lot of heritage and history to the building," he said. "And so that's kind of a key goal that we want to maintain compatibility with downtown.”

Another goal is to put it back on the tax roll, he said, for the first time since 1917 when it was established for city government, non-taxable use. 

“So, obviously, you don’t want a nonprofit to go in there, and then we want to make sure we get an experienced developer with financial resources,” he said. “So that would be part of the RFP, part of the process of reviewing the proposals when they come in, and talking to the banks and whoever they’re using for their financial back.”

What they don’t want is for someone to buy it and hold it for five years, with nothing happening to the property during that time, he said. The right developer will have the financial means and capacity to complete the renovations and be experienced in having completed other similar projects.

Demand for residential units is “incredibly high,” according to the latest county Housing Needs and Market Analysis, the RFP states. Given the shortage within the region for available, attractive, market-rate apartments and the central location of the building, adding apartments “can contribute to the resilient, walkable downtown setting which Batavia has prioritized,” it states.

An approximate annual income from these rentals with 100% expected occupancy could be $164,000, and based on a more conservative estimate of 60% occupancy for the 16 hotel rooms, which would be 10 occupied rooms, the hotel could generate about $350,000 of revenue annually, according to the RFP.

The proposal outlines location characteristics, maps, flood hazard information, and property assessment — the conditioned market value of the site was $740,000 based on an appraiser’s site visit, and the current tax assessment is $820,000 — community goals for the project, selection criteria and process, demographic details, and potential grants and financing.

There are 10 options for financing listed, including:

1. NY Main Street Program – provides up to $500,000 in grant funds for anchor building projects.

2. Restore NY Communities – grants of up to $2 million for rehabilitation, construction, demolition, and environmental remediation.

3. City Revolving Loan Fund – provide funds for building improvements that have a visual impact and facade work for rehabilitation or new build (a grant of 40% of the total project cost will be considered with a cap at $20,000 per project). Additional funding is available for strategic priority projects in the City that are making significant capital investments.

4. Genesee County Economic Development Center - loan fund and other IDA incentives available, including the Pathways to Prosperity fund for the City of Batavia.

5. NYS CDBG Economic Development Program – potentially up to $750,000 in grant funds; funds up to 40% of project costs; job requirements; competitive application.

6. NYSERDA – state matching grants for investment in energy-efficient building systems.

7. New York State and Federal Historic Preservation Tax Credits - tax credits available up to 40% of project costs (20% state; 20% federal).

8. Empire State Development Corporation – provides up to 20% of total project costs for building acquisition, rehabilitation, equipment and site development for commercial or mixed-use projects.

9. Real Property Tax exemption 485b – the City participates in the 485b exemption program, which provides a 10-year exemption for increases in taxable value starting at 50% and decreasing to 5% in the 10th year.

10. Real Property Tax exemption 485a – the City also participates in the 485a exemption program, which provides a 12-year exemption for mixed-use properties, including a 100% exemption for years 1-8, followed by additional 20% reductions until year 12. At least 40% of the sq. ft. of the building must be used for residential purposes, and a minimum of 15% of the sq. ft. must be used for commercial purposes.

The RFP is posted on the City of Batavia’s website at www.batavianewyork.com. It can also be found on the City Plans page of the BDC’s website at www.bataviadevelopmentcorp.org or by contacting Tammy Hathaway at the Batavia Development Corporation at 585-813-8054 or director@bataviadevelopmentcorp.org.

Proposals are due on Friday, May 30, 2025, and a pre-proposal meeting is scheduled for March 20, 2025, at 1 p.m. at the site.

Batavia teacher's aide fundraiser connects to Josh Allen with limited 26 Shirts design

By Joanne Beck
Wroten 26 Shirts design
The limited edition design by 26 Shirts for Leah Wroten's fundraiser. Online pre-sale will be available for purchase for less than 12 more days. (An online clock is counting down the days, hours and minutes.)
Photo from 26 Shirts website

Leah Wroten, a 2020 Batavia High School grad and special education teacher’s aide, has done battle with cancer through life-changing surgery, chemotherapy and related treatments since her diagnosis just a year ago.

She has gotten the good news of being in remission, however, having to take six months off and still more days for scans and check-ups has meant a hefty medical bill for the 21-year-old. 

Thankfully, she has an army of colleagues raising money through various efforts, including a 26 Shirts initiative, which just dropped its exclusive, limited edition design for Wroten on Monday.

There will now be less than 12 days to snatch up an original design that reads: "Introverted but willing to defend Josh Allen" on a number of clothing items, including T-shirts, sweatshirts, long-sleeved shirts, hoodies, zipped hoodies and tank tops.

Every purchase means $8 to Wroten’s cause, and  — in keeping with the company’s focus on sports-themed apparel — her fellow Batavia City School staff, students, friends and family are rooting for a touchdown to get her financially “back on her feet.”

For more information or to support the cause, go to 26 Shirts.

SmartDesign owner passes another hurdle on way to city renovation

By Joanne Beck
4 Mix place, Batavia
File Photo of 4 Mix Place, Batavia.
Photo by Howard Owens

Ed Smart has been on a long haul to renovate his property at 4 Mix Place into a combination living and work space for himself and smartDesign in Batavia.

A series of code variances for his rezoning request, landscaping issues and neighbor concerns have turned his journey into a string of meetings with the city’s Planning & Development Committee, City Council Zoning Board of Appeals and soon the Historic Preservation Commission.

He said in June 2023 that his goal was to “see this thing restored to its glory and then some.”

“It’s just a beautiful piece of property,” he had said of his rambling site at 4 Mix Place. “I’ve invested in it even without being able to use it until I know I can use it for the use I want.”

And what he wants is to convert it into a combination residence, a small apartment and his smartDESIGN Architecture firm, requiring it to be zoned residential 3 to allow for professional offices in that section of the city between Ellicott Avenue and Oak Street.

Smart has worked to repair significant damage from prior theft and water leakage, made it past City Council for rezoning and a few trips to the city’s Planning Committee, and returned again this week to address landscaping, parking and a neighbor’s concerns. 

His plans had included 12 parking spots; however, neighbor Jessica Lankford had sent a letter of “serious concerns” about parking along their shared fence — the potential for less privacy of her backyard pool — which prompted discussion about alternatives. 

“I could probably supply 10 spaces and not provide the other two. I'm just trying to plan to accommodate people when I have a full house, which, again, doesn't happen that often,” Smart said. “I’ve had a very cooperative relationship with the Lankfords. We collaborated on the vinyl fence that was installed there. So again, there's been a good communication, good cooperation. I was not aware that she had sent this letter, happy to talk to her about it. Usually, the fears from neighbors when you're talking about automobile traffic in a parking area like this has to come with light shining into their yard. Again, that vinyl fence is six feet high, and it's solid. There's no spaces in between it.”

Code Enforcement Officer Doug Randall reminded him of the requirement for parking areas within 20 feet of neighbors: there needs to be solid screen fencing or plantings that obstruct the view. Smart said there is to be a wood stockade fence along the upper east side, placed on his property, “or we would cooperate with them.” 

Randall wanted to confirm that Smart has coordinated the plan with his neighbors. “If you’re going to put a fence on their property for maintenance,” Randall said.

Other considerations are the height of the fence — no more than 6 feet tall, and solid enough to shield nearby homes from headlight spray — and parking parallel versus perpendicular to the road, or using a row of bushes as space for parking, neither of those last two options which would work, Smart said. 

“That would be a substantial change to the landscape of the yard of this historic residence. One of the special features of this is that it's an extremely large lot in the middle of the city and highly landscaped. There's sandstone pavers that come along the back,” he said. “And also, that would impact the way you would approach the parking so, so they actually come across the entire back of the house. To have parking on the west side, in my opinion, would be a real detriment to the to the presidential character of that piece of property.”

While seemingly monotonous and detailed, these are the crux of site plans, especially in the city when accommodating neighbors’ requests and concerns. The shared fence is about 24 feet from the edge of the parking space, which seems to fit what’s required in the special use permit, committee members agreed.

The committee approved a motion for the plan, minus two parking spots for a total of 10, with the agreement that Smart has to go to the Historic Preservation Commission for approval of all exterior changes.

That was another positive step forward. Smart said he wouldn’t be able to do any construction until the approval process is complete. 

“I really want to be in it by the end of the year and make that work,” he said.

Public hearings offer opportunities to learn, speak up about proposed budget, tax cap, water and sewer rate

By Joanne Beck

City residents that own property and pay utility costs have an opportunity to learn more and speak up about the proposed 2025-26 budget, which includes 3.5% raises for non-union, management and City Council members; a $50 increase toward city employees’ gym memberships; and 6- and 9-cent increases for water and sewer rates, respectively.

A City Council conference session set for 7 p.m. Monday includes public hearings about the proposed budget, a related tax cap override, and increases that push the water rate to $6.52 per 1,000 gallons and sewer rate to $3.23 per 1,000 gallons. The session will be on the second floor of City Hall.

During a recent council meeting, City Councilman Bob Bialkowski reminded citizens that “this is a good time” for the public to attend and speak up about the budget and related items before council members take a final vote to adopt the $38.8 million plan.

The projected tax rate is $8.46 per $1,000 assessed property value, for a 50-cent decrease from the current rate of $8.96, or a total decrease of $50 per year for a home assessed at $100,000 — if property assessments remain the same. 

The entire amount necessary, property and legal be raised by tax to defray the expenditures of the city of Batavia for fiscal year 2025-26 is $7.2 million

Total of all funds is $38,847,699, including City Centre and health insurance costs of $4,405,781, total water, wastewater and workers’ comp of $12,062,421, $511,177 for street maintenance, $486,042 for snow removal, $113,039 for street lights and traffic signals, $300,000 going into sidewalks, $130,000 for parking lots, $617,255 for parks, and $437,423 for inspection.

Other costs include:

  • $43,391 for Dwyer Stadium and $18,007 for David McCarthy ice rink
  • $87,847 for summer recreation programs, per a contract with the YMCA
  • $5,000 for Genesee Orleans Council on the Arts and $14,585 for community celebrations
  • $256,519 for administrative services, $116,699 for economic development
  • $269,235 for legal services, $900,000 for general fund reserves
  • $49,857 for City Council expenses, $160,517 for city manager

Employees, including the Police Benevolent Association, CSEA administrative personnel, are slated for a 2.5% increase, firefighters for a 3% increase and AFSCME, City Council, manager and non-union are to receive a 3.5% increase. 

City Council gave itself a raise in April 2022, bumping up its salary from $3,500 to $5,000 for all council members, except the president, whose role earns a larger sum of $7,000, an increase from $4,900. This raise will add another $175 for each member and $245 for the president. 

Public safety costs have increased by $800,000 for full staffing, contractual raises, technology subscriptions, additional spending on the Neighborhood Enforcement Team and retirement expenses, City Manager Rachael Tabelski said in the budget summary.

Other matters for discussion include a summer recreation agreement with the YMCA, bid awards, Empire State Development Pro Housing Incentive funding, and a lease agreement with Batavia Players.

City drafts new contract with Batavia Players for City Centre lease

By Joanne Beck

City management’s “hold over tenant” status has apparently been replaced with an official offer of a lease for Batavia Players to pay $4 per square foot plus back rent of at least $500 per month in an effort to move forward from an original lease in December 2019.

The nonprofit group and city officials had been communicating through their attorneys since the rent had gone unpaid due to the Covid-19 pandemic and the Players’ Main St. 56 Theater shutdowns, and there was no renewal in January. 

City Manager Rachael Tabelski had asked for a five-year financial plan, and the Players had submitted and revised plans three times, Patrick Burk had said

The two sides were to meet after Tabelski issued a statement toward the end of 2024 that Batavia Players would be considered a “holdover tenant,” and the matter would be further discussed.

The new lease agreement is up for discussion at Monday’s City Council conference session. The commercial lease is for city properties 2, 35 and 39 in Batavia City Centre, including 11,052 square feet of “improved commercial space that was renovated by Batavia Players through a Downtown Revitalization Initiative and Anchor grant,” Tabelski said in a memo to council. “Base rent will remain $4 per square foot to be paid $3,684 monthly. Back rent will be paid $500 per month or more until the balance is satisfied. 

"The lease also recognizes the city’s capital projects for the roof and HVAC units previously approved by City Council and clarifies how the Batavia Players shall submit requests for maintenance to the property,” she said.

The lease is to take effect April 1 for a period of 60 months to March 30, 2030. The tenant would have the option to renew “so long as the tenant is not in default under the terms of this lease” for a five-year renewal term at a negotiated rent not to exceed $6 per square foot. 

If the city were to sell the premises, it would have to provide a six-month written notice of cancellation, and the tenant would be able to negotiate with the city to purchase the property at any time during the lease term, according to the lease. 

Hens to retire after 27 years in public works, legislators give nod to assistant engineer

By Joanne Beck
Tim Hens

After 27 years with Genesee County — for most of those years as highway superintendent — first managing the roads, bridges, and fleet, and later adding on water, parks, airport, environmental health review and facilities duties, Tim Hens will be retiring later this year with the more all-encompassing title of Public Works commissioner and a need for a change of venue, he says.

As Hens is confident about who he leaves behind — county legislators have appointed his assistant engineer to fill the role — he also looks forward to being able to step away from challenging and stressful projects. He plans to retire May 30.

“It's weird to walk away after so many years. I have always been a big believer in being where your feet are, doing your best to leave the community in a better place, and handing things off to someone else when you know it's the time. Well, it's time,” he said to The Batavian Wednesday. “I have put an amazing DPW staff together that does so many good things, and we have such good relationships with all of the town highway superintendents, but the job is stressful, and you're always in the public eye. The regulatory environment, especially within New York State, isn't getting any easier--this is certainly one of my biggest reasons to leave.

“I’m in a good place with my decision. A change in scenery/perspective will be good for me, and new leadership will be great for the County. In terms of champion projects, it’s a duel between the rebuild/success of the County Airport versus Countywide Water, but I think Countywide Water will have a longer/more significant impact on our community than any other project the County has ever accomplished,” he said. “It certainly hasn’t been the easiest or smoothest process (nor is it done yet), but getting reliable, safe drinking water for Genesee County makes a difference to the economy but, more importantly, for people's health and well-being.”

Laura Wadhams at meeting
2024 File Photo of Laura Wadhams, assistant engineer for Genesee County's Public Works Department, showing progress at the new county jail during a county meeting.
Photo by Joanne Beck

He has recommended the department’s assistant engineer, Laura Wadhams, who has become an increasingly visible staff member for major projects, such as the $70 million county jail that opened in late 2024. 

“Laura is being considered by the Legislature as my replacement. I hired Laura in 2018 and knew right away that she was a perfect candidate to replace me in the future,” Hens said. “She has done an amazing job in so many different areas, from award-winning bridge projects to airport work, facilities projects and managing the construction of the new county jail. She is an excellent communicator and has the demeanor to work with all different types of agencies, contractors, community leaders, and people.”

Wadhams has worked as a civil, staff, and transportation engineer and transportation construction inspector for the New York State Department of Transportation. The new county jail was her largest county project since being hired as assistant engineer in September 2018, she said during a March 2024 meeting about the jail’s near completion. 

The commissioner’s role oversees seven divisions, 57 full-time and 11 seasonal or part-time employees within the department, including highways and bridges; fleet management; engineering; facility management; parks and forestry; Genesee County Airport; countywide water; and environmental health, which means engineering reviews for water, septic, campgrounds and pools.

The Genesee County Legislature has interviewed and selected a candidate to fill this future vacancy, and based upon qualifications and the recommendation of County Manager Matt Landers, the Ways and Means Committee recommended Wadhams for the position during its meeting Wednesday.

Wadhams has shadowed the Commissioner of Public Works and has demonstrated commitment to safe, reliable, professional and cost-effective planning and maintenance of county resources, facilities and infrastructure,” a related county resolution states. The group appointed Wadhams as commissioner of Public Works at a Grade of 124, Step 15 on the Management Salary Schedule, for a four-year term, effective June 1, 2025, through May 31, 2029. The full Legislature is expected to vote on the resolution during a future meeting.

Byrne Dairy moves toward a summer reality on city's east side

By Joanne Beck
Christian Brunelle with rendering
Christian Brunelle shows a revised rendering of his site plan for Byrne Dairy Tuesday during the city's Planning & Development Committee meeting at City Hall.
Photo by Joanne Beck

After a silent public hearing Tuesday evening of no one speaking for or against the proposed Byrne Dairy project at 606 E. Main St. in Batavia and slightly revised plans with additional landscaping, the city’s Planning & Development Committee approved the site plan and special use permit.

Senior Executive Vice President Christian Brunelle of Sonbyrne Sales, Inc. will have to return on Feb. 27 to the city’s Zoning Board of Appeals for approval of a variance and is looking forward to getting shovels in the ground soon after.

"So now we just have to get variances on February 27 … for the signage and the 500 feet; the gym kicks it into a public assembly, which is kind of weird, but a gym is considered a public assembly because of the amount of occupants,” Brunelle said after the meeting. “Basically, all we did was incorporate a new landscaping plan for the board members. They wanted some more shrubbery along the eastern property line to protect any sort of trash or whatnot to the neighbors to the east, the gym, basically. So I added those, added some storm water details that I had to do.”

The committee gave the project a negative environmental declaration, meaning that no harm was perceived to be caused by the construction and operation of the dairy and gas station on the city's east side. 

Group members John Roach, Jim Krencik, Zeke Lynn, John Ognibene and Liz Thompson voted 5-0 for the project and then pushed it to the ZBA because the dairy would be within 500 feet of Whole Life Fitness, a gym at 624 E. Main St., and his request for more signage is more than what’s typically allowed. Genesee County’s Planning Board approved the project Feb. 13.

The site plan is for a gated store that would be moved back from houses, include additional landscaping and trees, a Dumpster enclosure, two unrestricted curb cuts, one each a canopied gas and diesel station, sidewalks leading to the store porch, three signs, including a digital reading board, and outdoor LED lights designed to minimize unwanted light pollution. There are 42 parking spaces allotted.

Serviceberry trees would fit in with low utility lines to match existing trees in the area, plus he recommended three- to four-foot trees and “nice little shrubs.”

“These were the major approvals,” Brunelle said, sharing a work outline. Break ground immediately in March, closing our property, February 27 get approval, close on our property a week later and start the demolition in mid-March. I'm probably guessing the end of July or August 1 would be a goal (for completion). We should have no problem.”

He looks forward to opening up for business, and has been pleased with city Code Enforcement Officer Doug Randall and his staff's responsiveness, Brunelle said.

“The city’s been great to work with,” he said. “Doug and those guys have been phenomenal. It’s nice to have a pro-business municipality to work with.”

Brunelle previously said that once his site plans were officially approved by both boards, he would close on the property within 30 days from owner Ken Mistler. He also said there will be 25 full-time equivalent employees at the store, with 35 to 40 combined part- and full-time people for the “several million dollar project.”

Vigil in Batavia to remember that 'Sam was someone's child'

By Joanne Beck
trans protest first pres
Photo by Howard Owens

Despite the frigid temp and ongoing icy snow that blanketed Batavia this weekend, more than a dozen folks wanted to offer a visible signal of their outrage and sadness about the torture and murder of Sam Nordquist, a young man found dead near Canandaigua Thursday. 

When the group, from GLOW OUT!, which has a biweekly meeting for older LGBTQ individuals, learned about Nordquist’s death after an apparent lengthy period of torture by five suspects arrested and charged this week, “many were very upset … and wanted to have a vigil immediately,” Executive Director Sara Vacin said.

About 15 people gathered Saturday outside of Batavia’s First Presbyterian Church in memory of this 24-year-old-year old from Minnesota. 

“They didn’t mind standing in the snow, they felt like the message and our ability to do something mattered more. As a group and as individuals, we are terrified at the open transphobia we see and experience,” Vacin said. “The thought that this beautiful young man came to New York, following his heart, possibly expecting better protections and resources, and ended up being tortured is unfathomable and disgusting. This shows how truly targeted trans people are today and how people need to stand up to the normalization of hate speech, bullying, and discrimination.”

Motorists driving by beeped in positive response to the gesture, Vacin said, and the group is planning to join upcoming vigils in Rochester and Canandaigua. It doesn’t matter that none of them knew this young man, as “Sam was someone’s child and will be forever missed and remembered by many by the way he left this earth,” she said.

More than 20% of Gen Z are part of the LGBTQ population, and he could be any number of “our children,” she said. 

“GLOW OUT! wanted to call attention to the situation and ask — regardless of political beliefs — for allies not to remain silent and complicit but to step up and disrupt hate speech and discrimination,” Vacin said. “So that we can be the safe New York that Sam Nordquist and all of us deserve to live in.”  

For more information about GLOW OUT! services provided, visit www.glowout.org.  

In a recent update by ABC News, State Police issued a joint statement that -- although this was one of the most horrific crimes ever investigated -- "At this time we have no indication that Sam's murder was a hate crime." 

"To help alleviate the understandable concern his murder could be a hate crime, we are disclosing that Sam and his assailants were known to each other, identified as LGBTQ+, and at least one of the defendants lived with Sam in the time period leading up to the instant offense."

Ellicott Station to find new life with apparent sponsor in PathStone

By Joanne Beck
ellicott station

After what’s approaching a two-year lag in the Ellicott Station apartment project in downtown Batavia, there is apparently an interested sponsor in the process of working with the state Office of Homes and Community Renewal and Ellicott Station LLC, property owner Sam Savarino says.

Savarino confirmed Friday that the LLC “has been actively working with another entity to sponsor the project.” Two sources who asked not to be identified, including one close to the project, have disclosed that the sponsor is PathStone Development Corporation.

When asked for comment about this apparent development, Batavia Development Corp. Executive Director Tammy Hathaway said “Personally, PathStone has been my first choice from the initial notice that the current owner could no longer continue the project’s development.”

“Knowing the property will continue to be restricted to affordable housing guidelines, PathStone is the operative organization as they come well-equipped with decades of experience in housing development and management,” Hathaway said Saturday.

City Manager Rachael Tabelski could not confirm that PathStone is taking on the Ellicott Street complex left uncompleted in summer 2023, but she said she would “welcome a professional housing organization like PathStone’s to take over the project, finish building and rent to quality tenants,” she said.

“Supposedly it was discussed at a county housing meeting, I was not in attendance, but had some city staff there,” Tabelski said. “I haven’t been contacted by PathStone’s CEO or HCR lately.”  

The Batavian also called and emailed PathStone President Jason Sackett for comment, with no reply by publication. 

Ellicott Station was on its way to completion with four floors up, tenants selected by lottery, and grant funds, PILOTS, tax credits and exemptions in place by the state, Genesee County Economic Development Center and HCR. 

Later in 2023 Savarino Companies closed for business due to a financial battle with the state Dormitory Authority and stopped work at Ellicott Station, and GCEDC performed a clawback of exemptions and tax credits, claiming that the company didn’t abide by its contract obligations. 

Savarino still maintains that GCEDC’s action is what disabled the project and prevented it from continuing. 

Focused on 'helping people,' owners have CBD and more at the Hemp Lodge in Batavia

By Joanne Beck
hemp-lodge-batavia-city-center
Anthony Session, left, Gregg Boose, Dalton Lamay and Roger Grazioplene want to educate and ease your pain with CBD and hemp products available at the Hemp Lodge at 10 Batavia City Centre. 
Photo by Howard Owens

If you’re interested in learning more about how CBD and hemp products can ease pain, anxiety, and various skin conditions, there’s a new place in Batavia with business owners who want to help, Gregg Boose says.

He and partners Anthony Session, Dalton Lamay and Roger Grazioplene hope that the Hemp Lodge, while not a brand itself, can be a local marketplace for “your go-to, high-quality CBD and hemp products.”

"So, we don't carry our own products. We shop around everywhere in New York, outside New York a little bit as well. But we want to keep it more in state, you know, to push other people's products and let everybody know the fundamentals and what it could actually do for you and everything,” Boose said during an interview Thursday at the store at 10 Batavia City Centre. “So it's more like, it's just a big market for people, for health, for chronic issues, for pain, surgical pains, athletic surgeries, and stuff like that.”

Their focus is on “healing our community” by providing CBD-based solutions for chronic pain, post-surgery recovery and sports injuries. Products include full spectrum CBD oils, salves, balms, Outer Space touted for damaged skin to fight fine lines and wrinkles, redness and inflammation; broad spectrum CBD gummies; Aches & Pains Joint Buddy balm stick; suntan lotions; organic menthol balm; bagged and prerolled hemp; handmade beaded CBD joint holders; tinctures; and a pet line of CBD cat and dog chews and treats.

“We’ve got topical creams, we’ll have full spectrum and broad spectrum creams. And usually when somebody comes in, the first thing I’ll do is I’ll ask them, ‘why are you here today?’ I want to know why you’re here. I just don’t want to give you something off the shelf that’s without what you need just to make a sale,” Grazioplene said. “A lot of the roll-ons have what will be for the joints, in the back muscles and stuff like that. We have a couple kinds now, the only reason we have a couple kinds, and they’re different from everybody else, is because, like Gregg was saying, we like to source what works, not just one white label, like a lot of people would buy and just have a generic item in the store to sell with.

“These are all products that have been tested, and they do work. It’s basically like a Bio-Freeze infused with CBD or CBN or CBG,” he said. “Like I said, when somebody comes in, they tell me exactly what is going on with them and I can line up what actual CBD derivative will be actually good for you.”

He offered his own testimony of how the products have helped him with nicotine withdrawal when he quit smoking, for inflamed gums during dental issues and as a more low key alternative than marijuana.

“Now we have CBD flower for people that used to like to smoke pot, but, you know, pot’s so strong. Now people are getting paranoid over it. I get anxious when I smoke it, too,” he said. “So we have flower for an alternative, so people can still smoke and partake and be part of the group, but you're not getting high.”

How does one get involved in this type of business? 

“Honestly, it kind of happened out of nowhere,” Boose said. “We were talking, we’re really good buzz, and we’re really big on helping people. So, the best way to help people is to be able to help them on the inside, and the outside.

“We’re mainly focusing on this right now because a lot of people aren't focusing on helping people. It's all about the money. You know, you shouldn't be about that,” he said. “It should be about ... You should wake up feeling good and go have a good day.”

There will be a public ribbon-cutting at noon Feb. 24.

For more information, go to Hemp Lodge or call 585-201-7063.

Photos by Howard Owens.

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Potential candidate for Legislature from Le Roy had legal trouble in Georgia

By Joanne Beck
dr. George Robert Vito, le roy
Dr. George Robert Vito
In a lab coat from the Foot & Leg Center of Georgia. The photo appears on the website for the Foot and Ankles Center of WNY.

Dr. George Robert Vito, of Le Roy, is apparently considering his options after the Genesee County Conservative Party withdrew its endorsement of him for the County Legislature District #5 seat, citing "legal issues."

The Batavian has located multiple court documents in Georgia, New York, and at the federal level that detail a number of "legal issues."

These are issues he reportedly neglected to mention to Conservative Party members before they voted to endorse him.

Vito served a year in federal prison, from June 4, 2014, to May 13, 2015, plus three years on probation on a bankruptcy fraud conviction in Georgia (original indictment).

He was also sued by Jay Otero in Macon, Ga., for a leg-lengthening surgery that left Otero confined to a wheelchair for three years before he was able to walk with crutches, according to a court document

Vito has also been involved in other lawsuits, as a defendant and plaintiff, in both Georgia and New York.

The Batavian learned Vito shared some details of his history in Georgia during this week’s county GOP committee meeting. 

The Batavian attempted to talk with Vito about his professional history on Thursday, but he declined to answer questions until after meeting with Le Roy's Republican leadership.

After learning from Committee Chairman Andrew Lathan later Thursday that they hadn’t talked yet and had no meeting set up, The Batavian tried again. Vito said, “At this point, Andrew Lathan and I are in discussions.”

“We’re not discussing it with anybody how we’re going to handle the situation, so everything is still up in the air,” he said. “That’s just our comment at the present time. You know, what happened the other night was unexpected, and we’re just seeing how we’re going to play the cards. That’s all.”

The Batavian asked if he would respond to what he revealed at the county Republican meeting. “No,” he said.

On Friday morning, The Batavian again contacted Vito and informed him The Batavian had prepared a story about his legal issues. He said he would only respond to our request for comment if we agreed to publish a statement from him in full. 

Here is his statement:

Any legal issues I have had are personal in nature and clearly posted on the internet. I have no doubt they will be used on your website to create a salacious article to remove any support I have for the legislative spot. I was upfront and truthful when I spoke to the county Republicans prior to the vote. I openly stated that I had a bankruptcy-related felony charge and that I served my punishment. Even after the committee was informed by me of my past legal issues, (Shelley) Stein could not get the endorsement and was losing votes every time they took a new vote.
 
I will have a sit-down interview with the Video News Service early next week. Interested voters in Le Roy can look for that story and decide for themselves.
 
I am moving forward and will not announce any decisions or changes until late March or early April.

Vito is a podiatrist who is originally from Rochester. According to his social media page, he attended Corning Community College, SUNY Cortland, Des Moines University, University of Phoenix, Utica College and Purdue Global Law School. 

His medical training includes a degree from the Des Moines University of Osteopathic Medicine and Health Sciences and a surgical residency at Emory Northlake Regional Medical Center Residency in Tucker, Ga.

Vito has a long list of professional credentials and accolades, according to his resume. It also indicates some connections to Georgia, though he doesn't list his time in practice in that state.

He has operated practices in Buffalo, Georgia, North Carolina, Hewlett, Amherst, Batavia, and elsewhere, and currently lives and has an office in Le Roy.

Jay Otero filed his action against Vito on July 7, 2004. He alleged negligence, unlawful practice of medicine, fraud and misrepresentation, and professional malpractice.

Otero, according to court documents, underwent cosmetic leg-lengthening surgery in August 2002. Otero signed consent forms and paid Dr. Vito approximately $53,000 to perform the surgery. The procedure was estimated to increase Otero’s height (5ʹ1ʺ) by one to three inches. 

Following the surgery by Vito, Otero sought a second opinion from Dr. Dror Paley, who began treating Otero for "bilateral nonunions of the proximal tibiae with severe greater than 45-degree valgus procurvatum deformities of both tibiae," according to court documents.

In simpler terms, this describes a condition where both legs have unhealed breaks near the knees, causing the lower legs to bend outward and forward at a severe angle (more than 45 degrees).

Dr. Paley planned a course of treatment to correct Otero’s deformities. 

In November 2006, while under Dr. Paley’s care, Otero suffered an excruciatingly painful stress fracture that resulted in a complete fracture through his right femur. 

According to the 2007 court document (Order on Motion for Default Judgement), Otero’s condition "improved somewhat since his August 2002 surgery. He remains under Dr. Paley’s care and supervision."

The default judgment order states, "Dr. Vito’s liability for his negligence and unauthorized practice of medicine has already been established by the Court’s prior rulings, and the Defendants’ Georgia RICO and punitive damages liability was well-pleaded in the Second Amended Complaint, and thereafter established by the entry of default against them.”

The court ordered:

  • Special damages in the amount of $721,989.24;
  • Treble actual damages in the amount of $1.5 million ($ 500,000 base award);
  • Punitive damages in the amount of $150,000; and
  • Attorneys’ expenses in the amount of $155,000.

As part of the same case, in an Order on Motion for Summary Judgment (Sept. 9, 2009), the court also found that Vito undertook a strategy to create various corporate and business entities, which are listed in the document "as part of an elaborate scheme to evade liabilities to judgment creditors such as the Plaintiff in this case."

The court stated that Vito admitted that "he created and controlled the various entities so that he could protect his assets from collection while maintaining control over and access to those assets."

According to the court, Vito included his brothers, Richard C. Vito and John A. Vito, and his father, George A. Vito, all three also from Rochester, as official owners, shareholders, and officers of all the entities.

Richard Vito and John Vito both testified that they had no knowledge of or involvement in the affairs of these entities but that they agreed to participate as owners or officers of the various entities at the direction of their brother.

The order states:

The court found that Vito's transfers to these various entities was fraudulent, with the intent to hide assets from creditors, including Otero. By weaving a complex web of trusts, corporations, and limited liability companies, by channeling his income through numerous accounts in numerous names, by transferring his property to alter egos, by encumbering his property and income stream with various obligations, and by refusing to cooperate in the discovery of his assets, Dr. Vito fashioned a daunting challenge for his creditors. Overcoming that challenge has required more than two years of arduous, expensive litigation by a very determined Plaintiff, the appointment of a special master and a receiver, the incarceration of Dr. Vito, and considerable time and effort on the part of this Court and its staff. To this day, it cannot be said that the web is completely untangled or that the hurdles have all been removed. Enough is known, however, to warrant summary judgment in the case.

As a result, the court ordered that funds currently held by the receiver in the bankruptcy on behalf of the Vito entities be considered assets of the Vito estate.

This evidence is apparently what led to the federal bankruptcy fraud indictment.

Georgia court records also indicate that Vito was sued by Sabih Kalidy, who alleged medical malpractice by Vito when he experienced complications after Vito had performed leg lengthening surgery. The case was apparently settled, but the actual case documents are not online. The Batavian only knows about it because Vito subsequently sued Dror Paley, alleging defamation via an affidavit Paley made in the case. That case was dismissed. 

Also stemming from Kalidy's case, Vito sued attorney Mark Inman. Inman then took on another client who underwent the same procedure and began making phone calls to gather more information to support the case. He left phone messages for the person he called and Vito learned of those messages. He sued Inman and Inman's law firm alleging slander, tortious interference with business relations, and misappropriation of trade secrets. An appeals court decided in Inman's favor.

Closer to home, Legacy Medical Consultants, based in Fort Worth, filed a complaint against Vito and Ankle and Foot Centers of Western New York on June 28. The case is still pending, with the most recent action in the case, notice of discovery, on Jan. 31. 

Legacy alleges that Vito failed to pay more than $13.5 million for products received by his practice beginning in July 7, 2022.

"Despite the plain language of the Agreement, Dr. Vito has failed to make numerous payments owed to Legacy for Products he received," the complaint alleges.

It alleges Vito has failed to make at least 151 payments.

In the complaint, Legacy describes its business:

Legacy is an integrated marketer of proprietary regenerative biomaterial products processed from human amniotic membrane and other birth tissues. Among other things, Legacy markets amniotic tissue grafts, which are intended to assist in the treatment of external, chronic or non-healing wounds by providing coverage and protection. Legacy markets its products to doctors all over the country.

Legacy alleges Vito entered into an agreement with Legacy in November 2021 to purchase "human cell and tissue products for Dr. Vito to administer to patients as medically necessary” and that he subsequently placed orders with Legacy.

In an answer filed on Aug. 7, 2024, Vito denies all the allegations raised in the suit.

As for Vito’s next political step, “it is up to him,” Le Roy Republican Committee Chairman Andrew Lathan said. 

It was too late for Vito to appear before the committee by the time he notified Lathan of his interest, and the endorsement window is now closed, the chairman said. 

“He will need to get the required signatures for an upcoming primary. He has made no indication to me of his decision,” Lathan said Thursday evening. “It is important to note that the political process is alive and well for the 5th Legislative District; the door is now open for any Republican in Le Roy to get signatures and get on the ballot.

“I plead home rule to the GCRC, where the voters of Le Roy truly get to pick their representation at the county level, not to get force-fed an incumbent candidate, and my fellow Republicans of the GCRC delivered,” he said. “This is going to be a long process; nothing is going to be settled on social media. Keyboard warriors should stay stretched and well-hydrated. I hope it is an honest and fair process.”

Howard Owens contributed to this article.

Genesee County Conservative Party pulls endorsement for Vito due to 'legal issues'

By Joanne Beck

Genesee County’s Conservative Committee pulled its endorsement for Dr. George Vito in his bid for the county Legislature’s District 5 spot, secretary John Roach says.

“The Conservative Party endorsed Vito and then found out he had some legal issues and thought he should have told us ahead of time,” Roach said Thursday. “The fact that he had issues and didn’t tell us … we were disappointed not to know ahead of time.”

Vito is a first-time political candidate and contender for the District 5 seat, giving a potential challenge to incumbent Shelley Stein. Neither candidate has received an endorsement from the county Republican or Conservative committees from official votes, and Stein did not get an endorsement from the Le Roy Republican Committee. 

Vito said Thursday that he was meeting with the Le Roy Republican Committee about his impending campaign and future decision to run for the seat. He wanted to have that discussion first before an interview with The Batavian. 

Stein said she is “motivated to first understand the reasons behind not receiving the endorsement for re-election this year.” County Republican Committee Chairman Scott German had said he was aware that people in Le Roy were not happy with her performance, and Stein believes it relates to the sales tax cap initiated in 2021. 

“That action was taken after several months of conversations and discussions with all municipalities,” she said. “The driver for the sales tax cap was the debt service for the new jail. The role of a legislator is to run the county with the perspective of the district, yet putting the county first.”

As for why her constituents may be disgruntled, she suspects it could stem “from the extra layer of responsibility I have as chairwoman.”

“There is much legislature discussion around issues, and once a decision is made, the chair must support it.  These decisions may not be popular with towns and villages,” she said. “I will continue to work hard and advocate for all citizens of Genesee County and faithfully execute the fiduciary duties of the position.”

Candidates will find out from the New York State Board of Elections in a week how many signatures they must obtain to get onto the ballot.

Primaries likely for Genesee County Legislature, no endorsements for incumbent chair

By Joanne Beck

It seems likely there will be primaries in Genesee County’s future, with no endorsements for two candidates in each of the county Legislature’s District 5 and 9, County Republican Committee Chairman Scott German says.

“There were people that were adamant for Kathy or Bob, but they didn’t get 60% of the vote,” German said Wednesday of City Council members Kathy Briggs and Bob Bialkowski, who are vying for District 9.

Gary Maha has opted not to run for re-election, so there will not be an incumbent in the race for District 9. Briggs and Bialkowski will have to petition for signatures to get onto the ballot.

“I’m sure they will each have people that will help them pass,” German said. 

It’s a similar scenario for the two candidates for District 5, although incumbent Rochelle “Shelley” Stein has said she will run for re-election. A longtime member of the legislature for the last 14 years, Stein was not endorsed by the Le Roy Republican, the county Conservative or the county Republican committees. 

“I know that people in Le Roy are just not happy,” German said.

The Le Roy Republican Committee has not yet endorsed, and county Conservative Committee has endorsed newcomer Dr. George Vito, a podiatrist from Le Roy for District 5. 

After three votes, neither Stein nor Vito “achieved 60%,” German said of the County Republican Committee vote. They will also have to petition for signatures to get onto the ballot. German estimated they would need about 90 names. 

The county Republican Committee did endorse this week District Attorney Kevin Finnell, Chad Klotzbach for District 1, Gordon Dibble for District 3, and John Deleo for District 7.

There is also likely to be a primary this June in the town of Byron along with the two districts, German said. 

A phone call made to Le Roy Republican Committee Chairman Andrew Lathan early Wednesday evening for comment was not returned. 

The following requests were also given unanimous approval during the county Republican meeting, according to a news release:

  • Maureen Torrey Marshall, a member of the Genesee Community College Board of Trustees, requested a recommendation to the Legislature for another term.
  • Carl Hyde Jr., Supervisor for the Town of Bethany, requested to pursue his interest in being a candidate for New York State governor.
  • Michael Cianfrini and Barbara Eddy, the present Genesee County representatives as New York State Committee members, were appointed to another term.

City resident with garbage business know-how offers advice to stop trashing Batavia

By Joanne Beck
bruce scofield
Still frame from video of Monday's council meeting.

Pizza boxes blowing against trees and styrofoam in the bushes are unsightly not only because they didn’t make trash pickup, Bruce Scofield says.

Those items that were put in residents’ recycling boxes are not recyclable, and it would be nice if they were better secured so as not to decorate the surrounding neighborhood and hurt the environment, he said.

"I have been in the garbage business for the past 23 years. I’m coming to speak to you tonight as a resident. I will offer my concerns as a resident. I will offer my advice as an owner of a garbage company, but by no means am I looking to steer business my way, other than to give insight into the garbage business,” Scofield said Monday during City Council’s conference meeting at City Hall. “My first concern is recycling in open containers. There is no reason this should be permitted in the city of Batavia; all recyclables should be placed in an enclosed container. Plastic bags are not recyclable, and if a resident puts their recyclables in a plastic bag the whole bag of recyclables gets trashed and not recycled.”

Scofield just opened his Scofield Transfer & Recycling pick-up business about a month and a half ago in the city. When he drives around on garbage pick-up days, “it is a mess,” he said. While people may think they are saving the environment by recycling, the materials that end up littering the streets and neighborhoods “can do more damage” than good, he said.  

“When paper or cardboard gets wet, guess what? It’s not recyclable. So, when it rains, that material becomes garbage – not recyclable. When the wind blows like it has in the past month that material now becomes garbage,” he said. “I don’t know how many times, on a windy day, I have had to pick up styrofoam products in my yard. Styrofoam isn’t recyclable. How about trees? I have never seen a tree grow a pizza box but, every garbage day, countless trees around the city have pizza boxes propped up against them. The funny thing is pizza boxes are not even recyclable. The problem with recycling is that people think they are doing the right thing but, in fact, they are not.”

He likens it to someone who eats a double cheeseburger with fries and adds a diet drink to offset the calories for a perceived net gain of zero. Subconsciously it may feel good but doesn’t actually accomplish the goal, he said. Same is true for recycling: it's a feel-good effort, however, recycle the wrong way, and the net gain is “a trashed city of Batavia, and you didn’t save the environment.”

He suggested that council provide stronger regulations for the garbage business, including for there to be only three pick-up days a week — Tuesday, Wednesday and Thursday — to alleviate the city from having garbage and recycling along the streets seven days a week; and that all materials be in enclosed containers.

Can and should the city be the one to initiate such a mandate to private business owners?
“I’m asking the city to hold residents to be more responsible about the garbage they produce and to hold garbage companies to a city standard,” he said. “Let’s make Batavia clean again. My home, just like most of yours, is an investment. I’m here to protect my investment.”

Will this cost residents more?
“You might say it could create economic hardship for residents if they have to buy sealed garbage totes. Require the garbage companies to provide totes to the residents,” he said. 

When garbage in bags is placed by the road, it blows into the road, gets hit by cars or plows, or snow piles up on it, he said. In the summer, animals and rodents break open bags. 

"Employees from the garbage companies won’t pick up garbage that’s scattered all over. Why should they?" he said. "We live in a beautiful city; why trash it? I ask again, why does it have to be that way?"

City Council President Eugene Jankowski Jr. said he had not heard about this issue before.

“First I heard of it. It's all news to me, and we've directed the city manager to look into it and provide us with more information. I like to gather as much information as I can before I make decisions. So I can't even comment on it right now because I need way more information than I have,” Jankowski said, adding that he has not heard from residents. “No. And I live in a neighborhood and I have my recycling bin does have a cover on it, so I didn't know that people were still acting without covers. First I heard of it, so we're going to look into it.” 

In the meantime, there are three basic rules, according to one recycling site online:

  • Rule 1: Recycle bottles, cans, paper and cardboard.
  • Rule 2: Keep food and liquid out of your recycling.
  • Rule 3: No loose plastic bags and no bagged recyclables allowed.

Also on the “no” list are plastic wrap and film, flexible packaging, cups with wax or plastic coatings, polystyrene foam and plastic, dirty diapers, household items, medical or garage waste, tanglers that can wrap around equipment or endanger workers, such as water hoses. 

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