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Press Release:

The Board of Elections will be open this Saturday, October 26, from 8:30 a.m. to 5 p.m. to accept registration forms.

This is the last day to register to vote in the November election. The office will also be able to assist with absentee requests. Please use the west facing door.

Early Voting begins this Saturday. There will be 9 days of early voting at the ARC Community Center, 38 Woodrow Rd., Batavia. Schedule is as follows:

• Saturday, October 26 from 9 a.m. to 5 p.m.
• Sunday, October 27 from 9 a.m. to 5 p.m.
• Monday, October 28 from 9 a.m. to 5 p.m.
• Tuesday, October 29 from 12 p.m. to 8 p.m.
• Wednesday, October 30 from 12 p.m. to 8 p.m.
• Thursday, October 31 from 9 a.m. to 5 p.m.
• Friday, November 1 from 9 a.m. to 5 p.m.
• Saturday, November 2 from 9 a.m. to 5 p.m.
• Sunday, November 3 from 9 a.m. to 5 p.m.

Press Release:

City-wide leaf collection will begin on November 4  and continue until December 6.

Residents are asked to rake leaves into piles and leave them in the parkway (un-bagged). Please place it close to the curb line/edge of the roadway without putting it in the street. Do not pile around fire hydrants, trees, utility poles, or signposts. Leaf piles should only contain leaves and no branches, grass clippings, or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street. A third crew will work using a vacuum along main roads and numbered routes. It takes about 2 weeks to go through the entire city and fluctuates depending on the size of the leaf loads. 

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season. The Yard Waste hours are 12 to 6 p.m. Monday through Saturday until November 2 and will change to 11 a.m. to 5 p.m. from November 4 through the end of the season due to daylight savings time ending. 

The Yard Waste Station will be closed on November 28 & 29 to honor Thanksgiving and will officially close for the season on December 14.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION: 

• Leaf piles must be clear of sticks and all animal waste – if animal waste or other debris is found in the piles, they will not be picked up 
• Grass clippings, flower pottings, branches, and pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (open through December 14)
• Leaves should not block traffic or be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians.
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding.
• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles.
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire.
• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection.
• If it is snowing, we plow first. If it continues to snow, leaf operations will be suspended.
• There is no leaf pickup in the spring.

Contact the Bureau of Maintenance @ 585-345-6400 option 1 if you have any questions.

Steve Casey, former deputy mayor in Buffalo under Byron Brown, has been appointed chief of staff for Western Regional Off-Track Betting. 

The board approved creation of the position and hiring Casey as part of an executive restructuring plan. 

Casey applied for a job with OTB in May and obtained a part-time job.  He was deputy mayor under Brown, until 2015.  Brown was recently named CEO of OTB.  

Casey is receiving a one-year contract worth $190,000. 

Michael DeGeorge, also a former assistant to Brown, has been hired by the board as director of communication, at a salary of $130,000.

More TK

Press Release:

Musicians of Note, an event honoring past Batavia High School graduates who have made an impact in music, will host its 5th annual ceremony on Thursday, October 24, at 7 p.m., at the Frank E. Owen Auditorium at Batavia High School.

Honorees will be recognized with a video presentation and performance ensembles to celebrate their achievements. A plaque featuring their accomplishments will be displayed on the new Musicians of Note wall at Batavia High School.

This year’s recipients of the Musician of Note Award include:

Rose Caccamise (posthumous, Class of 1958)

• Owner of Roxy’s Music Store and supporter of local musicians
• First BHS alumnus to be inducted into both Athletic and Music Hall of Fames

Daniel DeLuca (Class of 1985)

• B.A. Music, M. Ed. Elementary and Music Education
• Music Teacher
• Band Member/Leader

Neil Hartwick (posthumous, Music Educator 1966-1982)

• Batavia CSD and Brockport CSD Music Educator
• NYSSMA Adjudicator
• Organizer of the Batavia High Jazz Ensemble and Batavia Pageant of Bands

 

Deborah Russell Silverstein (Class of 1977)

• Passionate Music Educator
• Flutist
• Church Musician

The ceremony is open to the public and free to attend. 

Submitted photos.

The alleged victim of sexual abuse by Batavia pastor Marty Macdonald has filed a report with the Genesee County Sheriff’s Office in a step that brings questions to an open investigation while only further confirming Hobson’s own stance on her accusations, she says.

“The Sheriff’s Office contacted me. So I spoke with them, and after speaking with them, that’s when I filed,” Hobson said to The Batavian Monday.  “So, currently, it's still an open investigation. You know, honestly, my motivation hasn't changed, so I still stand on the side of truth. I will no longer be silenced, and I want to encourage others to come out of the shadows of guilt, shame and fear and let their voices be heard. 

“I’ve talked to law enforcement several times over the last few weeks, in September and October. It’s still an open investigation, so I’m letting them do their job.”

Joseph Graff, chief deputy of the Criminal Investigation Division, confirmed that the case has drawn some attention in the Sheriff’s Office. The Batavian specifically asked whether the statute of limitations might apply to the allegations.

“We are looking into her case to determine if there are any statutes that are still applicable,” Graff said.

In criminal law, the statute of limitations is not straightforward and depends on the section of penal law cited and the facts of the case, which is information not yet available, according to legal sources.

Macdonald has forcefully denied the allegations through a public statement provided to the media and members of City Church.

Hobson’s story is not new. She first raised it in conversations with a local reporter and other community members more than 20 years ago. 

She has said that from the age of 12 to 18, she was groomed and sexually abused by Macdonald, she said. She hadn’t told anyone until years later. She only came out publicly in September when emboldened by a similar case in which a teen, Cindy Clemishire, had been sexually abused by a powerful pastor at the time, Robert Morris, and that became widely publicized when the Clemishire shared her story, and Morris resigned from his church. 

After The Batavian first published Hobson’s story, Cornerstone Pastor Paul Doyle made a video asking Macdonald and his son Ryan to step down from The City Church in Batavia. This was in response to a cease-and-desist letter demanding that Doyle retract what he had said publicly about Macdonald. 

That cease-and-desist letter also went to The Wartburg Watch, an online publication that has kept the Hobson articles and related posts intact.

Meanwhile, online chatter about the Hobson articles has included many posts of support for Hobson and some questions about why she hadn’t come forward sooner or filed charges against the well-known Batavia pastor. 

None of the comments have deterred her newfound spirit, she said. Now that she has taken this step to file a police report, Hobson isn’t certain “what avenues yet, but I plan to continue to tell my story.” 

Attorney Anjan Ganguly, who has been representing Macdonald and The City Church, was not aware of any investigation into the allegations against his client, he said.

“Neither Pastor Marty nor I have been notified of any police report or investigation,” Ganguly said Wednesday.

Byron Brown had no involvement at all in Steve Casey landing a part-time marketing job at Batavia Downs, said Henry Wojtaszek on Wednesday night.

Wojtaszek is the outgoing president and CEO of the Western Regional Off-Track Betting Corp., and Brown, a former five-term mayor of Buffalo, is his successor.

Steve Casey, until 2015, was Brown's deputy mayor.

Multiple media outlets in Erie County and Genesee County reported over the past few days that Brown either hired Casey or implied that Brown was involved in the decision to give Casey a job.

Both Wojtaszek and Brown provided information that contradict those reports.

"I had no influence in hiring Steve Casey at all," Brown told a gaggle of reporters outside a closed committee meeting at Batavia Downs on Wednesday.

Wojtaszek said that while he's not friends with Casey, they've known each other for several years. In May, Wojtaszek said, Casey asked about a job, saying he wanted to get back into the state retirement system. After going through the application process for the job, Casey applied for a state gaming license and received his license about a week later, Wojtaszek said. He started work in late July or early August. Casey received his harness racing license in August.

In late July, the OTB board voted to negotiate a buyout of Wojtaszek's employment contract and announced the formation of an executive search committee.

Board Chairman Dennis Bassett refused to share the names of candidates with reporters throughout the search process, even while there was speculation that Brown was a candidate. Brown said he didn't even consider applying for the job until he learned of Wojtaszek's eventual departure (Wojtaszek's last day is Dec. 31).

Wojtaszek told The Batavian that Bassett even kept the names of candidates from him. He didn't know Brown was a candidate until Brown's name was brought to the board in September for a vote.

Media reports suggest Casey is a controversial hire. In 2015, the FBI launched a five-year investigation into an allegation that he stole funds from one of his political consultant candidates, Charles Swanick. The result of the investigation? A conviction for wire fraud with no jail time and no probation. He was ordered to pay a $69 fine and fork over $8,283.59 in restitution. The crux of the dispute, according to a report by WGRZ: Swanick thought Casey had agreed to work for free.

Asked about the conviction on Wednesday, Brown defended Casey's employment at Batavia Downs.

"When you look at Steve Casey's actual record, he has no record, so there is no prohibition to him being able to work here, as I understand it," Brown said. "He was hired prior to me being hired, and he has a gaming license, which I understand he got before me getting one."

Pressed to discuss the conviction, Brown said the issue is more complex than sound bites can convey.

"Again, I'm not going to go into those details in a sound-bite fashion," Brown said. "It would be unfair to that individual. There's a lot more to it than that. I don't think it would be fair for me to try to discuss in, you know, a 20-second soundbite." 

For those questioning whether Wojtaszek, a Republican, would hire Casey, a Democrat, Wojtaszek said party affiliation is not part of the hiring process.

"Honestly, I can tell you this -- I mean, I know Steve is kind of a high-profile guy -- but I have no idea what the political affiliation is of the people we hire," Wojtaszek said. "I have no idea."

He said that outside of one staff member Wojtaszek has known for years, he never talks politics with his staff.  

"I have no idea what they're registered," he added. "I believe that this organization is not a political organization. That's why I love Dennis (Bassett). He's like, 'I'm a Democrat. That's my ideology. But when I come here, we don't, we don't discuss that.' He says, 'I know where you come from. You know where I come from, but let's work through this thing.'"

Brown told reporters on Wednesday that he has no idea what future position Casey might hold at Batavia Downs. There was no promotion or switch to full-time proposal before the board at Wednesdays meeting.

"As I move forward, I would certainly consider him for a position," Brown said.

Previously: Reports of Byron Brown hiring former staffer are incorrect

In an effort to fulfill his vow for “transparency,” newly hired CEO Byron Brown released copies of his employment contract with Western Regional Off-Track Betting Corporation to members of the press before committee meetings Wednesday, revealing his three-tiered salary increases, a four-month severance provision and other benefits of the job he began just a week ago at Batavia Downs.

The former Buffalo mayor’s annual six-figure base salary begins at $295,000 through 2025 and is set to jump to $305,000 on Jan. 1, 2026, and increase another $10,000 in 2027 to $315,000, “contingent upon continued growth and a satisfactory performance evaluation.” 

“Before I even signed the contract, I knew there was a lot of media interest in the contract. I had been informed that a number of members of the media had requested the contract and that the contract was FOILed. It was my understanding, through the corporation, that through FOIL, the contract would have been released on October 31, but I thought, you know, as we talk about transparency, it was important for me to release the contract today, my first board meeting,” Brown said. 

“You know, obviously, we are in something of a transition," he added. "Some of the decisions that are being discussed today, work that has been assembled today predated me, so as I transition in, I wanted to transition into the organization with transparency, and wanted to provide the contract to the media so that it could be seen and you could evaluate it."

Unlike former employees who have received year-long severance packages, Brown’s is cut off at four months, which was a condition he purposefully chose in working with Board Chairman Dennis Bassett, he said.

“We decided that I would not take that type of severance provision … Again, we thought that that was an important and meaningful reform with me coming in, and I was happy to agree with the chairman to reduce the severance that employees have previously enjoyed,” Brown said, answering why he agreed to a reduced severance length. “I want to start with transparency, want to start looking at potential reforms for the organization. Good work is being done here. This is a very profitable organization that delivers revenue to 17 municipalities in Western New York. I want to work to establish confidence in the organization. So I thought changing that provision and reducing the severance provision in the contract was important for me to do.”

The contract includes a minimum of two weeks paid vacation per year; an $800 monthly car allowance in lieu of any direct payments for expense of leasing or operation of a vehicle; and reimbursements for “necessary and reasonable business expenses incurred in the performance of his duties.”

Brown’s contract allows him to participate in employee benefit plans and programs, including but not limited to medical, retirement and life insurance, as are generally made available by the employer to employees.

The severance package also would include continued medical benefits or a $1,500 annual stipend for choosing not to use the medical benefits.  

His list of duties and responsibilities includes:

• The overall direction, development and day-to-day management of the employer — the gaming operations and hotel, food and beverage, and other gaming-related amenities; and management of vendors, consultants and employees, including the right to select, assign and terminate such individuals and entities and the implementation of personnel and wage and benefit policies established by the board;
• Preparation of annual operating and capital budgets of the employer and of required modifications to budgets, implementation, monitoring and evaluation of such budgets in the course of operations;
• Development and implementation of programs for training of employees and development of policies and procedures;
• Diligent attention to ensuring the compliance of operations with the requirement of the state Gaming Commission and other applicable laws relating to the integrity and operations of employers and maintenance of the integrity of all operations for the protection of the employers, its patrons and the public;
• Assistance in the development of strategic plans and preparation of related proformas for the expansion of the employer and of required modifications to such proformas;
• Overall direction, development and day-to-day management of the process to market, sell and account for the employer’s products and services and for developing, implementing, monitoring and adopting measures to improve customer service;
• Negotiate agreements on behalf of the employer consistent with the policies, and negotiate employment offers for management of the employer, both subject to board approval when required by employer policy;
• Lead the interaction with federal, state and local governments, including legislative bodies, and participate as the employer’s representative to the New York Gaming Association, and serve as trustee to the Employer’s Deferred Compensation Plan.

The annual salaries are listed as minimum base salaries, and will be up for review at the end of each fiscal year. The board may determine, in its sole discretion, to increase the executive’s base salary, the contract states. Brown is happy with the package, he said, which includes those "performance based incentives."

“I am certainly pleased with the contract the board has offered. We did not do a lot of negotiation, very little,” he said. “In fact, I was presented a contract for employment and found it certainly satisfactory to me and accepted it.” 

Expanding the Batavia Downs Hotel seems like a good idea to Byron Brown, who discussed the idea in his first board meeting on Wednesday since starting his new position as president and CEO of Western Regional Off-Track Betting.

"The board has started looking at expanding the hotel, certainly predating me," said Brown. "I have been in a number of briefings on the hotel; there are several outside consultants and expert entities who have been hired to help the board evaluate the potential of expanding the hotel. From what I have been able to see and review, it looks like it makes sense to me."

Brown did not disclose any specifics on the proposals the board is reviewing. Wednesday's discussion took place behind closed doors. Brown said the expansion would take place on the current Batavia Downs property. The board has not discussed purchasing additional property he said.

"A lot of questions came up in the executive session that the board went into to discuss the hotel," Brown said. "I thought the questions were right on target, and I think the board will make a sound decision about whether to expand the hotel or not to expand the hotel."

After Kmart closed in 2018, WROTB attempted to purchase the property but lost out to Benderson Development. While Benderson built space and leased it to three franchise operations, the main Kmart building remains vacant. Brown said he has not heard any talk of WROTB attempting again to purchase the property.

The 84-room luxury hotel opened in 2016. It was originally constructed and operated by ADK Hospitality, a Buffalo-based company. It costs ADK $5.4 million to build the hotel. The OTB purchased the hotel in 2021 for $8 million.

The purchase, Brown said, "has led to this corporation becoming a lot more profitable. So purchasing the hotel in the first place was a very good decision. From my perspective, just being able to evaluate this during the week that I've been here, I think expanding would be a good decision as well. But again, I don't want to try to speak for the board."

Press Release:

The Rotary Club of Batavia has contributed $7,635 in disaster relief to aid persons impacted by the recent hurricanes in the southeast portion of the country. 

The total donation was fueled by a $5,000 contribution from members of the Batavia Rotary Club. The remainder was raised over a five-day period from members of the Batavia and Genesee County Community.

Batavia Rotary Club President Michael Hodgins explained that the original appeal provided for a Rotary Club “match” of community donations up to $5,000. 

“Given the tight time frame, Batavia Rotarians decided to contribute the full $5,000 to go along with more than $2,600 from the community at large,” said Hodgins.

The local funds were sent to the Rotary International Zone 33/34 Foundation. This foundation was established to provide disaster relief in hurricane prone areas. These two zones encompass 10 states in the U.S. and 29 countries across the Caribbean. 

Hurricane Milton made landfall on 9 October in Florida as a powerful Category 3 storm. Mere weeks before, Hurricane Helene battered areas in and around the Caribbean, the Gulf of Mexico, and parts of the United States’ Eastern Seaboard.

Storm surges and heavy rains produced extreme flooding throughout the region. More than 250 people have died in the U.S. states of Florida, Georgia, North Carolina, South Carolina, Tennessee, and Virginia, according to the Federal Emergency Management Agency.

Press Release:

On October 20, Resurrection RC Parish and Ascension Parish Faith Formation students and families heard a presentation from Janice Spiotta, who percent went on pilgrimage to Italy.  

In anticipation of All Saints Day on November 1, Janice enthusiastically inspired the group with powerful messages about the faith of St. Frances of Assisi and soon to be a saint Carlo Acutis, to be known as the first millennial saint.

Contrary to reports in other media outlets, Byron Brown, the new president and CEO of Western Regional Off-Track Betting, says he did not hire a former mayoral office staffer at Batavia Downs.

Steve Casey, a former deputy mayor in Buffalo, does work for Batavia Downs but he was hired by Henry Wojtaszek before Brown even applied for the job, Brown told The Batavian between committee meetings at the casino on Wednesday.

Brown said he did not have details about Casey's employment and referred those questions to Wojtaszek. Wojtaszek said he would answer questions after he has a chance to brief the board of directors on the matter.

This story will be updated as information becomes available.

A power outage from a blown transformer at Main and Porter in Batavia at about 8 p.m. on Tuesday is disrupting the schedule at the Genesee County Courthouse on Wednesday morning.

Court officials said courts will not open until noon as a result of the power outage.

Criminal court arraignments and any emergency criminal matters, emergency matters will be handled by the Genesee Centralized Arraignment Part Court.  All other regularly scheduled matters for the morning are adjourned.

Emergency applications may be heard by contacting:

Genesee County Centralized Arraignments may be arranged by calling 585-344-2580 x3654

When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."

He then told Det. Jason Iverson, "I didn't kill nobody, bro."

Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.

His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.

O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.

 The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.

Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.

According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.

Most of the time, Elmore was quiet.

"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.

When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."

Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs." 

The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.

"I gotta refuse ... " Elmore says before Ivison interrupts him.

"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."

Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."

O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.

"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."

Elmore interjects, "I gotta refuse the services of a  ... " and O'Geen says he breaks off at the letter "L." 

O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."

Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions. 

O'Geen does not include any further portion of the interview.  He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."

In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.

Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.

O'Geen found there was sufficient evidence of intent for a jury to consider the charge.

When Ashley Manuel’s grandmother, Norma, was at the end of her life, instead of focusing on death, she was able to truly to live out her remaining days with joy and peace — and her daily red lipstick — thanks to a comfort care home atmosphere, Manuel says.

By comparison, her other two grandparents went into a hospital, where it was drastically different, with a sterile environment that was “scary,” uninviting and cold for visiting family.

That contrast has made Manuel, an independent end-of-life doula who trained with Crossroads House founder Kathy Panepento, a firm believer in comfort care homes. She will be a speaker for an upcoming Genesee Valley Regional Community Cares meeting about an initiative to get a second comfort care home into Genesee County.

The meeting is set for 7 p.m. Monday at Stone Presbyterian Church, 7549 South Lake Road, Bergen. 

“So, in my experience in end-of-life care, and mostly with families and people who are dying, they don't feel like they have a lot of choices anymore. I watched them, the family, struggle with what do we do next. How do we handle this? And by having comfort-care homes and someone to come into your own home, or wherever you are at the time, a hospital, nursing home, and say, ‘listen, there's so much more we can do, and you can be an advocate in your own death.’ And I don't think even society knows that,” Manuel said to The Batavian. “I watched people who came through Crossroads House when they kind of would say, well, what is an end-of-life doula, you know, and what can you do that hospice can't or what can you do? And what I want people to understand is dying starts with the mental, so you start to process your death way before the body even feels it.

“As soon as someone gets a prognosis, that's where it starts. Whether you're in pain or your disease has pain, or you're just dying of old age, that's where an end-of-life doula, and that's where comfort care steps in,” she said. “I’ve done legacy projects. And life review and guided imagery. I mean, it's so beneficial. And when I first stepped into it, I was even skeptical of how much this could help someone. Because you can't fix it, right? Yeah, this is going to happen. But the more I worked with people and sat with them and got to know them and created a bond with them, I've done guided imagery and people's last breaths, and within minutes after I was finished, they were gone.”

That happened because the person became relaxed enough to do what’s necessary to die in peace, she said: let go. Her passion, coupled with a belief in the practice and philosophy of facilitating that for people, motivates Manuel to be part of this second comfort care home in some way, she said.

“I really believe that death isn't a medical event; it’s a social event. It's a communal event. We did it for years and years and years before there were hospitals before people started taking their loved ones to the hospital. When they were dying, they kept them at home. But because the medical industry has bloomed, I guess you would say, around the 60s and 70s … We now have organ transplants and medicines and curative treatments and such. And that's all wonderful and great, and it has saved many lives or extended life,” she said. “But there does have to become a conversation of, okay, that's not a possibility any more, where do we go from here? And that's where I think comfort care homes and people who are trained really well in end-of-life care can pick that up and say, ‘this is what we can do.’ And it's not just for the person dying, it's for the family around them.”

Genesee Valley Community is a group of local people, led by Stone Presbyterian Church in Bergen, with a desire to create a comfort care home to serve those suffering with end-of-life issues. 

This project was first explored in 2019 by the Rev. Robert “Mike” Stuart, Louie Crocker, Keven Kent and the small but dedicated membership of Stone Church. Then Covid came along, plus other obstacles, and the project was put on hold. The church has now partnered with Genesee Valley Regional Community Cares, a newly incorporated not-for-profit dedicated to the creation of comfort care facilities. 

Frank Strock, a local who had married Diane Howe in Byron, experienced his own hospice type situation after his wife was diagnosed with ovarian cancer in 2019. Home care and Hospice was taking care of her at the family homestead, and after she died in May, a counselor remarked that the property would make a great comfort care home in his wife’s name. 

“And I said, ‘you know, my father-in-law built this home in the 50s. We have 15 acres. I know Kathy Panapento, she's a wonderful person, and she could guide us in the right direction. I'd love to do that,” Strock said. “Well, as it turned out, in the interim, I met an elder from the Stone Church and he said they had been working on this program since 2019, and would I like to get on board with Mike and a fellow named Keven Kent who's an elder at Stone Church? I said sure.”

A professional organizer versed in working with unions in New York City, Strock suggested that they file for a not-for-profit and begin to raise money. The 200-year-old church will not only have a mission, he said, but a legacy to revitalize what’s left for the 14 remaining members. 

He is grateful that Stuart, who was a minister at Stone Church, donated his salary to the nonprofit to get this initiative going, and that has meant an $18,000 boost to the coffers.

“He felt so much behind this comfort care program. He had a history of over 10 years working with home hospice out of the Buffalo area, and then he went over and did an interim position at Stone Church, and he said, ‘I’m going to donate my salary to the future of a comfort care home in Stone Church.’ So you can imagine, when I heard these things, I said, you know, something's happening here, and I just have to help them,” Strock said. “And with the church as small as 14 members, even though it's been there for 200 years, and knowing that the people may not have the energy to do this work, we feel that as we grow as an organization, Genesee Valley Regional Comfort Cares, that we will find the resources.”

Father Scott, based out of Our Lady of Mercy in Le Roy, and who works with some nine or so different Catholic churches, has shared the effort with his congregations, and “there’s so many members that have a history of working in healthcare that they would be wanting to be on board as volunteers,” Strock said, and it seems to be good timing with Crossroads founder Kathy Panepento retiring.

“It’s almost like, with all her life that she’s given to Crossroads, it’s now time for others to help pick up the ball and try something new,” he said. 

The objective is to establish a two-resident home “filled with love and support,” and to provide “individualized care for those who have been medically determined to be in the last three months of their life,” similar to Crossroads House in Batavia. 

Staff would include doctors, registered and licensed practical nurses, aides and specially trained volunteers. Preference would be given to those residing in the Genesee Valley and admission granted regardless of religion, race, age, sex, or other distinctions. 

Referrals can come from physicians, social workers, discharge planners, healthcare agencies, clergy, individuals or other sources that provide care for individuals approaching the end of life.

Organizers are hoping that members from the community and at least some of the 55 Presbytery churches attend this first meeting and become an active participant. They’re looking for people to join the association board and/or volunteer for one of the many facets of the comfort care home needs by providing ideas, healthcare, design, construction, clerical, tech support, bookkeeping or well-intentioned prayer. 

“In particular, we ask for your prayers that a donor will come forward with a donation of a lot upon which we can build our facility,” Strock said. “We welcome all. Your heart and soul will be the foundation for this cornerstone of service.”

Tax-deductible donations may be made to GVRCC Inc., 6613 North Bergen Road, Byron, NY, 14422.  

St. Paul Lutheran Church and School is facing a lawsuit stemming from the conviction of a former principal to a child course of sexual conduct charge in June 2023.

The suit alleges that the church was aware of complaints of inappropriate conduct toward young girls and failed to act to protect the children.

In an answer filed with the Genesee County Supreme Court, St. Paul's denies all of the substantial allegations and moved to dismiss the case.

The next hearing in the case to consider motions is on Nov. 7.

Jason Clark worked for the school for 20 years and was named principal in 2019.

He admitted to sexual course of conduct with a child after initially being charged with two counts of sexual conduct against a child in the second degree. He was accused of sexual behavior with a child less than 11 years old over two separate periods in 2014 into 2016.

The child's guardian filed the lawsuit on behalf of the child. The child and guardian are only identified by initials in the suit.

The suit seeks "attorneys’ fees, costs, pre- and post-judgment interest, compensatory damages, punitive damages, and such other relief as this Honorable Court deems just."

Clark is not named as a defendant in the suit.

The 13-page complaint contains numerous allegations (some repeated under the multiple sections of the complaint).  

The plaintiff's attorney, Nathaniel L. Foote, from a law firm in Harrisburg, Pa., makes multiple representations about events and actions underlying the claims.

These include:

• "Prior to the cessation of Plaintiff’s abuse by Clark, employee(s), volunteers, and/or agent(s) of St. Paul, including administrators with the power to take corrective action, became aware of Clark's inappropriate behavior toward minor female students."
• "... Clark kissed a female student while consoling her while alone with her in a staircase."
• "... Clark tickled and hugged multiple children and placed children on his lap."
• "Parents reported they were uncomfortable with this behavior to St. Paul."
• "Parents’ reports to St. Paul about Clark’s uncomfortable behavior with students was known to St. Paul’s leadership prior to the cessation of Plaintiff’s sexual abuse."
• "Clark admitted to sending a 'warning' to the parents of his students that he is a 'hugger' and acknowledged hugging children is not easily accepted by people as it is by a female teacher."
• "Such behavior put St. Paul’s leadership and administration, including Pastor Allen Werk, on actual notice that Clark posed a risk of sexual harm to St. Paul’s students."

In its answer, filed by attorney Michael E. Appelbaum of Buffalo, St. Paul's denies all of these allegations except for the assertion that Clark sent the "warning" to parents.

Foote asserts that St. Paul's was negligent in allowing Clark access to vulnerable students, failed to provide adequate supervision, and took no precautions to prevent his client's injuries.

The church denies these allegations.

In response, Appelbaum states, in what is called an 'affirmative defense,' that the plaintiffs failed to state a claim that led to any relief ordered by a court. He said the complaint violates the applicable statute of limitations. He says the complaint fails to show that his client breached any lawful duty owed to the plaintiff. He also suggests a third party, to the church, is responsible for any damages. On legal grounds, he states, many of the claims made by the plaintiff ar barred because the damages were not caused by his client.

In the tenth affirmative defense, he states that "any alleged injury and damages sustained by the plaintiff were worsened by the plaintiff's failure to act to mitigate such injury and damage."

He also suggests that the plaintiff may have received settlement funds, barring any further recovery of damages.

Peter Celentano, of Bergen, was charged in U.S. District Court on Tuesday with illegal possession of machine guns.

Authorities searched his residence on Rochester Street and property associated with him in Lyndonville and Medina.

The Medina search also involved a dive team recovering from the bottom of the Erie Canel a box with 10 AR-style receivers, an unmarked gun, magazines, and other firearm parts.

According to U.S. Attorney Jeffrey E. Intravatola, the searchers on Sept. 29 in Bergen recovered two 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to firearm manufacturing. 

Investigators also searched two properties in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D-printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pinhole,” qualifying them as machine guns, according to Intravatola.

The search warrants were executed by the State Police, Genesee County Sheriff's Office, and ATF. 

If convicted, Celentano faces a maximum penalty of 10 years in prison and a $250,000 fine.

Press Release:

Genesee County residents who receive Medicare should look out for new Medicare cards in the mail in the coming weeks. The Centers for Medicare & Medicaid Services (CMS) issued these new cards after a cybersecurity breach affected nearly one million beneficiaries nationwide. If you were one of the individuals affected, you will receive a new card in the mail. 

The new cards will include a different Medicare number to protect personal information. It is important to know that this is a legitimate process, and you do not need to take any action to receive your new card. However, please be aware of potential scams during this time. 

Important Reminders: 

• No One Will Call You for Your Medicare Number: Medicare will not contact you to verify your new Medicare number or request personal information. If you receive such a call, it is likely a scam. 
• Protect Your Personal Information: Do not share your Medicare number or any other personal information unless you have initiated contact with a trusted source.

Genesee County Office for the Aging is Here to Help: 

If you have questions about the new cards or need assistance, the Genesee County Office for the Aging is available to support you. Visit us at 2 Bank Street, Batavia, contact us at 585-343-1611 or go to geneseeny.gov/ofa. 

Stay vigilant, and if you have concerns about your Medicare coverage or card, you can also contact Medicare directly at 1-800-MEDICARE (1-800-633-4227). 

Press Release:

This year, National Lead Poisoning Prevention Week (NLPPW) takes place from October 20-26. NLPPW is a call to unite individuals, organizations, and government to reduce childhood lead exposure by raising awareness about lead poisoning prevention.

This week emphasizes various ways parents, caregivers, and communities can reduce children’s exposure to lead and protect them from its harmful effects.

“Lead poses a significant danger to children because their developing bodies absorb more lead than adults, and their brains and nervous systems are more vulnerable to its harmful effects”, stated Darren Brodie, Environmental Health Director of the Genesee and Orleans County Health Department (GO Health). 

These effects can include developmental delays, learning disabilities, weight loss, hearing loss, seizures, and more. Children can be exposed to lead from paint used in homes before 1978, contaminated water or soil, and products from other countries (spices, pottery, toys, etc.).

According to the 2023 American Community Survey, approximately 73.6% of housing units in Genesee County and 73.0% of housing units in Orleans County were built before 1978 and may have lead exposure hazards. Homes built before this year are at higher risk for having contaminated lead-based paint, which can deteriorate over time and release toxic lead dust or chips, posing significant health risks, especially to young children.

Lead poisoning is entirely preventable. We encourage parents and community members to learn about the dangers of lead exposure by exploring the three key messages of National Lead Poisoning Prevention Week:

1. Get the Facts
   • Any exposure to lead hazards can be dangerous, particularly for children.
   • The only safe blood lead level is zero!
   • The most common way children are exposed to lead is by ingesting tiny dust particles or paint chips, often too small to see.
   • Other potential sources of lead include metal toys, wooden toys or furniture painted with lead-based paint, metal jewelry, lead-glazed pottery, certain candles, spices, and even makeup.
2. Get Your Child Tested 
   • A blood test is the way to determine if your child has lead poisoning. 
   • Most children with detectable levels of lead in their blood show no noticeable symptoms.
   • If you think your child may have been exposed to lead, talk to their healthcare provider about getting a blood lead test.
   • Blood lead tests are also recommended for pregnant women who believe they may have been exposed to lead.
3. Get Your Home Tested
   • Many homes built before 1978 contain lead-based paint. If your home was built before that year it is important to have it tested for lead paint. 
   • If you rent, request that your landlord have the home or apartment tested.
   • For more information on testing your home, contact GO Health.

The Genesee County Health Department has a Lead Hazard Control and Healthy Homes Grant, funded by the Department of Housing and Urban Development (HUD), that can address lead-based paint hazards and other health concerns in homes and apartments in Genesee, Livingston, Orleans, and Wyoming Counties. 

“This funding is designated for lead-based paint remediation as well as other health-related home repairs," said Gabrielle Lanich, Lead Program Coordinator for GO Health. "Eligible homeowners and property managers with qualifying tenants can apply for these funds." 

For more information or to determine eligibility for these programs, contact the Genesee County Health Department at 585-344-2580 ext. 5555 or Health.GOlead@geneseeny.gov.

For more information about GO Health Programs and services and eligibility details for lead programs, visit GOHealthNY.org or contact your local health department at:

• Genesee County: 585-344-2580 ext. 5555
• Orleans County: 585-589-3278

Follow GO Health on Facebook, Instagram and X at GOHealthNY.

Byron Brown, the former five-term mayor of Buffalo is stepping into his new role as president and CEO of Western Regional Off-Track Betting/Batavia Downs. Last week, The Batavian sat down with him for an interview.

Brown said is primary focus is on running the OTB as a business, growing revenue and increasing profits for the 17 municipal owners.

"I'm not coming here to be a politician. I'm coming here to be a focused business executive," Brown said.

He didn't follow much news about Batavia Downs before learning of the search for a new executive to replace Henry Wojtaszek.  He said he has little knowledge of prior controversies. The evidence he sees so far is that Wojtaszek did a good job running the organization and he sees no signs, as some have charged, of corruption.

"Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel)," Brown said. "I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities."

He will leave it to the board to set OTB's legislative goals, but he is confident he can help the board achieve those goals.

"As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York," Brown said. "Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years."

Here is a full transcript of the interview:

The Batavian: If you were speaking to all of Genesee County right now, how do you introduce yourself?

Byron Brown: I introduce myself as a person who's been selected to be the president and CEO of Western Regional off-track betting Corporation. I am very pleased with this opportunity to move in a different professional direction and to extend my years of public service. I will be working in a corporate environment, but serving 17 member municipalities and trying to raise the revenue that Western Regional Off-Track betting Corporation provides to 17 member municipalities, including Genesee County,

Having served as Mayor of the City of Buffalo for over 18 years, I understand how important these revenues are in the city of Buffalo's budget, and I know that they are important to the budgets of the other 16 municipalities that receive proceeds. I will work as hard as I can, as smart as I can and as collaboratively as possible to continue building this organization and making it even more profitable. It is already profitable, but I aim to help make it even more profitable.

Q: One of the things Dennis Bassett said to me is that relative to Monroe County, Erie County, and Buffalo, the revenues for Genesee County and the other rural counties are more significant. Even though the revenue is smaller, numerically, it's much more significant budget-wise. Is that something you're aware of, and want to ensure that it is maintained?

A: It is definitely something I'm aware of. I'm aware of the revenue that goes to all of the 17 member municipalities, for all of the municipalities, including the smaller municipalities. Not only do I want to maintain the revenues that they are receiving, I want to grow the revenues that they're receiving.

Q: Any hobbies or interests? What do you do when you're not a public servant? 

A: I have been pretty much a workaholic, but I like to walk with my wife. We have great parks in the city of Buffalo, so we walk some of those parks. I have some friends I cycle with, ride a bicycle, and I enjoy that. I don't get to watch a lot of TV, but I like Westerns when I do, and my wife and I are helping to raise our six-year-old great nephew and seven-year-old great niece. I like spending time with them, including our son, who is 34 now. Something my great niece and I have started doing together is watching Star Trek at eight o'clock before her bedtime.

Q: Which series are you watching?

A: The original.

Q.: The original, great. Starting her outright.

A: Yeah, starting her outright.

Q: I've seen everything. I grew up on Star Trek.

A: So I've, yeah, I've seen every episode many, many times over.

Q: I've seen all the other series.

A: I have, too.

Q: I've watched Discovery and everything.

You kind of touched on this, but just what attracted you to this job? Well, it's kind of a two-part question. What did you know about Batavia Downs before, and then what attracted you to the job when you found out it might be available?

A: I didn't know much about Batavia Downs before applying for the job or coming here, there were a couple of people that said, hey, this position is available. You should take a look at it. I did. The major thing that jumped out to me is its revenue to the 17 member municipalities. I was very attracted by that because I knew of the revenue that came to Buffalo. I didn't really pay much attention to the revenue that might have gone elsewhere. When I really researched where the revenue goes, I felt that the function of this organization was very important in Western New York and in the state of New York, and I saw it as an ability to move into a corporate environment. This is a public benefit corporation. It's got to be run like a business. I saw it as an opportunity to utilize the management skills that I've been able to develop over the years and, most importantly, help 17 municipalities in Western New York, including the city of Buffalo and Erie County.

Q: It sounds like you have a passion for municipalities. Does that come from your background as mayor?

A: It does. I have a passion for municipalities. Before I ever ran for any office, I had the opportunity to work at senior levels in city, county and state government. Before my five terms as mayor of the city of Buffalo, I was a member of the New York State Senate. I was in the Senate for three terms. One of the committees I served on was racing, gaming and wagering. So certainly, you know, I have exposure to that committee and its functioning, and before that, I was a member of the city council for three terms in the city of Buffalo. Because of those experiences, my alma mater, Buffalo State University, recruited me to teach a course with other professors at the university in municipal governance, and so I was recruited to be a professor of practice at Buffalo State and really leaned into not only my own understanding and learning about local government and municipalities but also the importance of those governments in our state,

Q: You were mayor of one of the finest cities in the state of New York. And it is the state of New York, and this (Batavia Downs) is a much smaller footprint; some might say that's a kind of, it's not even a lateral shift. It might be seen as being a bit of a step-down. I realize it's higher pay, but there's not the same jazz, is there?

A: You know, some people have said that. I don't feel that. I think all work is important, meaningful, and valuable. There are at least 430 people that work in this organization. Their jobs and ability to support themselves and feed their families are critically important to them. The revenues -- since this organization was established in 1973 and began paying proceeds to municipality municipalities in 1974 -- it is almost $300 million that has been paid out to the 17 member municipalities in that period of time. That's significant. That means something; those dollars go to all of those communities in Western New York. I saw it as exciting to be able to come in as president and CEO and not only maintain that but find ways to grow that. So, I see it as an exciting management challenge in an organization that has an important function in the state of New York, and I am honored to have been selected to do this work, which I think is important.

Q: One of the things I've talked with Dennis Bassett about is your legislative experience. That was, I think, a major selling point for him and the board. Please talk about your legislative goals and what you think you can deliver.

A.: My legislative goals are the board's legislative goals. The board will set a legislative agenda. Gaming is something that the board is looking at; maybe expanding the Video Lottery Terminal footprint is something else that the board is looking at, and reducing the tax rate is another.

Q: Explain the tax rate.

A.: The tax rate on Western Regional Off-Track Betting proceeds, so reducing the tax rate ...

Q: That goes to the state?

A: That goes to the state. If that were reduced, the proceeds to the 17 member municipalities would be increased. Those are some things in the legislative agenda that the board has talked to me about.

As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York. Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years. I can certainly have a conversation with them about what's important to this organization and 17 municipalities.

Q: We've talked about how good the revenue has been and the profits going to the municipalities. I've watched over the last few years the ramping up of events here, concerts, and other activities that help bring people here. Are those policies and practices you plan to continue, and what additions might you start?

A: The organization has done a good job in ramping up profitability, increasing hotel stays, increasing the number of events that are here, and when people come here for events, they often find themselves on the gaming floor, or they find themselves at the racetrack. All of those things help with profitability. So I certainly will continue those things. I'll be looking at -- are there additional things that we can do to bring more people here? I see Western Regional Off-Track Betting and Batavia Downs as kind of a resort-type experience in Genesee County in Batavia, New York.

Q: Do you support expanding the hotel?

A: I have been briefed on the hotel expansion. That is ultimately a decision that the board of directors has to make. But from everything that I have been able to review, from the pro forma I've looked at, I think that expanding the hotel would increase the profitability of this organization. It looks like a winning proposition. And when you look at all of the hotels in this geographic area, the Batavia Downs Hotel is, I would say, the most well-used of all of them. The percentage of people who stay at this hotel is higher than all of the other hotels in this area. So there's tremendous demand to stay here, to come here, and that certainly makes a case for expanding the hotel.

Q: Back to concerts. Are you a music fan?

A.: Yes, I'm a music fan. I like all kinds of music. I like country music, I like rock, I like soul music, I like jazz, and I like classical music. You know, people have been talking about the concerts that do really well here, and, you know, building on that concert experience, concerts --

Q: That's honestly one of my number of concerns. I like covering concerts here and I know Henry is a big music fan, so I want to see the concerts continue.

A: I'm a music fan. They will continue. What kind of music do you like to listen to?

Q: Pretty much everything you listed. Probably, primarily country, Americana, but I like a broad range. And one thing I've got to ask -- Buffalo? Rick James?

A: Definitely a Rick James fan, 100 percent.

Q.: I have almost everything he has on vinyl. I'd love to see the Stone City Band here sometime.

A: You know, I used to be a DJ in college, so I also have a pretty significant collection of vinyl. And so I have a number of Rick James albums. 

Q: That's great. 

A: You might even see me do some DJing here.

Q.: Oh, really?

A: Yeah.

Q.: Okay, that'd be great. When you do that, I gotta come down here and get some pictures. Come down and hang out, too.

We probably already touched on this, but I'd say specifically, more than on the legislative side, just as the operation of primarily Batavia Downs, but in general, are there other ideas that you have yet that you want to pursue?

A: It's a complex operation. There are a lot of good things that are happening out here. Three restaurants that do very well. I've eaten in all of them now. The food is very good. The service is excellent. I think about that very famous commercial, 'We don't want you to just like coming here. We want you to love coming here.' The hospitality is great here. The people in almost every facet of this operation are warm, friendly, and welcoming, and I think that translates to success.

I think, you know, building on the events that take place here and businesses being able to hold retreats here, there are a lot of things that can be done to bring more people here. I know coming up, Roswell Park Comprehensive Cancer Center is going to have a major event here. I think getting more events like that from corporate organizations at the facility is something that can be done. They're currently working on that. I look forward to working on that with my new colleagues. So I'm very impressed with the hotel and the operation. They call it a luxury boutique hotel. In my capacity, I've stayed in hotels all over the country, and it's a beautiful place. It's a beautiful space. It's comfortable, and it's a really nice stay. And I think, you know, the more people see what Batavia Downs has to offer, the more they'll want to come here.

Q: Henry's controversial figure. What's your estimation of how he's run the Batavia Downs? Do you think there are issues there with him? What's your estimation?

A: I did not know a lot about Batavia Downs before I applied for the position. To me, the talk about controversy is very new. Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel). I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities.

My goal will be to continue that profitability and grow that profitability. I will look at all of the issues that people have talked about in terms of their concerns about the operation and will be transparent in the management of the operation, but at the end of the day, this is a gaming resort-type business. It's got many competitors, and it has to be run like a business. It has to compete like a business so that it can earn the money that the business is expected to earn. So, my focus will be on business. Sound, management and no involvement with with politics whatsoever. I think the controversy is bred by Republican-Democratic politics. I'm not coming here to be a politician. I'm coming here to be a focused business executive. And that's that will be what I do,

Q.: That overlaps with the other question I planned to ask you. There are people, even in Erie County -- I'm sure you've seen the story -- who say you're a political appointment. What's your response to that?

A: Well, no, I'm not a political appointment. No, no. Political person. Well, let me say this: I'm not a political appointment. I had to apply blind. I had to go through a number of interview processes. I had to present credentials. I had to go through a background check, and there were 17 board members that had to evaluate my credentials and make a decision unanimously to hire me. That is not a political appointment. The appointment is based on the board, and its 17 members have confidence that I can do this job. My focus is going to be on the business of Western Regional Off-Track Betting Corporation without concern for politics of any kind.

Q.: I think it's Sean Ryan, Senator Kennedy, and Kevin Hardwick, the comptroller. I don't pay that close attention to Erie County politics, but at one time or another, I know at least Kennedy and Hardwick have, and I think Sean Ryan has -- They've called this organization corrupt. Is that a characterization you agree with? Is that a fair question? If that's not a characterization you share, how would you push back?

A: You know, I would say that in particular, Senator Kennedy and I are very close now, Congressman Kennedy; we've worked very closely on many, many things over the years. I can't go back to what people are talking about. I don't know of those things. I can only go forward, since I've been here with all of the documents I've been able to read and review, and it's voluminous, the meetings that I've been able to sit in with various staff, I see a sound operation that is well run. There are some different things that I would do. I certainly will try to erase that perception from everybody's mind. But I haven't seen since I've been here any evidence of (corruption).

Q: So, again, this goes with representing the feedback I get in the community. There's long been an accusation that Batavia Downs was a Republican patronage job. When the board changed to weighted vote, one of the first speculations was that Democrats want to make this a place for a Democratic patronage job. That usually is the biggest concern, say, with middle management. Do you have plans to make changes in middle management? Will party affiliation play any role in who you hire?

A: People's party affiliation and people's last names are of no concern to me. People's performance and qualifications are what I am concerned about. So if the employees here are performing well, we certainly want to see them stay. Anybody applying to come here, if they're qualified for the positions that they're applying for, should be considered. But party affiliation, last name, who's connected to, who? I'm not going to get into that at all.

Q: Okay, so that leads to my next question. It has been reported that there's an issue with Henry's son being hired. Do you have any concerns about him being hired here at his current job, and what's your position on him maintaining employment?

A: Again, the last names of employees that are here are of no consequence to me. I'm focused on the performance of every employee, and as long as the employees here are performing their job duties as expected, then they will be welcome members of this team.

Q.: Do you think there's anything inappropriate about his son getting a job here?

A: Again, I don't know the circumstances around that. I haven't even met the young man yet. So you know, my goal is to go forward, to evaluate performance, to evaluate the effectiveness of employees, and if people are performing their jobs properly and are effective in their jobs, that's my only concern. other

Q.: Another issue that's been raised is Henry getting lifetime health insurance. Do you think that's an issue?

A.: Again, whatever his benefit package was and whatever his benefits are in retirement, those are decisions that have been made by the board of directors. As the incoming president and CEO, those are not decisions that I have the ability to make, and I would suspect if the board made those decisions, they were within their right to make them.

Q.  This is pretty much my last question. I know this has been people talking around the community, including elected leaders, concerned that with the change to weighted voting for the board and the Democrats gaining more control, the real end game is to eventually sell this to Delaware North or the Senecas. Have you heard that? Do you have any response to that? What is your position on that?

A.: I have not heard anything like that. Again. This is a very profitable operation. It is a corporation that provides proceeds to 17 member municipalities. There are plans that I have seen to increase the revenues that go to 17 member municipalities in Western New York. And I wouldn't want to see anything happen with the organization that would financially disadvantage 17 municipalities in the state of New York.

Q: (After the recording was off, Byron Brown mentioned plans for a trip to Albany, so we asked him to explain it on the record.)

A: Albany? It's the New York Gaming Association Board meeting. So we'll attend with Henry. We'll see how the board meeting works. We'll meet some of the members of the board, and then we'll try to have some other meetings in Albany while I'm there just to hit the ground running. This is my second day; it's been a lot. There are a lot of lot of meetings, a lot of briefings, lot of stuff to read, and I'm looking forward to going to Albany to the New York Gaming Association meeting

Q.: While we're recording again, is there an excitement about being here? Is it a change you're excited about?

A.: I like the place. I'm excited about it. I'm excited about what the future holds for the place. I'm excited about what I think I can do to grow revenue, to grow excitement, to grow awareness of Batavia Downs. You know, I've looked at some demographics to see where customers come from. I think, you know, a lot more people could come from Buffalo and in Erie County. So certainly, I have some ideas on how to get more people to come here and enjoy what I think is a great experience.

Still hopeful that there’s a way to save Ascension Parish from closing next month, Connie Bruggman worked this week to correlate the nearly 250 affidavits from members to prepare for an appeal to the Diocese of Buffalo.

“I'm correlating all these affidavits now; they want them in chronological order, and I put them all alphabetically, thinking that will probably be the way to do it. And we have to have three copies of each, so we have, it's close to 250, so I just finally got them all copied. They have to go in with the appeal. We're hoping to have it going by Friday because it has to be within ten days that it’s filed with the diocese,” she said Monday, a day after learning about the Diocese’s decree to close Ascension on Nov. 22. “We’re hoping that our appeal will be taken and that we will be saved, is what we're hoping for. So, it's happened in other states that have had this issue, and the appeal has gone through. So we're hoping that it will show that we are willing to take care of our church and fund it, you know, use it and take care of it.”

She’s been collecting signed affidavits as part of a core group of members, Friends Ascension, working to fight the Road to Renewal plan to close and merge Ascension into Resurrection Parish. The affidavits, also called procurator mandates, are still being collected until Friday. They may be obtained at the group’s social media page. 

After a decree was read in church this past Sunday, the group posted the letter with the statement: 

“At the close of Mass today a letter was read pertaining to the future of Ascension Parish. This letter was to be made public. The feeling was one of sadness and grief that was felt throughout the church as parishioners exited. Our resolve is to not give up and an appeal will be submitted. Please continue to pray and support us as we work together to keep Ascension Parish open.”

A group from St. Brigid’s Parish in Bergen is following a similar process of appeal since that parish is also facing closure and merge with Our Lady of Mercy in Le Roy.

The Batavian contacted St. Brigid’s office in an attempt to talk to someone about that appeal effort; however, the message was conveyed to Father Scott, who returned the call.  

He emphasized that “no priest wants to do this” to a church family.

“And seeing the people that they care about hurting,” he said. “You know, it’s a very difficult process for everybody, and yet they seem to think that the Diocese is somehow enjoying this or something. They make it sound as though it’s a vicious attack against them. And while it may seem that way, no bishop or priest is interested in doing these things, it’s not something that we want.”

If the bishop does not reverse the decision to close, the parish can then file an appeal to the Vatican, he said, which is “delaying the closure, but may not save it” from eventually being closed. In fact, if the Diocese follows the process correctly, “the Vatican is going to respect the decision of the bishop to keep things closed,” he said. 

“And just because it’s appealed doesn’t mean that it’s going to work, and they’re going to keep the church open. I think that that’s something that a lot of people don’t quite understand, is you’re asking them to look at the process, and if there was a problem with the process, sure, you keep the church open, but the Diocese could reinitiate that process, correcting what they did wrong,” he said. “So it’s delaying the closure, but it may not save the church from closing eventually, I think.”

He cited the lower number of sacraments—no first communions in 2023—given at Ascension Parish or St. Brigid’s versus other more robust sites, including 25 at Resurrection in Batavia, and that 75% of St. Brigid’s congregation is an older community of age 66 and up, with no weddings since 2017. 

He said it’s not just a matter of selling the building for money or the lack of priests but also about the low number of sacraments performed at the sites chosen to be closed. The Diocese has also apparently considered getting the most bang for its buck.

“We’re supposed to be splitting expenses, and St. Brigid’s pays 18% of the secretary's salary, 18% of the bookkeeper's salary and 20% of the priest’s salary. But by rights, they should be paying 50%, but if they were paying more than 18 or 20%, they wouldn’t have enough money to pay their bills.”

Ascension has reported a healthy savings account of $1 million, and Friends of Ascension is urging parishioners to continue supporting the parish through attendance, volunteer efforts and donations. 

Despite those reasons that Father Scott cited for closure, that’s not what is on the minds and hearts of faithful Ascension members, such as former trustee Bill Brach. And he’s not giving up.

“You’ve always gotta hope,” Brach said, adding that he’s encouraged by the history of other parishes that have filed appeals from around the country, and input from the Save Our Buffalo Churches group that has been providing advice and information.

In its communication this past Sunday, the Diocese filled four pages with “the facts” about Ascension Parish being born of the journey of faith and grace on April 1, 2008, and then becoming part of Family #12 on the Road to Renewal, via the Diocese’s direction, in September 2022.

“The Road to Renewal has allowed the diocese to gain a more realistic picture of the financial and sacramental situations in its parishes. Ascension Parish has been identified as a community that could benefit from being joined by its sister community in Batavia. Additionally, due to our need to amass a substantial sum of money to settle numerous civil claims in Federal Bankruptcy Court, the possibility of alienating this property has also been suggested,” Father Michael Fisher said in the letter.

“THE ARGUMENT: The reshaping of the diocese to prepare it for more effective ministry in the future requires a certain consolidation of resources. The goal of the Road to Renewal is to reduce the strain on our already limited number of priests while at the same time uniting communities to foster a greater drive to ‘go out to all the world and preach the Gospel to all creation’ (Mk 16:15). Part of this process requires the merging of parishes and the overall reduction of physical worship sites throughout the diocese,” Fisher stated. “Looking at Ascension Parish in particular, the research and consultation done by the Office for Renewal and Development has revealed that this community would be better served by joining its resources to Resurrection Parish in an extinctive merger. 

“On 27 August 2024, the presbyteral council met at the Catholic Center of the Diocese of Buffalo. At this meeting, I consulted the council about the possibility of merging Ascension Parish into Resurrection Parish, Batavia. Rev. Zielenieski pointed out that there would likely only be three available priests (1 Diocesan and 2 Mercedarians) serving in Family #12 by 2030. Resurrection Parish was also considered to absorb the territory of other nearby parishes so as to centralize pastoral ministry and increase efforts for evangelization. This proposal received nearly unanimous support from the members of the Presbyteral Council present on 27 August. 

“Having heard the Presbyteral Council on this issue, I have chosen to merge Ascension Parish into Resurrection Parish in accord with canon 515 §2. Thus, having done the requisite consultations and having gained the required consents, I, the undersigned Most Reverend Michael W. Fisher, Bishop of Buffalo, exercising my ordinary power in virtue of canon 515 82, do hereby decree that Ascension Parish, Batavia be merged into Resurrection Parish, Batavia and Ascension to be extinct thereby.”

Resurrection Parish will be the recipient of Ascension Parish's net assets and liabilities, he said in the letter. The territorial boundaries of Resurrection Parish will include the entire city and town of Batavia east of Kelsey Road and Wortendyke Road and that part of the Township of Stafford that is north of Route 5 and west of Byron-Stafford Road.

“The intentions of the founders and donors regarding the temporal goods and patrimonial rights proper to the extinct Ascension Parish, insofar as they exist, must be respected. In addition, the temporal goods and patrimonial rights, and obligations of the extinct Resurrection Parish must be defined and allocated according to the norm of law,” he said.

Brach read and tried to decipher the letter, but he couldn’t determine exactly how the Diocese arrived at its decision.

“They didn’t come out with a real reason. It says right in Canon law you can’t close a church because of lack of clergy,” he said, also referring to the federal bankruptcy court. “Well, you know, we've got this chapter 11 bankruptcy thing going, that's like, you know, that's not my chapter 11 bankruptcy, that's your chapter 11 bankruptcy. So, yeah, they really didn't give solid reasons why they want to close the church. There’s a lot of smoke and mirrors, but there’s not a lot of substance.”

There’s a process of three different appeals that takes it from a local level to another notch up the chain of command, with the final appeal to the Vatican. 

It’s certainly worth the time and effort, he said.

“I don’t think it’s hopeless,” he said. “I think the Diocese has shown enough mismanagement that the appeal will go through.”

He cited Father Scott’s forewarning that ‘you’re going to waste your money’ by hiring an attorney to file an appeal to the Vatican when and if necessary, but Brach’s research has shown some areas of the country, such as in the Diocese of Cleveland, where almost every parish that went through an appeal process won, he said.

After the Vatican reversed the closures of 13 churches in the Diocese of Cleveland,  Bob Kloos, vice president of Endangered Catholics, characterized the reversals as "the most stunning" actions in Catholic American history,” according to an online article for Sojourners. 

"It's incredible," Kloos said. "Rome is saying to this bishop and to all the bishops: 'You can't close churches just because you don't have the money or the staff.' Budgetary constraints can't be used to suppress parishes."

That’s what Brach and Friends of Ascension are counting on. He questioned why the parish was given Nov. 22, a Friday, as the closing date. Father Scott explained that it’s the last day of the liturgical year before the first Sunday of Advent and that a new liturgical year begins. 

Given that appeals will be filed, there may be delays, but Father Scott said whenever the final service takes place, it won’t be ordinary. It will be a time of “celebration” of that particular parish's history and meaning and “emphasize the impact” it has on the community. Parish members are likely to disagree with the celebration component.

As for the property of Ascension and Sacred Heart Church, about four statues have been returned from St. Joseph’s, including the black Madonna, Bruggman said. Parish members had questioned clergy about statues having been removed during a meeting in September, and the items have since been returned.

For the full Diocese letter, go to Friends of Ascension.