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Proposed new Tractor Supply off Lewiston Road part of bigger development plans for the area

By Howard B. Owens

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The Town of Batavia Planning Board voted unanimously on Tuesday night to appoint itself the lead agency in the environmental review process for a new Tractor Supply location at 8727 Lewiston Road.

Tractor Supply is planning a 24,000-square-foot building to replace its current store at 4974 East Main Street Road.

Not only will the new location be larger, but Tractor Supply will also own the land and building.  The company leases the current location.

"The main effort is to expand into a larger space and be an all-inclusive store that competes more with The Home Depot, Lowes, and those types of stores," said attorney Ryan McCarthy.

Real Estate broker Tony Mancuso said previously that he has potential tenants already considering the former Tractor Supply location, so it may not go vacant long.

The current location is owned by 1515 Management Company Inc., which appears to be a company based in Iowa with principles living in Boca Raton, Fla.

Tractor Supply is acquiring 5.08 acres, a portion of a 50-acre farm field owned by the Call family and actively farmed by MY-T Acres.  The five acres will be divided into four parcels.

Tractor Supply will occupy a parcel 340 feet from Lewiston Road.  There will be another parcel between that parcel and Lewiston Road.  It's expected that the parcel, zoned commercial, will be developed at some point, as well as the other two parcels being acquired by Tractor Supply, but there are no firm plans for development at this point.

The new location will have 110 parking spaces, which is 10 fewer than required by ordinance, which means Tractor Supply will need to apply for and receive a zoning variance.

McCarthy said Tractor Supply, which operates nationwide, knows the flow of its business well, and the store will not need 110 spaces, which means less land to cover with asphalt.

Plans to convert the farm field into commercial development have been on the books for more than 20 years. As part of the project, Tractor Supply will start construction of a road -- initially a driveway into the new store -- that will eventually connect Lewiston Road to Veterans Memorial Drive on the north side of The Home Depot.

A planning board member asked if it will be necessary to install a traffic light at the new road and Lewiston Road, and Mancuso said, "not yet."  Not until a planned roadway is installed directly opposite the location that will connect Lewiston Road with West Main Street Road.  That vacant land, in the town's Comprehensive Master Plan, is designated for commercial development.

The proposed project will be back before the board in a month when the board will review the environmental impact report.

Law and Order: Jail inmate accused of violating order of protection five times

By Howard B. Owens

John Sumlin, III, 43, of West Main Street Road, Batavia, is charged with five counts of criminal contempt 1st. Sumlin is accused of violating an order of protection by contacting the protected party by telephone while being held in the Genesee County Jail.

Ronnie K. Johnson, 52, no permanent address, is charged with grand larceny 4th and burglary 3rd. Johnson was arrested on a warrant stemming from a criminal complaint reported at 7:15 a.m. Aug. 2 at a location on East Main Street. He was arraigned in City Court and ordered held in the Genesee County Jail. He is also charged with grand larceny 4th and conspiracy 5th, charges that stem from a criminal complaint filed on Aug. 19 at a location on East Main Street.

Nicholas J. Mruczek, 39, of Batavia, is charged with harassment 2nd. On Nov. 6 at 9:45 p.m., Mruczek allegedly physically harassed a woman during a dispute. He was issued an appearance ticket.

Benjamin A. Boyce, 41, of Batavia, is charged with dog running at large. Boyce is accused of allowing his dog to run at large at 8:35 p.m. Oct. 31 on Woodrow Road, Batavia. He was issued an appearance ticket.

William J. Galliford, 62, of Bergen, is charged with failure to appear.  Galliford was arrested on a warrant and arraigned in City Court and released on his own recognizance.

George J. Budzinack, 42, of Rochester, was arrested on a bench warrant after allegedly failing to appear in court as ordered. He was arraigned in City Court and released on his own recognizance.

Johnnie M. Waston, 39, of Dodge Street, Rochester, is charged with endangering the welfare of a child and harassment 2nd. Waston is arrested in connection with a disturbance reported at 7:04 a.m. on Oct. 21 on Shady Lane in the Town of Batavia.

Connor Jenkins Rombault, 25, of West Avenue, Brockport, is charged with DWI, moving from lane unsafely, and speed not reasonable nor prudent. Rombault was stopped at 10:09 p.m. on Nov. 11 on Lake Street Road, Le Roy by Deputy Mason Schultz. Rombault was processed at the Genesee County Jail and issued an appearance ticket.

City Centre by design: taking new approaches to an old structure

By Joanne Beck

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Four designs for entryways into Batavia City Centre were unveiled this week to mall merchants and City Council members.

The designs vary from one another at each of the four locations — including near the former Sunny’s, Hawley Insurance, and Le Beau Salon.  One design builds on the red brick exterior with doors and windows to let in the sunshine; another one leads into a glass vestibule and has a large hanging basket of flowers nearby; a third one features multiple hanging flower baskets with a sloping structure above it, resembling a slight roller coaster effect; and yet another entrance goes a bit wild with low maintenance greenery, and a bench.

Craig Jackson of Batavia Stagecoach Florist spoke on behalf of fellow merchants.

“They thought it looked pretty good,” he said. “The one near Sunny’s is a little fancier. It’s a fairly decent design of entryways to make the place look a little better.”

There was also some relief that there would be no more silo-style entrances, he said. Silos were originally built as separate areas from the mall, and they have collected a lot of water spots and damage over the years from a poorly designed roof.

"Basically, you're seeing a design still with a vestibule, but a very welcoming entrance into the space,” City Manager Rachael Tabelski said during City Council’s meeting this week. “Hunt Engineers has been working on this for the last six months.”

As soon as Hunt finalizes the design and related documents, the project will be put out for bid, she said.

“Ideally to begin by spring,” she said.

The city has $1 million of grant money set aside for the project.

"Right now, we believe that the entire million dollars will be dedicated just to redoing the silos at this point with construction costs. But we want to put in some other alternates in the project such as flooring and painting," she said. "The existing mall maintenance crew has been taking down ceiling tiles, and we're looking to see if we can repaint those ceilings similar to what we did here at City Hall. So just multiple different ways to spruce up City Centre." 

Aside from new ideas for mall facelifts, city officials have been trying out a mall market on select Saturdays. They are encouraged by the gradual increase of vendors and foot traffic. Jackson has noted an uptick of customers during these Saturday mornings, he said.

“I’ve gotten more traffic in the store because of it,” he said. “It has brought people in here on the weekends … about 10 to 15 more customers and they're buying things, that’s good for us.”

Current mall maintenance staff work on Saturdays, and are available to assist vendors with set-up, Tabelski said. There has been no overtime so far, and the whole market idea is “a beta test,” she said, which is an opportunity for real-time vendors and shoppers to use the market and test it out to uncover any issues before more fully launching it.

Vendors bring in their own tables and supplies, and the concourse can accommodate up to a 10-foot-high truck of goods to fit inside if necessary.

“We think it’s going well, we definitely want to see more activity with vendors and shoppers,” Tabelski said.

The next market is scheduled from 8 to 11:30 a.m. this Saturday, and nine vendors are registered to participate. Vendors include the core staples of Porter Farms, Tastefully Simple and Garner Farms, plus Dilcher’s Concessions, Gracefully Designed, Flint’s Maple, and Wright’s Homestead.

The market is also scheduled for Nov. 26, Dec. 10, and Dec. 17.

For those people that have criticized the city for putting any more money into City Centre, Tabelski said it makes no sense to do otherwise.

“We have a very large space in our downtown, whether we agree with how and why it got here. There is no value for doing nothing,” she said. “The merchants deserve a whole lot of respect from the community. They are offended when people say ‘just tear it down.’ We need to be creative with small programming.”

Those merchants — property owners within City Centre — have invested their lives and livelihoods into that space, she said, and the city needs to invest as well. Second-floor apartments are “a complete option” as a way to repurpose the mall building, and potentially “get the property back into private hands,” she said.

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Renderings of City Centre entrance designs courtesy of City of Batavia.

Graffiti at City Hall case has been turned over to DA for potential charges

By Joanne Beck

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A case involving chalk drawings on the exterior of City Hall has been referred to the Genesee Coumty District Attorney’s Office, Police Chief Shawn Heubusch says.

Stemming from an Aug. 8 graffiti spree in which the brick columns, doors and sidewalks were marked with about a dozen crude pictures, city police have investigated the matter, Heubusch said, and are now waiting to hear if “any criminal charges are applicable,” he said in response to The Batavian’s request for an update.

The drawings, thought at the time to be “anti-ReAwaken Tour” depictions that rejected hate and fascism, were discovered after a City Council meeting that ended around 8:45 p.m.

City Manager Rachael Tabelski and Public Works Director Brett Frank, along with city police officers, then inspected the building’s exterior to find out how much graffiti was done.

Police had also checked the surveillance cameras, and “videos have been accessed and watched,” Tabelski said.

“It’s still a continuing, ongoing investigation,” she said Tuesday. “I am hopeful it will lead to an individual, or individuals, being held responsible for defacing public property.”

At the time, police said the person responsible will face a charge of criminal tampering, a class B misdemeanor. The City of Batavia was going to keep track of the cost of the cleanup and submit an amount to the police for the case.

File Photo of graffiti drawn in August at City Hall by Alecia Kaus.

WROTB preliminary 2023 operating plan shows a 15.9 percent increase in distributions to municipalities

By Mike Pettinella

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If all goes as projected, Western Regional Off-Track Betting Corp.-member municipalities will receive about 16 percent more in distributions in 2023.

That was one of the key points shared by WROTB Chief Financial Officer Jacquelyne Leach this morning at a 2023 operating plan workshop for the public benefit company’s board of directors at Batavia Downs Gaming on Park Road.

Leach (photo at right) said that preliminary numbers indicate that, overall, net revenue available to the 17 municipalities, which include Genesee County, will increase by about $800,000 to $5.8 million – a 15.9 percent jump. Those figures are based on net revenue before post-employment benefits.

She also predicted that the amount of money handled at the corporation’s nine branches will go up by $850,000 to $47.4 million while Batavia Downs’ net win will increase by $3 million to $77.5 million, and intertrack wagering and live racing handle will be remain unchanged.

Moreover, Leach said that Batavia Downs’ net gain from operations will increase by about $375,000 to $6.6 million – with net losses from operation decreasing by about $409,000 to $1.4 million and branch retained surcharge revenue increasing by about $16,000 to $619,000.

The surcharge consists of a 5 percent tax that the corporation collects from pari-mutuel (horse racing) winning tickets and, in timely fashion, distributes to its member municipalities and other counties in New York State that have a race track.

Leach emphasized that the operating plan has not been finalized and the numbers could change prior to a vote by the board at its Dec. 1 meeting.

“This is still a work in progress,” she said. “The board, ultimately, will either vote to approve or disapprove the recommendations of management that really will come to fruition in the final plan that will be sent out in summary form to members next week."

Nine of the 17 board members attended today’s workshop, including a new member, Vincent Horrigan, who has been appointed to represent Chautauqua County. Richard Siebert, Genesee County’s director, was not at the non-mandatory meeting.

The plan, which projects the goals of the corporation’s components in monetary terms, is “a collective effort between officers, department heads and staff,” Leach said, adding that the packet features historical data from 2021 and 2022 and anticipated 2023 numbers.

WROTB’s major segments are gaming, of course; live racing and intertrack wagering, food and beverage, and The Hotel at Batavia Downs.

“Keep in mind those two major revenue sources, which are the pari-mutuel wagering and the video gaming activity, are based on our patrons,” she said. “That’s why we say this is a fluid, working document. It is a guideline for the corporation in which to maneuver in the next year.”

She said part of management’s responsibility is to “react” to situations and trends, such as snowstorms that keep customers away from the branches and Park Road, inflation, rising product costs or public health concerns such as COVID-19 – “and I hope we don’t have to deal with that again,” she noted.

“We have adjusted some of our expenses upward … such as the utilities or any of our cost of goods, our food costs,” Leach said. “And, conversely, forecast what are our increases in our … product to end user, the patrons, the customers. So, there's a lot that goes in to putting this plan together. Not only the historical trends and current trends, but where we are going as well. And where do we want to be? And how do we achieve … our net win goals for the next year.”

BRANCH OPERATIONS

Leach said the nine OTB parlors employ 31 people (about 10 percent of the total WROTB employee count) and are projected to generate about $760,000 in surcharge in 2023. This segment, however, has not been profitable in recent years – and the 2023 operating plan indicates a net loss of about $1.2 million.

When asked by Director Dennis Bassett (City of Rochester) if it might be beneficial to eliminate the branch operation, Leach and Chief Executive Officer Henry Wojtaszek said management has downsized that part of the corporation in recent years.

During the OTB parlor heyday, the corporation operated more than 30 branches.

Branch wagering did increase during the six months that Batavia Downs Gaming was closed due to COVID, Leach pointed out.

“That’s when the OTBs and Batavia Bets (online wagering) became invaluable to the corporation,” she said. “Batavia Bets stayed open and then our OTBs opened up at the end of May (2020) and beginning of June. So, at least we had money coming in the door.”

She also spoke of the importance of the EZ Bet locations (in restaurants and bars), which feature TVs, simulcast equipment and terminals for wagering without the overhead of paying staff members.

BATAVIA DOWNS GAMING

Leach said that credits played into the VLTs and credits won make up the “net win” – which is projected to increase from $74.5 million to $77.5 million in 2023.

“So, our total gross operating income increased just about $2.7 million (per the preliminary plan),” she said, adding that a revision is coming due to a decision to reduce the number of summer concerts from 10 to eight in 2023, and upon receipt of the hotel operating plan.

WROTB pays 49 percent of the net win to the state Division of Lottery, and that is expected to increase by $1.5 million, Leach said. Operating expenses also are going up, with the biggest increases to the horse racing purses, breeders’ fund and to the Western New York Harness Horsemen’s Association.

All told, net gain from Batavia Downs Gaming operations is projected to increase by about $374,000, she said.

GENERAL & ADMINISTRATIVE

Leach said that in 2023, management (per information received from department heads) will be assigning 65 percent of the $6.7 million General & Administrative expense to the Batavia Downs Gaming side of the operation and 35 percent of that amount to the off-track betting (racing, intertrack wagering, branches) side of the operation.

This is up from a 51/39 percent split in 2021 and 2022.

“And it makes sense because in the past two years we have closed eight brick-and-mortar facilities,” Leach said. “This procedure and how the corporation allocates those funds have been approved by Western’s outside audit firm. It’s sound reasoning the way it's done.”

HOTEL AT BATAVIA DOWNS

Leach said she just received a report from The Hotel at Batavia Downs, which is operated by an outside company.

“Those numbers will be incorporated into the final plan,” she said. “It was an addition of 92 rooms, which increased the bottom line by about $12,000.”

Stafford Town Board refuses to release copies of preliminary budget prior to public hearing

By Howard B. Owens

At Stafford's Town Board meeting on Monday night, members of the public who said they would like copies of the town budget were told they couldn't obtain copies until after the budget was approved by the board.

One member of the public, Cathy Worthington, said she tried to obtain a copy but was told she could only read the copy on file with the Town Clerk's office. She couldn't have a copy to take with her.

This appears to be contrary to New York's Town Law and New York's Freedom of Information Law.

The town's attorney, Mark Boylan, agrees.

"In general, documents retained by the town are public documents subject to FOIL unless they contain personal information," Boylan said.

He didn't want to comment further based on the discussion at Monday's meeting because he wasn't there, and it appears he was not consulted prior to the meeting.

Town Supervisor Robert Clement told meeting attendees that the board was following the law, an assertion supported by board member Ron Panek.

Worthington asked at the start of the public hearing, "Why couldn't we get a copy of that budget to look over leisurely? I had to come in and just sit and go through it. Why couldn't I have gotten a copy of that?"

Clement said, "The rules and regulations, I guess, didn't permit it."

Worthington: "I guess what rules and regulations? Because all the other towns give them out. Some even posted on their websites for people to look at. Could I get a copy now to look over?"

Panek: "When it's approved."

Worthington then pressed on with her questions about the budget.

Several minutes later, another citizen in attendance said, "there's no law that says you can't hand them (copies of the budget) out."

Panek then cited Section 108 of Town Law, saying, "'a copy of the preliminary budget is available at the office of the town clerk and may be inspected by any interested person during office hours,' so that's what we're doing."

That is what Section 108 says.

But Section 106 says, "The preliminary budget shall be filed in the office of the town clerk and the town clerk shall reproduce for public distribution as many copies as the town board may direct."

The town board, in accordance with the law, based on Worthington's experience in trying to obtain a copy of the budget, did not direct the town clerk to reproduce any copies of the preliminary budget for public distribution.

Also, the state's public record law, the Freedom of Information Law, makes all government documents public record, with members of the public guaranteed a right to obtain copies of those documents, except for a handful of narrowly defined exceptions.  A preliminary budget does not fall under any of those exceptions, and based on Town Law, the preliminary budget is expressly a public document.

The Batavian twice contacted the Town Clerk's Office on Tuesday to request a copy of the budget, which was approved by the Town Board on Monday, and did not get a response.

Worthington has multiple questions of the board during the public hearing -- noting she would have perhaps had fewer questions if she had been able to study the budget at home -- about various expenditures.

When asked what the new tax levy would be and what the tax rate would be, Clement said he didn't have those precise numbers. 

Panek said, "I recall some of the estimates Heidi came up with were over $1-- $1.12, $1.20 -- something like that."

The current tax rate, Worthington noted, is 89 cents per $1,000 assessed value.

During the board's regular meeting Monday evening, it unanimously approved the budget resolution.

The Batavian can't provide more information on The Budget since we weren't able to obtain a copy.

CORRECTION: The name of the board member who spoke at the meeting has been corrected.  The Batavian regrets the error.

No to brew pub but yes to restaurant at Harvester Center, plans are also in the works for a commercial kitchen

By Joanne Beck

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As property manager, Jarrod Clark has really taken the Harvester Center under his wing.

After all, he discovered that his family four generations ago once owned and sold the property to Johnson Harvester, and how rich it has been with successful incubator business start-ups and well-known products, including Massey Harris farm equipment and Melton shirts.

“It’s kind of gone full circle for me,” Clark said after Tuesday’s Planning & Development Committee meeting. “It bleeds history.”

Fairly soon, it might just be brewing beer — as in locally produced brews in a tasting room and an adjacent small restaurant. He was representing Bill and Michelle Snyder, owners of Windy Brew in Strykersville, who want to open a similar site at 56 Harvester Center.

“It’s not going to be a huge facility,” he said. “It probably would seat 20 to 25 at the bar, and another 10 to 15 at tables, and everybody is drinking their beer and eating their pizza and pretzels.”

Originally proposed as a brew pub, the owners had applied for a special use permit. However, they quickly changed course after the committee informed Clark that a pub wasn’t allowed in that zone, but that a restaurant was allowable, and beer could be served there.

Windy Brew produces beer that will be available, along with other New York State brews and possibly wine, at the Batavia location, Clark said. Someone who he won’t identify just yet has also expressed interest in opening a commercial kitchen adjacent to the Snyder’s property.

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“There would be room for multiple different users. So there'll be some lockers and stuff in there. There might be some seating as well. The idea is, we're really lacking a bakery in Batavia. So we're trying to find somebody that would be willing to operate a bakery out of there,” he said. “Primarily, we have a big Italian heritage here, where are you going to buy fresh Italian bread? So you're getting it shipped in from Rochester and dropped off at Southside Deli. So that would be a huge benefit … and cookies, pastries, things like that.”

“I think it’s going to be great for our building,” he said. “We both (the anonymous tenant) want to see it succeed. My goal is to get like-minded people there.”

One of the Center’s best-kept secrets is that it houses 75 business tenants that manufacture and/or sell products and services. The Snyders were “ecstatic that they don’t need a special use permit,” he said, and are shifting plans immediately. He and his other future tenant should be disclosing their plans in the next few weeks.

“For the last eight to 12 months, we’ve been looking for people in an operation or looking to do this,” he said. “There is a need for this. It’s the community driving what’s needed; many people are wanting to open a kitchen.”

Food trucks would be able to use the communal kitchen for food prep before loading up and going on the road to sell items, he said, and there are those types of mobile businesses that would benefit from such as operation.

After all, it’s costly to operate a bakery — early morning work hours, utilities, inventory, finding good recipes and people experienced in baking, plus maintenance of bathrooms. It would hinge on a kitchen set-up, he said.

“So when you have some networking and some people that you're working with, and you have other people coming in that may be visiting some of the other kitchens, you have an outlet of selling your product,” he said. “It’s not all on you. You're not the only one paying the gas bill, you're not the only one paying the electric bill. So the idea would be to get some sort of a house tenant that's a bakery and then possibly add three or four food trucks in there. And there should be enough room where there could be maybe a small Mexican takeout only or an Italian restaurant.”

Admittedly, the building — quite large with many compartments and business ventures, and a bit difficult to navigate  — can be a confusing concept for folks, Clark said.

“So it's not unlike this building to do new and different stuff that nobody's seen or heard of before,” he said, referring to the latest building applicants. “They kind of really fit us well. And we're willing to work with people that kind of look outside of the box.”

File Photo of Harvester Center on the east side of Batavia, and photo of Jarrod Clark from an online site.

Fair warning: most farm animals will be illegal in city limits

By Joanne Beck

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City residents who own the breeds of farm animals listed on the newly adopted ordinance are being given a six-month grace period to find new homes for them, City Manager Rachael Tabelski says.

City Council approved a revised local law Monday evening that prohibits any city resident from owning, possessing or harboring the following farm animals:

  • Cloven-hoofed
  • Cattle
  • Horses
  • Sheep
  • Goats
  • Pigs
  • Swine
  • Llamas
  • Alpacas
  • Ducks
  • Turkeys
  • Geese
  • Ponies
  • Donkeys, Mules

Exceptions include being allowed to have a maximum of six chickens, as long as they are penned and maintained appropriately, with no accumulated feces, odors or related mess; special events with prior approval of an event application; and animals in transit to or from a veterinary facility or other destination out of city bounds.

“This ordinance shall take effect immediately after the date of passage and in accordance with law,” it states. “Residents with existing animals that are now regulated will have a six-month grace period before enforcement action will be taken.”

Since the city doesn’t have enough staff to physically check out every residence in the city, this ordinance will be enforced based on complaints about alleged offenders.

The resolution initially included feral cats on the list. However, a public hearing about the law brought out about 15 people to speak about that inclusion. Council members agreed to table a prior vote to further discuss the cat situation. The group later removed feral cats from the list.

 “So yes, it does not restrict feral cats in any way,” Tabelski said Tuesday. “The folks who came in to discuss feral cats were extremely informative. And I was glad to hear that they're still out there working in our community, and have plans to address any type of cat colonies and cat communities.”

During the meeting, advocate Todd Vaarwerk spoke on behalf of Independent Living of the Genesee Region and those with service animals. He noted that the resolution had not changed other than excluding cats, and was concerned that ADA rights were going to be violated.

“I implore you one last time to fix this error,” he said.

Anyone with a certified service animal who is protected by federal Americans with Disabilities Act stipulations will not be affected by the local law, City Attorney George Van Nest said during the meeting.

If someone complains about a neighbor, and that person has a documented service animal, the city’s code enforcement staff will verify it before issuing any penalty.

“We will be relying on any type of complaints to look and see if there is a violation and go from there,” Tabelski said. “There's other federal laws that supersede our ordinance, such as the ability of residents to have support animals, and we'll certainly understand and take that into consideration upon responding to any type of complaints.”

To read the resolution, go HERE.

Photo submitted of goats in the city that were part of a neighborhood's complaints to City Councilman John Canale, who brought the issue to council earlier this year.

Batavia City Schools board approves $89K of additional construction costs

By Joanne Beck

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Files photo of 245 Liberty St., Batavia being demolished in July 

City school board members approved more than $89,000 in change orders this week for work being done at Jackson Primary and Batavia High schools.

The nine change orders — additional expenses usually for “unforeseen” work discovered during the job-in-progress — ranged from $1,369 to $24,443. With no questions or discussion, the board approved the financial revisions during its regular meeting Monday at the high school.

Work includes:

  • Having to disconnect and remove an unforeseen utility service at Jackson Primary for $7,209.
  • Development, labor and materials associated with installing a fence, posts, and to extend sidewalks to accommodate setting the fence posts within a walkway at Jackson Primary, $9,592.
  • Installing curb work along Liberty Street and Blakely Place at Jackson Primary, $4,112.
  • Removing the unforeseen underground storage tank during excavation at Jackson Primary, $3,311.
  • Having to lower the ceiling grid system in room 167 as well as construct a bulkhead and lower 40 square feet of ceiling to accommodate lighting at BHS, $1,369.
  • Installing insulation to the exposed water lines at BHS, $1,392.
  • Installing plyron flooring (impact resistant, hardboard-faced plywood) in lieu of plywood sub-flooring at stage sacrificial floor at BHS, $18,394.
  • Labor and materials for plumbing and heating company to replace the incoming gas line at the loading dock at BHS, $19,266.
  • Labor and materials to replace an underground gas line feeder from the loading dock to the gas meter at BHS, $24,443.

A capital project stemming from 2020 at Jackson Primary includest the expansion of outdoor amenities at the southside school.  It has included demolition of a building at 245 Liberty St., Batavia, which was donated to the city school district in December 2017. Taking down the former Country Pride Bakery Mart is part of a plan to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School. 

Work at the high school includes an emergency replacement of two water boilers.

Family seeks missing poodle in Pavilion

By Joanne Beck

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Catrina Colvin and her family are hoping that their apricot-colored mini toy poodle has been spotted -- and perhaps rescued from the cold -- since he went missing at the corner of York and South streets around 7 p.m. Sunday in Pavilion.

Thomas Jefferson was in his yard for a few minutes, and when Catrina's mom opened the door for him to come back inside, the 7-pound fluffly pooch was gone. 

"We're hoping and praying someone saw him walking down by the corner and picked him up to get him some warmth," Catrina said Monday. "After four hours of searching, he's still nowhere to be found. My kids are absolutely devastated and we're not doing so well ourselves."

At 14 years old and mostly blind, the family thinks that perhaps he became confused with the falling snow. He never stays out longer than a minute or two because he gets cold quickly, Catrina said.

"He's always been my baby boy and I can't imagine life without him," she said. 

Her family has checked with the local animal shelters with no luck. Anyone with information or sightings is asked to please call her at 585-315-3971. 

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Photos are submitted of Catrina, top, her daughter Alli, and brother Roy with Thomas Jefferson.

Aggies win 35-7 over Alexander to capture Section V Class D title

By Howard B. Owens

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Neither team expected the outcome they got Saturday in the sectional title game for Class D in Brockport, a lopsided win for Oakfield-Alabama/Elba over Alexander 35-7.

"I don't think we were (expecting a lopsided win) either," said OAE Head Coach Tyler Winter. "You know, both teams being undefeated, both teams dominating each game that they've played up to this point. We weren't sure what to expect. The only thing that we knew going into (the game) is that one of us was going to get punched in the mouth early, and both teams were going to be uncomfortable."

The Aggies scored first and that seemed to set the tone of the game.

Trojans' Head Coach gave a frank assessment of his team's performance.

"We just kind of got behind early and never could dig out from it," Sawyer said. "Too many mistakes. We had a couple of bad snaps, and Oakfield-Alabama/Elba was opportunistic on penalties. We just couldn't keep our offense on the field. Defensively we need to tackle better if you're gonna tackle these Oakfield Alabama/Elba boys. So, just not a good day for us today."

Senior running back Noah Currier was the game's MVP.  He rushed 22 times for 156 yards and three touchdowns.  

Bodie Hyde also made all-team. He had 23 carries for 104 yards and a touchdown. 

Adding to the scoring was Connor Scott, who dashed into the endzone to close out OAEs scoring in the fourth quarter on an 11-yard run.

On defense, Hyde had eight tackles, a sack, and a forced fumble. Brayden Smith had nine tackles and a sack. T.J. Andrews had nine tackles. Kyle Porter had four tackles, a fumble recovery, and an interception.  Aiden Warner had eight tackles.

The Aggies held Alexander to 105 yards rushing and 14 yards passing.

For the Trojans, Tyler Marino led the team in rushing with 15 carries for 67 yards and a TD. 

OAE Held Alexander to 105 yards rushing and only 14 yards passing.  

Tyler Marino led the Trojans in rushing with 15 carries - 67 yards and 1 TD.  Woods was 2-7 passing for 14 yards and 1 int.

Defensively Kaden Lyons and Mason Bump led the Trojans with eight tackles each.

Coming out of half-time, Winter said he and his coaches felt they had set the pace in the first half and, with some adjustments, take over the game over the final two quarters.

"We thought in the second half, we could play with tempo a little bit, that we could just really put the exclamation point on this game and run away with it," 

The Aggies were up 14-0 at the half and scored three more touchdowns in the third and fourth quarters.

Currier wasn't surprised by the win.

"We knew coming into this game against Alexander, they're a tough team," Currier said. "They're physical. They're fast. But we knew we were better. We just had to come out and execute, do everything perfect. And we did. I think we did."

He thinks his team has something special that helped it deliver a big blow to the Trojans.

"We're bringing the heat every day in practice, every time we're in the game," Currier said. "I'll tell you why. We just have the energy. I mean everyone, not only me, but all 11 on each side of the ball, bring the energy. I think that's what makes us who we are."

Hyde said he was also confident coming into the game, especially coming off of last year's title win.

"You go back to back to the amount of success we had last year, we know what it takes to get back here and have success," Hyde said. "We put in a ton of work over the offseason with whether that's in the weight room, whether that's seven on sevens or 11 on 11 scrimmages in the middle of June at Batavia. We were working all offseason and we knew the work we put in would make us able to get back to this spot and become successful again."

Smith also pointed to weight room work as a key to the team's success.

"We were lifting all summer," Smith said. "My D line, they're strong, they're big, they're fast. They make a new line of scrimmage for us. We can free flow to the ball and we can meet them in the hall and we can take them back and get some TFLs (tackles for losses)."

Winter said all that off-season preparation pays off in the postseason.

"Once November rolls around, we know that that we're going to play our style and our type of game and finish the opponent," Winter said.

Next up for OAE is last year's far-west opponent, Randolf. Hyde, for one, thinks his team is ready.

"I think we can go a long way. I know, obviously, this is really good right now," Hyde said. "We're gonna celebrate this for the next few days, but Monday, it's back to work. We play a really good Randolph team that we know pretty well. We played them last year. They know us, so it's gonna be huge to get back to work and stay locked in to see how far we really can go with this team."

As odd as it might sound, Alexander's season is not over.  There are eleven sections in New York High School Athletics, so to ensure there are 12 teams available for the final brackets, the second-place teams from one section get to play a state tournament quarter-final.  This year, it is Section V's turn to send second-place teams to the quarter-finals. Alexander will represent Section V Class D in Albany next week.

That puts Coach Sawyer in a challenging position -- getting his team ready for another big game after a big defeat in a sectional title game.

"I hope this bothers our kids, it should you know, but on Monday, Monday is the start of a new week and we need to come back and fix a few things and move forward," Sawyer said. "We could sit here and be upset about this loss and waste the next opportunity, which is right here in front of us. I mean, we've got a game in six days and, yes, it's our first loss of the season so these guys haven't had this taste, you know what I mean? And but we'll come back strong and put a game plan together and go try to win out east."

Winter said going into the game, he knew could be in Sawyer's position so he has some advice for the Alexander squad.

"It's funny you say that because that's a perspective that we had to take a look at -- how does a coach pick their team up off the ground after a loss in the sectional files and say, 'Hey, we got to play,'" Winters said. "If their teams is built anything similar to our team, we love each other. We have a lot of fun. So although today might be really tough, and probably tomorrow as well, by the time Monday rolls around, let's say we're at least fortunate that we get to play another game. And if so, maybe they can even use us in the future as a potential motivator. I mean, they might see us again, and I'm sure that they want a different storyline to go with that."

Top four photos by Kristin Smith.  Top photo, game MVP Noah Currier.

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Brodie Hyde.

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Photos below by Philip Casper.

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Tyler Marino scores Alexander's lone touchdown in the fourth quarter.

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Alexander's all-team winner, Connor Thompson.

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Trent Wood.

Batavia native recalls his early years when a teacher guided his path

By Joanne Beck

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Artist and Batavia native Anthony Terrell was amongst friends and family during a showing of his paintings Thursday at Haxton Memorial Library.

Not just any paintings, this collection of six pastel-hued works was in memory of his sister Onnalee Berrios. “Amethyst Clouds Over Oakfield” was an appropriate title for each piece washed in shades of purples, pinks and blues.

The evening was about remembering Onnie, as he called her, and reconnecting family members, fellow artists, friends, and the Blue Devils' “60s Girls,” made up of 1960 Batavia High School graduates, which included Terrell’s sister Veronica.

Living in New York City, Terrell gets asked why he likes to come here to visit. Because people "people treat me nice," he said.

He would have been remiss not to make special note of one of those people who made an impact on his career, he said. His former high school art teacher Mary Tyler certainly deserves credit for her kind critiques.

Early on, she looked at Terrell's artwork and told him that he had a gift to pursue.

“It wasn’t good,” he said. “But she told me that, and I thought I was Picasso.

“And I gotta tell you, she was absolutely instrumental to where I am now. You know the work when you're that young, and you're trying to be an artist, you're generally copying Picasso, Modigliani, Monet, all the famous artists, you're trying to capture what they've done,” he said. “I wasn't capturing it, but she kept encouraging me, because, she said, ‘I think you have talent. I think you should stick to it.’ And those are the days that I was using old cans of house paint, and Red Devil paints that we used to paint our bicycles with, anything that we could get our hands on. And every time I give a talk about my artwork, I thank her because it was because of her.”

Tyler's influence still runs strongly through him, now as an accomplished NYC artist with Sphinx Works. As life goes, he discovered the "it's a small world" element in Batavia, by meeting someone who lives in Tyler's former home, and taking a tour while reminiscing about his late teacher. Her backyard was filled with all sorts of botanicals in gardens that seemed fitting for an art lover. She mentored him through encouraging words, he said. 

"Yeah, she took a liking to me. There were only three black students in the school. Me, my sister and Rick Thomas, who still lives in Batavia," Terrell said. " At the time, the Beatles just got started making it big in '63, and then the Rolling Stones and the Kinks ... Nixon had come in at '68, right after I graduated, but Kennedy really made a big difference. So the economy started getting a boost, because there's always a sense of promise, you know, from when Kennedy made his speech to Martin Luther King was coming, and so forth."

Being in only one of three African American families wasn't always easy, he said. At one point, his parents wanted to buy a particular home in the city, but Batavia was "very conservative, and it was not pro-African Americans at all," he said. 

"The neighbors, our neighbors, put up a petition saying that 'tell the owner that the neighborhood did not want blacks living in their neighborhood,' even though we were well respected. And we were forced to get a house when we looked and looked and looked, and looked again," he said. "But when they see your color, even Batavia ... we ended up getting 14 Lehigh Avenue, which is a house that nobody wanted because it was next to the railroad tracks."

He attended Jackson Elementary at that time, and then, when in the former Junior-Senior High School on Ross Street, he wasn't considered one of the smart kids. He didn't like science and math, but teachers wanted kids to pass, so they would offer different levels of studies, Terrell said. He enrolled in shop class. and it was there that he met Mary Tyler.

"I didn't really know her, but I liked being around the easels. And it wasn't math and it wasn't science, which I never was good at in high school," he said. "I just literally fell in love with Mary Tyler. She encouraged me, so I haven't forgotten my roots."

Sounds just like his sister Onnie. His late sister was supportive, understanding, and a guiding force to help a young boy navigate through small-town ways and limited rural opportunities.

“I loved coming over to her house. And the pictures which I’m going to talk about, are a reflection of that,” he said to the group of about 25 attendees. “If you could connect with a person that would kind of keep you straight on the path, as she did, it was very beneficial to me.”

Not long after graduating from BHS in 1967, Terrell went to live in California for a few months before returning to work at Doehler-Jarvis in Batavia. In April 1969, while many of his classmates had gone on to college, which Terrell’s family couldn’t afford, he was drafted into military service. It was during the Vietnam era, and he still remembers reporting for duty on the second floor of the former Mancuso’s Theater on Main Street.

He and his fellow recruits were processed, put on a bus, issued ID “dog” tags and then sent by plane to Fort Dix, NJ. He served in the Army until May 1971, and returned to a job saved for him by Doehler. "I got a promotion," he said, going from melting down assorted metals — a hard, sweaty job — to making casts for Briggs Stratton lawnmowers and General Motors car parts. Business was booming at the time, he said, thanks to a special steering column part called a saginaw, which Doehler made for GM.

Still, it wasn't really a fulfilling job, so he eventually decided -- with some insistence from his mom -- to get out of town. He packed up for NYC in January 1972. His brother Francis was attending law school there.

"It was a very cold morning, very cold," he said. "My mother had called my brother and told him to 'get your brother a job.'"

Terrell learned his way around, taking his first subway and having “no idea where I was going.”

“I was really naive," he said. "It was really frightening for me."

He did get a job by the end of his first week and stuck it out for a year before quitting and getting another job for a dry cleaning service. He also met his wife at that first place that dealt with stocks and bonds. Gwendolyn worked in the legal department, and it must have been meant to be: they have now been married for 50 years.

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She was one of the people he thanked during the reception, attributing her patience and support for his longtime success as a full-time artist. 

He ran through his thank-yous, which included his mother, who brought him into the world, and Oakfield resident and former art teacher Terry Kolb, who helped to organize the reception. Terrell then reviewed each piece of his collection in memory of Onnie, who died in 2003 at age 64.

He recalled how they would sit in rocking chairs with their feet up on the porch railing, going back and forth while enjoying the time together. Each scene and related memory depicted a strong brother-sister bond.

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Terrell described how some unknown inspiration prompted him to put masking tape over his initial pictures, in varying directions for an illustration board. Once knowing that, the novice observer can note how the paintings have geometric movement of lines within a sea of pastel colors.

All of it was for his beloved sister, “because I love her and I miss her,” he said.

“But she’s still in my heart,” he said.

For those that missed the debut Thursday, Terrell’s pieces will be at the library from 9 a.m. to noon Saturday.

Learn more about Onnalee Berrios HERE.

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Top Photo: Batavia native Anthony Terrell, now of New York City, talks about the paintings he created for his late sister during a reception Thursday evening at Haxton Memorial Library in Oakfield. Photo above is of Terrell with Terry Kolb of Oakfield. Photos by Joanne Beck.

Sale of Sweet Betty's building in Le Roy pending, with plans for restaurant and market-rate apartments upstairs

By Howard B. Owens

The closure of Sweet Betty's in Le Roy has opened up an opportunity for a pair of businessmen looking to bring back a family-style restaurant into the ground-floor space and convert the empty 4,500 square feet on the upper floors into market-rate apartments.

Dustin Beardsley, representing himself and his partner, Gabe Dean, presented the plan to the Genesee County Planning Board on Thursday night as part of the process to obtain a special use permit for the apartments.

Beardsley, who is from the Stafford/East Bethany area, and Dean, who lives out of state, already own a 10-unit apartment complex for college students in Brockport and see Le Roy as a great place to do business.

"We came across the space and thought it was a nice, interesting location in a great locale," Beardsley said. "Le Roy is a great location, kind of like a smaller booming little city. We're hopeful everything passes and then we can be part of that."

Sweet Betty's closed last month and the sale of the property by Gabrielle Keister to Beardsley and Dean is contingent on the partners obtaining the special use permit for the apartments.

Beardsley is a commercial contractor.

In the application for the project, Dean called the 4,500 square feet of space on the upper floors "a blank canvas."  

The plan is to construct three two-bedroom and one one-bedroom higher-end apartments.

"We have studied the market demand in the area; it is extremely high," Dean wrote. "We also own other rental properties in the local region and understand the need for housing. We feel this would be a great opportunity to provide four living spaces right in the heart of Le Roy on Main Street and in the commercial district, adding to the local economy."

Beardsley said they will seek a qualified operator for the restaurant space but are open to operating the restaurant themselves if necessary.

"Sweet Betty's was a nice spot for families," Beardsley said. "All of the families could go in there, bring their kids, it wasn't overly expensive and nobody has to dress up, so that's really our intention, to keep something along those lines."

With the county planning board's recommended approval in hand, the Le Roy Planning Board is expected to consider the application on Nov. 15.

Tractor Supply planning to move from the east side to the west side of Batavia

By Howard B. Owens

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For more than two decades, a 52-acre island of farm field behind Walmart and The Home Depot and off Lewiston Road has been designated for commercial development.

Tractor Supply is proposing a new store at 8727 Lewiston Road that will occupy 5.08 acres of the farm field, which is currently owned by the Call family and farmed by MY-T Acres.

The new store will replace the Tractor Supply store at 4974 East Main Street Road, Batavia.

Commercial real estate broker Tony Mancuso, who is assisting in the development of the project, said  Tractor Supply is looking to move into a larger, more modern, more efficient building.

"They rent that building," Mancuso said. "They will own this building."

Mancuso and his father were involved with developing Veterans Memorial Drive, starting with Walmart, so he knows the history of the property.

"This has been zoned for this kind of development for over 20 years," Mancuso said. "When we did the other development, we put a road roadway up by the highway to come behind Home Depot and down (to Lewiston). So this has been on the books for 20 years so it was the logical place to go."

The developer will be Hix Snedeker, with engineering by Dynamic Engineering with legal representation for the permitting process by Hopkins Sorgi & McCarthy.

The project was presented to the County Planning Board on Thursday night and the board voted unanimously to recommend approval of the project with the following modifications:

  • The applicant obtains a permit for the new road and intersection from the Department of Transportation;
  • The applicant completes a Stormwater Pollution Prevention Plan and obtains a Stormwater Permit from the Department of Environmental Conservation;
  • Given that the project is located in an archaeologically sensitive area, the applicant obtain a permit from the State Historic Preservation Office.

"With these required modifications, the proposed store should pose no significant county-wide or inter-community impact," the Planning Department said in its memo recommending approval with modifications.

The driveway into the project will take the same route as the planned roadway through the 105-acres of farmland and will be dedicated to the town so that it can eventually be part of the roadway that connects to Veterans Memorial Drive, coming out on the north side of The Home Depot. It will be up to the developer of any new commercial space on the remaining land to complete the road.

Mancuso said the same process was used when Walmart was built, with the start of Veterans Memorial Drive initially serving just Walmart.

Attorney Peter Sorgi said he expects the Calls to continue farming the undeveloped portion of the property, which they will continue to own.

The project will be considered by the Town of Batavia Planning Board at its regular meeting at 7 p.m. on Tuesday in the Town Hall.

With Tractor Supply vacating its location on East Main Street Road, it will add to the inventory of empty commercial buildings on the east side of town, which includes the former CountryMax location and the unoccupied gas station and convenience store on East Main.

Mancuso said not to worry.  He expects announcements soon about new tenants for those two vacant buildings and he already has two potential tenants interested in the Tractor Supply building.

"I don't like to see empty buildings either," Mancuso said. "So I'm trying to work it out as fast as I can."

 

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The Recovery Station organizes group that 'hit the trail' in support of veterans

By Mike Pettinella

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Organized by Harry Rascoe, director of The Recovery Station on Clinton Street Road, this group participated in the Mission 22 Walk on the Ellicott Trail from the DeWitt Recreation Area on Cedar Street to Seven Springs Road and back to The Recovery Station today to bring awareness to a high rate of suicide among the veteran population. "The Recovery Station (a program of Genesee/Orleans Council on Alcoholism and Substance Abuse) is here to help everyone in need but on this day we chose to shine a special light on our veterans and their struggles after returning home from military service," Rascoe said. Submitted photo.

A nod of thanks and appreciation doled out to local veterans Thursday

By Joanne Beck

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Several local veterans were honored Thursday morning during a Veterans Day ceremony at Batavia High School. Band Director Jane Haggett, whose father Robert was amongst the recipients, handed out tokens of appreciation for their service.

They were:

U.S. Army

  • Robert Haggett
  • William Hughes
  • Thomas Steffinella
  • Rich Favaloro

U.S. Air Force

  • Dennis Mahoney
  • Matt Lutey

U.S. Marines

  • Colin Dailey, husband of BHS social worker Lindsay
  • John Dwyer
  • Vincent Pontillo
  • John Gombos

U.S. Navy

  • Tom Cecere
  • Harold McJury
  • Rocco Pellegrino

The district also gave a proud shout-out to members of its own school community.

“The BHS community is very fortunate to have three veterans on staff. We thank them for their service to our country and for keeping everyone safe," BHS Principal Paul Kesler said. "We would like to call the three gentlemen up to the front of the auditorium to receive a small token of our appreciation."

  • Mr. Greg Ciszak, BHS School Counselor: served his country for 12 years in the 152nd Engineer Company as a Staff Sergeant in the Army National Guard. He was a horizontal construction engineer. His unit was activated for numerous state emergencies including snow storms, floods, and the September 11th World Trade Center disaster.
  • Christopher Gorton, a Special Education teacher: joined the Army in 1984 and was in active duty from 1984 to 1989. During a portion of his active duty, Mr. Gorton was stationed in Western Germany. He continued to be on inactive duty from 1989 to 1992. Mr. Gorton was twice awarded the Army Achievement Medal and earned a good conduct medal. His unit received its second presidential unit citation award while he was stationed in West Germany. To this day, Mr. Gorton still carries a Challenge coin from President Reagan, the Commander in Chief, that was given out to the unit.
  • BHS Earth Science teacher Christopher Weicher: served in the United States Marine Corps from 1987 to 1991. Mr. Weicher completed two combat deployments during Operation Just Cause in Panama and the Gulf War 1. While serving his country, he received two combat action ribbons, a Presidential Unit Citation, and a Meritorious Unit Citation while serving with the 6th Marine Regiment.

The event included readings from students about what Veterans Day means to them. Adrien Fytros said that veterans are often defined as those who have been in the workforce for an extensive period of time, and those who have served in the military. 

"Those that have served in any branch of the military are easily the least selfish people in our community and should be treated as such. They are those who would put themselves through intense, rough, and enduring training for years to ensure that we can carry on a worry-free life, explore our interests, and pursue our own careers and dreams we’ve sought out," he said. "Veterans Day as a whole is to honor and give a spotlight to these brave and compassionate people that allow us to do everything we’ve desired to do. 

"Veterans Day is a day to honor those who put their family, community, and most of all, their country and its residents before themselves."

Photo: BHS Band Director Jane Haggett hands out tokens of appreciation the district's thanks to veterans during a Veterans Day assembly Thursday at the State Street school in Batavia. Photos by Joanne Beck.

Batavia High School brings out the red, white and blue for veterans

By Joanne Beck

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Harold McJury’s four grandchildren ran over to him after an assembly Thursday in Batavia High School’s auditorium.

He had been one of the guests of honor during a Veterans Day ceremony.

“It’s so fun, I get to see my grandpa at school,” granddaughter Lucy Taggart said, just moments after playing the solemn “Taps” on trumpet. “And celebrate him.”

It wasn’t the first such ceremony for McJury, he said, but he liked that this one included students.

“The first thing that goes through my mind is that it's wonderful to have the high school do something like this for the veterans because that helps young people to understand what a veteran is. And then they go on, and maybe they'll be in the service, maybe they won't, but a few of them probably will, so they understand the importance of serving our country,” he said. “And, as far as myself goes, I was very fortunate because I went into service during Vietnam, and I always felt it was my duty to do that. So I figured the best place to be, and would be in the Navy. The Navy is a good place. To be in all the services are good, but I always thought the Navy was something special.”

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McJury, a Batavia native, served in the U.S. Navy from 1969 to 1973. The 72-year-old liked submarines and wanted to be stationed on one “since I was a little boy,” he said. He was part of the Submarine Service with the USS Lafayette, which was christened by then-First Lady Jacqueline Kennedy in May 1962.

Married 52 years to his wife Donna, they even had a Christmas dinner on a sub around 1972. Their granddaughter isn’t the only musical one in the family, as all of them are involved in band, and grandpa plays trumpet as well.

He plays for events at the National Cemetery in Corfu and has years of experience.

“So I've played trumpet all my life as well. They're all playing something,” he said. “I feel that being a veteran, and defending our country, is a very important thing. And I do still feel that to this day, there should be a time between high school and college that you serve a year or so. You know, you don't have to stay, you just go for a year. It sort of solidifies all that stuff.”

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Thursday’s ceremony included a band medley of various popular and patriotic tunes; vocal solos for “The Star-Spangled Banner” by student Abigail Hoerbelt and “God Bless America” by student Clara Wood; a strings performance of signature military songs, prompting branch members to stand when their song was played; and a message from keynote speaker Assemblyman Steve Hawley.

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"There are never enough words to fully express our appreciation and gratitude, gratitude for the sacrifice the veterans have made for our nation,” Hawley said. “Their courage and determination are a true testament to the American spirit and embodiment of freedom and celebration of what our nation stands for.”

A veteran himself, Hawley’s family also served, including his late father R. Stephen Hawley,  who served in Burma during World War II and was awarded a Bronze Star as part of Merrill’s Marauders. Hawley’s uncle also served during World War II, and was awarded a Purple Heart for the wounds he received during the war.

Hawley talked about “one of the crowning pieces of legislation that I've sponsored, that got signed into law,” referring to the Gold Star Families bill that provides free college tuition for Gold Star families who have lost a loved one during military service.

“As we gather here today to honor our heroes, please know we can never say thank you enough for the service of our veterans, to our country. Please, today take a moment to reflect on what it means to live in America, and the sacrifices our veterans have made to keep us safe and free,” he said. “And please thank them for their service when you see them 365 days a year. God bless America. Happy Veterans Day everybody.”

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Top Photo: Batavia High School student Lucy Taggart plays "Taps" for the finale of a Veterans Day assembly Thursday at the Frank E. Owen Auditorium; High school Principal Paul Kesler talks about the veterans, including Lucy's grandpa Harold McJury, second from left, and their service; students perform patriotic songs in a strings section, concert band (not pictured) and chorus; keynote speaker Assemblyman Steve Hawley offers a thankful message to veterans; Kesler and members Michael Marchese and Matt Doeringer of Boy Scouts Troop 6 serve as the color guard. Photos by Joanne Beck.

Art show in memory of Oakfield staple Onnalee Berrios debuts Thursday

By Joanne Beck

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Onnalee Berrios was well-known for her compassion and generosity, her brother says.

Whether it was stopping to offer kids a ride to school, delivering homemade gingerbread cookies, buying extra groceries for someone in need, or spending time with family, Berrios had a kind way about her, brother Anthony Terrell said.

“She had very good instincts. My sister was wonderful,” he said by phone from his home in New York City. “I loved going to her house.”

Terrell is a native of Batavia and graduated from Batavia High School in 1967. He returned to the area after being drafted and serving in the Army for two years, though it was as a young teen when he first adored his sister for being so accessible, hospitable, and for being so easygoing with the house rules. He appreciated the little things that she did.

"She would let us watch a movie, we would still have to go to bed like around 11:30, 12 o'clock. But it was better than ... watching your parents watch Ponderosa at 9:30 and telling me, 'don't make so much noise when you go upstairs to your bedroom,'" Terrell said. "Whenever I would go over to the house, she would always have a few bottles of cold beer and pizza." 

Onnie, as she was called, died several years ago at age 64 after a battle with cancer. Terrell — one of the five remaining siblings out of the family’s whopping 17 —  plans to honor her memory with a set of six pastel paintings during a reception from 6:30 to 8:30 p.m. Thursday at Haxton Memorial Library, 3 North Pearl St., Oakfield.

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Why Onnie and why now? Terrell’s fondness for his sister while growing up in rural Genesee County is due to her friendly and accommodating nature. An infusion of Beatles mania encouraged kids to be independent, while adolescence brought on rebellion in wanting to break out of the small-town boredom he and his friends often experienced.

And there was Onnie — with her house full of homemade goodies, a few bottles of beer in the fridge for the taking, movies that were too risqué for their parent’s approval, and someone to talk with.

“She was pretty much my mentor,” he said. “There was nothing to do, and it was very, very boring. I would go over to my sister’s house; she had kids, and we’d play basketball and eat cookies. Boys started growing their hair long, which created problems for families. If you had someone that you could gravitate to, you did.”

Terrell had an art show at Genesee-Orleans Regional Arts Council last year and met up with former classmates and friends. He met Terry Kolb of Oakfield, a former art teacher -- and one of the recipients of his sister's famous gingerbread cookies -- and before they knew it, the artists agreed to have a show in the western part of the county. Since Onnie had lived there, Terrell thought it fitting to commemorate the show to her.

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He then completed six pieces of art as a tribute to his beloved sister.

“Each one replicates what I did when I was there,” he said.

Those activities, illustrated in muted pastels of purples, pinks and blues, include the two of them sitting in rocking chairs that Onnie had restored and refinished herself; sitting in her amethyst-laden room of window sills lined up with the purple stones that reflected the sunlight, casting a violet-flavored veil over everything; and yet another of the two of them sitting in the dark, eating pizza next to a glowing fireplace.

Terrell plans to introduce each one with what it represents and how it came about, he said.

“I’m trying to convey that it’s a very, very rich, deep and rewarding feeling. I think about my sister spiritually,” he said. “She was very well revered. When you love somebody, whether they're here physically or they're not here. When you love somebody, it's continuous. It stays with you. That's the thing about love.”

The first half hour of the reception is for mingling, with the program to begin at 7 p.m., he said.

More about Terrell will be published Friday.

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Photos of artworks painted by Batavia native Anthony Terrell will be featured in an art show debuting from 6:30 to 8:30 p.m. Thursday at Haxton Memorial Library in Oakfield. Photos by Howard Owens. Submitted photo of Anthony Terrell in his studio.

Veterans three-day events begin Thursday in Genesee County

By Joanne Beck

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Events slated for, or in honor of, Veterans Day have this year expanded into a three-day schedule, beginning with a Batavia City Schools district ceremony Thursday morning at the high school, and -- new this year -- continuing with an awareness walk on the Ellicott Trail.

The ceremony at BHS, 260 State St., Batavia, is set for 8:15 a.m. and is to include music and remarks in honor of local military veterans. Local veterans have been invited by students and staff to attend the ceremony that will feature keynote speaker Assemblyman Steve Hawley. There will also be performances by the BHS orchestra, chorus and concert band.

Other presentations include a “What Does Veterans Day Mean to Me” by high school students; the retiring of colors by a Boy Scout troop, and remarks by district leadership.

Genesee-Orleans Council on Alcoholism and Substance Abuse is hosting a “Mission 22 Walk” at 2:30 p.m. that begins at DeWitt Recreation Area, follows the Ellicott Trail on the outskirts of the town, and ends at The Recovery Station on Clinton Street Road.

The Recovery Station is a program of GCASA, and this event is “an opportunity to shine a light on statistics that show that 22 veterans take their lives by suicide every day,” Recovery Station Director Harry Roscoe said in a news release.

After the walk, folks will be treated to a cookout at the Recovery Station, formerly Bohn’s restaurant near the corner of Seven Springs and Clinton Street roads in the Town of Batavia.

Friday will feature the traditional Veterans Day line-up of activities:

  • 9 a.m. Genesee County Park (VVA), 11095 Bethany Center Road, East Bethany
  • 10 a.m. Batavia Veterans Administration Medical Center, 222 Richmond Ave., Batavia
  • This will be conducted in the side patio area near Building 4. Free parking is on the side of the building. The program includes an invocation by Chaplain Alpha Sanon; the “National Anthem;” local musician Frank Panepento on trumpet; remarks from Danielle Bergman, assistant director; the Genesee County Joint Veterans Honor Guard; and a benediction by Chaplain Alpha Sanon.
  • 10:15 a.m. NYS Veterans Home
  • 11 a.m. Upton Monument, at the intersection of Main and Ellicott streets, Batavia
  • 11 a.m. Le Roy Post 576 will be hosting a ceremony at 2 Trigon Park, Le Roy
  • 11:30 a.m. Jerome Center Monument, Bank Street, Batavia
  • 1 p.m. Genesee Community College will be hosting a Veterans Day service in the William Stuart Forum, 1 College Road, Batavia

In observance of the day, Richmond Memorial Library in Batavia will be closed Thursday and Friday.

Third-day event next week

On Nov. 16, The Recovery Station will host a “Veteran Connection” gathering from 5 to 7 p.m.

Veterans from Genesee and surrounding counties will be able to network with various veteran and local service organizations and take a tour of the facility.  This is being conducted in partnership with the GOW Pathway to Hope coalitions.

For more information, call Rascoe at 585-813-6050.

File Photo of a Veterans Day ceremony in 2020, by Howard Owens.

Judge calls child sex predator 'poison' before sentencing him to prison for 10 years to life

By Howard B. Owens

A child sex predator said he was sorry today, but Judge Melissa Lightcap Cianfrini wasn't completely sold on his remorse.

Then when predator Wesley Thigpen refused to sign an order of protection to acknowledge that he had been served with it, that was almost more than the judge's patience could tolerate.

"That just shows me the kind of person you are," Cianfrini said. "Don't sign it. I don't care. I'll send the order to DOCs (the Department of Corrections), and your refusal to sign it is in the transcript. When they see it at a parole hearing, they can see how you acted." 

The 42-year-old Thigpen entered a guilty to predatory sexual assault against a child, a Class A-II felony, on Oct. 24. The plea agreement capped his sentence at 10 years to life.

"I took the plea deal because I wouldn't want to make them (his victims) go through a trial and have them traumatized again," Thigpen said during a lengthy statement that was supposed to be directed to the court but often used personal pronouns as if he was addressing his victims.

He had been previously warned by Cianfrini not to address his victims.

In his statement, Thigpen acknowledged that his victims and members of their family do not believe he is remorseful. He said he is.

"Breaking people's trust in you at such a massive level, of course they do not have faith in anything you say," Thigpen said. "I do have remorse. I am ashamed, and from day one, I've admitted it.  I didn't hide. 

"I understand the pain I caused," he added. "I am ashamed and sorry."

In 2019, while entering a guilty plea on sexual abuse charges, Thigpen called the statements against him attributed to one of his victims "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Today, Thigpen was less belligerent, saying he hoped his victims would find peace. 

"The shame is not with you," Thigpen said. "I understand it's embarrassing and I sympathize but the shame is not with you. You have done nothing wrong. There is nothing you did that caused this to happen. It's not your fault at all."

He added, "It's not on you. It's on me. The embarrassment and shame that I caused is on me."

It was at this point that one of the victims left the room in tears and members of her family followed.

First District Attorney Joseph Robinson objected to Thigpen's statements, pointing out that he had strayed from addressing the court to addressing the victims directly. 

Thigpen tried to explain that he was just trying to tell the court what he would say to his victims if given the chance.

Two victims spoke in court this morning, as well as their mother. 

"I'm torn to pieces," one of them said. "You made a mess of my life. The trauma affects my regular daily life. I am stuck trying to retain any relationship in my life. I can't keep a steady relationship.  It's affected me, and lately, I don't feel normal. I wish I could live a normal life."

She said she feels shame and she feels cheated.

The other victim to speak said, "it's hard to make friends with other kids and have a normal life at school.  I can't ever live a normal life and I carry this sick, dirty feeling with me.  It's hard for me to have a romantic relationship. I struggle with my body image and self-worth."

She said she's being treated for depression and is in counseling.

But she also said she has come out of the experience a strong and independent woman.

"I will never let another person hurt me the way you did," she said.

Their mother said, "My kids will never be the same because he took their childhood away.  I struggle every day because of the terrible things he did to them."

Robinson said Thigpen deserved a long prison sentence so he would have time to think about what he did.

"He stole from them not just their innocence. They will likely have this memory for the rest of their lives. They will have this memory no matter how many years he's in prison. They will move on with their lives, maybe start families, maybe have loving families, but that memory will always be with them no matter what happens."

Cianfrini had her own lengthy statement when it came time to explain her sentencing decision.

First, she addressed the victims, only she didn't call them victims. She called them survivors.

"That's a very strong thing to be in this world, a survivor," Cianfrini said. 

She said they can move on with their lives.

"You have survived something that is unsettling, but you can rise above it because you are strong. You are altruistic. You are smart. It's all of those things that are going to carry you forward in life and I believe you will have a positive impact on our society."

As for Thigpen, Cianfrini said, "Now you, Mr. Thigpen, you are poison. You are the worst kind of poison."

She added, "Sexual abuse is a poison that goes through society. It goes through whole families."

She reminded him that he had been a victim of sexual abuse and that he should know what it does to people, "and you did it anyway."

She recalled that at his hearing where he entered his guilty plea, he "tried to back peddle." 

She said he likes to write letters and told him to stop trying to write letters to third parties in order to communicate with "the survivors." 

"It's not legal," she said.

She noted that one of the victims left the room while he was making his statement and said that was because he doesn't know how to regulate his speech and understand its impact on other people. 

"You went too far and that's what you do," Cianfrini said. "You always go too far."

After Cianfrini reprimanded Thigpen for his refusal to sign the order of protection, she pronounced sentence.

Ten years to life.

Then Thigpen tried to address the court.  Cianfrini told him, "You've had your opportunity to speak." He tried again. She said, "no." Then she stood up and walked out of the chamber before corrections officers removed Thigpen from the court to return him to prison. Maybe for the rest of his life.

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