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Genesee County has been granted a change of venue in a lawsuit filed by New York City in the Supreme Court of New York County.

In a decision filed Tuesday, “the Court finds that NYC has failed to establish any compelling circumstances as to warrant that venue remain in New York County” in violation of the applicable statutes that mandate the judicial proceeding or action against a county to be in the said county or in the “judicial district where the respondent made the determination complained of.”

Accordingly, it is hereby ordered that the petition is dismissed as against some of the counties involved. However, a motion for a change of venue and to sever has been granted for other counties, including Genesee and County Manager Matt Landers. 

"The ruling was on a change of venue, in which we were successful in moving the venue to Genesee County," Landers said Wednesday.

In early June, New York City filed a lawsuit against some 30 upstate municipalities, including Genesee County, seeking to invalidate their executive orders barring undocumented immigrants from entering their locales.

The lawsuit claimed that those emergency orders obstructed New York City’s efforts to relocate migrants in “a manner that is explicitly permitted by law and required by a statewide emergency.”

While this doesn’t dismiss the lawsuit, it will bring the proceedings closer to home. 

If all goes to plan, there could be a brand new Burger King restaurant with drive-through service, ample landscaping, and a corner lot set-up with an adjacent traffic light in place by the spring of 2024.

That is, of course, if real estate manager John FitzGerald and his site engineers meet the qualifications of the city’s Planning & Development Committee, which so far have included a request to reduce a 17-foot bypass lane, bump up the landscaping, and consider a traffic study.

It’s worth the short move from 230 West Main St., Batavia and special use permit to the corner of South Lyon and West Main Street, FitzGerald said. 

“I’d always love an approval the first time, but, you know, the board brought up some legitimate items to discuss. And we'll review those with (site engineer Patrick Mahoney) Pat, and go through those. But I think that everything I heard pretty much made sense,” FitzGerald said after Tuesday’s planning committee meeting. “As far as I know, narrowing this 17-foot lane, we can take that down a little bit, you know, the right in right out (entrance/exit), I think makes sense. Some of the other ones were kind of spitballing. And they're very, very difficult to enact.

“As far as the traffic study … we’re basically moving across the street to a safer, easier, more accessible property. So I don't know, if the state requires it, we will do it.”

FitzGerald, who manages about 350 Burger Kings for Carrols Corp., has been leasing the current site, which will be up soon. His reasons for moving are more about the new location than the one he has been in for at least a few decades.

“There’s nothing wrong with the old one, this is just a better location,” he said. “Again, it's at the traffic light. So it's safer for getting people in and out. It gives you two access points: one on South Lyons and one on Main Street, versus the one we currently have, like a double lead in and out on one side of the store, and then it's got the drive-through exit on the other side. So there's potentially conflicting movements.”

Those conflicting movements happen when motorists attempt to make either a left or right turn out of the current location each simultaneously, he said. He likes having a traffic light at the corner of the new location and stressed the safety factor of the new design. He’s not aware of his current property playing host to accidents, he said, but wants to move on. 

The biggest reason is having a traffic light to help with the flow of traffic versus being in mid-block, he said. 

“So it’s an easier movement versus the existing store. Not that this was bad, but it’s both 90-degree stalls. So there’s people kind of coming and going in different directions,” FitzGerald said. “This forces everybody to go the same direction in and around the property. And, again, two access points versus one.”

His design team, Mahoney and Peter Sorgi, did all the talking during the meeting, at some points rather pointedly questioning committee member Ed Flynn’s critiques. Flynn latched onto the 17-foot lane as a major sticking point throughout the site plan review.

“Why do you have a 17-foot escape lane?” Flynn said. Sorgi focused on the landscaping, stating that it was “more than was required” by code and the bypass lane was part of a safety measure. 

“Right now, I may be the only one talking about the 17-foot excessive lane over here, but I want more landscaping along Lyon Street. Seems like they start out with a lot to offer there. And then, of course, you make a descending (landscaping design) for some reason. The pavement lane is 17 feet, that seems like it can be reduced dramatically.”

Mahoney said that safety to the community is better served by a wider lane, and Sorgi homed in on the safety factor versus aesthetics. Flynn emphasized that his comments weren’t necessarily a consensus of the group. 

“That’s why we have more than one board member,” City Code Enforcement Officer Doug Randall said, to which Sorgi quickly replied, “thank you.”

“The design is where your talent comes in, we’re just here to express concerns of the public,” Randall said.  

Mahoney described the ideal “speckled shade” landscaping of crab apple and locust trees, greenery that could survive Western New York’s climate and Main Street’s winter road saltings. 

They discussed the parking lot size — committee member Derek Geib asked if four spaces similar to McDonald’s would suffice — the drive-through configuration, trash removal from the dumpster, and how things have changed in the way customers operate.

Mahoney said that no, four spaces would not work. As for the drive-through, there are two order points. There’s a double wide for ordering, and it filters into a single lane for the pickup at the store. 

“And then, if you look at the building, to the left of that will be the mobile order stalls. And as we were talking about that, that’s the wave of the future, people don’t want to even really park their car,” FitzGerald said after the meeting. “They just want to pull up and have somebody run out. 

"This is the way the industry is going, that's everywhere, surburban, rural, urban. People today, it's either drive-through or over their phone," he said. "We're trying to make it safer for people on the property. It's just the wave of the future." 

FitzGerald is to return with an updated site plan in September or October. His first meeting was in June, which introduced the project and plan to demolish two major current business buildings.

Tuesday at the Genesee County Fair was another full day with the annual parade, the first day of the karaoke contest, and, of course, lots of activity in the Midway.

To view or purchase prints, click here.

Photos by Steve Ognibene

Press Release:

Le Roy Ambulance Service has announced its latest fundraiser. A search is underway looking for 12 dogs to be featured in a 2024 Dog Calendar. Owners may enter their dogs in the contest for a $5 entry fee. Entries will be accepted through noon on August 11.

There will be a live drawing on VIP K9 Facebook page at 6 p.m. on August 11 which will determine the 12 lucky winners. Winners will be asked to submit a photo of their dog or you can ask to have one taken. 

This idea presented to the ambulance board by Le Royan Nancy Crocker of the Empire Realty Group was enthusiastically approved. Nancy has partnered with Cindy Lee of VIP K9 to organize this unique fundraising event. Calendars will be available for purchase in September for a donation of $10. 

100% of the proceeds from contest entry fees and calendar sale proceeds will benefit the Le Roy Ambulance Service.

To enter provide:

• Your dog name
• Owner’s name
• Phone number
• $5 entry fee

You may enter by stopping at VIP K9 at 70-72 Main St. Le Roy, text 585-326-4112, email vipk9training@gmail.com, or contact Nancy Crocker at 585-314-7982 or Crocker@Rochester.rr.com.

The 4-H beef show at the Genesee County Fair was held on Tuesday.

Photos by Debra Reilly.

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

The former Genesee County director on the Western Regional Off-Track Betting Corp. board today explained the reasoning behind the approval of multi-year contract extensions to 18 high-ranking employees just days before Gov. Kathy Hochul and the leaders of the state Senate and Assembly dismantled the board.

Contacted by phone this morning, Richard Siebert, who served on the board for 29 years, said that on April 27, during an executive session at Batavia Downs Gaming, neither he nor any of his colleagues were aware of what was going to happen in Albany.

Less than a week later, it was announced that all the directors were being fired and that the board’s voting system was being changed from one-county, one-vote to a weighted format based on population.

“At that point, no one seemed to be able to tell us what was in the legislation that was going to be passed when Hochul passed her budget,” said Siebert, who actually resigned his position when he found out about the changes. “We didn’t know what was in there – and I actually found out (through the media) that I was being removed as a director.”

When asked about the two- and three-year contracts, Siebert admitted that this “was different” from what was done in the past.

“We had consultants that told us that it was in the best interest of our board to have three-year contracts – with a lot of other stipulations like they couldn’t leave and compete against us with another vendor, whatever,” he said.

Siebert also said the board was worried about the status of President/Chief Executive Officer Henry Wojtaszek’s job.

“I think we were all concerned about the stuff we kept hearing about the fact that they were gunning for Henry, who we felt was doing a great job, as well as the other officers. So, it was a good way to be more efficient by having the contracts and, in my own mind, it was a way for us to protect people from being removed for political purposes,” he said.

“Now, if there was something in the employee’s merit that would warrant them being removed from their contract, so be it. But we felt it was in the best interest of our board to be more responsible with contracts and also to make sure people who are doing a great job had the opportunity to continue without political interference.”

Wojtaszek confirmed that the board was advised by attorney John Owens, who was recently hired as the board’s associate general counsel, to enter into the contract extensions. Also contacted this morning, Wojtaszek said he didn’t want to speak publicly about the contracts because they are personnel matters but did offer to provide the information to The Batavian.

“I’d be happy to send you these contracts,” he said. “There’s no secret about it.”

Actually, the specifics of the contracts were acquired by the Niagara Gazette through the state’s Freedom of Information Law earlier this month, and the newspaper did make those salaries public.

As expected, Wojtaszek tops the list at $272,000, which is about $7,000 more than what the board had approved for his 2023 salary. The other members of the leadership team are Chief Financial Officer Jacquelyne Leach ($222,000), Chief Operating Officer Scott Kiedrowski ($165,168), VP/Administration William White ($160,000) and VP/Operations Sean Schiano ($131,000).

All of their contracts now run through December 2026, and they are still eligible for annual raises, Wojtaszek said.

Employees granted two-year contract extensions are as follows:

Ryan Hasenauer, director of marketing, $108,638; Cindy DeCarlo, controller/Batavia Downs operations, $104,187; Steven Haigh, internal auditor, $101,129; Thomas P. Balk, director of building and grounds, $100,900; Jeffery Magee, IT director, $99,008.

Jake Rak, controller, OTB operations, $89,918; Andrew Fedele, director of surveillance/video gaming operations, $83,574; Daniel Wood, director of security, $83,137; Danielle Fleming, director of human resources, $80,017.

Dona Beane, director of food and beverages, $78,249; Dina Pane, general manager/OTB operations, $76,585; Barbara O'Rourke, sales manager, $75,358; Megan Glor, director of purchasing/real estate, $74,089.

The former board’s unanimous vote is being criticized by local politicians, with the Niagara Gazette reporting that Erie County Comptroller Kevin Hardwick called the salaries “obscene” and state Assemblywoman Monica Wallace, D-Lancaster, terming the timing of the action as “highly suspect. Both are calling upon the new WROTB board to take a closer look at the contracts and the approval process.

Wojtaszek said the salaries are proper in light of industry standards.

“What I would say is that if you look at the industry – the numbers within the industry – it’s clearly an appropriate amount based on the gaming industry. I think it’s (the criticism) is very politically motivated,” he said.  “And when you look at the performance of the corporation, things are going extremely well here. And we're going to try to make sure that continues. We have great personnel, and we are delivering the customer service that’s necessary to bring people back.”

Calling it “a significant overreach of our Home Rule,” Genesee County Legislator Chair Rochelle Stein said the legislature is fully invested in legal action to overturn a decision by New York State lawmakers to restructure the Western Regional Off-Track Betting Corp. board of directors.

“In our minds, this is a significant overreach of our Home Rule, and we counties must protect our constitutional rights in New York State,” she said today. “We cannot allow for that to be overwritten by an action of the government.”

Stein confirmed that Dennis Vacco, former state attorney general and federal prosecutor, has been hired by Genesee County and other Republican-leaning counties in Western New York that benefit from WROTB, which is based in Batavia.

“This is definitely a joint effort,” she said, adding that the cost of litigation will be shared by the counties involved.

The Batavian reached out this morning to County Attorney James Wujcik and to Vacco’s office in an effort to determine which counties are participating in the lawsuit and to find out more details about the cost-sharing agreement.

In late June, the Genesee County Legislature passed a resolution supporting legal action and the desire to participate with other rural counties.

All 17 director positions, except Schuyler County, have been reappointed since action by Gov. Hochul and other lawmakers in Albany to dismantle the WROTB board.

The latest to join is James A. Wilmot, who will represent Monroe County. The board is scheduled to meet at 10 a.m. Thursday at Batavia Downs Gaming on Park Road.

For the second year in a row, Genesee County Legislator Chad Klotzbach apparently drew the short straw when volunteering to man the Chuckwagon at the county fair Tuesday. 

After all, he was positioned in the hottest spot in the house — at the fryer. While his colleagues took orders, served drinks, flipped burgers and hotdogs on the grill and handled the incoming cash at the front, Klotzbach dropped baskets of fries into hot steamy vats of oil.

“I have no idea what I’m doing,” he jokingly said. “If it’s still frozen, then it’s not cooked enough, and if it’s burnt, then it’s overcooked.”

The group of legislators participated in the fair parade and then marched off to their designated corners to hustle up food for hungry fair-goers. The lines never seemed to slow down during their shift from 7 to 10 p.m.

Every now and then, Legislature Chairwoman Shelley Stein would yell out “ding, ding, ding” when a patron stuffed a tip into their jar, which was full of dollar bills. 

County Clerk Lisa Casey was busy crushing Doritos and adding lettuce, tomatoes, meat and sauce. “I’m taco in a bag,” she said of her role, and “nachos.”

While the group was raking in the dough during the evening, it wasn’t going into their own pockets.

“We do this to support the fair and the organization that makes money for programs for Genesee County agriculture,” Legislator Marianne Clattenburg said, answering The Batavian’s question of who works the hardest out of their group.  “I have no idea who works the hardest. I think Chad has the hardest job. We're all one big well-oiled machine this year.”

With about 90 minutes down, and 90 more to go, she could attest to it being “busy and hot like it was last year.” It was more difficult to get a few words out of Legislator John Deleo, as every few moments, he received orders for drinks, mostly chilled Gatorades and a few Blue Lights.

In assembly line fashion, someone next to the cooler — an increasingly familiar face in Western New York — grabbed the drinks and handed them off to Deleo, who then delivered them to the front-end workers. This group just wanted to help out the fair, he said.

“It’s kind of our contribution to help out, to keep the pressure on, and if you notice every year it's getting better and better,” he said, interrupting his train of thought for more drinks, one being recommended that goes good with the fried dough.  “There's a lot of volunteers here, which really helped the community and everything. So if you notice, it used to be the churches they don't do that. So now this is the big community get-together. But it's good to see a lot of people here that you do know, and it's always good.”

Wait a minute, was that George Borrello (R, C) representing the 57th Senate District, slinging chuckwagon grub behind the counter and helping to serve cold drinks from the cooler? Yes. He came here for the parade, to see some 4-H kids, livestock and other fairgrounds action.

“And I thought I'd jump back and help out the county legislators here, and I'm a public servant. I can also serve french fries and hot dogs. Obviously, agriculture's there as well. First of all, not only am I the state senator, but I'm also the ranking member of the Senate Agriculture Committee. So agriculture is the biggest industry in New York State,” he said. “And fairs like the Genesee County Fair help highlight agriculture and the importance it is to our economy. So, I think it's great to be here. There are a lot of people that come to the fair that may not have a chance to go to a farm or to understand what it's like to raise animals to care for animals. 

“You know, people don't know where their food comes from. So something like Genesee County Fair really teaches people a lot about the food chain and the important standard culture of our economy,” Borrello said.

All of the proceeds from the legislators’ work, including that fat stuffed tip jar, will go to the Genesee County Ag Society. There was one more important question for the evening, though. How’d they do? Did it pass the muster of hungry appetites?

Doug and Sharon Houseknecht are regulars at the fair — they’ve been going for nearly each of their 49 years of marriage, mostly to see the parade and animals; some friends have cows there, and “we come to support them,” Sharon said. 

They sat underneath the green and white food tent next to the Chuckwagon after just finishing their meal. There were fries left in Doug’s container, and he questioned that they were supposed to be a "small." So serving size? Generous. 

How about taste?

“We eat at the same spot every year,” Sharon said as Doug answered how their dinner was. “It was great.”

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

The Marshall Tucker Band, along with openers Alyssa Trajan and JB Aaron, rocked the Downs this past Friday night.

Photos by Nick Serrata.

At one point during an early May phone interview, Paul Doucette of Matchbox Twenty considered the longevity of his popular band. “It’s hard to stay together for 30 years,” he said. “That’s why a lot of bands don’t do it.”

To be completely accurate, Matchbox Twenty won’t hit their 30th year as a band until 2025, but the guitarist knows a thing or two about how difficult it can be for a band to remain intact for so long.

In Matchbox Twenty’s case, there have been several periods where the band went inactive – usually involving times when singer Rob Thomas was making and then touring behind one of the four solo albums that have made him a major star in his own right.

Those projects had idled Matchbox Twenty in 2005 and 2006, 2009 and 2010, 2015 and 2016 and in 2019. In the early years, things were busy mostly good, as Matchbox Twenty became one of the most popular bands going. The 1996 debut album, “Yourself or Someone Like You,” sold some 12 million copies and yielded four hi singles, including the chart-topping “3AM,” “Push,” “Real World” and “Back To Good.” The 2000 follow-up, “Mad Season,” added four more hits, including the multi-chart-topping “Bent,” and 2002’s “More Than You Think You Are,” included the top 5 hits “Unwell” and “Bright Lights.”

But then Thomas, who has gained individual fame for co-writing and singing on the monster Carlos Santana hit “Smooth,” in 1999, launched his solo career. And since then, Matchbox Twenty has released only three albums – including 2007’s “Exile On Mainstream,” which combined 11 hits with seven new songs. The most recent release was “North” in 2012.

Doucette admitted Matchbox Twenty’s sporadic schedule had created points where the group could have split up. Guitarist Kyle Cook, in fact, left the band briefly in 2016 before rejoining in time for a tour the following year that seemed to put the band back on solid footing.

And Doucette reached a point where he had concluded Matchbox Twenty were done making albums. He, Thomas, Cook and bassist Brian Yale would tour from time to time, but that would be the extent of the band’s activity. It was not a notion he welcomed.

“When I sort of got to the point where I was like ‘Yeah, I think that we’re done making records,’ I legitimately grieved that process. Like that was a loss to me,” Doucette said. “But once I went through that process, I could look at it differently. I could look at it and be like ‘You know what, we can go out and we can play. We’re ridiculously fortunate to be able to do that and people will still come.’ And I have all these other things that I can do and I can concentrate on doing this (scoring). And maybe that’s not so bad.”

So Matchbox Twenty remained together, and after Thomas finished his solo tour in 2019, plans were formed for the band to return to touring. But of course, the pandemic hit and tours for 2021 and 2022 were pushed back once more to this summer.

But there was a major silver lining to the second delay. With the schedule cleared for 2022, Matchbox Twenty made a new album, “Where the Light Goes,” which arrived on May 26.

For “Where the Light Goes,” the four musicians reinvented their process for writing music. Where on past albums, the band members tended to send each other acoustic solo versions of songs and build out the arrangements together, Doucette, Thomas, Cook and Yale worked separately on the songs for the new album – a process necessitated by the pandemic and the fact the four band members live in different cities. 

Doucette said the band found that by working separately and e-mailing in-progress tracks back and forth to each other (as well as to producer Gregg Wattenberg, who was heavily involved in helping the band members to complete the songs) they were able to explore song ideas more thoroughly and in some cases, fully realize songs that might have been abandoned in the past if the song hadn’t come together quickly either in the writing/demo stage or when the four musicians gathered to flesh out the acoustic demos of songs.

The new approach to songwriting, though, didn’t alter the core pop-rock sound of Matchbox Twenty, and “Where The Light Goes” features a fairly even mix of concise and catchy uptempo tunes (“Friends,” “Don’t Get Me Wrong” and the title track), and richly melodic ballads (“Hang On Every Word,” “Warm Blood,” “One Hit Love”).

This summer’s twice-delayed tour will feature some songs from “Where The Light Goes,” Doucette said, but he noted that some fans held onto tickets purchased in 2021 and 2022 expecting a greatest hits show, and the band will play a good mix of new and older material.

“It’s a longer set than we’ve done on the past couple of tours,” he said “That gives us the advantage of being able to play a solid two hours a night. So we have more time, which is great. And we think we’ve got a good balance of it.” 

Matchbox Twenty will be performing at Darien Lake Performing Arts Center on Tuesday.

A motor vehicle accident is reported in the area of 5068 Ellicott Street Road, Batavia.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 5:11 p.m.: Not blocking and minor injuries.

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.

Please read: After 68 years we are winding down. Our hours will be by appointment only. Please call (585) 343-4131 and leave a message. A big “thank you” from the Barrett family for your patronage. Remember to vote and carry on the good fight.

With that handwritten message on a large piece of orange paper taped to the front door, Mike Barrett, owner of Batavia Marine & Sporting Supply, let the world know that he’s ready to begin a new phase of a retail sales career that began more than a half-century ago.

“It’s been good while it lasted, but you have to leave your heart and soul here,” said Barrett, 71, in a sit-down interview with The Batavian on Monday afternoon at his store at 413 West Main St. “I’ve been blessed with a mother (the late Mary) and wife (Donna) who have been very understanding over all these years.”

Founded by brothers Dave (Mike’s father) and Charlie in 1955, Batavia Marine was well-known as a hunting and fishing store that eventually ventured into sales of outboard motors, snowblowers, snowmobiles and camping equipment. One of Batavia's longest-running businesses, it also featured a huge selection of trapping supplies.

Mike Barrett went to work on a part-time basis while attending high school at Notre Dame before taking a full-time position in 1972. While he manned the store, his brother, Paul, focused on outboards.

“Actually, my grandparents at one time owned all of the land from here right over to Sport of Kings,” said Barrett, who recently returned from a trip to the Adirondacks with his wife, a longtime employee of the Genesee County District Attorney’s office who now works part-time at the Department of Motor Vehicles and County Clerk’s offices. “My dad also owned another Batavia business, Colt Clamp, which was started in the late 1800s.”

Barrett, who is recovering from a mini-stroke earlier this month, said, “The arrow has been pointing at retirement.”

“My health is not the best. I guess that pounding the floor for 50-plus years got to me,” he said. “Besides that, hunting and fishing have declined. It’s difficult to get stuff. It seems like everything is geared toward the mass merchandisers now.”

Although he has decided to accommodate customers strictly by appointment, Barrett said he’s not moving away from Batavia, and he’s not selling the building.

“I’m not going anywhere,” he said. “There really is no definitive timetable (on liquidating the inventory).”

Barrett estimates that he has sold around 24,000 guns (rifles, pistols, shotguns, etc.) but admitted that sales have declined significantly in recent years.

“The kids don’t hunt and fish anymore, and the new gun laws have people scared to bring their guns out of the house,” he offered. “They’ve passed some stupid restrictions that really didn’t stop any crime.”

Batavia City Council member Rick Richmond, who worked at Batavia Marine for three years, including during COVID, said Barrett has served the city, county and region with the utmost integrity.

“Mike is one of the most honest people I’ve ever worked for,” he said. “I want to put this into perspective. I remember one time that he placed a fishing order. When the hooks came in – they come in a box of 12 – I recall him getting on the phone and calling up the distributor and saying, “Hey, I got my hooks. But one of the boxes had 13 hooks. Please send me the bill.

“He wanted a bill for a package of hooks that would sell for a dollar, sixty-nine!”

For his part, Barrett said he is fortunate to have married the former Donna Stearns, who grew up in Stafford, in 1986.

“She didn’t know what she was getting involved with,” he said with a chuckle.

Barrett said his “bucket list” doesn’t include any cruises or flights to Europe, just a couple of items – visiting a close friend in the Southern Tier and his sister, Emily, in New Jersey. His other sister, Liz, lives in Rochester.

Looking ahead, he said that “Hopefully, the Good Lord will let me live out a long retirement.”

“Most of all, I want to thank all the customers, especially the regulars (who made Batavia Marine & Sporting Supply a daily destination). I’m going to really miss them.”

Press Release:

State Senator George Borrello has introduced legislation that would prohibit the smoking and consumption of marijuana in public places unless specifically authorized by the locality.

“Since the enactment of the Marijuana Regulation and Taxation Act (MRTA) in 2021, I’ve received many complaints from concerned constituents about the increase in public pot consumption,” said Sen. Borrello. “State residents, including children, are now regularly assailed with the pungent odor of marijuana on public sidewalks, in parking lots and other public spaces. Many New Yorkers don’t want to be exposed to either the effects of marijuana smoke or its smell and don’t want their children subjected to it.” 

Under Senate Bill 7604, public marijuana use would be prohibited, although cities and towns would be able to enact ordinances regarding whether and where marijuana could be publicly consumed. This is a significant departure from current state law which authorizes public marijuana use anywhere tobacco smoking is permitted. The measure would also establish a $125 fine for violations of the law. Current violations of the public consumption provisions of the law are subject to a $25 fine. 

Sen. Borrello noted that equating tobacco smoking with marijuana use is a false comparison.

“There is a world of difference between tobacco consumption and marijuana use, which is why it is inappropriate to apply the same public usage rules. Marijuana has THC, a potent psychoactive drug that causes a ‘high’ and can result in cognitive and motor impairment, similar to alcohol. Individuals in this condition, on sidewalks or other public places, represent a potential hazard to themselves or others. That is why the same public consumption restrictions that apply to alcohol should apply to marijuana,” said Sen. Borrello. 

“It is important to emphasize that nearly all of the states that have legalized recreational marijuana have limited its usage to private property – one’s home or another private residence or a licensed, designated consumption establishment. That is the more responsible policy,” said Sen. Borrello. “However, in recent years, when given a choice between ‘responsible’ or ‘reckless’, New York leaders have typically chosen the latter, as they did with the recreational marijuana law.”

“There is no question that the exponential growth in public marijuana consumption since the passage of the MRTA has resulted in a significant quality of life problem in cities and communities across the state. It is our duty to address this issue and this proposal is an important first step,” Sen. Borrello said.

The Assembly version of the legislation is sponsored by Assemblyman Michael Novakhov.

Press Release:

The town of Bergen will be having a community-wide garage sale on Saturday July 29 from 9 a.m. - 5 p.m. There are 19 homes and the library participating. Garage sales are located in the town and village and even more sales are in the park. You can pick up the latest map at the park on July 29. Garage sales are as follows:

1. 11 McKenzie St
2. 15 McKenzie St
3. 16 S Lake Rd
4. 20 Gibson St
5. 37 Gibson St
6. 11 Emily Court
7. 14 Winterberry Lane
8. 34 Canterbury Lane
9. 18 Munger St
10. 29 Rochester St
11. 15 Richmond Ave
12. 13 Clinton St
13. 10 Clinton St
14. 54 Rochester St
15. 5860 W Sweden Rd
16. 6972 W Bergen Rd
17. 6441 Mill Pond Rd
18. 39 Canterbury lane
19. 20 Munger St.
20. Book sale at 13 S Lake Rd. (Byron Bergen Library)

By Tim Bojarski for Batavia Downs

For the first time in two decades, Batavia Downs will hold their second opening day card of the year when the Genesee County oval welcomes back the horsemen, horsewomen, their horses and the fans for the 53-day summer/fall meet that starts on Wednesday (July 26) at 6 p.m. and runs through Saturday (Dec. 9). The earlier winter session set several betting records driven by competitive racing and the next 20 weeks promises to produce the same kind of results.

The opening night card Wednesday includes the first visit of the year by the New York Sire Stakes as the 2-year-old trotting colts and geldings will be on hand to compete in one division for a purse of $106,300. There will also be three Excelsior A races that will go for $20,000 each, bringing the total amount of loot up for grabs to $233,300 for that card. 

Henry Wojtaszek, president and CEO of Western Regional Off-Track Betting and Batavia Downs Gaming and Hotel, is excited to welcome racing back to the facility and is appreciative of the many fans that attend the track all season to watch the action in person.

“The excitement of live harness racing begins on Wednesday at the Downs for fans of photo finishes, daily doubles, and exotic wagers and it should  be an electrifying night of fun and entertainment. Our fans will be treated to competitive harness racing and great promotions that tie into our new remodeled Clubhouse, expansive gaming floor and the number one ranked hotel in Batavia. Our staff and those from New York State, will ensure a safe racing meet for drivers and equine athletes and we look forward to everyone joining us for live racing and all the fun that goes with it at the area’s premier entertainment destination,” said Wojtaszek.

The live schedule changes several times throughout the year. Opening week has racing only on Wednesday and Saturday. In August, the action switches to Tuesday, Wednesday and Saturday from August 1 to August 12 and changes to Wednesday, Friday, Saturday from August 16 through October 28. The lone exception is Friday (Sept. 8) which will be dark in lieu of a Labor Day matinee on Monday (Sept. 4). Then in November and December, racing cuts back to two days a week on Wednesday and Saturday through the close of the meet. Post time for all race days is 6 p.m., except the Labor Day matinee that will start at 1:15 p.m.

Once again there is a hearty slate of stake action courtesy of the New York Sire Stakes. The state-bred series will be in action on Wednesday (July 26), Tuesday (Aug. 1), Wednesday (Aug. 2), Tuesday (Aug. 8), Wednesday (Aug. 16), Saturday (Aug. 26) and Friday (Sept. 1).

There are two notable nights of racing this year. The first is Saturday (Aug. 26) when both 3-year-old colt and filly divisions will be on the same card along with the $75,000 Robert J. Kane Memorial Invitational pace, Batavia Down’s signature event. Then on Wednesday (Sept. 13), Batavia Downs was selected to host the NYSS Excelsior finals that will be contested for a total purse of $400,000.

The clubhouse will be open for all race dates and offer a varied menu. Every Saturday will feature a prime rib buffet while the other race nights will be catered by the Center Street Smokehouse. The Railbar will always  be open for live racing.

All the top drivers will be back including Jim Morrill Jr. and Kevin Cummings, who both had the distinction of becoming the first drivers to ever surpass the $1 million mark in earnings in a single meet at Batavia last year. Leading trainers Shawn McDonough, Jennifer Giuliani, Sam Smith, James Clouser Jr. and Dave Russo will also be back along with a host of others.

Don Hoover, Director of Live Racing and Race Secretary at Batavia Downs, is heading into his second year in those positions at the Downs and looks to build upon the successes of last year.

“Overall, I was pleased with the 2022 Summer/Fall live race meet and was pleasantly surprised by the success of the recently concluded January/February winter meet. I look forward to continuing that momentum into the upcoming 2023 Summer/Fall 53-day live race meet, highlighted by the $75,000 Robert J. Kane Memorial Pace and the $400,000 New York Sire Stakes Excelsior Finals,” said Hoover.

Bettors will have plenty of opportunities with a wagering menu that includes three Doubles, 10 Exactas, 10 Trifectas, nine Superfectas, two Pick-3's, two Pick-4's, one Pick-5 and one Jackpot Super High Five available on every 10-race card.

Patrons will also have plenty of promotions to look forward to.

On opening night there will be free programs in the grandstand and the Lotta Cash Giveaway where customers can deposit non-winning tickets wagered on Batavia Downs races for a chance to win two $250 betting vouchers and a Batavia Downs Gaming Play and Stay package that includes one night’s stay at the Batavia Downs Gaming Hotel, $25 in gaming Free Play and a $50 dinner certificate to Fortune’s.

Every Wednesday is the Play and Stay promotion where customers can deposit non-winning tickets wagered on Batavia Downs races for a chance to win a Batavia Downs Gaming Play and Stay package that includes one night’s stay at the Batavia Downs Gaming Hotel, $25 in gaming Free Play and a $50 dinner certificate to Fortune’s.

Then there’s the Wednesday and Saturday Finale promotion where you get $25 gaming Free Play when you wager $25 on the last race at Batavia Downs.

Every live race day offers Match Play Free Play Frenzy where you receive $25 gaming Free Play when you wager $25 at the same time on the same live Batavia Downs race. And there is also the Early Bird Daily Double, where you receive $10 in gaming Free Play when you wager at least $10 at the same time on the Early Daily Double. Plus every live racing program includes a $5 gaming Free Play coupon.

All promotions require participants be Players Club members and gaming Free Play is subject to required base points being earned before redemption. Full rules are available in the program.

You can watch all the live racing action for free on the Batavia Downs YouTube channel and free, full past performance programs for every live race night will be available on the Batavia Downs website under the live racing tab.

Monday evening’s fair queen festivities wrapped up with several surprises for contestants, as only Pageant Director Verginia Zocco (and The Batavian, per a prior conversation) knew that she had planned on dispersing special awards for particular attributes.

After a two-day competition amongst a dozen girls aged 6 through 17 in various categories from Little Miss and Duchess to Princess up to Queen, the winners were finally announced at the entertainment tent at Genesee County Fair.

The first runner-up for queen was Panorea Florence Tsoukalos, daughter of Ted and Kris of Batavia. Pon, as she’s nicknamed, received a crown, sash, flowers and a $150 check. 

That left the remaining candidate, Katherine Ewert, as the title recipient of the 2023 Fair Queen. During a previous interview with The Batavian on Sunday, a humble Katherine wished her fellow contestant well and, in fact, said she would understand if Pon, 16, won the competition. 

After the crowning on Monday, Katherine, a student at Attica Central, was surprised to be the winner and wasn’t sure how she felt about it.

“I don't even know, I guess I didn't expect to win or anything like that. It's just a little shocking, honestly, because Panorea is such a great contestant as well,” the 17-year-old said while wearing the official queen sash. “But I'm super glad that I can set the example to girls.”

Katherine is the daughter of Doug and Nancy and the youngest of four girls. She has been involved in 4-H Horse Club since age 9 and served as president of the Mystics riders club in 2022.

As part of her new title, Katherine also received flowers, a $200 check and a gift certificate for a complimentary Gown and Crown photo session.

A major theme for the contestants was farming and agriculture, which also appealed to Katherine, she said.

“Agriculture is super important in our community, and people in agriculture are some of the hardest working people I've ever met,” she said. “And it's important to represent agriculture, and without agriculture, we wouldn't really have anything. No food, no materials, or anything like that. So it's really important to focus on agriculture and keep it going.”

Overall, how does she think she’ll remember this win years from now?

“I think I’d be like, wow — it’s really cool that I did something like that,” she said. “I felt like I really wanted to get the message out about agriculture and the importance of it to a lot of people, and I feel like I did that.”

Grand Princess went to Gabriella Zocco, who received a crown, sash, flowers, a $100 check and a gift certificate for a complimentary Gown and Crown photo session.

Princess went to Cassandra Judge, daughter of Chris Judge and Heidi Mendes-Judge. She received a crown, sash, flowers, a $100 check and gift certificate for a complimentary Gown and Crown photo session.

First runner-up for Duchess went to Isabella Rose-Therese Redden, daughter of Andrew and Theresa Tesch and Andrew Potter. She received a crown, sash and flowers. 

Duchess went to Layla Baker of Basom, daughter of Breanne and Nathan. She received a crown, sash, flowers, a $50 check and gift certificate for a complimentary Gown and Crown photo session.

Miss had two-second runner-ups, and they were Carly Hanel, daughter of Jody, and Zoe Castro, each will receive a crown, sash and flowers; and a first runner-up, who was Eleanor Hudson, daughter of Jeremiah and Holly of Alabama, who received a crown, sash and flowers.

The Miss title went to Morgenn Surabian of Batavia, who received a crown, sash, flowers, a $50 check and a gift certificate for a complimentary Gown and Crown photo session.

Little Miss runner-up Lyza Baker of Basom received a crown, sash and flowers, and Little Miss went to Kali Martino, daughter of Stephen and Karen of Batavia, who received a crown, sash, flowers, $50 check and a gift certificate for a complimentary Gown and Crown photo session.

A 2022 Stephanie Lynn Tooley Memorial “From the Heart” Award was presented to Katherine Ewert, the newly crowned 2023 fair queen. 

The Susan Meier “Most Photogenic” Award was given to the contestant who possessed “photogenic appeal and ability to project an image consistent with beauty and elegance.” The judge is looking for personality, beauty, grooming, fashion sense and confidence in selecting someone for this award, organizers said.

This award went to Lyza Baker, who, along with her parents, sister and brothers, raises rabbits, chickens, ducks and goats, is in 4-H and “loves showing her animals” at the fair. 

To view or purchase prints, click here.

Photos by Steve Ognibene

Photos by Debra Reilly.

Editor's Note: The Batavian has a booth at the fair in partnership with WBTA as part of the official Genesee County Fair Media Center. Stop by to say hello and enter our eagle-drawing contest in the Exhibition Building. We are an exhibitor and are providing coverage of the fair all week long as a proud supporter of the county fair, 4-H and the dedicated volunteers of the Ag Society. 

If you appreciate our fair coverage, as well as all of our coverage of Genesee County, you can help us continue news coverage by signing up today for Early Access Pass.