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GCC's Professor Jones to receive a Fulbright award for 'Color Connection' exhibit

By Press Release

Press Release:

Genesee Community College was honored by the U.S. Department of State's Bureau of Educational and Cultural Affairs for its distinction as one of the leading institutions with a significant representation of faculty and administrators chosen for the prestigious Fulbright U.S. Scholar Program. 

Institutions like Genesee Community College, recognized as Fulbright Top Producing Institutions, actively promote global engagement and facilitate their campus community members in seizing international opportunities.

Heather Jones, GCC professor of fine arts was selected for a Fulbright award for the 2023-2024 academic year. While collaborating with Professor Jose Luis Gonzalez-Cabrero and the Industrial Design Department at the University of San Luis Potosi, Professor Jones will be implementing an international cultural color study project with students from both Mexico and New York, which will culminate with a student art exhibit titled "Color Connection." 

She will be teaching a series of seminars on color theory in Mexico, that will be available online for her students taking classes at GCC. Students in Mexico and GCC will photograph one color in their daily lives and facilitate conversation online by sharing these images on the dedicated Color Connection social media pages. 

The goal of the project is to take a deeper look at the expressive meaning of color in design, utilize the subject of color as a social bridge to break down cultural stigmas and reinforce empathy and respect for cultural diversity. Photographs will be juried by the students and 100 plus photographs will be exhibited simultaneously at UASLP and in GCC's Roz Steiner Gallery during March 2024. The exhibit will then be available to travel to other SUNY campus galleries.

The Fulbright Program is the U.S. government's flagship international academic exchange program. Since 1946, the Fulbright Program has provided over 400,000 talented and accomplished students, scholars, teachers, artists, and professionals of all backgrounds with the opportunity to study, teach, and conduct research abroad. Fulbrighters exchange ideas, build people-to-people connections, and work to address complex global challenges.

Dr. James Sunser, president of Genesee Community College, expressed his gratitude stating, "This recognition underscores our unwavering dedication to fostering international opportunities for our faculty and administrators. At Genesee Community College, we believe in the transformative power of global connections, and we are proud to support our campus community members in their pursuit of scholarly endeavors worldwide."

"Fulbright's Top Producing Institutions represent the diversity of America's higher education community. Dedicated administrators support students and scholars at these institutions to fulfill their potential and rise to address tomorrow's global challenges. We congratulate them, and all the Fulbrighters who are making an impact the world over," said Lee Satterfield, assistant secretary of State for Educational and Cultural Affairs.

Fulbright is a program of the U.S. Department of State, with funding provided by the U.S. Government. Participating governments and host institutions, corporations, and foundations around the world also provide direct and indirect support to the Program.

Fulbright alumni work to make a positive impact on their communities, sectors, and the world. They have included 41 heads of state or government, 62 Nobel Laureates, 89 Pulitzer Prize winners, 80 MacArthur Fellows, and countless leaders and changemakers who build mutual understanding between the people of the United States and the people of other countries.

For more information contact Vice President, of Development and External Affairs Justin Johnston at (585) 345-6809, or via email: jmjohnston@genesee.edu. Details about the Fulbright Program can be found at https://fulbrightprogram.org/.

Schumer supports Genesee County's broadband expansion efforts

By Press Release

Press Release:

Genesee County is embarking on an ambitious mission to ensure universal broadband access, with the County Legislature demonstrating unwavering determination to reach every unserved address point.

County Manager Matt Landers personally engaged with leadership in each of the thirteen towns with unserved residents, leaving no address point overlooked in the pursuit of connectivity.

In a significant stride towards enhancing the quality of life for all residents, businesses, and educational institutions, Genesee County has approved a contract with Charter Communications Inc. to spearhead the deployment of high-speed internet infrastructure.

“This project will help close the digital divide in Genesee County and will bring gigabit broadband connectivity to over seven hundred residents and small businesses,” said Mark Fitchett, Regional Vice President of Operations at Charter. “We look forward to building our network and serving new customers.”

The Genesee County Legislature, in conjunction with the County Manager, has designated $2 million from the county's $11.1 million allocation of ARPA funds to support the broadband project. Allocation of ARPA funds must adhere to criteria established by the US Treasury Department. Senator Schumer has been a vocal advocate for infrastructure and broadband investments, and his proactive approach has played a pivotal role in securing the resources essential for advancing this project. 

“Access to reliable, fast internet service is not a luxury, but a necessity. In my first major act as Majority Leader, I led the American Rescue Plan to passage with billions to help hard-hit communities recover from the darkest days of the pandemic and make long-term investments to strengthen their communities, including essential infrastructure like broadband,” said Senator Schumer. 

“I am proud that Genesee County is leveraging $2 million of the overall $11.1 million in ARPA funding I delivered to finally close the digital divide in Genesee County and get Finger Lakes residents and businesses the service they require in the modern economy. Today is the start of connecting Genesee County to the future and a better quality of life for all families in every corner of the county to access the high-speed internet they need to succeed.”

The broadband expansion project aims not only to connect every corner of Genesee County, but also to elevate the overall quality of life in our communities. By increasing access to online resources, educational opportunities, telehealth services, and economic development prospects, the County is paving the way for a more vibrant and inclusive future. 

"Our contract with Charter Communications marks a significant milestone in our efforts to ensure equitable access to high-speed internet for all residents, students, families, businesses, and government entities in Genesee County," remarked Shelley Stein, Chair of the Genesee County Legislature. "With Senator Schumer's unwavering support and tireless efforts, we are poised to usher in a new era of connectivity and opportunity for all."

iGaming, EZ Bet expansion into Erie County on list of WROTB's lobbying efforts: Wojtaszek

By Mike Pettinella

The president and chief executive officer of Western Region Off-Track Betting Corp. said he is “paying close attention” to potential legislation that would permit online wagering in New York State.

Speaking by telephone this morning, Henry Wojtaszek also said leadership of the public benefit company is making its collective voice heard to loosen the restrictions on placement of EZ Bet locations in Erie County – a topic that was reported by The Batavian last September.

Concerning online wagering, known as iGaming, Wojtaszek said that he and Board Chair Dennis Bassett traveled to Albany for a “lobby day” a couple weeks ago to speak with lawmakers and their staff.

“We’re paying close attention to the legislation, and we will make sure that we attempt to be included in the bill as being eligible for iGaming,” he said. “It remains to be seen whether or not there's enough support to pass it this year. We made our position known to them that we were unified with other OTBs that we wish to be included in that legislation.”

Asked whether WROTB was in favor of iGaming, which opponents contend would hurt brick-and-mortar facilities such as Batavia Downs Gaming, Wojtaszek was noncommittal.

“At this point, we're open to seeing what the numbers are, what the study shows,” he responded. “I don't think we have enough data yet to determine how it'll affect our industry. I guess the bottom line is if it’s going to come to New York, we want to be part of the process.”

Last month, state Sen. Joseph Addabbo, who represents Queens, reintroduced legislation to permit remote bets such as blackjack, poker and craps. Addabbo said iGaming, along with iLottery, could generate around $1 billion per year.

His action prompted casino workers in Queens to send a draft a letter stating that Addabbo is trying to undermine their ability to make a living. Addabbo is the chair of the Senate committee on racing, gaming and wagering.

According to reporting by the New York Post earlier this week, the letter was sent by the Hotel & Gaming Trades Council union on behalf of employees at Resorts World casino at Aqueduct.

WROTB Seeks More EZ Bets in Erie County

Several months ago, Wojtaszek said WROTB “could easily get between five and 15” more EZ Bet locations in Erie County if a state law giving Hamburg Gaming (Buffalo Raceway) veto power over EZ Bet placement was changed or eliminated.

Today, he said the corporation has a new board member, Crystal Rodriguez-Dabney, who says she would like to see more Erie County businesses have the opportunity to set aside a portion of their venues for those wishing to place remote bets.

The law on the books currently states that Hamburg Gaming can prevent any EZ Bet locations within a 30-mile radius of its facility. WROTB has 28 EZ Bet locations, but only one in Erie County, that being The Cove on Transit Road in Depew.

EZ Bet (standalone terminals without employees) is a money-maker for the corporation as it generated $428,000 in profit last year and is projected to increase the bottom line by $492,000 in 2024. EZ Bet wagering also makes money for the businesses, which split the proceeds with WROTB.

Wojtaszek said Rodriguez-Dabney approached him and wanted to know why the corporation wasn’t able to locate more EZ Bets in Erie County and the City of Buffalo.

“When I explained to her the statute, she said then we need to look at having this revised to accommodate some of the businesses that want to have them,” he said. “And I agree with her.”

Wojtaszek also said WROTB had been open to a revenue-sharing agreement with Hamburg Gaming, adding that several businesses have approached him about become EZ Bet sites only to get turned down by Hamburg Gaming.

He said lobbyists will continue to push for a change to this law until the end of the current legislative session, which ends in June.

“We’ll keep up our lobbying efforts because it affects other OTBs across the state as well,” he said. “Again, we went there with a unified voice two weeks ago to bring that up as part of what we’re looking for.”

Sponsored Post: Sports collects event at Batavia Downs promises memories and smiles

By Sponsored Post
batavia downs card show

By James Fink

To Bobby McClaine, it is all about memories and smiles.

McClaine and his two business partners, Brian Burke and Chris Sabatello, are presenting the upcoming "Legends & Stars Batavia Sports Card Expo," set for Feb. 24 and Feb. 25 at Batavia Downs.

The event, which features sports cards and memorabilia vendors and collectors along with a laundry list of former professional sports stars, is designed as a "family-friendly" gathering.

"We want to give everyone the experience of their lifetime," McClaine said.

Some come for the chance to buy sports-related cards and memorabilia. Others come to meet and rub shoulders with sports legends.

"It's all about the experience," McClaine said. "To see the smile on someone's face because they just met one of their sports heroes is priceless."

In addition to the deep pool of vendors, among the sports stars scheduled to appear to include current Buffalo Football Player Rasul Douglas and former National Football League stars as Thurman Thomas (Buffalo), Don Beebe (Buffalo), Lawrence Taylor (New York), Don Majkowski (Green Bay), Keith McKeller (Buffalo), Ron Jaworski (Philadelphia) and from the National Hockey League Dave Andreychuk (Buffalo), Wendel Clark (Toronto), Darryl Sittler (Toronto).

Also scheduled to appear is WWE star Kevin Nash, former Major League Baseball pitcher Jack Morris (Minnesota and Toronto) and actors Joe Pantoliano (The Sopranos, The Matrix, The Fugitive) and D.B. Sweeney (Eight Men Out and Fire in the Sky)

McClaine and his partners have been presenting the Legends card expo since 2018 - usually twice a year at Batavia Downs.

Batavia Downs works for its central location between the Buffalo and Rochester markets, and the event serves as another way for the venue to attract visitors not only to the gaming and entertainment destination but also to Batavia.

"People do come in for these shows," McClaine said. "Especially something like this that is geared and designed as an all-age event." 

The expo is scheduled for 10 a.m. to 4 p.m. on Feb. 24 and 10 a.m. to 3 p.m. on Feb. 25. 

Admission is $10, with children under 12 years of age admitted for free. Admission includes a $10 "free play" at Batavia Downs.

James Fink writes on behalf of Batavia Downs.

Le Roy resident working to bring joy and a bit of nostalgia to Christmas in the community

By Howard B. Owens
jim delooze cinnamon beat joy of christmas le roy
Jim DeLooze
Photo by Howard Owens

First and foremost, says Jim DeLooze, it's about joy.

Namely, the joy of Christmas, the joy of magic, the joy of wonder.

And then what he's planning in conjunction with St. Mark's Church in Le Roy will also help local businesses by, hopefully, bringing more visitors downtown during the Christmas season.

DeLooze is heading up what he's calling The Joy Project, a plan to bring diorama to St. Mark's based on the old-time holiday radio show, "The Cinnamon Bear," and well as set up displays that recall wonderland that was once Sibley's Department Store in Rochester.

"Step one, is just put people in the Christmas spirit," DeLooze said, "make them happy and really wanting to see it. Number two is that it will be a draw. I plan on drawing people from anywhere between Rochester and Buffalo here to Le Roy. Business is a numbers game. If you own a restaurant, and you've got an additional 1,000 people who come into town, in a community, that's 4,000, that's gonna help your business."

He presented the plan to Le Roy's village trustees at their regular meeting on Wednesday, not to ask for the assistance of the village but to inform the community of the project.  He is hoping for volunteers to step forward to help and for residents to make donations.  

There are two main components to the project.  First is the diorama based on "The Cinnamon Bear."

"The Cinnamon Bear" is an old-time radio show, a serial that was launched in 1937 by a Los Angeles-based marketing company to help department stores attract more of a Christmas crowd.

In an era before corporations owned nearly all of the nation's radio stations, many programs were syndicated to independently owned and operated radio stations. The Cinnamon Bear was picked up by stations in every state, with 26 episodes, each with a cliffhanger ending, airing each evening between Thanksgiving and Christmas.

The program is the story of Judy and Jimmy Barton, who travel to the world of Maybeland in search of their missing Silver Star tree ornament.  They are helped along their way through various adventures by The Cinnamon Bear, an assistant to Santa Claus.

The story has proven enduring. There are still radio stations that carry the show each year, and now, of course, it can be streamed online.

"Tony is the son of the person that built it," DeLooze said. "He said he and his mother were very impressed with my knowledge of old-time radio and the fact they thought it was a lot better going to a home here where people would be able to come in and see it free of charge rather than having to pay in an amusement park to see it."

To go along with the diorama, DeLooze is moving one of his other hobbies out of his basement -- his annual Christmas build of a display meant to model the Christmas presentation of the old Sibley's Department Store in Rochester.

For decades, area residents flocked to Sibley's during the Christmas season to take in Toyland and the Magic Corridor and see that animatronic elf along with Santa and Mrs. Claus.

For years, DeLooze has been building his own train set to create a miniature version of what Silbey's offered, and in recent years, he has been posting photos and videos on social media to show his progress and the completed project.

He's always gotten positive feedback for the video, including from a friend in California who once told him, "'Jim,' he goes, 'I gotta tell you, I was in a bad mood when I clicked on this,' he says, 'but literally halfway through, I was smiling and in the Christmas spirit.'"

And that was exactly what Jim said he likes to hear.  He wants to know he's helping to spread joy.  And that is what he hopes to do this year and for many years to come with The Cinnamon Bear and the Sibley's display.

"Our church was really looking for a way to participate in Winterfest," DeLooze said. "Hopefully, this will continue year after year. It will become a Christmas tradition that parents and grandparents will look forward to bringing their children to see, and that's why I've actually wanted to do this project since the early 1980s. That is just about the time that Sibley stopped doing it. My son got to see it. My daughter never got to see it. And I just wanted to be able to bring something like this back so my kids and grandkids can enjoy this."

To pull off all this joy, DeLooze said he and the folks at his small church will need additional help from the community, such as volunteers from community groups as well as community donations. He said the project will cost from $7,000 to $9,000 and that $3,000 has already been raised.  He has a list of items for people to donate and what volunteers can do to help.  For more information, email Jim DeLooze, jim@delooze.com.

Michael Napoleone Memorial Foundation accepting applications Feb. 26-March 18 for 2024 Community Youth Grant

By Press Release

Press Release:

The board of directors of the Michael Napoleone Memorial Foundation is excited to announce the opening of their 2024 Community Youth Grant application. 

This grant will be awarded to charitable organizations whose primary mission is facilitating youth activities for children up to age 18. It supports one of three mission priorities established by the foundation - "to assist youth organizations and youth athletics." 

The 2024 Michael Napoleone Memorial Foundation Community Youth Grants will be awarded based on the schedule below. This will be the only grant cycle for 2024.

2024 Funding Cycle:

  • Application form available on Feb. 26 (ONLINE ONLY)
  • Applications are due on March 18
  • Award notices will be sent to applicants on April 11

On Feb. 26 the online grant application will be available at https://michaelshope.org/grants. There are no geographic limitations for recipients, but preference may be given to the Western New York region. 

Event or program advertising requests will be directed to the appropriate grant cycle. Typical grant awards range from $250 - $1,500 depending on number of applicants and funds available for each year.

The Michael Napoleone Memorial Foundation, Inc., established in 2007, is in memory of Michael C. Napoleone, the eight-year-old son of Mark and Laurie Napoleone from Batavia who died from Burkitts Lymphoma/Leukemia, an aggressive form of blood cancer. During Michael's illness, the community rallied around the family to assist with food, gas, medical bills, and other necessities.

The not-for-profit 501(c)3 organization was created to give back to those who cared, to give forward to those in need, and to support research efforts to find a cure for childhood cancer. For more information to support the foundation, please visit www.michaelshope.org.

BND gets semifinal win in Class B hockey

By Howard B. Owens
batavia notre dame united hockey

Batavia Notre Dame United moved one step closer to a Section V title in hockey, winning the Class B semifinal over Canandaigua on Wednesday 5-4.

Scoring:

  • Jameson Motyka scored two times and had one assist
  • Ivan Milovidov scored two times and had one assist
  • Brady Johnson scored once and added one assist.
  • Orian Lama had two assists

Goalie Rhys Tanner made 18 saves on 22 shots.

Mason Smith had 2 goals and 1 assist for Canandaigua.  

While United managed 40 shots in the game, Canandaigua goalie Charlie Fuller stopped 35.

United will play for the Class B title on Monday at 5:30 p.m. at RIT against Webster Thomas.

Photos by Pete Welker.

batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey
batavia notre dame united hockey

WROTB to honor Batavian Richard Siebert with plaque in new-look Genesee banquet room

By Mike Pettinella
Richard Siebert

Western Regional Off-Track Betting Corp. officials today said they will be honoring former director Batavian Richard Siebert for his many years of service to Batavia Downs and Batavia Downs Gaming.

WROTB President/Chief Executive Officer Henry Wojtaszek, at today’s board meeting at the Park Road facility, said that Siebert will be recognized at a noon reception on March 28 with a plaque in the newly remodeled Genesee banquet room on the second floor of Batavia Downs Gaming.

Siebert (photo at right) served on the board for 29 years until resigning in early May after it was announced by Gov. Kathy Hochul that the governing body would be dismantled and restructured.

Wojtaszek said that he’s contacted Siebert about the recognition.

“Dick said he’s going to try to bring his family,” he said. “He was very touched, and he definitely wants to be here.”

Wojtaszek also raved over changes that are being made to what had been known as the Grandstands banquet room.

“Our staff did a great job,” he said. “We’re expanding our catering services … and the room looks fantastic. It’s not done yet, but we’re pretty close to it.”

In other developments from the meeting:

-- Chief Financial Officer Jacquelyne Leach reported five-year earnings and surcharge distribution figures totaling $28,387,714.

“With Western OTB, if we have losses in a year, we cannot offset future earnings with those losses. So, for really a four-year period (not including 2020 when there were no earnings), we've distributed $28.4 million, which I feel for a small venue is extremely impressive,” she said.

WROTB distributed $5.8 million in surcharge and earnings to its 17 member municipalities in 2021, a year after having only 722,740 in surcharge distributions, due to the pandemic.

The number jumped to $8.4 million in 2022 and $9.7 million last year, including fourth-quarter earnings distributions of just shy of $1.9 million.

Genesee County received $208,114 in surcharge and earnings distributions in 2023, up from $179,105 in 2022.

Looking forward, she said the corporation is aiming for a net win (money left in the video lottery terminals after payouts) in 2024 of $89 million.

“If that’s the case, it could very well (exceed $9.7 million),” she said.

Leach pointed out that “back in the day, when our pari-mutuel (horse race wagering) was, like 1990 when it was $200 million, our surcharge distributions were close to $4 million.”

“That’s not the case anymore, but our earnings distribution – $9.1 million for 2023 – was the highest in the corporation’s history,” she noted.

-- Board Chair Dennis Bassett (City of Rochester) said that the company’s internal investigation into a lawsuit by three former bartenders at Batavia Downs Gaming is ongoing.

“We talked about it in executive session and our investigation continues, but I have nothing new to report,” he said, adding that he hasn’t heard anything more from attorneys representing Tara Sweet of Elba, Corrine Armison of Batavia and Brooklynn Cline of Belmont.

The trio is suing the corporation, claiming wage theft by supervisors who kept a share of pooled tips. Also, Sweet is alleging sexual harassment against Chief Operating Officer Scott Kiedrowski and Director of Security Daniel Wood.

Kiedrowski and Wood are named as defendants, along with WROTB and Batavia Downs Gaming, in the suit that was filed in Supreme Court in Genesee County. Both Kiedrowski and Wood are working while the lawsuit unfolds.

-- The board voted to amend a pair of resolutions authorizing the purchase of concert tickets and parking passes for all shows at Darien Lake Performing Arts Center in 2024 and for Buffalo Bills’ licensing fees, tickets and a suite through 2026.

The Darien Lake cost went up from $30,000 to $35,000 while the cost for the Bills’ games has been set at $157,202.90 in 2024, $163,413.05 in 2025 and $165,733.70 in 2026.

When asked about the value received for these expenses, Bassett firmly defended the need to continue this practice.

“I will stand up in front of anybody. We’re an organization that is competing against the municipalities around us, competing against other people for their time and we have to treat our special customers special,” he said.

“We have a benefit of having a winning football team in our presence. And I've been on the board 14 years, and it hasn't been a winning football team all the time. As a matter of fact, when I first came on the board, we couldn't give the Buffalo Bills tickets away.”

Bassett acknowledged that WROTB has gotten “slammed for entertainment,” but added that directors have put processes in place to identify who is attending.

“We provide host, and the host entertains our customers. And as far as I know, it's a good investment for us to entertain our what I consider our special customers. And were going to continue that.”

File photo by Joanne Beck.

No appeal planned after DWI charge dismissed when DA's office didn't comply with discovery rules

By Howard B. Owens

The District Attorney's Office will not appeal the dismissal of a DWI charge against a Bethany resident over a procedural error by prosecutors, Assistant District Attorney William Zickl says.

The case was dismissed on appeal by County Court Judge Melissa Lightcap Cianfrini, upholding an earlier ruling by City Court Judge Durin R. Rogers that a defendant's right to a speedy trial was violated because of the procedural error.

Zickl told The Batavian in a statement that filing an appeal would require the DA's office to convince judges at the appellate level that a question of law -- not facts -- was in dispute.  A state appeals court taking on such a case is rare and far from automatic, Zickl said, so the DA's office would need to make a compelling case that the law was improperly applied in dismissing the charge.

"I believe there is a substantial threshold issue presented in this case regarding whether such a pure question of law exists to allow the Court of Appeals to entertain the matter," Zickl said. "Based upon the foregoing procedural backdrop and the fact that this decision will not have broad application due to its highly unusual fact pattern, we have decided not to attempt to gain leave to appeal the decision of the County Court to the Court of Appeals."

Rogers dismissed the case, according to a court document, because the DA's office was not ready for trial more than a year after the arrest of the defendant. The Sixth Amendment guarantees those accused of a crime the right to a speedy trial.

Background
On July 3, 2021, Gregory R. Solomonidis was arrested in the city of Batavia following a traffic stop on East Main Street. Solomonidis was accused of driving with a BAC of .08 or greater.

On Aug. 26, 2021, at a City Court hearing on the case, ADA Joseph Robinson filed with the court what is known as a Certificate of Compliance, which is a document that informs the court and the defense that all material in possession of the prosecution that the defendant has a right to review has been turned over to the defense.  The defense has a right to review all material relevant to the charges, including material that might aid the accused.

On Sept. 17, the defense filed a motion seeking dismissal because the prosecution did not provide a copy of the dispatch center recording of police transmissions relevant to the arrest of Solomonidis. The prosecution countered that the discovery material included notice that the recording existed with instructions on acquiring a copy of the recording if the defense wished to listen to it. 

According to court documents, ADA Jenna Bauer, who took over the case at this time, argued in court that as a former dispatcher, she understood the difficulty in retrieving recordings given the limitations of the communication system in the dispatch center and that retrieving recordings took considerable time for a dispatcher.

On Nov. 30, 2021, the court held a hearing to examine the evidence in the case and the arresting officer was called to the stand.  During cross-examination, the officer was asked about his prior employment as a part-time police officer in the village of Perry. The officer testified that he had left the job because he believed he had violated the department's social media policy with a post or posts on Snapchat.  In court documents, this is called "the Snapchat incident." 

The officer said the department did not discipline him due to this incident.  Batavia PD subsequently hired him, and he remains a Batavia police officer.

Even so, the defense argued that this incident, which was apparently not discussed in detail during the hearing, constituted "50-a" material, or material in an officer's personnel file that could conceivably impeach the officer's credibility. 

The court gave the prosecution -- in keeping the existing case law -- more time to comply with the discovery requirements.

At a hearing on March 1, 2022, Bauer informed that no effort had been made to obtain information on the "Snapchat incident."  On March 17, she requested more time to obtain the information. 

"I have started my inquiry with the Perry Police Department," she told the court.

On March 28, the DA's office received a letter from the village of Perry clerk regarding the incident, and that letter was provided to the defense.

A month later, Rogers dismissed the charge against Solomonidis.

Appeal to County Court
In her ruling, Cianfrini overturned Rogers on the issue of the dispatch center recording. She determined the DA's office had complied with discovery rules by informing the defense the recording existed and providing instructions on how to obtain it and that once the defense made a request in court, the DA's office produced the recording within two days.

Cianfrini did find, however, that prosecutors failed to exercise "due diligence" in trying to acquire documents from the Perry Police Department regarding the "Snapchat incident." 

Cianfrini compared prosecutors' actions with a ruling in another case, People vs. Godfred, where a prosecutor provided extensive details on how she tried to obtain discovery material but could not.  The documentation provided to the court in that case demonstrated "due diligence" and "reasonable effort" as required by the law.

"... the Appellant's Brief is absolutely silent as to the steps the various prosecutors assigned to this case took to ensure that it had ascertained the existence of all discoverable information as it relates to impeachment materials, most notably the "Snapchat incident," Cianfrini wrote. "There is no explanation as to why the People were unaware of these potential impeachment materials. It is nearly impossible for this Court to gauge how obvious the missing materials would have been, given the dearth of information provided by the People. Moreover, the People provided a letter from the Perry Village Clerk. No letter was received from the PPD itself."

And she continues, "Unlike the prosecutor in Godfred, no clear record was made by any of the prosecutors assigned to this case as to specifically whom at the PPD was contacted to obtain the information (such as the police chief or supervising officer), method(s) of contact and attempted contact, or if they even spoke with the Officer himself about the violation after learning about it."

Cianfrini is a former first district attorney in Genesee County and noted in a footnote that the lack of due diligence could result from multiple ADAs handling the case, which led to the procedural issue being overlooked. 

"Given the lack of record of the efforts taken to ascertain the existence of the Snapchat incident, this Court is constrained to find that the prosecutors did not exercise due diligence or make reasonable inquiries to discover the existence of the same," Cianfrini ruled. "Thus, the initial COC and any subsequently filed COC were illusory, and the People were not ready for trial."

The COC is the Certificate of Compliance that all discovery has been turned over.  If evidence is missing, the legal term for the defect is "illusory." 

The lack of readiness for trial denied Solomonidis his right to a speedy trial, Cianfrini ruled. Thus, she upheld the dismissal of the DWI charge.

Batavia Police Chief Shawn Heubusch expressed dismay at the case's outcome, saying that the officer in question is a valued law enforcement officer.  He issued the following statement:

A recent ruling by a Genesee County Court dismissed a DWI charge made by a Batavia Police Department officer because of a prosecutorial error. 

The Court determined that the prosecution did not disclose that the arresting officer resigned from his position as a part-time officer with the Village of Perry Police Department over a social media matter. The officer resigned and subsequently joined the Batavia Police Department.

Our officer fully disclosed this matter during his interview with us. The Batavia Police Department fully supports our officer, and he has an exemplary service record.

O'Lacy's Irish Pub to continue with new owner

By Joanne Beck
o'lacy's

City of Batavia businessman Derek Geib confirmed to The Batavian Thursday that he's applying for a liquor license for O'Lacy's Irish Pub as part of a transaction to purchase the School Street bar and restaurant.

The site has been vacant since former owner Roger Christiano announced in November 2023 that he was closing due to family illness. 

Geib, who owns other successful downtown places, including Coffee Press, Bourbon & Burger, and Roman's, said that "in the next few weeks, the deal will be closed, and then we'll go onto the next phase" of re-opening the pub. He could not give a definite date as to when that will be as of yet, he said. 

Sponsored Post: Avoid the rush and get your GeneSEEtheEclipse commemorative ISO certified-safe eclipse viewing glasses now

By Lisa Ace
Chamber of Commerce


Avoid the rush and get your GeneSEEtheEclipse commemorative ISO certified-safe eclipse viewing glasses now! Stop into the Genesee County Visitor Center in Batavia today to purchase your glasses, order online at ShopGeneseeTheEclipse.com for pick up at the Visitor Center, or to ship direct to you.

Online orders can be shipped through March 15th cut-off date.  We have a limited supply, so don’t delay!

HUD awards $1.1M to GO Health with improved home safety in mind

By Joanne Beck

A federal Housing and Urban Development grant of more than $1.1 million for Genesee Orleans Health Department will put money right into the homes that need help to combat everything from infectious pests and noxious materials to fire hazards and ventilation obstructions, says Kaitlin Pettine, director of Health Promotion.

The grant of $1,182,681 was announced this week as part of a larger $39 million package for 15 states, including three recipients in New York counties of Albany, Madison and Genesee.

Families can own or rent a residence and would qualify by having some type of health and safety hazard, Pettine said. They would be assessed for radon, lead, mold, fire, trip, fall and fire hazards, ventilation and pest issues, asthma triggers, and “anything else that can reduce health and safety for residents,” she said.

“Funding from the program will be used to hire contractors and purchase supplies to remediate hazards found in the home,” she said to The Batavian Wednesday. “Many of these families disproportionately face disease and injuries in the home because of housing-related health hazards but are unable to remediate the hazards themselves. The ability to fix these health and safety hazards will help families, especially children, older adults, and people with disabilities, to live healthier, safer, and more independently in the home.” 

For example, radon can negatively affect one’s health, and GLOW counties have a high average indoor radon level, she said. This program may help to mitigate that substance in those eligible homes. 

Once a household qualifies, staff would then complete a “Healthy Homes” inspection, and if problems are detected, staff would complete a scope of work and coordinate with contractors to finish the project. Owner-occupied residents and landlords with eligible tenants are able to apply for the program.

“Another example would be if a ramp is needed for a resident to safely get up porch steps,” she said. “The grant may be able to help pay to get a ramp installed to prevent fall hazards.”

Pettine expects the local program to begin in mid-April for the GLOW region, as it is open to Genesee, Livingston, Orleans, and Wyoming county families that meet low-income eligibility of at or below 80 percent of the area median income level. It will run for 42 months, and GO Health staff is hoping to renew the grant for another term after this one ends, she said. 

“We are pleased so many local and non-profit leaders are interested in participating in this grant program in order to make the homes of low-income people safer and healthier,” HUD Secretary Marcia L. Fudge said in a press release. “Our partners are acting to intentionally address home health and safety hazards, and HUD is proud to support them.” 

Officials said that these investments will protect low-income families and children by eliminating significant health and safety hazards in more than 2,400 homes nationwide, including 55 families in the GLOW region, provide resources to build capacity for healthy home interventions and support the development of local workforces to hire housing renovation contractors and healthy housing practitioners to complete critical healthy homes work.  

For more about GO Health's community health services, go to www.GOHealthNY.org.

New Genesee County Jail inches closer to completion, still on course for March 15 deadline

By Joanne Beck
new jail feb 2024
Photo by Howard Owens

Hard to believe, but nearly two years have passed since the groundbreaking for the new Genesee County Jail, and officials are now talking about its completion being on time for this spring.

"I took a tour of the jail. Things look really good," Legislator Gary Maha said during this week's Public Service meeting.

Beyond aesthetics, crews have been on site ensuring that safety, infrastructure and technology have also been properly put in place since construction began in May 2022 after several years of the county's initial planning and saving for the $70 million, 184-bed facility. 

Regular updates by The Pike Company Senior Project Manager Carl York have kept legislators apprised about change orders, on-site tasks, weather issues, supply chain delays, worker injuries (there have been few), and the expected timeline with each passing month.

About 100 oversized cement pods made news in January 2023 as they were slowly hauled down Route 5 to the site of the new jail at 3839 West Main Street Road, Batavia. A ceremonial beam signing took place in July 2023 as work crews continued to put the pieces together for what York has continuously labeled a financially on-target and on-schedule project.

True, there have been supply chain issues and change orders throughout the construction process, but all the while York said spending was on budget. At one point, the timeline lost seven days due to rain, but the project remained on course, he said, and that still holds true for a March 15 deadline.

Legislature Chairwoman Shelley Stein asked if there would be tours available for remaining legislators, and Deputy Highway Superintendent Paul Osborn said most likely by April. The prison is expected to be up and running in June or July.

State budget message for Genesee County: increased spending to fight crime, improve mental health care, without increasing tax burden

By Howard B. Owens
NYSDOL Commissioner Roberta Reardon
NYSDOL Commissioner Roberta Reardon
Photo by Howard Owens

Once, when she was lieutenant governor, Kathy Hochul was dispatched to Genesee Community College to deliver then Gov. Andrew Hochul's message to local leaders on that year's state budget.

Now as governor, Hochul has assigned state department heads to deliver the budget message in Genesee County.

On Tuesday, state Department of Labor Commissioner Roberta Reardon told a couple of dozen people attending the briefing that the governor's proposed 2024-25 state budget will not add a fiscal burden to New Yorkers, and that the budget is balanced while increasing spending on fighting crime, ensuring New York's economic competitiveness, fixing broken infrastructure, fighting climate change, supporting education, addressing the migrant crisis, making advancements on housing, and improving access to mental health care.

The total spending plan is $233 billion, a 4 percent, or $6 billion, increase over the current budget.

The budget "does not increase income taxes and comes without cuts to services," Reardon said.

"Fighting crime remains a top priority in this budget," Reardon said. "The governor is proposing to make record investments and improvements in the justice system. The endgame here is to make New York a safer place to live, work and visit. Her plan allocates $40 million to crack down on retail theft, a recent issue that has impacted small businesses everywhere. The governor is also committing $40 million dollars to address domestic violence and $35 million to combat hate crimes across our great state."

The governor also wants to significantly increase spending on mental health issues. This will undo the wrongs of the past, Reardon suggested.

"We will rebuild our mental health system from top to bottom, which is needed after decades of underinvestment," Reardon said. "The governor's proposal earmarks $4.8 billion to overhaul the state's mental health continuum of care, and that is a 45 percent increase from 2022. Investments include $24 million for criminal justice-related programs, $37 million to help members of our homeless population who are struggling with mental health issues, and $43 million for supportive housing. This is a complex problem that requires a multi-pronged approach. The governor wants to devote $55 million to create 200 new inpatient psychiatric beds so New Yorkers can receive the care that they need. And we know that mental health also has a very significant impact on our youth, which is why she wants to commit $45 million to support services specifically for young New Yorkers. That funding will power school-based services and peer-to-peer counseling."

Reardon also said Hochul is proposing $35 billion in total school aid, which Reardon said is a $125 million increase from the prior fiscal year.

"In this region, school aid is increasing by $26 million to a total of more than $2.6 billion in funding," Reardon said.

What about creating jobs?
Prior to her talk, The Batavian was given an opportunity for a short, exclusive interview with the labor commissioner, so we asked how the state budget would help New York businesses hire more workers.

"As you know, the governor is really focused like a hawk on upstate economic development," Reardon said. "There are a lot of measures in the budget to help. There's the on-ramp program that ESD (Economic State Development) is running. There will be training centers along the I-90 corridor in support of the chip fab industry and advanced manufacturing. Also, she's got money in the budget for Geneseo and Brockport for the colleges. And obviously, there's a lot of infrastructure money for bridges, highways, potholes, all of that stuff. She's really focused on that."

The Department of Labor, Reardon noted, is really focused on helping people find careers "that they love."

"That is really one of the best things about the Department of Labor," Reardon said. "We do it every day. She's a huge supporter. She always has been and we work together very closely. She's working on targeted industries, but we help everybody. If you want to go to work in a chip fab or advanced manufacturing, we'll help you do that. But if you also want to work locally and stay here, we'll help you do that, you know, whatever your need is, we connect workers to training to employers to wraparound services if they need it. This is a really big priority for the governor."

As a follow-up question, we asked if we could expect any additional spending to assist business parks in Genesee County, such as WNY STAMP or the Genesee Valley Agri-Business Park. As Reardon said that was something she would need to look into and get the information to The Batavian, a staff member gave a head shake of, "No."

City Fire Department determines mattress as origin of McKinley fire, cause is unknown

By Press Release

Press Release:

On Sunday, February 18, 2024, the City of Batavia Fire Department responded to a reported house fire at 14 McKinley Ave. in the City of Batavia. Initial fire units arrived on-scene four minutes after the initial dispatch, reporting heavy fire from the front door of the residence, and requested a second alarm.

Crews stretched a hose line and made entry into the building for fire attack and searched for any occupants as other crews were securing a water source on McKinley. Crews quickly reported that the initial fire hydrant was inoperable and immediately began to look for another one in the area. While this water disruption was only for a brief amount of time, the high winds caused the fire to grow extremely fast resulting in the order to evacuate fire crews from the building and fight the fire defensively.

All residents were able to exit the structure prior to fire department arrival. One adult resident was transported by ambulance to Strong Memorial hospital suffering from smoke inhalation and burns to the lower legs. The house consisted of an upper and lower apartment, suffered significant fire damage and is considered a total loss, displacing seven people.

Fire investigators were able to determine the origin to be a downstairs bedroom in the center of the residence, in the area of a mattress. The cause is unknown.

The City of Batavia Fire Department checks the nearly 600 fire hydrants in the city annually. This consists of checking for proper operation, pressure, and greasing the caps. If a hydrant is deemed to be damaged or out of service, it is reported to the Water Department. The Water Department responds promptly and works very hard to ensure these hydrants are operational.

While the damage to the hydrant on McKinley is unknown, it could have been from a wide variety of causes. The Water Department was notified of this hydrant being out of service and since that time is now operational and in service. Currently the City has only one fire hydrant out of service, and crews are working to get that hydrant in service. It is important to note that even with multiple crews checking, and correcting hydrant issues as they arise, things can happen that are out of our control and unknown.

If anyone sees an issue with a hydrant, I urge you to contact the Fire Department so it can be checked and fixed.

The City of Batavia Fire Department was assisted by the City of Batavia Police, Water
Department, Codes Department and DPW, as well as the Genesee County Emergency Dispatch Center, the Town of Batavia Fire Department, the Elba Fire Department, Oakfield Fire Department, Stafford Fire Department, Leroy Fire Department, Mercy EMS, Genesee County Office of Emergency Management, Bergen Deputy Chief Garrett Dean, National Fuel, National Grid and the Salvation Army. Special thanks to Assistant City Manager Erik Fix and DPW Director Brett Frank for responding to assist and provide refreshments for responders.

Catholic Charities seeks volunteers for home visitation and friendly phones program

By Press Release

Press Release:

Catholic Charities of Buffalo is looking for both older adults and volunteers to participate in its free Home Visitation and Friendly Phones programs in Genesee and Orleans counties. 

Both programs depend on dedicated volunteers to provide one-hour weekly visits or phone calls to isolated seniors aged 60 or older who have limited ability to leave their homes.

“Social isolation, especially during the cold and dreary winter months, can impact the health and well-being of older adults,” said Linda Chadderdon, program manager, of Catholic Charities. “Volunteers can help make a difference in alleviating some of the loneliness with regular conversations and socialization.”

During visits, participants and volunteers often engage in friendly conversation and partake in activities such as board games, puzzles, and crafts. Volunteers do not help with personal or medical care, banking, shopping, or transportation.

Interested volunteers must be at least 21 years old, and an interview, and background check are required. Training will be provided upon acceptance into the program.

The Home Visitation Program is funded through a grant from the Muriel H. Marshall Fund through the Rochester Area Community Foundation.

If interested, please call Catholic Charities at 585-343-0614 to request an application as a participant or for more information on volunteering.

Genesee County Republican Committee endorses candidates for November election

By Press Release

Press Release:

Scott D. German, Chairman of the Genesee County Republican Committee, held a meeting on Feb. 15 to endorse candidates for the November Election.

All candidates were given the opportunity to address the Committee and the following were endorsed:

  • Present Congresswoman Claudia Tenney 
  • Present NYS Senator George Borrello
  • Present NYS Assemblyman Stephen M. Hawley
  • Present NYS Supreme Court Justice Debra Chines 
  • Genesee County Sheriff candidate Joseph Graff
  • Genesee County Treasurer candidate Kevin Andrews, present Deputy Treasurer 
  • Genesee County Coroners Karen Lang, present Coroner and candidate Drew Klotzbach

With endorsements being made for the Republican candidates petitions will be circulated starting Feb. 27.

If you have any questions you can contact Chairman German at 585-409-4870 or email at GeneseeChair@yahoo.com

Battle of the Badges pits Batavia fire against police Sunday

By Press Release

Press Release:

CAN-USA Sports is excited to announce the return of the Battle of the Badges, City of Batavia Police vs City of Batavia Fire. Sunday, Feb. 25 at 6:30 p.m. at the David McCarthy Memorial Ice Arena.

Doors open at 5:30 p.m. Tickets start at just $10 and proceeds benefit the David McCarthy Memorial Foundation.

The City of Batavia Police Department took the inaugural battle of the Badges Cup last year with the event raising over $3,000 for the David McCarthy Memorial Foundation. 

“We are looking forward to getting these two great departments together for the 2nd straight year. The David McCarthy Memorial Foundation has helped so many families in our community over the years and we are excited to donate the proceeds to such a meaningful organization again this year.” official quotes from Detective James DeFreze (Detective-City of Batavia Police) & Matt Morasco (City of Batavia Fire Department). 

Kids 12 & under are free to enter and tickets are just $10 with proceeds benefiting the foundation. Tickets can be purchased online at www.mccarthyicearena.com or in person at the Ice Arena.

POLICE ROSTER

  • #11 - Jim DeFreze
  • #13 - Steve Quider
  • #15 - Connor Borchert
  • #18 - Steven Cronmiller
  • #20 - Chris Lindsay
  • #36 - Adam Tucker
  • #54 - John Gombos
  • #57 - Matthew Smith
  • #58 - Chance Hudson
  • #62 - Eric Hill
  • #69 - Aric Perkins
  • #72 - Matt Lutey
  • #74 - Brian Moscicki
  • #76 - Felicia DeGroot
  • #83 - Ricky Messmer
  • #98 - Andrew Mruczek

FIRE ROSTER

  • #7 - Josh McCarthy-CBFD
  • #10 - Ryan Whitcombe-CBFD
  • #12 - Chris Morasco-CBFD
  • #15 - Matt Morasco-CBFD
  • #19 - Zechariah Gowanlock- CBFD
  • #31 - Steve Hammerl-Rochester FD
  • #32 - Colin Cooper-CBFD
  • #36 - Mark Sacheli-CBFD
  • #37 - Bob Tedford-CBFD
  • #39 - Mike Morris-CBFD
  • #44 - Jeff Whitcombe-CBFD
  • #51 - Brian Fix-CBFD
  • #56 - Russ Borden-Town of Batavia FD
  • #57 - Chad Brade -CBFD
  • #59  - Allison Hubert-CBFD
  • #67 - Karl Zufall-CBFD
  • #96 - Andy LaForce-Buffalo Airport FD

If you or someone you know owns a local business that would like to help sponsor the event, please contact Marc Witt, General Manager/Ownership – CAN-USA Sports, mwitt.canusa@gmail.com for opportunities.

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