news

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions pique your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you. The museum is reaching out to anyone with an interest in local history who would like to volunteer.

Any amount of time that can be given is welcome; even an hour a week can make a great difference. Volunteers can work in many different areas, and interests and strengths will be used to the most optimum effect. Areas of need include: cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc. Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 am to 4 pm.

If you have an interest in volunteering with the Holland Land Office Museum, don't hesitate to get in touch with Director Ryan Duffy at 585-343-4727 or hollandlandoffice@gmail.com. Information can also be found at the museum’s website at www.hollandlandoffice.com.

Photo: May 2015 file photo by Howard Owens.

Press release:

Congresswoman Claudia Tenney (NY-24), member of the Ways and Means Committee, today cosponsored the Financing Lead Out of Water (FLOW) Act, bipartisan legislation that will remove federal red tape to help more municipalities finance water projects focused on the removal of lead service lines. The legislation will make it easier for upstate New York counties to finance and execute water projects.

This legislation was introduced in the House of Representatives by Congressman Dan Kildee (MI-8).

The FLOW Act would allow bonds issued by public water utilities to finance the replacement of private lead service lines to bypass the U.S. Internal Revenue Service’s (IRS’s) “private business use test.” Streamlining this process in the tax code will help more communities access low-cost financing for lead service line replacement. This becomes more important as laws regulating lead in drinking water are updated nationwide.

Lead service lines are unique pieces of infrastructure often owned by the local government and private citizens. Removing them is costly but can be financed by issuing tax-exempt bonds. However, under current law, if a water utility issues bonds to fund the replacement of lead service lines buried on private property, the utility must prove that the bond proceeds will not mainly benefit private businesses. Providing this documentation to the IRS requires extensive and costly analysis, delaying these infrastructure projects. The FLOW Act would remove this expensive and time-consuming barrier.

“Outdated lead pipes are still an issue for many communities, but the process to install new pipes is often filled with unnecessary and costly roadblocks for municipalities,” said Congresswoman Claudia Tenney. “The FLOW Act removes the federal red tape that prevents too many of our communities from affordably tapping into the investments they need to provide affordable, clean drinking water. I'm introducing this bill to support water infrastructure programs and address hazardous lead pipes.”

Press release:

The Batavia Society of Artists is hosting artist Karen Crittenden on Tuesday, March 14, at Go-Art/Seymour Place, 201 E. Main St., in Batavia at 7 p.m.  Karen will be demonstrating hands-on collage multimedia.  all materials will be provided at no charge.  Tavern 2.0.1. will be open for cash purchases.  Non-members are welcome with a $5 fee.  We are always accepting new members, Single $30, Couples $50, and Students/Veterans $10.

Karen is a lifelong artist who has had a love of all things colorful and accessible.  Her current work has been based in collage/mixed media and photography.  She has traveled to a lot of wonderful places, and this often has an effect on her work.

In recent times she has been collecting and working on making books, journals and junk journals with all the fun vintage and handmade ephemera to go inside those books.  She also enjoys designing and stitching her own embroidery designs.

Karen owns and operates a niche yarn and media business where she offers group and private lessons in a variety of media.  

Press release:

New York State Senator George Borrello announced that the New York Conference of Italian-American State Legislators is accepting applications for four $4,000 scholarships, two academic and two athletic.  

Scholarships are available to residents of the 57th Senate District who are current college students or high school seniors entering college. Students can access and complete the application by visiting: https://www.nyiacsl.org/apply-for-scholarship-form. 

The application deadline is Monday, March 27.  

“This is an excellent scholarship opportunity for high school seniors and college students in the 57th Senate District who have worked hard, distinguished themselves from their peers and intend to pursue higher education,” Senator Borrello said. “With college costs continually rising, this is a chance to lessen the financial burden that is a concern for so many young people and their families. I encourage eligible students in my district to apply.”  

Applicants should have a grade point average of 85 or higher; be active in community service and extracurricular activities and demonstrate financial need. In addition to these qualifications, students applying for an athletic scholarship must also be involved in an organized sport(s). Applicants need not be of Italian-American heritage to apply. 

Scholarship recipients will be announced in May, and the winners will be honored at a ceremony in Albany. 

The New York Conference of Italian-American State Legislators is a bipartisan organization of state Assembly and Senate members who actively promote and celebrate the state’s Italian-American community. 

Earlier this year, Senator Borrello was chosen by his Senate and Assembly colleagues to serve as president of the New York Conference of Italian-American State Legislators. 

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.

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. 

Editor's Note:  A list of school districts has not been officially distributed, however, The Batavian had obtained a copy of the lawsuit and therefore was aware and was the first to report that Batavia City Schools was one of the districts in the lawsuit. Each district's Board of Education will need to approve the settlement amount before it becomes official, the city school district's communications spokesperson said Tuesday.

Batavia City Schools is slated to receive $35,000 as part of a class action lawsuit that was settled with Juul Labs, Inc. for $3.6 million for its alleged participation in marketing vaping products to children.

The settlement with 143 school districts and BOCES throughout New York State was announced Tuesday. The lawsuit alleged that Juul Labs, makers of popular vaping products, “fraudulently and intentionally marketed” the products to children.

“We sadly have students that vape, and of course it is detrimental to their overall health and well being,” Batavia Superintendent Jason Smith said to The Batavian. “This lawsuit represented an opportunity for the District to perhaps ‘right some wrongs’ on behalf of our students.”  

Smith did not elaborate on the specifics of how the negative effects of vaping were assessed, as asked by The Batavian. 

The city school district has been monitoring bathroom use at the high school, Smith said, and using vaping detectors. Bathroom doors are locked for maintenance and cleaning reasons when needed during the school day, but “that is the only time,” he said. The Batavian asked about locking the bathroom doors in response to receiving some anonymous complaints from the public.

The $35,000 from lawsuit proceeds will be invested in “our preventative and restorative program called VAPE University.”

“It is essentially a program that we pair with traditional consequences for students who have violated the Code of Conduct with respect to vaping,” he said.

BHS Principal Paul Kesler added that Vape University is a program that’s being piloted “to help students with positive replacement behaviors if they are stuggling with quitting vaping.”

“We are hoping that parents will reach out to us if they have concerns with their child vaping so we can proactively help students before they would be caught vaping at school,” Kesler said.

The news release issued Tuesday named Ferrara Fiorenza PC as the plaintiff attorneys representing the school districts in the lawsuit, coordinated with firm partner Jeffrey Lewis in joining a mass tort action seeking recovery for past and future damages relating to student vaping, including money spent on vaping-related issues on campus.

“Vaping among children is an extremely harmful and pervasive problem that our school district clients are facing every day,” Managing Partner Joseph Shields said in the release. “We were thrilled that 143 of our clients opted to stand together and join this mass-action lawsuit to advocate for students and taxpayers throughout the state. This settlement will go a long way in helping our communities, and school districts develop the resources needed to combat the student vaping epidemic.”

The settlement provides resources for schools to fund future expenses, for example, the cost of installing vape detectors in district bathrooms, hiring additional staff to supervise vaping areas on campus, hiring additional counselors to deal with well-documented social and emotional issues associated with nicotine addiction, and developing and operating educational programs about the harms of vaping.

Does Smith believe the district can make an impact on students’ vaping behavior?

“Of course, we always believe that, and that is a core mission--to impact positive change for students,” he said. “Families are encouraged to be part of this process, and their feedback is always welcomed.”

File photo of Jason Smith from Batavia City Schools.

Press release:

No matter who we are or where we come from, we all know at least one person affected by opioid use disorder. Since 2018, there have been 59 fatal opioid overdoses in Genesee County, with 16 additional deaths still pending official causes of death as of February 2023. In 2021, Genesee County experienced at least 9 fatal opioid overdoses (16.6 per 100,000).

But there is hope! Opioid use disorder is a type of substance use disorder and chronic brain disease that occurs when people continue to use opioids despite negative consequences. Like many other chronic diseases, opioid use disorder can be managed with medications like buprenorphine, naltrexone, and methadone that reduce withdrawal symptoms and cravings and decrease the risk of relapse and overdose death. However, stigma and the fear of being judged or discriminated against keep people with opioid use disorder from seeking the medication they need to support their recovery.

To address this challenge, the Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) and other community partners will implement the second of three communications campaigns from March 6 - May 5, 2023, to help:

• Increase understanding of medications for opioid use disorder (MOUD) and
• Reduce stigma that impacts people with the disease from seeking medical care.

A HEALing Communities Study spokesperson, Scott, had taken MOUD for several years as part of his recovery path. Today, he has stayed on track for more than three years without medication assistance.

During an interview led by study staff, Scott provided details of his extensive struggles with substances, including heroin and fentanyl. He also emphasized the importance of medication such as methadone and suboxone. Scott, who has turned his life around and now is a certified recovery peer advocate in Rochester, calls upon his own experience as a “message of hope” for others struggling with opioid use disorder.

“Medication maintenance in recovery can give people a chance to start their journey to sobriety,” he said, “because sometimes people can’t just stop.” His advice to others is to not give up because MOUD does work.

“Medication is a vital component to treatment. Anybody can be successful with the right program and support and can maintain a successful life. I don’t know where I would be without MOUD,” he said.

“We are so thankful to all of the spokespersons who have shared their powerful stories about their recovery journey and how they have overcome challenges to seek medication for opioid use disorder to support their recovery,” said Charlene Grimm, member of the GOW Opioid Task Force HEALing workgroup. “Their stories continue to save lives by inspiring people with opioid use disorder to stay on medication as long as needed.”  

About the HEALing Communities Study
The National Survey on Drug Use and Health (NSDUH) estimates that 2.1 million Americans have opioid use disorder, yet fewer than 20% of those receive specialty care in a given year. New York State has one of the highest rates of opioid overdose deaths in the nation. A menu of evidence-based practices (EBPs) exists, including opioid overdose education and naloxone distribution programs, prescription opioid safety, FDA-approved medications for opioid use disorder, behavioral therapies, and recovery support services. Unfortunately, these EBPs have largely failed to penetrate community settings.

As a result, the National Institutes of Health (NIH) and the Substance Abuse and Mental Health Services Administration (SAMHSA) launched the HEALing Communities Study (HCS) to identify the EBPs that are most effective at the local level in preventing and treating OUD. The goal of the study is to reduce opioid-related overdose deaths by 40 percent. The first phase of the study, which ended June 30, 2022, occurred in Cayuga, Columbia, Greene, Erie, Lewis, Putnam, Suffolk, and Ulster Counties. The second phase of the study will now run through December 2023 in Broome, Chautauqua, Cortland, Genesee, Monroe, Orange, Sullivan, and Yates counties. In support of this work, Genesee County is collaborating with local partners in a new workgroup of the Genesee- Orleans- Wyoming (GOW) Opioid Task Force to launch three communications campaigns:

1. Naloxone-Fentanyl Education (occurred 10/3/2022-12/2/2022)
2. MOUD Anti-Stigma & Awareness (3/6/2023-5/5/2023)
3. MOUD Treatment Retention (8/7/2023-10/6/2023)

To learn more about the HEALing Communities Study and to help end overdoses in Genesee County, visit:

• HEALing Communities Study Website: www.HealTogetherNY.org/Genesee
• GOW Opioid Task Force Website: www.gowopioidtaskforce.org/
• GO Health Facebook: www.facebook.com/GOHealthNY

Batavia Downs Gaming & Hotel has announced that WBBZ’s popular show, Polka Buzz, will return on Thursday, April 27th, bringing with them this time the 18-time grammy award-winning Jimmy Sturr and his Orchestra. 

Jimmy Sturr and his Orchestra have won 18 out of the 24 Grammy Awards given for Best Polka Album. Sturr's orchestra is on the Top Ten List of the All-Time Grammy Awards and has acquired more Grammy nominations than anyone in the history of musical polka awards.

WBBZ will tape several shows inside the Park Place Room with doors at 6 p.m. and taping with music to begin at 7 p.m.

Tickets are $20 and can be purchased on the Batavia Downs official tickets website, BataviaConcerts.com, now.   Tickets can also be purchased at the Lucky Treasures Gift Shop. Tickets can be redeemed for $20 in Free Play on the day of the show.

Those wishing to spend the night can take advantage of a $69 Hotel Special, which includes $20 in Free Play ($10 per person, based on double occupancy) and includes two tickets to the show.  Check out the Batavia Downs Facebook Page for info on booking a hotel room to receive these perks.

“Polka Buzz” celebrates Polka music as a recorded dance party program featuring the top Polka Bands in the country.  Local Media Personality Ron Dombrowski hosts the show and brings his knowledge of Polka music to the television screen. Dombrowski has been broadcasting polka programs since 1979 on both radio and television.

“The Polka Buzz tapings have become an anticipated event here on site,” said Henry Wojtaszek, President and CEO at Batavia Downs.  “We are confident that by bringing in a Polka Legend like Jimmy and his Orchestra, even more, Western New Yorkers will come out and enjoy good music, food and company!”

The Homestretch Grill, located adjacent to the Park Place Room, will feature food and drink specials for those attending the event.  Several specials, including Tyskie Beer, Krupnik Vodka and a Polish Platter, will be available.

Press release:

The Genesee County 4-H Horse Program was well-represented at the Finger Lakes Region 4-H Horse Extravaganza on Saturday, March 4th at Honeoye Falls Intermediate School. 4-H youth from across the Finger Lakes region competed in Horse Bowl and Hippology Contests at the event. Horse Bowl is a Jeopardy-style competition that tests participants' knowledge of equine facts, including breeds, equipment, nutrition and more. Hippology is a hands-on test of identifying equipment, feeds and other equine facts. Top-placing participants will have the opportunity to represent the region at the state-level contests later this year. 

Horse Bowl Results:

• Brynlee Amend – 8th Junior, 1st Junior Team
• Lexi Witmer – 1st Senior
• Eva Rhoads – 2nd Senior
• Tori Kruppenbacher – 4th Senior
• Wyatt Witmer – 10th Senior
• Eva Rhoads, Tori Kruppenbacher, & Lexi Witmer – 1st Senior Team
• Wyatt Witmer, Leah Amend, & Lydia Page – 6th Senior Team

Hippology Results:

• Brynlee Amend – 9th Junior, 1st Junior Team
• Eva Rhoads – 2nd Senior
• Tori Kruppenbacher – 11th Senior
• Lexi Witmer – 14th Senior
• Lydia Page – 16th Senior
• Leah Amend – 20th Senior
• Eva Rhoads, Tori Kruppenbacher, & Lexi Witmer – 2nd Senior Team
• Wyatt Witmer, Leah Amend & Lydia Page – 7th Senior Team

 

Congratulations to all of the 4-H members who competed in the contest and special thanks to Coach Sara Witmer for all of her hard work and dedication to the 4-H Horse Bowl Club.

The Genesee County 4-H Program is a youth development program for youth ages 5-18.  New 4-H youth members, adult volunteers and clubs are always welcome to join.  For information about how to join the Genesee County 4-H Program, please get in touch with the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 101.  Enrollment information is also available on our website at http://genesee.cce.cornell.edu

Submitted photo: Genesee County 4-H Horse Extravaganza Participants, Left to Right: Brynlee Amend, Leah Amend, Eva Rhoads, Tori Kruppenbacher, Lexi Witmer, Wyatt Witmer, Coach Sara Witmer, Lydia Page.

 

Press release:

Assemblyman Steve Hawley (R, C - Batavia) will host a series of blood drives across the district this month in partnership with the American Red Cross. New York state historically has very little blood banked for patients statewide, and this initiative is being held to encourage those who can donate and make all the difference to a patient in need. Hawley has done numerous drives throughout his time in the Assembly and is happy to continue this tradition.

“I’m happy to once again partner with the American Red Cross and encourage everyone who can donate some blood,” Hawley said. “New York often has a shortage of blood in its banks, which is a big problem, because the various blood types are used in critical surgeries and life-saving operations daily. One small donation could mean the difference between life and death for another, so I encourage all willing participants to donate.”

The time and place of the various donation sites will be:

• Fri. 3/10 - Batavia Social Services, 9 a.m. to 3 p.m.
• Mon. 3/13 - Batavia Robert Morris School, 8 a.m. to 1 p.m.
• Mon. 3/13 - Pavilion Fire Department, 1:30 p.m. to 7 p.m.
• Tues. 3/14 - Darien Fire Co. with PCD Kiwanis 1 p.m. to 6 p.m.
• Thurs. 3/16 - St. Max Hall, East Pembroke. 1 p.m. to 6 p.m.
• Fri. 3/17 - Lyndonville Presbyterian Church. 1:30 p.m. to 6:30 p.m.
• Sat. 3/18 - Stafford Fire Department, 8:30 a.m. to 2 p.m.
• Tues. 3/21 - Albion Elks Lodge, 12:30 p.m. to 6:30 p.m.
• Tues. 3/21 - Batavia First UMC, 2 p.m. to 7 p.m.
• Thurs. 3/30 - Oakfield-Alabama High School, 8 a.m. to 2 p.m.

Press release:

Correction Officer Anthony J. Ridder retired after 22 years of service to the Genesee County Sheriff's Office effective March 5. 

He worked his last shift, A-line, on Sunday, Feb.y 26.

A veteran of the United States Army, C.O. Ridder started his career on March 3, 2001, at the Genesee County Jail.  During his tenure, he earned a Meritorious Award and was known for his dedication, loyalty and professionalism.   

“Everyone here at the Sheriff’s Office wishes Tony the very best in his future,” stated Sheriff Sheron.

Submitted photos.

Press release:

Did you know that March is Problem Gambling Awareness Month (PGAM)? With the expansion of gambling opportunities in NYS the gambling landscape has drastically changed.  This increase in accessibility and availability is putting more people at risk, making the work of raising awareness of problem gambling more important than ever before. 

Gambling means risking something of value a game of chance in the hopes of a positive outcome. While many people participate in gambling activities, for some, it can lead to problems.

Simply put, problem gambling is when gambling starts having a negative impact in your life. This impact can lead to gambling disorder or gambling addiction. The consequences can affect one's mental health, damage relationships, create difficulty at work or school, and lead to financial problems.

Problem gambling can affect anyone at any point in their lives and can also affect friends and families of those struggling with their gambling.  Often family members find themselves worried about loved ones, trying to help financially, and wondering how best to handle the situation. NYCPG provides connections to individualized support, including counseling, peer support and referrals to anyone in need.

This month, the New York Council on Problem Gambling (NYCPG) and the Western Problem Gambling Resource Center is asking everyone across New York State – individuals, agencies and communities alike – to come together to shine a light on problem gambling. Together we can raise awareness of the issue of problem gambling and get those in need connected to support services in their own community. 

To find out how you can get involved in problem gambling efforts this month and all year round, visit NYProblemGambling.org/PGAM.

The Westen Problem Gambling Resource Center (PGRC) is a program of the New York Council on Problem Gambling dedicated to addressing the issue of problem gambling within New York State. The vision of the PGRC is the positive transformation of lives harmed by problem gambling. The PGRC focuses efforts on increasing public awareness of problem gambling; connecting clients with treatment, recovery and support services; working with the gaming industry to promote responsible gambling; and promoting healthy lifestyles which foster freedom from problem gambling. If you or someone you know needs help with a gambling problem, please call 716-833-4274 or email WesternPGRC@nyproblemgambling.org for confidential assistance. 

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. 

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. 

Marianne Clattenburg speaking.

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."

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."

As grateful as GO ART! staff was to have gotten additional funding this year to resume the annual Picnic in the Park, it will only be possible with the assistance of other community organizations to help out, Executive Director Gregory Hallock says.

City Council agreed this year to boost the regular amount of $2,500 to $6,500 to bring back the Fourth of July event at the urging of Councilwoman Patti Pacino. Since the city wanted to approve a transfer of funds from the defunct centennial celebration committee for a resurrected Wing Ding, Pacino said she would only vote for that as long as her fellow council members also approved extra funding for Picnic in the Park. And so they did. 

After seeking various ways to make it happen, Hallock feels it’s just not feasible, he said.

“With funding drying up for both the Ramble and Picnic in the Park, GO ART! and the Ramble Team joined forces last year to put on the Ramble Explore ART! and Music Festival in hopes of keeping an event alive within this amazing community we are part of,” he said to The Batavian Monday. “GO ART! made the commitment again for this year prior to hearing about a possible funding opportunity from the City of Batavia. It was a welcoming surprise when we heard the City of Batavia was willing to help fund Picnic in the Park this year; however, there is no guarantee this funding will continue beyond this year. With the Ramble just three days before July 4th, GO ART! just does not have the capacity and resources to put on Picnic as well.

“We have reached out to numerous groups asking for help, but we have been unable to secure any. We are willing to assist any organization by providing all the files and information needed to put on the event if anyone is willing and able to step up,” he said. “It is estimated that the event in today's dollars costs $20,000 to put on.”

City Council is expected to vote on a final 2023-24 budget during its business meeting on March 13. That includes GO ART! funding of $2,500 to support the arts and $4,000 for the picnic. The group and City Manager Rachael Tabelski were informed that GO ART! was committed to the Ramble and had “declined Picnic in the Park late last week,” Tabelski said.

So what happens to that funding?

“As far as the proposed budget, the line item is still in the budget, council has the option, and may dedicate or reallocate the funding through a budget amendment to general events account or not expend the funds altogether,” she said.

The picnic is not the only event not to make an appearance this year. Assistant City Manager Erik Fix recently announced that the Wing Ding Committee has put a halt on plans for this year’s event, initially scheduled for Labor Day weekend to correlate with a Wings Over Batavia Air Show. There didn’t seem to be enough time to properly map out the event, and members wanted to reconsider a date for the event.

Not all is lost for summertime fun. The Italian Fest will make a second annual return in July, The Ramble Explore Art! and Music Festival will also be happening in July, plus Friday night Jackson Square concerts throughout the summer and other concerts and special events at various downtown and across town venues to check out at The Batavian’s calendar. The air show will be making a comeback Labor Day weekend at Genesee County Airport.

File photo of the virtual 2020 Picnic in the Park during COVID, by Howard Owens.

Press Release:

The City of Batavia Fire Department is proud to announce our new Fire Department Chaplain, Deacon Dave Erhart of Le Roy.

Deacon Dave comes to us with an impressive resume, including 40 years of fire service experience with the Le Roy Fire Department as both a firefighter and Chaplain. He is currently serving as a Deacon with Our Lady of Mercy Church in Le Roy.

He received Fire Chaplain training at the New York State Fire Academy in Montour Falls and is a member of the New York State Order of Chaplains.

Fire Chaplains provide a valuable service to the Fire Department members and their families. We look forward to this partnership and are fortunate to have a local resource available with such experience.

When Paul and Gail Fenton met in Pembroke High School and were fellow 1981 graduates, she had a grand vision for her future: to be a news reporter, live in the big city and drive a red Corvette.

Marrying a lifelong farmer meant erasing a few of those high school girl daydreams, Gail says.

“I now live in the country, I farm and drive a red pickup. So it went complete opposite of what I was thinking,” she said. "So, in fact, I had a couple of jobs right after we got married. And I got pregnant with our oldest in ’87. And it was shortly after it was that summer that Paul was like, ‘You know what, I think we could make a run of the farm, you and I both working on the farm. And now that I live on a farm, I was like, You know what, I don't know if I would have enjoyed living in the city. I know it was nice with this occupation because I wasn't technically labeled a stay-at-home mom, but I had all the perks of a stay-at-home mom, I got to do all the field trips with the kids … not many families nowadays eat three meals a day together, but we were able to do that.”

What she and Paul got, instead of a life in the city, was a life of pursuing the family tradition, living off the land, meeting Mother Nature’s unexpected challenges, changing with the times, learning new technologies and methods, and making a real go of Fenton’s Produce.

The Batavia-based company, which operates three sites of 60 acres along Pratt Road, is the recipient of this year’s Genesee County Chamber of Commerce Agricultural Business of the Year Award. When Gail took the phone call, she heard a man say he was a lawyer, and she thought ‘what have we done?’ It was tense few moments until he mentioned that she and Paul had won an award, she admitted.

They were surprised, but recognize that small certainly doesn’t mean bland or cookie-cutter.

“We’re just a tiny farm,” Gail said. “We grow all kinds of stuff. “Anything new coming out, we’ll try it.”

“We like being our own bosses. This type of farming, every day is different, by 8 a.m. you’re headed in a different direction. We never do the same thing all day,” Paul said. “It’s provided us with a decent income, our health, it’s a physical job that keeps us in shape, you get to see things that most people don’t get to see … a critter, the sunset, a sunrise. I’m carrying on my grandfather’s and uncles’ hard work.”

They sat in their home, circa 1830s and situated in the middle of the main farm. It is the original homestead of his uncles, surname Kiefer, who ran the establishment before selling it to Paul and Gail. They wanted to follow in the family's footsteps with a variety of cash crops, as Uncles Fred and Louis, and his grandparent’s blueberries on Route 5.

Look for the Fenton’s farmstand on Pratt Road during the warmer months, and produce also fills shelves at Tops in Batavia, Le Roy and East Aurora, and seasonally at the East Aurora Farmers Market. The couple is not afraid to try new produce — asparagus, five varieties of potatoes, peppers, brussels sprouts, broccolini, kale, beets, and new this season, hanging strawberry baskets and other vegetation.

“We start in the spring with transplants, and have slowly added other stuff,” Gail said. “We’ve had to adjust. We’re headed more towards broccolini and root crops and away from winter squash. People love whatever’s easy to make.”

Along with following trends and current demand, the Fentons have turned to the mechanics of farming to help reduce the need for labor, since finding it can be difficult, and they cannot do everything — or lift hefty weights — themselves.

“It wasn’t a big deal to get a group of teenagers out on the field, now … it’s a juggling act with our labor. We are seasonal, there’s just not that much work,” he said. “We’re surrounded by multiple-acre farms. We are the small family farm.  We’ve had to adjust what we can do, and get mechanical help.”

“I used to have a T-shirt -- it said, 'farming is not just a job; it's a lifestyle.' And that's true. Yeah, we live this job 24/7. If you look at our place, our house sits in the center of our farm. We don't get away from the farm. You don't walk in the house, you don't close the door, and you're done for the day. There's something that could come up at two o'clock in the morning that you're going to have to go turn to,” Paul said.

“Paul always jokes that he has Bontrager on speed dial,” Gail said.

Another saying that Gail joked about sheds some light on the sentimental aspect of the business that's near and dear to their hearts: We’ll expire before we retire.

Paul and Gail were nominated for bringing “a sharp business focus to their cropping approach, seeking out and adopting efficiency-improving equipment. They have an eye for innovation and understanding emerging trends.”

“Take, for instance, their early adoption of food safety practices and GAPS certification. Fentons also position themselves ahead of the curve when it comes to new production techniques - they are a key part of developing them! For decades they have been a generous host farm for Cornell research trials. In 2022 alone, they cared for two variety trials, tested a laser scarecrow, and hosted the regional sweet corn pest monitoring traps.”

Paul and Gail are extremely observant and thoughtful crop managers, Fenton's Produce has a reputation for fabulous product, whether that be flowers, blueberries, or vegetables, and they foster a fun, informative, laid-back, and personalized experience for their retail customers, the nomination states.

“Paul and Gail are extremely community oriented. They truly want to see everyone be successful as growers and open their farm up to share their knowledge with others. They've hosted many field days over the years. Paul often adds on his own after-meeting tour, often to check out his favorite cultivating equipment,” it states. “They are also frequent hosts for tours of their farm from Leadership Genesee to Decision Makers. Their passion for agriculture is evident when speaking to the public about their business.” 

Paul and Gail Fenton at their homestead farm on Pratt Road in Batavia, working in their greenhouse, and one of the five varieties of potatoes that they grow. Photos by Howard Owens.

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.

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

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.'"

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

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

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.

Town of Batavia Fire volunteers.

Photos by Howard Owens.

This weekend's productions of "Les Miserables" School Edition at Batavia High School will be honoring former and beloved Band Director Ken Hay with a memorial photo display. The performances are being dedicated to Mr. Hay, who died Tuesday, for the powerful impact he made on the city school district's music program while band director there from 1982 to 2003. 

The shows are at 7 p.m. Saturday and 2 p.m. Sunday at BHS, 260 State St., Batavia. Tickets are $12 for adults and $10 students/seniors at the door.

Photos submitted from Jason Smith.