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A state audit discovered nearly 300 pieces of technology equipment missing and unnecessary service fees paid out for those items and those events resulted in a third-party consultant at an additional cost of $8,700.

District taxpayers have a right to be concerned, Batavia City Schools Superintendent Jason Smith says. 

The Batavian asked Smith several follow-up questions related to the audit and his response were issued on Friday afternoon. He reiterated a portion of what his original response was, that “we can and will do better going forward.”

First and foremost, how do you address taxpayers that may have either lost trust, or confirmed their distrust, in district administrators and board members as the guardians of taxpayer money?
He acknowledged that “our taxpayers — including myself as a resident and taxpayer of the BCSD, along with our board members — are right to be concerned about this audit.”

“Our role as fiscal stewards of the Batavia community is vitally important and we need to and will do better in this area moving forward. As the leader of this district, I’m taking this audit seriously and making it a high priority with our administrative team going forward,” Smith said. “I do not take any fiscal responsibility lightly, and understand and value the trust the community gives us to handle tax dollars appropriately.    

“We are developing a detailed corrective action plan — due in 90 days —  that the Board will review and approve, and will be made available to the public as part of a future board agenda. Under my leadership, we fully intend to improve our IT management, implement our corrective action plan, and then carefully monitor the results and new procedures,” he said.  “In addition, our internal and external auditors have been made aware of the comptroller audit and will also work with the district to ensure all procedures are being followed and implemented—as will I and our leadership team.”

Was the district aware of these discrepancies/issues before the comptroller report, or did the audit find these issues?
"The goal of any comptroller audit is to bring attention to areas of concern for school districts and municipalities. The audit found the majority of our IT issues, although prior to my arrival, it’s my understanding the district was generally aware of some of these IT inventory concerns," he said.

Smith included a note for context that “audits of school districts are common and occur on a regular basis, every five years or so for each district.”

According to the State of New York Office of the State Comptroller, “A top priority of the Office of the State Comptroller is to help school district officials manage their districts efficiently and effectively and, by doing so, provide accountability for tax dollars spent to support district operations. The Comptroller oversees the fiscal affairs of districts statewide, as well as district compliance with relevant statutes and observance of good business practices. This fiscal oversight is accomplished, in part, through our audits, which identify opportunities for improving district operations and Board of Education governance. Audits also can identify strategies to reduce district costs and to strengthen controls intended to safeguard district assets.”

As for the missing IT equipment, how did that happen? Were these items on loan to students/staff and weren't returned, or another scenario? What was the procedure supposed to be?
"While there is no excuse for the results found during this audit, we do recognize that the turnover in BCSD administration and our IT department since 2019 contributed to and compounded our IT management issues," he said. "Once we have completed the assessment from the third party company, we will take steps towards also establishing stronger leadership for our IT department. 

"Some items were given to families and not returned and some were given to staff and have not been located in their classrooms.  During the audit itself and as a result of surveying our staff, we found additional missing items reducing the impact of the audit results.

"The procedure should be and will be the development of a detailed inventory list that will match the inventory that has been distributed along with a process for monitoring new/out-of-service inventory and the distribution and return of all IT devices. This will be part of our required corrective action plan that I will personally oversee.

"Over the last 20 years, there have been six different IT directors and approximately six years without an IT Director, mostly due to budget constraints. Hindsight is always 20/20, and looking back, the district may have been penny-wise but pound-foolish in this approach of not having a dedicated IT director for a number of years. We look forward to the incoming recommendations from our third-party company on how best to proceed."

Who is that third party, and what is the fee for this service?
"After reviewing five proposals this past spring, the district selected the Webster-Szanyi law firm as our third-party IT consultants.  The net cost to the district is $8,753.13 after BOCES aid," Smith said. "The firm is providing the district with two educational consultants who specialize in school technology service reviews. Their work has already begun and will be concluded by January."

Doesn't the board have a role in issues like these, such as having to approve the yearly $17,000 fee and being aware of how equipment is being used and its status from the beginning to end of the school year?
"These fees are embedded in our general BOCES bill and not necessarily a separate line item for approval.  We use BOCES to reduce the local share as we receive BOCES aid. The Board should have full confidence and will have full confidence moving forward that leadership is monitoring the use of the equipment, and will be aware of related procedures and will review and approve related policies and our corrective action plan, due in November," Smith said.

How many years has that fee been paid so far? Was it 2021 and 2022 or also 2020?
"The inventory list contained items dating back to 2006. The District pays BOCES fees for each item that we lease, and the $17,000 reported in the audit reflected fees we paid for unused/lost items in our inventory for the 2021-22 school year," he said. "The audit caused us to dig deeper into our current IT inventory, and we have since reduced additional BOCES fees for our current technology equipment resulting in a reduction of $109,000 from our BOCES bill."  

If/when the missing equipment has to be replaced, how will that be funded? How were these items funded ($891,000, I believe) originally? 
"Our IT BOCES expenditures are included in our General Fund Budget but sometimes (relatively minor) items are purchased from State/Federal grants. If we use State/Federal Grants, we do not receive additional BOCES aid. We purchase/replace our IT equipment in cycles so as to not spike the General Fund Budget in any given year," he said. "There is no need to replace those items as the devices are now obsolete."

You have stepped up to take responsibility, but how will your measures put more responsibility on staff, since you can't monitor everything all the time?
"My job is to work with our team and our third-party consultants to develop and implement clear procedures, carefully monitor those procedures, and hold us accountable to those procedures.  This is true for any area of leading a school district, since I cannot monitor everything all the time, my staff will play a vital role in this moving forward," Smith said. "I can and will however monitor these procedures, do spot checks, and have frequent and regular check-in meetings with appropriate staff."

Does the school district have any intention of auditing other areas of the district where similar mishandling or lack of monitoring could also exist?
"We work closely with our audit committee, our internal auditors, and our external auditors on an annual basis. Areas of risk and improvement are identified on an annual and ongoing basis, and we regularly implement new procedures to ensure fiscal accountability," Smith said.

Board President John Marucci had many similar sentiments as Smith, including how the board needs to respond to these findings.

"Taxpayers have a right to be concerned in regards to this audit. The administration and the Board of Education need to and will do better moving forward," Marucci said.  "As board president, I take this audit and its findings very seriously, as do the other BOE members. Jason and his team are putting together a corrective action plan that will be reviewed and approved by the BOE. I want to assure the Batavia taxpayers that this issue is being rectified.

"Regarding additional audits for the rest of the district, we already have auditors in place to review departments on an annual basis, including an audit committee, internal auditors, and contracted external auditors. Each year, they review and identify areas that we could improve on or are of concern," he said. "These audit processes will continue to help ensure fiscal accountability."

What more can the board do to ensure that approvals for spending are necessary and accurately reflect the need?
"As a board, we expect the administration to give us accurate numbers. I trust Jason will make sure that any figures given to the board regarding need-based spending will be accurate moving forward," Marucci said. "It’s the board’s responsibility to do our own due diligence to ensure we’re thoroughly monitoring and reviewing spending requests."

What was the board's understanding when approving or being made aware of the $17,000 annual fee for equipment that, as it turns out, was not even part of district inventory? Moving forward, how can the board protect against such wasteful spending?
"Again, we expect the administration to give the board good and accurate information. This specific IT issue began while we were in the midst of the pandemic, we had a new superintendent, and we had management turnover in our IT department. It's not an excuse, it's reality," Marucci said. "Unfortunately, mistakes happened. Jason was brought up to speed on the issue when he arrived, and he and his team are aggressively putting an action plan in place to make sure this doesn’t happen again. As a board, we need to continue to ask questions to be certain that the information is accurate and gives us a full picture."

What is your overall response to the audit and its findings?
"I was disappointed, but I also understand that any New York State Comptroller audit is ultimately beneficial because it highlights areas of concern that need to be dealt with. Audits ultimately help protect the taxpayers," Marucci said. "With that being said, I believe in Jason, his team, and this board, and I’m confident this issue will be taken care of swiftly."

File photos of Superintendent Jason Smith, top, and Board President John Marucci, by Joanne Beck and BCSD website.

Brett Doward (top photo) and Levi Bennett (second photo) might want a rematch in next year's boxcar derby -- assuming there is one, and by all indications, there will be -- after facing off against each other in both each other's first heat of the day and in the finals for their age bracket.

That finals race had to be run twice after the first race wound up in a tie.  

In the first match of the Doward/Bennett rivalry, Doward won by a wheel.  In the first heat of the finals, the race ended in a tie.

In that second race for the Suozzi Memorial Trophy, Doward won handily. 

The day was also marked by an appearance by Roger Martin with a boxcar he built himself in the late 1930s and which took him to the national championships in 1940.  His son ran it once down the Ellicott Avenue hill, where Martin's car had seen past glory.

There were 28 competitors running against each other in pairs with double-elimination until the final rounds.

The derby was sponsored by the Business Improvement District and Glow With Your Hands.

Previously

• BID Boxcar Derby to honor memories and create new ones in Batavia
• Build Day for boxcar derby brings, kids, families and volunteers downtown

Dominic Darch and Brett Doward, winners of the 7-10 and 11-13-year-old brackets.

The start of the first run of the finals race for the 11-13 bracket. Levi Bennet on the left, Brett Doward on the right.

Bennett on the left and Doward on the right.

Doward in the lead at the end of the first race.

Lilly Gray glances back at Shannon Maute, BID director, as she beats her in an exhibition race at the end of the event.

Press Release

“Today, the New York State Office of the Comptroller, Division of Local Government and School Accountability, released an audit report addressing the Batavia City School District’s Information Technology (IT) Equipment Inventory based on findings from July 1, 2018, through February 8, 2022. 

The report found that during this time period, the district did not adopt a comprehensive policy for establishing and maintaining IT inventory, did not maintain an accurate IT inventory, and could not locate 229 computers, 62 tablets, and paid approximately $17,000 in annual service fees in the 2021-22 fiscal year for the missing devices. 

Since arriving in the district in early 2022, I have been brought up to speed with our current issues, and I take the findings in this report very seriously. The administration and I take full responsibility for the errors outlined in this audit and are taking appropriate corrective action steps to mitigate the problem and ensure a comprehensive policy is followed going forward. These steps include:

• We have engaged a third-party company specializing in IT services to conduct an assessment of our entire IT department, including our inventory and staff. 
• Our internal team has taken the results from the audit and gone above and beyond to reduce our BOCES service charges by purging and returning unused inventory. 
• We are working closely with the Board of Education to adopt a comprehensive written policy for establishing and maintaining controls to track and inventory our IT equipment. 

While there is no excuse for the results found during this audit, we do recognize that the turnover in BCSD administration and our IT department since 2019 contributed to and compounded our IT management issues. Once we have completed the assessment from the third-party company, we will plan to implement their recommendations across the district. 

As a result of this audit, one of my top priorities is to return our IT department to good standing and set our team up with a process to ensure these mistakes don’t occur in the future. 

I understand there may be further questions surrounding this report. Please feel free to reach out to me directly at jasonsmith@bataviacsd.org. 

Thank you for your understanding. We can and will do better going forward.”  

Jason A. Smith                                                                                                                                                            Superintendent, Batavia City Schools

The way Jim Owen tells the story, his father Frank had very high standards when it came to music, and not every Owen in the family made the cut.

“My sister Kathy was a very good singer, and my brother Robert was a very good singer, and then there’s Jim,” the honorary Mayor of Redfield Parkway said, adding that his father wasn’t mean about it. “He was very encouraging of me, he knew I liked sports … cross-country, basketball, and golf.”

Jim just saw a dream come true with the dedication of his father’s name for Batavia High School’s auditorium. Frank E. Owen was a very well-educated man, and one that would be “humbled but very appreciative” of the acknowledgment of how much he contributed to the music program, Jim said.

After a 37-year career as music director at BHS, the elder Owen joined the Board of Education, eventually earning the rank of president. Those “very high standards” came into play when Jim shared his intent to apply for a teaching job at the city school district.

“He said ‘no way.’ He was very ethical and didn’t think I should work in the district,” Jim said.

So Jim worked as a teacher in Sacketts Harbor, and later at Hamburg Central School, where he enjoyed his work and coaching cross-country for 35 years. He retired from Hamburg Central in 2003 and then -- finally -- obtained a job as a substitute teacher at his original choice of Batavia City Schools. 

Frank's legacy
Frank founded a school band in 1930 and raised money to buy new uniforms and instruments. He later founded the community orchestra in 1947 and was inducted into the Music of Note Hall of Fame. He would also “go the extra mile to get students into college,” Jim said, “by using his great influence.”

It would seem as though Jim was destined to be a smart, teacher-type, given his father’s background and his mom, Natalie Walker Owen, who spoke Latin, French and Spanish, and was on the library board. Jim has been involved in education for 55 years and counting, he said, and has shown that same appreciation for his students and colleagues as his dad did.

He chuckled a bit remembering that his sister Kathy (who died in 2019) was fooling around in class one day, and dad kicked her out. Those standards again came into play, and “he didn’t have favorites.”

“In that sense, he wanted you to be focused. He was selective and wanted good quality,” Jim said. “One of his great contributions was, he was very, very proud of his choristers. They were singing on WBTA and on Jay Gordon Bridge armed force broadcast. Some former students in Korea could listen to it.”

As much as Frank has been discussed in preparation for and during the dedication event, there are tidbits that haven’t been listed. He was a violinist, raised in England, and would help kids of all nationalities, Jim said. He was very good in spelling and articulation and even helped local announcer Chuck Platt practice before going on air at WBTA.

“Dad would teach him how to articulate for broadcasts,” Jim said.

Frank worked in Williamsport, Penn. before applying for a job in Batavia. The rest, as it’s been said, is history in that he reformed the music department. He always preferred to use his middle initial in his name (E is for Earl, by the way), even though he sometimes was called Frankie by mistake.

Current high school band Director and Music Department Chairwoman Jane Haggett has heard all about the senior Owen from Jim, who has done a lot of substitute teaching in the district. Naming the auditorium after Frank means something important for the district as a whole, she said.

“I think it just really reinforces Batavia's desire to have a strong music education for their students. I also think that it's in relationship to drama, and our musical productions, that it all correlates to each other,” she said. “We wouldn’t have a musical production club and produce our musicals without our choral program and our instrumental program and so forth. It just wouldn't happen. Or not as well, I should say. But I have to say that it gives the music students a voice.”

Haggett knows what it’s like to have music in your soul; she knew at an early age what her career was going to be, she said.

“I started playing piano at age five, and flute when I was in fifth grade, and by the time I was in sixth grade, I knew what I wanted to do. I knew I wanted to go into music. I knew I wanted to teach. I didn't know what level or for high school teacher or elementary, or just a private lesson student, but I know I wanted to do something in music,” she said. “I felt like I was successful. And it made me happy. So that's why I pursued it.”

Likewise, as a young violinist, Frank Owen seemed to know his direction in life. While at the city school district, he taught the likes of City Councilwoman Patti Pacino and state Assemblyman Steve Hawley. Jim credits Pacino for putting much time and effort into the dedication, inviting fellow alums and pulling together notes about the late music director. Learning music from Frank E. Owen wasn’t just ordinary education, Pacino said, “it was magical.”

Jim’s parents “all of the fine qualities that Batavia citizens represent,” and Frank especially added drive, enthusiasm and talent to music education, Jim said. His dad even recruited a special guest to visit the district: John Philip Sousa.

Sousa, a patriotic composer who died in 1932, served as the 17th director of The President's Own band from 1880 to 1892. The most famous director of the band, he wrote the national march "The Stars and Stripes Forever" and the official march of the Marine Corps, "Semper Fidelis." Jim has an autobiography written by Sousa, “Marching Along,” with Sousa’s signature, made out to Frank E. Owen in 1929.

Not too shabby Frank E. Owen.

See related story of dedication HERE.

About 100 people gathered Thursday evening to honor the late Frank E. Owen by naming Batavia High School’s entertainment venue after him.

The Frank E. Owen  Auditorium has a nice ring to it, his son Jim said via a pre-recorded video during the live-streamed event. Jim has been battling cancer and his medical professionals wouldn’t let him leave his treatment facility. Nevertheless, he spoke proudly of his father and suggested that the honor is about more than Frank E. Owen.

“This is to honor my father, but it’s more important to honor all the teachers and students — past, present, and future — the music department, and all those who use the auditorium,” he said. “It’s to honor the school system. He was very proud of his teachers and his students.”

A cat photobombed his talk, which brought some humor to a moment charged with emotion. Jim calmly continued talking as he acknowledged the cat’s presence with a few rubs on the head, which is an example of his kind-hearted dedication to whatever is before him. Other speakers pointed to how much they could know of Frank by watching his legendary qualities unfold within Jim.

“Jim carries on his father’s legacy by influencing the students,” High School Principal Paul Kesler said.

Frank’s former students, Patti Pacino and Liz Johnson Conway, both 1965 grads, shared how their music teacher was disciplined, down to earth and fair. He expected nothing less than a commitment from everyone.

Music has been a strong piece of Pacino’s life, thanks in large part to the lessons instilled by Frank Owen.

“He presumed we were as dedicated as he was,” she said, listing his many requirements. There was no sheet music on stage, as everyone was to memorize their songs, and no jingling of bracelets on stage, or even the chance fainting spell without consideration not to disrupt the performance, she said.

“Why would high school students put with such rules?” she said. “Because it was magical.”

Students loved music, loved to sing, and learned about teamwork along the way, she said. They all worked toward the common goal of producing lovely choral music. On one of his very first days at the city school district, Frank invited everyone to sing, and they “sang like they never sang before,” Pacino said, reading a report from 1927.

If Mary Poppins had a brother, it would be Frank E. Owen, she said.

Conway only studied with Frank for two years, but in those two short years, “I learned to like and admire” this man of music, she said. He demanded excellence with “pitch, diction and musicality,” she said.

His conducting was classy and subtle, with no large flashy moves, she said, and his secret weapon reining kids in was “the look.”

“Danny VanDetta had the paddle, and Frank Owen had the look,” she said. “Communicating through lyrics and connected to sound, he strengthened the music in this area.”

Superintendent Jason Smith, an avid musician himself, shared some of Frank Owen’s history:

He established the music department at BCSD in 1927 and created the first band and BHS Choristers, a well-known vocal group that reaped many accolades and awards, taped recordings and broadcasts during Owen’s 37-year career at Batavia. He then went on to serve on the Batavia Board of Education, including as president and was actively involved in community music.

“When the Board was considering naming the auditorium in Mr. Owen’s honor, I received numerous emails advocating for this to occur,” Smith said, reading some of those messages. A few snippets are below:

As a graduate of BHS and a member of the Choristers all my years at the High School, I can tell you that he not only instilled a love of music but a sense of service to community.

Mr. Owen was a humble master of music, respected and praised. My brothers and I were in choristers and band. My oldest brother became a music teacher with Mr. Owen’s urging, along with many other graduates.

Some of our fondest memories are the annual live Christmas (morning) broadcasts of the Chorus from the former Elks building on Ellicott Street, and the copies of that program on vinyl - blue records! - that each of us could purchase.  Both Jim and I have included a link to one of those albums on our Class websites.

I can't think of a more fitting honor than naming the Auditorium after Mr. Owen - a 'home' to so many of us during our years at Batavia High School and recognition of the impact he had on so many lives.

Smith also read a tribute recited to Frank upon his retirement in 1964.

“Mr. Owen’s flair as an educator has to be classed in the greater range. Music to him is not merely an abstract subject. It is something that is a very real part of life with ramifications in history, culture and the development of civilization,” Smith said. “Those who had the advantage of his teaching and leadership gained not only exceptional appreciation and understanding of music but also of the wider spectrum.”

Gov. Kathy Hochul and state Assemblyman Steve Hawley sent representatives to present proclamations for the occasion, and City Council President Eugene Jankowski gave one from the city with the wish that the community will find the auditorium space to be a place where folks can relax and be inspired.

The evening also included a ribbon-cutting, a vocal concert of pieces chosen by current Music Director Jane Haggett, including "Adeste Fidelis," meaning come, faithful ones, and a patriotic song since Frank always typically included one for concerts, she said. He loved "America," she said, "so we're going be doing that."

 A reception cake was bedecked with the theme of the night, and memorabilia was on display for guests to see.

Top photo: Abigail Hoerbelt, who comes from a musical family, cuts the ribbon during a dedication of the Frank E. Owen Auditorium Thursday evening at Batavia High School. Music Director Jane Haggett, City Council President Eugene Jankowski, alumni and board member Liz Johnson Conway, Jenn Lendvay and Patti Pacino flank her on the left as Chamber of Commerce Interim President Tom Turnbull, Board President John Marucci, Superintendent Jason Smith and Principal Paul Kesler stand on the right. Photo by Joanne Beck.

Photo of reception cake by Joanne Beck, and memorabilia and speakers by Howard Owens.

Editor's Note: This is the second of a series about new staff at Crossroads House, which is to celebrate 25 years of existence in January.

She was a friendly face in the main office at Washington Towers for 15 years, and although she enjoyed it, there came a time of burnout, Vicki Johnson says.

She left in May 2021 and eventually decided that “it was just time for me to make a change.”

Johnson began her new role as director of development at Crossroads House on Aug. 1.

“I  like working with the elderly. And it's where I just really saw how fragile life is,” she said during an interview at the House on Liberty Street, Batavia. “It can be kind of, you know, you can get a little burnout with dealing with the elderly and disabled. And so this came up and I just knew it was time. Caregiving and Crossroads have always just been something that I feel — like my husband says -- destined to do.”

Johnson provided care for her grandmother Lucy, who was nearly 104 when she died, and for her mom Betty, and now for Aunt Dorothy, who is in a nursing home.

“I think I've always been of that caregiving nature. And just having been with people at end of life. And again, just seeing how fragile life is, you know, in my position at Washington Towers. Unfortunately, over the years, there were numerous people that we did welfare checks on and came upon them that they had passed. We were the first ones that tended to see their decline, whether they were getting dementia or just failing in health, and it's there where I kind of saw the negative part of the family relationships, and how they treat the elderly … it kind of just had me gravitate toward caregiving.”

It was while at Notre Dame High School for about three years that Johnson learned more about development initiatives and fundraising, she said. That shored up her experience for this new role of overseeing fundraising events, donor relationships, endowments and the like, plus probably getting involved with grant writing along with Executive Director Charlotte Crawford, Johnson said.

“Obviously, we need funds, because we're funded totally by the wonderful community that we live in. So I'm looking for new fundraising ideas, trying to get to the younger group, the younger people, with some fundraisers that might appeal to them,” she said. “And when we have the famous garage sale that they do, they have their basket raffles, their fall and spring basket raffles. We're lucky recipients of some outside (sponsored) golf outings that we just supply some help, maybe some baskets, but then we get some of the proceeds. So that's a great thing for us.”

Part of her job will entail raising awareness in order to increase donations for the nonprofit comfort care home. It exists primarily on the generosity of others, so it’s crucial to operations for Johnson to do her job successfully. She plans to get “our image out there” and provide more updates via the website and social media, she said.

After all, the House will be celebrating its 25th anniversary in January, and there are many people — staff, volunteers, families, board members, donors — that will want to recognize the work that’s been done and the missions accomplished.

Johnson wanted to fully envelop those missions, so she took the new orientation training, which consisted of instruction and shadowing volunteers. She wants to also become a volunteer and complete the end-of-life doula course so that she can be a companion for people when they are approaching the end in their own lives.

She doesn’t fear death, and is, in fact, comfortable with the concept.

“So it's just someone that accompanies you through your journey. It’s a time really to celebrate life, to look for reconciliation and forgiveness,” she said. “It’s incredible to hear the stories of people.”

Photo: Vicki Johnson at Crossroads House in Batavia. Photo by Joanne Beck.

Batavia Downs Gaming's new warehouse and cold storage building at the south end of the Park Road facility is complete. The 5,000-square-foot, $1 million structure provides a central location for the corporation's varied food, beverage and hospitality inventory.  From left are Ashley Bolsei, warehouse manager; Scott Kiedrowski, vice president of operations; and Ryan Hasenauer, marketing director.

Bolsei and Hasenauer stand outside the loading dock of the building, which was constructed by Ed Hulme General Contracting of Warsaw.

Photos by Mike Pettinella.

Western Regional Off-Track Betting Corp. leaders are taking steps to address the company health insurance policy that has been a media hot button item in recent months.

The corporation’s board of directors this morning approved a resolution to spend up to $25,000 to extend a contract with the Connors LLP law firm of Buffalo, with the goal of reaching a “global solution" to the health insurance matter.

“I’ve been instructed (by the board) to come back in September with a plan to globally address the healthcare issue for the whole company,” WROTB President/Chief Executive Officer Henry Wojtaszek said following the meeting at the Park Road facility. “We’re working on a nice, fair global solution to whatever healthcare (is permissible) and that includes the board and entire corporation.”

Wojtaszek said lawyers are negotiating with the New York State Attorney General’s office.

“He’s (Terry Connors) prepared a memo that he’s provided to the attorney general and he’s provided advice to our board,” he said. “Talks with the attorney general are continuing.”

Published reports about the “gold plated” health insurance plan given to board members have prompted protests from Western New York politicians and government officials – present and past. Until June of last year, all board members (and three retired ones) were receiving health insurance plans that cost the public benefit company an average of more than $10,000 per year.

The board, at its June 2021 meeting, voted unanimously to eliminate company-sponsored health insurance benefits for directors appointed on or after July 1, 2021. So, as of today, the majority of the board members are still receiving fully-paid health insurance.

In other developments, the board:

• Approved the purchase of $50,000 worth of $20 gift cards from Tops Friendly Markets to be used toward a promotion for the Hotel at Batavia Downs for eligible hotel stays through the end of the year.

• Announced that $61,498 in surcharges generated in July will be distributed to member municipalities. Also, it was reported that Batavia Bets’ revenue is down 16 percent this month as compared to last August, and 17 percent for the year as compared to this time in 2021.

• Learned that management is looking to reduce the number of summer concerts from 11 to nine next year in an effort to attract top name bands and, hopefully, eliminate tribute bands. “The purpose is to possibly spend a little bit more money to get bigger bands, for lack of a better term, in order to attract bigger crowds,” Wojtaszek said. When asked if security was an issue this year, he said the combination of Genesee County Sheriff’s deputies, Batavia Police Department officers and the Downs’ security staff handled things well.

• Reported that the Park Road Reconstruction Project is moving along, noting that crews were laying the binder on the east side of the road and that sidewalks are being put in on both sides. “We expect the road to be open after Labor Day and we expect substantial completion -- 97-98 percent of the project -- done by September 20^th,” Wojtaszek said. (See photo below).

There's always a job to do in the Oakfield Volunteer Fire Department -- or any volunteer fire department in the county -- and if you can do a job, there is a job for you to do.

You should volunteer.

Not every job involves rushing into burning buildings or pulling injured passengers from mangled cars. Some jobs involve keeping track of people and materials or just cleaning up the fire hall.  All the jobs help the department fulfill its mission of keeping Oakfield safe.

That was the message Department President Joshua Finn and Chief Sean Downing conveyed when they invited a couple of local reporters to the Fire Hall on Monday.

They also wanted to show off the department's new rec room, which is also integral to Oakfield's effort to recruit more members.

"Some of the things that we want to do is get video game systems up there and have it way more comfortable so that we can get younger kids to have a spot, a place to hang out," Finn said. "Why not hang out here and play video games? If they're at least 16 they're able to go on calls, or those that might be, say, 14 are not able to go, but they may be up here with their friend. Now their friend goes out on the call, they hang back. You know, we hope they think and say hey look, that's pretty cool. Their friend is gonna come back and kind of say, 'Hey, I was at this car accident. It was cool. I got to help save a life,' that sort of thing, because if that does happen, we're hoping that it translates into the kids that are upstairs wanting to join."

Besides the kids, Finn believes Oakfield is a community with a generous spirit.  He suggests there are more people in the community who could and would volunteer if they just understood the need and the opportunity.

"I look at our community especially, and we have a lot of great people," Finn said. "The Oakfield Betterment Committee. That organization is fantastic, the things they do. I look at Suzy Zeliff who's running The Goose here in town, and what she has produced is unbelievable. We have a lot of great community members, and there's so much that we (the department) can offer people. Like Sean said, we have maybe 20 members that legitimately will respond to a lot of the calls out of a population of 5,000 residents. That's half of 1 percent."

An example of somebody from the community stepping forward to fill a need that wasn't being met was Ed Spence, a retired City of Batavia firefighter, who offered to become the department's chaplain.  He's helped a lot, being somebody for members to talk with after difficult scenes and performing religious functions within the department, Finn said. 

Downing noted Oakfield is not unique among local volunteer departments and maybe a little bit better off on staffing than some others, but that doesn't mean the need for more people in all parts of the organization isn't real.

"Everybody is struggling to get people during the day," Downing said. "You might get two people. Other times you get an EMS call for a stubbed toe or something and we get 13 people showing up. So, I mean, it's like it's feast or famine. So what we're trying to do is entice new members to come into the department."

Both Downing and Finn acknowledge that the training requirements for a firefighter or EMT can be pretty daunting, which is why they're suggesting people look for other ways they can help the department (though they also need people to join willing to go through that department).  They're also working with the county to find ways to streamline the training for people who might be willing to respond to a fire scene to help but not actually get involved in fighting the fire.  They can drive trucks, run pumps, help with hoses, and get nowhere near the fire.  But there are still risks involved in being on a fire scene, so some training is essential. 

Volunteers can also help with social media, fundraisers, and with serving on the fire board.  Finn mentioned one local businessman who has a family member in the department that he's hoping will take an interest in becoming a board member. His business experience could be invaluable, Finn summarizes, and with the financial strains in the department, more business experience on the board could be helpful.

"As years go on, one of the things that I've brought up is this building isn't getting any younger," Finn said. "We don't have a plan right now. That's one of the things that we've been talking about."

Clearly, Downing and Finn hope people will read this article and decide to at least explore the idea of helping out the Oakfield Volunteer Fire Department, or the department of the town where they live, and Downing encourages readers to visit ReadyGenesee.com.

"Come check us out," Finn said. "Come check us out on a Monday night. We're here. If you live in Genesee, on a Monday night, every county department in Genesee County has either a meeting or a training night. Check out your department. Everybody in the community knows somebody who's a member, ask them what they need. Find somebody that you know on Facebook.

"Especially in a small town like Oakfield, everybody knows somebody. You know, there are so many different things that we need help doing," he said. "Come check us out. And you know, there are so many things that go on in the volunteer fire service that people don't realize. Come check us out."

Previously: New report addresses growing crisis in county's fire and EMS coverage

Top Photo: Oakfield members and family members hang out in the department's new rec room on the second floor of the Fire Hall.

Photos by Howard Owens.

Chief Sean Downing, Jamie Lindsley, president of the Oakfield Betterment Committee, Joel D'Alba, owner of Albion Pools, Tonisha and Andrew Pilc, Mike Harding, Attica Furniture, and Joshua Finn, president of the department's board of directors.

The rec room cost in excess of $12,000 was paid for almost entirely by donations and volunteer labor.  The Oakfield Betterment Committee was able to use its non-profit status to be a recipient of donations, such as $5,800 from The Home Depot.  D'Alba, an Oakfield resident, and somebody who would volunteer if training requirements could be modified so he could drive a truck and run a pump, made a cash donation.  Tonisha and Andrew supplied both volunteer labor and the effort and inspiration to get the project off the ground from consulting with local developers to lining up donations.  Harding made a cash donation and also donated the eagle and flag painting to hang in the rec room.

Photos of what the second-floor room looked like before the remodel.

“My name is Jarett LoCicero and you can find me at the GCASA recovery center, helping out with services for those looking to be themselves, feel better and maybe even live their dreams.”

That’s the way LoCicero, a Batavia resident in his fourth year of recovery, ended his six-minute talk this afternoon at the annual Overdose Awareness Day hosted by the GOW Opioid Task Force at Austin Park. He was able to pack a powerful message into his speech -- reflecting the event’s theme of reducing the stigma attached to addiction and letting people know that help is right around the corner.

Now a case manager at The Recovery Station operated by Genesee/Orleans Council on Alcoholism and Substance Abuse, LoCicero (photo above) shared that changing the perception of himself was key to his road to recovery.

“Today, we're speaking vaguely from a person's point of view that's been afflicted with the disease of addiction, and their capacity to change that perspective,” he said. “Ultimately, what stops the person from this change? And, maybe when someone is scratching at the fronts of their eyes to see themselves follow through with the decision, a change or a commitment, they fall short again, and again, ultimately not feeling as if they could succeed despite the best and most pure of intentions?”

He talked about the agony felt by the person caught up in substance use and for their families. As a result, he said, that person “can die for this or die for change, a desire to feel different -- the very nature of an overdose or instant gratification, and why many of us have gathered here today.”

Upon realization that someone has a problem, LoCicero said it then becomes a matter of perspective – and the change in that perspective can be accelerated by the encouragement from those who care.

“Once perspective may be supported by ‘I’ statements, such as I am, I can't, I won't, I come from this, I'm cut from that cloth, this is my culture, stay in your lane. This will never happen or workout for me,” he said. “But, despite all of that, a person will say to themselves if I just had X, Y and Z, I could do this. If the light could just shine down on me. I could do this and make a difference in my life.

LOVE AND SUPPORT ARE VITAL

“Because it's my life. What X, Y and Z boil down to being mostly in every case is our common and essential needs -- love and care support, personal needs that allow one the opportunity to self-actualize and become their dream.”

LoCicero said that once he saw his life through a different filter – “and put in some effort” – his perspective changed and his life changed “nearly instantly.”

He said his breakthrough to believing in himself has led to a desire to help others do the same thing.

“It’s what we can do for folks, (show that) we care about suffering with the disease of addiction, a disease of a lifestyle, and we can contribute to optimal conditions necessary for growth and opportunity by making folks aware of our want and commitment to help, most importantly, proving to them that it's possible,” he said.

LoCicero said those in attendance representing human services and health agencies want nothing more but to reach out to those struggling with addiction and “have you join the community – your community – or at least to reduce your potential for harm.”

In closing, he shared a three-step approach that pulled him out of bondage.

“If you can put yourself in front of God, you will find a miracle. If you work hard enough and grind hard enough, you may find your cure. If you be yourself, that's the only way you can find change and find happiness. If you do all three of these things, and if you ask for help, undoubtedly you will recover.”

PETTIT: PREVENTING DEATHS ARE A PRIORITY

Paul Pettit, public health director for Genesee and Orleans counties, (in photo above), applauded the work of the GOW Opioid Task Force, the three-county partnership of agencies that has been is place for the past five years.

“Preventing opioid overdose deaths … is one of the priority goals of the GOW Community Health Improvement Plan,” Pettit said, mentioning that drug overdose is the leading cause of injury mortality in the United States. “The opioid epidemic is an urgent and serious public health and public safety issue.”

Nationally, more than 100,000 people died of drug overdoses last year, and worldwide, the number approached 600,000. And, after trending down in 2018 and 2019, the numbers are increasing once again, he said.

“In Genesee County, there were 15 fatal opioid overdoses in 2020 – 15 too many,” Pettit said, “with six in Orleans County and seven in Wyoming County.”

He cited the rise in fentanyl and synthetic opioids and in concurrent stimulant use, especially cocaine.

“The takeaway from this is that people are dying of fentanyl overdoses when they only mean to take cocaine or another stimulant, and might not know they are at risk of an overdose at all,” he said.

BENNETT: OPEN ACCESS TO TREATMENT

GCASA Executive Director John Bennett shared that the Overdose Awareness Day initiative, which was started in Australia in 2001, now is celebrated internationally, with 367 events in the U.S. and around 600 outside of America’s borders.

“It’s an honor for us to be able to present this to our community,” he said. “As I go to the different booths here today, I am hearing people having good conversations with community members. It’s all about reducing the stigma of people with addiction. It's about giving people who've lost loved ones a place to talk about-- without stigma, without shame and without guilt -- in a really kind, positive and friendly zone.”

Bennett pointed the agency’s recently-opened Detox Center on East Main Street as a place “that is already saving lives.”

“We offer open access; you can just walk in and we’ll see you. Just last Thursday, I think we have seven admissions,” he said. “Doing events like this in the community brings awareness. So, my advice is if you need help, there's open access centers all around Western New York. Go to one of them, and they'll get you where you need to be. Or call me. My number is 585-815-1850 and I'll find you a place.”

Other speakers were Christopher Budzinack, a residential counselor at GCASA’s Atwater Community Residence, who spoke about his recovery from addiction and jail time, and Niki Lang, who read a letter and poem written by her son, Jason, who died in 2017 due to substance use disorder.

More than a dozen agencies had booths at the event, including Mental Health Association of Genesee and Orleans counties, Genesee County Office for the Aging, Batavia Community Schools, Genesee County Mental Health, Genesee Justice, National Council on Alcoholism & Drug Dependence, Job Corps, Rochester Regional Health, CORE, Restore, Genesee County Health Department, Oak Orchard Health, Suicide Prevention Coalition, Care-A-Van Ministries, Horizon, Fidelis Care, Molina Healthcare and WNY Heroes (for veterans).

Disclosure: Mike Pettinella is the publicist for GCASA.

The Rev. Vern Saile, pastor of Northgate Free Methodist Church, giving the invocation at Overdose Awareness Day.

"The Groove" belts out covers of classic rock songs -- from left, Joe Gagne, Pete Gomez, Neil Gagne and Bob Smith.

Messages of hope form the pieces of the puzzle at the National Council on Alcoholism & Drug Dependence. Erin Egloff, left, and Kaitlyn Mellina provide services in the Finger Lakes region.

Melody McMaster brightens up the day for 8-year-old Avi at the face painting booth.

The team from Rochester Regional Health (parent of United Memorial Medical Center) is ready to share with the public.

Animal attraction in the form of Frega's Funny Farm of Stafford.

Photos by Mike Pettinella.

Vincent “Vincenzo” "Vinny" DelPlato, 65, whose art has enlivened much of Batavia for decades, including Jackson Square, has passed away.

He died Aug. 22 due to complications of diabetes, according to an obituary published today.

While the Jackson Square murals may be his best known, he painted murals on other Batavia buildings -- some of which have been covered in recent years -- as well as a giant mural in Oakfield depicting the village's history.

The obit:

Vin was a talented artist. He saw the beauty in God’s creation. With his paints and brushes, he tried to capture that beauty on canvas, whether it was a portrait of someone’s loved one, a family pet, or the ever-changing scenes of nature. He created true works of art to be admired for years to come.

In 2009, he painted a mural inside what was becoming Next Level Fitness at Main and Jackson streets, inspired by a famous photograph (photographer unknown) of men eating lunch on a beam on the 69th floor of the RCA Building under construction in Manhattan in 1932 (see video below).

File photos by Howard Owens.

Press Release

With the start of a new school year right around the corner, Catholic Charities is hosting a Socks and Undergarment Drive to benefit school age kids and teenagers in grades Pre-K through 12th in need throughout Genesee, Orleans and Wyoming counties. 

Donations of new, unopened packages of socks and underwear are being accepted now through Sept. 11 in Genesee County at: Ascension Church, 19 Summer St., Batavia; Immaculate Conception (Mary Immaculate), 5865 Ellicott Street Rd., East Bethany; Maurice’s, 8351 Lewiston Rd., Batavia; Old Navy, 4222 Veterans Memorial Dr., Batavia; and Resurrection Church, 303 E. Main St., Batavia.

“With many families throughout our community struggling to make ends meet, we know that back to school time can be a burden,” said Kelly Grimaldi, Tri-County district director, Catholic Charities. “While some may think of new pencils and notebooks, items such as socks and underwear are also needed, especially for younger children who are still growing. If you can, please consider donating to our Socks and Undergarment Drive to help our youngest neighbors in need.” 

After the drive concludes, the donated items will be distributed as needed to community members through Catholic Charities’ offices, including by referral from our collaborating partners and churches.  

Catholic Charities programs and services available in Genesee, Orleans and Wyoming counties include basic needs and emergency financial assistance, Our Kids Parent Education and Awareness program for divorced/separating parents, In-School Social Work, the court-ordered Domestic Violence Program for Men, and Home Visitation Program/Friendly Phones.  

Collections are also being taken in Orleans County at Holy Family Parish, 106 S. Main St., Albion; and in Wyoming County at Community Bank, 2490 N. Main St., Warsaw; the Perry Market Place, 121 N. Center St., Perry; St. Michael Church, 171 N. Main St., Warsaw; St. Joseph (St. Isidore), 8 Park St., Perry; St. Isadore Parish, 39 Church St., Silver Springs; and St. Mary (Mary Immaculate), 11095 St. Marys St., Pavilion.  

All colors and sizes from children to adult are needed.  

After nearly 50 years operating as a metal recycling business, and then sitting defunct for another dozen or so years next to Dwyer Stadium, Batavia Iron and Metal has been on a slow track for cleanup, and the next phase to get it back on the tax rolls has begun, said Jeff Wernick of New York State Department of Environmental Conservation.

DEC put out a call for bids to conduct remediation of approximately 50,000 tons of PCB-impacted soil for off-site disposal, backfill and restoration, Wernick said in response to The Batavian’s inquiries.

“DEC received four viable bids,” Wernick said. "The bids are associated with the remediation efforts under the State Superfund program. Work is being performed under a self-implementation agreement with the United States Environmental Protection Agency. DEC’s role for future use is limited to the completion of the cleanup activities and the release of the remediated site for residential or commercial use in accordance with local zoning ordinances.”

The winning bid award is expected in the fall, with work to start in the spring of 2023, he said. The scope of work is estimated to cost $15 million to $20 million. Remedial activities include the removal of PCB-contaminated soil, temporary water treatment, backfill, and restoration, including the transport and disposal of non-hazardous and hazardous soils. 

The site at 301 Bank St., Batavia, earned special attention from the Department of Environmental Conservation more than a dozen years after it went defunct and was abandoned. Cleanups had been initiated for neighboring properties and the business site from 2013 to 2018.

A DEC fact sheet from 2018 states that, based on the April 2013 Record of Decision, the cleanup included removal of contaminated soil and debris and from on-site and parcels located near the former facility. The Site operated as a metal recycling facility from 1951 to 1999.

Wernick said that another fact sheet with additional details will be issued prior to the start of this next construction and remediation work.

Batavia Iron and Metal aftermath
Batavia Iron and Metal also purchased and handled electrical transformers on the property. Two furnaces operated at the facility from the early 1970s until 1994 for the purpose of reclaiming wire and smelting white metals. Prior to the use of the furnaces, the facility utilized open burning in dumpsters in the yard to remove insulation from the wiring.

DEC is designing and implementing this cleanup to remove the contaminants that have migrated from the site onto City property, the Fact Sheet states. As part of the remedy, installation of sub-slab depressurization systems at three residences near the site was completed in 2013. In addition, a cleanup involving soil removal at three residences was completed in 2014.

Further work included soil removal and restoration activities along the rear property boundary of 299 Bank Street and 301 Bank Street. The goal of the cleanup effort was “to ensure the effective removal and proper disposal of contaminated soil and to restore the property with clean soil.” At least one neighbor — who lives next door to the defunct business — had complained about potential health issues from toxins leaching into his water system, and how his trees would not grow in the contaminated soil.

Work done in 2017 was performed by Nature’s Way Environmental of Alden, with oversight and inspection provided by DEC. Soil identified for remediation was to be excavated and disposed of off-site. All areas that were disturbed during the removal were also to be restored, and the same for any City of Batavia-owned roads, utilities, or other infrastructure impacted by the cleanup activities.

DEC and the New York State Department of Health approved a Community Air Monitoring Plan that required continuous air monitoring during all excavation and backfilling activities to ensure no additional contamination was released to the environment or adjacent properties during the cleanup.

The project is being funded and conducted pursuant to terms of the State Superfund program, intended for “Brownfield” areas that are contaminated with toxic waste and in need of remediation for safe future use.

To read the full Fact Sheet, go HERE

For prior coverage, go HERE

File photo of Batavia Iron and Metal Co. on Bank Street, Batavia.

After more than 18 months with three “key phases,” and input from dozens of administrators, teachers, staff, parents, students and community members, Batavia City School District is ready to launch its five-year strategic plan.

Such a plan isn’t required by New York State, but is a recommended “best practice” for any school district, said Dr. Molly Corey, director of curriculum and instruction.

“Our intention is to bring parents, community members, students, and staff together to plan and prioritize student success in every classroom,” Corey said in a press release Monday. “We’re still evaluating and discovering the depths of learning loss our students experienced due to the pandemic. A Strategic Plan like this will be a beacon grounding us during uncertain times, and it will allow us to comprehensively think, discuss, and prioritize the needs of our students.” 

A main portion of the report, referred to by staff as “a curriculum and instructional roadmap” for reaching each student’s goals, involves a family component, which undoubtedly is a valuable piece. That part of the plan is to ensure “Our families will: make education a priority in the household, support the school in promoting a good work ethic and personal responsibility, as well as encouraging health and wellness and provide the necessary time, space, and supplies at home for homework and studies to be completed.”

The Batavian asked Superintendent Jason Smith how the district plans to get families on board with the wellness aspect, given their busy lives, technology and such easy access to fast meals and sedentary lifestyles. Smith said that promoting health and wellness has become even more important post-COVID.

“And we learned that loud and clear coming out of this pandemic,” he said. “We have Social Emotional Learning teams at each school that promote health and wellness among both our students and staff. Good nutrition and exercise are reinforced in our Phys Ed and health curriculum, and is a key part of the New York State learning standards.”

He also emphasized that family engagement will continue to be “an integral part of our mission at BCSD.” Therefore, two-way communication between schools and families is critical, he said.

“We encourage our families to reach out to us with comments, suggestions, and questions as we implement this plan,” Smith said. “Additionally, each school partners with our parent groups, and just this year we have added a parent representative component to our newly formed shared-decision making teams at each school.  We will also consider tools such as surveys and other feedback mechanisms.”

Even before COVID — about 26 years prior, to be exact — Smith said that he focused his teaching on individual ownership in one’s own behavior and contributions.

“Since I first began teaching in 1994, teaching students personal responsibility and work ethic has been a core mission of schools,” he said. “While it may be explicitly taught at times, teachers, coaches, and advisors continually reinforce this important message through high expectations and accountability, coupled with support and guidance.”

That’s how he expects to reach families, and therefore equip students to fulfill plan goals to: contribute to creating a safe and respectful environment; put forth their best effort; and be independent learners and competent problem-solvers who seek help when needed.

Four components of the plan include:

• A safe and orderly school environment
• A collaborative culture
• Clear and accessible curriculum
• Effective teaching in every classroom

There are benchmarks for every objective, such as planning for communication across all district groups, developing a schedule for progress checks, and creating an efficacy report by asking “how are buildings in the district doing?”

The Board of Education has approved the plan, which will begin to unfold this fall. While BCSD developed this plan to cover a five-year period from 2022-2027, school staff will continue to review and refine it to “achieve success for years to come.”

Even though Smith began in January at the tail end of the planning process, he has enjoyed the catch-up process of all that has been done, he said.

“I’ve been thrilled at the work Dr. Corey and all of our stakeholders have done in preparing this guide,” he said. “It shows a solid understanding of our students’ diverse needs and will certainly set every child up for success going forward.” 

Newly elected Board President John Marucci concurred, adding that Corey and her team “have been well ahead of the curve” by initiating the strategic plan in 2019.

“The Board of Education has been actively discussing learning loss with the administration since the height of the pandemic,” Marucci said. “We’re confident that they’re addressing the concerns that parents have expressed and will continue to evaluate their systems going forward to ensure BCSD continues to strive for academic excellence in every grade and every classroom.” 

The complete Strategic Plan, which runs from 2022 to 2027,  can be found on the Batavia City School District website here. 

Genesee County’s Planning Department is ready to review and discuss a draft 2022 Smart Growth Plan report that’s available to the public.

The Department will be conducting three online Zoom meetings over the next two weeks for anyone interested in signing up for one of them. The report can be viewed HERE.

Meetings are scheduled for 2 p.m. Tuesday, and 6:30 p.m. Thursday, and 6:30 p.m. Aug. 31. They may count for one hour of land use training credits for planning and zoning board members. To register and obtain the Zoom link, email your name, desired date, and if you would like a training certificate to: Felipe.Oltramari@co.genesee.ny.us

What’s the Smart Growth Plan?
On May 9, 2001, Genesee County Legislature adopted the Smart Growth Plan, which is "a mitigating action of potential significant environmental impacts of the Genesee County Water Supply Project upon the viability of agriculture in Genesee County," according to the County Planning Department Director Felipe Oltramari.

Smart Growth Development Areas were designated throughout the county based on their access to transportation, minimal conflict with County Agricultural Districts, and state-regulated wetlands, feasibility of extending public water service, and the potential for extending public infrastructure to support development, Oltramari said.

The Plan requires that it be reviewed every three years by the Legislature and that recommendations for its revision be made at that time.

2022 Review Highlights 
During this review, the Towns of Byron and Pembroke proposed changes to the Smart Growth Development Area Boundaries. One substantive text change is also being proposed as part of this review. The meeting will focus on the modifications being recommended to the County Legislature by the County Planning Department.

According to the Smart Growth report, Phase 1 of the County Water Supply project has been completed, and Phase 2 work is ongoing. Map 1 in the report shows the existing waterlines and the Smart Growth Development Areas prior to the revisions recommended in this report. The majority of water hookups that have been made to the system have occurred mainly along major state highways and county highways.

Although some have been made in agricultural production areas, they have complied with the Smart Growth Plan’s objectives by hooking up only existing structures to public water. The majority of the hookups made were located within the Smart Growth Development Areas designated by the Legislature.

Since 2019, there have been 15 additional requests for hookups outside of the Development Areas to structures built after the adoption of the Smart Growth Plan. This brings the total number of these special requests to 68. After careful consideration given to their potential adverse impacts on agriculture and farming in the area, the Administrative Review Committee approved 12 of the 15, denied two, and tabled one of the requests that was later withdrawn by the applicant.

As a result of this review, and based upon existing comprehensive plans, local planning initiatives, and comments received during the public review process, it is recommended that the boundary of the Priority Development Area be amended in the hamlets of Byron, South Byron and North Byron and a new Priority Development Area be created on Lyman and Beaver Meadow roads in the Town of Byron.

No other changes are recommended in the development areas of the other municipalities in Genesee County (see Map 2). This review also amends the Policies and Procedures for Managing Water Hookups section of the plan by recommending that the Genesee County Legislature pass a local law that when any purchase and sale contract is presented for "the sale, purchase, or exchange of real property located in any town outside of a village (or the City) within the Genesee County, a Smart Growth disclosure notice is required to be signed by both the seller(s) and the buyer(s) acknowledging that Smart Growth is in effect and that new construction may not have the guaranteed right to public water."

This notice will help educate buyers of land about the Smart Growth Plan impacts on access to public water for new non-agricultural development. the report states.

The objectives of the Smart Growth Plan are to:

• Focus County resources to support economic development opportunities in the most promising locations; 
• Encourage the revitalization of existing industrial areas, business districts, and residential neighborhoods in the City of Batavia and developed village areas; and
• Protect farmland and the rural character of the countryside, and maintain the viability of agriculture.

These objectives are consistent with the general principles of Smart Growth to promote the efficient use of land resources and infrastructure; maximize the benefit of existing infrastructure; promote economic development in appropriate areas; encourage revitalization within the City of Batavia, villages and other developed areas, focusing on residential neighborhoods, downtown redevelopment, and the re-use of environmentally damaged lands; protect prime agricultural soils and other natural resources and encourage the continued viability of agriculture according to the Smart Growth America Building Better Budgets Report from May 2013.

In general, smart growth development costs one-third less for upfront infrastructure, saving an average of 38 percent on upfront costs for new construction of roads, sewers, water lines and other infrastructure. Many studies have concluded that this number is as high as 50 percent.

Priority Development Areas include areas with significant potential for economic development as well as areas that are already relatively densely developed with housing, commercial or industrial uses. These areas were identified based upon the following criteria:

• Access to transportation, including the Interstate Highway System, the State highway network, and the Genesee County Airport;
• Feasibility of extending or enhancing public water service;
• Availability or potential for extending other public infrastructure and services to support development;
• Minimal conflict with land in County Agricultural Districts and State regulated wetlands; and
• Minimal conflict with land identified as an Ecological Network or Natural Asset Core by the Green Genesee Smart Genesee Project.

Designated Priority Development Areas include land in and surrounding the City of Batavia, Village of LeRoy and Village of Bergen, and other villages and hamlets in Genesee County.

To learn more about the report and future of Genesee County’s water project, click HERE for the report.

Press Release

Arc GLOW, a chapter of Arc, NY, that provides innovative supports and services to people with intellectual and/or developmental disabilities in Genesee, Livingston, Orleans, and Wyoming Counties announced that it has sold its trash collection and transfer station to Casella Waste Systems, Inc. (Casella) a regional vertically integrated solid waste, recycling and resource management company headquartered in Rutland, Vermont.

More than 20 years ago, the Arc of Genesee opened its trash center to fill a need for theCity of Batavia, help create jobs, and produce a positive revenue stream for the organization. Now, to position itself better for the future and focus on its core mission, Arc GLOW has decided to move away from the waste and recycling industry.

“We’ve truly appreciated having the citizens of Batavia as our customers. They have been amazing advocates for our organization and the people we support, and we believe that this new partnership with Casella will help Arc GLOW focus on its core values and allow our organization to meet the needs of the people we serve in a financially sustainable way,” said Martin Miskell, Arc GLOW CEO. Casella will  continue operations utilizing the existing Arc GLOW property and staff on West Main Street in Batavia, including the Transfer Station which will be operated by an Arc GLOW work enclave with the same familiar faces that customers have been accustomed to.

Casella, which has successfully implemented similar innovative employment programs through partnerships with other organizations such as Goodwill Northern New England, has a strong presence in Batavia, providing sustainability services including trash and recycling collection to area residents and businesses.

“We’re proud to be a strong community partner in Batavia and believe that the work that has been done by Arc GLOW over the years is inspirational and aligns well with our core values,” said Casella Chairman and CEO, John W. Casella. “Casella was established nearly 50 years ago, and we believe that growing and supporting our people so that they can provide outstanding service to our customers and their communities is central to everything we do.”

Arc GLOW intends to use the funding from the acquisition to invest in its programs and services to help meet the needs of the people and families they support. According to Miskell, this has become a challenge in recent years.

“In a field where our funding is consistently being squeezed, this injection of capital will position our organization for the future. We are evaluating every program and service we provide to ensure we are meeting the needs of the people in our community. I encourage every parent, family member, or community member to reach out if there is a specific need that we need to reach.”

Current Arc GLOW customers will be contacted directly with more information on what the acquisition means for them, and both organizations feel that customers will experience very little, if any change in their current service.

As first reported by The Batavian in May, prior coverage can be found HERE

UPDATE: Statement from Martin Miskell, chief executive officer, Arc Glow

I am excited to tell you that we have sold our trash and recycling business along with the West Main Street property to Casella.

For many of you, this has been the worst-kept secret in Batavia.

We could not acknowledge anything until the deal was finalized as Casella is a publicly traded company and has to abide by the regulations of the Securities and Exchange Commission.

I know change can be hard and many citizens of Batavia and the surrounding area have been great supporters of the Agency but, this will help the Agency move forward into the future.
 

Why did we sell?

• The number of jobs provided to individuals we support has shrunk dramatically over the years.
• Our fleet was very old and would have been very costly to replace.
• We have been losing money for quite some time.
• The competition has increased dramatically in the last 10 years. The larger companies have greater economies of scale and can charge less than we can for the same service.
• We were able to sell the business when it was still valuable.
• We will be able to use this money to reinvest in our fleet, facilities, and our IT. This in turn will help us provide a higher quality of service to those we support.
• Casella has agreed to hire all staff who want to stay on with them.
• Casella has agreed to keep the transfer station open to the public and has signed a contract with us to have an Arc GLOW work enclave along with a job coach run the transfer station.
• Casella has given us the last three and a half years of their lease on Apollo Drive in Batavia as part of the deal.
• Casella has become a valuable corporate partner and will continue to help us with our annual membership drive and be a financial supporter of the Agency.

What’s happening next?

• We have six months to move out of the West Main Street location.
• Transportation will be moving to Apollo Drive, which is a great facility.
• Genesee Data Management (GDM) is also moving to Apollo Drive.
• Facility Maintenance will be moving to Walnut Street.

How about some oysters, libations, and a little exercise to liven up your Thursday?

Boxing and Brews will provide just that for $5 at Farmer's Creekside Tavern. Anyone can participate in the event hosted by the Le Roy restaurant and Beyondriven Fitness and Performance’s BeyondBoxing program, co-owner Casey Mehlenbacher says.

The event is set to begin at 6 p.m. Thursday at the tavern, 1 Main St., Le Roy.

“You do not need to be a Beyondriven member to sign up. No previous boxing experience is required,” Mehlenbacher said.

“Boxing gloves will also be provided if you do not have your own. BeyondBoxing is an eight-round, 45-minute workout that incorporates boxing combined with accessory movements designed to burn fat and help tone muscle.”

Class will be “upbeat, high energy, and most importantly, fun,” Mehlenbacher said.

“We constantly hear from attendees how the time ‘flew by' and how much they enjoyed the class,” he said.

This is a first-time Boxing and Brews event at Creekside. All attendees will receive a free drink token that can be redeemed at the bar after the workout. Creekside will also be running specials for buy-one-get-one-free drinks and $1 oysters after the class.

Participants are asked to show up by 5:50 p.m. to get ready for class on the south deck of the tavern. The rain date will be Sept. 1.

Why offer a boxing fitness class at a restaurant? To build muscle and burn fat, of course, in an upbeat, fast-paced environment, Mehlenbacher said.

“We also are strong believers in supporting local businesses and engaging in positive community-building events. We are certain that this Boxing and Brews event will meet all of the above criteria,” he said.

Register HERE.

Photo from farmerscreekside.com

Dean Gardner

Dean Gardner, Jr., 45, no street address provided, Pavilion, is charged with menacing 2nd, criminal obstruction of breathing or blood circulation, attempted arson 2nd, criminal possession of a weapon 3rd, and criminal possession of a weapon 4th. Gardner is accused of attacking a victim in a car on Warsaw Road at 3:16 p.m. on Aug. 20. According to Le Roy PD, Gardner is accused of choking the victim until she was no longer able to breathe.  He then allegedly grabbed a gas can from the back of his truck and poured gas on the driver's seat of the vehicle and attempted to light it on fire with the woman still in the passenger seat.  She attempted to call 9-1-1 but was too afraid that Gardner may have heard her talking with dispatchers. She hung up the phone and sent a text message to dispatchers requesting help. Officers John Ceneviva and Jordan Wolcott responded to the call.  Gardner was placed under arrest. He was arraigned in Town of Le Roy Court and released on his own recognizance, set to return to court on Sept. 15.

Kevin Weber

Kevin J. Weber, 51, of Batavia, is charged with assault 2nd. Weber is accused of beating a housemate during an argument over a beer at 7:31 p.m. Aug. 13. He was arraigned in City Court and ordered held in jail on an unspecified amount of bail.

Nakita N. Shook, 36, of Batavia, is charged with harassment 2nd. Shook is accused of hitting another person in the face during a disturbance at a rooming house on East Main Street, Batavia, at 6:51 a.m. Aug. 13. Shook was arraigned in City Court and ordered to return Sept. 1.

Kenneth S. Griffin Jr., 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and aggravated unlicensed operation. Griffin was stopped at 3:30 a.m. Aug. 13, on Jefferson Avenue by a Batavia patrol officer. He was issued an appearance ticket.

Kimberly J. Grover, 56, of Perry, is charged with criminal possession of a controlled substance 7th, DWAI-Drugs, inadequate exhaust system, and broken windshield. Grover was stopped by a Batavia patrol officer at 12:30 a.m., Aug. 9, on East Avenue. He was issued an appearance ticket.

Kimberly A. Fox, 44, of Vine Street, Batavia, is charged with harassment 2nd. Fox was arrested on a warrant. She is accused of physically harassing another tenant in her multi-unit dwelling. She was arraigned in City Court and released on her own recognizance. 

Adam B. Thomas, 33, of Batavia, is charged with criminal mischief 4th. At 4:35 p.m. on Aug. 14, police responded to a location on West Main Street to investigate a trespass complaint. While on scene, officers were informed that Thomas was suspected of ripping off the toilet seat in the women's bathroom and refused to exit the building. He was issued an appearance ticket.

Alicia M. Lyons, 42, of Batavia, is charged with harassment 2nd. Lyons is accused of kicking another person in the leg causing a minor injury at 11:38 a.m. Aug. 14. 

Eric P. Doleman, 52, of Corfu, is charged with petit larceny. Doleman is accused of stealing a Reese's snack cake from a gas station on West Main Street, Batavia, at 3:40 a.m. Aug. 13. Doleman was issued an appearance ticket.

Andrew A. Searight, 35, of Niagara Falls, is charged with failure to appear. Searight is accused of failing to appear in City Court as ordered on June 21. Searight was arraigned in City Court and ordered to appear on Sept. 7.

Justin Mark Davis, 31, of Chili Avenue, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, insufficient tail lamps, and driving without a court-mandated interlock device. Davis was stopped at 11:45 p.m. Aug. 11 on Clinton Street Road, Bergen, by Deputy Trevor Sherwood. He was processed at the Genesee County Jail and released on an appearance ticket.

Jay Michael Blatchley, 49, of Bank Street Road, Batavia, is charged with petit larceny. Blatchley is accused of stealing $82.06 in merchandise from a retail store on Veterans Memorial Drive, Batavia, at 7:01 p.m. on Aug. 16. He was processed at the Genesee County Jail and ordered to appear in court on Aug. 23.  NOTE: The Sheriff's Office withheld the name and address of the retail store.

Jamie Aaron Dutton, 30, of Buell Street, Batavia, is charged with burglary 3rd, criminal possession of a controlled substance, and petit larceny.  Dutton is accused of entering Walmart in Batavia at 7:55 p.m. on Aug. 18 with the intent to commit a crime. He was located at a different location by Deputy Andrew Mullen and K-9 Frankie.  He was arraigned in Genesee County Court and ordered to appear in Town of Batavia Court on Sept. 13. Deputy Zachary Hoy investigated the case.

Jonah Lee Epps, 20, of Elm Street, Batavia, is charged with driving while ability impaired by drugs. Epps was arrested on Aug. 20 and charged in connection with a property damage accident reported at 9:21 p.m. on June 16 following the return of laboratory results.  The case was investigated by Deputy David Moore and Deputy Nicholas Chamoun. Epps was issued an appearance ticket. 

Danielle Katherine Kellogg, 24, of Pembroke, is charged with harassment 2nd.  Kellogg is accused of hitting another person causing a minor injury at 2:49 a.m. on Aug. 18, at a location in Pembroke. She was arraigned in Pembroke Town Court.  

Rachael Anne Gillespie, 31, of Main Road, Stafford, is charged with felony DWI and felony driving with a BAC of .08 or greater.  Gillespie was stopped at 8:14 p.m. on Aug. 19 on Sharrick Road, Darien, by Deputy Alexander Hadsall. She was issued traffic tickets and released.

Sandra Lynn Shifley, 39, of Bird Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Shifley was arrested following a report of a property damage accident, a vehicle had struck a road sign, at 7:17 p.m. on Aug. 20 on North Bergen Road, Byron. Shifley was transported to the Genesee County Jail for processing and issued appearance tickets. The accident was investigated by Deputy Jacob Kipler.

Fidel Vargas-Sondoval, 46, of Glenbrook, Rochester, is charged with criminal mischief 3rd. Vargas-Sondoval is accused of slashing tires on Washington Street in Le Roy on Aug. 15.  Vargas-Sondoval was arraigned in Town of Le Roy Court, an order of protection was issued, and he was released pending a future court appearance. 

Austin J. Kettle, 28, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kettle was stopped at 11:58 p.m. on Aug. 19 in the Town of Pembroke by State Police. He was issued an appearance ticket.  No further information released.

Blake R. Johnson, 37, of Canandaigua, is charged with DWI and driving with a BAC of .08 or greater. Johnson was stopped at 3:20 a.m. on Aug. 20 in the Town of Batavia by State Police. Johnson was released on an appearance ticket. No further information released.

Jarrett Coniglio

A 29-yar-old Basom man has been indicted by a Genesee County Grand Jury of attempted murder in the second degree, a Class B violent felony.

Jarrett C. Coniglio, a Bloomingdale Road resident, is accused of attempting to stab another Basom resident to death.

He is also indicted on counts of assault in the first degree, a Class B violent felony, criminal possession of a weapon in the third degree, intimidating a victim or witness in the third degree, criminal mischief in the fourth degree, and menacing in the third degree.

The victim was a witness in another criminal matter, according to the indictment, and Coniglio was attempting to prevent that person from communicating a witness statement to authorities.

The incident took place on April 11 at a residence on Sandhill Road in the Town of Alabama.

On June 1, Coniglio was sentenced to five years in prison on an assault in the second-degree conviction. 

That charge stemmed from a July 23, 2021 incident on Bloomingdale Road in which Coniglio snuck up behind a neighbor and hit him over the head with a bottle.

Coniglio's brother, Justice C. Coniglio, was also charged with assault in the second degree. Both were also accused of fighting with deputies when officers attempted to arrest them. A K-9 handler was injured during the scuffle.

On June 7, Justice Coniglio entered a guilty plea to the assault charge.

Previously:

• Law and Order: K-9s in Batavia and Alabama assist in arresting violent suspects
• Basom man accused of attempted murder after knife attack reported
• Basom man involved in scuffle with deputies pleads guilty to assault
• Claims of being 'family-centered' no help for Basom man's sentence

Raul Cruz

One of two men indicted by a Genesee County Grand Jury of murder in a double homicide in March was arraigned on those counts in Genesee County Court this morning.

The arraignment of Raul Cruz, 18, of Warsaw, went through standard court procedure -- ensuring all evidence that is available (discovery material) has been turned over to the defense, ensuring the prosecution is ready for trial, setting dates for motions, and reviewing the defendant's bail status.

Cruz entered a not-guilty plea for the murders that occurred in Alexander earlier this year.

There will be more evidence in the case coming from the crime lab, District Attorney Kevin Finnell told Judge Melissa Cianfrini Lightcap.  He indicated there is still a substantial amount of evidence in the case for the lab to process, however, upon questioning by Lightcap, Finnell said he has sufficient evidence already to prosecute the case and is ready to proceed to trial.

Before a trial date is set, the defense has the right to file motions in the case challenging evidence and witness statements, and the prosecution is given time to prepare counterarguments before the court holds a hearing on those motions.

Defense motions are due on Oct. 6, with answers due on Oct. 13.  A hearing on motions is scheduled for 11:15 a.m. Oct. 17.

Cruz is being held without bail, but Genesee Justice has yet to conduct a bail scoring worksheet, which is normally part of the bail review process and provides the judge with information on a defendant's flight risk. Defense Attorney Fred Rarick asked that the worksheet be completed before he makes a motion on his client's bail status.  In the interim, Lightcap ordered Cruz to continue to be held in the Genesee County Jail without bail.

Both Prince N.K. Wilson, 23, of Albion, and Cruz are accused of killing Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander on March 11.

Morales was 30 and Hernandez, 29.  Both were born in Mexico and had been employed in the U.S. for an unspecified amount of time.

They were indicted last week by a Genesee County Grand Jury on counts of murder in the first degree, murder in the second degree, arson in the second degree, and petit larceny.

Cruz and Wilson are accused of killing Morales and Hernandez, of setting the fire, and of stealing cash, a suitcase, a laptop, and other personal property.

Wilson is scheduled to be arraigned on Friday.

Previously:

• Two men in custody in Alexander double homicide
• Victims in Alexander double homicide identified
• Defendant in double murder claims he's not getting along with his attorney
• Two men indicted on murder counts in deaths of two men at Alexander dairy farm