Jackie Whiting, who has served on the Le Roy Central School District Board of Education since 2011, was elected to another term as president of the board at the board's reorganization meeting on Tuesday.
At the start of the meeting, all school board members, Superintendent Merritt Holley, and Clerk Lori Wrobel took their oaths of office.
The 2024-25 board and their terms of office:
Jacalyn Whiting, president, 2011-2026
Denise Duthe, vice president, 2023-2026
Christine Dowell, trustee, 2019-2024
Peter Loftus, trustee, 2016-2025
Rachael Greene, trustee, 2022-2025
Jason Karcher, trustee, 2022-2024
William MacKenzie, trustee, 2018-2024
Le Roy Board of Education: William MacKenzie, Jason Karcher, Jackie Whiting, Denise Duthe, Christine Dowell, Rachael Greene,and Pete Loftus Photo by Howard Owens.
A tornado warning has been issued for Batavia, Byron, Oakfield, Stafford, Bergen, Corfu, Elba, and Alexander.
The warning is in effect until 2 p.m. Wednesday.
A tornado was reported on Wednesday near Attica and moving northeast at 30 mph.
Weather sports reported the tornado.
UPDATE 1:50 p.m.: A tornado reportedly touched down at Route 77 and Route 5 in Pembroke. So far, no damage has been reported. If you have photos or video, please send to howard@thebatavian.com or text 585-260-6970.
The National Weather Service has issued a tornado watch for all of Western New York, including Genesee County.
The watch is in effect until 9 p.m. Wednesday
UPDATE 1:20 p.m.: There is a warning in place now until 1:45 p.m. for Darien and Pembroke. At 1:11 p.m., a tornado was reported in Billington Heights and over East Aurora, moving northeast at 40 mph. The weather service warns, "Flying debris will be dangerous to those caught without shelter. Mobile homes will be damaged or destroyed. Damage to roofs, windows, and vehicles will occur. Tree damage is likely."
The Cowboy Vampires performed on Jackson Street. Photo by Howard Owens
The sun was out and people were in a happy place in Downtown Batavia on Saturday for the 2024 Batavia Ramble Music & Arts Fest, which was spread out over Jackson Street, School Street, and, of course, in Jackson Square.
For a lot of people and musicians, the festival was their first experience with the new stage in the square.
It received rave reviews for visibility and acoustics. The soundman said it was a big improvement, with the metal ceiling providing a great acoustic reflection.
The stage was funded by a state grant as part of a larger city of Batavia project to transform Jackson Street into a more attractive public square. The total grant was for $750,000 with the stage being just one component of the costs.
Twenty-five acts performed on two stages, including the stage on Jackson Street.
Shotgun Pauly Photo by Oward Owens
Distant View Photo by Howard Owens
Photo by Howard Owens
Photo by Howard Owens
Photo by Howard Owens
Photo by Howard Owens
The Rock-A-Bully's Photo by Howard Owens
Shotgun Pauly Photo by Howard Owens
Photo by Howard Owens
Photos by Howard Owens
Photos by Howard Owens
Photo by Howard Owens
Sons of Luther Photo by Howard Owens
Sons of Luther Photo by Howard Owens
Sons of Luther Photo by Howard Owens
Sons of Luther Photo by Howard Owens
Sons of Luther Photo by Howard Owens
The Royal Halls Photo by Howard Owens
The Royal Halls Photo by Howard Owens
Logan Music, 302 Ellicott St., Batavia, donated a guitar as a Ramble fundraising raffle prize, and Zach Burgess won it. And there are a couple of interesting storylines around Zach's prize. The first winning ticket was to Bob Trombley., who immediately donated it back so somebody else might have a chance to win it. Zach's band, Zackstreet Boys, played the Ramble a few years ago, and he mistakenly left behind a double-sided Hercules guitar stand. At the Ramble on Saturday, Stephen Kowalcyk tells him his guitar stand is being used to hold the Ovation guitar, one of the raffle prizes (there were also Buffalo Bills tickets), suggesting he remember to take it with him later. Well, Zach, by luck, left with the guitar stand and guitar. Pictures, Kowalcyk, Burgess, and Jermey Logan. Photo by Howard Owens.
More than 200 people turned out Friday night for the inaugural open mic and open art event in Jackson Square. Photo by Steve Ognibene
A new event that many who attended, including the organizers, hope will return in future years premiered in Jackson Square on Friday night, the night before the Ramble Music and Arts Fest.
It was an open mic for local musicians and an open art session for local visual artists.
More than 200 people attended, and more musicians than time available signed up to sing and play.
Jo David Arts and Iburi Photography presented the event.
Jo David Arts is a partnership between local artists Mary Jo Whitman and Brian Kemp. Iburi is a photography studio on Jackson Street that started hosting increasingly popular open mic sessions about five months ago.
"We're excited to bring this event to Jackson Square," Whitman said. "This is a great opportunity for local performers and artists to showcase their work and connect with the community in a fun and supportive environment."
The open art night is an extension of the First Fridays Open Art event at GO ART!, which was created by Kemp, who compared the event to a pick-up game of basketball.
"You just get together," Kemp said. "Like, I never got together with anybody and done art before until I had this idea, 'Well, I play basketball with other people, why can't I do art with people?' We're all working on our own thing, but sometimes we'll do collabs where somebody works on something that somebody else works on the same thing."
The Ramble started at 10 a.m. on Saturday and runs until 10 p.m., with music on two stages -- Jackson Square and Jackson Street. There will also be art and artists, activities, and food and beverages.
For a lineup of musical acts playing the Ramble this year, click here.
There will be no political considerations in the search for new executive leadership of Western Regional Off-Track Betting, said Board Chairman Dennis Bassett on Friday afternoon in an interview with The Batavian.
The Batavian asked about political considerations in searching for a CEO to replace Henry Wojtaszek. We asked if there will be a background check on candidates' voter registration or if candidates would be asked to disclose if they are members of a political party.
"I can say, unequivocally, they will not," Bassett said. We are looking for people who can take Western OTB to the next level. Henry Wojtaszek is on the right side of the aisle, and I'm on the left side of the aisle. I have the utmost respect for Henry Wojtaszek and the way he ran this organization. We're looking for solid business people."
At the June board meeting, the majority of board members backed a resolution to provide severance packages to Wojtaszek, CFO Jackie Leach, and VP of Operations William White. This is essentially a buyout of contracts that will terminate their employment before the previously negotiated employment contracts expire.
Bassett became chairman of the board in October for a four-year term after the state legislature approved a bill terminating the board members at the time and giving greater voting power to the representatives from Monroe, Niagara, and Erie Counties, relegating the rural counties to minority status on the board.
There are 17 municipalities, including Genesee County, that co-own the OTB and receive revenue from the gaming operation's profits. The operation includes harness racing and video lottery terminals at Batavia Downs and remote facilities where race fans can place bets.
"There are a number of municipalities that need Batavia Downs to be successful," Bassett said. "I mean, their budgets need for us to continue to generate revenues for them so we can help them do things that they would like to do in their own municipalities. They are not interested in us playing politics. They need for us to make good business decisions. As long as I'm the board chair and I will be chair for the next three and a half years, we are going to look at the right business decisions and how we can move this organization forward. And that's not going to be politically motivated."
Bassett has selected the executive search committee, and the members represent a balance between urban and rural municipalities.
The members are Mike Horton, Steuben County; Mark Burr, Cattaraugus County; Ed Morgan, Orleans County; Elliott Winter, Niagara County; and Dennis Bassett, city of Rochester.
The committee will meet soon to establish the qualifications and experience they seek in a new CEO.
"I have been a part of several high-level searches of senior executives in my 51 years in corporate America and on boards outside Western OTB, and I think we are capable of conducting a national search in a very timely and effective manner," Bassett said.
Bassett suggested that politics played a role in buying out Wojtaszek's contract.
Wojtaszek has been singled out by political opponents in Niagara and Erie counties, most notably former State Sen. George Maziarz, who was once passed over for the CEO job.
Several controversies have surrounded Western OTB in the past few years, including questions about health care insurance for OTB board members, the accounting of VIP tickets for sporting events in Buffalo, and Wojtaszek's use of a take-home vehicle.
The newest controversy involving Wojtaszek is the severance package he, Leach and White received. An online news source in Buffalo published a one-sided report that apparently wasn't fact-checked, quoting Erie Democrats alleging the severance packages were illegal.
Bassett also addressed these latest allegations in his interview with The Batavian.
Reading from a statement prepared by OTB Attorney Terry Connors, Bassett made three points:
The allegations were based on a reading of NYS Public Authority Law Section 43-A, which deals with severance packages for at-will employees of public authorities and limits the payout of any severance to three months of salary. The law, he noted, explicitly excludes entities such as Western OTB that were not created under that statute.
Western OTB is a public benefit corporation organized under the NYS Racing, Pari-Mutuel Wagering and Breeding Law;
So, the Public Authority Law does not apply to Western OTB and severance payouts.
"The severance pay limits only apply to employees under Chapter 43-a," Bassett said. "The same is true of Henry Wojtaszek. As such, the New York State Severance Pay Limitations Act does not apply to Mr. White Miss Leach, or to Mr. Henry Wojtaszek."
State law and prior case law, notably Civil Service Forum vs. New York City Transit Authority, a 1957 case, gives government entities in the state, such as authorities and public benefit corporations, the ability to operate as any American corporation would, offering competitive benefits, perks, and incentives to employees and board members, and to do "all things necessary or convenient to carry out its purpose."
The court found that "unlike other agencies performing government functions, (it) is required to run the transit system like a business, in that its facilities must be operated on a self-sustaining basis. Recognized business practices should be permitted."
This is also why the health care benefits once provided to board members were not illegal.
The severance packages to Wojtaszek, Leach, and White:
Wojtaszek will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary. He must also agree not to take a job or engage with any other entity in the gaming business through 2026.
Leach will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. She will be paid half her annual salary for the remaining time on her employment contract.
White will continue working through April 30. He will use up any remaining sick leave and vacation time at that time. He will receive half of a full year's salary.
Bassett said these severance packages are right in line with common business practices in corporate America.
"I would say that, in my 51 years of corporate America, this is (in line with standard business practice)," Bassett said. "What a business is trying to do is, we're talking about an individual, these individuals, who were really a part of a very successful business. And right or wrong, we are trying to move the needle forward in a positive manner. And I would be less than honest if I didn't say that, yes, politics gets in the way of that. But we are running this organization. As long as I'm on the board, we will run it as much like a business as we can. I felt, and I convinced the board, that it's important for us if we're going to face the challenges of tomorrow, we need to move forward with new leadership. We and we rewarded, or we didn't reward. Yes, we did (reward). We addressed situations of people who were very successful in helping this organization go to the next level. Over the last two years, we had record earnings."
Local organizations are increasingly relying on social media to announce their events and other important announcements without putting out a press release.
Bella Nugent, Brooklynn Dewe, and Howard Owens. Photo by Philip Casper.
Bella Nugent, a 12-year-old from Batavia, did her friend a favor at Wednesday's Batavia Muckdogs baseball game.
She drew a picture of an eagle in hopes of winning the Harley-Benton ST-style guitar The Batavian was offering as a prize in its eagle-drawing contest.
Bella's drawing was among the 20 staff picks of favorite drawings and was randomly selected from those 20 entries to win the grand prize.
She was so overcome by the surprise of winning that when she got to The Batavian's booth, she had to sit down.
Then she gave the guitar to her friend, Brooklynn Dewe, who has been learning to play guitar and was equally thrilled by the gift.
The Batavian staff also selected three honorable mentions by Miranda Tamburlin, 16, from Batavia; Annaliede Evans, 15, from Chili; and Laya Laite, 15, from Batavia. They each received a gift certificate to Dave's Ice Cream.
As first explained a year ago when The Batavian launched this contest:
An eagle is the primary essence of The Batavian’s logo, borrowed from the Upton Monument, which sits at the intersection of routes 5 and 63 in downtown Batavia. Publisher Howard Owens wanted to capture that symbol along with the name of this city he now holds dear after setting down roots more than 15 years ago.
“The Upton Monument is our community's most important and significant landmark, and the eagle that sits atop of it represents independence and courage, two characteristics of good news organizations,” Owens said. "When planning our new logo, the eagle seems a natural way to represent our commitment to the community and to fearless and honest journalism."
The guitar contests are something Owens said he wanted to do to give back to the community to promote an appreciation for the magic and beauty of music among its youth.
Photos by Philip Casper.
Bella Nugent's winning drawing. Photo by Philip Casper.
Batavia erased a two-run deficit in the sixth inning of Wednesday's home game against Geneva in front of a capacity crowd on an Independence celebration fireworks night and beat Geneva 7-5.
The Muckdogs improved to a 18-4-1 on the season.
Garrett Brunstetter, who pitched an inning of hitless and scoreless ball, picked up the win.
Starter Ty Woods went five innings, surrendering four hits and three runs (one earned).
James Bolton, a SUNY Cortland student from Webster, was the offensive star of the game, going 2-4 with two RBIs and a walk.
Trevor Dutra also picked up a pair of RBIs, going 1-4.
The Muckdogs are in first place in the PGCBL West Division, four games ahead of the Auburn Double Days.
Their July 4 game is away against the Niagara Falls Americans.
Peter J. Cino, 56, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 4th and harassment 2nd. Cino is accused of hitting another person on June 13 at a location on Bank Street during an argument and of threatening that person with a hammer. He was arraigned in City Court, and an order of protection was issued. On June 15, police learned that Cino was possibly in possession of a firearm he had not surrendered as required by the order of protection. Officers obtained a search warrant and located a rifle in the bedroom closet. He was then charged with criminal contempt 2nd and two counts of criminal possession of a weapon 3rd. He was arraigned and ordered held in jail.
Norman Michael
Michael Norman, no age or address provided, is charged with criminal sale of a controlled substance 2nd, a Class A2 felony, two counts of criminal possession of a controlled substance 3rd, and conspiracy 2nd. Danielle Michael, no age or address provided, is charged with two counts of criminal possession of a controlled substance 3rd, conspiracy 2nd, and criminal use of drug paraphernalia 2nd. Marcus Mobley, no age or address provided, is charged with criminal possession of a controlled substance 7th. The three suspects were arrested on May 28. It's alleged that Norman Michael contacted his wife and arranged for her to sell a large quantity of narcotics to Marcus Mobley. After the sale, Batavia NET officers conducted a vehicle stop on Mobley's vehicle, which led to a narcotics seizure. Release status not provided.
Kenneth B. Jordan, 31, of Batavia, is with strangulation 2nd, attempted assault 3rd, unlawful imprisonment 2nd, and two counts of endangering the welfare of a child. Police responded to a report of a disturbance on June 22 at a location on Liberty Street. Jordan is accused of strangling a victim and refusing to let her leave a residence. Two children were present at the time of the incident. Jordan was arraigned and ordered jailed.
Angelina J. Baumgart, 33, of Batavia, is charged with criminal possession of stolen property 5th, criminal possession of stolen property 4th, criminal possession of stolen property 3rd, criminal impersonation 2nd, and aggravated unlicensed operation of a motor vehicle 2nd. A Batavia police officer initially stopped Baumgart's vehicle on June 8 for an alleged stolen license plate. After an investigation, police determined the vehicle itself was stolen. Baumgart allegedly lied about her name and was found in possession of crack cocaine. She was arraigned and ordered held in jail.
Jeanna M Hattaway, no age or residence provided, is charged with criminal possession of a weapon 3rd and criminal possession of a controlled substance 7th. Hattaway's vehicle was stopped on Jan. 30. allegedly found in possession of a small club wrapped in razor wire as well as methamphetamine and cocaine. She also had two warrants pending from two separate cases. She was arraigned and released.
Jamie A. Dutton, 31, of Batavia, and Sandra L. Marsceill, 53, of Batavia, are charged with petit larceny. The pair are accused of stealing a hammock chair from Aldi. They were issued appearance tickets. Dutton was also charged with petit larceny on June 26 by State Police in connection with an alleged theft reported at 1:15 a.m. on that date in the town of Batavia.
Jessica D. Delcour, 41, of Wyoming, was arrested on a warrant on June 18. Delcour was initially arrested on Feb. 16 on a charge of criminal trespass 2nd. The warrant was issued after she allegedly failed to appear in court. She was arraigned in City Court and released.
Isaiah J. A. Munroe, 34, of Batavia, is charged with criminal tampering 3rd. Munroe is accused of causing a disturbance at Advance Auto Parts on June 14 and shoving a cashier's computer, keyboard, and receipt printer off the county. He was issued an appearance ticket.
Adrienne S. Bechtold, 28, of Batavia, was arrested on June 13 on three warrants. The warrants were issued after Bechtold allegedly failed to appear in court, on three separate criminal cases. She was arraigned in City Court and remanded to the Genesee County Jail on $2,500 bail, $5,000 bond or $10,000 partially secured bond.
Michael J. Miller, 46, of Batavia, was arrested on June 21 on a warrant alleging failure to register a change of address as a sex offender. He was arraigned in City Court and jailed without bail.
Katty L Jackson, 28, of Batavia, is charged with criminal mischief 4th. Jackson is accused of damaging an iPad on June 26 during an argument at a residence on Pearl Street. She was issued an appearance ticket.
Benjamin G. Evans, 35, of Batavia, was arrested on two bench warrants on June 24. Both warrants stem from incidents where Evans was charged with obstructing governmental administration 2nd. Evans was arraigned and released.
Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of shoplifting at Aldi. He was issued an appearance ticket.
Steven Kevin Underhill, 27, of Webber Avenue, Oakfield, is charged with reckless endangerment 2nd. Underhill is accused of firing a shotgun on July 1 while in a residential neighborhood and under the influence of a narcotic. Underhill was processed at the jail and released on an appearance ticket.
Robzeem Estevez, 29, of Hillside Avenue, Syracuse, is charged with trespass. Estevez is accused of being on private property on Park Road on July 2 at 9:28 a.m. after previously being barred from being on the property. He was issued an appearance ticket.
An 18-year-old is charged with obstruction of governmental administration 2nd in connection with an incident reported at 1:47 p.m. on June 30 in the town of Batavia. The juvenile is from Le Roy. The State Police state an investigation is pending.
The parking lot was packed at St. Anthony's on Tuesday evening for a community picnic hosted by City Church to coincide with July 4th week.
"We typically have a summer picnic, but we thought it would be nice on the week of the fourth," said Ryan Macdonald. "We’re just loving being part of the community, so we love getting everybody together. It's a nice opportunity for neighbors to meet."
It's probably the largest turnout yet for a community event at St. Anthony's since City Church purchased the property. Macdonald estimated more than 1,000 people would attend over the course of the evening.
"We're grateful and thankful just to bring everybody together," Macdonald said. "Everybody's so happy. Everybody's just had a wonderful time. You see the ice cream line. The band's been fantastic. And so we're just really glad to be a part of the community."
Local organizations are increasingly relying on social media to announce their events and other important announcements without putting out a press release.
Adam Troy Shipwash, 44, of West Main Street, Batavia, is charged with possession of dangerous contraband in prison 1st, possession of contraband while in prison 2nd, attempted criminal contempt 2nd, and criminal possession of a controlled substance 7th. In connection with an incident reported at 9:20 am.. on June 26, Shipwash was arrested that afternoon. Full details of the events that led to his arrest were not provided, except that he is accused of possession of a controlled substance while in the Genesee County Jail and that he attempted to contact a protected party. He was arraigned on June 27.
Allyson Paige Lawrence, 29, of Minnick Road, Lockport, is charged with petit larceny and conspiracy 6th. Lawrence and Warren Thomas Cotton and Paige were located behind the strip mall at 4133 Veterans Memorial Drive, Batavia, by Deputy Jeremy McClellan at 11:40 p.m. on June 10 and allegedly found with unopened merchandise in a Walmart cart. When the subjects saw a patrol vehicle approaching, the two people started walking away. Both subjects reportedly tried to avoid the deputy and disobeyed lawful orders to stop. The subjects were detained. Upon investigation, Lawrence and Cotton were charged with petit larceny and accused of shoplifting from Walmart.
Martin James Dolivo, 66, of English Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, drinking alcohol in a motor vehicle, and moving from lane unsafely. Dolivo was allegedly involved in a motor vehicle accident at 7:31 p.m. on June 29 on Vallance Road, Le Roy. The accident was investigated by Deputy Zachary Hoy and Deputy Jonathan Dimming. Dolivo was released on appearance tickets.
Lisa Ann Strong, 41, of West Proverbers Court, Lecanto, Fla., is charged with trespass. Strong was arrested for allegedly entering private property on West Main Street Road, Batavia, after being barred from the property. She was issued an appearance ticket.
Alec R. Posa-Whittington, 24, of Briarwood Terrace, Batavia, is charged with criminal mischief 4th, unlawful imprisonment 2nd, and harassment 2nd. Posa-Whittington is accused of preventing a person from leaving a residence and from placing a call to 9-1-1 during a disturbance on Briarwood Terrace, Batavia, at 4:12 a.m. on June 29. Posa-Whittington is also accused of making unwanted physical contact with the person. Posa-Whittington was held for arraignment.
A Batavia man faces felony charges after engaging in police in a two-hour standoff at an apartment building on Friday on South Main Street in Batavia.
Martin F. Jones, 53, is charged with burglary in the second degree, menacing in the third degree, and harassment in the second degree.
Following his arrest, he was arraigned in City Court and ordered held pending his next court appearance.
The incident began around noon when a caller reported that a man was attempted a break-in at 11 South Main St.
The caller stated the man was in possession of a gun and had threatened the caller following an earlier argument.
When officers from Batavia PD arrived, they learned the suspect had retreated into another apartment and threatened use of an "AK."
The other tenants of the complex were evacuated while officers attempted to contact the suspect.
Residents in the area who were unable to leave were advised to shelter in place.
South Main between Oak Street and the footbridge was closed to traffic.
The suspect refused to cooperate with officers.
Batavia officers were assisted by deputies and troopers.
The Crisis Negotiations Team from Batavia PD was able to make contact with the suspect. The suspect surrendered about two hours later without further incident.
Jones was taken into custody and processed on the listed charges.
