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There’s a rule in the air show business that you’ll know how good the event will be by how well you’re treated and taken care of in the first 15 minutes of arrival, Doreen Hillard-Zeliff says.

As one of the lead organizers of the resurrected Wings Over Batavia Air Show, she intends to provide nothing but an A-plus experience for those performers and pilots coming into town for the weekend’s event. 

They’ll get a hearty welcome, no doubt, a rental car, their hotel packet with a map, a bottle of water, local information, a swag bag, necessary credentials, and — an especially important local commerce element — a community event and some wining and dining.

“So Thursday night, we’re having a community event at Eli Fish, in back at Jackson Square. It should be a lot of fun, and everybody can come. And there's music. Matty Gray hired a band that is going to play. So there'll be appetizers and drinks, and we're going to introduce the performers,” she said during an interview with The Batavian. “They all like to give back. The only thing we wish is that the kids were in school right now because they make school visits. And it's real special for them to do that; they love giving back to the communities that they get to fly and perform for.”

There might even be a few pilots flying over Jackson Square during this Thursday’s event. It’s all part of a bigger picture that draws revenue beyond the airport into the community at large, she said. 

Gates open at 2 p.m. Saturday and Sunday for Wings Over Batavia at Genesee County Airport on Saile Drive, and events run from 5 p.m. into the evening, finishing with fireworks. 

That revenue is being spread throughout Genesee County, as organizers have been taking air show participants out for meals while they’re also staying at local hotels. Harrington’s has been booked to provide breakfast throughout the weekend. 

Formerly Hillard, Doreen, one of the two air show co-chairs, just got married to Pete Zeliff, a fellow airplane and air show enthusiast who owns a hangar at the Genesee County Airport. They’ve been working on the show with a committee and a handful of hired professional, seasoned veteran air show staff to ensure a smooth first-time event, including an air show director, a parking specialist, and a ticket agent.

Committee member, county Highway Superintendent Tim Hens, has also brought his expertise into the mix with responsibility for the county’s safety. 

“I’ve been focused on creating safe access for parking, safe pedestrian access to the site, safe movement of planes, limiting impact on our airport tenants, managing traffic around the airport, coordinating lighting during and after the show.  I feel like everything is in a very good place. The Air Show has an excellent parking plan, and it’s great that they are including the price of parking in the admission tickets to get people off the roads and into the airport to avoid traffic,” Hens said. “We have a good plan in place for pedestrian safety, and the county has made several on-site improvements to move folks through the venue. We will be doing final inspections all (this) week to make sure things are safe. We will be putting out some PR this week … highlighting parking and access to the airport as well as some community notification on the fireworks, pyrotechnics and explosions that will occur on 9/2 and 9/3 as part of the show.”

While talking, Hillard-Zeliff had to pause momentarily to move off a ramp while a man cleared off some “foreign debris” in preparation for more planes to arrive. There was plenty of commotion, as could be heard in the air all afternoon and into the evening.

While preparing for the show was exciting, it was certainly old hat to Hillard-Zeliff, who grew up in air shows, she said, in Oshkosh, Wisconsin, home to the AirVenture Museum, which is dedicated to the preservation and display of historic and experimental aircraft and antiques, classics and warbirds. She’s also involved in the Air National Council of Air Shows and wants to bring back air shows as a more common staple to communities. 

“It celebrates what we’re all about: the human spirit,” she said. “I call it aerial ballet because some of the acts are just so beautiful, with the smoke and the music. And it just does something of your soul I think. You can tell I love it.”

So even though she rattled off names of performers and pilots and planes that may not be familiar to everyone, they’re the real deal, she said. Trainer fighters, beautiful Mustangs from World War II in a beach team doing a day and night show, the F-22 Raptor, Rob Holland Aerosports, Kevin Coleman Extra 300 SHP, a choreographed pyromusical fireworks show and many other acts that are mostly described as to leave the audience in awe.

Some of these aircraft have such precision aerobatic skills, with super light maneuverability, yet there are also regular Cessna family planes that can also manage similar feats despite their much more sensitive carriages, she said. There’s a pilot that “pours a glass of water in the cockpit and doesn’t spill it,” she said. The audience can see this because there’s a live video for those below to watch.

And there are many other plane acts that take place at twilight and at night, and all are choreographed to “beautiful music,” she said. Or with the 1,000-foot wall of fire. The U.S. Air Force A-10 is one of her favorite demonstrations.

“It’s just different,” she said. “If I was in the desert, I’d be scared. It’s got big gatling guns.”

Don’t let her gender fool you; air shows and the industry are drawing more women, she said.

“It’s slowly become half and half,” she said. “Our premiere team is A-10 demo; it’s female. My niece is an F-16 pilot. A lot of my family fly and they are all girls. A lot of women are coming around.”

Hens credits her and Zeliff for bringing the air show back and thinks the community has been very supportive of its return. Hens alternates between excitement and nervousness every day as he approaches the actual event, he said. But he’s definitely looking forward to it.

“The acts I am most excited to see are the P-51s. I’ve been in love with those planes ever since I was a kid, and they are one of the reasons I went to the Air Force Academy. It will also be great to see the P-51 fly with the A-10 and the F-22 in a Heritage Flight,” he said. “Everyone always enjoyed the air shows in the 90s, and there is excitement for it to be back. There’s also a desire by many to see community events return. We’ve lost so many over the years. I think the hardest part is getting volunteers to run these things. They don’t happen by themselves, and much to everyone’s surprise, there is usually little to no government involvement outside of Police and EMS.”

Perhaps that’s why organizers have been calling the air show so family-friendly. It’s a grassroots type of deal, and more volunteers are always needed, organizers said. Nonprofits can make 10 percent of the proceeds if they work in concession stands.

Ticket sales have been going well, and The Mustang Club category was sold out as of Tuesday. For Hillard-Zeliff, she also sees the show as very affordable and patriotic to offer something for the community and the soul. The Ghostwriter will be leaving messages in the sky throughout this week, so you may want to be glancing upward until the show begins, she said.

Or, as Hens said, “it will be life-changing.”

“Aviation has so much to offer, and most kids just aren’t exposed to it. The air show provides a great opportunity for kids in Genesee County,” he said.

Press release:

The Flying J travel center in Pembroke, New York, is ready to welcome travelers with a fully refreshed look and new amenities. The renovations are part of Pilot Company’s nationwide initiative, called New Horizons, to invest $1 billion in remodeling its stores to upgrade the experience for team members and guests and prepare for the future of travel. Additionally, Pilot Company is donating $10,000 to Pembroke Central School District as part of its commitment to giving back.

As part of the store’s complete overhaul from curb to counter, the Flying J travel center located at 8484 Allegheny Road features: 

• Refreshed and expanded restrooms and showers to improve the guest experience
• Enhanced food offerings
• Expanded beverage coolers 
• New team member breakroom
• Updated public laundry facilities

“We are excited to showcase our newly updated travel center with the Pembroke community and the travelers we serve every day,” said Allison Cornish, vice president of store modernization at Pilot Company. “We continue to listen to our guests’ feedback and strive to make their travel experiences easier and more enjoyable.”

The New Horizons initiative is a three-year project to fully remodel more than 400 Pilot, Flying J and One9 travel center locations and marks the company’s most significant investment in store modernization to date. For more information about New Horizons, visit pilotflyingj.com/new-horizons.

Press release:

Like every other school district in the nation, Pavilion Central School District teachers and administrators are frustrated by the distractions and problems created by students with mobile communication devices, particularly mobile phones.

"When you ask teachers, what's the one thing we could do to get kids more focused in school and in the classroom, it would probably be the removal of cell phones," said Charles Martelle, Pavilion's high school principal. "That doesn't mean we can come up with a way to do it that doesn't cause more distractions."

It's a problem even in elementary school, said principal Tom Wilson, and Carin Wade, a ninth-grade language teacher, chimed in with, "It's awful."

She added, "They can put it in their pockets and you don't even see it. They can text without looking at their phones.  I mean, you've got 25 kids in a classroom and you can't -- it's terrible."

During the discussion of outright bans, Wade said it's been tried at Pavilion, and parents complained.

Parents, one administrator said, are part of the problem.

"I understand the safety side of it, but at the end of the day, parents shouldn't be texting their kids during class," he said.

"And they know they are," Wade said. "They know their kids are in class, and the kids will be like, 'But it's my mom,' and I'm like, 'OK, but you're in class. I don't understand.'"

The policy for 2023-24 will be the same as last academic year, which uses a color-coded system to let students know where and when they can touch their phones.

In the green zones -- hallways and the cafeteria, they get close to unlimited access to their phones (they're not supposed to take pictures or make audio or video clips).  In gold zones, such as most classrooms, they can only access a phone with teacher permission. And in red zones, phones cannot be touched or displayed at all. This includes bathrooms, locker rooms, and the auditorium.

If a student is caught in violation of the policy, a staff member can collect the phone and leave it in the main office, where a parent or guardian must pick it up.

The discussion at Monday's meeting indicated even this policy leaves much to be desired when it comes to limiting distractions caused by electronic devices.

Schools have tried outright bans, but Martelle said there's no evidence these bans achieve favorable outcomes. Some schools have tried lockable pouches that students must store the device during the school day, getting the pouch unlocked by a staff member at the end of the day, but some school districts, Martelle said, found that students use "burner phones," phones they don't really use, to dump in the pouches.

"If there's a plan that actually worked and serves our interests that was more strict, we would use it," Martelle said. "I think a lot of schools are (implementing more strict policies), so we'll be able to look at articles and literature and studies. Right now, it's really up in the air. The studies as to whether or not schools that have done this versus those that haven't, the studies are really kind of inconclusive. We're looking at different things as to whether it actually improves anything in schools or not or whether it's effective."

He said administrators are open-minded about finding a better way of dealing with the problem.

"It's a very difficult problem right now," he said.

Matthew Starowitz arrived at Empire Hemp early this afternoon, well before the 1 p.m. opening time for legal cannabis sales, with the goal of being the first customer to make a legal weed purchase in Batavia.

Goal accomplished.

"That's the way I was raised," Starowitz said. "You support local people, and so you're there; you're the first one."

It's been a struggle to bring legal cannabis sales to Batavia as state regulators figure out the ins and outs of licensing and legal distribution. Empire Hemp has had products ready to sell for some time.  With the "pop-up" store, called the Cannabis Growers Showcase, opening on Tuesday, they've been allowed to open to cannabis buyers on a limited basis.

The adult-use dispensary for licensed cultivators of high-quality cannabis products will run from 1 to 7 p.m. every Tuesday through Saturday through Dec. 30. 

It provides local shoppers with the opportunity to purchase certified cannabis products, but the showcase opens the door for Empire Hemp to sell its THC products as well. Typically, the state doesn’t allow one company to be a grower, a processor and a retailer, VanDusen said, and this will allow his company to sell Empire Hemp products through Dank as the retailer set up within Empire Hemp shop. 

Starowitz said he was happy the long process of marijuana legalization has gotten to the point that there is now a locally owned and operated retail location in Batavia.

"I've smoked it since I was like 12 years old," Starowitz said. "I'm 35 years old now. I have always loved it. It's just always been that way. So now that it's legal 100 percent, I'm going to support it locally."

He purchased several different products as a kind of sampler.

"I feel like I just want to sample everything that they have here, at least as far as sativa and sativa hybrids, because then I'll figure out what I like, you know," Starowitz said. "I think that this is better than the stuff I'll ever get from the Res because a lot of their stuff is unregulated. It's not lab-tested. At least this here is legit and lab-tested."

Why sativa?
"Because with indica, I feel like I get too lazy, and I really don't want to do too much," Starowitz said. "Whereas with sativa, I'm always active and going around and doing things. "I'm a vegetable farmer, so sativa is for me as the way to go. This way, I don't get lazy."

Previously: Making history: first-time legal cannabis sales begin Tuesday at Empire Hemp in Batavia

Rex Eighmey, the director of facilities for the Pavilion Central School District, gave the Board of Education on Monday a complete rundown of all the work his staff is performing during the summer months.

It's more than just keeping the lawns mowed and the floors buffed -- which board members praised as always extra shiny -- it's repairs and upgrades, among other items.

A few of the items he mentioned:

• Clean all furniture, windows, floors, ceilings;
• Perform maintenance on the HVAC system;
• Unpack and assemble new furniture that comes in and place in the appropriate rooms;
• Retrofit some of the high-pressure sodium lights outside with LEDs;
• Clean and repair concession stands at sports fields;
• Maintain and repair sports fields;
• Repair baseball and softball dugouts;
• Replace some whiteboards and blackboards in classrooms; and,
• Replace condensation pumps in the cafeteria.

Among several other items that have kept work crews busy all summer.

The Pavilion Central School District Board of Education members warmly welcomed Deputy Trevor Sherwood as the district's new School Resource Officer at their Monday evening meeting.

Sherwood's new position begins with the start of the school year, and he said he's excited to get going.

He said the job is a chance to have a positive impact on the lives of young people.

"I grew up here -- not necessarily in Pavilion, but in Batavia, just down the road," Sherwood told The Batavian after the meeting. "The biggest thing is I have a younger brother who is still in high school. I think I can be a positive role model."

A former star athlete in basketball and baseball at Batavia High School, Sherwood said one of the aspects of the job he's looking forward to is supporting the Golden Gophers in their athletic programs.  He's on board, he said, with Gopher Pride.

"I've always tried to be a positive role model, especially in sports," Sherwood said. "I've been out of touch with (sports) for years. I've coached previously, junior league baseball and stuff like that years ago, and I thought one of the biggest things is that it would be cool to be around sports again."

A former parochial school principal in Batavia who admitted to a course of sexual conduct with a child less than 11 years old is facing the possibility of having his interim probation revoked.

A hearing will be held in October to help Judge Melissa Lightcap Cianfrini determine if he's violated the terms of his probation by telling probation officers that, contrary to his guilty plea, he has never been sexually attracted to children.

When Jason Clark, who was principal at St. Paul Lutheran School, entered his plea, District Attorney Kevin Finnell said Clark made a factual admission, by definition of his guilty plea, that he had sexual contact with a child to satisfy his sexual desires.

Clark's statement to a probation officer during his pre-sentence investigation interview, according to Finnell, is that Clark isn't and never was sexually attracted to children, and that statement, Finnell asserts, is inconsistent with his sworn admission in court. 

That constitutes a violation of the warnings Clark was given by Cianfrini at the time of his guilty plea.

In June, Clark entered a guilty plea to sexual conduct against a child in the second degree, Class D felony.  Under the terms of the plea, Clark agreed to surrender his teaching license and was placed on interim supervision by the Probation Department for one year.

If he successfully completes interim probation, Clark can change his plea to endangering the welfare of a child, which is a misdemeanor. 

As part of his plea, Clark made a factual admission that he touched the chest of a female child two or more times over a period of time not less than three months in duration.

Cianfrini ordered a hearing, which will likely include testimony from the probation officer, for 10:30 a.m. on Oct. 17. 

Clark was named principal at St. Paul in June 2019 and served in that position until sometime in 2022. He was arrested in January.

A line down the sidewalk.

That’s all anybody could hope for, and Empire Hemp founder Chris VanDusen and his eight suppliers — cannabis cultivators and processors bringing in product for the 204 E. Main St., Batavia Empire Hemp store beginning at 1 p.m. Tuesday — will happily and hopefully be watching the street side form with customers.

“For us, it's a huge thing for us. People always ask -- they want our THC products, and we haven't been able to sell to them because we're not allowed to. So to be able to have this opportunity is really great,” VanDusen said during a busy Monday of preparing for opening day of the Cannabis Growers Showcase. “So we have a range of products, flower products, prerolls, you know, a lot of whole flower from … all the other vendors are cultivators. So it's all their stuff. We're hoping that we have a line down the sidewalk is what we're really hoping for. We're just just hoping for a really big turnout. We just found out last week we got approved to do it, so you know we've been scrambling to get everything out there.”

Greenside Cannabis, in partnership with Dank, Buffalo’s first licensed adult-use dispensary, and Empire Hemp Co., is hosting the WNY Cannabis Growers Showcase, a pop-up adult-use dispensary for licensed cultivators of high-quality cannabis products, which will run from 1 to 7 p.m. every Tuesday through Saturday through Dec. 30. 

Not only will it provide local shoppers with opportunity to purchase certified cannabis products, but the showcase opens the door for Empire Hemp to sell its THC products as well. Typically, the industry doesn’t allow for one company to be grower, processor and retailer, VanDusen said, and this will allow his company to sell his products through Dank as the retailer set up within Empire Hemp. 

He’s got three flavors of THC gummies and three flavors of vape cartridges, plus more being developed in the lab to be launched soon, he said. Other participating cultivators and processors include Greenside Cannabis, Tarot Tokes, Flwr City, and House of Sacci, vendors “all the way from Jamestown to Niagara Falls to Rochester and everywhere in between,” he said, with a range of flower, edibles and vape products.

All participants are licensed by the state Office of Cannabis Management and are therefore authorized to sell directly to consumers. Would he have liked a larger window of more hours and days? Yes, of course, VanDusen said, but the OCM worked this out and adjusted the schedule to make it six hours a day for five days a week, “and we said, ‘no problem, that works,’” he said.

“But to be able to sell, so what it's gonna be is, we're partnered with Dank as the dispensary (from Buffalo), and they have set up their cash registers within our store. So they’re like a dispensary within our CBD store,” he said. “I think what it's going to be is, right now, they're looking at is like after January 1, there won't be any more, but if they don't get enough dispensaries opened by that time, I think they will extend it because it's the only way small brands can survive.”

Dank has been operating at 501 Main St., Buffalo, for six weeks and has been doing “excellent, way better than we thought we’d do,” owner Aaron Vancamp said. Not that he didn’t see the big influx at the start, but then expected traffic to ease up a bit after that, Vancamp said, and that’s not what’s happened.

“But it's actually increased and been increasing a little after that. So it's been really good,” he said. “We've become more efficient, though. So like, we're getting the customers, we still have the line. But then it's just like the rest, learning the payment processing and things like that to just get the customers out quicker.”

So they’ll be bringing those lessons to Batavia for some brisk sales in what VanDusen said will be a two-part process of checking IDs at one station and then cashing people out at the second one. Overall, Vancamp believes this showcase might just be a lifesaver for those in the cannabis business.

“It could be something that possibly saves the industry. It’s in dire straits, with the amount of stores that are open and the fresh crop coming in, people really need outlets to take care of that fresh crop if we could get a lot of these open and places like Batavia, where there’s like a good solid population, and Batavia’s been very welcoming of us, it wasn’t really tough, they were very glad to have us, and double the amount of revenue that we’re going to generate for them,” he said. “So basically, we think this could be something that saves you on the street for the time being until they can get more stores open and get things organized on the retail side.”

What are the benefits of these pop-ups? Convenience, established hours and locations for point-of-sale, and a coded product that a consumer can check to get the breakdown of how many milligrams it contains of THC or CBD, he said. 

“That’s especially helpful in dealing with the vapes or the edibles because you can actually break down your dosage and figure out what exactly you need,” Vancamp said. “In the other market, you don’t know what you’re getting. Sometimes it could be better. Sometimes it could be worse. Sometimes it could be something horrible. They’re dealing with old products or something like that. And you’re just better off with a more safe route here.”

How can customers trust the product? It’s all been lab tested, and each product has a certificate of analysis (COA) to prove that every one of them has been tested and is safe to consume, VanDusen said.

Police are investigating what appears to be a case of gunshots fired on Oak Street at around 10:50 p.m. on Monday night.

Witnesses said they heard five or six shots but that whoever was involved fled the scene quickly.

At about 10:50 p.m., dispatchers asked a patrol officer to switch to LE Secure (the encrypted channel for police communications), and another officer responded that he had heard gunshots while he was still inside the police station. 

The dispatcher said the 9-1-1 Center had received multiple calls.

A short time later, an officer reported that he had a person in custody, but a police source said that information was incorrect.

There is currently no official source of information available, and a police source said it is too early in the investigation to release much information.

A source said there are no reported injuries at this time.

There are City PD and Sheriff's patrols on scene on Oak Street, between La Cross Avenue/Charles Street and Allen Street.  There are also patrols strategically placed elsewhere in the city, but we've been unable to confirm that a suspect or suspects are still at large.

There were no injuries, not to the residents, firefighters, nor to the family pets in a fire at 10 Prune St., Batavia, this evening, but there was significant damage to the residence, said City Fire Chief Josh Graham.

The garage, where the fire started, is a total loss.

"There is significant damage to the second story," Graham said. "It's pretty well a total loss, and there is a lot of water and smoke damage on the first floor."

Graham said City Fire received a call at about 6:22 p.m. of smoke coming from the garage.

"Crews saw smoke as soon as they pulled out of the fire station (on Evans Street)," Graham said. "When they got on scene, the garage was fully involved with an extension into the house. They declared a second alarm, and the Town of Batavia responded, Elba responded."

The residents were out of the house, and a dog and cat also escaped safely, Graham said.

The streets are narrow, and houses are close together in the Prune Street neighborhood. The Tully's parking lot was right behind the house. That made it tight quarters to maneuver trucks and fight the fire.

Unloading hoses quickly and getting them into place quickly was difficult.

"One thing I will say is there's a house down here with a 16-year-old that came out and saw us struggling to pull a hose down, and he grabbed ahold of that hose and helped pull the hose down," Graham said. "Moving all that hose, getting everything in place with everything else around in the house was the hardest part."

The cause of the fire remains under investigation.

A neighboring house sustained some heat damage.

Property tax records indicate the house is owned by James and Peggy Benedict. It was built in 1900 and remodeled in 1970. 

(Initial Report)

Photos by Steve Ognibene.

Photos below by Frank Capuano.

There has been some confusion about the East Pembroke Fire Department’s upcoming vote for a plan to help retain volunteers, and after attempting to confirm the related tax rate increase, it’s not difficult to understand why.

The vote is set for 6 to 9 p.m. Tuesday at the fire hall, 8655 Barrett Drive, Batavia.

Late Monday, officials said the confirmed rate per thousand of property tax increase is 44 cents.

District Chairman James Gayton said that the fire department was required to only post the resolution, which does not include information about the tax rate. It states details related to the service award program for volunteer firefighters and is recapped in full below. 

However, property owners have questioned — via online posts and by reaching out to The Batavian — how approval of this resolution will affect their property taxes. Apparently, one such citizen distributed a letter citing an inflated and incorrect tax rate increase, and information was mailed to residents encouraging folks to vote no -- with the appearance of being signed by Gayton, though he had nothing to do with the mailer.

There was a public information session about the resolution, but there was nothing online available from that session pertaining to the tax rate, attorney Bradley Pinsky said. The district wasn’t required to do so, and therefore only posted the resolution itself, he said. 

The Batavian attempted to obtain the tax rate increase and received conflicting information. Gayton explained that other factors go into the final tax numbers and therefore seemed reluctant to provide a final tax rate of cents per $1,000 assessed value increase. 

He referred The Batavian to the fire district’s attorney, Bradley Pinsky of Syracuse, whose calculations first came up with a 96-cent per $1,000 assessed value increase. So for a home assessed at $100,000, that would mean an increase of $96.25 a year for the first five years of this approved resolution. It is to decrease significantly after those first five years, Gayton said. 

Gayton also does not believe the increase will be that high, as he initially estimated it to be 80 cents and then came in with a 50-cent per $1,000 figure when pressed for a definite number this past weekend. 

“That number is based on 100 percent people (qualifying for retirement benefits), which won’t happen,” he said Monday. 

After further calculations later Monday evening, since Pinsky apparently didn't realize that all of the three district towns of Batavia, Alabama and Pembroke should have been included, he came up with a 44-cent "confirmed max" increase per $1,000 assessed value. That would mean an increase of $44 on a home assessed at $100,000.

This number was tabulated as of about 8 p.m. Monday, on the eve of the vote. The Batavian isn't sure why the information wasn't readily available since an information session had already happened, and district residents had been encouraged to ask questions for several days prior.

An online post related to the vote claimed that the information was fully provided in a legal notice. Below is the legal notice sent to The Batavian:

NOTICE IS HEREBY GIVEN that pursuant to a resolution of the Board of Fire Commissioners, a special election of the qualified voters of the East Pembroke Fire District in the towns of Pembroke, Batavia and Alabama, County of Genesee, State of New York, will be held on the 29th day of August, 2023 between the hours of 6 p.m. and 9 p.m., held at 8655 Barrett Drive, Batavia NY 14020 to vote on whether to approve the following resolution adopted by at least sixty percent of the Board of Fire Commissioners:

RESOLUTION FOR ADOPTION OF DEFINED BENEFIT, SERVICE AWARD PROGRAM

Whether to adopt a defined benefit service award plan within the East Pembroke Fire District for the volunteer firefighters of the fire company of the East Pembroke Fire District, being the East Pembroke Volunteer Fire Department, Inc., pursuant to General Municipal Law Sections 216 and 219, with an estimated annual cost of the program being $118,514.00 for the first five (5) years, with the annual cost thereafter being $27,706, and an estimated annual administration fee of $3,648 dollars ($3,000 plus $18/participant).

The annual amount of the contribution made on behalf of each participant credited with a year of fire service shall be twenty ($20.00) dollars per month of service for a maximum monthly entitlement benefit of four hundred ($400.00) dollars. 

Benefits shall be accruable, per year of active service limited to twenty (20) years. Participants will vest a non-forfeitable right to a service award after five (5) years of service. Each qualified participant shall receive credit for up to five (5) qualified years of active firefighting service prior to the establishment of the Service Award Program, known as a buyback service credit and the cost of this buy back shall be amortized over a five (5) year period, the cost stated above. 

The entitlement age shall be sixty-five (65). The program will be administered by the East Pembroke Fire District and will take effect on the first day of January, 2024.

All persons registered to vote in the district and residing in the district for at least thirty days prior to the day of the vote may vote in such special election.

This is the resolution and does not say anything about the actual tax rate impact to property owners. A previous story about the retirement benefits of this resolution ran in The Batavian earlier this month.

A garage fire is reported at on Prune Street at South Spruce, Batavia.

Flames could be seen coming from the structure.

City Fire is on scene.

Lawmakers in six of the 15 counties that benefit from revenues generated by Western Regional Off-Track Betting Corp. have passed resolutions to participate in a pending lawsuit to overturn changes to the structure and voting format of the public benefit company’s board of directors.

Legislative bodies in Niagara, Orleans, Wyoming, Livingston and Seneca counties have joined Genesee County in an effort to nullify bills passed by New York State -- during budget negotiations in May – that eliminated the board at that time and shifted voting to a weighted system.

Albany’s action transferred the voting power from the rural (predominately Republican counties to the urban (predominately Democratic municipalities of Erie and Monroe counties and the cities of Buffalo and Rochester.

Genesee County Attorney James Wujcik today said that he has been talking to lawyers representing the rural counties, confirming that six have signed on thus far. Others rural counties that may opt in are Cattaraugus, Cayuga, Chautauqua, Oswego, Wayne and Steuben. The status of Schuyler County is unknown at this point.

“So far, six counties have passed resolutions authorizing their county attorneys to enjoin litigation,” said Wujcik, who added that a draft of the lawsuit is forthcoming.

He also confirmed a report in the Niagara Gazette that Genesee, Niagara and Orleans counties have committed $5,000 each to retain the Lippes Mathias law firm of Buffalo. According to a story on Aug. 1, the newspaper reported that the firm’s lead attorney, Dennis Vacco, will be paid $400 per hour as the “coordinating attorney of all activities” while three others will be paid $375, $350 and $280 per hour.

Should 12 counties sign on to the lawsuit, each would be expected to pay the same amount in attorneys’ and related fees.

Genesee County Legislature Chair Rochelle Stein said that premise of the litigation is “to protect the counties’ Home Rule rights” – the one-county, one-vote format -- that have been in place since WROTB’s creation 50 years ago.

“Genesee County’s position is that we must protect our citizens who, by a referendum, voted to join Western Regional,” Stein said. “People trying to change the result of an election is an overreach, and we can’t let that occur in New York State.”

A portion of the resolution passed by the Genesee County Legislature in June refers to the Home Rule provision, noting that:

WHEREAS, the New York State Court of Appeals recognized in Matter of Moran v. La Guardia, 270 N.Y. 450, 452 that “To repeal or modify a statute requires a legislative act of equal dignity and import.” Nothing less than a Home Rule Message from a majority of the founding counties will suffice, i.e. “the doctrine of Legislative Equivalency”. The doctrine of legislative equivalency has uniformly been applied with respect to the modification and or amendment of prior legislation, and,

WHEREAS, none of the founding counties, especially Genesee County, the home County of WROTB, enacted Home Rule Messages requesting that N.Y. Rac. Pari-Mut. Wag. & Breeding Law § 502, be modified and/or amended, and never authorized a relinquishment of control of WROTB to Erie County, Monroe County, City of Buffalo, and City of Rochester, and WHEREAS, Batavia Downs is located in the Town and City of Batavia in a residential area and this is an important quality of life issue for the host County of Genesee to not be negatively impacted by any change to the Board of Directors make up.

Democratic State Sen. Tim Kennedy of Buffalo initiated action to dismantle the WROTB board and change the voting structure in light of a state Comptroller’s audit that found fault with the corporation’s use of tickets to sporting events (notably, Buffalo Bills and Buffalo Sabres) and concerts; “gold-plated” health insurance for directors, and for President/CEO Henry Wojtaszek’s use of a company vehicle.

Wojtaszek has said that the corporation has taken corrective measures since then, recently stating that management is working on new health insurance options for employees, but not board members.

Monroe County emergency dispatch received a call on a non-emergency number Monday afternoon reporting a murder-suicide at 3865 Countyline Road in Darien.

Genesee County Sheriff's Office and State Police responded, along with Mercy EMS, and found a farm field at that address. They checked three neighboring residents near that address and didn't find any issues. Patrols have cleared the scene. 

 "We checked residences out of an abundance of caution given that we had plotted the address to an empty field," Chief Deputy Joseph Graff said.

Graff said the call may have indicated that a person had shot his girlfriend and then killed himself and that a third person may have been involved.

According to Graff, the Orleans County Sheriff's Office checked a similar address in Orleans County and also found no incident.

Officials are calling this a swatting incident. 

Graff said prank calls such as this are a danger to law enforcement, other first responders, and the community.

"I think the danger is just evident," Graff said. "We have law enforcement resources responding in an emergency fashion to essentially check out a false report. Not only does that endanger the law enforcement individuals who are responding, but also the community at large."

Since these sorts of incidents have helped elsewhere in the county, law enforcement has learned, Graff said, to hold some resources back so there are still patrols available in other parts of the jurisdiction. 

Since the call didn't come in on an emergency line, there was no immediate caller ID information available, Graff said, but authorities will be working to identify the caller. Criminal charges are possible. 

"The caller could be charged with filing a false report or falsely reporting an incident; those are the first two that come to mind," Graff said.

Either can be charged as a felony or a misdemeanor. The severity of the charge would depend on the actual statements made by the caller, Graff said. 

Asked what motivates these types of calls, Graff said, "I wish I knew the answer to that. I don't know."

Press Release: 

"Tea and Spirits" at the Holland Land Office Museum(HLOM) was visited by Dean Richmond, Mary Richmond, and Eli Fish, famous residents of the Historic Batavia Cemetery. They entertained the crowd at a 200th-anniversary tea party on Sunday, August 20. Tales of their lives, accomplishments, and local, state, and national influence were told and enjoyed by all in attendance. 

One more "Tea and Spirits" with sweet treats and savory bites is scheduled for September 17 at 2 p.m. Famous Civil War General John Martindale, Fouierist and social reformer Albert Brisbane, and poet Reverend John Yates will be in attendance. Reservations are required, tickets may be obtained by calling the museum at 343-4727. Tickets are $20 for HLOM members and $25 for non-members. Hurry, space is limited!

More than 300 people turned out Sunday afternoon at Batavia Country Club for a free concert by the Ghost Riders, celebrating the group's 30 years of providing Genesee County with a hardcore country soundtrack.

Previously: For the love of the music: Ghost Riders still kickin' 30 years into their career

A two-car accident is reported at Oak Street and Park Road, Batavia.

No word on injuries.

City Fire and Mercy EMS responding.

UPDATE 3:21 p.m.: Vehicles are blocking.  "Traffic is backing up," the fire commander reports.  He says police will be needed for "traffic offenses" and tows are requested for two full-size pickup trucks.

Press Release:

The City of Batavia Fire Department will be flushing fire hydrants on Tuesday, August 29, and Wednesday, August 30 from approximately 9 a.m. - 3 p.m. in the general area of South of E. Main St. and West of Jackson St.  

Homes and businesses nearby will be affected.  These tests may result in a temporary discoloration of water in that area.  As in the past, please do not attempt to wash any clothing if your water appears discolored.  If you do experience a discoloration of your water, run cold water for about 5 minutes or until clear.

This annual testing is essential to maintain the communities' class III Insurance Services Office (ISO) public protection classification and to assure that fire hydrants are operating efficiently for fire protection purposes. 

Along with maintaining the fire rating, the test monitors the health of the city's water system, identifies weak areas in the system, and removes material that settles in the water lines. Checking each hydrant improves fire department personnel's knowledge of the hydrant locations.

If you have any questions or should notice a hydrant in need of repair, please contact the fire department at 585-345-6375.

When you look like Elvis -- to the point that people have a tendency to stop you in the street unless you wear a bit of a disguise -- and can sing like the King, there's a natural path to take in life, especially if you're already living in the entertainment capital of the world.

That's the situation former singing bartender and Niagara Falls native Rick Alviti found himself in more than 20 years ago when his career as an Elvis impersonator started in Hollywood.

That life path brings him and his show, "That's the Way It Was," to Batavia Downs at 7 p.m. Sept. 9.

"I like the people I meet," said Alviti when asked what he enjoys about his career. "I meet the nicest people. They're always so kind to me.  When I'm out in stores or restaurants, people come up to me because I have this Elvis resemblance, and sometimes I wear a hat when I'm out, but when they come up to me, I always give them a card and invite them to a show. That's what I do for a living. 

"Meeting people, especially the people who love Elvis, is the best part. They're excited to meet because they love Elvis.  I'm fortunate to have that connection, and to me, that's a good thing."

After attending North Tonawanda High School, Alviti moved to Hollywood to pursue an acting career.  He landed a job at Dimples, a bar across from the NBC Studio that was a favorite entertainment industry hangout.  His gimmick was signing while he poured drinks, and already a huge Elvis Presley fan, he sang a lot of Elvis songs.  But Alviti had a beard, so nobody yet noticed his resemblance to Tupolo's most famous son.

He landed an acting job and had to cut his hair and shave his beard.  That's when, he said, everyone started calling him "Elvis."

He decided to get an agent and began getting serious about studying Elvis Presley's moves, watching his movies, and learning his songs. He got some gigs in Las Vegas and then the Las Vegas Convention and Visitors Authority sponsored him on a national tour.

After his parents moved to Myrtle Beach, he visited them knowing, too, that J.D. Sumner and the Stamps (Sumner was long associated with Presley), had a long-term residency at a theater in Myrtle Beach. That led to meeting the theater owner, and after Sumner's death, Alviti got an offer to set up an Elvis tribute show at the theater. 

That was a residency with a 12-piece band that lasted for years.

Doing two shows a day really helped him refine his Elvis impersonation, he said.

His career has led to shows all over the U.S. and several in Las Vegas, including at the Winn, the Mirage, and the Gold Coast. 

That's where he met the Jordinairs (once backup singers to Elvis), he said. They became friends, and he performed with them.  He's also performed with the Stamps.

He also played a birthday party for a playmate at Hugh Hefner's Playboy Mansion, where he met  Hefner, whom he said was a nice guy. He was provided one of the mansion's many bathrooms (he guessed 27) as a changing room but kept getting interrupted by people wanting to use it for "one of two things," as he put it.

As for acting, being Elvis has opened doors there, too.  He played in a production of “Joseph and the Amazing Technicolor Dreamcoat” and was cast as Elvis in episodes of “ER” and “One Tree Hill.” He also played Elvis is a Rusty Wallace commercial for Miller Lite.

Alviti now splits time between Buffalo and South Carolina.  When he's in the northeast, he tours with a five-piece band of guys mostly based in and around New York City.  In South Carolina, he has another band, though when he's in the Nashville area, his band is led by the son of DJ Fontana (Presley's former drummer).

Tribute bands are a big deal now, but until Elvis impersonators, as they were called then, came along in the 1980s, musicians either played in cover bands or bands that played their own songs.

Impersonating some other act to the point of trying to sound exactly like that act and putting on their costumes was an industry waiting to be born.

"When I started out, there were maybe nine guys who did an Elvis tribute," Alviti said. "You had to look the part and sing the part and entertain the audience. Now there's probably 9,000 guys doing it."

He said it's probably for Elvis impersonators to get a start now, and a lot of guys doing it for "$200 and just to have fun. They just want to be Elvis for a bit.  What I do is a professional production." 

When he first started out, the Elvis Presley Estate was also much more concerned about Elvis impersonators, and he was contacted by representatives of Graceland.  He said he told them that he wasn't trying to convince people he was Elvis. He was performing as Rick Alviti.

"You're allowed to do a tribute to anybody. That's in law," Alviti said. 

When he was contacted, he said he told them, "I'm not saying I'm Elvis. I'm Rick Alviti. I happen to resemble him, but I'm not pretending to be Elvis."

He makes a point of calling his show "That's the Way It Was" without claiming to be Elvis Presley so he doesn't violate the estate's intellectual property rights. People who go to the show know they're seeing an Elvis tribute and not a substitute Elvis.

"Now. I think they've embraced tributes because it's helping keep the image alive," Alviti said.

He said his show is different from most Elvis tributes because it's interactive. He gets the audience involved.  He performs many of the songs it expects to hear, such as "Suspicious Minds" and "A Little Less Conversation," and his set can change on the fly.

"I try to gauge the audience," Alviti said. "If I'm doing too many ballads, I'll add in some faster things, stuff that gets everybody going.  I think I have a good sense of what the audience wants to hear."

While this show will be the "jumpsuit Elvis," he does do the "leather Elvis" at some of his appearances when the show includes an intermission.

"Elvis is great because there's four eras," Alviti said.  "There's the early Elvis, the movie-era Elvis, the leather-wearing comeback-era Elvis, and the Vegas years."

This will be Alviti's first appearance in Batavia.

"I invite everybody to come out and enjoy themselves," Alviti said. "We will have a wonderful time. That's what it's all about, making people happy and making sure everybody enjoys the music of Elvis."