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City resident raises issues of street sign, council size and future housing at Creek Park

By Joanne Beck
Sammy DiSalvo Jr.
Batavia resident Sammy DiSalvo Jr. speaks to City Council about his concerns during a business meeting Monday at City Hall.
Photo by Howard Owens

Batavia has had its share of local crusaders over the years — local citizens willing to pack up topics of concern and carry them into City Council meetings to address at the podium in the hope that city leaders will listen and respond. 

Folks have been frustrated about unplowed streets, unshoveled sidewalks, property tax increases, a lack of specific businesses, city staff salaries, and various other concerns depending on the season, the year, and the week.

Sammy DiSalvo Jr., who has previously attempted to run for City Council and has been outspoken at meetings and online, is no stranger to this tradition. This week he brought in three concerns and related requests.

His first issue was about a former yield sign on Harvester Avenue that has been changed to a stop sign. He’d like to see that reverted back, he said.

“Many people don't really stop there, and it's kind of a safety hazard,” he said during Monday's council meeting at City Hall. “And I don't understand why that's a stop sign, but the corner of Jackson has a yield sign. So that's my first request.

“My second request is kind of commenting on the City Charter, and if there's an explanation as to why our City Council's as large as it is,” DiSalvo said. “We have about 15,000 people and we have nine members on our council that we pay to do a job, and places like North Tonawanda that have double our population have half of our council members, and I'm just wondering why we require so many, and if we can make our council reflect the population of Batavia and maybe reduce the size to an appropriate number.” 

His third item was about the city’s intention to put Creek Park property on Evans Street out for future housing development.

DiSalvo pointed to some 10 or so comments on a social media post as to what he believes is proof — an accurate “barometer” of local sentiment — that the majority seemed to agree that developing the plot of green space along the Tonawanda Creek and behind McCarthy ice arena was not a good idea. 

“I would like council to think about not selling that plot of land and turning it and developing it into something that more of the community can use. We live on a creek town, and there's really no public place along the creek that is safe to go on, except for behind the courthouse where there's a nice little park,” he said. “We all saw what just happened. And unfortunately, we could not complete the market rate housing across the street here, and that was a warning sign that we had for two years. The first warning sign that was going to be for low-income housing came with the Batavian article on Sept. 16, 2022, when Savarino announced that there was going to be low-income housing. And then, two years later, it seemed like a shock. So I would like you to reconsider selling that plot of land. Or if you do sell it, restrict it somehow the sale, the use of that for any kind of housing whatsoever, turn it back to something that the community can use.”

Council members John Canale and Eugene Jankowski Jr. were curious about the yield sign on Harvester as well, and they asked for more information from the police and/or public works departments about when and why it was changed.

Canale also addressed the number of council members issue. Nine members have been established for several years, with one each for six designated ward territories, plus at-large positions and a council president. 

Per Section 3-4 from the City Charter, the council member “shall receive compensation,” and ward members are paid $5,000 each, and council president is paid $7,000. Those salaries were increased in 2022, with council voting itself a raise from $3,500 and the president position up from $4,900.

Canale not only defended that pay but said he’d like to see it increased again, reminding everyone that he won’t be on council next year. As for the nine members, “more people is better representation with the amount of awards and districts that we have here in the city,” he said. 

“I would imagine this goes back to when we split the city up into wards, and we split it up into districts. At some point in time, our forefathers split it up into a council person per ward kind of thing. And then three large positions, I don't know who's responsible for that. As far as the public's concern about pay, I would be interested to see how these other council people are paid, because I know these councils here, don't get paid very much to do this, at one time this was a completely volunteer position,” Canale said. “Way back in my dad's day when he was a council person, I think is when they initiated a small stipend to give some incentive for good people to serve. We don't even think about it, because it doesn't affect our income, we don't do this to live on, obviously. I don't think we have to worry about the amount of money that we're spending to represent the entire population of the city.”

North Tonawanda’s five council members are each paid $8,000, and its president’s salary is $8,500, according to a Niagara Gazette article about the council’s failed attempt to get a salary increase vote to the floor. 

Jankowski addressed an online comment that DiSalvo mentioned about the city’s previous plan to have a second ice rink. 

“The second sheet of ice was tabled because it was a $25 million project. We just don’t have that kind of money. If a private industry wants to come in and build a sheet of ice there, contact us, and we’ll talk to you about it,” Jankowski said. “But as far as the city is concerned, there are other things that we’re spending our money on at this point. We can’t do everything we’d like to do. As far as Creek Park … we have a need for housing, especially middle-income housing. That seems to be the idea that keeps coming back for that project, and it’s still under review. So when that time comes, you can come and speak and give your opinion on it, but at this point, it’s really, nothing really moving on it, it’s a very slow process, we’re still looking into it.” 

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Batavia race horse advocates honor Tioga victims in moment of silence

By Tim Bojarski
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Photo of Batavia horsemen and women during Tioga Downs moment of silence courtesy of Wendy J. Lowery. 

Prior to the start of racing this past Saturday night (Nov. 11) at Batavia Downs, members of the the local driver, trainer, groom and owner colony gathered trackside for a moment of silence to remember and honor their peers at Tioga Downs who lost their horses and their livelihoods as a result of what officials called "a despicable act of arson" that befell that track this past week. 

Many of them, and many of their horses who perished, raced at Batavia Downs, and "the impact of that horrendous event was felt among everyone at the Downs as well as the racing community all across North America," officials said.

When racing got underway, Saturday’s card featured two $15,000 Open I events, which were both won by horses driven by Jim Morrill Jr., who dominated in the bike with a total of five wins on the night. 

In the top trot, Morrill got away sixth with Gracious Triumph while Makadushin N Cheez (Kevin Cummings) led the field to the half in a peppy :57.3. Morrill tipped Gracious Triumph first-over into the breeze as they entered turn three and drew alongside the leader at three-quarters. Gracious Triumph took the lead at the apex of the final bend and drew away to a 2-¾ length victory in 1:56.4, which was a new seasonal mark. 

It was the seventh win of the year for Gracious Triumph ($10.40) and owner Harry Wortzman. Shawn McDonough trains the winner. 

Then in the featured pace, Morrill put Mirragon A on the point off the gate and never looked back. Mirragon A set fractions of :28, :58 and 1:24.4 while Out On Bail (Kevin Cummings) tried to keep pace in the pocket. As they made their way down the stretch, Out On Bail made up some ground, but Mirragon A stayed strong and won by a length in 1:53.2. 

It was also the seventh win of the year for Mirragon A ($7.30) who is owned by his trainer Mike Deters, in partnership with Joel Warner and John Manning. 

Morrill rounded out his quintuple crush with Oreo Dream Xtreme (1:56.4, $6.60), Fox Valley Inferno (1:57.1, $4.20) and Prairie Panther (1:55, $2.70), who reached a major milestone by winning the 70th race of his career. 

Live racing resumes at Batavia Downs on Wednesday (Nov. 15) at 6 p.m. and there will be a $1,153 carryover in the Jackpot Hi-5 pentafecta wager in race 13.

Free full past performance programs for every live card of racing at Batavia can always be downloaded at the Downs’ website (bataviadownsgaming.com) under the “Live Racing” tab and all the racing action can be viewed as it happens for free at the Batavia Downs Live Facebook page.

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Photo of Gracious Triumph courtesy of Wendy J. Lowery. 
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Photo of Mirragon A courtesy of Wendy J. Lowery. 

Hawley, Borrello honor fallen hero with George Harold Fry Memorial Highway

By Press Release

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) and State Sen. George Borrello (R,C) recently spearheaded an initiative to designate a portion of the state highway system in the county of Genesee as the “SP4 George Harold Fry Memorial Highway.” George Harold Fry, a native of Genesee County, was a Specialist-4 in the Army during the Vietnam War. On July 11, 1969, SP4 Fry gave his life to restore the company’s radio network during an assault by the North Vietnam Army. He was posthumously awarded the Silver Star for his bravery and sacrifice in the battle. As the proposal has been signed by the governor, Hawley is proud to see this local hero get the recognition that he deserves.

“As an Army veteran and member of the Veterans’ Affairs Committee, I was honored to sponsor this proposal recognizing one of Western New York’s most valiant, Specialist George Harold Fry,” said Hawley. “I want to thank Sen. Borrello for carrying this bill in the Senate, and I want to extend my congratulations to the Fry family for this prestigious honor. For generations to come, the SP4 George Harold Fry Memorial Highway will stand as a testament to Specialist Fry’s heroism and commitment to his country and our freedom.”

Assemblyman Steve Hawley represents the 139th Assembly District, which includes parts of Erie, Genesee, Monroe, and Orleans counties. For more information, please visit his official website. 

Schumer calls on USDA to address milk carton shortage

By Press Release

Press Release:

U.S. Senate Majority Leader Charles E. Schumer today called on the U.S. Department of Agriculture (USDA) to take action on the national milk carton shortage hitting dairy farmers and schools in New York and states across the country. 

Schumer urged the USDA to not only ensure NY dairy farmers have the technical support they need to get through the shortage, but also to work with industry leaders to devise creative solutions to get milk to our school lunchrooms and to investigate the shortage to stop disruptions like this from happening in the future and minimize downstream impacts.

“Milk is an essential part of our students’ school lunches and the lifeblood of our Upstate NY agricultural economy, but with a national milk carton shortage looming over our schools, now is the time for the USDA to step up to ensure our farmers get more support to continue their essential work. That is why I am calling on the USDA to start to work with industry leaders to address this shortage we are seeing nationwide, and provide all the leadership and technical support needed to help our New York dairy farmers,” said Senator Schumer. “The USDA is uniquely positioned to investigate this problem from a national level and work with the dairy industry, our farmers, and schools to mitigate the impacts of shortages and propose solutions.”

John T. Gould, Upstate Niagara Cooperative, Inc. President and Chairman of the Board of Directors said, “Our 260 dairy farm families are encouraged by our team’s efforts to continue to supply our milk to our school customers.  It has required hard work, coordination and cooperation to meet their needs.  We thank Senator Schumer for his support in recognizing the critical importance of milk in the nutritional needs of children and adults. We appreciate his efforts and concern in solving this packaging dilemma in a timely fashion.”

Amy Thomas, Executive Director of the Monroe County School Boards Association said, “We want to thank Senator Schumer for his advocacy on behalf of our schools and students. Our districts are working diligently along with our dairy suppliers to find solutions to this shortage, and we are grateful for Senator Schumer’s efforts to ensure these disruptions are addressed.”

Schumer explained that there is currently a nationwide shortage of half-pint milk cartons impacting New York’s dairy industry. He said that while there is not a shortage of milk, there is a supply chain problem with the cardboard cartons, consequently inhibiting suppliers’ ability to provide milk to schools and other customers in NYS and across the country. In school lunchrooms, milk is required to be served with every meal according to USDA nutrition standards. 

While schools are currently working with suppliers to figure out temporary solutions to ensure schools are receiving enough milk and student’s nutritional needs are being met, Schumer says now is the time for the USDA to work with industry and our dairy farmers to find solutions. 

It is currently unclear how long the shortage could last, which is why Schumer says it’s imperative  the USDA take immediate action and proactively work on the problem to ensure that farmers and dairy suppliers across New York have the support and technical assistance needed to minimize the impacts of the shortage on their business and ensure milk can continue to be provided to schools across America.

Schumer added, “Given the potential downstream impacts of disruptions to the milk packaging supply chain we also need the USDA to investigate the causes of this carton shortage to determine how we can avoid further disruptions to our dairy farmers and any further steps we can be taking to mitigate problems of this nature in the future.”

Schumer emphasized that New York State is home to more than 3,200 dairy farms and is the country’s fifth largest dairy state, producing 15.66 billion pounds of milk in 2022. The dairy industry is a driver of significant economic impact in New York and is also a large part of the state’s culture. He said it is vital that we protect this critical industry and ensure it has the support it needs to weather these disruptions until the supply chain recalibrates.

Schumer explained that dairy producers across New York are also feeling the impact of the national shortage and are deeply concerned about getting their milk to consumers. The Upstate Niagara Cooperative, a significant industry supplier of half-pint milk carton packaging, is experiencing operational challenges that are negatively impacting their ability to supply schools with milk packaging orders. 

The shortage is forcing them to seek alternative, creative solutions, like switching other institutions, such as hospitals and nursing homes, from half-pints to larger sizes of milk containers, in order to meet schools’ demand. The Co-op is also offering half-gallons of milk to schools as an alternative. 

Schumer said that New York’s dairy industry is the cream of the crop, as the largest single segment of the state’s agricultural industry. The state has more than 3,200 dairy farms, is the fifth-largest producer of milk, and is the largest producer of yogurt and cottage cheese in the nation.

Air show organizers host thank-you celebration for volunteers

By Joanne Beck
pete zeiliff wings over batavia thank you at Eli Fish 2023
Pete Zeliff, co-chairman of the Wings Over Batavia Air Show, thanks volunteers and local agencies for their help during the 2023 air show that filled Genesee County Airport with activity and spectators day and night this past Labor Day weekend.
Photo by Howard Owens

Wings Over Batavia Air Show organizers soared one last time for the season to serve up more than $11,000 to local service organizations for their volunteer efforts during the event’s two-day activities at Genesee County Airport this past Labor Day weekend.

Event co-chairs Pete and Doreen Zeliff distributed $11,032.86 in proceeds to the following agencies for providing volunteers to help with parking, crowd control and food concession stands during the holiday weekend:

  • Genesee County ACORNS (Association for the Conservation of Recreational and Natural Spaces)
  • Batavia Lions Club
  • Batavia Ramparts
  • Crossroads House
  • Elba Class of 2024
  • Friends of the Rink
  • Genesee County Spartans
  • GO-Art!
  • Rotary Club of Batavia
  • Boy Scouts
  • YWCA of Genesee County

The Zeliffs hosted the agencies recently at Eli Fish in Batavia for some food and drink, and the monetary award distributions, and to thank them for their assistance during the newly resurrected, inaugural 2023 air show.


Photos by Howard Owens

wings over batavia thank you at Eli Fish 2023
Co-Chair Doreen Zeliff
wings over batavia thank you at Eli Fish 2023
wings over batavia thank you at Eli Fish 2023
wings over batavia thank you at Eli Fish 2023
wings over batavia thank you at Eli Fish 2023
wings over batavia thank you at Eli Fish 2023
wings over batavia thank you at Eli Fish 2023

Jerome Foundation selects Batavia couple for Health and Humanitarian Award

By Press Release

Press Release:

img_1309.jpg
Submitted photo of 
Robert and Mary Ellen Zickl.

The 38th Health and Humanitarian Award of Genesee County will be presented to Robert and Mary Ellen Zickl of Batavia on Friday, December 1, at an awards luncheon at noon at Terry Hills Restaurant. The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote emotional, physical and spiritual well-being of the area’s residents.

Nominations reflected “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.” In naming Mr. and Mrs. Zickl for this year’s award, The Jerome Foundation will recognize them for their many humanitarian and volunteer efforts. 

The Zickls were nominated by Mrs. Karen Green, Principal of St. Joseph’s School. She notes, “Bob and Mary Ellen have opened their home to countless children over the years, whether it be a short stay or a long one. The loving, compassionate and safe home that they provide has lasting memories and effects on all those who are familiar with them. In two instances in particular, they opened their home to children who
were not their own, but who were treated as members of their family, with much love and support during particularly challenging times. I know they will forever consider the Zickl home to be their own.”

Both Bob and Mary Ellen have given countless hours of volunteer time to St. Joseph School and Notre Dame High School. Bob currently serves on the ND Board of Directors and St. Joseph School Board. He volunteers on the sidelines coaching ND football, as well as organizing and supervising athletes in the weight room, always promoting good fitness and healthy choices. 

Mary Ellen is Foundress of All Babies Cherished and currently is involved in the Rosary Society at Ascension Parish, chairing several committees. Both Bob and Mary Ellen are Ascension Church lectors.

Bob Zickl is an Assistant District Attorney for Genesee County. Mary Ellen is a retired Special Education Teacher. They have five children and reside in the City of Batavia.

The Health and Humanitarian Award luncheon is open to the public. Tickets are $30 and may be purchased by mailing a check to The Jerome Foundation, PO Box 249, Batavia, New York 14021. For information call Chris Fix at 356-3419 or by email to thejeromefoundation@gmail.com. Seating will be limited and reservations are encouraged by Nov. 24. 

Making miracles happen at Genesee Valley BOCES and Rotary camp

By Press Release
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Submitted photo of Janet Green (second person from left).

Press Release:

Janet Green, a seasoned LPN instructor for the Adult Education Nursing Program at Genesee Valley (GV) BOCES, is a pillar of both knowledge and compassion in the medical field. With a decade of dedication to GV BOCES and an extensive background in nursing, Green's career is a testament to her unwavering commitment to healthcare.

Before transitioning to teaching, Green spent an impressive 35 years at UR Medicine Noyes Health in Dansville, where she worked in the maternity ward and the emergency department. The wealth of experience she gained there laid the foundation for her role as an instructor, where she imparts her wisdom to aspiring nurses.

For an astounding 33 years, Green has devoted her summers volunteering at the Genesee Valley Rotary Camp, which provides a free, week-long overnight camping experience for children aged 8 to 21 with special needs. What started as a friend's invitation to assist as a camp nurse in 1990 became a lifelong commitment for Green.

By 1995, she had assumed the role of health director for the camp, overseeing the well-being of the campers throughout the week. 

With a team of dedicated individuals, Green ensures that the campers, ranging from those in wheelchairs to those requiring tube feeding, experience a week filled with various activities every summer. From swimming and archery to music and adaptive physical education, the camp offers a range of opportunities for the children to explore
and enjoy. 

"We have a motto," Green said. "If you knew where and when a miracle was going to take place, wouldn't you want to be there? Every single year we see that.” 

Recognizing the importance of practical experience, she encourages her LPN students to volunteer at the summer camp. This camp holds a special place in Green's heart. For Green, the camp is not just a volunteer opportunity; it's a chance to make a difference in the lives of these children.

"My favorite part is the kids. I love the kids; they're my kids," she said with a warmth that reflects the genuine connection she forms with each camper. 

Green's dedication to the camp goes beyond her individual efforts; she transforms volunteering into a family affair. Her husband, son, daughter-in-law, and even her grandchildren, all join in the noble cause, contributing their time and skills to create a memorable experience for the campers.

Green continues to convey her nursing knowledge to future healthcare professionals during the academic year. She eagerly awaits the summers, knowing that amidst the trees and laughter of the Genesee Valley Rotary Camp. Green believes that miracles are bound to happen, and she wouldn't want to be anywhere else.

The Genesee Valley Rotary Camp, located in Portageville relies on fundraisers and donations to operate. The Rotary Clubs in Genesee Valley sponsor the children and support from other community organizations and members is welcomed. For more information contact info@gvrc.org.

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Submitted photo of Janet Green (third person from left).

Preparing to make old new again: reuse study of Brisbane Mansion suggests market rate units or boutique hotel

By Joanne Beck
Larissa Reynolds and Rick Hauser at City Council
Designer Larissa Reynolds and Consultant Rick Hauser of In Site Architecture of Perry present their reuse study of Brisbane Mansion during Monday's City Council meeting at City Hall. 
Photo by Howard Owens.

Given the ample time and 80-plus page report he had to work from, consultant Rick Hauser wasn’t short on words in a study on Brisbane Mansion. However, three words seemed to capture it best.

“It’s a gem,” he said Monday during a presentation to City Council.  “I love the history of this building, it’s a 107-year-old building. So for starters, that's impressive. 

“It’s at a key location in your community,” he said. “One thing’s clear is that Brisbane Mansion is not being put to its best use.”

Hauser, a partner of Inside Architecture in Perry who has conducted a reuse analysis on the Main Street structure, otherwise known as the current city police station, reviewed the site from top to bottom. 

After reviewing and calculating existing floor plans, construction cost estimates, various options, forensic building timelines, potential grant and other financial incentives, a zoning map, photographs, a condition assessment, and design challenge considerations, Hauser and fellow designer Larissa Reynolds presented what they believed were the two most viable options.

One option is to carve out 11 market-rate apartments, with four two-bedroom and seven one-bedroom units on the first and second floors. All of them would be light-filled with an open kitchen, dining and living concept, comfortably-sized bedrooms and ample closet space, and they strive to maintain existing partitions, opening and architectural features as much as possible, he said. 

Preserving the historic integrity of the building is key, he said, as it is currently a contributing member of the historic district and is on the National Register of Historic Places. Maintaining historic integrity will be a principal selling point, he said.

The business plan includes utilizing grant funding which means renovation plans will be scrutinized as to whether they have an adverse impact not he remaining historic fabric and defining architectural features such as existing facades, structural elements, circulation paths, interior spatial layouts and finishes. 

The second option would be a 16-room boutique hotel containing seven micro units, three deluxe units and six deluxe suites to accommodate different needs and budgets while remaining unique and welcoming. 

“When we're thinking about what we're proposing for this building, we're really thinking about what the building wants to be. Because a lot of things are all set, the location of the building, centrally located to everything basically in Batavia, there is no other kind of lodging or hotels in the city core,” Reynolds said. “The history of it, the quirkiness of it, those are the key ingredients that really make a really nice boutique hotel. A boutique hotel that’s really well managed by someone that's gonna love and showcase the history and the elements of it.”

The most challenging task for these options was to work within multiple “levels within levels” by various additions and renovations done to the building at varying stages and time periods.

Who’s going to want to come in and develop an old mansion-turned-police station? Any number of people, apparently. It’s a tempting opportunity, Hauser said, because of its age: the property qualifies for historic preservation tax credits, which can be very attractive to developers and help provide key capital up front, especially if syndicated, he said. 

New York State is also rich in funding sources, including grants such as Restore NY and Downtown Revitalization Initiative funds, he said. 

What would this all cost a prospective developer? An estimated $3.5 million to $4 million, he said, with revenue for high-end apartments reaping $164,000 a year. 

Councilman John Canale asked if any developers have expressed interest in the site at this point, and City Manager Rachael Tabelski said yes, that Batavia Development Corp. Director Tammy Hathaway has taken a few prospective developers on tours of the property.

Council President Eugene Jankowski Jr., a retired city police lieutenant, knows the building well and looks forward to its next life, he said.

“I love that old historic building. The public should be aware that we're definitely trying to repurpose it,” he said. “And at no time, we haven't even begun to discuss anything other than keeping the building there and repurposing it into something that is hopefully gonna get on the tax roll.”

The process will most likely involve a request for proposals once the city is ready to move forward, Tabelski said, and the police department has its new home at Alva Place and Bank Street.

On call slate of assistant DAs fills need of 'Night Court' in Genesee County

By Joanne Beck
Kevin Finnell at PS meeting
Genesee County Manager Matt Landers, left, and District Attorney Kevin Finnell, right, discuss a plan for on-call assistant DA's to manage night court hours as part of a CAP Court system. 
Photo by Joanne Beck

It was an old show that made for quirky and funny scenarios, but Night Court is a newly organized and costly theme being played out in Genesee County. 

District Attorney Kevin Finnell shared with cou

nty legislators Monday how his slate of assistant district attorneys will answer the call and provide due justice for the county, no matter the time of day or evening. 

“It’s a CAP Court arraignment, so, during the call, they'll do any arraignment for any jurisdiction. And then our system is set up so that they will fill out a memorandum and hand it to the responsible attorney the next day together with a copy from the file,” Finnell said, answering a question about how long CAP Court lasts. “It’s supposed to be from 7:30 to 9-9:30, but I'm told, I've talked to some of the judges that they are sometimes there well past that, including up to 11 o'clock. It depends on how arraignments are scheduled and depends on the judge because some are able to process faster than others, until the work is done.”

Judges used to handle arraignments in their own municipalities until New York State more recently put CAP — Centralized Arraignment Part — Court into play, which means that judges and attorneys rotate shifts during after-hours and meet at one primary court, in this case, often at the new Courts Facility in Batavia. 

Finnell’s staff is scheduled to provide the public with representation during arraignment even when it happens past the end of the typical work day. His staff will be on a rotating, on-call schedule to take those arraignments and represent the people for cases throughout the county, but at a centralized location, and also at the new arraignment room being built as part of the new county jail facility.

A legislator asked about charges that happened during Darien Lake concerts. 

“My understanding is a lot of the Darien Lake charges are a violation of local councils, which wouldn't even make it to CAP Court, but it would certainly, if there's arrests made anywhere in the county, including Darien Lake after business hours, they're going to be part of the CAP agreement,” Finnell said. “If they’re misdemeanors, they're likely going to be appearance tickets, if they're a nonviolent felony, same thing, appearance tickets.

“We’ve tried to do it remotely. We've encouraged law enforcement to call us during the night so we can convey our recommendations,” he said. “But they're not getting to the judges in the proper way, I’ll say, in the way we like them heard, and so I think this is going to help us tremendously.”

County Manager Matt Landers proposed a salary schedule amendment to create a stipend for six of the attorneys in the DA’s office for the purpose of “arriving, showing up and participating in nighttime CAP Court and going to the new arraignment room at the new county jail. 

The funds have been budgeted for the 2024 budget for this allocation, Landers said. 

“And this was something that was requested by local law enforcement. And something that I think is overdue,” he said. “And we worked through Kevin to make sure that it was a fair, compensation to be in line with what the assistant public defenders do by writing at the same court.”

Finnell’s staff is mostly from this area, with only two exceptions, one person lives in Livingston County and the other in Greece, so they may take longer to get to court during their on-call shifts. 

“That’s why I asked how long it’s going to take them, but he said only two lived out of town, and really, it’s about a half hour away, so that’s not too bad,” Legislator Marianne Clattenburg said. “But then if somebody gets arrested in the middle of the night, they’re arraigned in the morning at the City Court, under the CAP Court. So it’s a new kind of way that the courts are really working. And it’s a new dynamic of having public defenders at arraignments at all times, and we need that balance.”

“Everything has changed so much over the last, even five years,” she said.

CAP Court stemmed from the Hurrell-Harring Court of Appeals decision of 2010-11 that granted access to defense counsel at arraignment as a fundamental right. To fulfill this legal requirement, New York Executive Law 832(4)(a) required the New York State Office of Indigent Legal Services to “develop and implement a written plan to ensure that each criminal defendant who is eligible for publicly funded legal representation is represented by counsel in person at his or her arraignment.” The eventual plan was unveiled in 2017 and was to be first implemented by April 2023. 

On Monday, the Public Service Committee approved the county’s plan of additional compensation of $15,000 each annually for night appearances of the six assistant district attorneys at $576.92 per pay period effective Nov. 20, to be prorated at $11,180 for each of the six in 2023.

The committee also approved a 3 percent increase in prosecutorial services effective Jan. 1, 2024, through Dec. 31, 2026, taking the rate from $68,917 in 2024 to $70,985 in 2025 and $73,115 in 2026.

Both measures will go to the county Legislature for a final vote. 

Mount Academy gets upper hand on Byron-Bergen/Elba in Class C state championship game

By Howard B. Owens
jack farner byron bergen
Jack Farner with the kick that scored Byron-Bergen/Elba's only goal midway through the second half of Sunday's Class C state championship.
Photo by Howard Owens.

With 26 minutes left in the first half, Mount Academy's Chris Recinos penetrated Byron-Bergen's defense and, from close range, knocked a ball over the goal line to put the Eagles out in front of Byron-Bergen/Elba in the state championship of Class C Boys Soccer in Middletown.

Eight minutes later, Alexis Mendoza blasted a penalty kick past a diving Bees keeper Martin Mac Connell to put the Eagles up 2-0.

Mendoza scored two more goals, including one on a second-half corner kick, for the hat trick. The Bees' only score was a second-half goal by forward Jack Farner.

The eventual 4-1 win was the second state title in soccer for the eight-year-old private Bruderhof Christian community high school. The Eagles won two years ago as a Class D team and were moved up into Class C, despite a student body of only 200, because of the school's perceived dominance in soccer.

While the game looked evenly matched for the first 18 minutes, the Eagles seemingly became more and more dominant, containing the Bees to their end of the field most of the rest of the way.  The Bees were not without scoring opportunities, even in the second half, but either shots were missed or were blocked.

This year, the Mount Academy girls' team won a co-champion title with a tie score in their game.

Byron-Bergen/Elba was coming off a physically and emotionally draining win against #1 seed Seton Catholic on Saturday in Goshen. That game went to double overtime, tied at 1-1, for 110 minutes of fast-paced football, followed by a best-of-five penalty kick shout that the Bees won 3-2.

The Eagles had their own emotional motivation carrying them into the final after starting midfielder Lenis Arnold suffered a compound fracture in his left in Mount Acadamy's 4-2 win in the semifinal earlier on Saturday against Waterford-Halfmoon. Arnold was on the sideline with his leg in a cast for Sunday's game.

For more photos by Howard Owens and to purchase prints, click here.

For more photos by Jennifer DiQuattro click here.

The Batavian was the only news outlet from Section V with staff at the Class C tournament games for Boys Soccer.  You can help support out local coverage by signing up for Early Access Pass.

https://www.howardowensphotography.com/p623771912
Chris Recinos celebrates his goal , the first score for the Eagles in the game.
Photo by Howard Owens.
https://www.howardowensphotography.com/p623771912
The Bees Colin Martin takes a shot early in the first half that just missed the goal, sailing wide right by inches.
Photo by Howard Owens.
https://www.howardowensphotography.com/p623771912
Brayden Chambry has his goal attempt blocked. Chambry retrieved the rebound and shot again but the shot slid harmlessly left of the goalpost. 
Photo by Howard Owens.
byron bergen soccer
Bees keeper Martin Mac Connell got a hand on a corner kick by Alexis Mendoza but couldn't block in late in the second half to give Mendoza a hattrick and put the Eagles up 4-1.
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Jack Farner
Photo by Howard Owens.
byron bergen soccer
Jack Farner and Mount Academy's Jameson Swinger battle for a header.
Photo by Howard Owens.
byron bergen soccer
Braedyn Chambry with a header in the second half.
Photo by Howard Owens.
byron bergen soccer
Colin Martin.
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Photo by Howard Owens.
byron bergen soccer
Martin Mac Connell, after a penalty kick by Alex Mendoza gives Mount Academy a 2-0 lead in the first half.
Photo by Howard Owens.

Water project on Bank Street to begin Monday

By Joanne Beck

Press Release:

Please be advised that Rochester Pipeline, Inc. will be mobilizing equipment in preparation for construction on the Bank Street Water project within the City of Batavia. 

Construction on this project is scheduled to begin the week of Nov. 13 and will include the installation of 932 linear feet of new 8-inch water main and appurtenances to replace the existing 4-inch and 6-inch water mains along Bank Street (East Main Street to Washington Street).

Traffic delays are to be expected; however, no street closures are anticipated at this time.

We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.

Le Roy makes history in Section V football with 16th championship

By Howard B. Owens
Section V Class C le roy vs attica/alexander
Le Roy's Andrew Strollo knocks the ball loose during a run by Attica/Alexander's Samuel Strzelec in the Class C final at Brookport on Friday.
Photo by Brennan Bezon.

The Oatkan Knights won their record-setting 16th sectional title at SUNY Brockport on Saturday with a 27-14 win over Attica/Alexander in Class C.

The Blue Devils opened the scoring in the first quarter with a Joseph Parkhurst 31-yard field goal (one of two FGs for Parkhurst), but Le Roy answered quickly with a Drew Strollo four-yard run for a TD followed by the PAT from Jack Currin. Le Roy held the lead the rest of the way, with Tony Piazza scoring twice and Tommy Condidorio capping things off with a two-yard run.

The final score for AA came in the waning seconds, a 30-yard pass from Trent Woods to Sam Strzelec.

Strollo rushed for 134 yards on 23 carries.  Piazza carried 20 times for 88 yards.

On defense, Strollo had five tackles, D.J. O'Geen, five plus a sack, Piazza, four, and Connor Hegeman, four.

Attica/Alexander did not submit stats.

piaza le roy
Tony Piazza.
Photo by Carter Fix.
strollo le roy
Andrew Strollo.
Photo by Carter Fix.
Section V Class C le roy vs attica/alexander
Andrew Strollo with the ball.
Photo by Brennan Bezon.
Section V Class C le roy vs attica/alexander
Andrew Strollo
Photo by Brennan Bezon.
Section V Class C le roy vs attica/alexander
Blue Devil's kicker Joseph Parkhurst
Photo by Brennan Bezon.
le roy knights section v champs
The 2023 Le Roy Oatkan Knights with the program's record-setting 16th block.
Photo by Carter Fix.

Photos: Geese along the Ellicott Trail

By Howard B. Owens
ellicott trail pond geese jason smith

Batavia resident Jason Smith provided these photos of geese on a pond along Ellicott Trail, taken during his Sunday morning walk.

ellicott trail pond geese jason smith

Bates triumphs at 16th Triple O Mechanical at Rose Garden Bowl; several Genesee County bowlers cash

By Mike Pettinella
Triple O Mechanical
Tom Sardou, center, proprietor of Rose Garden Bowl in Bergen, congratulates Doug Bates, left, champion, and Justin Wyman, runner-up, following the 16th Triple O Mechanical Singles Handicap Tournament on Sunday. Photo by Mike Pettinella.

In its 16th year, the Triple O Mechanical Singles Handicap Tournament at Rose Garden Bowl in Bergen continues to be a hit with bowlers throughout Western New York.

The latest edition of the popular mid-November event unfolded on Sunday with 70 participants – just two shy of the maximum number for the tournament.

“The success of the tournament speaks for itself,” said Tom Sardou, proprietor at Rose Garden Bowl and Viking Valhalla Restaurant. “We have a loyal following and a sponsor that is committed to the sport of bowling, so we hope to keep it going as long as we can.”

When it was all said and done yesterday – following three qualifying squads and four rounds of eliminator-style finals – Doug Bates of Greece, a 33-year-old right-hander, walked away with the $700 first prize. He is the 16th different winner since the tournament’s inception in 2008.

Bates, who entered with a 200 average, defeated Justin Wyman of Rochester in the title match by rolling 227 scratch plus 22 pins handicap for 249. Wyman posted 194, and took home $350 for his second-place finish.

The 16-player finals included three women – Caycee Bardol of Brockport, Samantha Hyde of Le Roy and Susan Costello of Rochester. Bardol and Hyde made it to the “final four” and each earned $250 for their efforts.

Seven “senior” (55-and-over) bowlers made it to the finals. They were Jimmy Doerrer of Rochester, John Lowe of Le Roy, former champion Mickey Hyde of Alexander, Pat Brick of Buffalo, Scott Gibson of Oakfield, Mark Mack of Le Roy and Don Perrault of Rochester.

Others making it to the finals were Chris Bardol of Brockport, Scott Dingman of Rochester, Kevin Gray Jr. of Warsaw and Dan Robinson of Rochester.

Lowe, Mack, Doerrer and Costello made it to the second round, winning $125 each. Those eliminated in the first round earned $80 each – doubling their money.

Title sponsor Triple O Mechanical contributed $500, and Rose Garden Bowl donated another $250 into the prize fund.

“This event has stood the test of time, and we truly appreciate all of the bowlers from throughout Western New York and beyond that enter year after year,” Sardou said. “You don’t find many tournaments with this great of a prize list for just a $40 entry fee.”

Bates, employed by Ferguson plumbing and HVAC warehousing, was the high qualifier with 782.

He said he returned to bowling on a regular basis about three years ago following neck surgery “that kind of slowed me down for a while.”

“I bowl in leagues at Domm’s (in Rochester) and have been working my way back,” he said. “My game is on the upswing now.”

His scores throughout the day proved that as he led the qualifying with a 782 three-game series (716 scratch) and followed that with scratch games of 223, 232, 244 and 227 in the finals.

Bates, Doerrer (756), Wyman (749), Lowe (742) and Samantha Hyde (740) earned the five guaranteed spots to the finals. It took 702 to make the finals, with Perrault getting in via the “super senior” incentive with 687.

Highlights of the day included 300 games by Wyman and Dingman during the qualifying round. The tournament is certified by the United States Bowling Congress so the perfect games will be added to their career achievements' list.

TRIPLE O MECHANICAL CHAMPIONS

2008 – Laurie Morgante, Bergen

2009 – Dan Robinson, Chili

2010 – Debbie Falbo, Bergen

2011 – Melanie Balduf, Bergen

2012 – Kevin Gray Sr., Warsaw

2013 – Brian Decker, Rochester

2014 – Albert D’Ambrosia, Rochester

2015 – Rob Husted, Spencerport

2016 – Chris Bardol, Brockport

2017 – John Martorella Sr., Rochester 

2018 – Jeff Dewar, Rochester

2019 – Dan Keenan, Rochester

2020 – Mickey Hyde, Le Roy

2021 – James Townsend, Batavia

2022 – Bill Neubert, Batavia

2023 – Doug Bates, Greece 

Bees fall to Mount Academy in Boys Soccer state championship game 4-1

By Howard B. Owens
byron bergen elba soccer state championship

Alexis Mendoza scored a hat trick for Mount Academy to help lead his team to a 4-1 victory over Byron-Bergen/Elba in the Class C Boys Soccer Championship at Middletown High School on Sunday.

Jack Farner scored the Bees' only goal midway through the second half.

I'll drive back to Batavia before I start editing photos from the game.  It's likely we won't have photos posted until tomorrow.

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