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Photo: Residents at 400 Towers celebrate 90th (and 95th) birthdays

By Howard B. Owens

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There was a birthday party at 400 Towers in Batavia on Sunday, with four of the residents celebrating their recent 90th birthdays and one, his 95th.

Pictured: Hazel Preedom, 90, Eleanor Day, 90, Julia Scalia, 90, Frank Aquino, 90, and Donald Hart, 95.

Photo by Howard Owens.

Bicyclist falls, possible injury, near roundabout in Batavia

By Howard B. Owens

A bicyclist has reportedly fallen and may have suffered a head injury on South Main Street, near the roundabout, in Batavia.

City Fire and Mercy EMS dispatched.

UPDATE 1:15 a.m.: I drove over to the roundabout for an update, and the scene was cleared when I arrived.  

Batavia parishes hold confirmation classes

By Howard B. Owens

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Resurrection and Ascension parishes hosted their annual confirmation retreat on Sunday morning at St. Mary's in Batavia.

The class was led by Jason Smith and Ron Chrzanowski.

Smith said that Father Ivan offered a blessing after the 9:15 mass, and then candidates engaged in several activities, including making a coat of arms, and church collages symbolizing elements of the faith. They also studied the Corporal Works of Mercy, and presented their Saints in an interview style.

Candidates will be confirmed on May 28 at St Joseph’s Cathedral in Buffalo by Bishop Fisher. 

Submitted photos and information.

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Pavilion loses close Far West Regional to Randolph

By Howard B. Owens

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Pavilion's 42-40 loss came down to the closing minute of play against Randolph in the Class C Far West Regional Championship game at Buffalo State Sports Arena.

Karlee Zinkievich hit a three-pointer with 40 seconds left in the game to tie the score at 40-40. 

The Girls Basketball title game on Saturday, which determined which Class C team would advance to the state semifinal game, was decided on a two-point basket by the Cardinals with 12.3 seconds left.

The Batavian did not receive statistics for the game.

Photos by Debra Reilly.

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Alexander/Perry Air Rifle Team places fourth in state championships

By Howard B. Owens

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The Alexander Air Rifle Team, which includes shooters from Perry High School, placed fourth, as representatives of Section V, this weekend at the NYS Invitational Shooting Competition in Lancaster.

Team members:

  • Parker McGarvey
  • Logan Church
  • Liam Hyland
  • Evan Gifford
  • Garrison Butler
  • Katelyn Green
  • Devin Bubel

The coaches from Alexander are Tom Green and Brian Waite. The coaches from Perry are Dillon Hirsch and Nathan Paddock.

Photo and information submitted.

Attorneys grapple over interpretation of law and facts in Scott Doll motion hearing

By Howard B. Owens
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An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Pembroke loses state qualifier 59-56

By Howard B. Owens

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While the Pembroke Dragons are Class C2 champions in Boys Basketball, their season ended on Thursday in the state qualifier game, consolidating Section V's Class C trophy winners into one team that advances.

The Dragons lost to Lyons 59-56.

No statistics were submitted for the game.

Photos by Jessica Pfalzer

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Two accidents with entrapment reported in Bergen

By Howard B. Owens

Two accidents are reported in Bergen, both with injuries and entrapment.

The first accident reported was at Jericho and Townline Road the second at Route 33 and Route 19.

Two vehicles involved in the first accident, three in the second.

Bergen Fire and Mercy EMS dispatched to both accidents.

UPDATE 3:53 p.m.: At one of the accidents, a responder reported no entrapment but assistance needed in getting patients out of a vehicle.  

UPDATE 3:55 p.m.: Le Roy Ambulance requested to the Jericho Road accident.

Photos: Friday's Sunrise

By Howard B. Owens

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South Main Road, over the Tonawanda, Batavia. Photo by Chris Suozzi.

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Oakfield. By Kristin Smith.

Accident reported on Ellicott Street Road, Batavia

By Howard B. Owens

A truck has reportedly hit a pole on Ellicott Street Road at Shepard Road, Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:52 a.m.: There's also a truck off the road with a fuel leak on Route 63 and Little Canada Road. Bethany Fire responding.  A minor injury reported at the Shepard Road incident. 

UPDATE 11:53 a.m.: Shepard Road, no injuries. The driver is in an emergency vehicle, warming.  Low-hanging wires, none detached.

UPDATE 12:03 p.m.: Trucks can't get through because of the low-hanging wires at Shepard Road.  A single lane is open for cars.

UPDATE 12:08 p.m.: Traffic control is needed at Little Canada Road. "We're on a bend in the road here. People are flying around the curve before they see us."

Scott Doll takes another swing at overturning his 2010 murder conviction

By Howard B. Owens

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NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Accident reported a Route 19 and Vallance Road, Le Roy

By Howard B. Owens

A two-car motor vehicle accident is reported at Vallance Road and Route 19 in Le Roy.;

Injuries are reported.

It is partially b;ockijg

Le Roy Fire and Le Roy Ambulance responding. 

 UPDATE 8:26 a.m.: Stella's towing both pickup trucks. Law enforcement is clearing the scene. 

Environmental overhaul for Centennial Park announced as part of new 'resiliency plan' for county

By Howard B. Owens

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Centennial Park isn't what it once was, and a new plan unveiled at a press conference Monday aims to restore some of its previous features and make it more environmentally compatible with a changing climate.

Some 60 trees, out of about 200 trees, will be removed -- mostly silver maples -- and another 400 trees and shrubs of various species (all native to the region but also compatible with a warming environment) will be planted over the next five years, with one of the main features of the original park being restored: grass footpaths.

The plan is part of a state-driven initiative for communities to create resiliency plans.  The changes at Centennial Park are just one aspect of the countywide initiative. 

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Kisha Santiago-Martinez

"This plan presents a comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events," said Deputy Secretary of State Kisha Santiago-Martinez. "By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters."

The draft plan for the park states that it "addresses the role of the park in the ecological network and calls for action in these areas of concern: urban heat island effects, public health, mitigation of storm-water runoff, biodiversity and climate change."

The Centennial Park plan calls for the creation in the park of resilient habitats through the introduction of climate-adaptive native plant communities.

Plants will be selected to provide a tree canopy along with under-canopy tree species, as well as shrub species that support pollinators and wildlife. 

The history of Centennial Park -- at one time known as State Park because of its affiliation with the New York State School for the Blind -- goes back to the 1880s, when Asa Lord, the first superintendent of the school, spearheaded the effort to create a green space with walking paths, ponds, trees, flowerbeds, a bandstand and a gazebo.

The park was deeded to the City of Batavia in 1969.

Over time, many of the features of the park disappeared -- the ponds, the flowerbeds, the bandstand, and the gazebo, and unless you knew where to look, there's little trace of the former walking paths.

David Beatty, a Batavia resident who served on the committee that helped develop the plan for Centennial Park, said there has been a real effort in the plan to both preserve the history of the park and enhance its enjoyment for community members who visit it as the city's primary open green space.

"We'll be removing a lot of trees, but the trees that remain, though, they'll blend in with our new plan," Beatty said. "It's really species driven, ecologically driven. The idea was to reinforce the old historic patterns with the pathway patterns by the vegetation, the trees."

The paths will be grass but maintained so that they're clearly visible.

"It is a key design element to remain with grass," Beatty said. "The idea is to use the maintenance crew, in the summers, to keep the path mowed, so the grass in the paths will be shorter and let the park be visible, let the park grow. Don't mow it. Manage it."

As part of the plan, one of the things that will change is the removal of the golden, red, and orange leaves that fall into the ground in October and November.

The report states:

Rake (or blow) fallen leaves around tree groups to create a mulch bed. Do not mulch fallen leaves with the mower, as this will destroy Lepidoptera eggs laid on the underside of tree leaves (primarily oak leaves). Leaf litter also provides shelter for overwintering adult Lepidoptera and caterpillars in diapause Additionally, leaf litter helps to retain soil moisture and recycles nutrients to the soil. 

County Legislator Marianne Clattenburg noted during her remarks at the press conference that Centennial Park has served in recent years as a hub of community events. At one time, it hosted Picnic in the Park. It continues to host the GLOW Corporate Cup, performances by Batavia Concert Band, a recent Lemonade Stand fundraiser as well as the first pine box derby in the community in decades.  There is also the annual Kiwanis Easter Egg hunt in the park.

"As you can see, Centennial Park is a beautiful resource, but it is also the hub of community gatherings," Clattenburg said. "Resiliency plans such as this are tremendously important, as we recognize the need to plan for the future in order to preserve the treasures of the past."

Beatty said preserving space for community events was a specific point of discussion by the committee.

The problem might be parking.

When there are large events at Centennial Park, attendees tend to park their cars on the grass along Park Avenue even though the entire area is posted "no parking."  

And it's important, Beatty said, that people don't park on the grass because the cars compact the soil, damaging the root systems of the trees and shrubs.

"There will be an effort to change the parking patterns," Beatty said. "The city is going to need to figure that out."

There will also be a cinder path along Park Avenue, as there is now along Richmond Avenue, part of the re-imagined park. That will discourage parking along Park Avenue, Beatty suggested.

To fund the multi-year study and plan development, Genesee County partnered with the non-profit New York Green. The plan was also funded with a $250,000 grant from the NYS Department of State Smart Growth Program.

Click here for a 44-page PDF of the Centennial Park plan. It contains details on the three phases of tree planting and what plants are being considered for the park as well as historical, current, and projected maps of the park.  You can view in more detail the map reproduced as an illustration at the top of this story, which shows what planners anticipate the park will look like when completed.

NY Green has also created a website dedicated to Genesee County's resiliency plan, which goes well beyond Centennial Park.  There you will find a link to the full 454-page report. The 454-page report cites a number of "news" interviews with local elected officials as source material.  The un-bylined "articles" appear on images of paper for a seemingly non-existent news publication, "Changing Times."

A press release from the Department of State about the county's resiliency plan lists these objectives:

1. Flood Management/Emergency Preparedness Strategies:

  • Increased communication to residents in flood-prone areas of hazards/risks from weather;
  •  Increased inter-municipal cooperation and coordination for warnings;
  • Repurposing of acquired flood-prone properties for conservation or recreation; and
  • Implementation of flood protection measures.

2. Land Conservation/Water Quality Protection Strategies:

  • Implementation of Green Genesee Road Map; protection of riparian land buffers;
  • Obtaining development rights to high-quality farmland;
  • Increased agricultural Best Management Practices; and
  • Proper management of large-scale solar and related battery storage projects.

Resilient Infrastructure Strategies:

  • Usage of green stormwater infrastructure and renewable energy sources;
  • Accommodation of sizing for culverts for volume and waterway functionality;
  • Expansion of tree planting and maintenance;
  • Enhanced water supply infrastructure; and
  • Protection of power during severe weather.

4. Community Capacity/Public Education Strategies:

  • Preparation of a Local Waterfront Revitalization Plan for the Tonawanda Creek area;
  • Education on the incorporation of green infrastructure for municipalities and communities;
  • Public information on invasive species reduction;
  • Native plant use; and
  • Promotion of renewable energy and energy efficiency. 

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Marianne Clattenburg speaking.

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Mark Masse, senior vice president of operations for GCEDC, said among the things businesses looking to locate operations in Genesee County ask about are quality of life issues for employees and what is local government doing to promote environmentally sustainable development.

"Those two questions have taken on a greater significance and importance in today's site selection processes as companies emphasize the well-being of their employees as well as the environment," Masse said. "That is why the GCEDC works so closely with the Genesee County Planning Department and other county and local government agencies on green infrastructure plans, site plan layouts and smart growth principles. The countywide resiliency plan unveiled today looks at preserving public spaces for people to enjoy while also preserving and protecting our water supply and identifying projects to help with the overall environmental quality of our community."

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Shelley Stein, chair of the Genesee County Legislature, said, "The resiliency of our valuable land in our natural resources is a hallmark of Genesee County and our dedication to land use planning, and especially as an agricultural community. For instance, one of the goals of Genesee County's smart growth plan is to protect farmland and the rural character of our countryside and maintain the viability of our agriculture. By engaging all sectors of land use planning, desired outcomes and local government partners, including the City of Batavia. It has brought forward a well-thought-out, environmentally sensitive and achievable resiliency plan."

Town of Batavia Fire celebrates 75th Anniversary at annual banquet

By Howard B. Owens

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The Town of Batavia Fire's banquet Saturday at Terry Hills was more than awards and installation of officers; it was also a celebration of the department's 75th anniversary.

Chief Christopher Strathearn, being sworn in above, began his second term as chief and, in his annual report, said that the department responded to 409 calls in 2022 with 3,309 member responses to those calls for a total of 2,402 manhours by volunteers out on calls.

The department currently has 48 active members.

The 2023 officers are:

  • Chris Strathearn, chief
  • Robert Hunt, deputy chief
  • Paul Dibble, first assistant
  • Joshua Boyle, second assistant
  • Bryan Mosciki, captain
  • Lieutenant, Clayton Gorski
  • Paul Barrett, safety officer
  • Scott Garlock, president
  • Tom Cunningham, vice president, Steve Coburn, secretary
  • Don Koziol, treasurer
  • Directors: Tim Yaeger, Dan Jacques, Paul Bareet, Gary Diegelman, and William Allen.

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Dwayne Fonda Jr., flanked by Strathearn and Garlock, was named Firefighter of the Year.

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Tom Garlock, who joined the department 10 years ago, received the president's award.  His father, Scott Garlock, presented the award and talked about the night he and his wife first met; the first hour they met.  They were in the GCC parking lot, and a fire truck went by on its way to a garage fire. Garlock told Lynn, "Let's go," and they followed the truck to the fire. Garlock wasn't even a volunteer yet.

"I think she knew what she was in for," he said.

Both of their sons joined the department, and it seemed like destiny.

"My President's Award this year goes to that little boy who, in first grade, his teacher came up to me and said, Mr. Garlock, your son seems to know an awful lot about fire, the fire department, and fire trucks," Garlock said. "I said, 'how so.' She said, 'Whenever I read stories, and there's a fire truck in the story, your son always corrects me and says, 'no that's an engine,' or 'that's a ladder truck.'"

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Tyler Stewart went out on 205 calls, making him the department's top responder for 2022.

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Past chief Frank Riccobono was recognized for his 40 years of service to the department.

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Dan Coffey became a line officer in 2005.  He served as chief from 2017 to 2021. He wasn't able to attend last year's dinner so his service was recognized on Saturday night.

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Town of Batavia Fire volunteers.

Photos by Howard Owens.

Top seed Pembroke wins sectional final in thrilling three point victory over York

By Howard B. Owens

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The Pembroke Dragons are Section V champions in Boys Basketball, beating York in the Class C2 final at Blue Cross Arena on Sunday, 62-59.

The game was close for all four quarters, with York leading most of the way in the first half, but Pembroke regrouped in the third quarter and held onto a slender lead at the end when time ran out on York.

Scoring:

  • Tyson Totten, 16 points
  • Cayden Pfalzer, 12 points
  • Avery Ferreira, 13 points
  • Jon Suro, 14 points
  • Chase Guzdek, 7 points, 15 rebounds

"York is a great team, and Ed (Orman) does a really good job with his squad year in and year out," said Coach Matt Shay. "Our kids showed a lot of resilience responding to how York jumped on us early. We came out really tough in the third and made a nice run, but when you get to this level, teams are going to make runs on their end as well. York did that by switching to a press and a 2-3 zone. I was really proud of how some of our guys stepped up tonight. Avery, Jon, and Chase really came up huge for us today. This group has worked really hard, and they deserve this."

The Dragons get a bye in the first round of regionals. Pembroke will play the winner of Lyons vs. Northstar Christian on Thursday, March 9, in the Quarterfinals, location TBD.

To view or purchase photos, click here.

Photos by Steve Ognibene

After winning the championship, the team bus was escorted by the Pembroke Volunteer Fire Department from Batavia to the school. Video by Jessica Pfalzer.

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Photos below by Jessica Pfalzer. For more photos, click here.

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Notre Dame/Alexander has strong showing at state indoor championships

By Howard B. Owens

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The Notre Dame/Alexander Indoor Track Team wrapped up its season at this state meet on Saturday in Staten Island with a seventh place state finish in the 4x400 relay, posting a time of 4:09.89.

Jadyn Mullen placed 17th in 55 hurdles with a time of 8:92 and 18th in the 600 with a time of 1:39.08.

Submitted photo and information.

Notre Dame boys end season to state ranked Avoca Prattsburgh 93-67

By Howard B. Owens

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The Fighting Irish found themselves in a tough match for the Class D1 title against Avoca/Prattsburgh on Saturday at Blue Cross Arena in Rochester.

At 16-5, Notre Dame was the #3 seed in the class; at 19-2, the athletes were ranked #1.

Haden Abbott's 28 points helped lead Avoca to a 93-67 win.

For Notre Dame, Jay Antinore scored 17 points, Ryan Fitzpatrick, 15, Jaden Sherwood, 15, and Jordan Welker, 11. 

To view or purchase photos, click here.

Photos by Steve Ognibene

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Cedar Street Sales and Rentals remains family run as it enters its fourth decade

By Howard B. Owens

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It takes a lot of hard work and perseverance to make it in business for 30 years, Guy Clark said Friday, following a ribbon-cutting to celebrate the 30th anniversary of Cedar Street Sales and Rentals in Batavia.

"A lot of it is also being a big part of the community," Clark said.

The celebration also makes another significant transition for Clark, who is taking on the role of being semi-retired, reducing his work hours to Monday, Wednesday and Friday, with his sons Adam and Connor taking on more responsibility for the business.

"They have been over the last few years (taking on a bigger role)," Clark said. "They both went to college and came aboard afterward. They got business degrees. We didn't plan on it. It just happened to work out like that. They're so smart and innovative, and you really have to be these days. You can't wing it like I did forever. You have to be very methodical."

He said he has a lot of confidence in his sons, and all three men work together well.

"It's awesome to have someone to throw things around with, to bounce things off," Clark said. "Now we have a quick little powwow -- what do you think about this -- and we just did that with the Home Show. Will we be in the Home Show this year? We talked about not being in it because it's in the middle of April, kind of late for us.  Just as we stood there, said, What do you think? Well, I'll work, and I'll work. Let's go. Let's do it. So it's fun to have those kinds of decisions instantly."

Photo by Howard Owens.

Le Roy misses out on trophy with 52-43 loss

By Howard B. Owens

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Le Roy lost its Class B2 championship game to Wellsville at the Blue Cross Arena in Rochester on Saturday, 52-43.

There are no game statistics available. 

Maveric McKenzie received the sportsmanship award, while Merritt Holley and Andrew Pocock were named to the all-tournament team.

Photos by Jason Coniber.

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