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Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Officer Miah Stevens named new SRO for City Schools

By Press Release

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Press release:

The City of Batavia Police Department, in partnership with the City of Batavia School District (BCSD), is proud to announce the addition of Officer Miah Stevens as the newest School Resource Officer (SRO). Officer Stevens is replacing retiring Officer Jason Davis who has held the post for the last two years and has served the City for 20+ years as a police officer.

Officer Stevens is a 2013 graduate of Pembroke High School, she went on to attend Genesee Community College and SUNY Brockport majoring in Criminal Justice. Officer Stevens has previously worked for the YMCA – Batavia as a children’s swim instructor and lifeguard, City of Batavia – Bureau of Maintenance as a summer laborer and the City of Batavia School District as a teacher’s aide. 

“First, I want to thank Officer Davis for his hard work, commitment and dedication to our district and our school community. He has been an invaluable member of our BCSD family and we wish him well as he enters retirement.” said Anibal Soler, superintendent of the BCSD.

“The role of a School Resource Officer is important in our work supporting our students and families. We are grateful and excited to continue our strong partnership with Batavia Police Department and we welcome the addition of our new School Resource Officer Miah Stevens.” 

“I know she will bring new energy, commitment and perspective to our school community. I look forward to the example she will set for many of our female students and I know she will continue the amazing work started by those before her. Welcome to Batavia City Schools Officer Stevens.” 

The City of Batavia Police Department established the SRO program with the BCSD in 2019 and has had a successful partnership. The SRO delivers DARE (Drug Abuse Resistance Education) training, is a resource to connect staff and students to community services, and is a liaison between the District and the criminal justice process.

“I wish to express my appreciation to Officer Davis for his service to the residents of the City of Batavia for the past 20 + years and congratulate Officer Stevens in her new role," said Chief Shawn Heubusch. "I look forward to a continued partnership with the BDSD to ensure a safe environment for youth in Batavia. I welcome all residents to join me in congratulating Officer Stevens as she transitions into her new role.” 

The City of Batavia Police Department’s main priority is to ensure the safety and security of those that live, work and play in the City.  BPD’s mission is to provide comprehensive, effective police services that exceed the expectation of the citizens in a timely and responsive manner.

Photo: Officer Jason Davis, Officer Miah Stevens, Superintendent Anibal Soler

Since yesterday, 21 new COVID-19 positive cases identified

By Press Release

Press release:

  • Genesee County received 21 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
    • The individuals are in their 20s, 40s, 50s, and 60s. 
      • Three of the previous positive individuals have recovered and have been removed from the isolation list.  
        • Fourteen of the current positive individuals are hospitalized.

  • Orleans County received five new positive cases of COVID-19.  
    • The positive cases reside in the:
      • West Region (Yates, Ridgeway, Shelby)
      • Central Region (Carlton, Gaines, Albion, Barre)
    • The individuals are in their 0-19s, 20s, 30s, 50s and 60s.
    • Five of the previous positive individuals have recovered and have been removed from the isolation list.
    • Zero of the current positive individuals are hospitalized.
    • We are deeply saddened to report the COVID-related death of a resident of Orchard Rehabilitation & Nursing Center. We do not report any further information to protect the privacy of the individual and their family. We extend our deepest condolences to the family and friends of this individual during this very sad time.

Schumer calls on Department of Energy to support project at WNY STAMP

By Press Release

Press release:

After fighting for and securing Plug Power’s commitment to build their new "gigafactory" for hydrogen fuel cell manufacturing in Rochester last month, U.S. Senator Charles E. Schumer today called on the U.S. Department of Energy (DOE) to support the newly proposed plan by New York-based Plug Power to create the first U.S.-wide network of green hydrogen production facilities.

Plug Power plans on starting with the construction of a $290 million production facility at the Western New York STAMP (Science, Technology and Advanced Manufacturing Plant) site in Genesee County between Rochester and Buffalo. Schumer said DOE’s engagement will be a win-win in opening the door to additional federal resources to make Plug Power’s plans a reality while providing DOE with a first-ever national model for the creation of a domestic green hydrogen energy production supply chain.

Schumer said with DOE support, the new 60+ job green hydrogen production facility eyed at STAMP could help lead the nation in producing carbon-free green power to run hydrogen fuel-cell-powered vehicles and equipment all while creating new green jobs.

“My message to the DOE is that with its support, New York’s own Plug Power can lead the charge in dramatically shifting the nation towards clean energy starting with the construction of its first green hydrogen production facility at the STAMP campus in Western New York,” Senator Schumer said.

“The facility would create over 60 new good-paying green-energy jobs, boost the Western New York economy, and serve as a jumping-off point to create the nation’s first U.S.-wide network of green hydrogen production facilities to produce carbon-free fuel-cell power.

"With DOE support, this new green hydrogen fuel production facility in the heart of Western New York between Rochester and Buffalo can be a national model in efforts to achieve the Biden Administration’s drastically reducing greenhouse gas emissions and creating and 10 million clean energy jobs.”

In his letter to DOE today, Schumer invited DOE officials to join him in meeting with Plug Power to discuss how DOE support, technical assistance, and resources can help supercharge Plug Power to new heights by making its plans to build its hydrogen fuel production facility in Genesee County a reality.

Additionally, the senator explained that the expansion is part of Plug Power’s planned green hydrogen network to develop vertically integrated hydrogen infrastructure across the United States positioning the New York-based company to lead the charge in dramatically reducing the country’s greenhouse gas emissions.

Plug Power’s new production facility at STAMP would produce 40 tons-per-day of green hydrogen to supply fuel-cell-powered equipment and vehicles such as freight transportation and logistics handling equipment – some powered by fuel cells that will be manufactured at the upcoming Plug Power Gigafactory slated to open in Rochester this summer.

The facility would become the first nationally recognized green hydrogen production center and the first of its kind in the Northeast United States.

Plug Power, founded in 1997 and headquartered in Latham, NY, currently employs more than 400 workers in New York to innovate, manufacture and assemble hydrogen fuel cells including about 300 workers in the Capital Region at its headquarters and Capital Region manufacturing sites in Latham and Clifton Park, and about 70 workers at its Rochester manufacturing site.

In 2020, Schumer successfully fought for Plug Power to build their new "gigafactory" in Rochester, which will manufacture hydrogen electrolyzers, used for the production of hydrogen fuel, and hydrogen PEM fuel cells used to produce electricity to power equipment. Slated to open in the middle of next year, the "gigafactory" will add another 375 employees to Plug Power’s New York workforce.

Senator Schumer’s letter to the Department of Energy appears below:

Dear Acting Secretary,

I am writing to seek the Department of Energy’s (DOE) assistance in the newly proposed plan by New York-based Plug Power to create the nation’s first U.S.-wide network of green hydrogen production facilities, starting with the construction of a $264 million production facility at the Western New York STAMP site in Genesee County between Rochester and Buffalo. With a soon-to-be nearly 975 member New York workforce and a history of reliability and strong investment in the U.S. hydrogen economy, Plug Power is perfectly positioned to meaningfully contribute towards to Biden Administration’s goals of drastically reducing greenhouse gas emissions and creating 10 million clean energy jobs.   

Plug Power is striving to build five new green hydrogen fuel production facilities across the U.S., including a proposed $290 million production facility at the Western New York Science and Technology Advance Manufacturing Park (WNY STAMP) that will produce 40 tons-per-day of green hydrogen to supply the fuel-cells in advanced freight transportation vehicles and logistics handling equipment. Support and technical assistance from DOE now would create a win-win in both opening the door to additional federal resources to make Plug Power’s plans a reality while providing DOE with a first-ever national model for the creation of a domestic green hydrogen energy production supply chain. This new 60+ job green hydrogen production facility eyed at STAMP could help lead the nation in producing carbon-free green power to run hydrogen fuel-cell-powered vehicles and equipment all while creating new green jobs. 

Plug Power is focused on serving the zero-emissions material handling, transportation, and industrial sectors with low-cost green hydrogen fuel that is generated using 100% renewable, zero carbon energy. This project aims to strengthen our country’s economic, environmental, and national security by utilizing domestic energy resources, including low-cost renewable energy from solar photovoltaic, wind, and hydro-electric generation facilities to produce green hydrogen. It will decrease the need for energy imports while creating industry and employment growth opportunities across a variety of markets.

Plug Power, founded in 1997 and headquartered in Latham, NY, employs over 1,217 across the world, including over 600 employees in New York with another 375 expected to be added in the coming years at the company’s new gigafactory slated to open in Rochester, NY this summer. The company is focused on building the hydrogen economy as the leading provider of comprehensive hydrogen fuel cell turnkey solutions. Plug Power created the first commercially viable market for hydrogen fuel cell technology, deploying approximately 40,000 fuel cell systems, more than any other company in the world.

I would welcome the opportunity to host DOE officials for a meeting with Plug Power to discuss how DOE can provide technical assistance, support, and resource access to this cutting-edge company to help drive the construction of this new WNY green hydrogen production facility, a strong step towards a nationwide green hydrogen supply chain.

Thank you for your time and attention to this matter, please do not hesitate to reach out to my staff with any questions you may have.

ICE officials reject activists claims of unhealthy conditions at Buffalo Federal Detention Facility

By Howard B. Owens

Officials with Immigration and Custom Enforcement (ICE) don't see things the way a group of activists in the area do when it comes how detainees at the Buffalo Federal Detention Facility are being treated in the age of the COVID-19 pandemic.

Activists say the conditions have led to two detainees going on a hunger strike. An ICE spokesman confirmed that as of Feb. 18, there were two individuals on a hunger strike. It's unclear if that's still the case. One person familiar with the facility indicated one of the hunger strikers may have been returned to Canada.

Representatives of Justice for Migrant Families of WNY, which is based in Buffalo, claimed during a press conference on Tuesday that during the recent COVID-19 outbreak, COVID-positive patients have been kept in solitary confinment, that conditions in the facility are unsafe and represent a health threat to the Genesee County community, particularly since, in their view, detainees are being held purely for violations of immigration laws.

ICE officials dispute these allegations.

JMF played two recordings of men they said were detainees at the facility who were on hunger strike.

One man identified himself as Raul (no last name provided).

"I am doing this because I suffer from depression almost every night and I throw up and that's why I'm doing this," Raul said. "I have PTSD. I suffer a lot. And that is why I am doing this."

He added, "I want them to release me. I cannot hold on being here longer. I don't know. I suffer a lot from depression and I am afraid that I will get infected with the virus because I have heard there are a lot of infected people here."

We asked Jennifer Connor, executive director of the organization, if anybody from the group had spoken to Raul and warned him that not getting proper nutrition could weaken his immune system and potentially put him at greater risk, and she said, "The hunger strikers are putting their health at risk. They certainly are, and no one undertakes that lightly.

"It is something that people have resorted to when they are truly desperate. It's a real cry for help. They are essentially saying, 'if if you do not hear me, if you do not end this suffering, then I am going to risk my life to make my voice heard.' So I don't think people take that risk lightly."

A spokesman for ICE said facility personnel closely monitor detainees on hunger strike:

In general, ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers. ICE explains the negative health effects of not eating to our detainees. For their health and safety, ICE closely monitors the food and water intake of those detainees identified as being on a hunger strike.

ICE’s detention standards concerning hunger strikes may be reviewed here.

Raul claimed that detainees are not required to wear masks. The ICE spokesman said detainees are issued five masks upon entry and can request new masks as needed. They are required to wear them in common areas but not required to wear them in their own housing units.

Connor and Mary Rutigliano, a local resident who is a member of the Rochester Rapid Response Network, complained that contractors who work as guards at the facility as well as facility employees are not required to be tested for COVID-19.

Rutigliano expressed a lot of concern about employees coming and going from the facility as they could be asymtompatic carriers. 

"(Batavia) is the gateway between the Finger Lakes Region and Buffalo," she said. "So people moving through, stopping in Batavia. That's a huge issue for two big regions in our state."

A source familiar with the facility said ICE has no authrority under the law to require anybody to get tested or to receive a vaccine.

Connor and Rutigliano both complained about COVID-positive patients being kept in solitary confinement.

According to our source, there is no such thing as "solitary confinement" at the facility.  

When The Batavian toured the facility in 2018, we learned there are isolation rooms for people who might be infected with communicable diseases as well as rooms that can be used to isolate detainees involved in conflicts for a cooling off period. 

Detainees, however, are not cut off from the world as they would be in solitary confinment in a prison. They retain, for example, their iPads.  

The ICE spokesman said, "Individuals who are exposed to infectious illnesses are cohorted from non-affected detainees in accordance with CDC  (Centers for Disease Control and Prevention) guidelines. Within these separate areas they are still free to walk about and engage with each other and staff."

Previously, The Batavian was told COVID-positive detainees were cohorted in two pods and not intermingled with non-COVID detainees.

The only solution to the problems outlined by the activists, Rutigliano said, is for the population of the facility to be reduced but the facility can house more than 600 detainees. The current population is 139, or 35 percent of its capacity, the ICE spokesman said.

A source familiar with the facility said more than 80 percent of the current population are people referred to immigration by state and federal courts because of criminal cases and the rest are held by order of the immigration court. ICE is not holding people at the facility on its own authority. Since the start of the pandemic, ICE has maintained a policy of releasing everybody who can safely be released, the source said.

Grand Jury: Man accused of violating order of protection, strangulation and interfering with 9-1-1 call

By Billie Owens

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

Arts and civic leader and tireless volunteer Bob Knipe will be missed

By Virginia Kropf

The loss of Bob Knipe is one which will be felt in nearly every corner of Genesee County.

Knipe, 73, died Saturday at home after a brief illness, with his family at his side.

Knipe came to Genesee County from the West Coast to work at Genesee Community College, where he spent 23 years before retiring as dean of Learning Technologies. 

“It wasn’t just the college Bob was passionate about,” said S. Shade Zajac, conductor of the Genesee Symphony Orchestra, in which Knipe played the French horn. “Rotary, GO ART!, United Way – he was involved in them all. He had a deep love of community. He touched so many people.”

Zajac recalls the first time he met Knipe at GO ART!, where he interviewed for the job as orchestra conductor. 

“I got there early because I was so nervous, and Bob met me at the door,” Zajac said. “He called me by my first name and that put me ease.”

He said Knipe was never one to shy away from a joke, corny or otherwise. He played in Zajac’s trial concert, and the first conversation they had after Zajac got the job was about all the different projects Knipe wanted to do with the orchestra. 

“Bob was a staunch supporter of this orchestra back before I was born,” said the 27-year-old conductor. “Performing and music – that was Bob. He loved to play with the orchestra and they loved him. Bob’s love and knowledge of the orchestra are undisputable. To say he was loved and respected throughout the entire orchestra is an understatement.”

Before Knipe’s death, the orchestra had been planning a virtual concert in his honor.

“We had sent the music we were going to play to Bob’s wife, Linda, and she played it for him,” Zajac said. “He was very touched.”

When the orchestra learned about the concert paying tribute to Knipe, Zajac said the response from the entire orchestra was overwhelming. 

“It is a tribute to how much he was loved and respected," Zajac said.

Even Patty Hume from GCC contacted Zajac and asked if they would like to use space at the college to perform. In addition, the college’s tech team will assist with the recording.

The music for the program is peaceful and quiet, because Knipe’s wife did not want the music to be sad.

The virtual concert is scheduled for March 26, and to watch the livestreamed concert from GCC's Stuart Steiner Theatre, folks should go to the orchestra’s website to find a live link to tune into at 7:30 that evening. 

There will be a donate button for those who wish and funds which come in will be given to Knipe’s family to establish a memorial as they wish, said Roxie Choate, president of the orchestra's Board of Directors.

The orchestra is suggesting the Knipe family consider setting up a college scholarship fund for a high school senior who will be entering the field of music.

Marjorie Fulmer shared her memories of playing flute with Bob in the GSO.

“I’m not sure how many years Bob has been a member of the GSO, but I’ve been a member for 35 years and he has been there most of that time," Fulmer said.  "We also spent many years on the board together, and we were co-presidents for a couple of those years. His boundless enthusiasm and true love and appreciation for the orchestra always came through loud and clear.

"He seemed to have endless energy for both the mental and physical aspects of running a community orchestra. He was constantly the one who schlepped around the music stands to various venues and set the stage up countless times so it would be ready for the other musicians at rehearsals and concerts. While many of the orchestra members are music teachers or have some kind of professional background related to music, Bob did not.

"So many times he told me that one of the goals of a community orchestra should be inclusiveness and he totally appreciated that the GSO included him. The arts in Genesee County have much to thank Bob Knipe for.”

Barb Meyer, a fellow hornist with Knipe, shared some of the light moments they enjoyed in the orchestra. Her memories are of the times they would get in trouble for playing too aggressively or missing their entrance and were chided for talking and not paying attention. 

Meyer said Knipe wore many hats in the orchestra, as operations manager, as well as president. He loved pranks, she said, and it was not unusual for the conductor to turn around after speaking to the audience only to see the horn section decked out in something on their heads. Knipe’s favorite was his big bag of reindeer antlers and Santa hats for the annual holiday concert.

“I will miss his sense of humor, dedication and love of music, in addition to the corny music jokes and pranks,” Meyer said.

She also noted a rare coincidence -- that her horn and Bob’s are both Conn 8D models, and were built within a short time of each other, as the serial numbers are close.

“What are the chances of that in the same orchestra?” she asked. 

Gregg McAllister became friends with Knipe through their involvement in Rotary 30 years ago.

“Bob was the kind who immediately put down roots and became involved in his community,” McAllister said. “He became involved because he wanted to better the community where he lived. Bob was involved in so many things and he was such a pleasure to work with. He was always willing to take on the job as board member or leader, but he wasn’t afraid to get his hands dirty, either.”

McAllister cited a recent gleaning project undertaken by Rotary, where Knipe was there with his pickup collecting beets. When they cleaned up Rotary Park and made repairs at the Domestic Violence Safe House, Knipe was there working. 

One day week, Knipe volunteered to drive military veterans to medical appointments.

McAllister said one very important program Knipe was involved in with him for 25 years was Rotary’s Youth Exchange Program, which provided life-changing experiences for youth from around the world. As a result, tributes and condolences have been coming in from all over the world.

“Bob loved to travel to other countries, but he loved Batavia, too,” McAllister said. 

Board President Choate was also a member of the Batavia First Presbyterian Church with Knipe. 

“He was very involved with the church, holding some of their decision-making positions,” she said. “Wherever Bob was, he held a strong leadership role. Bob was also a huge family man.”

Conductor Zajac added a comment about the orchestra’s holiday presentation of “Encore” at Christmas time.

“As a member of the GCC faculty, Knipe had tried for many years to make the holiday concert happen with the Genesee Symphony,” Zajac said. “The day I told him, he was ecstatic. To me it is incredibly fitting and heartwarming that Bob’s last concert should be ‘Encore.’ ” 

Knipe’s full obituary can be read here on The Batavian.

Top photo, by Howard Owens.

Photo below, courtesy of Genesee Symphony Orchestra.

Bottom photo, by Howard Owens.

Friends of Richmond library announce extra 'Every Day Sale' space to buy books

By Press Release

By Kathy Zipkin, president, Friends of Richmond Memorial Library

The Friends of Richmond Memorial Library are pleased to announce that they have added an extra “Every Day Sale” space at the library!

Until normal book sales can resume, books can be purchased from the shelf by the elevator or from the table in the Reading Room any time the library is open.  

Selections include romance, mysteries, science fiction, history, young adult, cookbooks and so much more!

Please bring a bag if you need one. Sadly, the library still cannot accept donations. Books are priced according to stickers and signage and can be paid with by cash or check.

All proceeds benefit the Friends of the Library. The Friends of the Library exist to support the mission and goals of the library, including direct support of most library programs. New Friends are always welcome -- become a member at the library today!

The library is open regular hours for limited services, including browsing and checking out materials, limited computer use, photocopying, faxing and placing holds on materials.

Please observe all signage and policies when you enter the library. Information about virtual programs can be found on our website.

Richmond Memorial Library continually provides access to physical and virtual resources and services that meet the educational, informational and recreational needs of its diverse community in a safe and comfortable environment.

Richmond Memorial Library is located at 19 Ross St. in the City of Batavia.

St. Paul Lutheran School to hold Open House on March 26

By Press Release

Submitted photo and press release:

 

St. Paul Lutheran School in Batavia will hold an Open House for prospective families with students of 3-year-old preschoolers through fifth grade on Friday, March 26 from 4 to 6 p.m.

 

Registrations are now being accepted for the 2021-2022 school year.

Registration forms are available on the website or by calling the school office at (585) 343-0488.

The school is located at 31 Washington Ave. in the City of Batavia.

Why St. Paul?

  • Five days of in-class learning.
  • Outdoor recess every day.
  • Small class sizes that allow for individual attention.
  • Small school creates close family atmosphere.
  • Three or five day option for 3- and 4-year-old preschoolers.
  • Chapel Service each Monday and religion lessons daily in classrooms.

For more information, visit the school’s website at stpaulbatavia.org.

In girls basketball, Alexander, Elba, Byron-Bergen, and Notre Dame winners

By Howard B. Owens

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Alexander pulling out a close victory Wednesday over Oakfield-Alabama, 51-48.

For the Trojans, Hailie Kramer scored 19 points and Allison Mileham scored 11.

For the Hornets, Danica Porter scored 15 points, Brooke Reding, 12, and Kelsy Schlagenhauf, 10.

In other girls basketball:

  • Elba beat Pembroke 62-35. Brynn Walczak scored 27 points for Elba and had 10 rebounds. Leah Bezon scored 10 points. For Pembroke, Serene Calderõn scored 10 points. (Game pictures included below.)
  • Byron-Bergen beat Kendall 39-35
  • Notre Dame beat Lyndonville 53-33

In boys basketball:

  • Le Roy beat Haverling 54-51
  • Pavilion beat Keshequa 42-34

O-A v. Alexander photos by Kristin Smith (click here for more). Elba vs. Pembroke photos by Debra Reilly.

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WROTB approves purchase of Hotel at Batavia Downs for $8 million, to buy stage for Summer Concert Series

By Mike Pettinella

Directors of the Western Regional Off-Track Betting Corp. this morning authorized the purchase of the Hotel at Batavia Downs from ADK Hospitality LLC for $8 million.

The action, which was approved by a 13-1 margin with one abstention, provides WROTB with the opportunity to "expand our customer service to our patrons and to our guests who come here," said WROTB President/CEO Henry Wojtaszek following the public benefit company's board meeting.

"We had an opportunity to strike an agreement with the current owners and we believe that the price is appropriate and we believe it will help enhance what we have to offer to our guests."

Wojtaszek said WROTB has submitted a financing plan that he feels is "appropriate and reasonable, so now we're going to go ahead and try to complete the deal."

He said he anticipates a closing date sometime in April and is looking forward to be able the market the hotel more extensively.

"We will have a renewed focus on marketing," he said, noting the many tie-ins to the casino such as weddings, trade shows, movie nights and dinner/overnight packages. "Being able to be marketed by us will be a big advantage."

Wojtaszek said the plan is to continue contracting with Hart Hotels to manage the hotel on Park Road.

Chief Financial Officer Jacquelyne Leach reported that WROTB will be able to capitalize on historically low interest rates, utilizing 20-year tax exempt bonds to project a savings of $600,000 as it bundles the refinancing of a balloon payment due in October 2023 with the hotel purchase expenditure.

"Being a public benefit corporation, we have to publicly advertise this," she said, adding that she currently is negotiating with Key Bank and Tompkins Bank of Castile.

In November 2016, Batavia Downs Gaming and members of the hotel ownership team cut the ribbon on the 84-room, luxury hotel.

ADK Hospitality LLC is a Buffalo-based development team that purchased land from WROTB in March 2015 and invested $7.5 million to build the facility.

Director Paul Lattimore Jr. (Cayuga County) cast the "no" vote. An email to Lattimore, who joined the meeting via Zoom, has yet be be returned.

Stage Purchase May Lead to More Concerts

WROTB directors also approved a resolution, by a 14-1 vote (with Lattimore voting against it), to purchase the stage and roof truss, along with crowd control barricades and two storage containers from Audio Images Sound & Lighting, a Batavia firm, for use at the corporation's Summer Concert Series at a cost of $129,460.

"This is certainly a good economic move for Batavia Downs. We believe that purchasing this equipment ... will pay for itself within the first two to three years of the purchase. We intend to have concerts for a long time," Wojtaszek said.

"The equipment that we are purchasing is in very good shape and we have a capable maintenance staff here on site that will be able to keep that in good shape for years to come. And we're looking to have more concerts than the six to eight that we've had."

The 2021 concert series has yet to be finalized but two performers have been announced -- Steve Augeri, formerly of Journey, on June 25, and Don Felder, formerly of The Eagles, on July 9.

Other concerts and their tentative dates are Skid Row, June 25; The Machine (Pink Floyd Tribute), Aug. 7.

Wojtaszek said his leadership team is trying to set up more concerts, possibly starting in May. If necessary, they would take place in a "pod" setting, he said, with about 1,500 in attendance instead of 5,000.

Directors approved a related resolution to spend up to $274,000 to pay the Summer Concert Series musical acts.

In other developments, directors:

  • Approved the sale of the McKinley OTB branch in Buffalo to Alaskan Properties I LLC for $900,000.

Wojtaszek said the buyers are a retail business and hopes to close the transaction during the summer.

Leach reported that proceeds will go toward paying down two loans, a letter of credit pertaining to workers' compensation self-insurance and to the capital acquisition fund.

  • Approved an agreement with Cumulus Broadcasting (97 Rock FM) to become the title sponsor the the 97 Rock Tour Bus for April 2021 throught March 2023 at an annual cost of $20,000. 

Benefits to the corporation include hundreds of on-air promotional mentions, the sponsor log and link on the 97 Rock website, ability to distribute promotional coupons, a vinyl wrap of the logo on the tour bus, three "remote location" broadcasts, and four tickets to a suite at a Buffalo Bills game.

  • Received financial reports as follows:

-- WROTB distributed $55,455 in surcharge to the member municipalities for December and will distribute $69,342 for January. The corporation also generated operational earnings of $81,691 in January.

-- Batavia Bets, the company's interactive online wagering platform, saw a 67-percent increase in January, bringing in $581,000, and is up 43 percent in February at $317,000.

Previously: Hotel ribbon cutting officially marks 'transformation' at Batavia Downs Gaming

Council Member Christian objects to proposal to defer ice rink payments; supports YMCA running youth program

By Mike Pettinella

Anyone who follows the activities of the Batavia City Council is fully aware of the fact that longtime Council Member Rose Mary Christian – in her unique brusque and outspoken style – strongly advocates for her Sixth Ward (the Southside), fully supports the city’s police and fire department, and constantly looks out for the taxpayer.

On Wednesday, she contacted The Batavian to share her views on a few items currently on Council’s docket, starting with the management situation at the Batavia Ice Rink on Evans Street.

Christian said she is not on board with a recommendation before the city’s governing body to allow Firland Management, the company that operates the rink, to make a lease payment nine months after the original due date and to contribute a reduced amount to the rink’s capital improvement fund.

Council, at Monday night’s Conference Meeting, agreed to forward the proposal to its March 8th Business Meeting for a formal vote.

A memo from Interim City Manager Rachael Tabelski to Council spells out a reworking and extension of the lease agreement with Firland, reducing and deferring the firm’s payments due to the impact of COVID-19 upon its bottom line in 2020. The rink was closed for most of the year and just recently has welcomed back youth league and high school hockey teams.

Christian said she doesn’t buy that reasoning.

“There are numerous businesses in the City of Batavia that are hurting,” she said. “Are we going to defer anything for them – property taxes, school taxes, anything? I don’t think so, and that’s why I’m not voting for the resolution coming in two weeks.”

Tabelski, through negotiations with Firland, introduced a plan to let Firland make its next lease payment of $25,000 on Jan. 1, 2022 instead of the current due date of March 1, 2021, and also to reduce its contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

She also is proposing to extend the contract from its current ending date of March 31, 2021 for two years through March 2023.

Therefore, Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23 and its capital fund contribution will be $5,000 annually for the next two fiscal years.

Christian said the city has seen its revenue decline and, noting the costs involved with maintaining the rink, feels it would be unwise to go this route.

“Rachael sent me an email stating that the annual cost for keeping the refrigeration system at the rink is $11,500, and the city pays for that,” Christian said. “So, in reality, taxpayer money is used to cover that expense.”

Tabelski explained that the intent of the lease and capital payments (paid to the city by Firland) covers the costs of maintenance at the facility and contributes to the Ice Rink Reserve for Capital Improvements.

The city currently has $370,000 in ice rink reserves. If the refrigeration system was to fail, it could cost up to $750,000 to purchase and install a new one.

“That’s a far cry if it comes to $700,000 and we have to replace it,” Christian said. “And that becomes another burden upon city taxpayers.”

In a story posted on The Batavian on Tuesday, Tabelski suggested the manager’s office – within a year or so -- conduct an analysis and study, and present a strategy to Council “with the goal of bringing it back to full capacity and to potentially attract a buyer.”

Christian said she hopes someone or an organization would purchase the facility.

“We do not belong in business. I, myself, would like to privatize that all the way so someone can own it and take care of the responsibility,” she said. “Not every child in Batavia is afforded that ice rink. They can’t afford the fees charged to play hockey; it’s just the elite.”

Christian sounded off on a couple of other recent City Council agenda items:

-- On having vacant public safety positions in the 2021-22 budget:

“I’m sorry that we have to not fill a couple positions with the police department and the fire department. Safety is my No. 1 concern,” she said.

Christian said city funds used to support the Batavia Development Corp. should go back into the general fund, and potentially could be used to hire public safety personnel.

Tabelski, in response to an email from The Batavian, stated that the city is paying $95,000 to the BDC this year – down from the usual amount of $110,000 -- “via an agreement that was established years ago to provide economic development services in the City.”

She explained that the BDC is a public authority and has its own budget and operating costs, and can bring in its own revenue at times from grants, project fees or real estate sales. Recently, the entity has been successful in obtaining New York Main Street grants and money from the state’s Downtown Revitalization Initiative for several building renovation projects in the city.

The BDC employs a full-time director of economic development at a current salary of $65,000.

Christian said the corporation should be at a point where it can sustain itself.

“Do you know where that salary belongs? It belongs with the BDC. They should be paying for it,” she said.

-- On the strong possibility that the city will contract with the Genesee Area Family YMCA for its after-school and summer recreation programs:

“I’m happy that (District Executive Director) Jeff Townsend is going to be in charge of it for the YMCA. I think they are going to do an outstanding job for the kids,” she said.

Christian said the $1,100 rent payment to City Church for the use of the Liberty Center for Youth (the former St. Anthony’s School building) on Liberty Street is fair.

“It’s a good fee for that building. It will serve the kids well and also it will be used on Tuesday nights for their open gymnasium.”

Batavia Oakfield Townline Road closed with wires down after car strikes utility pole

By Howard B. Owens

A car stuck a utility pole in the area of 3624 Batavia Oakfield Townline Road at 6:30 a.m.

There are no injuries.

A second car also reportedly hit the pole after it was down.

There are wires across the roadway so the Batavia Oakfield Townline Road is closed to through traffic until National Grid can respond and shut off power to the line.

Town of Batavia fire and Mercy EMS on scene.

Genesee, Orleans, Wyoming officials wait for word on GCC mass vaccination site request

By Mike Pettinella

Genesee County Manager Matt Landers today said he is hopeful that an urgent request to the governor’s office to designate Genesee Community College as a COVID-19 mass vaccination will become a reality.

Legislative leaders and public health directors in Genesee, Orleans and Wyoming counties last week sent a letter to Gov. Andrew Cuomo to authorize the use of the GCC campus as a regional location to administer the vaccine.

“We remain optimistic at this point that our request will be heard,” Landers said during a Genesee County Legislature meeting at the Old County Courthouse. “There is some hope and optimism through discussions with the Finger Lakes (Region) control room.”

The letter stated that the three counties have experienced delays in testing supplies and now have not received enough vaccine, adding that “having a regional clinic with less than a half hour commute would benefit these communities."

Genesee County lawmakers are confident that they have enough staff and volunteers to vaccinate 2,000 or more people per day.

Copies of the letter were also sent to Genesee, Orleans and Wyoming Counties state representatives, Assemblyman David DiPietro, Senator Patrick Gallivan, Assemblyman Stephen Hawley, Assemblyman Michael Norris, Senate Minority Leader Robert Ortt, and Senator Edward Rath III.

On another front, Landers said that he and John Welch Jr., Orleans County chief administrative officer, were on a call with New York Association of Counties officials to talk about the two counties’ plan to build a joint jail on West Main Street Road in Batavia.

“We are focused on our joint jail and we talked about the history of the Genesee County Jail. And because of the governor’s budget wording, there is new, revised hope that there will be an opportunity (for it),” he said. “Obviously, we have a close partnership and a history of sharing with Orleans County – a willingness of two administrative bodies to do what is right for the taxpayers in the least costly manner.”

Landers said Genesee is moving forward with the project as it has asked a design firm to update its jail study to determine the proper number of beds.

“If they (Orleans County legislators) aren’t able to decide or meet the timeline we have … they could always jump in down the road (through) future expansion,” he said.

He also shared that in Albany County, excess jail beds were used to create a homeless shelter.

A report by Legislator Gary Maha indicated that if a federal stimulus plan passes in mid-March, counties who certify their COVID-related financial losses would be able to be reimbursed in 60 to 90 days.

In legislative action, Wade Schab of Alexander, a longtime parademic, was approved as a Genesee County coroner, replacing Jeff McIntire, who relocated to Florida.

Previously: Ways & Means supports resolution appointing Wade Schwab to fill vacant county coroner post​

Afternoon of snowmen building

By Steve Ognibene

a76y8730.jpg

The George family siblings worked on building some snowmen with their grandmother yesterday afternoon before the warmer temperatures came in today. It was good packing snow and they wanted to take advantage of having some outdoor fun while we still had some snow.

Pals of Jessica Newton hold drive-thru chicken BBQ fundraiser March 6 and walk-thru basket raffle

By Billie Owens

Jessica Newton -- wife, mother, daughter, sister, friend and nurse -- needs the community's help as she struggles to regain her health and her strength.

After being diagnosed with COVID-19 and spending six days in the hospital, she returned home only to suffer a stroke a day later. She went back in the hospital and though is again back home recovering.

"One thing she isn't is a quitter. ... Jess...is staying strong so she can come home to her husband TJ and her two sons, Maverick and Emmett," according to a note sent to The Batavian by the Newton and Johnson families.

They are holding a drive-thru chicken BBQ for her from 12 p.m. until sold out on Saturday, March 6, at St. Maximilian Kolbe Roman Catholic Parish, located at 8656 Church St. in East Pembroke.

Tickets for "Racing to Recovery" are $12 each. There will also be a walk-thru basket raffle at the church that day.

Money raised will help the Newton family offset their medical expenses and help them now that Jessica, for the time being, is unable to work.

You can buy tickets, and/or drop off monetary donations or a raffle basket at:

Jess's friends and family say they appreciate the outpouring of love and support given to the frontline healthcare worker and her family.

The note continues: "This road the family is about to go down is unpredictable and may have bumps and turns, but one thing is for sure -- it will never be a road they travel alone."

Fourteen new COVID-19 cases today in Genesee County

By Press Release

Data Update – 

  • Genesee County received 14 new positive cases of COVID-19.
    • The new positive cases reside in the:
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, and 60s. 
  • Twenty-three of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Fourteen of the current positive individuals are hospitalized.

 

Orleans County received 19 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s,30s, 40s, 50s and 60s.
  • Three of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.
  • Correction for the West Region, an individual was removed as they were not an Orleans County resident, the correct number of positives for Tuesday is one less (2,381)

Bethany man allegedly found with cache of weapons, drugs

By Howard B. Owens
tundofeb242021_mug.jpg
     Timothy Tundo

Timothy M. Tundo, 57, of Linden Road, Bethany, was arrested Tuesday after an execution of a search warrant by the Local Drug Task Force that allegedly uncovered machine guns, LSD, and money.

The Sheriff's Office reports that besides the LSD, in an amount that suggests it was being sold, they also found marijuana.  

Weapons recovered include an AR-15 style pistol, declared a "ghost gun" (unmarked and unregistered), two fully automatic machine guns, and five assault-style weapons. They also recovered 10 high-capacity magazines, an ammo belt, and brass knuckles.

Tundo is charged with criminal possession of a controlled substance, 5th, two counts of criminal possession of a weapon, 2nd, 12 counts of criminal possession of a weapon, 3rd, criminal possession of an assault weapon, 3rd, criminal possession of a weapon, 4th, and criminal possession of marijuana, 2nd.

The suspect is being held in the Genesee County Jail in lieu of bail (unspecified).

The task force was assisted by uniformed deputies, State Police VGNET, State Police SORT, State Police CCERT, and the District Attorney's Office.

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The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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