Skip to main content

Stories from

Photo: National Grid replacing burned-out lights in time for trick-or-treaters

By Howard B. Owens
national grid light replacement
Two members of a National Grid crew complete a street light replacement on Tuesday morning at Maple Street and Ganson Avenue in the City of Batavia. 
Photo by Howard Owens

Recently, there have been complaints on social media about residential street lights being out.  This morning, The Batavian came across a National Grid crew replacing a light at Maple Street and Ganson Avenue in the City of Batavia.

A crew member said they are replacing all burned-out lights in the city in time for trick-or-treat.  At least all they know about -- in this case, today, that's 11. 

They only know about a light that needs replacing, he said, if a resident calls in a burned-out light. There are no crews driving around at night looking for burned-out lights, and there is no computer system to inform National Grid of burned-out lights. 

He said last week, he was working on a reported 32 lights out in the city. At one stop, a resident asked him if he was going to replace the light "around the corner."  He told the resident it wasn't on the list.  "Did you call it in?"  The resident thought National Grid should already know about it.  Again, National Grid only knows if a resident calls it in.  

The number to call is the company number on your National Grid bill.  

He also said he recently replaced a light on Jackson Street that he knew he had replaced a couple of weeks before.  They found a BB-shot hole in the light. 

National Grid is responsible for any street lights on a utility pole.  If it's not on a utility pole, and it's within the City of Batavia, it is probably the responsibility of the city.

Bethany resident who loves Halloween invites public to haunted house and graveyard trail

By Howard B. Owens
bethany haunted house

The fact that Jennifer Cobb's birthday and Halloween fall so close together may be why she has such an affinity for the holiday, Cobb conceded during a tour of the haunted house she, her husband, and children created on their property in Bethany.

"My mom always kind of combined them," she said.

For one of her birthdays in her 20s, her mom bought her a casket.  

"Every year since I was a little kid, I've enjoyed Halloween," Cobb said. "I've always done big, extravagant things. This year, I decided to go super, super big. In the years past, I've built haunted houses out of my parent's garage and let the public in. I was on the news for that in Buffalo. Then we moved out here and did big huge parties, but I'm like, 'nobody's gonna come out here.' It's too much of a drive, and then we were like, we'll give it a shot, and I hope it's gonna be good. So we'll see. But I love Halloween. I love to scare people."

Her birthday is five days before Halloween.

If you visit the Leising Manor and Graveyard, you will start in the house's dining room, where you will gaze upon a rather macabre dining scene, then you will walk through a haunted kitchen and into the expansive back yard into the trails in the woods where you will find ghouls, goblins, witches, ghosts, cadavers and skeletons among the graveyards scattered among the trees.  

Asked why she likes Halloween, Cobb said, "I don't know. I think it's just because it takes people out of their element. Sometimes it makes them really question, 'What drives me, what scares me, what are my fears?' I don't know. I like the gore and the creativity of it. It means something to everybody different. It's just one of them things that you don't have to be a certain religion to like Halloween. You can just like it, you can be young, or old. It doesn't matter. There's no age limit."

The attraction is free, but Cobb said she is asking for donations.

"I'm trying to raise money for a friend who just recently had a fire and lost everything in the fire," she said.

The haunted house is open from 6 to 9 p.m. Sunday, Monday and on Halloween, which is Tuesday.  If it rains, Cobb said, "we'll make the best of it."  The address is 9772 Bethany Center Road, East Bethany.

Photos by Howard Owens

bethany haunted house
bethany haunted house
bethany haunted house
bethany haunted house
bethany haunted house
bethany haunted house
bethany haunted house

Photos: Saturday's Downtown trick or treat

By Howard B. Owens
DOWNTOWN trick or treat 2023

Trick-or-treaters were able to visit 28 Downtown businesses on Saturday in an event organized by Michael Marsh of Edward Jones, and  all participating businesses purchased their own candy.

Photos by Howard Owens

DOWNTOWN trick or treat 2023

 

DOWNTOWN trick or treat 2023
DOWNTOWN trick or treat 2023
DOWNTOWN trick or treat 2023
DOWNTOWN trick or treat 2023
DOWNTOWN trick or treat 2023

Byron-Bergen wins second soccer title of the weekend, as boys beat ER 1-0

By Howard B. Owens
byron-bergen vs. east rochester soccer

Byron-Bergen soccer fans are now celebrating two sectional championships in the same weekend after the boys team defeated #1 seed East Rochester 1-0 for the Class C2 crown.

The lone goal was fired in by forward Jack Farner, with an assist from Colin Martin, in the third minute of the game. Martin MacConnell, along with the Bees defense, held the Bombers scoreless the rest of the match.

On Friday, the girls' team beat Keshequa 4-3 in overtime to the Class C2 title.

Coach Ken Rogoyski said, "The last time that the boys and girls teams were sectional champions in the same year was 2002 (21 years ago).  They also both won in 2001. And before that, in 1981 (21 years prior to the 2002 win).  Coincidentally, the girls tied their match on Friday, sending them into overtime with 21 seconds left in the game."

The Bees, now 16-2-1, will face Cuba-Rushford/Hinsdale on Wednesday night, location TBD.

Photos by Jennifer DiQuattro

byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer
byron-bergen vs. east rochester soccer

 

 

 

Photos: Batavia cheerleaders at sectionals tournament

By Howard B. Owens
batavia high cheerleading

Batavia High School cheerleaders participated in the Class D2 small school sectional tournament on Saturday.

The team did not score enough points to advance to the next round.

Photos by Debra Reilly.

batavia high cheerleading
batavia high cheerleading

Notre Dame wins close Class D quaterfinal against OAE

By Howard B. Owens
notre dame oae football

Jay Antinore had 240 yards passing for Notre Dame on Saturday to help lead the Fighting Irish to a 20-14 win over Oakfield-Alabama in the Class D Section V quarterfinal.

Antinore completed 11 passes in 15 attempts and connected on TD passes to Jaden Sherwood and Chase Antinore, which was 79 yards in the fourth quarter for the game-winner.

On the ground, Antinore gained 33 yards on 10 carries. He scored one touchdown on the ground.

Chase Antinore had three receptions for 110 yards, and Sherwood had four catches for 73 yards. 

On defense, Gabe Castro had 13 tackles, and Scotty McWilliams had 9 1/2.

For the Aggies: 

  • Senior QB/DL Austin Pangrazio - 19 carries, 113 yards, 5-14 passing, 54 yards, one TD
  • Junior RB/LB Avery Watterson - 19 carries, 50 yards, one TD.
  • Senior LB Ashton Bezon - 10 tackles, two forced fumbles, one blocked point-after attempt
  • Junior WR Jack Cianfrini - 15-Yard Receiving TD

Aggie head coach Tyler Winter said,  "With everything this team has had to endure this season, I couldn't be more proud of the way they fought to the very last minute.  You could write a book on the adversity they were dealt this fall.  They handled themselves with class and integrity amidst it all.  The sting of defeat hurts right now, but they will be better young men in the long haul because of it all." 

Notre Dame, seeded #5, next faces #1 seed York/Pavilion, time and date to be determined.

notre dame oae football
notre dame oae football
notre dame oae football
notre dame oae football
notre dame oae football
notre dame oae football

Parolee with lengthy criminal record accused of multiple vehicle thefts in the county

By Howard B. Owens
edward Ruckdeschel
Edward Ruckdeschel

A parolee with a lengthy criminal history is in custody following a string of car thefts in Genesee County.

Edward G. Ruckdeschel, 61, of Batavia, is charged with two counts of grand larceny in the third degree and two counts of grand larcenhy in the fourth degree, and could face more changes, according to the Sheriff's Office.

During a lengthy investigation, "several" stolen vehicles were located throughout Genesee County and surrounding areas.

The investigation was conducted by road patrols and criminal investigation divisions with the assistance of the State Police and the Orleans County Sheriff's Office.

Ruckdeschel available criminal record goes back to 1986 when he was arrested in Monroe County and sent to prison, convictions for criminal possession of stolen property 2nd and criminal possession of stolen property first.

In 1997, he was imprisoned for criminal mischief in the third degree and burglary in the third degree.

In 2000 he was sent to prison again on a conviction in Cayuga County for grand larceny in the fourth degree.

In 2006, in Oneida County, burglary in the third degree.

In 2011, criminal possession of stolen property in the third degree and criminal possession of stolen property in the fourth degree.

In 2017, unauthorized use of a motor vehicle in the second degree.

His first conviction to lead to prison time in Genesee County was in 2020 for grand larceny in the fourth degree, auto theft, and grand larceny in the third degree.

Ruckdeschel was arraigned and jailed without bail.

The Sheriff's Office said the investigation is ongoing and Ruckdeschel faces several additional charges.

Byron-Bergen overcomes late deficit to win Girls Soccer sectional title in OT

By Howard B. Owens
byron bergen sectional title game 2023
Byron-Bergen players and fans celebrate their 2023 Class C2 sectional title.
Photo by Howard Owens.

Soccer is another game of inches. It's also a game of seconds.

As the clock wound down on Friday night at Gates-Chili, with Byron-Bergen trailing 3-2 in the Girls Soccer Class C2 championship game, a Keshequa Indians player knocked the ball out of the end of the pitch. That made the next play a corner kick. If the ball had gone out of bounds a few more inches to the left, Byron-Beren would have had a throw-in from the side of the field.

On the corner kick, Grace Diquattro struck the ball perfectly, a high, curving shot that Keshequa's keeper managed to touch but not stop as it sailed over her head. 

Tie score with 21 seconds left in the regulation time.

It was Diquattro's second goal of the game. 

Byron-Bergen won 4-3 on a goal by Makenzie Hagen, assisted by Diquattro, during the fifth minute of overtime.

"The defense had pushed over a lot," said Hagen after the game. "There was a big gap for me to get in, so I called for it, and Grace passed, and we were good to go."

The Indians, the #3 seed entering the tournament, were crushed, while the Bees. #4, celebrated their comeback win near the Keshequa goal.

The win was a special moment for Hagen.

"It's been a crazy experience," she said. "Our team has worked so hard through the seasons to get here and I'm just so proud of us."

The Bees struck first late in the first half on a goal by Mia Gray, with an assist by Diquattro, but Keshequa fired back within two minutes to tie the score at 1-1, which is how the half ended.

In the second half, Diquattro scored her first goal of the game to give Byron-Bergen a 2-1 lead. That goal, too, was a matter of inches, hitting the crossbar before dropping within the area of the goal to count as a score.  

But once again, Keshequa answered. This time in about 20 seconds.

Then came Keshequa's third goal. With about four minutes left in the game, Ava Thayer got past the Byron-Bergen defense in space and had a fairly open shot at goal. She didn't miss.

Often in soccer, a one-goal lead is as good as a win with so little time left on the clock.

That's when those precious inches and seconds became so important, and Diquattro became the hero of the moment.

"There's always a bit of luck, right?" said Coach Wayne Hill. "We had luck to score (taking a 2-1 lead). They had luck to come right back down in 20 seconds and score on us right back. They took the lead. I mean, that corner kick was only a corner kick by like three inches. Otherwise, it was a throw, and we've been sunk. So by the grace of God, we got a corner kick. And we scored the tie, and then just the overtime was fantastic."

While it feels great to win in overtime, Hill said he also understands what it's like to be on the other side.

"I was just happy that they fought back and got the tie," Hill said. "That's the best part of overtime, winning. But you always feel horrible for the team that loses in overtime because they deserve to win too. It's a sad, gut-wrenching experience."

Byron-Bergen will next play C1's #1 seed, Holley, at Cal-Mum on either Wednesday or Thursday.

For more photos and to purchase prints, click here.

byron bergen sectional title game 2023
Grace Diquattro kicking the first of her two goals.
Photo by Howard Owens.
byron bergen sectional title game 2023
Ava Thayer with the goal to put the Indians up 3-2 late in the second half.
Photo by Howard Owens.
byron bergen sectional title game 2023
A save for Byron-Bergen's keeper.
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Photo by Howard Owens.
byron bergen sectional title game 2023
Makenzie Hagen and Mia Gray celebrate Hagen's winning goal in overtime.
Photo by Howard Owens.

Opinion: Addressing Investigative Post's glass house

By Howard B. Owens
Batavia Downs 2022
File Photo by Howard Owens

This is from a recent edition of an email newsletter published by Investigative Post.

The Batavian has drawn a fair amount of attention over the years for being a successful online, for-profit news organization. What’s been left unsaid is its practice of writing favorable stories about its sponsors and advertisers, in particular, the Western Regional Off-Track Betting Corp. Owner Howard Owens was at it again the week before last, penning another story that echoed the OTB party line (sic on the link)

The Post is a Buffalo-based startup news not-for-profit that doesn't attempt to offer its community complete and comprehensive coverage but rather to cherry-pick the stories it chooses to write.

The publication has been on my radar for a while for its sensationalistic, often incomplete reporting.

Now it is attacking me and my publication, and I think that deserves a public response.

Yes, we're for-profit (though, honestly, it's not that much profit, just enough to keep us in business). And I've known plenty in the nonprofit news sector who consider advertising-supported news to be unethical. Throughout my career, going back to 1986, I've come across no shortage of reporters and editors who thought news should be a charity case.

In 2010, I was in Chicago at the first gathering of small, independent online news publishers. Several of the publishers represented start-up nonprofits. At one session, somebody in the middle of the room stood up and said, "Can we all agree right now that advertising is evil."

I responded by saying essentially that advertising support is far superior to the nonprofit model because you have a greater diversity of revenue.  If you're doing it right, no one advertiser is going to be able to hold you hostage.  If the need arises to report something negative about a business, you can do so without fear or favor because if that advertiser cancels its promotions, it's not going to put you out of business.  It likely won't even mean significant cuts in expenditures.  No layoffs. No furloughs. Nobody is hurt.

That diversity of revenue gives us a lot of freedom to report what is factual and honest without succumbing to threats. 

I don't give in to blackmail.

For example, by a hard-and-fast policy, we run all arrest reports without favoritism.  I've written up arrests of good friends, people I know well and respect. I've had volunteer firefighters, who I have a soft spot for, call me and ask me not to run their arrests. There's no shortage of people calling and asking that we just make this one exception this one time.

But it would be unfair to all the people I don't know, the people who have no connections or advantages or even think to call, to play favorites.  We run all arrests we receive from local law enforcement. Period. No exceptions. That has cost us money and hard feelings, no doubt.

Over the past 15 years, three business owners have been arrested (that I know of).  In the first case, the advertiser had -- the week before he was arrested -- said he wanted to double his spending with us.  The day after we ran news of his arrest, he canceled his ad.  He's never advertised with us again.  In the second case, the business owner called a staff member and rudely and profanely canceled her ad.  In the third case, a friend of the advertiser called me and warned me about running his arrest report. This business owner was a top-tier advertiser.  We ran his arrest report the following week when we received it, and he canceled his ad and hasn't run with us since, nor will he again as long as I own The Batavian.

In another case, we ran a story about a local organization that mentioned a newsworthy faux pas by the director.  The next time we called for an ad, she said no, citing our previous story.  

Look, if an ad buyer has some business reason for not advertising with us and we can't convince that person about why they're wrong, it's the ad buyer's right not to buy an ad from us. But when a buyer tries to blackmail our coverage, that's a line ad buyers are not allowed to cross, as I made clear to this particular ad buyer. We don't change the course of an article to please an advertiser; that's what journalistic integrity is all about.

Batavia Downs
Yes, there's no hiding the fact that Batavia Downs is a major advertiser.  And yes, we put effort into covering most of the Downs' good news stories (Wiener Dog races, donations, concerts, etc.). Some of this stuff is just fun to cover.  And being a comprehensive local news publication, or at least trying, we cover positive events as well as news that is less than favorable to people and places.  A news outlet that isn't covering what is good in a community is not serving the community. It's a drain on the community if all the news is negative and sensational, something the folks at Investigative Post clearly don't understand.

I don't think positive stories about local businesses are a bad thing. They are not unethical. Investigative Post seems to disagree, based on the statement above.  We cover a lot of business openings.  We celebrate significant business anniversaries and expansions.  We make it to as many ribbon cuttings as we can.  I think successful small businesses are critical to a healthy local community (one of my major complaints about not-for-profit news outlets is they often ignore their locally owned shops, which ill-serves their communities). You will never see positive coverage of locally owned businesses in the Post because, you know, "advertising is evil," which means small business owners don't matter to the "serious journalist."

As for Batavia Downs and what it means to The Batavian: If Western OTB canceled all spending with us, yes, it would hurt. It would hurt a lot. I'd probably cry. But it wouldn't put us out of business, not with our diversified revenue streams (something Early Access Pass is slowly helping with, as well, so please join). If that happened, we would cut back on some spending but nothing that would hurt our employees.

Our main reporter for Western OTB is Mike Pettinella.  He's a freelancer, which is ideal in this circumstance because, in accordance with state employment law, I have limited ability to direct his work.  He chooses his own stories for the most part (I can suggest stories), and he chooses how to cover them. Investigative Post is making it sound like I cover Western OTB, but I've only ever been to two meetings of the board, and I've done only one significant story about the organization's legal issues. This is by design. I recognize that Batavia Downs is a major advertiser.  When Mike is available to cover OTB, his coverage provides a degree of separation between me and that business interest.

Mike is an experienced and professional reporter.  He does something that the folks at Investigative Post often fail to do -- he makes sure all sides are represented.  He doesn't cherry-pick. He doesn't sensationalize.  He just reports the story straight.

It seems the folks at IP think we toe the "OTB party line" (itself a loaded phrase that betrays the Post's bias).  No, we just ask Henry Wojtaszek questions and are careful not to misquote him or misrepresent him. Apparently, the folks at IP equate telling a balanced story, letting both sides have their say, with biased coverage. That tells us something about their mindset. Being fair is biased when your view is already made up about a person or entity. 

It's almost like they want to try and cower another publication from calling into question their shoddy reporting.

Take, for example, their latest report on Western OTB's legal fees.

OTB shells out millions for lawyers and lobbyists

The basic presumption of the article is biased, that Western OTB isn't entitled to respond to legal challenges.

Legal challenges that were largely created by the past sensationalistic reporting by IP on Batavia Downs, a fact IP pretty much admits to:

Investigative Post used 2018 as a benchmark for spending on lawyers and lobbyists because OTB operated in relative obscurity until Investigative Post began reporting on its problems that December.

Investigative Post considers mistakes and oversights to be "problems," implying misdeeds in the context of the story.  More bias.

An old journalist's trick to justify reporting on something you think should be scandalous is to find somebody to criticize it without full transparency about the source's agenda or finding a way to balance his or her opinion.  IP has those sources, an Erie County elected official with a political agenda and a former disgruntled OTB executive.  Not that there is anything wrong with giving those people a platform to speak their minds, but knowing up front that they are biased against the target of a story, a fair so-called investigative reporter would seek out sources who might have a different point of view, particularly the chief spokesperson for the agency in question, in this case, Henry Wojtaszek.  Of course, Wojtaszek refused to comment on this particular story, but who can blame him, given the IP's history of sensationalizing its coverage of OTB?  But surely, the reporter, J. Dale Shoemaker, could have found another legal expert to address the issue that would balance the story, perhaps noting that these expenses are not out of line given what OTB has had to deal with since December 2018.

We now know that Shoemaker could have called City of Rochester OTB representative Dennis Basset for a less sensationalistic take on the legal expenditures, though one suspects that Shoemaker didn't much like Bassett's response to his questions following Thursday's OTB meeting. There are surely other board members who support Wojtaszek who would have shared their views on the matter.

Then there is this quote from Mike Nolan, the former OTB employee, that is presented naked of any meaningful context. 

“As a former chief operating officer, the costs that you’re speaking to seem to be extraordinarily high from what they were in years past,” he said.

Well, of course, costs have gone up since Nolan left.  He's one of the reasons for higher legal costs since he filed a lawsuit against Western OTB alleging wrongful termination.  And since he's left, there have been other questionable attacks on Western OTB that officials there feel the need to defend.  Why is it surprising that the agency's legal costs have gone up? And isn't it the right of OTB leadership to defend themselves against what they see as unfair and legally misguided attacks?

Here's their most significant 2018 story reported by IP:

OTB’s part-time board enjoys gold-plated perks

This started the ball rolling on the accusation that the OTB board has illegally or improperly provided itself health care insurance.  In the one story I've written on this topic because Mike Pettinella wasn't available, Wojtaszek explained how this issue has been misrepresented. The interview was in response to a now-dismissed lawsuit by George Maziarz (who was represented by another Erie County Democratic politician, Nate McMurray). (It's worth mentioning that this story gave Maziarz his say and allowed Wojtaszek space to respond -- fair and balanced reporting, as it should be done).

As for health insurance for board members, Western OTB has attorneys working on the issue.  The agency does not agree that board members can't receive health insurance coverage.  

While Maziarz says that the Comptroller's Office and a legal firm hired by Western OTB say the practice is illegal, the issue doesn't appear to be that cut and dry. There is an older Comptroller's opinion that says the practice is permissible.  The memo on the topic, prepared by attorneys Gabriel M. Nugent and Robert J. Thorpe for the board, cites the 1978 opinion as well as the later opinion and suggests board members no longer accept health insurance.  It doesn't, as Maziarz claims, call the practice illegal.  

Health insurance, Wojtaszek said, is justified because pretty much every other public benefit corporation in the state offers it, and Batavia Downs operates in a very competitive environment and needs to attract and retain the most qualified board members. 

The other issue addressed by Wojtaszek is the allegations first raised by IP and echoed in the Maziarz suit is the use of free tickets to sporting events.

Batavia Downs acquires tickets as perks for high rollers and special guests, Wojtaszek said.  A host from Batavia Downs typically accompanies these guests to the events. The role of the host is to ensure things go smoothly that people get their tickets, get into the venue, receive the service expected for the event, and that the host takes care of any issues that arise.

"Previously, if you were host, we provided a ticket to the host and then the host was allowed to bring a guest with them," Wojtaszek said. "At that point, they may have brought somebody from a wife, a husband, a son, or a daughter with them. We have since corrected that. Subsequent to the recommendation from the compliance company, it's just a host who takes care of whatever event, hockey game, football game, concert, and I think we're doing it properly now."

He said that the accusation that board members could just casually ask for tickets to Bills or Sabres games at board meetings and receive them misrepresents what actually took place. He said anybody, including board members, could ask for tickets on behalf of patrons of Batavia Downs.  They were not, he said, asking for themselves and friends and family.  However, to help improve the procedure, all requests must now be in writing and clearly state who is receiving the tickets. 

There were about 100 tickets unaccounted for, not the thousands previously alleged.

Balanced Coverage
These are just two examples where the Investigative Post has sensationalized stories and misrepresented the truth. If you search the Post's website for "Batavia Downs," you will find four pages of sensationalized headlines and stories, a regular drum beat of negative story angles. What you won't find are stories about record revenue, about Democratic board members backing Wojtaszek's leadership, record distributions to counties, in-depth interviews with Wojtaszek addressing the allegations against him and the board, the Downs' support of area charities, any of its concerts, or its successful Night of Champions.  It seems that anything positive about Batavia Downs would disrupt the flow of IP's "corruption" narrative.

Shoemaker was so eager to push the corruption narrative that he used that loaded word with Bassett in an interview after the board meeting on Thursday.

Clearly, Shoemaker didn't like Bassett's full response to his question because he truncated the key portion of Bassett's quote in his report on the meeting

"I think corruption is a very strong term," he said. "I've been on this board, as I said, 14 years, and I don't see corruption."

The denial of corruption by a Democrat completely upsets the narrative being pushed by the Post, so of course, Shoemaker didn't include it.  Shoemaker's article on the whole overlays and misrepresents Bassett's discussion of "reform."  Overall, Bassett concentrated on how well Western OTB is doing and that it is important to stay focused on the business of the operation and its success and not be distracted by politics.

Shoemaker also left out Bassett's statements about changes and reforms already undertaken, instead focusing on potential further "reforms."  Again, it would disturb the narrative to report that Wojtaszek and the board have actively responded to criticism and made changes.

If your news business model is to always attack and criticize without ever recognizing the good in people or institutions, then that's a flawed business model. As long as Investigative Post maintains that business model, all it will do is hurt its credibility with fair-minded people while partisans cheer them on, giving them the illusion that they're doing everything right.

It's worth noting that nobody yet, not even the Post, has turned up any evidence of corruption.  Mistakes, yes, as Wojtaszek has owned up to, which IP hasn't reported. Throughout five years of constant badgering by IP and others, no illegal activity has been identified.  Yes, there is an FBI investigation (which is helping drive up OTB's legal costs), but that has been ongoing for years -- apparently, but the FBI never confirms anything -- and an investigation is not proof of illegal activity. Yet IP throws around the word "corruption" often enough to convince me that the folks there clearly believe OTB is corrupt.  In old-school journalism, we call that kind of belief "bias." 

GCEDC
Based on a prior email conversation with Shoemaker, the folks at Investigative Post also seem to think we pander to GCEDC because GCEDC bought some ads from us.  Yes, GCEDC this year -- for the first time -- placed some ads with The Batavian.  The entire expenditure is less than one percent of this year's revenue. Yet Shoemaker called into question my ethics. He was ticked that I wouldn't grant him an interview about the ad buy.  Why? Because I don't trust the Investigative Post, which I made clear to him.

We've had no issue in the past reporting stories that are unfavorable to GCEDC's agenda. Most notably, we brought attention to GCEDC's plans to use tax incentives for remodeling at Batavia Towne Center. Those design changes would eventually, as expected, lure Dick's Sporting Goods to Batavia. Tax incentives to support retail businesses are a questionable use of an IDA's power since locally owned businesses can be damaged.  In fact, both businesses mentioned in the story above are now out of business.  I know for a fact that our stories did not please, to put it mildly, the folks over at GCEDC.

Tainted Money
So let's return to the for-profit vs. not-for-profit debate.  

I've encountered the arrogance of nonprofit publishers many times over the past 15 years. They think that because they are not driven by profit in capitalist terms, their motivations are pristine.  And that is their blind spot.  All news organizations need to bring in more revenue than they spend and set some aside for inevitable revenue shortfalls when business cycles take a dive, as financial disclosures show Investigative Post does.

Here's the thing though: All money is tainted in some way. The need to raise money to fund journalism doesn't isolate the publication's leaders from pressure to shade coverage. It doesn't matter if you operate with a profit motive or without.  As Bob Dylan sang, "You've got to serve somebody."  

If you rely on advertising, you might be tempted to bend to an advertiser's will (though, as I explain above, this is less likely, but I have seen it happen).  If all of your revenue comes from readers, either through subscriptions or memberships, then you will be more likely to cater to the will of the readers, who don't always see the full picture or have a balanced view of the world. For example, if you're a publisher in a largely progressive Democratic community, you're going to be hard-pressed to publish stories that run against that orthodoxy.  If nothing else, you'll be less welcome at swank cocktail parties. And, finally, if all your revenue comes from donors, you're going to be beholden to your largest donors.  

If most of your donors are institutional -- meaning big annual grants -- you're only going to get grants if your operations conform to the foundation's political ideology if they have one, and in my experience, many do, either left or right, because that's why they get into the business of handing out money -- to push agendas.

Investigative Post reported $434,875 in donations in 2022. Jim Heaney, the founder, editor and executive director, was paid more than $70,000. That isn't exorbitant for his leadership position, but clearly, he needs the Investigative Post to be successful if he wants to continue earning that salary in an era when good-paying journalism jobs are hard to come by.

The Post lists among its major donors some fairly progressive, left-leaning funders, such as the Wallace Global Fund, the Rowboat Family Foundation, and the Knight Foundation (this might surprise some, but I have personal experience dealing with that foundation's agenda-driven contributions in another organization where I served on the board).

These potential ties to Democratic donors, and the need to pander to mostly Democratic Erie County, are important to think about because the reporting of the Post has helped lead the the disenfranchisement of the rural counties that are members of the OTB board of directors.  Earlier this year, Democratic State Sen. Tim Kennedy of Buffalo pushed through legislation that weighted the OTB board voting in favor of the Democratic-dominated counties of Monroe, Niagara and Erie. 

For the Investigative Post, mission accomplished, perhaps. The problem is the current board seems to favor Monroe County's Bassett, who seems to support Wojtaszek, as its new chair, with one notable exception. Erie County's board member Jennifer Hibit blocked Bassett's appointment to chair. 

Isn't it interesting that an Erie County Democrat, Sen. Kennedy, wrote legislation to put enough power in the hands of Erie County's Democrats that one OTB member can thwart the will of the rest of the board, including non-Erie County Democrats? A more cynical and conspiracy-minded person (and I hate conspiracy theories) would suspect that Erie County Democrats, aided and abetted by the Investigative Post, are trying to angle to gobble up more of the revenue generated by Batavia Downs.  Legally that might be difficult, but way less difficult for Erie County Democrats to pull off is selling Batavia Downs to the Seneca Nation or the politically connected Delaware North (where Gov. Kathy Hochul's husband works UPDATE: A couple of days after publication I was informed Bill Hochul recently left Delaware North). Don't be surprised if there is pressure from the governor's office on Monroe County to remove Bassett from the OTB board. Would Heany and Shoemaker call that corruption? 

And don't expect the Investigative Post to question the motives of the Democratic Party when it comes to Western OTB.

Savarino and Elliott Station
If the Post isn't just about pushing a political agenda and really, truly, about investigating questionable conduct, why hasn't it written anything about Sam Savarino and Savarino Companies? 

Savarino is one of Buffalo's most prominent developers and has been involved in multiple projects supported by taxpayer dollars, which is normally just the kind of target the Post likes.

As The Batavian has pretty much exclusively reported -- Ellicott Station was sold to the community first as market-rate housing, then as workforce housing, only to find out it was really intended to be very low-income housing with subsidized rents. The Investigative Post has called into question our relationship with GCEDC, but that reporting by Joanne Beck led to a less-than-pleasant phone call from a GCEDC official.  Of course, we knew our reporting would upset some people locally, but we did it anyway because it was the right thing to do.

Since then, Savarino Companies has gone out of business. The result, apparently, of questionable dealings with Alfred State and New York State, leaving, we're told, multiple projects incomplete, including Ellicott Station.

This is surely a situation that begs for more investigative reporting. We're doing our best to push hard on the Ellicott Station issue, the only news organization to do so, even though we must rock some boats in the process, but we don't have the resources to commit to a major investigative project. A developer of Savarino's history certainly has a deep and long paper trail an investigative reporter could explore. I would love to do it, but I wouldn't be able to cover soccer and basketball games, school board meetings, planning board meetings, town board meetings, community events, and other such news that I'm sure Heany finds beneath his dignity.  All my time would be taken up by digging through Savarino documents and ferreting out sources.

Meanwhile, the Investigative Post is generating substantially more revenue than we are, has a much larger staff with only one charge -- digging up dirt -- and they're letting Sam Savarino off the hook.  Why?

My only guess is it has something to do with Savarino being a major contributor to Investigative Post and sitting on the board of directors.

Talk about a conflict of interest for Heaney. He's living in quite the glass house, but he wants to throw stones at me.

Pembroke supervisor sees the need for 96-unit apartment complex, but zoning code should be reviewed

By Howard B. Owens

Pembroke Town Supervisor Thomas Schneider Jr. is well aware of social media comments in opposition to a planned apartment complex on Route 77 and understands people's concerns, he says.

But he hasn't received a lot of direct contact from opponents at Town Hall. 

"We do hear the concerns," Schneider said after Thursday's board meeting. "One thing is the zoning has been in place since 1991. We've been working under the same zoning. I know it's sometimes hard for people to be informed, but if you don't know what's in your zoning, you can't be shocked when something comes in that's allowed in the zoning with a special use permit or buy right."

The project is approved. The Town Planning Board approved it on Sept. 27.  On Thursday, GCEDC approved an incentive package for the project.  There's no amount of opposition that can stop it now.

But even if there had been greater opposition before the approvals, mere opposition from community residents isn't enough to stop a development that meets all the legal requirements to be built at a specific location.

"According to state law, you shouldn't turn it down just because public opinion is 'we don't want it,'" Schneider said. "There should be a justifiable reason, an evidence-based reason, to turn it down."

Developer Mike Schmidt of Alden is planning to build four buildings over four phases at 8900 Alleghany Road. Each phase consists of a building with eight one-bedroom and 16 two-bedroom units, totaling 96 market-rate units, with 168 parking spaces along with garages.

Schmidt is planning on investigating $15 million in the project.

GCEDC on Thursday approved a sales tax exemption estimated at $739,200, a property tax abatement estimated at $2,020,688, and a mortgage tax exemption estimated at $130,000.

Schneider said he personally supports the project.

"My personal feeling on the whole thing is, as a former school board member, there are people who want to be in our district," Schneider said.  "Our district does need kids in the district to help it survive."

He said he has met with Schmidt, and he believes Schmidt will do what he says he's going to do.

"I think he's a man of his word," Schneider said. "I don't see him as wanting to have subsidized housing (meaning HUD aid to tenants). The EDC said they're gonna pull the incentives if it is subsidized, so I am not concerned about it. I think there's a lot of change going on in the town this year that has people a little squeamish, but we need to grow."

Growth is part of the town's approved Comprehensive Plan, he said.

"I think that's the direction of the town board's past and present," Schneider said. "The comp plan in the town says (routes) 5 and 77 and 33 should have more intensive type of commercial build-outs."

The project did raise some issues with current zoning, Schneider noted during the meeting, and he's proposing the town work on making some changes to the zoning code with a moratorium on some development until the changes are approved, which could take about a year to get through the legal process.

One example he used of an area to be addressed is bus access to an apartment complex site. 

"Things like that we can actually write into the zoning law," Schneider said. "That really takes it out of the hands of the planning board or, (not having) them having a struggle with what type of stipulations to put in the (approval). Let's spell it out."

He stressed he is not proposing a complete ban on anything.

A vehicle into a house accident reported in Le Roy

By Howard B. Owens

A vehicle has reportedly crashed into a house at 7824 South Lake Road, Le Roy.

No word on injuries.

Le Roy Fire, Le Roy Ambulance, and Mercy EMS dispatched.

UPDATE 5:23 p.m.: A chief on scene reports the vehicle struck a porch and not the house.  Bergen had also been dispatched and is now back in service.

UPDATE 5:26 p.m.: No injuries.

Downtown trick-or-treat back again on Saturday

By Howard B. Owens

Last year's successful Downtown trick-or-treat is returning to the business district again on Saturday.

Organized by Michael Marsh of Edward Jones and sponsored by YNGodess, this is the second year in a row that children have been invited to get into their Halloween costumes and visit participating local businesses for tricks or treats (probably treats).

The event runs from 1 to 3 p.m.

Trick-or-Treat Stops:

  • Edward Jones
  • Adam Miller Toy & Bicycle
  • YNGodess
  • My Cut Barbershop
  • Valle Jewelers
  • HUNT Real Estate ERA
  • Creamy Creation
  • GOArt!
  • Eli Fish Brewing Company
  • Center Street Smokehouse
  • Bourbon & Burger Co.
  • Charles Men's Shop
  • The Coffee Press
  • Cinquino's Pizza
  • Eden Café
  • Roman's
  • Geico Batavia – Zachary Korzelius
  • The Spa at Artemis
  • Iburi Photography
  • Batavia Bootery
  • WBTA Radio
  • Main St Pizza Company
  • O'Lacy's Irish Pub
  • Foxprowl Collectables

The following are in/around the City Centre:

  • Main St 56 Theater – City Centre
  • Releve Dancewear Boutique – City Centre
  • LeBeau Salon – City Centre
  • Everybody Eats – City Centre

Remember to Trick or Treat responsibly, organizers remind families.

Pembroke considering small solar project in woods at back of Town Park

By Howard B. Owens
pembroke town park solar

The Town of Pembroke is considering the construction of a 25,000-square-foot solar farm on land at the back of Town Park.

The location is behind and to the east of the 18-hole disc golf course and would not be visible to visitors of the park.

The solar farm would be built by Buffalo Solar, based in Depew.

"It's basically a small-scale solar project that would basically cover the electricity usage of the town buildings, and then provide a little bit of revenue stream from it," said Supervisor Thomas Schneider, Jr.

"NYSERDA has been pushing towns and villages to do these projects that helps offset the power," Schneider said. "It would save us between $12,000 and $15,000 a year on our electric bills and then generate a little bit of revenue on the side. It's proposed in the section of Town Park that is just wooded and is not likely to be developed, honestly, ever."

Grain bin fire reported in Byron

By Howard B. Owens

A grain bin fire is reported at 6902 Ivison Road, Byron.

Byron and South Byron fire departments dispatched, along with Bergen's ladder truck and an engine from Elba.

Pembroke supervisor knocks county's sales tax share while trying to balance 2024 budget

By Howard B. Owens

A 2018 decision by the Genesee County Legislature to reduce the amount of sales tax shared with other municipalities in the county is making it harder and harder for the Town of Pembroke to meet its financial obligations, said Supervisor Thomas Schneider, Jr.

The town board reviewed the proposed 2024 budget on Wednesday, scheduling a vote for its Nov. 9 meeting on the proposed spending plan, which doesn't raise taxes, but it does raise the tax levy over the state's allowed two percent.

On Wednesday, the board voted to override the tax cap.

The proposed levy is $410,000, which is $30,000 higher than in 2023.

The larger levy is due to the increased assessed value of property in the Town of Pembroke.

"The county cut us out of the sales tax agreement, like they did five, six years ago, which is why every town is struggling the same as we are with funding now," Schneider said.  "We were blessed not to have a town tax for all those many years that we didn't have a town tax. Other towns were still getting the county sales tax money and still had town taxes on top of that."

The proposed budget is $2,621,299.

Schneider said that's the bare minimum needed to keep the town operational. At the same time, the Town is looking at the need to spend $6 million to replace the highway garage.

The money has to come from somewhere, Schneider said.  They've looked at increasing building permit fees, and fees have grown because of increased development, and some of that revenue has been shifted to the general fund.  But it's not enough.  The loss of sales tax revenue is really hurting, Schneider said.

He provided that shows that in 2017, the town received $1,322,812 in sales tax from the county.  In 2024, the town will receive $1.06 million.  If not for the cuts, accounting for economic growth, under the old agreement, the town would receive more than $1.7 million.  The difference is a loss of $646,388.

In 2018, the City of Batavia and County reached a new 40-year sales tax agreement, subsequently approved by the state. By law, the county and city must reach a sales tax agreement, but the county is under no obligation to share sales tax with towns and villages.  The towns and villages had no say in the 2018 agreement.

The county shifted sales tax from the towns and villages to help fund a new $60 million jail.

The state levies a four percent sales tax, and the county levies a four percent sales tax, making the local sales tax 8 percent.

From 2004 to 2020, Pembroke had no town property tax. After the new sales tax agreement and the cut in Pembroke's share of sales tax, the town instituted a 50 cents per $1,000 of assessed value property tax. The current tax rate, which will not change in 2024, is $1.20 per thousand of assessed value.

"It's hard to know how much sales tax is generated in the Town of Pembroke, but I'll guarantee it's a hell of a lot more than we're getting between all these truckstops, gas stations and the East Pembroke gas station on the thruway," Schneider said. "We should all share in the benefits of sales tax in this county, and we still do, but not where we would have been if that agreement was never basically deep-sixed all those many years ago."

Photo: Stork and Jim in Elba

By Howard B. Owens
goff halloween stumblin inn elba
This Halloween, Stork and Jim can be found at their old Stumblin' Inn lot bowling.
Photo by Lynn Bezon.

Pembroke voters approve pricey capital improvement spending on schools

By Howard B. Owens

Voters in the Pembroke Central School District on Tuesday overwhelmingly approved two measures that will authorize the district to make more than $37.5 million in improvements to school facilities.

  • Proposition 1 passed 356 yes to 130 no.
  • Proposition 2 passed 269 yes to 208 no.

Here is a summary of what voters approved.

Prop 1: $35,995,000.  No additional tax impact. The local share is $6.8 million and will be covered by capital reserves.  The balance of the spending plan will be covered by state aid and paying off existing debt.

Prop 1 will: 

  • Enhance the auditorium with new house lighting and new theatre lighting 
  • Enhance the band room with acoustics, instrument storage and sink
  • Install a light pole by the band entrance
  • Renovate the pool and construct a spectator seating addition
  • Renovate the existing gymnasium and surrounding corridors
  • Renovate/relocate the locker rooms and fitness centers
  • Regrade baseball field and install proper drainage, with SOD and infield mix
  • Add/reconfigure bleachers at the main athletic field 
  • Repave the teacher lot and  front circle
  • Install a blue light system 
  • Replace PA/phone system
  • Upgrade the business office mechanical equipment 
  • Construct two permanent walls in Classrooms (500 wing)

The plan includes expanding the gym, which will address the current facility's limited seating capacity and eliminate front-row spectators from having their feet on the court during sporting events.  The upgrade will also include installing a divider curtain, adding concessions, and an upgraded scoreboard.

At the elementary school, the playground will be updated. The current playground was installed in 1995 and has lasted longer than expected, according to district documentation.

The district states:

However, the maintenance required to keep it as safe as possible has become more and more challenging over time. At the end of this past school year, we had limited access to the playground. Then, over the summer, our maintenance department made a number of repairs and alterations to address concerns that were identified by a certified playground inspector. As a result of their hard work, the playground is accessible to students this fall, with the understanding that splinters are an ongoing issue. The repairs were only a short-term fix, so it is time to assess how to repair and/or upgrade the playground more significantly to make it last another 25-30 years.

The total cost of Prop 2 is $1,535,000.  The local share is nearly 100 percent of the projected cost. State aid will cover less than one percent.

According to the district, the tax impact breaks down this way:

  • Senior/STAR, $19 ($1.58 a month)
  • Basic STAR, $30 ($2.50 a month)
  • No STAR, $37 ($3.08 a month).

For more details on the projects, click here.

O-A falls short in quest for sectional title in Girls Soccer

By Howard B. Owens
oakfield-alabama girls soccer

Oakfield-Alabama lost Tuesday to Williamson 4-1 in the Class C1 semifinal in Girls Soccer.

The Hornets entered the game as the #3 seed against #2 Williamson.

There is one local team left in the Girls Soccer Sectionals, Byron-Bergen, who will play for the C2 championship on Friday at 7:30 p.m. at Gates-Chili against Keshequa.

Photos by Debra Reilly.

oakfield-alabama girls soccer
oakfield-alabama girls soccer
oakfield-alabama girls soccer

Farner, Martin lead Byron-Bergen to 6-1 win in Boys Soccer semifinal

By Howard B. Owens
jack farner byron bergen
Byron-Bergen's Jack Farner dribbling the ball in the first half of the Class C2 semifinal at Geneseo High School on Wednesday.
Photo by Howard Owens.

There's no doubt that it was a team effort, but Jack Farner was a standout in Byron-Bergen's sectional semifinal win over Addison in Geneseo on Wednesday, scoring four goals.

The Bees won 6-1.

In a regular season match in September, Addison beat Byron-Bergen 3-2 so the Bees went into the game knowing they had to beat a tough opponent if they wanted to advance in the Class C1 tournament. 

"Addison is a very good team," said the Bees' head coach, Kenneth Rogoyski. "The score is not a reflection of the game. Possession was maybe a tiny bit in our favor, but it was pretty even. They played the ball in our half as much as we played the ball in they're half. The score is not a reflection, but rather, we just did better things with the ball. We handled the ball and managed the ball better."

As part of the offensive onslaught, Colin Martin had two goals and two assists, Jesus Aragon, two assists, and Braedyn Chambry, one assist.

"Jack Farner, a junior on our team, had his best game," Rogoyski. "He's been phenomenal this season. And today, he wants to take it to another level."

Farner's success was made possible, Rogoyski noted, by the players around him.

"Every great forward has some great playmakers and we were feeding him some great balls, Rogoyski said. "That's 

every great forward has some great playmakers, and we were feeding him some great balls. That's the credit to our midfielder, Colin (Martin)."

With a record now of 15-2-1, Byron Bergen, the #2 seed, faces East Rochester, the #1 seed, for the sectional title in a match to be played at Avon High School on Saturday at 2 p.m.

"I'm excited," Rogoyski said. "I can't wait. I can't wait for Saturday. It's gonna be tough to have to wait three days. I want to play a doubleheader tonight. We're ready."

For more photos or to purchase prints, click here.

colin martin byron bergen
Midfielder Colin Martin with the kick ... 
Photo by Howard Owens
byron bergen colin martin
... and the score.
Photo by Howard Owens
jack farner byron bergen
Jack Farner
Photo by Howard Owens
Jesus Aragon fights off a defender
Jesus Aragon fights off a challenger for ball control, which he did successfully despite going to the ground twice while also making a couple of clean tackles.
Photo by Howard Owens.
Jesus Aragon fights off a defender
#8 Jack Farner
Photo by Howard Owens.
Martin Mac Connell byron bergen
Keeper Martin Mac Connell with a save (more photos of this sequence in the link above).
Photo by Howard Owens.
byron-bergen
Photo by Howard Owens.

Authentically Local