This is from a recent edition of an email newsletter published by Investigative Post.

The Batavian has drawn a fair amount of attention over the years for being a successful online, for-profit news organization. What’s been left unsaid is its practice of writing favorable stories about its sponsors and advertisers, in particular, the Western Regional Off-Track Betting Corp. Owner Howard Owens was at it again the week before last, penning another story that echoed the OTB party line (sic on the link). 

The Post is a Buffalo-based startup news not-for-profit that doesn't attempt to offer its community complete and comprehensive coverage but rather to cherry-pick the stories it chooses to write.

The publication has been on my radar for a while for its sensationalistic, often incomplete reporting.

Now it is attacking me and my publication, and I think that deserves a public response.

Yes, we're for-profit (though, honestly, it's not that much profit, just enough to keep us in business). And I've known plenty in the nonprofit news sector who consider advertising-supported news to be unethical. Throughout my career, going back to 1986, I've come across no shortage of reporters and editors who thought news should be a charity case.

In 2010, I was in Chicago at the first gathering of small, independent online news publishers. Several of the publishers represented start-up nonprofits. At one session, somebody in the middle of the room stood up and said, "Can we all agree right now that advertising is evil."

I responded by saying essentially that advertising support is far superior to the nonprofit model because you have a greater diversity of revenue.  If you're doing it right, no one advertiser is going to be able to hold you hostage.  If the need arises to report something negative about a business, you can do so without fear or favor because if that advertiser cancels its promotions, it's not going to put you out of business.  It likely won't even mean significant cuts in expenditures.  No layoffs. No furloughs. Nobody is hurt.

That diversity of revenue gives us a lot of freedom to report what is factual and honest without succumbing to threats. 

I don't give in to blackmail.

For example, by a hard-and-fast policy, we run all arrest reports without favoritism.  I've written up arrests of good friends, people I know well and respect. I've had volunteer firefighters, who I have a soft spot for, call me and ask me not to run their arrests. There's no shortage of people calling and asking that we just make this one exception this one time.

But it would be unfair to all the people I don't know, the people who have no connections or advantages or even think to call, to play favorites.  We run all arrests we receive from local law enforcement. Period. No exceptions. That has cost us money and hard feelings, no doubt.

Over the past 15 years, three business owners have been arrested (that I know of).  In the first case, the advertiser had -- the week before he was arrested -- said he wanted to double his spending with us.  The day after we ran news of his arrest, he canceled his ad.  He's never advertised with us again.  In the second case, the business owner called a staff member and rudely and profanely canceled her ad.  In the third case, a friend of the advertiser called me and warned me about running his arrest report. This business owner was a top-tier advertiser.  We ran his arrest report the following week when we received it, and he canceled his ad and hasn't run with us since, nor will he again as long as I own The Batavian.

In another case, we ran a story about a local organization that mentioned a newsworthy faux pas by the director.  The next time we called for an ad, she said no, citing our previous story.  

Look, if an ad buyer has some business reason for not advertising with us and we can't convince that person about why they're wrong, it's the ad buyer's right not to buy an ad from us. But when a buyer tries to blackmail our coverage, that's a line ad buyers are not allowed to cross, as I made clear to this particular ad buyer. We don't change the course of an article to please an advertiser; that's what journalistic integrity is all about.

Batavia Downs
Yes, there's no hiding the fact that Batavia Downs is a major advertiser.  And yes, we put effort into covering most of the Downs' good news stories (Wiener Dog races, donations, concerts, etc.). Some of this stuff is just fun to cover.  And being a comprehensive local news publication, or at least trying, we cover positive events as well as news that is less than favorable to people and places.  A news outlet that isn't covering what is good in a community is not serving the community. It's a drain on the community if all the news is negative and sensational, something the folks at Investigative Post clearly don't understand.

I don't think positive stories about local businesses are a bad thing. They are not unethical. Investigative Post seems to disagree, based on the statement above.  We cover a lot of business openings.  We celebrate significant business anniversaries and expansions.  We make it to as many ribbon cuttings as we can.  I think successful small businesses are critical to a healthy local community (one of my major complaints about not-for-profit news outlets is they often ignore their locally owned shops, which ill-serves their communities). You will never see positive coverage of locally owned businesses in the Post because, you know, "advertising is evil," which means small business owners don't matter to the "serious journalist."

As for Batavia Downs and what it means to The Batavian: If Western OTB canceled all spending with us, yes, it would hurt. It would hurt a lot. I'd probably cry. But it wouldn't put us out of business, not with our diversified revenue streams (something Early Access Pass is slowly helping with, as well, so please join). If that happened, we would cut back on some spending but nothing that would hurt our employees.

Our main reporter for Western OTB is Mike Pettinella.  He's a freelancer, which is ideal in this circumstance because, in accordance with state employment law, I have limited ability to direct his work.  He chooses his own stories for the most part (I can suggest stories), and he chooses how to cover them. Investigative Post is making it sound like I cover Western OTB, but I've only ever been to two meetings of the board, and I've done only one significant story about the organization's legal issues. This is by design. I recognize that Batavia Downs is a major advertiser.  When Mike is available to cover OTB, his coverage provides a degree of separation between me and that business interest.

Mike is an experienced and professional reporter.  He does something that the folks at Investigative Post often fail to do -- he makes sure all sides are represented.  He doesn't cherry-pick. He doesn't sensationalize.  He just reports the story straight.

It seems the folks at IP think we toe the "OTB party line" (itself a loaded phrase that betrays the Post's bias).  No, we just ask Henry Wojtaszek questions and are careful not to misquote him or misrepresent him. Apparently, the folks at IP equate telling a balanced story, letting both sides have their say, with biased coverage. That tells us something about their mindset. Being fair is biased when your view is already made up about a person or entity. 

It's almost like they want to try and cower another publication from calling into question their shoddy reporting.

Take, for example, their latest report on Western OTB's legal fees.

OTB shells out millions for lawyers and lobbyists

The basic presumption of the article is biased, that Western OTB isn't entitled to respond to legal challenges.

Legal challenges that were largely created by the past sensationalistic reporting by IP on Batavia Downs, a fact IP pretty much admits to:

Investigative Post used 2018 as a benchmark for spending on lawyers and lobbyists because OTB operated in relative obscurity until Investigative Post began reporting on its problems that December.

Investigative Post considers mistakes and oversights to be "problems," implying misdeeds in the context of the story.  More bias.

An old journalist's trick to justify reporting on something you think should be scandalous is to find somebody to criticize it without full transparency about the source's agenda or finding a way to balance his or her opinion.  IP has those sources, an Erie County elected official with a political agenda and a former disgruntled OTB executive.  Not that there is anything wrong with giving those people a platform to speak their minds, but knowing up front that they are biased against the target of a story, a fair so-called investigative reporter would seek out sources who might have a different point of view, particularly the chief spokesperson for the agency in question, in this case, Henry Wojtaszek.  Of course, Wojtaszek refused to comment on this particular story, but who can blame him, given the IP's history of sensationalizing its coverage of OTB?  But surely, the reporter, J. Dale Shoemaker, could have found another legal expert to address the issue that would balance the story, perhaps noting that these expenses are not out of line given what OTB has had to deal with since December 2018.

We now know that Shoemaker could have called City of Rochester OTB representative Dennis Basset for a less sensationalistic take on the legal expenditures, though one suspects that Shoemaker didn't much like Bassett's response to his questions following Thursday's OTB meeting. There are surely other board members who support Wojtaszek who would have shared their views on the matter.

Then there is this quote from Mike Nolan, the former OTB employee, that is presented naked of any meaningful context. 

“As a former chief operating officer, the costs that you’re speaking to seem to be extraordinarily high from what they were in years past,” he said.

Well, of course, costs have gone up since Nolan left.  He's one of the reasons for higher legal costs since he filed a lawsuit against Western OTB alleging wrongful termination.  And since he's left, there have been other questionable attacks on Western OTB that officials there feel the need to defend.  Why is it surprising that the agency's legal costs have gone up? And isn't it the right of OTB leadership to defend themselves against what they see as unfair and legally misguided attacks?

Here's their most significant 2018 story reported by IP:

OTB’s part-time board enjoys gold-plated perks

This started the ball rolling on the accusation that the OTB board has illegally or improperly provided itself health care insurance.  In the one story I've written on this topic because Mike Pettinella wasn't available, Wojtaszek explained how this issue has been misrepresented. The interview was in response to a now-dismissed lawsuit by George Maziarz (who was represented by another Erie County Democratic politician, Nate McMurray). (It's worth mentioning that this story gave Maziarz his say and allowed Wojtaszek space to respond -- fair and balanced reporting, as it should be done).

As for health insurance for board members, Western OTB has attorneys working on the issue.  The agency does not agree that board members can't receive health insurance coverage.  

While Maziarz says that the Comptroller's Office and a legal firm hired by Western OTB say the practice is illegal, the issue doesn't appear to be that cut and dry. There is an older Comptroller's opinion that says the practice is permissible.  The memo on the topic, prepared by attorneys Gabriel M. Nugent and Robert J. Thorpe for the board, cites the 1978 opinion as well as the later opinion and suggests board members no longer accept health insurance.  It doesn't, as Maziarz claims, call the practice illegal.  

Health insurance, Wojtaszek said, is justified because pretty much every other public benefit corporation in the state offers it, and Batavia Downs operates in a very competitive environment and needs to attract and retain the most qualified board members. 

The other issue addressed by Wojtaszek is the allegations first raised by IP and echoed in the Maziarz suit is the use of free tickets to sporting events.

Batavia Downs acquires tickets as perks for high rollers and special guests, Wojtaszek said.  A host from Batavia Downs typically accompanies these guests to the events. The role of the host is to ensure things go smoothly that people get their tickets, get into the venue, receive the service expected for the event, and that the host takes care of any issues that arise.

"Previously, if you were host, we provided a ticket to the host and then the host was allowed to bring a guest with them," Wojtaszek said. "At that point, they may have brought somebody from a wife, a husband, a son, or a daughter with them. We have since corrected that. Subsequent to the recommendation from the compliance company, it's just a host who takes care of whatever event, hockey game, football game, concert, and I think we're doing it properly now."

He said that the accusation that board members could just casually ask for tickets to Bills or Sabres games at board meetings and receive them misrepresents what actually took place. He said anybody, including board members, could ask for tickets on behalf of patrons of Batavia Downs.  They were not, he said, asking for themselves and friends and family.  However, to help improve the procedure, all requests must now be in writing and clearly state who is receiving the tickets. 

There were about 100 tickets unaccounted for, not the thousands previously alleged.

Balanced Coverage
These are just two examples where the Investigative Post has sensationalized stories and misrepresented the truth. If you search the Post's website for "Batavia Downs," you will find four pages of sensationalized headlines and stories, a regular drum beat of negative story angles. What you won't find are stories about record revenue, about Democratic board members backing Wojtaszek's leadership, record distributions to counties, in-depth interviews with Wojtaszek addressing the allegations against him and the board, the Downs' support of area charities, any of its concerts, or its successful Night of Champions.  It seems that anything positive about Batavia Downs would disrupt the flow of IP's "corruption" narrative.

Shoemaker was so eager to push the corruption narrative that he used that loaded word with Bassett in an interview after the board meeting on Thursday.

Clearly, Shoemaker didn't like Bassett's full response to his question because he truncated the key portion of Bassett's quote in his report on the meeting. 

"I think corruption is a very strong term," he said. "I've been on this board, as I said, 14 years, and I don't see corruption."

The denial of corruption by a Democrat completely upsets the narrative being pushed by the Post, so of course, Shoemaker didn't include it.  Shoemaker's article on the whole overlays and misrepresents Bassett's discussion of "reform."  Overall, Bassett concentrated on how well Western OTB is doing and that it is important to stay focused on the business of the operation and its success and not be distracted by politics.

Shoemaker also left out Bassett's statements about changes and reforms already undertaken, instead focusing on potential further "reforms."  Again, it would disturb the narrative to report that Wojtaszek and the board have actively responded to criticism and made changes.

If your news business model is to always attack and criticize without ever recognizing the good in people or institutions, then that's a flawed business model. As long as Investigative Post maintains that business model, all it will do is hurt its credibility with fair-minded people while partisans cheer them on, giving them the illusion that they're doing everything right.

It's worth noting that nobody yet, not even the Post, has turned up any evidence of corruption.  Mistakes, yes, as Wojtaszek has owned up to, which IP hasn't reported. Throughout five years of constant badgering by IP and others, no illegal activity has been identified.  Yes, there is an FBI investigation (which is helping drive up OTB's legal costs), but that has been ongoing for years -- apparently, but the FBI never confirms anything -- and an investigation is not proof of illegal activity. Yet IP throws around the word "corruption" often enough to convince me that the folks there clearly believe OTB is corrupt.  In old-school journalism, we call that kind of belief "bias." 

GCEDC
Based on a prior email conversation with Shoemaker, the folks at Investigative Post also seem to think we pander to GCEDC because GCEDC bought some ads from us.  Yes, GCEDC this year -- for the first time -- placed some ads with The Batavian.  The entire expenditure is less than one percent of this year's revenue. Yet Shoemaker called into question my ethics. He was ticked that I wouldn't grant him an interview about the ad buy.  Why? Because I don't trust the Investigative Post, which I made clear to him.

We've had no issue in the past reporting stories that are unfavorable to GCEDC's agenda. Most notably, we brought attention to GCEDC's plans to use tax incentives for remodeling at Batavia Towne Center. Those design changes would eventually, as expected, lure Dick's Sporting Goods to Batavia. Tax incentives to support retail businesses are a questionable use of an IDA's power since locally owned businesses can be damaged.  In fact, both businesses mentioned in the story above are now out of business.  I know for a fact that our stories did not please, to put it mildly, the folks over at GCEDC.

Tainted Money
So let's return to the for-profit vs. not-for-profit debate.  

I've encountered the arrogance of nonprofit publishers many times over the past 15 years. They think that because they are not driven by profit in capitalist terms, their motivations are pristine.  And that is their blind spot.  All news organizations need to bring in more revenue than they spend and set some aside for inevitable revenue shortfalls when business cycles take a dive, as financial disclosures show Investigative Post does.

Here's the thing though: All money is tainted in some way. The need to raise money to fund journalism doesn't isolate the publication's leaders from pressure to shade coverage. It doesn't matter if you operate with a profit motive or without.  As Bob Dylan sang, "You've got to serve somebody."  

If you rely on advertising, you might be tempted to bend to an advertiser's will (though, as I explain above, this is less likely, but I have seen it happen).  If all of your revenue comes from readers, either through subscriptions or memberships, then you will be more likely to cater to the will of the readers, who don't always see the full picture or have a balanced view of the world. For example, if you're a publisher in a largely progressive Democratic community, you're going to be hard-pressed to publish stories that run against that orthodoxy.  If nothing else, you'll be less welcome at swank cocktail parties. And, finally, if all your revenue comes from donors, you're going to be beholden to your largest donors.  

If most of your donors are institutional -- meaning big annual grants -- you're only going to get grants if your operations conform to the foundation's political ideology if they have one, and in my experience, many do, either left or right, because that's why they get into the business of handing out money -- to push agendas.

Investigative Post reported $434,875 in donations in 2022. Jim Heaney, the founder, editor and executive director, was paid more than $70,000. That isn't exorbitant for his leadership position, but clearly, he needs the Investigative Post to be successful if he wants to continue earning that salary in an era when good-paying journalism jobs are hard to come by.

The Post lists among its major donors some fairly progressive, left-leaning funders, such as the Wallace Global Fund, the Rowboat Family Foundation, and the Knight Foundation (this might surprise some, but I have personal experience dealing with that foundation's agenda-driven contributions in another organization where I served on the board).

These potential ties to Democratic donors, and the need to pander to mostly Democratic Erie County, are important to think about because the reporting of the Post has helped lead the the disenfranchisement of the rural counties that are members of the OTB board of directors.  Earlier this year, Democratic State Sen. Tim Kennedy of Buffalo pushed through legislation that weighted the OTB board voting in favor of the Democratic-dominated counties of Monroe, Niagara and Erie. 

For the Investigative Post, mission accomplished, perhaps. The problem is the current board seems to favor Monroe County's Bassett, who seems to support Wojtaszek, as its new chair, with one notable exception. Erie County's board member Jennifer Hibit blocked Bassett's appointment to chair. 

Isn't it interesting that an Erie County Democrat, Sen. Kennedy, wrote legislation to put enough power in the hands of Erie County's Democrats that one OTB member can thwart the will of the rest of the board, including non-Erie County Democrats? A more cynical and conspiracy-minded person (and I hate conspiracy theories) would suspect that Erie County Democrats, aided and abetted by the Investigative Post, are trying to angle to gobble up more of the revenue generated by Batavia Downs.  Legally that might be difficult, but way less difficult for Erie County Democrats to pull off is selling Batavia Downs to the Seneca Nation or the politically connected Delaware North (where Gov. Kathy Hochul's husband works UPDATE: A couple of days after publication I was informed Bill Hochul recently left Delaware North). Don't be surprised if there is pressure from the governor's office on Monroe County to remove Bassett from the OTB board. Would Heany and Shoemaker call that corruption? 

And don't expect the Investigative Post to question the motives of the Democratic Party when it comes to Western OTB.

Savarino and Elliott Station
If the Post isn't just about pushing a political agenda and really, truly, about investigating questionable conduct, why hasn't it written anything about Sam Savarino and Savarino Companies? 

Savarino is one of Buffalo's most prominent developers and has been involved in multiple projects supported by taxpayer dollars, which is normally just the kind of target the Post likes.

As The Batavian has pretty much exclusively reported -- Ellicott Station was sold to the community first as market-rate housing, then as workforce housing, only to find out it was really intended to be very low-income housing with subsidized rents. The Investigative Post has called into question our relationship with GCEDC, but that reporting by Joanne Beck led to a less-than-pleasant phone call from a GCEDC official.  Of course, we knew our reporting would upset some people locally, but we did it anyway because it was the right thing to do.

Since then, Savarino Companies has gone out of business. The result, apparently, of questionable dealings with Alfred State and New York State, leaving, we're told, multiple projects incomplete, including Ellicott Station.

This is surely a situation that begs for more investigative reporting. We're doing our best to push hard on the Ellicott Station issue, the only news organization to do so, even though we must rock some boats in the process, but we don't have the resources to commit to a major investigative project. A developer of Savarino's history certainly has a deep and long paper trail an investigative reporter could explore. I would love to do it, but I wouldn't be able to cover soccer and basketball games, school board meetings, planning board meetings, town board meetings, community events, and other such news that I'm sure Heany finds beneath his dignity.  All my time would be taken up by digging through Savarino documents and ferreting out sources.

Meanwhile, the Investigative Post is generating substantially more revenue than we are, has a much larger staff with only one charge -- digging up dirt -- and they're letting Sam Savarino off the hook.  Why?

My only guess is it has something to do with Savarino being a major contributor to Investigative Post and sitting on the board of directors.

Talk about a conflict of interest for Heaney. He's living in quite the glass house, but he wants to throw stones at me.

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Genesee County’s Legislature approved a slate of resolutions Wednesday, including funding to cover a budget shortage in the Sheriff’s Office due to overtime pay and fringe expenses for services to outside agencies, including for the air show and Darien Lake.

During the Public Service meeting earlier this month, Undersheriff Bradley Mazur explained a shortage of more than $120,000 due to overtime costs, due at least in part to sheriff’s deputy details at the Wings Over Batavia air show and at Darien Lake concerts during this calendar year.

The Legislature approved expenses of $95,000 for the additional overtime in police services, $5,890 for Social Security tax, $1,378 for Medicare tax, and $18,525 in retirement costs, for a total of $120,793. 

The county will recoup those expenses by billing the agencies where sheriff's office services were rendered, county Manager Matt Landers said. 

The Legislature also approved an increase in revenue to the Sheriff’s Office from STOP-DWI grant funds in the amount of $12,607 to cover the cost of the High Visibility Enforcement Campaign details worked in 2023.

Genesee County law enforcement agencies, including the Genesee County Sheriff’s Office, City of Batavia Police Department, and LeRoy Police Department, will be participating in a coordinated effort with the STOP-DWI program this coming week to bring awareness to the dangers of impaired driving. 

The statewide STOP-DWI Impaired Driving High Visibility Engagement Campaign begins Friday and goes through Tuesday.

The message is simple: Designate a driver, and don’t let alcohol take the wheel. When it comes to impaired driving, “Halloween can turn the roads into a horror fest,” organizers say. 

While families spend time with their children trick or treating and hosting parties with loved ones, law enforcement officers and STOP-DWI programs across New York State will participate in special efforts to stop impaired driving, prevent injuries, and save lives.

The STOP-DWI Halloween High Visibility Engagement Campaign is one of many statewide initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

Pembroke Town Supervisor Thomas Schneider Jr. is well aware of social media comments in opposition to a planned apartment complex on Route 77 and understands people's concerns, he says.

But he hasn't received a lot of direct contact from opponents at Town Hall. 

"We do hear the concerns," Schneider said after Thursday's board meeting. "One thing is the zoning has been in place since 1991. We've been working under the same zoning. I know it's sometimes hard for people to be informed, but if you don't know what's in your zoning, you can't be shocked when something comes in that's allowed in the zoning with a special use permit or buy right."

The project is approved. The Town Planning Board approved it on Sept. 27.  On Thursday, GCEDC approved an incentive package for the project.  There's no amount of opposition that can stop it now.

But even if there had been greater opposition before the approvals, mere opposition from community residents isn't enough to stop a development that meets all the legal requirements to be built at a specific location.

"According to state law, you shouldn't turn it down just because public opinion is 'we don't want it,'" Schneider said. "There should be a justifiable reason, an evidence-based reason, to turn it down."

Developer Mike Schmidt of Alden is planning to build four buildings over four phases at 8900 Alleghany Road. Each phase consists of a building with eight one-bedroom and 16 two-bedroom units, totaling 96 market-rate units, with 168 parking spaces along with garages.

Schmidt is planning on investigating $15 million in the project.

GCEDC on Thursday approved a sales tax exemption estimated at $739,200, a property tax abatement estimated at $2,020,688, and a mortgage tax exemption estimated at $130,000.

Schneider said he personally supports the project.

"My personal feeling on the whole thing is, as a former school board member, there are people who want to be in our district," Schneider said.  "Our district does need kids in the district to help it survive."

He said he has met with Schmidt, and he believes Schmidt will do what he says he's going to do.

"I think he's a man of his word," Schneider said. "I don't see him as wanting to have subsidized housing (meaning HUD aid to tenants). The EDC said they're gonna pull the incentives if it is subsidized, so I am not concerned about it. I think there's a lot of change going on in the town this year that has people a little squeamish, but we need to grow."

Growth is part of the town's approved Comprehensive Plan, he said.

"I think that's the direction of the town board's past and present," Schneider said. "The comp plan in the town says (routes) 5 and 77 and 33 should have more intensive type of commercial build-outs."

The project did raise some issues with current zoning, Schneider noted during the meeting, and he's proposing the town work on making some changes to the zoning code with a moratorium on some development until the changes are approved, which could take about a year to get through the legal process.

One example he used of an area to be addressed is bus access to an apartment complex site. 

"Things like that we can actually write into the zoning law," Schneider said. "That really takes it out of the hands of the planning board or, (not having) them having a struggle with what type of stipulations to put in the (approval). Let's spell it out."

He stressed he is not proposing a complete ban on anything.

Batavia’s downtown Business Improvement District members would like to spend some of their more than $220,000 capital account to enhance the downtown area, and because that will take a city amendment to do so, a public hearing is necessary.

The BID’s current agreement with the city requires the amendment to “add language for improvements in the district that will be allowable under their capital account,” City Manager Rachael Tabelski said. Tabelski explained the need for the amendment and set a public hearing during this week’s council meeting.

“The BID has requested that we update a very specific portion of the plan in relation to the capital infrastructure fund. They currently have $222,000 designated to be used for projects. And they asked to amend the list we had previously to include capital purchases, enhancements in the district of decorations, banners, planters, light poles and accessories, signs, wayfinding, decorative trash bins and potential sidewalk improvements,” Tabelski said. “So they'd like the ability to do these types of projects within the plan and to spend this funding on those projects. So by modifying the plan, you'd give permission for them to undertake these types of activities with this funding. This is a local law change. So it will need to go through the public hearing process.” 

The BID currently has $222,470.50 in its capital account and has requested to make multiple purchases to enhance the district.

Because a substantial portion of the Management Association’s activities are funded by a special assessment levied by the city and its activities are important to the economic health and vitality of the city, it is necessary that the business of the Management Association be performed in an open and public manner, according to city code. 

This provides for the residents and businesses in the community to be fully aware of and able to observe the activities of the Management Association Board of Directors, as well as attend and listen to the deliberations and decisions that go into the making of BID policy. 

In addition, providing access to meeting minutes allows residents and businesses to observe the decision-making process by the Board and to review the documents leading to those determinations.

Tabelski recommended that the same Local Law No. 3 be amended for the BID plan to include these latest requested improvements and to also include a related public hearing.

That hearing will be at 7 p.m. Nov. 27 in Council Chambers at City Hall.

The Batavian contacted BID President Derek Geib for comment since the matter was going to be part of a public hearing. He did not want to provide comment and instead referred The Batavian to BID Executive Director Shannon Maute, who also did not want to offer a comment.

A little background about the BID may be in order. A local law was adopted on Nov. 24, 1997, outlined in Chapter 58 of the city’s code, to establish the district, which is comprised of several streets from Liberty Street west to Court Street and Ellicott Street north to Washington Avenue. 

The local law was amended on June 27, 2005, to include the Ellicott Street business area. It was later further amended on Aug. 6, 2016, and again on March 12, 2018, all of which required public hearings due to the properties within the district being in the public’s interest. 

Under General Municipal Law 980-a ... the Batavia City Council requires that the Management Association Board of Directors comply, conform and abide by the State of New York Open Meetings and Public Information laws. This will apply to all Management Association and sub-committee meetings, including executive committee meetings. The Management Association will further post all by-laws, board and committee meeting minutes, annual budgets, audited financial statements and annual reports on the Management Association’s website for public viewing.

The Batavian contacted Tabelski about this requirement, since the BID has not had an active website for several months. The Batavian asked where the reports were being posted and who was responsible for ensuring that they were being posted as mandated by municipal law. 

Tabelski did not directly respond to those questions, however, she said that the website was discussed during BID’s meeting on Tuesday and that it was being redeveloped and “should relaunch soon.” 

There are two sources for funding the activities of the BID, according to related city documents: the BID assessment and the City of Batavia. The BID assessment for each property is calculated by multiplying the assessed valuation of the property by the BID assessment rate, which was $1.81 per $1,000 of assessed value as of Jan. 18, 2021. 

A vehicle has reportedly crashed into a house at 7824 South Lake Road, Le Roy.

No word on injuries.

Le Roy Fire, Le Roy Ambulance, and Mercy EMS dispatched.

UPDATE 5:23 p.m.: A chief on scene reports the vehicle struck a porch and not the house.  Bergen had also been dispatched and is now back in service.

UPDATE 5:26 p.m.: No injuries.

Last year's successful Downtown trick-or-treat is returning to the business district again on Saturday.

Organized by Michael Marsh of Edward Jones and sponsored by YNGodess, this is the second year in a row that children have been invited to get into their Halloween costumes and visit participating local businesses for tricks or treats (probably treats).

The event runs from 1 to 3 p.m.

Trick-or-Treat Stops:

• Edward Jones
• Adam Miller Toy & Bicycle
• YNGodess
• My Cut Barbershop
• Valle Jewelers
• HUNT Real Estate ERA
• Creamy Creation
• GOArt!
• Eli Fish Brewing Company
• Center Street Smokehouse
• Bourbon & Burger Co.
• Charles Men's Shop
• The Coffee Press
• Cinquino's Pizza
• Eden Café
• Roman's
• Geico Batavia – Zachary Korzelius
• The Spa at Artemis
• Iburi Photography
• Batavia Bootery
• WBTA Radio
• Main St Pizza Company
• O'Lacy's Irish Pub
• Foxprowl Collectables

The following are in/around the City Centre:

• Main St 56 Theater – City Centre
• Releve Dancewear Boutique – City Centre
• LeBeau Salon – City Centre
• Everybody Eats – City Centre

Remember to Trick or Treat responsibly, organizers remind families.

In Trisha Allen’s eyes, the need to help men and women returning to the community after being incarcerated far outweighs her job title at UConnectCare’s Reentry Program.

The Lyndonville resident recently was promoted by the agency, formerly Genesee/Orleans Council on Alcoholism and Substance Abuse, for her efforts over the past 2 ½ years to develop and solidify the program that provides case management and peer recovery services to those who have been in jail or prison.

A five-year employee at UConnectCare, Allen (photo at right) has moved up from coordinator to project director -- with expanded duties that include overseeing seven full- and part-time employees and communicating directly with the officer of the Offender Reentry Program grant from Substance Abuse and Mental Health Services Administration that funds the local initiative.

Allen said the Reentry Program has helped numerous men and women get their lives back on track.

She said the men and women who utilized the services that are offered and “did the work” are the ones that have made a successful transition from incarceration.

“In the end, it’s a matter of ‘what you put into the program is what you get out of it,’” she said.

Chester Shivers, a key member of the UConnectCare Reentry Program team since 2020, said he can relate to what people are going through as he advanced through a reentry program at another location.

“It has helped me to learn patience and to make healthy decisions,” he said. “I take one day at a time and wish to share the same hope that was given to me to others.”

Currently, the program is serving more than 90 participants in the Genesee and Orleans counties, with some of those people living in transitional housing provided by UConnectCare.

The Reentry Program helps connect participants with the following services: substance use disorder treatment, mental health treatment, housing, food, clothing, employment and/or job training, childcare, transportation and medical care. Direct case management and housing services are not billed through insurance, enabling participants to avoid those expenses.

Initially, individuals with a history of substance use who were sentenced to jail for a minimum of three months were eligible to qualify for the program. Today, eligibility is not as restrictive.

“We’re now able to serve people that were sentenced to a minimum of 30 days and have served that sentence,” Allen said. “Government is noticing … especially with changes in bail laws that people are not incarcerated as much and for shorter durations.”

Allen said she would like to see the program expanded to include those who haven’t been formally sentenced but served some time through pre-trial release or have had their case diverted through Genesee Justice or Drug Court. She said she also is an advocate for Medication Assisted Treatment for those in recovery.

Since May of this year, Allen has served as the jail counselor in both counties. She said that role ties in nicely with her job with the Reentry Program.

“We’ve been able to get nine or 10 new clients from the counseling sessions,” she said, adding that she visits the Genesee County Jail on Tuesdays and Thursdays and the Orleans County Jail on Wednesdays and Fridays.

A graduate of Genesee Community College, where she received an associate degree in Human Services, Allen also has certification as a peer advocate and is working toward become a Credentialed Alcoholism and Substance Abuse Counselor.

For more information about the Reentry Program, send an email to reentry@uconnectcare.org or call 585-813-6570.

Disclosure: Mike Pettinella is the publicist for UConnectCare.

The Town of Pembroke is considering the construction of a 25,000-square-foot solar farm on land at the back of Town Park.

The location is behind and to the east of the 18-hole disc golf course and would not be visible to visitors of the park.

The solar farm would be built by Buffalo Solar, based in Depew.

"It's basically a small-scale solar project that would basically cover the electricity usage of the town buildings, and then provide a little bit of revenue stream from it," said Supervisor Thomas Schneider, Jr.

"NYSERDA has been pushing towns and villages to do these projects that helps offset the power," Schneider said. "It would save us between $12,000 and $15,000 a year on our electric bills and then generate a little bit of revenue on the side. It's proposed in the section of Town Park that is just wooded and is not likely to be developed, honestly, ever."

A grain bin fire is reported at 6902 Ivison Road, Byron.

Byron and South Byron fire departments dispatched, along with Bergen's ladder truck and an engine from Elba.

A 2018 decision by the Genesee County Legislature to reduce the amount of sales tax shared with other municipalities in the county is making it harder and harder for the Town of Pembroke to meet its financial obligations, said Supervisor Thomas Schneider, Jr.

The town board reviewed the proposed 2024 budget on Wednesday, scheduling a vote for its Nov. 9 meeting on the proposed spending plan, which doesn't raise taxes, but it does raise the tax levy over the state's allowed two percent.

On Wednesday, the board voted to override the tax cap.

The proposed levy is $410,000, which is $30,000 higher than in 2023.

The larger levy is due to the increased assessed value of property in the Town of Pembroke.

"The county cut us out of the sales tax agreement, like they did five, six years ago, which is why every town is struggling the same as we are with funding now," Schneider said.  "We were blessed not to have a town tax for all those many years that we didn't have a town tax. Other towns were still getting the county sales tax money and still had town taxes on top of that."

The proposed budget is $2,621,299.

Schneider said that's the bare minimum needed to keep the town operational. At the same time, the Town is looking at the need to spend $6 million to replace the highway garage.

The money has to come from somewhere, Schneider said.  They've looked at increasing building permit fees, and fees have grown because of increased development, and some of that revenue has been shifted to the general fund.  But it's not enough.  The loss of sales tax revenue is really hurting, Schneider said.

He provided that shows that in 2017, the town received $1,322,812 in sales tax from the county.  In 2024, the town will receive $1.06 million.  If not for the cuts, accounting for economic growth, under the old agreement, the town would receive more than $1.7 million.  The difference is a loss of $646,388.

In 2018, the City of Batavia and County reached a new 40-year sales tax agreement, subsequently approved by the state. By law, the county and city must reach a sales tax agreement, but the county is under no obligation to share sales tax with towns and villages.  The towns and villages had no say in the 2018 agreement.

The county shifted sales tax from the towns and villages to help fund a new $60 million jail.

The state levies a four percent sales tax, and the county levies a four percent sales tax, making the local sales tax 8 percent.

From 2004 to 2020, Pembroke had no town property tax. After the new sales tax agreement and the cut in Pembroke's share of sales tax, the town instituted a 50 cents per $1,000 of assessed value property tax. The current tax rate, which will not change in 2024, is $1.20 per thousand of assessed value.

"It's hard to know how much sales tax is generated in the Town of Pembroke, but I'll guarantee it's a hell of a lot more than we're getting between all these truckstops, gas stations and the East Pembroke gas station on the thruway," Schneider said. "We should all share in the benefits of sales tax in this county, and we still do, but not where we would have been if that agreement was never basically deep-sixed all those many years ago."

There was one upside to being one of the few men at the Pink Hatters & Friends annual dinner this year, comedian Dan Viola says.

No line at the restroom. Ta-dum-dum.

While humor might seem out of place for something as potentially sobering as an event to celebrate cancer survivors and remember those who have died from the awful disease, this event was a mix of light-hearted laughter and thoughtful recognition.

Viola was in the program line-up after a survivor recognition of those who have survived significant milestones of one year and beyond, and that followed guest speaker Dr. Lori Medeiros, who specializes in breast diseases and breast surgery. 

The key importance of having the event is to “celebrate our community’s survivors and continue to fundraise funds for our local community,” nurse manager Olivia Barren said. 

She and fellow nurse managers from United Memorial Medical Center’s maternity department came together to put the event together, she said. There were nearly 300 people in attendance, made up of about 50 percent cancer survivors, plus their family, friends, and hospital staff.

“We’ve had really good success with fundraising. And I think at the end of the day, just getting everyone together and being able to celebrate the success, and all the hard work that we put into it, and everyone's survivor’s story, it’s really great,” she said. “We start with the basket raffle. That's our primary source of fundraising. We did a dessert dash, which we were able to raise just under $2,000 with the dessert dash, which I'd never even heard of before. Each table fundraised just within their dinner table, and they put money in an envelope …  We had all the way up to $147 was our winning table, and they got to go first. So we raised a lot of money in a very short amount of time with that, so they get to go and pick desserts first. And then the second highest envelope, and next and then so on and so forth.”

Thanks to donations from local bakeries and restaurants, those tables with the highest contributions then dashed to select one of 37 desserts of their choice, she said. It made for a fun ending to dinner and a good way to raise more money for the cause. 

Aside from the fundraising aspect, Barren has a deeply personal reason for her passion: “My mom is actually a breast cancer survivor,” she said.

“And so it’s very meaningful to me,” she said. “I’m the OB Department nurse manager, so we do a lot of education for obstetric patients about breast cancer and early screening. And it just hits home, mostly because of my mom.” 

The basket raffle, featuring themed baskets of various items, involved contributions from hospital workers and members of the community, she said. 

While attendees still wear pink attire and many wear colorful fun pink hats, the main theme of breast cancer awareness for the month of October has expanded to include colon cancer as well.  

“All of us wear pink hats to honor breast cancer. But this year, we're talking a lot about — our keynote speaker is actually a survivor of colon cancer,” Barren said. “So not just breast cancer, anybody with cancer stories. But we do focus a lot on the breast cancer side of things.

“I really love being super involved. I love getting together with a community. I love getting together with my friends outside of work to really network and hang out in a low-stresson  environment compared to being in the hospital every day where we're dealing with life and death.,” she said. “Here, we get to have fun, eat wonderful food and raise money for our community.”

Pembroke Primary School hosted a trunk or treat for children at the school. The event included activities in the gym.

Photos by Howard Owens.

Voters in the Pembroke Central School District on Tuesday overwhelmingly approved two measures that will authorize the district to make more than $37.5 million in improvements to school facilities.

• Proposition 1 passed 356 yes to 130 no.
• Proposition 2 passed 269 yes to 208 no.

Here is a summary of what voters approved.

Prop 1: $35,995,000.  No additional tax impact. The local share is $6.8 million and will be covered by capital reserves.  The balance of the spending plan will be covered by state aid and paying off existing debt.

Prop 1 will: 

• Enhance the auditorium with new house lighting and new theatre lighting 
• Enhance the band room with acoustics, instrument storage and sink
• Install a light pole by the band entrance
• Renovate the pool and construct a spectator seating addition
• Renovate the existing gymnasium and surrounding corridors
• Renovate/relocate the locker rooms and fitness centers
• Regrade baseball field and install proper drainage, with SOD and infield mix
• Add/reconfigure bleachers at the main athletic field 
• Repave the teacher lot and  front circle
• Install a blue light system 
• Replace PA/phone system
• Upgrade the business office mechanical equipment 
• Construct two permanent walls in Classrooms (500 wing)

The plan includes expanding the gym, which will address the current facility's limited seating capacity and eliminate front-row spectators from having their feet on the court during sporting events.  The upgrade will also include installing a divider curtain, adding concessions, and an upgraded scoreboard.

At the elementary school, the playground will be updated. The current playground was installed in 1995 and has lasted longer than expected, according to district documentation.

The district states:

However, the maintenance required to keep it as safe as possible has become more and more challenging over time. At the end of this past school year, we had limited access to the playground. Then, over the summer, our maintenance department made a number of repairs and alterations to address concerns that were identified by a certified playground inspector. As a result of their hard work, the playground is accessible to students this fall, with the understanding that splinters are an ongoing issue. The repairs were only a short-term fix, so it is time to assess how to repair and/or upgrade the playground more significantly to make it last another 25-30 years.

The total cost of Prop 2 is $1,535,000.  The local share is nearly 100 percent of the projected cost. State aid will cover less than one percent.

According to the district, the tax impact breaks down this way:

• Senior/STAR, $19 ($1.58 a month)
• Basic STAR, $30 ($2.50 a month)
• No STAR, $37 ($3.08 a month).

For more details on the projects, click here.

Oakfield-Alabama lost Tuesday to Williamson 4-1 in the Class C1 semifinal in Girls Soccer.

The Hornets entered the game as the #3 seed against #2 Williamson.

There is one local team left in the Girls Soccer Sectionals, Byron-Bergen, who will play for the C2 championship on Friday at 7:30 p.m. at Gates-Chili against Keshequa.

Photos by Debra Reilly.

For the first time in several months, the Western Regional Off-Track Betting Corp. board of directors had a quorum at today’s meeting at Batavia Downs Gaming and was able to conduct a bit of business.

Initially, the board elected Dennis Bassett (City of Rochester) as the temporary chair to cover just this meeting, but later on (following several minutes of discussion about other matters), decided to keep him in that position through the November planning meeting.

The unattended resolutions have been piling up, with WROTB President Henry Wojtaszek informing the board that up to 70 resolutions will need to be considered before the end of the year.

With that being said, it was incumbent upon the board to have a chair in place, Wojtaszek noted.

A motion was made to elect Bassett as the permanent chair, but that failed to pass due to the board’s weighted voting system. All board members eligible to vote, except Erie County’s Jennifer Hibit, supported Bassett. However, since Erie County’s vote has more strength, based on population, the motion was defeated. City of Buffalo director Crystal Rodriguez-Dabney apparently was not eligible to vote as she is waiting for licensing from the New York State Gaming Commission.

Subsequently, other motions were brought forward to elect Bassett temporarily – first for October and then into November – and they carried unanimously.

The board did pass a pair of resolutions pertaining to sales of former WROTB branches in Phoenix, Oswego County, and West Ridge Road, Monroe County.

WROTB sold the Phoenix parlor for $750,000 to CM Family Trust and the West Ridge Road branch to Michael J. Cerone for $500,000.

Wojtaszek said he, with assistance from attorneys and procurement staff, did their best to maximize the sale prices.

Chief Financial Officer Jacquelyne Leach said the proceeds from the West Ridge Road sale will count toward the public benefit corporation’s bottom line as distributions in a normal sale but would not have an impact on distributions to municipalities for 2023.

She did say that the Phoenix sale has the “potential” to increase funds to the 15 counties and two major cities.

While admitting that mistakes have been made, the City of Rochester representative on the Western Regional Off-Track Betting Corp. bristled when “alleged corruption” was brought up during his talk with the media following today’s directors meeting at Batavia Downs Gaming on Park Road.

City of Rochester representative Dennis Bassett – who was elected as the temporary board chair through November -- took exception to a Buffalo-based reporter’s query about whether the revamped board was intent “on instituting some reforms and cleaning up alleged corruption.”

“Well, we've got not only (new directors) from Erie (County) and (the City of) Buffalo, but we got a new member from Monroe County, which based upon the way the vote goes, that’s pretty good,” Bassett said, referring to the weighted voting system that was put in by New York State mandate last May. “I’d like to say we've got new board members from Erie, from Buffalo, from Monroe County that add new blood.

“And I think corruption is a is a very strong term. I've been on this board, as I said 14 years, and I don't see corruption. We’ve seen some honest procedural mistakes … and we should be held accountable for that. I'd like to say we did everything perfectly, but we haven't. But I think we -- with good intentions – made mistakes.”

Bassett said the board has addressed the problems such as the use of sporting event tickets, the way mileage is reimbursed and health insurance for board members.

“There's been some stubbing of the toes. And yes, I'd like to say we have done … everything right, but we haven’t,” he offered. “We’ve stubbed our toe. But I can also say that in those areas where we’ve had problems, we have corrected them. And that’s the key thing. We’ve listened. We’ve made some very – I would call it -- enthusiastic decisions, whether it be mileage, whether it be our entertainment, whether it be the things that we can control.”

When asked about the former board, which was dominated by Republicans, he said, “Well, you know, to the victor goes the spoils.”

“I'm a Democrat, registered Democrat, and most of the board members during my time were Republicans. And guess what? I never once felt slighted.  I will continue to say on this board, we make business decisions. We owe the municipalities and the two cities to make the best business decisions we can so we can put money in their coffers.

“We don’t stand and say this is a Republican decision or this is a Democrat (decision). Is it a good business decision? And that has been our mantra since I’ve been on the board.”

When he was asked whether spending hundreds of thousands of dollars over the past two years on lawyers and lobbyists was a good business decision, Bassett said the board didn’t have “the skill set” to ascertain the correct answers.

“We've had to hire counsel because of some of the things – whether it be the Nolan lawsuit (a wrongful termination suit by former WROTB executive Michael Nolan) … and the (FBI) investigations, sadly to say we had to do some of those things because we didn’t have the skill set to answer the questions that were proposed. But I think we’ve weathered that storm, and I don’t think we’ve got to continue down that path,” he said.

Bassett said he sees the “new blood” as a positive for the board. Actually, six new directors joined the board after the shakeup that terminated the previous board – Jennifer Hibit (Erie County), Crystal Rodriguez-Dabney (Buffalo), James Wilmot (Monroe County), Terrance Baxter (Cayuga County), Paul Bartow (Schuyler County) and Charles Zambito (Genesee County).

“I think it’s good,” Bassett said. “And just the new change we made with having people who are really younger and working, for us to be able to Zoom committee meetings so people can take advantage of getting their ideas (out there) is a big step,”

During this morning’s meeting, the board agreed to give directors the option of attending future committee meetings via Zoom videoconferencing.

It also will be looking into a suggestion from Hibit to livestream the board meetings to, as she said, “make the board more transparent and accessible to the public.”

Bassett emphasized that there will be more transparency going forward and talked about having a strategic plan in place beyond one or two years.

“I've shared with the team that we're on top of the world now,” he said. “We're making good profits. We’re having good numbers. But we need to put together a strategic plan so that we can look out for more than one year, and look at more than several months. How do we look in three and four or five years?

“The world is not going to be the same two and three years from now? So how are we planning? How are we getting ourselves ready for some of the things that may happen that cause us not to be having these record earnings.”